Judge Sweat to hear arguments today in Gasaway’s case asking Erwin to pay attorney fees and court costs

Senior Superior Court Judge David Sweat will begin hearing arguments, today in Banks County Superior Court, on whether newly elected State Representative Chris Erwin is liable for attorney fees and court costs stemming from the December Special Primary lawsuit.

Attorney for Dan Gasaway, Jake Evens, is seeking over $107-thousand dollars in attorney fees and court costs against Erwin and the Boards of Elections in Habersham and Banks Counties.

Evans is also seeking an additional $12,341 to cover witness mileage, subpoena fees, open record request costs, and witness costs.

However, Erwin’s attorney Bryan Tyson has argued that Gasaway did not meet the burden of proof with most of the witnesses he subpoenaed, during the January hearing, and is therefore not entitled to attorney fees, or is only entitled to a portion of what Evans is asking for.

In January, Judge Sweat ruled there was enough evidence of illegal or improper voting in Habersham County to warrant a third Special Primary.

That election was held April 9 and Erwin won all three counties by a landslide.

Evans said Gasaway will be prepared to offer evidence, including three witnesses, one of which will be proffered as an attorney fees and costs expert, and exhibits relating to or summarizing the attorney fees and costs they are seeking.