Fulton County District Attorney Fani Willis is pushing back against efforts to appoint a special master to oversee document searches in response to repeated violations of Georgia’s Open Records Act.
In a recent court filing, Willis argues that the request by the conservative watchdog group Judicial Watch is “incredibly intrusive” and unsupported by state law.
Legal Dispute Over Open Records Compliance
The dispute centers on whether Willis’ office improperly withheld communications related to Special Counsel Jack Smith and the now-defunct House Select Committee on the Jan. 6 Capitol attack.
Judicial Watch filed suit after the Fulton County District Attorney’s Office denied having any such records, only to later acknowledge their existence following a court order by Fulton County Superior Court Judge Robert McBurney. The judge held Willis in default and ordered her office to produce the records or provide a valid legal justification for withholding them.
Earlier this month, McBurney also ordered the DA’s office to pay $21,578 in attorneys’ fees and costs to Judicial Watch.
Judicial Watch Seeks Special Master to Oversee Records Search
After Willis’ office was found in default, Judicial Watch requested the appointment of a special master—an independent third party—to conduct an in-depth review of the DA’s records. The group argues that the DA’s search efforts have been inadequate and that her office has failed to demonstrate due diligence in locating all responsive documents.
Judicial Watch’s motion, filed on Dec. 17, 2024, states:
“Based on her previous searches in this matter, it probably was not diligent. Likewise, she provided no list or even a general description regarding any responsive records she has elected to withhold. Without a list or description, it is impossible to evaluate what, if any, exemptions or exceptions are applicable.”
The group maintains that a special master should be empowered to audit searches, conduct independent reviews, and hire experts if necessary.
Willis Argues Special Master Appointment Is Unwarranted
In a court filing submitted Jan. 17, 2025, Willis urged the judge to reject the request, claiming that her office has complied with the court’s order and that Judicial Watch is demanding premature and excessive relief.
Willis’ motion states:
“Plaintiff’s request for in camera inspection of records that are attorney-client privileged and attorney work product is premature without the opportunity to first have an evidentiary hearing, and there is no provision for in camera review of documents withheld due to a pending investigation or prosecution of criminal or unlawful activity.”
She further argues that Georgia’s Open Records Act does not authorize the appointment of a special master and that such a move would be “unprecedented under the law.”
“Defendant vigorously objects to the appointment of a Special Master in this open records lawsuit because it is not a form of relief provided under the Open Records Act, it is unprecedented, and it is incredibly intrusive.”
Willis contends that appointing a special master could interfere with ongoing criminal prosecutions, particularly those related to the Trump RICO case in Georgia.
Legal and Political Ramifications
The legal battle over the records comes amid increasing scrutiny of Willis’ office, particularly as she leads the high-profile racketeering case against former President Donald Trump and his allies over alleged election interference in Georgia. The dispute could have implications for both transparency in government investigations and the limits of prosecutorial discretion in handling public records requests.
If the court sides with Judicial Watch, it could set a new precedent for judicial oversight in open records cases. If Willis prevails, it may reinforce the broad discretion prosecutors have in withholding documents tied to active investigations.
Judge McBurney has yet to rule on the special master request, but the case is likely to draw further legal challenges as both sides continue their fight over access to key documents.