However Kimberly Dymecki, president of the Georgia Affiliation of Legal Protection Legal professionals and a Gwinnett County legal professional, stated Whiteside’s rationale is flawed.
“It makes him seem as if he’s involved in regards to the rights of defendants,” she stated. “Defendants have their very own attorneys representing their rights. This petition isn’t defending the rights of people who find themselves accused of crimes.”
Dymecki stated state legislation provides defendants the chance to ask instances to be moved from Recorder’s Court docket to a better court docket, however not prosecutors. She stated if Whiteside moved all DUI instances to State Court docket, as he intends, it could overwhelm a court docket system that’s already backlogged due to the pandemic.
She known as the writ of mandamus Whiteside filed “fairly excessive.”
“It seems to me this stems from the prosecutor not wanting sure instances to be heard by judges in Recorder’s Court docket,” she stated. “It’s not the suitable automobile to get what he needs.”
Jeff West, the clerk of Recorder’s Court docket, stated such instances weren’t commonplace.
He stated the Recorder’s Court docket features to quickly transfer by instances. Judges Kathrine Armstrong and Wesley Individual, who have been named within the lawsuit, wouldn’t discuss it, West stated.
Nobody within the county legislation division returned a name looking for touch upon the case.
Within the go well with, Whiteside stated Armstrong and Individual are persevering with to conduct hearings and situation rulings on DUI instances, and have refused to signal documentation that might transfer the issues to State Court docket.
“That is actually one thing that’s unbelievable to me,” he stated.
The lawsuit says 30 requests to switch instances to State Court docket had not been signed; West couldn’t affirm that quantity.
He did say that of 748 DUI instances up to now in 2021, 267 had been despatched to State Court docket, 35% of all instances. In 2020, 40% of DUI instances have been despatched to State Court docket, whereas that quantity was 38% in 2019 and 35% in 2018.
Whiteside stated he would nonetheless let individuals plead responsible or nolo contendere to DUI costs in Recorder’s Court docket. However Christine Koehler, a Gwinnett prison protection legal professional, stated that might punish individuals who wished to contest the costs.
Not solely that, she stated, however shifting these instances to State Court docket would delay different instances which might be ready to maneuver ahead there. She stated at the very least two attorneys had requested their shoppers’ instances keep in Recorder’s Court docket, the place they’d be heard extra rapidly.
The case was “not applicable,” Koehler stated.
“This is sort of a choose recusal movement on steroids,” Koehler stated. “That is primarily a lawsuit saying, ‘You’re not doing all of your job and one other choose has to let you know what to do.’”