Troy in the News – Legal Action Results in Removal of D.A. from Entire Court
Kathleen Baydala Joyner, Daily Report
November 13, 2014 | 0 Comments
The DeKalb County District Attorney's office will cease prosecuting cases in Recorders Court on Dec. 1.
The announcement came during a hearing Thursday and in a response brief filed Wednesday by the district attorney in a lawsuit challenging his legal authority to argue cases—mostly routine traffic violations—in Recorders Court.
Chief Assistant District Attorney Anna Green Cross told Superior Court Judge Courtney Johnson that her office's decision to withdraw was made "without consideration" of the legal challenge. But Cross did not give a reason why prosecutors with the DA's office will leave Recorders Court.
In June, a lawyer for a man accused of speeding began arguing that neither the state Constitution nor statutes granted the DA authority to prosecute misdemeanor offenses in Recorders Court. His challenge is the first since the DeKalb County Board of Commissioners issued a resolution in September 2012 handing the responsibility to the district attorney's office.
"I noticed what I believed to be unfair sentences handed down there. I thought it might be a byproduct of prosecutors who are normally trained to handle felonies and ask for serious time for serious crimes," said solo criminal defense lawyer Troy Hendrick. "The Stone Mountain [Circuit] DA's office does a fine job prosecuting seriously evil crimes in superior court. But there is probably a disconnect when the heavy-handedness of sentences for those types of crimes are applied to simple traffic offenses."
Hendrick's client, Kevin Lynch, has pleaded not guilty to a charge that he drove 85 mph in a 55-mph zone. Lynch's underlying criminal case was transferred to Decatur Municipal Court after all Recorders Court judges recused this summer following Hendrick's motion to bar prosecution. Meanwhile, the motions by Lynch's lawyer seeking declaratory judgment and mandamus were transferred to DeKalb Superior Court, where Thursday's hearing took place.
District Attorney Robert James began assigning prosecutors to Recorders Court in 2010 when he was county solicitor at the request of Recorders Court Chief Judge Nelly Withers. He continued the practice after he won the DA's race and took office in January 2011. Prior to 2010, law enforcement officers presented charges and Recorders Court judges served as judge and prosecutor.
But Hendrick argued in court that the county commission's resolution is not legal because it is superseded by state laws and constitution, which outline power granted to various offices. Rather than the DA, it is the county solicitor who has the ability to prosecute cases in Recorders Court, he said.
Cross told Judge Johnson during the hearing that the solicitor's office will assume prosecution in Recorders Court once the DA's office withdraws. However, Hendrick told the judge that he spoke to a representative of the solicitor's office who said that was not accurate.
"We are exploring a transition plan that would enable us to prosecute cases in Recorders Court," DeKalb Solicitor-General Sherry Boston's spokeswoman Terrie Clark said after the hearing Thursday. "We don't have a timeline or date yet."
Also during Thursday's hearing, Cross argued that Hendrick's requests for declaratory judgment and mandamus should be dismissed because he did not properly notify the state attorney general of his constitutional challenge and because his arguments are moot, given that the DA's office no longer will prosecute in Recorders Court after Dec. 1.
Hendrick argued there was no requirement for him to notify the attorney general because he is not challenging the constitutionality of any state law—rather is he is challenging the constitutionality of actions by James and his office.
"We can prove the district attorney's office supersedes the scope of its power without any statutory provision being challenged," he said.
Hendrick also responded that the case is not moot because the district attorney's office has not yet withdrawn.
"DeKalb County struggles with governmental lawfulness," Hendrick said. "This exercise of authority is beyond the scope of what the law allows and that has to stop at some point in order to stop the reputation of this county."
He added that unless DeKalb County Superior Court enjoins the DA's office "there is no reason they couldn't come back next summer or fall. The court needs to settle the misunderstanding of law by the other two branches of government."
Johnson appeared to agree with Hendrick.
"If someone actually believes this commission has the authority to usurp state statute … I see no reason to think it becomes moot on Dec. 1," she said.
Johnson also said the case could have "very far-reaching consequences."
"If I find the DA's office does not have the authority to prosecute cases in Recorders Court, does that not have an impact on all the convictions there since 2012?"
Johnson said she expects to issue an order next week.