A temporary restraining order has been issued in the case filed by local attorney Willie Saunders to prevent Columbia County from splitting from the Augusta judicial circuit as lawyers are questioning whether or not the current judge in the case should recuse herself.
Senior judge Gail S. Tusan issued the order to halt proceedings for 30 days or until a decision is made as to whether she should remain on the bench during the case. Columbia County’s attorney, Barry Fleming, has questioned her ties to an assistant attorney general, Russell Willard, who is currently representing the state in the suit.
According to attorneys involved in the case, Willard is currently representing Tusan in an unrelated legal matter and that might make her ineligible to continue hearing the case.
The fear is, according to attorneys, that no matter the outcome of the current case, Tusan’s fitness could come into play should the case be appealed.
A separate judge will have to be consulted to determine if Tusan should continue to preside over the case or pass it along to another senior judge.
MORE: Judicial Split is Complete
Governor Brian Kemp signed into law a bill creating the Columbia County circuit earlier this year and former U.S. Attorney Bobby Christine was appointed as acting district attorney for Columbia County.
Shortly after Kemp signed Senate Bill 9, a lawsuit was filed by Columbia County attorney Willie Saunders who unsuccessfully ran for Superior Court Judge positions in 2006 and 2012. Saunders is also a former juvenile judge in Columbia County.
Saunders’ suit contends that the law allowing Columbia County to split from the circuit that includes Burke and Richmond Counties violates the 1965 Voting Rights Act and presents a “disservice” to residents of all three counties.
According to Sauders’ suit, the creation of a Columbia County circuit nullifies the votes of residents of Columbia County who voted for Democrat candidate Jared Williams in the 2020 election, in which Williams defeated incumbent District Attorney Natalie Paine. Williams is the first African-American elected District Attorney in the combined circuit’s nearly 150-year history.
Activist group, Black Votes Matter, an offshoot of Black Lives Matter, has asked to join the suit to prevent the Columbia County circuit from moving forward, but they will have to prove standing later, after the recusal issue is resolved.
Monday’s action basically grinds to a halt the work being done already to staff the new Columbia County District Attorney’s Office and attorneys are still attempting to determine what aspects of the office must cease. The judge’s temporary restraining order in the case only has jurisdiction over counties, not the state itself and portions of the new office are state funded.
The temporary restraining order calls for a 30 day moratorium unless the recusal matter can be settled earlier.
Scott Hudson is the Editorial Page Editor of The Augusta Press. Reach him at scott@theaugustapress.com
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