GWINNETT COUNTY, Ga. — The Gwinnett County Solicitor General, who prosecutes misdemeanor criminal cases, has been accused of illegally obstructing justice for suspending in-person court services because of the recent surge in COVID-19 cases.

“The judges keep the court open, not the solicitor general. The solicitor general needs to come to court and do his duties,” attorney Walt Britt said.

Britt represents Gwinnett State Court Judge Rhonda Colvin Leary.

The judge signed a contempt petition against Gwinnett Solicitor General Brian Whiteside and several staff members for failing to show up for court cases on Jan. 3.

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The lawyer said a number of defendants and courtroom employees were left in limbo as a result of the absence.

“They (the defendants) showed up for court. And nobody else made the effort to notify the defendants. So these people took off of work, had to get baby sitters. I don’t know what they had to do, but they came to court and the Solicitor General and none of this staff came to court,” Britt said.

The lawyer said the no show by the solicitor’s office not only affected the defendants and other court employees, but judges, who had to fill legal holes.

“They canceled the Spanish interpreter that day, and the judge had to get a Spanish interpreter to continue what she had to do,” Britt said.

On Dec. 31, the solicitor’s office said it would temporarily close due to an increased COVID-19 infection rate. “As a result, there would be no in-person State Court beginning Jan. 3, 2022 through Jan. 20, 2022.”

“They don’t have the authority to do that. They never communicated with the court. Never got the authority of any judge in Gwinnett State Court, so we have moved to hold each individual involved held in contempt of court,” Britt said.

Another judge will review the petition and decide whether the Solicitor General should be held in contempt of court, which can result in jail time and fines.

The Solicitor General has not responded to a request for comment on the contempt petition.

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