Cobb County DA Takes Legal Action Against County Over Pension Dispute
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DA Sues Over Pension and Supplemental Pay
COBB COUNTY, Ga. — Cobb County District Attorney Sonya Allen has taken the unusual step of suing the county she represents, seeking both her retirement pension and supplemental payments she claims are owed to her. The lawsuit, filed in early 2025, centers on whether Allen is a state employee or a county employee for purposes of her benefits.
Allen, who began her career with the Cobb County Sheriff’s Office in 1992, became fully vested in her pension by 1999. After retiring from the sheriff’s office in 2021, she was elected Cobb County District Attorney in 2024 and assumed office in January 2025. Shortly thereafter, the county suspended her pension, asserting that she had been “rehired” as a county employee by accepting the DA role.
Allen’s attorneys, led by former Georgia Governor Roy Barnes, argue that as a constitutional officer, Allen is a state employee under the Georgia Constitution and therefore entitled to her pension. “She’s a state employee under the Constitution, just like every superior court judge and every district attorney in Georgia,” Barnes said during Thursday’s hearing.
State Salary vs. County Supplements
According to the Georgia Prosecuting Attorneys Council (PAC), all 51 district attorneys in Georgia receive the same base salary from the state, currently $138,473. “The law allows counties to supplement their DAs with additional payments based on factors such as the size of the circuit and the responsibilities of the office,” said Pete Skandalakis, PAC executive director. “These supplements are entirely at the discretion of the counties and are added on top of the state salary.”
Skandalakis noted that Georgia’s district attorneys are among the lowest-paid in the Southeast, emphasizing that DAs are constitutional officers and state employees, elected by the public. “A district attorney is paid by the state through PAC after appropriations are made by Georgia,” he said.
The lawsuit also addresses supplemental payments the county provides to district attorneys. While the state sets a base salary of $138,473 for all DAs, counties may offer additional pay based on the size of the circuit and other factors. The county has withheld these supplemental payments, citing procedural requirements that Allen submit paperwork classifying her as a county employee — a designation she disputes.
Representing the county, former Georgia Supreme Court Chief Justice Harold Melton contends that the county has the legal authority to suspend benefits under provisions added to the retirement plan in 2000, after Allen had already vested. “She was hired in 1992, vested in 1999, but the suspension provision was enacted in January 2000,” Melton explained. He added that supplemental payments could begin once Allen completes required forms for tax and accounting purposes, though the county offered a compromise allowing her to indicate her title as “district attorney” rather than “county employee.”
Judge William McClain presided over Thursday’s hearing and asked both sides to gather additional information over the next 10 days. A final decision on whether Allen will receive her pension and supplemental payments is expected after the court reviews the submitted information.
The case has drawn attention in Cobb County, with residents weighing in on the unusual situation. “I wouldn’t be upset at the district attorney for suing for what’s rightfully hers, if it is,” said local resident Scott Keenliside.
District attorneys in Georgia are constitutional officers paid by the state, with counties providing supplements at their discretion. The outcome of Allen’s lawsuit could clarify the legal relationship between county supplements, pensions, and state constitutional officers, potentially affecting other DAs in Georgia.
