On July 8, 2011 The Law Offices of Eric A. Ballinger challenged the City of Canton Professional Occupation Tax as it is applied to lawyers.  In a hearing before the Honorable Thomas A. Roach, Jr. in Municipal Court, attorney John Early argued that the Occupational Tax constitutes an a precondition on the practice of law which is prohibited by the Constitution of the State of Georgia.  "Only the Supreme Court of Georgia has the authority to regulate the practice of law." argued Early citing to Sexton v. City of Jonesboro, a 1997 Georgia Supreme Court case striking down a similar ordinance in Jonesboro, Georgia.

 

Early argued that the practice of law must be free from government intervention.  "In effect, lawyers represent the third branch of government. Their offices are the front door of the courthouse making sure that people have access to the Courts to protect their valuable rights."  The Municipal Court ruled against the Law Offices of Eric A. Ballinger, however the matter will be appealed.