NEWTON COUNTY, Ga. — Two defense attorneys in Newton County are alleging the sheriff’s office has committed repeated violations of the Georgia Open Records Act.
In a lawsuit filed in early June, attorneys John Strauss and Bret Dunn allege that Newton County Sheriff Ezell Brown and the Newton County Sheriff’s Office have engaged in a pattern of behavior that has restricted open and public access to records, without legal justification.
More specifically, Strauss and Dunn say that while the state’s laws provide that all public records are open for personal inspection and copying unless ordered by a court of law, the Newton County Sheriff’s Office has instead limited access without applicable legal exemptions.
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The attorneys say requests for records of initial incident reports and police arrest reports were not provided by records custodians from NCSO.
Instead, the attorneys said in their lawsuit that they were directed to contact the Newton County District Attorney’s Office instead, and the initial reports were not provided, nor was a timeline of production of records provided.
Under Georgia’s statutes, Strauss and Dunn say this action is not allowed under the law and so they advised NCSO that the Georgia Open Records Act does not allow for the withholding of initial reports by members of law enforcement.
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After again being referred to the DA’s office, Strauss and Dunn were forced to spend time and resources to get records required to be provided by law, according to the legal complaint.
The lawsuit says this is not the only way that NCSO regularly exercise security protocols that directly inhibit their abilities to perform their duties as defense counsel in Newton County.
While prosecuting attorneys are able to enter the courthouse through a private entrance, defense attorneys are instead required to go through the public entrance.
Similarly, while prosecuting attorneys are not required to go through the same visible security screenings as members of the general public, defense attorneys are.
Strauss and Dunn say this security process unfairly imposes a “disparate treatment” on defense attorneys, clients, potential clients, jurors and witnesses.
“It suggests that one side belongs and the other side is merely admitted,” in the courthouse, despite both prosecutors and defense attorneys attending activities there often or nearly every court day, Strauss and Dunn said in their lawsuit.
The defense attorneys say the withholding of records that are required to be public and the differences in security operations for entering the courthouse present a violation of the privilege and benefit of counsel under state law.
“A criminal courthouse must be secure,” the lawyers say in their complaint, not contesting that need. “But security cannot be administered in a manner that publicly marks the State’s advocate as trusted and the accused’s advocate as suspect.”
The lawyers said the difference in treatment breaches an appearance of fairness in the legal system.
To remedy the situation, Strauss and Dunn are asking the court to require equal security operations and procedures for defense counsel and prosecutors, as well as require the records be provided as directed by state law.
Channel 2 Action News requested comment from the Newton County Sheriff’s Office and is waiting for a response.
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