Cobb County Senior Judge Adele Grubbs ruled Monday that the law splitting Columbia County from the Augusta Judicial Circuit is constitutional, and the county can move forward in staffing its district attorney’s office and public defender’s office.
Grubbs rescinded her temporary restraining order against the state of Georgia and Gov. Brian Kemp, but did not strike down the TRO issued earlier by Judge Gayle Tuson which enjoined the three local counties from moving forward with the split. Tuson’s TRO expires on July 15.
MORE: Columbia County Judicial Split Halted For Now
Tuson was removed from the case in June over a conflict of interest, but her order remained in force.
On July 8, the Georgia Supreme Court set a deadline of July 12 for Grubbs to rule on the two main issues of the case, which involved the standing of the plaintiffs and the constitutionality of the law.
The plaintiff’s were local attorney Willie Saunders and activist group Black Votes Matter. Their legal standing became a moot point since Grubbs found that the law allowing for the split was constitutional and did not nullify anyone’s vote.
Saunders and Black Votes Matter claimed that Senate Bill 9, signed into law by Kemp effectively overruled voters who elected Jared Williams over incumbent Natalie Paine in the 2020 election.
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Saunders et. al, claimed that the split was retaliation for the 2020 election and that it violated the 1965 Voter Rights Act.
Williams is the first elected black district attorney for the former combined circuit, which was comprised of Richmond, Burke and Columbia Counties, prior to the law’s passing creating the Columbia County circuit.
Saunders’ attorney, Jack Long Sr., has vowed to appeal the decision; however, that does not prevent the governor’s appointee for district attorney, Bobby Christine, from being sworn in or his office from submitting cases to the new court.
MORE: Georgia Supreme Court Sets Deadline In Columbia County Judicial Split
The appeals process could take years unless the Georgia Supreme Court grants a special certiorari, which is unlikely given the court’s history of reluctance to interfere with home rule.
No official swearing-in date has been announced, but could come as early as Friday, July 16.
Christine has not offered any public comment as he was never a party to the lawsuit.
Scott Hudson is the Senior Reporter for The Augusta Press. Reach him at scott@theaugustapress.com.
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