6 EFILED IN OFFICE CLERK OF SUPERIOR COURT CLARKE COUNTY, GEORGIA $U23CV0108 IN THE SUPERIOR COURT OF ATHENS-CLARKE COUNTY LISA LOTT MAR 13, 2023 12:53 AM STATE OF GEORGIA Cog hf JARROD MILLER, G4: Applicant, v. : CIVIL ACTION NO. DEBORAH GONZALEZ, in her official capacity as District Attorney, Respondent. APPLICATION FOR WRIT OF MANDAMUS COMES NOW, Applicant Jarrod Miller (hereinafter “Applicant”) and files this Application for Writ of Mandamus, respectfully showing the Court as follows: SUMMARY Since her first day in office, District Attorney Deborah Gonzalez (hereinafter “Respondent”) has been unable and unwilling to perform her statutory duties. On day one of taking office, Respondent announced her refusal to prosecute all crimes committed in violation of her statutory duties and oath of office. In addition, Respondent (a) has been unable to properly staff her office, (b) hired under-qualified assistant district attomeys—leading to a mistrial in a rape case, (c) failed to appear before grand juries, (d) is about to have approximately one hundred fifty (150) cases dismissed for failure to prosecute, and, pethaps most importantly, and (¢) failed to properly victims of serious crimes. The Court should issue a writ of mandamus to compel Deborah Gonzalez to perform the duties of her office prescribed by O.C.G.A. § 15-18-6, PARTIES AND JURISDICTION 1 Applicant is a resident of Athens-Clarke County and voted for Respondent when she ranfor District Attomey 2 Respondent Deborah Gonzalez is the District Attorney of the Western Judicial Circuit and may be served with process at 325 E. Washington St, Room 370, Athens, GA 30601 or wherever else she may be found, Respondent is named in her official capacity and is subject to the jurisdiction and venue of this Court, FACTUAL BACKGROUND 3 On December 1, 2020, Respondent was elected District Attorney of the Western Judicial Circuit. Respondent had no career experience relating to criminal law or trial advocacy. 4, On December 17, 2020, Respondent took the Oath of the Office of District Attorney: “I, DEBORAH GONZALEZ, do swear (or affirm) that I will faithfully and impartially and without fear, favor, or affection discharge my duties as DISTRICT ATTORNEY ... I do further solemnly swear (or affirm) that ... I will support the Constitution of the United States and of this state.” See also O.C.G.A. § 15-18-2. A true and correct copy of the Oath of Office is attached as Exhibit 1 5 Shortly afier Respondent took her oath, it became clear that she was either unable or unwilling to properly run the Western Judicial Circuit’s District Attorney's Offices. Over the course of 2022, the Superior Court Judges of the Western Judicial Circuit became increasingly concerned regarding the efficacy, preparation, and procedural readiness of Respondent and Respondent's Assistant District Attorneys (hereinafter “ADAS") (2)6 On October 17, 2022, all of the Superior Court Judges of the Western Judicial Circuit sent Respondent a letter identifying numerous problems with the Respondent's office performance, including: Failure to offer pleas in a timely manner Failure to provide complete discovery in a timely manner Failure to secure witnesses for trials and hearings Failure to coordinate with law enforcement in advance of hearings and trials Failure to produce witness lists at arraignment and supplementing said lists in advance of trial Failure to recommend citizens who are charged with possession of drugs to the appropriate Accountability Court to lower recidivism © Failure to try or otherwise resolve cases involving previously-accused under the 0.C.G.A. § 17-7-70.1(a.1) (now repealed) before the sunset provision occurred on June 30, 2022 ‘© Failure to use the grand jury to its fullest potential once functions resumed in March 2021 ‘© Failure to file accusations in Oconee County © Failure to file CHINS petitions in Juvenile Court pursuant to 0.C.G.A. § 15-11-140 ewes . Further, the Court reminded Respondent of her statutory duties under O.C.G.A. § 15-186, specifically emphasizing subsections (1) and (2): (1) To attend each session of the superior courts unless excused by the judge thereof and to remain until the business of the state is disposed of, (2) To attend on the grand juries, advise them in relation to matters of law, and swear and examine witnesses before them; The letter was signed by Chief Judge Erie W. Norris and Judges Lawton E. Stephens, H. Patrick Haggard, and Lisa Lott. A true and correct copy of the October 17, 2021 letter is attached hereto as Exhibit 2 (hereinafter “October Letter”). 