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Georgia Governor Brian Kemp has signed into law legislation that establishes a commission with the authority to remove prosecutors who refuse to enforce certain crimes. The law, known as S.B. 92, passed in the Georgia House and Senate along party lines, with Democrats and other critics expressing concerns that the measure is an attempt to diminish the power of locally elected officials who make prosecutorial decisions reflecting the values of their communities. These decisions include district attorneys choosing not to prosecute marijuana crimes, declining to enforce abortion restrictions, and investigating allegations of interference by former President Donald Trump in the state’s 2020 election.
Supporters of the legislation argue that it will enhance public safety and rein in prosecutors who act outside the bounds of their authority. Previous attempts to introduce similar measures targeting Georgia’s district attorneys had failed, but proponents believe that changes to this year’s bill, including increased oversight, address those concerns. They contend that the measure is necessary due to cases where district attorneys selectively enforce laws and instances where prosecutors themselves have faced criminal charges.
The new law reflects a growing tension between local district attorneys and Republican-led state legislatures across the country. GOP officials seek to exert control over progressive-leaning prosecutors who have expressed their intention to refrain from enforcing certain crimes, such as personal possession of cannabis, low-level shoplifting, or abortion restrictions. In Florida, for example, a state attorney suspended for refusing to enforce anti-abortion laws has filed a lawsuit alleging that Governor Ron DeSantis violated her First Amendment rights.
S.B. 92 in Georgia establishes an oversight commission consisting of eight members, granting them the authority to discipline, remove, or cause the involuntary retirement of appointed or elected district attorneys or solicitors-general. The law also includes a specific mandate for district attorneys to review each individual case where there is probable cause for prosecution and make prosecutorial decisions based on the facts and circumstances under oath of duty.
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The grounds for a prosecutor’s removal, as outlined in the law, include mental or physical incapacity, willful misconduct in office, willful and persistent failure to carry out their duties, conviction of a crime involving moral turpitude, and conduct that brings the office into disrepute, prejudicing the administration of justice.
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If the commission removes a district attorney or solicitor general, they will be disqualified from holding a similar office in any part of Georgia for a period of 10 years. A prosecutor can appeal a disciplinary order issued by the commission to Georgia’s appellate courts.
The commission, which will commence accepting complaints on October 1, consists of attorneys appointed by the governor, lieutenant governor, and Georgia’s legislative leaders. It will comprise five members forming an investigative panel and three constituting a hearing panel responsible for issuing disciplinary orders.
This new legislation in Georgia marks an escalation in the ongoing conflict between local district attorneys and Republican-controlled state legislatures nationwide. As Republican officials seek to rein in progressive prosecutors who voice their intention to exercise discretion in enforcing certain crimes, the impact of these measures on the justice system and the balance of power between elected officials and state legislatures remains a topic of debate.
