Georgia Judge Orders DA Fani Willis to Pay $21,578 Over Open Records Law Violations

A Georgia court has sharply criticized Fulton County District Attorney Fani Willis for repeatedly violating the state’s Open Records Act (ORA) and ordered her office to pay $21,578 in attorneys’ fees and costs. The ruling stems from a lawsuit filed by Judicial Watch, a conservative watchdog group after Willis’ office denied having documents related to communications with special counsel Jack Smith and the House January 6 Committee.

Fulton County Superior Court Judge Robert McBurney issued the ruling, accusing Willis and her office of failing to comply with the ORA and making false claims about the existence of certain records. Initially, Willis’ office denied having any responsive documents but later admitted that some existed after being pressed by court orders.

“By operation of law, Defendant acknowledged violating the ORA when she defaulted,” McBurney wrote. “Actual evidence proves the same: per her Records Custodian’s own admission, the District Attorney’s Office flatly ignored Plaintiff’s original ORA request, conducting no search and simply (and falsely) informing the County’s Open Records Custodian that no responsive records existed.”

In this memo, Defendant announced that there still were no records responsive to one set of Plaintiff’s requests (communications with former Special Counsel Jack Smith) but that there were in fact records responsive to Plaintiff’s second set of requests (communications with the United States House January 6th Committee) — but those were exempt from disclosure. Defendant, despite these reservations, did gamely attach to her memo a copy of the letter she wrote to the Chairman of the House Committee that (1) does not appear to be covered by any of the exemptions identified in the memo and (2) had already been identified by Plaintiff as a responsive record that was wrongly withheld.

The judge specifically highlighted a letter Willis wrote to the January 6 Committee chair, which Judicial Watch had obtained independently despite Willis’ initial denials of its existence. Only after being forced by the court did Willis provide the letter, along with an admission that her office had not conducted a proper search for records.

McBurney noted that even after the lawsuit was filed, there was no comprehensive effort to locate the requested documents. “Plaintiff’s deposition of Defendant’s Records Custodian shed some light on this mystery: he admitted that there was no search for records back in August 2023,” the order stated. “Just a ‘no, go away.’”

The court also criticized the DA’s office for its lack of diligence during litigation, observing that Willis’ team initially asked employees informally about responsive records rather than conducting a rigorous search of emails or case files.

Judicial Watch President Tom Fitton called the ruling a victory, stating, “Fani Willis flouted the law, and the court is right to slam her.” Willis has until January 16 to respond to a separate motion by Judicial Watch requesting a special master to review her office’s records.

Meanwhile, the ordered payment is due January 17. Judge McBurney emphasized the importance of compliance, stating, “The ORA is not hortatory; it is mandatory. Non-compliance has consequences.”