John Monroe Garners Another Supreme Court Win
September 19, 2023 -- Today, the Supreme Court of Georgia handed another victory to a client of John Monroe Law, P.C. In the case, the client had been denied a Georgia weapons carry license ("GWL") on the grounds that he lacked "good moral character" because of arrests for which he had never been convicted. After a hearing with the probate judge, at which the client testified and the probate judge had an opportunity to ask questions, the probate judge affirmed his decision. The client sued in superior court and obtained a court order requiring issuance of the GWL. When the client sought an award of attorney's fees, as permitted by statute, the superior court ruled the fee-shifting statute is unconstitutional and violates "sovereign immunity."
The Supreme Court reversed, saying sovereign immunity has been waived and fee-shifting is constitutional. The Court also ruled that processing a GWL application is not a "judicial function," which is necessary for an application of judicial immunity. The case now returns to the superior court for an award of attorney's fees. John Monroe argued the case before the Supreme Court in May 2023.