A Fulton County judge has dismissed a whistleblower suit filed by a former lawyer for the Georgia ethics commission, saying the question of whether she was permitted to sue after leaving state employment should be settled by the appellate courts.

Six months after being fired in January, 2014 Elisabeth Murray-Obertein settled one whistleblower suit against the agency for $477,000. Four months later, she filed a second suit against the agency and its former director, Holly LaBerge, over “disparaging” comments LaBerge made to news outlets after the settlement, including allegations that she performed poorly at work and had a drinking problem.