7. O.C.G.A. § 15-18-6 prescribes twelve (12) statutory duties that are required of district attomeys. A careful review of Respondent's performance confirms that she has disregarded her oath and continues to fail to perform her statutory required duties as a district attorney. GB)A. FAILURE TO ATTEND COURT HEARINGS 8 District attorneys are required to “attend each session of the superior courts unless excused by the judge thereof and . . . remain until the business of the state is disposed of.” O.C.G.A. § 15- 18-6(1). Respondent has woefully failed to appear and remain before each session of the superior courts of Athens-Clarke County and Oconee County. Under good faith and belief, due to the understaffing of Respondent’s office, Respondent is now requesting the judges of the Western Cireuit to change the dates of already set criminal calendars and even shorten scheduled court appearances that Respondent is required to appear. 9. In the October Letter, the judges specifically critiqued Respondent's failure to attend court hearings: “We expect for you to directly participate and appear for sessions of criminal arraignments, final pleas, jury trials, grand jury, and motion hearings.” Ex. 2 (emphasis added). The judges noted that Respondent’s participation in court hearings “will allow [her] to see the scope of the matters discussed and, should an issue arise, address and resolve such matters at the earliest possibility” as well as “ease the load on the ADAs [created by Respondent's staffing issues] and help [the judges] move the backlogged cases.” Id. 10. ‘As identified in the October Letter, in addition to her own absence before the Circuit's courts, Respondent is unable to appropriately staff ADAs in court hearings. On January 17, 2023, Respondent sent a text that stated, “I have had another resignation today. I do not have enough to (4)cover the courts.” By her own admissions, Respondent has been unable to ensure that the District, Attorney's Office is prepared to sufficiently represent the State in h U1. Respondent's office is wasting the time and resources of the courts and our community, including that of judges, victims, summoned jurors, witnesses, defendants, and counsel who prepared appropriately to appear. She is impeding the administration of justice due to her inability to “attend each session of the superior courts” as required by O.C.G.A. § 15-18-6 (1) B, FAILURE TO ADEQUATELY ADVISE GRAND JURIES 12, District attorneys also have the duty “[tJo attend on the grand juries, advise them in relation. to matters of law, and swear and examine witnesses before them.” O.C.G.A. § 15-18-6(2). Respondent has failed to uphold her duty to attend and advise meetings of the grand juries. 13. In the October Letter, the judges implore Respondent to participate in grand jury proceedings and reminded her of her duties under 0.C.G.A. § 15-18-6 (2). In addition, among the many failures of the District Attomey’s Office, the Judges list “[ultilizing the grand jury to its full potential since functions resumed in March 2021” as one of Respondent’s failures, Id. 14, Because Respondent cannot meet the statutory requirement of convening the grand jury, Respondent's office improperly accused defendants under O.C.G.A. § 17-7-70(a.1) at least seventy-four times (74) after the repeal of that statute. This statute was a tool the Georgia + A true and accurate copy of the text message, obtained through an Open Records Request, is attached as Exhibit “3” 5)Legislature gave district attorneys during the COVID-19 pandemic in order to accuse crimes that would under normal circumstances be presented to a grand jury. After the pandemic, the law was repealed in June 2022. However, Respondent continued to use the repealed statute rather than properly convene the grand jury as required by Georgia law. Amazingly, Respondent was made aware of her office’s improper procedure of accusing cases under a repealed statute due to a dismissal of an accusation by Judge Haggard on October 12, 2022. However, instead of correcting the misuse of Georgia law against citizens of Athens-Clarke County and Oconee County, Respondent still has active cases against the improperly accused individuals. A true and accurate account of cases improperly accused in the Western Judicial Circuit is attached as Exhibit 4, as well as the order of dismissal by Judge Haggard. 