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Georgia Sheriff Offers Requested Documents After Legal Action Initiated
Georgia attorney Bruce Millar appealed a 1999 state court denial of his motion for an injunction which would require document production for use in his client's federal suit. The court affirmed the denial because Millar was offered the documents after filing the injunction.
Millar represented Charles Ward in a federal suit for alleged civil rights violations against the Fayette County Sheriff's Office and the County itself (County). The documents Millar requested were denied because the County claimed that he could obtain them through the discovery process in his federal action. The documents were requested directly from the County and not their attorney. After the complaint was filed the County offered the requested documents. Millar would not drop the complaint unless the County agreed that his failure to request the documents through their attorney did not violate any ethical standards. The trial court denied his motion as moot because the documents were already offered to him and held that he violated standard 47 of the Rules of the State Bar of Georgia.
On appeal, the Appellate court affirmed the denial but ruled that they lacked the jurisdiction to rule on attorney discipline because the infraction occurred involving a federal suit. See: Millar v. Fayette County Sheriff's Department, 241 Ga. App. 659, 527 S.E.2d 270 (1999).
Millar represented Charles Ward in a federal suit for alleged civil rights violations against the Fayette County Sheriff's Office and the County itself (County). The documents Millar requested were denied because the County claimed that he could obtain them through the discovery process in his federal action. The documents were requested directly from the County and not their attorney. After the complaint was filed the County offered the requested documents. Millar would not drop the complaint unless the County agreed that his failure to request the documents through their attorney did not violate any ethical standards. The trial court denied his motion as moot because the documents were already offered to him and held that he violated standard 47 of the Rules of the State Bar of Georgia.
On appeal, the Appellate court affirmed the denial but ruled that they lacked the jurisdiction to rule on attorney discipline because the infraction occurred involving a federal suit. See: Millar v. Fayette County Sheriff's Department, 241 Ga. App. 659, 527 S.E.2d 270 (1999).
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Related legal case
Millar v. Fayette County Sheriff's Department
| Year | 1999 |
|---|---|
| Cite | 241 Ga. App. 659, 527 S.E.2d 270 (1999) |
| Level | State Court of Appeals |
| Injunction Status | N/A |