Georgia Supreme Court rules DA Gonzalez not immune from Open Records Act

By Joe Johnson

Western Judicial Circuit District Deborah Gonzalez is not immune from the state’s Open Records Act, Georgia Supreme Court justices said in a ruling released on Tuesday.

The ruling allows a lawsuit against Gonzalez to proceed, rejecting the district attorney’s assertions the open records law doesn’t apply to her.

In June 2023, Oconee County resident Jarrod Miller filed a request for public records he said show “unprecedented staff shortages, staggering caseloads, violations of crime victims’ rights, failure…to effectively prosecute criminal cases, and an open disregard for the laws of the State of Georgia.”

Miller filed a complaint against Gonzalez, seeking to compel her to produce records in response to his request. Gonzalez argued neither she nor her office is subject to the Open Records Act because district attorneys are constitutional officers of Georgia’s judicial branch. She also argued that Miller lacked constitutional standing to bring an enforcement action under the Open Records Act.

On Tuesday, the high state court’s justices unanimously found Gonzalez failed to show that the trial court committed reversible error when it rejected Gonzalez’s arguments and denied her motion to dismiss.

“The Supreme Court also has concluded that Gonzalez is subject to suit under the Open Records Act in her official capacity as the custodian of public records for her office,” the court said. “Lastly, the Supreme Court has concluded that Gonzalez is not absolutely immune from civil liability for private actions arising from the performance of her official duties, including actions taken with respect to the Open Records Act.”