15. On February 9, 2022, Respondent provided legal advice to Oconee County Board of Commissioners Chairman John Daniell and Commissioner Chuck Horton. Respondent informed the commissioners that for a first offense of Driving Under the Influence, “the statute mandates a minimum of 1-12 months probation...” But the applicable statute, O.C.G.A. § 40-6- 391(¢)(1)(F), actually mandates a probationary period of a full twelve (12) months, less only days of incarceration, There is no discretion to order probation for fewer months. If Respondent cannot adequately advise public leaders as to matters of law, Respondent’s ability to adequately advise the grand jury as to matters of law is likely equally as insufficient. A true and accurate copy of Respondent's email, obtained through an Open Records Request, is attached as Exhibit 5. 16. Upon information and belief, Respondent does not adequately attend grand juries nor regularly convene meetings of the grand juries. Rather than regularly convene grand juries, [6]Respondent regularly uses informal channels to inform the Clerks of Court of cancellations of such meetings. 17 Although the number of pre-indictment cases have drastically increased since Respondent has taken office, the number of times the grand jury has convened has drastically decreased. At the end of 2022, Respondent's office had nine hundred (900) cases in Athens-Clarke County in the pre-indictment phase in Athens-Clarke County, Based upon information and belief, during the most recent meeting of the grand jury, only two (2) cases were indicted by a grand jury. Respondent's office does not effectively and efficiently utilize the grand jury. A true and accurate copy of the pending pre-indictment criminal cases is attached as Exhibit 6. 18. Upon information and belief, Respondent improperly utilizes “Apprentices” and third-year Jaw students to present cases to the grand jury. Respondent states that apprentices’ responsibilities include, “preparations of indictments and felony accusations; and presentation of cases to Grand Jury.” However, under 0.C.G.A. § 15-8-22(4), “[a]n authorized third-year law student ... when. under the supervision of a district attorney, may assist in criminal proceedings . . . as if admitted and licensed to practice law in the state...and that, in the conduct of a grand jury investigation . . . a district attorney or his duly appointed assistant must be physically present.” A true and accurate copy of Respondent's statement via email, obtained through Open Record Request, is attached as Exhibit 7 m™C, FAILURE TO PROSECUTE ALL INDICTABLE OFFENSES 19. District attorneys also have a duty “[t]o draw up all indictments or presentments, when requested by the grand jury, and to prosecute all indictable offenses.” 0.C.G.A. § 15-18-6(4). Respondent has blatantly and willfully refused to uphold this duty. 20. On January 1, 2021—Respondent’s first day in office—she issued a public memorandum entitled “Faimess and Equity in the Wester Judicial Circuit District Attorney Office” (hereinafter “Memorandum”). A true and accurate copy of the Memorandum is attached as Exhibit 8. The Memorandum was distributed to all ADAs and staff of the Wester Judicial Circuit. Notably, under her leadership, Respondent determined that the District Attorney's Office: a. Will adopt an office-wide presumption not to charge multiple minimum mandatory crimes if and when one crime accounts for all the facts and circumstances of an event; b. Will not charge simple possession of marijuana offenses, regardless of amount and... will encourage police agencies to expand the use of civil citations of marijuana possession in lieu of criminal arrest; 4. Will not charge possession of “drug-related object” offenses. Thus, Respondent instructed her ADAs to disregard the laws and duties set forth by the Georgia General Assembly. Although prosecutors retain ide discretionary latitude, categorical abandonment of certain laws amounts to a legislative act—a power not found within O.C.G.A. § 15-18-6. By publishing this Memorandum on her first day, Respondent clearly never intended to fully carryout her statutory duties or uphold her oath to support the laws and Constitution of the United States and the State of Georgia. 