A new law signed by Gov. Brian Kemp (R-GA) will grant a state commission the power to discipline or remove prosecutors. Democrats fear it could disrupt Fulton County District Attorney Fani Willis’ prosecution of Donald Trump.
Senate Bill 332 adds rules and procedures for the Prosecuting Attorneys Qualifications Commission (PACQ) to guarantee DAs and general counsel “fulfill their constitutional and statutory duties.” “This legislation will help us ensure rogue and incompetent prosecutors are held accountable if they refuse to uphold the law,” Kemp said on March 13. Stating that his “no. 1 priority is public safety across our state,” Kemp said the bill is pushed towards fighting the rise of crime in the Peach State.
“As we know all too well, crime has been on the rise across the country and is especially prevalent in cities where prosecutors are giving criminals a free pass or failing to put them behind bars due to lack of professional conduct.”
But the timing of Kemp’s support is interesting. Only a year after the agency’s creation, they could not begin operation after the state Supreme Court refused to approve. The high court stated it had “grave doubts” about the PACQ’s ability to regulate the duties of DAs beyond practicing law.
The new measure removes the requirement for Supreme Court approval.
SB 332 would require district attorneys and general counsel who prosecute lower-level cases to evaluate each case independently instead of declining to prosecute classes of offenses. Opponents feel this measure would restrict prosecutors from using their own discretion.
Other opponents, including state Democrats, feel this is a move against Willis, calling the bi-partisan legislation a “witch hunt” against her, according to Atlanta News First. Willis is facing efforts to have her removed from the case over her romantic relationship with a colleague.
However, Republican House Speaker Jon
Burns said the measure has nothing to do with Willis. Instead, he claims, it stems from other instances of alleged prosecutor misconduct, including when Democratic lawmakers pushed the idea of a prosecutor oversight panel following the murder of Ahmaud Arbery. “For us in the House, our focus is not on any one person, not on any one situation,” Burns said.“It’s about asking the folks that are elected, just like me, to do their jobs and protect the citizens of this state.”
The move is likely to face some legal challenges. After the Supreme Court failed to approve the previous measure,
four district attorneys, including DeKalb Country’s Sherry Boston, dropped a challenging lawsuit, but things have changed. Boston now plans to refile as she describes the agency as a “group of political appointees chosen solely by Republicans.”“It has unchecked power to remove prosecutors whose decisions they disagree with, no matter how well a district attorney or solicitor general represents the voters who elected them in the courtroom,” Boston said.