Fulton County Chief Magistrate Cassandra Kirk (left) and Superior and Magistrate Court Clerk Cathelene "Tina" Robinson. (Photo: John Disney/ALM)

Fulton County Superior Court Clerk Cathelene "Tina" Robinson has fired back at a lawsuit filed by Fulton County Chief Magistrate Cassandra Kirk in a fight over court resources.

In a response and answer to Kirk's mandamus action Wednesday, Robinson argued there are no legal grounds for the chief magistrate's demands. Robinson added that, if Kirk doesn't like the arrangement, she should take it up with the county commission that appointed Robinson.

In a statement regarding the filing, Robinson described the litigation as "a black eye for the court, the county and the citizens that we were elected to serve."

But, she said, "I also understand that as an elected official, I cannot and will not act under the unreasonable demands of one person, especially when their vision does not align with what is best for all stakeholders."

Robinson said she was "deeply disappointed by the position that my colleague and I have found ourselves in and am saddened by the irrational course of action that she has taken" in filing the lawsuit.

In an emailed response Wednesday, Kirk countered that the lawsuit "is about Fulton County residents and court users having the most efficient experience possible in the busiest Magistrate Court in Georgia."

"Currently, the limited resources of the court, coupled with a non-compliant appointed clerk, present significant obstacles," she said. 

"Since 2017, I have attempted to increase innovation, efficiency and user accessibility," said Kirk. "Those efforts are being severely hampered by the appointed clerk and create adverse effects for those seeking remedy through the court. Fulton County deserves better."

When asked if she went to the Fulton County Commission about rescinding Robinson's appointment, Kirk said, "Short answer, yes."

Kirk's dissatisfaction with Robinson came to light nearly two years after Robinson assumed the duties—as well as more than $2.3 million in funding and staff that went with it—of magistrate court clerk in 2016.

But in April 2019, Kirk wrote Robinson a letter requesting that she relinquish all staff and resources associated with that court's clerical duties, along with a slate of other requests regarding staffing and other matters.

Kirk's letter cites state law giving a chief magistrate the authority to assign the court clerk's duties.

Kirk also sought and received permission for the county to hire outside legal counsel, telling the Daily Report at the time that she wanted assistance with the magistrate court's "consistent issue of being underfunded and short-staffed." 

According to Robinson's lawyer, George Lawson of Lawson & Thornton, there were two mediations, but Kirk and Robinson were unable to settle the dispute.

In November, Kirk filed a mandamus petition in Fulton Superior Court accusing Robinson of ignoring her written directions concerning the assignment of clerical staff, creation of a separate budget and "[r]emoving 'Superior Court Clerk' branding, logos  and references from all Magistrate Court Clerk's office signage," among others. 

The petition, filed by Bondurant Mixson & Elmore partner John Rains IV, said state law provides that Robinson's duties "exclusively consist of those assigned to her" by Kirk.

"Months have elapsed and [Robinson] has steadfastly refused to perform these duties," it said. 

Rains declined to discuss the case. 

The response Lawson filed on Robinson's behalf argued that Kirk has no supervisory authority because Robinson was appointed by the county commission and that the "alleged duties" the petition seeks to enforce are "not 'official' duties that are required" by law and thus not subject to enforcement by a writ of mandamus.  

Kirk "has another specific legal remedy: to wit, the Fulton County Board of Commissioners in the exercise of their authority can be petitioned to appoint a new chief clerk … who may then work under the supervision of the petitioner."

In an interview, Lawson said Kirk's demands "are not statutory things Tina has to do as clerk. Judge Kirk keeps citing the statute saying 'the duties of the clerk shall be assigned by the chief magistrate,' but we're saying that's not applicable unless she appointed the clerk.

"The other thing is, even if that were true, the duties she's talking about are discretionary, so [Kirk] can't tell her how to do them." 

The Fulton bench recused, and the case has been assigned to Cobb County Superior Court Senior Judge Grant Brantley.