Georgia House Passes Bill Reviving Panel to Punish or Remove Elected Prosecutors
ICARO Media Group
In a party-line vote, the Georgia House passed a new bill on Monday aimed at reviving a panel that would have the authority to punish or remove elected prosecutors. This development could potentially create further challenges for Fulton County District Attorney, Fani Willis.
Initially, the creation of the Prosecuting Attorneys Qualifications Commission was prompted by the perceived inaction of prosecutors in the Ahmaud Arbery murder case, as well as a decision made by the Athens-Clarke County district attorney to forgo charges on minor drug possession cases. However, accusations of an inappropriate relationship between Willis and a special prosecutor, amidst her leading the sprawling corruption case against former President Donald Trump and his allies, have recently played a central role in the push to bring back this law.
Governor Brian Kemp had previously signed a similar bill into law last year, establishing a panel of eight appointees with the power to remove prosecutors under certain circumstances. However, several district attorneys, including Willis, voiced concerns that the law could be politicized to target progressive prosecutors. Willis herself described the law as "racist".
To add to the drama, the Georgia Supreme Court denied approval for the commission's processes last year, effectively killing the law. However, the newly passed version of the bill excludes the requirement for Georgia Supreme Court approval.
Dar'shun Kendrick, a Democrat serving on the House Judiciary Committee, criticized the new bill, suggesting that it prioritizes going after Willis rather than protecting the memory of Ahmaud Arbery.
Notably, the Georgia Senate had already passed similar legislation earlier this month. However, differences between the two versions, particularly in how incapacity is defined and how appeals may be handled, must be reconciled for a prosecutorial discipline commission bill to pass both houses and be signed into law by Governor Kemp.
In a separate development, the Georgia Senate established a special committee last week to investigate allegations against Willis's office and claims that her appointment of Nathan Wade as a special prosecutor allowed for the misuse of public funds. Importantly, this Senate investigative committee does not require approval from the House or Governor Kemp. While it possesses subpoena power, it does not have direct authority to punish Willis.
Georgia House Speaker, Jon Burns, expressed his support for the bill, emphasizing the importance of holding district attorneys accountable and ensuring public safety. He anticipates swift action by the Senate to pass the legislation, ultimately leading to Governor Kemp signing it into law.
As this controversial bill moves forward in the legislative process, it remains to be seen how it will impact the legal landscape in Georgia and the career of Fulton County District Attorney Fani Willis.