ATLANTA (CN) – Attorneys for Atlanta court officials are claiming immunity in a class action accusing the officials of working with LexisNexis to impose a mandatory, electronic filing system on the state bar in violation of Georgia’s constitution.
Steven Newton, who represents the plaintiffs, contends that filings in Fulton County State and Superior Courts, that are required to go through LexisNexis, can cost up to $11 per filing in cases where electronic filing is mandated by orders from Fulton County courts.
Fulton County Superior Court Chief Judge Doris Downs, named as a defendant in the case, is represented by the Michelle Hirsch of the Office of the Attorney General of Georgia while the remaining court officials and Fulton County are represented by Willie Lovett Jr. of the Office of the County Attorney. Lawyers for LexisNexis have yet to file a motion to dismiss the case.
Lovett said he originally asked for more time to respond to the complaint that was recently amended but filed the motions when Newton didn’t consent to more time.
In his motion, Lovett states that the claims against the court officials should be dismissed because they are “barred by the doctrines of judicial, qualified and official immunity and fail to articulate clearly what actions each individual defendant took to violate plaintiffs’ constitutional rights.”
Newton and the defending lawyers recently met with Judge William Duffey Jr. to set a proposed discovery scheduling order. All parties have to submit a proposed discovery scheduling order by Aug. 8.