2. On March 19, 2021, Elijah Wood (23) was murdered in cold-blood while working as a gas (8)station clerk in Oconee County. After extensive investigation by the Oconee County Sheriff's Office, Akhil Crumpton was identified and arrested for perpetrating the murder. Respondent's office chose to indict the defendant on charges of Felony Murder but failed to indict the defendant with Mali ce Murder. The vicious slaying of Mr. Wood fell squarely within the parameters of O.C.G.A. § 16-5-1, which states that “[a] person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” Therein, Respondent's office failed to indict and prosecute the defendant with “all indictable offenses” as required by O.C.G.A. § 15-18-6(4). A true and accurate copy of the indictment of Akhil Crumpton is attached as Exhibit 9. 22, On December 27, 2022, Respondent’s office filed a Motion to Enter Nolle Prosequi due to medical amnesty under 0.C.G.A. § 16-13-5(b), wherein the defendant had been indicted on charges of Trafficking Methamphetamine or Amphetamine. A true and accurate copy of the Motion to Enter Nolle Prosequi is attached as Exhibit 10. Under 0.C.G.A. § 16-13-5(b), medical amnesty applies for “any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose .. . if the evidence for the arrest, charge, or prosecution of such drug violation resulted solely from seeking such medical a stance.” However, 0.C.G.A. § 16-13-5(a)(2) clearly defines “drug violation” as violations of Georgia law involving possession of drugs or drug related objects. Trafficking of Methamphetamine or Amphetamine clearly falls outside of the scope of possession. Therefore, Respondent's office inappropriately obtained an Order for Nolle Prosequi and resulted in another failure to prosecute an “indictable offense,” as required by 0.C.G.A. § 15-18-6(4). (9)23, Respondent's office has violated multiple defendants’ “Speedy Trial” rights under O.C.G.A. § 17-7-70, causing the cases to be dismissed. For example, in State v. Fernandez, No. SU-CR-0782, the defendant was charged with Trafficking Person for Sexual Servitude, Aggravated Child Molestation (2 counts), Statutory Rape, Kidnapping, and False Imprisonment. ‘The defendant filed a Demand for Speedy Trial on January 9, 2022.7 Respondent's office failed to try the defendant during the subsequent two terms of court, entitling the defendant to an Order of Discharge and Acquittal.’ In cases such as this, Respondent's office makes critical mistakes that render her unable to adequately prosecute gravely consequential offenses. A true and accurate account of Respondent's Office’s missed speedy trial demands in 2021 and 2022 is attached as Exhibit 11 24, Upon information and belief, approximately One Hundred Fifty (150) criminal cases are subject to dismissal in Oconee County due to Respondent’s failure to accuse defendants within the statutory requirement of two (2) years for misdemeanors. And as each month passes, the statute of limitations on more cases runs, If Respondent continues her trend of not prosecuting cases, approximately 726 cases in Oconee County alone stand to be dismissed. 25. Respondent has instructed her office to decline to prosecute cases of truancy. As a result, the Juvenile Court has been forced to explore alternative means to prosecute truancy, including 2 A true and accurate copy of the defendant’s Motion for Discharge and Acquittal is attached as, Exhibit 12, >A true and accurate copy of the Court’s Order Granting Motion for Discharge and Acquittal is attached as Exhibit 13. (10)hiring outside counsel to do so. Respondent alleged via text message, “[mly theory is the judge doesn’t have enough cases to justify a court so if she starts prosecuting truancy, she can increase the case load,” Consequently, Respondent has again categorically disregarded the laws of the state of Georgia. As a result, the Juvenile Court has been forced to develop independent modes of administering justice, A true and accurate copy of Respondent’s text messages, obtained through Open Records Request, are attached as Exhibit 14, 26. Respondent prosecuted her first criminal case in January 2023. Respondent was unable to introduce vital evidence into the trial because she did not lay a proper foundation for the evidence. The jury returned a not guilty verdict on all counts. Respondent's lack of experience and knowledge of the rules of evidence inhibited her ability to effectively prosecute “all indictable offenses” as required under .C.G.A. § 15-18-6(4). A true and accurate copy of State v. Petree, No, 21-3757 (Mag. Ct. Athens- Clarke Cty.) proceedings is attached as Exhibit 15. 