Home Daily News Lawyers who pointed out judge's ex parte…

Trials & Litigation

Lawyers who pointed out judge's ex parte courtroom chat say fee for recordings just shot up

Last month, a husband-and-wife legal team created a stir by saying that a courtroom security tape showed a Georgia judge having an ex parte chat with prosecutors.

Getting that daylong video from the Cobb County sheriff’s office, pursuant to a public-records request, cost $5.

But since then, the sheriff’s office has upped the ante considerably, attorneys Ashleigh and John Merchant say. In response to a recent request, they were told the fee would be about $25 per recorded hour because of a need for the sheriff’s office to review the footage beforehand and address any security concerns, the Daily Report (sub. req.) explains.

The Merchants are challenging that fee in a lawsuit filed last week that alleges the county has violated the state Open Records Act.

With the help of the earlier recording, the firm is seeking a new trial for a client and has filed a recusal motion against the judge seen chatting with prosecutors.

Related coverage:

Atlanta Journal-Constitution: “Tale of the tape: Cobb judge too chummy with prosecutors?”

Daily Report (sub. req.): “Cobb County Judge Faces Recusal Motion Over Conversation With Prosecutors”

WXIA: “Surveillance video has some attorneys questioning judge’s fairness”