Gonzalez v Kemp Litigation

Gonzalez v Kemp Litigation


Status as of September 17, 2020:

The 11th Circuit certified the question of whether the 2018 law (which permits the cancellation of elections for District Attorneys in the State of GA) is in violation of the 1983 Georgia Constitution to the GA Supreme Court on August 11, 2020. Gov Kemp has filed for and was granted by the GA Supreme Court the expediting of the case. A hearing was held on September 15, 2020 at 10 am. As the 11th Circuit DID NOT STAY the order from the Federal District Court the election will be held for DA in the Western Judicial Circuit. 150K voters in Athens-Clarke and Oconee counties still have their election. We are waiting for a decision from the GA Supreme Court which can permit the election to go on, stop the election, or nullify the election results once the election is over.

To read the GA Supreme Court order expediting the case: https://bit.ly/3l5Ew3z

The Plaintiffs in the Gonzalez v Kemp Case: Deborah Gonzalez, Andrea Welnitz,
Adam Shirley, Linda Lloyd, and April Boyer Brown

To view a video summarizing the case up to the Sept hearing click here: https://www.facebook.com/JusticeWarriorsPAC/videos/3429844170370061/

To view a recording of the Attorney Debriefing after the Sept hearing click here: https://us02web.zoom.us/rec/share/uej5lwXMlROYrX3d6DqafoIfvsqTVD9DKJFjLRG49R0RbMVEl827zjV2bd6jreJL.AQZamlWyz65UuWAc

Passcode: 347!Bh%0

Deborah Gonzalez qualified to be on the ballot at the Secretary of State’s office on August 12, 2020 and she will be on the ballot for the November election. We wish Deborah Gonzalez success in her campaign. We need champions like her in office, who have proven their commitment to fight for the people, to bring needed criminal justice reform in the DA office.

To read the 11th Circuit Certification of the Question order: http://justicewarriorspac.com/wp-content/uploads/2020/08/20200811-CA-11-Opinion-and-Letter-to-Georgia-Supreme-Court.pdf

To read the GA Supreme Court Docket Schedule document: http://justicewarriorspac.com/wp-content/uploads/2020/08/20200812-Gonzalez-GaSCt-Docketing-Notice.pdf

ATLANTA and ATHENS, GA — Attorney Bruce P Brown has filed a lawsuit today (May 18, 2020) on behalf of his clients, Deborah Gonzalez, April Boyer Brown, Linda Lloyd, Adam Shirley and Andrea Wellnitz against Governor Brian Kemp and Secretary of State Brad Raffensberger for violation of their first amendment speech and association rights and voter rights under 42 U.S.C. §1983,and is requesting prospective injunctive relief, namely that an election for district attorney of the Western Judicial Circuit be held in November 2020.

Ken Mauldin, former Western Circuit District Attorney, which includes Athens-Clarke and Oconee Counties, resigned effective February 28, 2020, triggering the Governor’s appointment powers for the seat.  Due to a low-key change in legislation in 2018 (O.C.G.A. § 45-5-3.2(a), if the Governor makes the appointment within six months of a general election (in this scenario that would be May 3rd), the appointee does not have to face an election until the next general election which would be in 2022, leaving over 150,000 voters without any way to exercise their right to vote for this seat in 2020. The Governor did not make the appointment in time and triggered the 2018 law for the extended appointment period.

At the time of Mauldin’s resignation, there were two Democrats already campaigning for the seat, including Deborah Gonzalez, former state representative of HD117 (Athens). Gonzalez was running on a progressive platform of criminal justice reform and community engagement within the DA’s office. 

Former State Rep Gonzalez and the other plaintiffs argue that the 2018 law is unconstitutional, should be enjoined, and that the Secretary of State conduct an election for District Attorney in November 2020.

To view video of Ms. Gonzalez’s statement regarding the consequences of Mauldin’s resignation: https://youtu.be/iIgFXvg1Jp8  Link to Written Statement on Resignation: http://bit.ly/2H62Tvi.

To learn more about Deborah Gonzalez for DA, visit deborahforda.com.  To schedule an interview with Gonzalez, email deborah@deborahforda.com



“The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.”  Reynolds v. Sims, 377 U.S. 533, 555 (1964).  “Other rights, even the most basic, are illusory if the right to vote is undermined.” Wesberry v. Sanders, 376 U.S. 1, 17 (1964). 


“Candidacy for office is one of the ultimate forms of political expression in our society.”  Grizzle v.  Kemp, 634 F.3d 1314, 1322 (11th Cir. 2011) (quoting Morial v. Judiciary Comm’n of Louisiana, 565 F.2d 295, 301 (5th Cir.1977)). “The exclusion of candidates also burdens voters’ freedom of association, because an election campaign is an effective platform for the expression of views on the issues of the day, and a candidate serves as a rallying-point for like-minded citizens.” Anderson v. Celebrezze, 460 U.S. 780, 787 (1983).


“It is fundamentally unfair and constitutionally impermissible for public officials to disenfranchise voters in violation of state law so that they may fill the seats of government through the power of appointment.  We therefore hold that such action violates the due process guarantees of the fourteenth amendment.”  Duncan v. Poythress, 657 F.2d 691, 704 (5th Cir. 1981).  


Bruce Brown has represented plaintiffs and defendants in a variety of difficult cases, including: Leading national media companies in First Amendment litigation; Citizens and governments in civil rights cases in state and federal court; and Numerous appeals in the U.S. Courts of Appeals for the D.C. and Eleventh Circuits, the U.S. Supreme Court, the Georgia Supreme Court, and the Georgia Court of Appeal.

Links to Complaint, Motion for Preliminary Injunction, and other related documentation can be accessed from the Justice Warriors PAC home page and scroll down.