27 Respondent gave an interview to WUGA in which she stated, “Do I process these theft by shoplifting, or do I go after the murder or the rape or the aggravated assault? What [H.B. 229] is telling me is that I have to do both, and obviously, I don’t have enough resources to do both.” In her own words, Respondent admits that she is incapable of prosecuting “all indictable offenses” as required by O.C.G.A. § 15-18-6(4). A true and accurate copy of the WUGA interview transcript is attached as Exhibit 16, 28. On September 6, 2022, Chief Judge Robert D. Leonard Il, Chair of the Judicial Workload Assessment Committee, informed Chief Judge Norris that the Wester Judicial Circuit's workload awas below a 0.9 value, indicating a below average caseload. Chief Judge Leonard I further stated that a continued below-average caseload could result in decreased judicial resources, including judges, ADAs, public defenders, and staff. The below-average caseload is directly related to Respondent's office’s inability to indict and prosecute cases in the Western Judicial Circuit, While Respondent complains that she does not receive enough funding to properly pay the ADAs she has or want to have, Respondent is in danger of losing the necessary funding she already has to pay ADAs due to her nability to prosecute cases. A true and accurate copy of the emails between Chief Judges Leonard and Norris are attached as Exhibit 17. D. FAILURE TO ADEQUATELY ADVISE LAW ENFORCEMENT 29 Respondent is required “[tJo advise law enforcement officers concerning the sufficiency of evidence, warrants, and similar matters relating to the investigation and prosecution of criminal offenses.” 0.C.G.A. § 15+18-6(7). Again, Respondent has failed to uphold this duty, 30. On January 23, 2023, a defendant brought a Motion to Suppress before Judge Lisa Lott. The defendant challenged the issue of whether the officer who stopped the defendant had reasonable articulable suspicion to make the stop. Respondent's office presented testimony from an Athens-Clarke County Police Officer (hereinafter “ACCPD”) who arrived at the scene after the stop had been made. Respondent’s office did not present evidence of testimony from the ACCPD officer who initially made the stop which was vital to proceed against the Defendant's Motion. Therefore, Respondent's office was unable to sufficiently provide evidence or testimony supporting the officer's finding of reasonable articulable suspicion, Respondent's office had a duty to advise law enforcement about the sufficiency of evidence, including identifying which officer’s 2]testimony would be appropriate in a Motion to Suppress hearing. A true and accurate copy of Judge Lott's order granting the defendant's motion to suppress is attached as Exhibit 18, 31. Furthermore, Respondent has a turbulent relationshiy with the ACCPD’s office, which likely affects her office’s ability to readily provide advice relating to matters of investigation and prosecution. In an email exchange with ACCPD Chief Cleveland Spruill and Athens-Clarke County Manager Blaine Williams concerning a juvenile shooting, Respondent shifted blame onto Chief Spruill, Respondent quipped, “[w]e can continue these time-wasting back and forth emails or we can move forward with proactive steps to keep our community safe.” Altogether, Respondent's antagonistic demeanor towards Chief Spruill and ACCPD seemingly prevent her from effectively advising ACCPD in matters of law. A true and accurate copy of Respondent’s email message to Chief Spruill and Manager Williams is attached as Exhibit 19. B, FAILURE TO ASSIST VICTIMS 32. Crucially, district attorneys must “assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that the victims of crimes are apprised of the rights afforded them under the law.” O.C.G.A. § 15-18-6(11). ‘The Circuit's victims suffer more because of Respondent's failure to uphold this duty. 33. From at least 2012 to 2019, numerous women were sexually victimized by a defendant in ‘Athens-Clarke County. The defendant was indicted in both Athens-Clarke County and Troup County, In Troup County, the defendant pled guilty to an indictment that included RICO (two counts), Sexual Exploitation of Children (five counts), Invasion of Privacy (nine counts), and (13)Trespassing and Possession of Eavesdropping Devices. Respondent's office negotiated a plea agreement which convicted the defendant of only Invasion of Privacy (three counts).