Transparency Lawsuit: Union Challenges Los Angeles District Attorney Gascón’s Office for Public Records

2024-02-02 02:14:26

Los Angeles County District Attorney George Gascon (Photo by Keith Birmingham, Pasadena Star-News/ SCNG)

The union representing Los Angeles County prosecutors is suing District Attorney George Gascón, alleging his office has refused to turn over public records related to controversial hires and the removal of inmates from death row.

The lawsuit, filed Wednesday, Jan. 31, asks a judge to force the District Attorney’s Office to comply with six public records requests made by the Association of Deputy District Attorneys since March 2021. The complaint states Gascón’s office either hasn’t responded or has cited exemptions that the union believes are “improper and nonexistent legal justifications to duck his mandated disclosure obligations.”

The ADDA, which represents nonsupervisory deputy district attorneys, announced the lawsuit with a jab at Gascón, who dodged a recall campaign in 2023 but is running for reelection this year. The union has been a fierce critic of Gascón since he took office and has legally challenged a several of his decisions.

“The public must be aware of George Gascón’s lack of transparency,” said Michele Hanisee, president of the ADDA, in a statement. “His calculated and persistent refusal to comply with California’s freedom of information law is one of the worst examples of that, but it’s not the only one. Voters deserve to know his entire record before they vote.”

Most of the contested records dealt with Gascón’s hiring of certain controversial figures, some of whom had ties to his political campaign. Among the requests, ADDA asked for “all records referencing the hiring of Tiffiny Blacknell, Alisa Blair and Shelan Joseph, including letters, justifications and budget requests.”

The employment of Blacknell, Blair and Joseph drew criticism in 2021 because all three were career employees of the Public Defender’s Office prior to the switch. Critics saw the hirings — particularly of Blacknell and Blair, who had posted messages viewed as “anti-police” on social media — as cronyism and an effort to stack the administration with progressive supporters.

Gascón promoted Blacknell to his chief of staff in December.

ADDA also sought records relating to the appointment of Lawrence Middleton as special prosecutor. Middleton, a defense attorney, was brought on specifically to review police misconduct cases. The request sought the details of Middleton’s pay and documents permitting Middleton to continue in private practice while serving in the appointed role.

The lawsuit alleges the District Attorney’s Office, in response to the requests, either provided overly redacted records, did not respond, or claimed compiling the records would be “unduly burdensome,” even for a request for documents created during a 12-day period.

Gascón’s office did not respond to a request for comment.

If the ADDA can convince a judge that the records requested should have been disclosed, the District Attorney’s Office will have to turn them over and could be forced to pay the union’s attorney fees.

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