ATHENS, Ga. — After years of staffing problems and a lawsuit that went all the way to the state Supreme Court, voters in Athens-Clarke County have chosen a new district attorney, Kalki Yalamanchili. But that won’t end current DA Deborah Gonzalez's legal troubles.
On Wednesday, Athens attorney Kevin Epps sent Gonzalez a letter stating his client wants a written public apology for allegedly violating the Open Records Act and $180,000 to pay the legal fees associated with this case. The offer was good until 4 p.m. Wednesday.
“Mr. Miller has made the decision to move forward with the litigation so that the public can understand the truth of what was happening from a public official who was not being honest with its constituents,” Epps explained.
The deadline came and went with no response. Epps said he would now go to the Athens-Clarke County judge to schedule a hearing to discuss how the case should move forward. He has requested that Gonzalez be deposed as part of the case next week.
“She will be asked very candid questions about what she did while holding this office,” Epps said.
Epps is representing Athens business owner Jarrod Miller. He filed the lawsuit in 2023, accusing her of failing to properly do her job. Throughout her term, she has been plagued with severe staffing shortages, causing heavy caseloads and courtroom mistakes that have led to cases being dismissed.
Gonzalez fought the lawsuit and allegedly failed to turn over several documents as part of an open records request, arguing all the way to the state Supreme Court that, as a DA, she wasn’t required to. In a unanimous decision – the court disagreed.
“Mr. Miller has made the decision to move forward with the litigation so that the public can understand the truth of what was happening from a public official who was not being honest with its constituents,” said Epps.
Gonzalez declined to talk with 11Alive on Wednesday but has always insisted low pay and the impacts of COVID-19 led to her staffing problems. She fought for months and won pay increases, and at the time of the election, her office was almost fully staffed.
Still, Gonzalez told 11Alive in September while on the campaign trail, “This negative narrative has been put out for so long that is also affecting us.”
In a written statement on election night, Gonzalez also said, “We faced significant financial disparities, with our opponent receiving substantial backing from large donors.”
But Athens-Clarke County is a deep blue county. Voters there choose the Democrat candidate every time, from president to state races -- except when it came to the district attorney. It shows many made a conscious decision not to vote for her.
“It was never set out to be a politics,” said Epps, who counters claims that the lawsuit was part of the larger Republican state effort to remove democrat DA’s from office.
But he said the case will hopefully have statewide implications, making prosecutors and judges more aware of victim’s rights.
Gonzalez is the first DA in the state to have an office found guilty of violating the victim’s rights, not once but five times. In several cases, the violation involved a plea deal made without giving victims the chance to speak.
“If you want a silver lining that came from any of this, I think victims' rights are at the forefront, and I think they're more respected now in this state than ever before,” Epps explained.
Epps said he’ll continue to represent victims in the Western Judicial Circuit when there’s a valid claim their rights were violated, regardless of who the DA is. He believes forms should be easily available for victims to do the same statewide.
Epps now serves as an advisory board member for Marsy’s Law of Georgia, a group that advocates for victims’ rights.
In a written statement related to the outcome of the election, Gonzalez said: “While this is a moment of reflection, it is also a call to action. We must continue advocating for our principles, ensuring that our community’s needs are met and that all voices are heard ... The fight for justice is far from over. I look forward to supporting the next generation of reformers who can build a community where healing our deep divisions is prioritized.”
