Judge to Hear Oral Arguments on Gasaway’s Lawsuit Asking for Attorneys Fees

Senior Superior Court Judge David Sweat will hear arguments next month on whether newly elected State Representative Chris Erwin is liable for attorneys fees and court costs stemming from the December Special Primary lawsuit.

Judge Sweat has sent June 17th as the date to hear arguments in Banks County Superior Court.

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 and record request costs, and witness costs.

However, Erwin’s attorney Bryan Tyson is arguing that Gasaway did not meet the burden of proof with most of the witnesses he subpoena’d during the January hearing and is therefore not entitled attorneys 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 attorneys’ fees and costs expert, and exhibits relating to or summarizing the attorneys’ fees and costs they are seeking.