The Georgia Court of Appeals will not consider a public defender's request to withdraw from the Atlanta Public Schools test-cheating appeal.

Attorney Stephen Scarborough was hired by the public defender's office to represent six former educators as they seek a new trial in Fulton County Superior Court after being convicted of racketeering in 2015.

After working on the appeal for two and a half years, Scarborough recently asked to withdraw from the case, saying it was a conflict of interest for the same attorney to represent all six defendants. Fulton County Superior Court Judge Jerry Baxter denied his request last month, and Scarborough asked the appeals court to review that decision.

On Wednesday, the appeals court issued an order declining to consider the attorney’s conflict-of-interest issue.

Prosecutors had argued against Scarborough's withdrawal and said at an August hearing that the request was an attempt to delay the case.

The defense has a 10-day window to ask the appeals court to reconsider or ask the Supreme Court of Georgia to review the issue.

About the Author

Keep Reading

Jack Rumpf, an incoming first-year from Athens, fist-bumps Buzz, Georgia Tech’s mascot, while entering the Campus Recreation Center Parking Deck to check in for move-in on Georgia Tech's campus in Atlanta on Saturday, August 10, 2024. (Seeger Gray / AJC)

Credit: Seeger Gray / AJC

Featured

People join a rally in support for U.S. Centers for Disease Control and Prevention employees on Tuesday afternoon, April 1, 2025, at the Atlanta headquarters after federal cuts triggered significant layoffs. (Photo: Jenni Girtman for The Atlanta Journal-Constitution)

Credit: Jenni Girtman