A legal proceeding was filed recently in Clarke County Superior Court seeking to have Western Circuit District Attorney Deborah Gonzalez held in contempt of court due to her alleged failure to release documents under the open records law.

Watkinsville attorney Kevin Epps continues to file motions in Superior Court to obtain evidence that he says will show a dereliction of duty by the district attorney.

Epps also contends in the motion that Gonzalez committed a felony by violating the open records law and has asked that an arrest warrant be issued for the violation or at a minimum the court should find her negligent and impose civil penalties.

As of Friday, judges have not scheduled hearings on the issues.

Related: Lawyer files motion seeking discovery in case against DA Gonzalez

More: DA Deborah Gonzalez offers apology; Athens police seek warrants in Marsy's Law case

Gonzalez, in her first term in office, sent word to the Athens Banner-Herald that she will have a response to Epps motions on Monday.

The new motions are attached to two legal filings already heard by Superior Court judges. A writ of mandamus was filed by Athens businessman Jarred Miller and a violation of the Georgia Crime Victim’s Rights known as Marsy’s Law was filed in connection with the dismissal of alleged sex crime charges against a defendant.

Hearings on both issues were held in May.

Gonzalez “confessed” to the writ of mandamus, a motion that orders her to comply with the statutory duties of her office. However, she appealed the writ and when it was denied in Superior Court, she filed an appeal to the Georgia Supreme Court.

During the Marsy’s Law hearing, Gonazlez admitted to the violation and issued a written apology to the victim. At that hearing, Norris ordered that documents sought by Epps through a subpoena be turned over to him. However, Epps says all of those documents have not been delivered, which violates the judge’s order.

The latest allegations against Gonzalez

In the new litigation, Epps contends that Gonzalez committed a felony crime regarding the documents.

A former assistant prosecutor, June Teasley, was told by Gonzalez to delete certain text messages between them, according to Epps’s motion.  The DA told Teasley she didn’t want medical leave information “in the newspapers” in the event of an open records request, according to the document.

“Rather than redact the records or claim an exemption, DA Gonzalez ordered the destruction of the records,” the motion reads.

“We believe it is evidence that needs to be presented to a judge showing that Ms. Gonzalez committed a felony offense under the open records act,” Epps said when contacted by the Banner-Herald.

The suit cites a law where an arrest warrant could be issued similar to one issued against a peace office. The document also says that at a minimum Gonzalez should be found negligent and civil penalties, such as a fine, imposed.

The suit is seeking documents for Miller that Epps contends will show the district attorney's failures in office, including the severe staff shortages, the staggering case load and a disregard for state law.

Epps said he requested documents from her office in two methods, through the subpoenas and open records.

“We wanted to make sure we had two shots at getting the information,” he said. Among the documents sought are interoffice correspondence, texts, letters and e-mails

Gonzalez will have 30 days to respond to the motion for contempt, which was filed on June 7.

“Both filings are a big deal, and the reason why, is both show a dereliction of duties of a public official and in this case, it is Ms. Gonzalez,” Epps said.

What led to the Marsy's Law violation

The Marsy’s Law issue involves a dismissal of rape and child molestation charges against Michael Lareco Daniel, 42, of Lawrenceville.  Currently, Daniel faces additional criminal charges, but the DA’s office has recused itself from prosecuting those charges.

Epps, who has been paying for documents already released under the open records, is also seeking attorneys’ fee and expenses.

Gonzalez has fought back on Epps' litigation.

“I fail to see how the request for the documents from our office, including email and text message correspondence containing the words and phrases 'Selma, Alabama, and Fair and Just Prosecution' are relevant to the case outcome,” she said earlier in a statement about the documents sought by the writ of mandamus.

This article originally appeared on Athens Banner-Herald: Lawyer charges DA Gonzalez with violating open records law