Fulton County District Attorney Fani Willis has been ordered to pay attorneys’ fees for her office’s intentional violations of Georgia’s open records laws. This ruling stems from a case related to the failed racketeering (RICO) prosecution of former President Donald Trump. In October 2024, a judge had already indicated that Willis would lose the case and face a monetary penalty. On Friday, this judgment was finalized by Fulton County Superior Court Judge Rachel Krause.
The case revolved around the Georgia Open Records Act, with attorney Ashleigh Merchant, who represents Michael Roman, a co-defendant in the RICO case, proving that the DA’s office had not complied with open records requests in a timely manner. These requests sought documents related to Nathan Wade, a former special assistant to the district attorney who was forced to resign due to a past romantic relationship with Willis, as well as other documents about public funds spent by Willis’ office. Despite these requests, the DA’s office delayed providing the documents and even claimed that the law did not apply to them.
The situation escalated further when, only after a lawsuit and subpoena were filed, the DA’s office complied with the law. Dexter Bond, the deputy of operations for the DA’s office, was crucial in this case. He admitted under oath that he had responded unfavorably to Merchant’s requests because of the identity of the attorney filing the lawsuit. This was a significant violation of the open records law and was clearly frustrating to Judge Krause.
The judge’s ruling highlighted that the treatment of Merchant’s requests was a clear example of bad faith. Bond was found to have refused to communicate with Merchant, even though he usually made such efforts when requests were unclear. His lack of communication and refusal to make adequate efforts to search for the requested materials demonstrated a failure to act in good faith. Moreover, Bond initially interpreted the records request narrowly, limiting it to media-related agreements and ignoring other important documents like confidentiality agreements. Only after further consultation with the defendants’ counsel did Bond broaden his interpretation, resulting in the production of more documents. Yet, it was evident that Bond did not make sufficient efforts to search for or identify other relevant documents.
The judge concluded that Willis and her team had acted without substantial justification and their actions were intentional, vexatious, and substantially groundless. As a result, the DA’s office was ordered to pay Merchant a total of $54,264 to cover attorneys’ fees and litigation expenses. This amount is a reflection of the costs incurred by Merchant during the legal proceedings due to the DA’s failure to comply with the open records law in good faith.
Additionally, the court issued an injunction, ordering Willis to finally provide three categories of documents that had been requested earlier. The DA’s office has 30 days to comply with the court’s order and make the payment. If they fail to do so, they could face further penalties or additional legal costs. This ruling serves as a reminder of the importance of transparency and accountability in government, particularly when it comes to public records.
