Kemp signs bill allowing removal of local prosecutors in Georgia

Georgia Gov. Brian Kemp (R) signed a bill on Friday to establish a commission with the power to remove local prosecutors who “refuse to uphold the law.” 

Kemp’s office said in a release that he established the Prosecuting Attorneys Qualifications Commission (PACQ) with his signature to serve as “a valuable oversight mechanism” for district attorneys and solicitors-general throughout the state. The office said the commission will ensure these officials fulfill their constitutional and statutory responsibilities. 

“As hardworking law enforcement officers routinely put their lives on the line to investigate, confront, and arrest criminal offenders, I won’t stand idly by as they’re met with resistance from rogue or incompetent prosecutors who refuse to uphold the law,” Kemp said. “The creation of the PACQ will help hold prosecutors driven by out-of-touch politics than commitment to their responsibilities accountable and make our communities safer.” 

The law establish several reasons for the commission to remove or force the “involuntary retirement” of prosecutors. They include willful misconduct in office, mental or physical incapacity interfering with duties that is likely permanent, willful and persistent failure to carry out statutory duties and conviction of a crime involving “moral turpitude.” 

District attorneys and solicitors general could also be removed for conduct prejudicial to the administration of justice that lowers the reputation of the office and for knowingly allowing an assistant district attorney or assistant solicitor general to commit any of the listed acts. 

The commission will launch on July 1 and can start accepting complaints about prosecutors on Oct. 1. 

The law is one of several efforts that some Republicans throughout the country have taken to go after Democratic and liberal-leaning prosecutors whom they have accused of being soft on crime and declining to prosecute certain crimes. 

Georgia Democrats have accused the Republican-controlled legislature and Kemp of seeking to impose the legislature’s will on Democratic local areas. 

Some observers have said the law could be used against Fulton County District Attorney Fani Willis, who is considering charges against former President Trump and his allies over efforts to overturn the results of the state’s election in the 2020 presidential race. 

Willis has denounced the law as racist, as it comes after voters elected 14 nonwhite district attorneys. 

Republicans mentioned District Attorney Deborah Gonzalez, who serves Athens-Clarke and Oconee counties, as a target of the law as she has declined to prosecute marijuana-related offenses. Seven district attorneys have also pledged to not prosecute abortion-related crimes in the aftermath of the Supreme Court overturning Roe v. Wade. 

Georgia is not the only state where officials have taken action to try to remove prosecutors who they believe are not following their responsibilities. Florida Gov. Ron DeSantis (R) removed a prosecutor from office in August for signing a pledge to not prosecute women and doctors who violate abortion laws and families seeking gender-affirming care for minors. 

The Associated Press contributed to this report.