* As a result of the plea, Respondent’s office dismissed an indictment charging the defendant with Rape and Aggravated Sodomy. This led to one of the victims to write the parole board: “feel very lied to and betrayed by the Athens DA.” Neither Respondent nor her office even explained the final negotiated plea deal to the victim. One of the defendant’s other victims committed suicide after the resolution of the case. Respondent's office woefillly failed to properly assist the victims of this crime. 34. In August 2021, a defendant was arrested for sexually trafficking her five-year-old daughter. Because Respondent’s office failed to timely indict the defendant, the defendant was released on an $8,450 bond. Ultimately, Respondent's office indicted the defendant on charges of 1 {Ticking Persons for Sexual Solitude (two counts), Child Molestation (three counts), Incest (two counts), First-Degree Cruelty to Children, and Aggravated Sexual Battery. Procedural mistakes made by Respondent's office put the five-year-old victim in further danger. A true and accurate copy of an article depicting the facts of the case is attached as Exhibit 22. 35. On March 7, 2022, the mother of a sextually victimized juvenile emailed Athens-Clarke County Commissioner Carol Myers about the way Respondent's office was prosecuting her daughter's attacker. The victim’s mother emphasized, “I feel like if my daughter would’ve been considered important that something would've happened by now. She's important to me and it shouldn't take this long on a cas Respondent's office did not adequately communicate nor assist +A true and accurate copy of a news article depicting the plea deal is attached as Exhibit 21. (14)the victim and the victim’s family. A true and accurate copy of the email exchange is attached as Exhibit 2: F. FAILURE TO SUBMIT DISPOSITION INFORMATION 36. O.C.G.A. § 15-18-6(10) mandates that district attorneys “ensure disposition information is submitted in accordance with subsection (g) of Code Section 35-3-36 when a final disposition decision is made by a district attorney.” Respondent has failed to submit such information by failing to include proper disposition information on the nolle prosequi form submitted to the clerks. G. FAILURE TO PERFORM OTHER OFFICE DUTIES 37. Finally, O.C.G.A. § 15-18-6(12) mandates that district attorneys “perform such other duties as are or may be required by law or which necessarily appertain to their office.” As shown herein, Respondent is not appropriately maintaining the office of district attomey in this Circuit. 38. Sin ssuming office on January 1, 2021, Respondent has been unable to adequately recruit and retain employees. Upon information and belief, at least fifty (50) employees in Respondent's office have resigned or been terminated since Respondent assumed office. Respondent's office has capacity for seventeen (17) ADAS. Currently, Respondent has only five (5) ADAs to cover the entire Wester Judicial Circuit. Respondent's office is therefore gravely underemployed and cannot adequately maintain the functions of the District Attomney’s Office. Upon information and belief, a true and correct list of employee resignations and terminations under Respondent's tenure as District Attorney is attached as Exhibit 24.39. On October 17, 2022, in support of gubernatorial candidate Stacey Abrams, Respondent tweeted, “Any other CEO who lost more than 30% of their workforce would be fired.” Georgia State Representative Houston Gaines responded, “What about if you lose 80% of your workforce?” Since October 2022, Respondent has lost far more than 30% of her workforce. A true and accurate copy of the tweet exchange is attached as Exhibit 25. 40. Despite Respondent's inadequate staffing and inability to meet the demands of her office and duties prescribed by Georgia law, Respondent expends invaluable time and resources on developing projects that take away from her duties under 0.C.G.A. § 15-18-6. For example, Respondent created a position within her office entitled “Director of External Affairs.” The Director of External Affairs originated from an ADA position, which has now been eliminated by Respondent. Yet, Respondent complains of not having “enough [ADAs] to cover the courts.”> A true and accurate copy of a job listing for the Director of Extemal Affairs position is attached hereto as Exhibit 26. 