Two Georgia superior court judges on Tuesday recused themselves from presiding over the lawsuit filed by Gov. Brian Kemp (R) against Atlanta Mayor Keisha Lance Bottoms (D) over her city’s mask mandate.
The Atlanta Journal-Constitution reported that the first judge, Kelly Ellerbe, notified the state attorney general’s office and Bottom’s legal team that a discussion with an appellate judge about an opinion that could have bearing on the case necessitated her recusal.
Just hours later a second judge, Shawn Ellen LaGrua, recused herself after being assigned the case as well due to her previous work as an inspector general for Kemp during his time as secretary of state, the Journal-Constitution reported. She also said that she “has been and remains under consideration for gubernatorial appointments” by Kemp.
Kemp and Bottoms remain locked in a court battle over the mask mandate, which Bottoms put in place earlier this month requiring social distancing by Atlanta residents and the wearing of masks in public.
“3104 Georgians have died and I and my family are amongst the 106k who have tested positive for COVID-19. Meanwhile, I have been sued by @GovKemp for a mask mandate. A better use of tax payer money would be to expand testing and contact tracing,” the mayor wrote in a tweet last week.
Kemp and state Attorney General Chris Carr (R) have maintained that the lawsuit is aimed at protecting Georgia businesses. The state has seen rates of coronavirus infections spike in recent weeks, and has reported more than 145,000 cases. More than 3,100 people in Georgia have died from COVID-19 since the pandemic began.
“This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times,” Kemp said in a statement last week. “These men and women are doing their very best to put food on the table for their families while local elected officials shutter businesses and undermine economic growth.”