Erik Burton, a spokesman for District Attorney Robert James, said Wednesday the office had no comment.
The legal wrangling stems from a report prepared by a special purpose grand jury that looked into possible corruption in county water and sewer contracts.
The report has remained under seal since Scott issued an order to allow lawyers for DeKalb CEO Burrell Ellis and consultant Kevin Ross to view the report before it is published. DeKalb investigators have searched both men’s offices and homes looking for evidence of corruption, warrants said. Ellis and Ross have not been charged and deny any wrongdoing.
Scott ruled that the lawyers could view the report to give them the opportunity to ask for any inappropriate passages to be redacted before the report is made public.
The DA’s office appealed Scott’s ruling to the Court of Appeals, which declined to hear it. The office is now asking the Georgia Supreme Court to strike down Scott’s decision.
In March, members of the special grand jury, represented by the DA’s office, sued Scott, contending he should make the report public.
Before filing suit, grand jury foreman Albert Trujillo and secretary Catherine Scheffer wrote Scott and reminded the judge they had given up a year of their time to serve on the grand jury.
“We made recommendations for the betterment of DeKalb County and believe that this information needs to be made public without delay,” they wrote.
The subpoena served on Scott this week seeks his testimony Friday before Superior Court Judge Dan Coursey, who was assigned the grand jurors’ case.
Scott should not be required to testify, said the motion filed by his lawyer. “Judge Scott may not be questioned about the mental processes he employed in supervising the (special purpose grand jury’s) investigation.”