A Fulton County judge rules that a governor-appointed committee set up to investigate the indecency arrest of DeKalb County's sheriff can move forward.

Attorney Noah Pines filed a lawsuit on behalf of Sheriff Jeffrey Mann for a writ of prohibition to block the committee, arguing that the panel is exceeding its lawful authority. Pines insists that the statute used to set up the committee doesn't apply to Mann's case, because he was charged with ordinance violations in Atlanta, and not crimes as defined by state law.

Mann was charged with indecency and obstruction on May 6, after police say he exposed himself to a policeman in Piedmont Park, then ran from the arresting officer.

"The committee can't investigate Sheriff Mann for that. They don't have the authority," argued Pines. "If he was charged with a misdemeanor, I wouldn't be here. But he wasn't charged with a misdemeanor, he was charged with an ordinance violation."

Georgia Assistant Attorney General Rebecca Dobras disagreed, saying the accusations are "concerning" for DeKalb County's highest law enforcement officer.

"He was arrested for exposing himself and masturbating in public, and then fleeing another police officer when he was told to stop," Dobras countered. "These are criminal in nature. He could face imprisonment with these charges."

Pines also contended that the committee is "quasi-judicial" and has too much power in its ability to interview people and make a recommendation on suspension to Governor Nathan Deal. Pines argued over the statute's reference to misconduct in office and incapacity to function in office.

"It would make sense that misconduct in office means something you've done in your office," said Pines. "I don't mean literally in your office, but in your official capacity as sheriff. He's letting people out of jail, he's charging more money for bond, he's charging them for food--something that violates his duties in office, not something that happened outside his office not in his official capacity."

Dobras argued that the committee's recommendation to the governor on whether or not Mann should be suspended is not binding, and that the only thing required to allow the investigation are allegations--not actual criminal charges--yet certainly the accusations he's facing amount to something "alleged" in Mann's case.

"This is just an investigation," Dobras said. "It's to find out more. What's going on with Sheriff Mann? Can he perform his duties as a sheriff?"

Fulton County Superior Court Judge Eric Dunaway ruled that a writ of prohibition is not appropriate. Dunaway agreed that the committee is only investigative in nature, and pointed out that any recommendation to Gov. Deal is non-binding.

The committee is scheduled to meet on Thursday, June 1, and to make a recommendation to the governor by June 16.

Esther Panitch, Channel 2 Action News legal analyst, tells WSB Radio that depending on the result of the investigation, Mann may have looked a gift horse in the mouth.

"All of this would've been avoided had the City of Atlanta sent this prosecution of this case to State Court of Fulton County," says Panitch. "At that point, it would have been charged as a crime--as it usually is--and not as an ordinance violation. We didn't have to be here.

"It seems like the City of Atlanta was trying to do as little damage to Sheriff Mann as possible by issuing an ordinance violation to begin with," Panitch continues. "The problem is, he didn't take it as a gift. He took it as an opportunity to fight back."

Mann sent his staff a memo last week telling them that he was suspending himself for conduct unbecoming for one week ending June 4, and donating a week's salary to charity.

"I will continue to vigorously defend myself as it relates to the charges," Mann's memo read in part. "However, the mere fact of placing myself in a position to be arrested is sufficient reason for this self-imposed discipline. I cannot, in good faith, fail to take responsibility for the negative and unwanted criticism brought to this great agency and the County, and I apologize to each of you. You deserve a leader who takes responsibility for his actions."

Court records indicate Mann's case is set to be handled in Atlanta Municipal Court on Friday, June 2.