2 judges in lawsuit over Atlanta mask rule recuse themselves

[Nevilledog]

https://abcnews.go.com/Health/wireStory/judge-lawsuit-atlanta-coronavirus-mask-rule-recuses-71895617

ATLANTA -- After one judge recused herself at the state's request from hearing a lawsuit filed by Georgia's governor over measures taken by Atlanta in response to the COVID-19 pandemic, a second stepped aside because she used to work for the governor.

Atlanta is among at least 15 local jurisdictions statewide that has ordered people to wear masks in many public places to prevent the spread of the coronavirus. In a lawsuit filed last week against Atlanta Mayor Keisha Lance Bottoms and the members of the City Council, Georgia Gov. Brian Kemp argues that local leaders do not have the authority to impose measures that are more or less restrictive than those in his executive orders.

Fulton County Superior Court Judge Kelly Ellerbe had scheduled a hearing for 11 a.m. Tuesday on an emergency motion in the case. But in an order filed less than two hours before it was to begin, Ellerbe said she was recusing herself after consulting with the lawyers in the case by telephone conference and email.

An email exchange attached to Ellerbe's recusal order indicates the judge made a disclosure to the lawyers for both sides Monday afternoon that prompted the state to ask her to recuse.

“This particular case has drawn significant attention at the state and national level, and therefore, we believe for all parties concerned, that even any potential perception of impropriety could be problematic,” Deputy Attorney General Julie Jacobs wrote in an email Tuesday morning.

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