The newly-appointed district attorney for the Columbia County Superior Court circuit will not be sworn in as expected on July 1 (today) as the temporary restraining order preventing the judicial split to move ahead has been extended at least until July 12.
A Cobb County Superior Court senior judge has ruled that the case involving the Columbia County judicial split can move forward. Judge Adele Grubbs, who was recently appointed to the case, deemed that both local attorney Willie Saunders and activist group Black Votes Matter do have the necessary standing before the court and over-ruled Gov. Kemp’s attorney’s plea for a dismissal.
Grubbs ruled to allow Black Votes Matter to join the case rather than have their case be tried separately.
MORE: Columbia County Judicial Split On Hold
The second issue before the court was whether anyone can sue the governor over an act of the legislature. As a representative of the government, Grubbs ruled that the governor can be a party to the suit for signing the bill, noting that the state of Georgia has been served and that it is now also a defendant in the case.
The governor’s legal team also argued unsuccessfully that Black Votes Matter does not actually represent anyone in Columbia County. According to Grubbs, under the Civil Rights Act of 1965, the group can file a suit on behalf of unnamed individuals as a group so long as it is proven that such a group exists in the jurisdiction.
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Grubbs also affirmed that Saunders has standing under the same law as he is black, a resident and a voter in Columbia County.
Saunders originally filed the case to prevent the split on the grounds that Jared Williams had been elected as district attorney by voters over the entire Augusta judicial circuit, which includes Richmond, Burke and Columbia counties. Saunders et. al v. Governor Brian Kemp, et. al claims that Senate Bill 9, which Kemp signed into law in the last days of the 2020-2021 legislative session, basically nullified the votes of everyone who supported Williams in the 2020 election in which he defeated incumbent Natalie Paine.
Jared Williams is the first black elected district attorney for the Augusta Judicial Circuit.
Saunders attorney, Jack Long Sr., said that evidence showed that Columbia County officials and state legislators hastily attempted to get a bill passed the moment Williams was elected, thereby nullifying the votes of those in Columbia County who voted for Williams.
“The legislature certainly has the power to divide circuits, but the Supreme Court of Georgia has a procedure that must be followed. Instead, this bill was hurriedly put together with no debate. It was just pushed through and it threw the voters who elected Jared (Williams) under the bus,” Long said.
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Long says that he voted for Paine in the 2020 election and that he holds her in high regard, but concedes that the majority of voters favored Williams and that the majority vote should be considered as part of the cornerstone of representative democracy.
“The legislature cannot just unelect someone by passing a bill. We have to give (Williams) a chance. He is the duly elected district attorney for the entire circuit. If he doesn’t do a good job, then he can be voted out,” Long said.
Grubbs appeared to agree, at least initially, on the merits of the case. Speaking from the bench, she noted that she has several reservations about the constitutionality of Senate Bill 9 which, according to former attorney and historian Hubert van Tuyll, is a signal that the case will not be settled any time soon.
MORE: Augusta Commission Approves Judicial Split, Gets ‘Clean’ Audit
“No matter who wins or loses, an appeal will be filed and I would say that the case is definitely going to go before the Georgia Supreme Court,” van Tuyll said.
Grubbs, who is a native of England with a law degree from the University of Manchester and has been practicing American law since 1969, took a decidedly common law approach to the Wednesday hearing as the lawyers began somewhat heated motions before the court.
“I know all of you are passionate about this case. You can discard the passion. I am here to get the facts,” Grubbs said.
Scott Hudson is a Senior Reporter at The Augusta Press. Reach him at scott@theaugustapress.com.
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