A legal battle between Fulton County District Attorney Fani Willis and conservative watchdog group Judicial Watch takes an unexpected turn in Georgia's Superior Court.
According to Newsweek, Superior Court Judge Robert C.I. McBurney has ruled Willis in default for failing to meet court deadlines regarding an open records request, potentially leading to her paying attorney's fees to Judicial Watch.
The lawsuit, filed in March, stems from Willis's alleged failure to comply with requests for documents and communications between her office and both Special Counsel Jack Smith and the U.S. House January 6 Committee.
The conservative group's legal action represents a significant challenge to Willis's handling of public records requests.
The timeline of events showcases a series of missed opportunities by Willis's office to address the situation. Willis received service on March 11, with Judicial Watch filing the return of service two days later. The district attorney then had a 30-day window to respond but failed to take any legal action to challenge or meet the deadline.
Judge McBurney's ruling emphasized Willis's complete lack of response to the legal proceedings. The court noted that she neither moved to open default nor paid costs, leaving her office without any presented defense for the delayed response. This unusual situation has drawn attention from legal observers and transparency advocates.
The court's decision requires Willis to conduct a thorough search of her records within five days of the ruling. She must then provide Judicial Watch with all relevant documents that are not legally exempt from disclosure, marking a significant victory for the watchdog group.
Judicial Watch President Tom Fitton expressed strong views about the unprecedented nature of the ruling. He highlighted the organization's three decades of experience in pursuing government transparency:
Fani Willis is something else. We've been doing this work for 30 years, and this is the first time in our experience a government official has been found in default for not showing up in court to answer an open records lawsuit. Judicial Watch looks forward to getting any documents from the Fani Willis operation about collusion with the Biden administration and Nancy Pelosi's Congress on her unprecedented and compromised 'get-Trump' prosecution.
The case intersects with Willis's high-profile prosecution of former President Donald Trump and 18 others on racketeering charges related to alleged efforts to overturn Georgia's 2020 election results. These parallel legal developments add complexity to Willis's position as she manages multiple significant cases.
A hearing scheduled for December 20 will determine whether Willis must pay attorney's fees and costs to Judicial Watch. The judge's ruling found that Willis violated the Open Records Act by failing to either provide the requested records or inform the organization of her decision to withhold them.
Recent developments in Willis's prosecution of Trump have also seen changes, with the Georgia Court of Appeals canceling a December 5 hearing regarding attempts to disqualify her from the case. The postponement's reasoning remains unclear, leaving another element of uncertainty in the ongoing legal proceedings.
The default ruling against Fani Willis represents a significant development in the ongoing struggle between government transparency and administrative procedure in Georgia's legal system. The Fulton County District Attorney's office faces a December 20 hearing that could result in financial penalties for failing to comply with open records requests from Judicial Watch.
The case highlights the intersection of public accountability and legal oversight, as Willis must now conduct a thorough records search while managing other high-profile cases, including the prosecution of former President Donald Trump. The outcome of this records dispute could influence future handling of public information requests in Georgia's judicial system.
