by: Richard Elliot Updated:
DEKALB COUNTY, Ga. - A DeKalb County Superior Court judge is upset the district attorney's office served him with a subpoena while he was involved with jury selection in his own courtroom.
Judge Mark Anthony Scott is asking another judge not only to toss out that subpoena, but to grant him a protective order preventing the DA's office from doing it again.
This all stems from Scott's refusal to release the Special Purpose Grand Jury's investigative report on allegations of government corruption in DeKalb County. That investigation extended to include DeKalb CEO Burrell Ellis. Investigators raided Ellis' home and office last January and seized potential evidence.
Grand jury members and the DA's office want the report released, and will get a hearing Friday in front of Judge Dan Coursey. Coursey could order the release of the report.
The DA's office wants Scott to testify at the hearing as to why he is reluctant to release it. According to court documents, the DA's office served Scott the subpoena as he sat in court on a different case and helped to select a jury.
Through his attorney, Scott filed his own motion with Coursey stating the way he was served was "highly unprofessional and unbecoming and intentionally undignified and harassing."
He went on to ask for a protective order to "prevent the Petitioners from repeating what they did here: harass and vex Judge Scott in an intentionally humiliating way."
His motion goes on to explain why he does not believe he has to testify at Friday's hearing.
In addition, Scott is asking for legal fees from the DA's office and the
grand jury foreman and secretary to cover the costs of filing the motion.
"I've been practicing close to 25 years, and I don't think I've ever recalled a situation in which a judge was served a subpoena while conducting court, much less in the middle of jury selection," said former DeKalb County District Attorney Jeff Brickman. "It's a continuing saga. It's sad, and it's troubling. I hope that it gets resolved quickly."
Neither the DA's office nor the grand jury members had any comment on the motion.