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America March 18, 2025 3 mins read

Fulton DA Must Pay $54K After Violating Open Records Act, Judge Rules

America ı By Rihem Akkouche

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Fulton DA Must Pay $54K

In a stunning rebuke, a Fulton County judge has ordered District Attorney Fani Willis’ office to pay more than $54,000 in legal fees and produce documents it unlawfully withheld from an attorney representing one of Donald Trump’s co-defendants in Georgia’s election interference case. The ruling, issued Friday by Fulton County Superior Court Judge Rachel Krause, marks a critical blow to Willis amid mounting scrutiny over her handling of the high-profile prosecution.

Judge Calls DA’s Conduct ‘Vexatious’ and ‘Not in Good Faith’

Judge Krause ruled that Willis' office must pay exactly $54,103.23 to the Merchant Law Firm, led by attorney Ashleigh Merchant. Merchant, who represents Trump’s Georgia co-defendant Michael Roman, alleged she faced deliberate obstruction when she began investigating Willis' romantic relationship with special prosecutor Nathan Wade.

Merchant had sought multiple records from the DA’s office, including nondisclosure agreements for employees, a roster of attorneys hired by Willis since taking office, and payment records related to outside legal counsel and promotional expenses. The court found that Willis' office failed to provide these materials, violating Georgia’s Open Records Act.

Krause’s ruling was unequivocal: the DA’s refusal to comply was “intentional, not done in good faith, and was substantially groundless and vexatious.” She further noted that Willis' office displayed “open hostility” toward Merchant, treating her requests differently from others by refusing standard phone communication.

Court Orders Immediate Compliance

As a result of these violations, Krause mandated that Willis' office pay attorney fees and litigation costs to Merchant’s firm, covering 78.7 hours of work by Ashleigh Merchant, 89.1 hours by her husband and fellow attorney John Merchant, and 65.4 hours of paralegal time. Additional expenses such as filing and service fees were also included.

Furthermore, the judge ordered that the withheld documents be handed over within 30 days, asserting that they are public records and not exempt from disclosure. To ensure full compliance, Willis' office must conduct comprehensive searches of all employee emails and office files and provide a detailed explanation of efforts made to locate the requested materials.

The judge also specified that the documents must be turned over “without redaction, alteration, deletion, or modification in any form,” except where necessary to protect sensitive information.

Fallout from Election Interference Case Continues

This ruling is the latest development in the Georgia election interference case, in which Willis indicted Trump and his allies in August 2021 for allegedly conspiring to overturn the state’s 2020 presidential election results. Merchant was the first to publicly accuse Willis of engaging in an improper relationship with Wade, a claim that triggered a multi-day court hearing and ultimately led to Willis' removal from the case.

Willis has since appealed to the Georgia Supreme Court, arguing that her removal was unwarranted, stating, “nothing connects the appearance of impropriety” regarding her relationship with Wade to any prosecutorial decisions.

Neither side immediately responded to requests for comment on Tuesday.

Legal Teams at the Center of the Clash

The Merchant Law Firm PC is represented by John B. Merchant III and Ashleigh B. Merchant of The Merchant Law Firm PC.

Fulton County, the Fulton County District Attorney's Office, and Willis are represented by Y. Soo Jo, Durante B. Partridge, Shalanda M.J. Miller, and Brad Bowman from the Office of the Fulton County Attorney.

With the court’s ruling in place, all eyes now turn to Willis and her office’s next move as the fallout from the high-stakes election case continues to unfold.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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