41 In addition, Respondent has diverted time and resources from her office to developing a plan for a “Community Justice Center” which costs more than three million dollars. Respondent has proposed utilizing one of her ADAs as a “Community Outreach Person” at the Community Justice Center. The use of an ADA outside of the scope of prosecution would be counterproductive to maintaining the duties of the District Attomey’s Office, especially when Respondent cannot SEX. 3 A true and accurate copy of Respondent’s Proposal for the Community Justice Center has been attached as Exhibit 27, (16)retain “enough [ADAs] to cover the courts.”” A true and accurate copy of Respondent's email exchange in which she suggests utilizing an ADA at the Community Justice Center, obtained through Open Records Request, has been attached as Exhibit 28. 42. In emails responsive to open records requests, Respondent has admitted to hiring “those least qualified” in her office. A true and correct copy of this email admission is attached hereto as Exhibit 30, 43. Respondent hired Robert Schollmeyer, who served as a Chief Deputy ADA in the District Attomey’s Office. In February of 2022, Mr. Schollmeyer was accused of deliberately withholding exculpatory evidence in a juvenile rape case. The case was declared a mistrial due to Mr. Schollmeyer’s misconduct, and the Court ultimately entered an Order for Nolle Prosequi.* However, this was not Mr. Schollmeyer’s first offense of prosecutorial misconduct for failure to produce exculpatory evidence. In November of 2011, Mr. Schollmeyer was accused of exculpatory misconduct during a trial in St. Louis, Missouri, Schollmeyer is but one of the employees hired by Respondent who was "least qualified.” 44, Applicant, by way of his counsel, has sought a general understanding of how Respondent utilizes her time in performing her statutory duties as District Attorney. In reviewing the volumes of open records requ the documents reveal that part of the reason the Respondent is failing to 7Ex.3 © A true and correct copy of the Order of Nolle Prosequi and a news article regarding Schollmeyer’s previous misconduct are attached hereto collectively as Exhibit 31. 07)perform her statutory duties is due to the time spent on unrelated matters. A true and correct copy of the responses to the open records request are attached hereto as Exhibit 32 45, Based on the foregoing, Applicant respectfully requests that the Court require the proper performance of Respondent's statutory duties as a district attorney. “All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance, if there is no other specific legal remedy for the legal rights.” O.C.G.A. § 9-6- 20. 46. As a citizen of Athens-Clarke County, Applicant is sufficiently interested in having Respondent perform the duties of district attorney prescribed by statute, “Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced,” 0.C.G.A. § 9-6-24. 47. Applicant has no other specific legal remedy to require Respondent to appropriately perform her duties as District Attomey of the Western Judicial Circuit. The issuance of a writ of mandamus is, therefore, both necessary and appropriate to compel the faithful and proper performance by the Respondent of her official duties. PRAYER FOR RELIEF WHEREFORE, Applicant respectfully prays for the following: (a) That the Court issue a mandamus nisi in accordance with O.C.G.A. § 9-6-27 to (18)Respondent requiring her to show cause at a time and place to be designated by the Court as to why mandamus should not be issued; (b) That if Respondent cannot show cause, that the mandamus nisi be made absolute, requiring Respondent to comply with her statutory duties under O.C.G.A. § 15-18-6 and that if she fails to comply with the Court’s order, she be held in contempt of court, and (c) That the Court grant such other and further relief as it deems just and equitable, including attomey’s fees, costs, and expenses, Respectfully submitted this 13" day of March 2023 EPPS, HOLLOWAY, DELOACH & HOIPKEMIER, LLC By: 4/Kevin E. Epps Kevin E. Epps Georgia Bar No. 785511 By: /s/Tyler M. Gaines ____ Tyler M. Gaines Georgia Bar No. 855701 Attorneys for Applicant 1220 Langford Drive Building 200, Suite 101 Watkinsville, GA 30677 (706)508-4000 kevin@ehdhlaw.com tyler@ehdhlaw.com 09]VERIFICATION Personally appeared before me the undersigned, Jarrod Miller, Petitioner in the within and foregoing verified Petition for Writ of Mandamus who, being first duly sworn, deposes and says on oath the facts set forth therein are true and correct. Jarrod Miller Petitioner Sworn to and subscribed before me this [2 day of (NGNCL-_, 2038yAi, ? se ‘4 s [NOTARIAL SEAL] My commission expires: