ATLANTA – The Georgia House’s Republican majority has passed legislation creating an oversight board for the state’s district attorneys and solicitors general over the objections of Democrats who argued the panel is unnecessary and politically motivated.
House Bill 231 passed 98-75 primarily along party lines on Monday, the Crossover Day deadline for bills to clear at least one legislative chamber to remain alive this year.
The eight members of the Prosecuting Attorneys Oversight Commission would be appointed by the Georgia Supreme Court to investigate complaints against prosecutors and hold hearings.
The panel would have the power to discipline or remove prosecutors on a variety of grounds including mental or physical incapacity, willful misconduct or failure to perform the duties of the office, conviction of a crime of moral turpitude, or conduct that brings the office into disrepute.
The bill comes amid complaints by Republicans that some Democratic prosecutors have publicly declared they would not prosecute Georgians arrested for violating the state’s six-week abortion ban. Fani Willis, Fulton County’s Democratic district attorney, also has come under fire for launching an investigation into then-President Donald Trump’s alleged interference with the 2020 presidential election in Georgia.
During Monday’s debate, supporters said the conduct of Georgia judges is subject to oversight and the same should apply to prosecutors.
“This is a nonpartisan issue in my mind,” said Rep. Joseph Gullett, R-Dallas, the bill’s chief sponsor. “It’s vitally important for counties who have district attorneys who are bad actors.”
But opponents said the State Bar of Georgia, the attorney general’s office, the legislature, and ultimately voters hold the power to discipline or remove from office wayward prosecutors.
An oversight commission would take power away from judges, said Rep. Stacey Evans, D-Atlanta.
“I believe in prosecutorial discretion,” she said. “If you start picking and choosing what district attorneys should prosecute … you’re trampling on prosecutorial discretion.”
But Republicans countered that complaints of misconduct by prosecutors cut both ways. House Majority Leader Chuck Efstration, R-Dacula, cited the Ahmaud Arbery case, where Glynn County’s Republican district attorney dragged her feet in prosecuting the slaying of the Black jogger near Brunswick by two white men.
“The proposed methods for removing prosecutors are insufficient,” Efstration said. “This is a reasonable approach to deal with circumstances where a district attorney or solicitor is violating the law.”
But Democrats also cited the Arbery case to demonstrate the current system works. In that case, the district attorney who refused to act was ultimately voted out of office.
“The district attorney is elected by the people,” said Rep. Shea Roberts, D-Atlanta. “They know who best represents their values.”
The bill now heads to the state Senate, which passed similar legislation last week and sent it to the House.