Fulton County District Attorney Fani Willis has been ordered to pay more than $54,000 in attorney fees for violating Georgia’s Open Records Act, according to court documents.

The dispute centers around the failure of Willis’ office to provide records requested by defense attorney Ashleigh Merchant, who represents Michael Roman, a former campaign and White House aide to President Donald Trump.

Roman was indicted alongside Trump in the Georgia election interference case, which was brought by Willis in 2023 and currently remains in limbo.

Fulton County District Attorney Fani Willis in court in Atlanta, Georgia, in March 2024.

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Why It Matters

Friday’s ruling marks another setback for Willis and her case against Trump.

In December, Willis was disqualified from prosecuting the case against Trump and 18 other co-defendants, accusing them of engaging in a conspiracy to overturn Joe Biden’s victory in Georgia in 2020. Trump has denied the accusations and accused Willis of mounting a politically motivated attack.

According to the Georgia Court of Appeals, the disqualification was necessary due to the “appearance of impropriety” created by Willis’ past relationship with Nathan Wade, a former special prosecutor on the case. He was forced to resign from the case in October.

Willis filed an appeal with the Georgia Supreme Court in January, arguing that the court was wrong to disqualify her “based solely upon an appearance of impropriety and absent a finding of an actual conflict of interest or forensic misconduct.”

Ashleigh Merchant
Attorney Ashleigh Merchant speaking in court in Atlanta, Georgia, in February 2024.

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What To Know

In the court order issued on Friday, the judge found that Willis’ office had been “openly hostile” to Merchant’s requests for documents, and that they were “handled differently than other requests.” The judge added that this indicated a “lack of good faith.”

Willis now has 30 days to hand over all the requested records and pay $54,264 to Merchant, based on nearly 80 hours of work on the case, according to the order.

Merchant previously accused Willis’ office of withholding key documents regarding the employment of Wade. She also sought records on how Willis’ office allocated public funds.

In response, Willis’ office accused Merchant Law Firm of attempting to “undermine” the prosecution.

Separately, the Georgia Senate passed a bill in early March that could allow Trump and his co-defendants to seek reimbursement for their legal expenses.

The legislation, approved unanimously, permits counties to cover attorneys’ fees and other legal costs in cases where a district attorney is disqualified due to misconduct, provided the case is dismissed.

What People Are Saying

Responding to the court order on Friday, attorney Ashleigh Merchant wrote on X, formerly Twitter: “Proud that we have judges willing to hold people in power accountable when they ignore the law!!!”

District Attorney Fani Willis wrote in her January appeal: “No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest.”

What Happens Next?

According to court documents, Willis now has one month to pay the $54,264 to Merchant. Willis must also hand over all relevant records within the same 30-day time period.

The future of the case, including whether Georgia’s Supreme Court will uphold Willis’ disqualification, still remains in limbo.

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