Local

Judge holds Fulton County commissioners in civil contempt for refusing to appoint two GOP nominees

Fulton County Senior Superior Court Judge David Emerson (Jonathan O'Brien/WSB Radio)

FULTON COUNTY, GA — A judge holds Fulton County Commissioners in civil contempt in their ongoing fight over controversial election board appointments.

“The court finds beyond a reasonable doubt that the Board of Commissioners has failed to comply with this court’s order,” Fulton County Senior Superior Court Judge David Emerson wrote in his ruling. “The court finds that it is appropriate to hold the Board in civil contempt.”

As part of the contempt order, the commission will now face a $10,000-per-day fine beginning on Friday at 12 p.m. until they appoint Julie Adams and Jason Frazier to the county’s election board.

Several Democratic members of the commission have been outspoken in their refusal to appoint Adams and Frazier. They point to what they see as questionable qualifications and their alleged election denialism.

Attorney Trey Oliver, who represents the Fulton County Republican Party, argued during an emergency hearing on Wednesday that the commission should be held in criminal and civil contempt for not following a previous court order. “These five commissioners would rather pander to their constituents than follow this court or any court’s order,” Oliver told the judge.

Don Samuel, the attorney representing the commissioners, pushed back, saying the members were exercising their discretion when they voted not to appoint Adams and Frazier. “When they were told to vote they weren’t told ‘and you can only vote one way,” Samuel argued.

However, in court on Wednesday, Judge Emerson argued that the law doesn’t grant the board discretion. “I didn’t see anywhere in that legislation that the commission was given veto power over the nominees,” Emerson said. “So that’s my concern. They don’t have veto power because of the law that applies to this.”

In his order, Emerson does not find the board in criminal contempt, but he said they have been “stubbornly litigious and acted in bad faith,” so he will award attorneys’ fees to the plaintiffs.

Jonathan O'Brien

Jonathan O'Brien

95.5 WSB News Anchor and Reporter



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