Georgia’s top court declines to hear Fani Willis appeal

(The Center Square) – The Supreme Court of Georgia declined to hear the appeal of Fulton County District Attorney Fani Willis, which effectively disqualifies her from prosecuting President Donald Trump and others in an election interference case.

The Court of Appeals upheld a lower court ruling that disqualified Willis due to her relationship with the chief prosecutor in the case. Willis filed charges against Trump and others, accusing them of trying to interfere with the 2020 presidential election and appointed Nathan Wade as chief prosecutor. Willis and Wade were involved in a personal relationship, according to court testimony.

Trump and others sued to disqualify Willis based on that relationship.

Justice Andrew Pinson wrote the majority opinion. He said the issue was unlikely to arise again in future cases.

“Thus, even if one believes that the Court of Appeals erred in reaching that decision, granting review to answer that question would be mere error correction, and this Court generally does not exercise our certiorari jurisdiction merely to correct errors that do not have some broader impact on Georgia law,” Pinson said.

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Justice Carla Wong McMillian disagreed.

“I would grant certiorari because the legal issue necessarily presented here – whether an attorney can be disqualified based on the appearance of impropriety alone – affects every single active lawyer in the State of Georgia, the Court of Appeals’s decisions are in conflict on this point, our Court’s precedent warrants reconsideration, and the issue is likely to recur,” McMillian wrote in the dissenting opinion.

Justices Charles Bethel, Shawn Ellen LaGrua and Sarah Hawkins Warren sided with the majority. Justices John Ellington and Verda Colvin sided with McMillian. Chief Justice Nels Peterson did not participate in the decision. Justice Benjamin Land was disqualified, according to the court record.

Georgia Republicans praised the decision.

“End the witch hunt,” U.S. Rep. Mike Collins said.

On social media, Lt. Gov. Burt Jones wrote, “The Supreme Court just shut Fani Willis down. Her political circus is over. She came after myself, President Trump and all of our conservative values, and has now lost – twice. Georgia deserves better than a DA who weaponizes the justice system for her own political gain.”

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Willis told WSB-TV that she disagreed with the court.

“While I disagree with the decision of the Georgia Court of Appeals and the Georgia Supreme Court’s divided decision not to review it, I respect the legal process and the courts. Accordingly, my office will make the case file and evidence available to the Prosecuting Attorneys Council for use in the ongoing litigation.”

The Center Square was unsuccessful before publication getting comment from the Prosecuting Attorney’s Council of Georgia.

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