Georgia Capitol

ATLANTA— In furtherance of Republican narratives against “soft on crime” prosecutors, Georgia lawmakers have advanced legislation that would create more oversight of district attorneys and solicitors general.

On Crossover Day March 6, the Georgia House of Representatives in a 98-75 vote approved HB 231, which would create a committee to oversee local DAs and solicitors general; Senators passed its version of the bill, SB 92, in a 32-24 vote on March 2.

The Prosecuting Attorneys Oversight Commission would have the power to discipline, remove, and cause the involuntary retirement of appointed or elected prosecutors, according to the bill.

It would clarify that prosecutors be required to “review every individual case for which probable cause for prosecution exists, and make a prosecutorial decision under the law based on the facts”

“District attorneys and solicitors general are entrusted with the responsibility to enforce the law and play a pivotal role in seeking justice,” Dallas Rep. Joseph Gullett, sponsored of HB 229 said at a previous committee meeting. “We must hold them accountable for their actions to ensure the integrity of our criminal justice system.”

Democrat Rep. Dar’Shun Kendrick said the bill threatens the ability of prosecutors to use discretion in examining facts when deciding if and when to prosecute a case.

Rep. Stacey Evans, implied that the Republican-led bill is to target Democrat district attorneys like Fulton County DA Fani Willis, who is seeking to prosecute former President Donald Trump for election interference. Willis and other Democrat DAs have also been blamed for crimes in their respective counties. However, one Republican representative said the bill stems from a Republican district attorney who was allegedly sexually harassing employees.

But Evans and others argued the bill unnecessary as prosecutors are already held accountable to the State Bar, the state attorney general, and can be impeached by the legislators. Prosecutors are also held accountable to voters who can vote them out of office, she added.

Mesha Mainor was one of a few Democrats who voted in support of the bill. She said the bill brings attention to a “neglected problem” of DAs who abuse their office to help friends, and claim they don’t have time or resources to hear certain crimes or cases.

“Their power is traumatizing when used inappropriately in a frivolous manner,” she said.

The Commission would be appointed by the governor, lieutenant governor, speaker of the House and Senate Committee on Assignments.

House Speaker Jon Burns in a press conference following the Crossover Day session said he is proud of the bill’s passage in the House. He said it had been years in the works.

“That certainly has been a priority for the House. It’s a priority of our public safety. We’ve got a good bill to send over to the Senate,” Burns said.

Reimbursement for Attorney General prosecuting local cases

In the opposite chamber, Georgia senators approved the Republican-led SB 31 which would allow the Department of Law (Attorney General’s office) to be reimbursed by the local district attorney’s office when the AG prosecutes a criminal case or cases due to a DA’s refusal to do so and obtains a guilty plea(s) or guilty verdict(s).

The incurred cost or reimbursement expenses would include travel expenses or the actual cost of time spent, according to the bill, which was approved 35-20 vote largely along party lines.

Within 15 days of of the AG filing a motion with the judge for reimbursement, the judge would be required to hold a hearing to determine whether the district attorney failed to perform his or her officials duties, and hear evidence as to expenses incurred before making a determination.

The measures targeting prosecutors come after several district attorneys around the state have indicated their intent to not prosecute cases that violate Georgia’s six-week abortion ban, and some prosecutors have indicated their priority to not prosecute low-level, nonviolent offense such as simple possession of marijuana

Republicans have also argued that some prosecutors have been lenient on the prosecution of violent criminals.

In his January State of the State address, Gov. Brian Kemp lauded state interference in gang prosecutions through the GBI’s Gang Task Force and the Gang Prosecution Unit of the state Attorney General.

“Where local district attorneys are unwilling to confront these violent offenders, the Gang Prosecution Unit is more than capable and willing to step in,” he said.