Georgia Supreme Court Blog

December 16, 2009

Georgia Supreme Court Vacates $100 Fine Against Unruly District Attorney

Filed under: attorneys, murder, prosecutors — Tags: , , — bce30064 @ 5:48 pm

The primary issue before Georgia Supreme Court in The State v. Murray was how to handle a contempt order against a prosecutor, Assistant District Attorney Linda Dunikoski, for improper conduct in murder case.  The majority concluded that the Court may assert jurisdiction over a seemingly collateral matter before final judgment because the contempt order was issued in a murder case. 

Fulton County ADA Linda Dunikoski

According to the opinion, on October 6, 2009, the trial court found Dunikoski in contempt of court rules regarding attorney conduct and decorum and ordered her to pay a $100 fine. Dunikoski did not pay the fine, apparently at the direction of the District Attorney, and the trial court also ordered that Dunikoski be taken into custody. In response to this order, the District Attorney’s office filed an emergency motion in the Georgia Supreme Court.

Majority Opinion: Thompson
Concurring Opinion: Carley
Dissenting Opinions: Hines, Melton and Nahmias

Full text of court opinion: The State v. Murray (S10M0390)


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