An accusation that the incumbent district attorney engaged in illegal campaigning has slung some mud in one of the races voters will decide Tuesday in five northeast Georgia counties.
In the primary election, Republican voters will choose the district attorney for the Northern Judicial Circuit, which comprises Madison, Oglethorpe, Franklin, Elbert and Hart counties. The winner of the primary — incumbent District Attorney Parks White or challenger Richard Campbell, an Elbert County attorney and former state court judge — wins the general election because the Democrats did not field a candidate.
The primary is one day before a judge in Hart County Superior Court will decide whether to issue a warrant against White on an accusation he illegally distributed a campaign photograph of himself posing with uniformed Hartwell city police officers. Under state law, it is illegal to use the likeness of a police department, or words purporting to represent the department, without approval of the agency’s governing authority.
White called the application for the arrest warrant “a publicity stunt” launched by criminal defense attorneys who seek to gain control of the DA’s office.
The campaign flyer at the heart of the controversy depicts White standing next to Hartwell Police Chief Anthony Davis. Both men are flanked by a group of uniformed Hartwell police officers, and the flyer contains a ringing endorsement by the police chief.
“I can’t imagine Georgia having a better DA than Parks White,” the police chief’s endorsement states. “Please join our fight against crime by voting to reelect Parks White.”
Two weeks ago, Danielsville criminal defense attorney Lane Fitzpatrick took out an ad in the Hartwell Sun newspaper claiming the photograph violated state law because White had not obtained permission to use it from the city of Hartwell.
White denied breaking any laws, and said permission was sought and obtained from Hartwell Mayor Brandon Johnson, though Johnson never brought the matter to the city council for its approval.
“I have not broken any laws,” White said. “This publicity stunt is gutter politics by criminal defense attorneys desperate to take control of the DA’s office.”
One week after Fitzpatrick placed the newspaper ad condemning White, on May 17, Hartwell resident Elizabeth Parsons filed an application for a warrant against White.
Parsons is represented by Fitzpatrick, White said.
The warrant application states: “(White) did not get permission from the city of Hartwell before the picture was made. The officers and chief of police are in uniform and in the picture they have (on) their city police patches and badges.’”
Though Parsons states in the warrant application that “I don’t know (White) personally,” she is related by marriage to someone who has been criminally investigated by White’s office.
According to the district attorney, Parsons is mother-in-law to the son of former Hart County Probate Court Judge Bob Smith. In 2014, Smith resigned amid a scandal that he allegedly fondled and kissed a woman against her will after she went to him seeking help with a parking ticket.
The former judge's resignation came one day before the state Judicial Qualifications Commission was to hold a hearing on whether there was enough evidence to remove Smith from the bench.
White said ethics rules prevented him from discussing the case against Smith because it remained a pending matter. Though it was presented to a grand jury that opted to not indict Smith, the jury also chose to not dismiss the case.
Bringing matters full circle, White said the former judge’s criminal defense attorney is Daniel Moore, who notarized the affidavits of two Hartwell city officials attesting the city council never received a request “for Parks White to use the city police officers’ badge, patch or uniforms in a political advertisement.” The affidavits were attached to Parson’s warrant application.
“This makes it clear that this is a tactic by defense attorneys,” White said. “This is mudslinging at its finest.”
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