Court Orders Fulton County DA to Pay Legal Fees Over Public Records Dispute
Fulton County District Attorney Fani Willis has been ordered by a Georgia judge to pay more than $54,000 in legal fees after her office was found to have violated the state’s Open Records Act. The case centered around a request for public documents made by defense attorney Ashleigh Merchant, which the court found was not handled appropriately by the DA’s office.
The dispute originated from a records request related to the ongoing Georgia election case. Merchant, who represents Michael Roman—a former campaign and White House aide—requested documentation connected to the investigation led by Willis. Roman is one of the individuals charged in a high-profile case surrounding the 2020 election, which remains unresolved.
According to the court order issued Friday, the DA’s office was found to have responded to the document requests in a manner that showed a “lack of good faith.” The judge noted that Merchant’s requests were met with “open hostility” and handled differently from others, raising concerns about fairness and transparency in how the public office responded.
As a result, the court ordered Willis’ office to pay $54,264, an amount that reflects nearly 80 hours of legal work carried out by Merchant and her team. The ruling also gives the DA’s office 30 days to turn over all the requested records.
The records in question include documentation related to the employment and compensation of Nathan Wade, who was previously brought in as a special prosecutor in the election case. Wade resigned from the role last year following scrutiny over his professional and personal ties with DA Willis. Questions surrounding the funding of outside services and the management of public resources were among the reasons Merchant sought additional records.
This ruling adds to a growing list of legal challenges that have impacted the election-related investigation. In December, a state appeals court determined that Willis should be removed from the prosecution due to what the court described as the “appearance of impropriety.” While there was no finding of direct misconduct, the court emphasized that maintaining public trust in the judicial process is essential and that even the appearance of a conflict can warrant disqualification.
Willis challenged that decision in January, filing an appeal with Georgia’s highest court. In her filing, she argued that the decision to remove her based solely on appearance, without proof of a conflict or misconduct, set a concerning precedent.
Meanwhile, the underlying case that includes multiple co-defendants remains active, though the leadership of the prosecution has shifted. The appeals court’s earlier ruling restricted Willis and her team from continuing in their previous roles related to the case.
In a separate legal matter, the Georgia Senate approved a bill earlier this year that may provide financial relief to defendants in cases where a district attorney is disqualified. If passed into law, the measure would allow counties to reimburse legal costs for defendants, but only in situations where the case is dismissed due to official misconduct. The legislation was introduced as part of a broader effort to ensure fairness in the judicial process and prevent the misuse of public office.
Attorney Ashleigh Merchant responded to the recent court decision on social media, expressing support for the outcome. “Proud that we have judges willing to hold people in power accountable when they ignore the law!” she wrote.
This is not the first legal challenge involving the DA’s office and public records. In an earlier ruling, a judge denied a motion to dismiss a separate lawsuit concerning open records tied to the election investigation. That case also involved concerns over how public funds were used, including allegations that taxpayer money may have been allocated to media monitoring services.
Although the judge allowed the lawsuit to proceed, Willis was not required to be named in a personal capacity and remains involved as the district attorney in her official role.
As these legal developments unfold, they reflect a broader conversation about the importance of transparency and accountability in public office. The recent court order reinforces Georgia’s commitment to upholding its open records laws and ensuring that public officials comply with standards designed to protect the public’s right to information.
While the legal proceedings are ongoing, the ruling sends a clear message that compliance with records laws is not optional and that courts are willing to enforce consequences when standards are not met.