Georgia Insists Criminal Rules Should Cover Trump Fee Battle

The State of Georgia asked Fulton County Superior Court Judge Scott McAfee to reconsider his March 9 order holding that motions seeking more than $16 million in attorney fees under O.C.G.A. § 17-11-6 are special statutory proceedings governed by the Civil Practice Act. The state argued that Title 17 is unambiguously a criminal procedure code, that recognized special statutory proceedings are all civil in nature and draw their procedures from their own enabling statutes, and that importing civil rules would convert a criminal case into a civil action and return the parties to square one. The state also warned that the ruling would open the door to third-party intervention, and signaled its intention to challenge the constitutionality of the fee statute.

Firm involvement: Fulton County was represented by Richard Robbins, Chuck Boring, and Melanie L. Johnson.

Summarized from reporting by Kelcey Caulder, Law360, April 16, 2026. Read the full article