Georgia prosecutors challenge state law limiting their authority 

A coalition of Georgia district attorneys is suing to challenge a state law that created a commission to remove and discipline state prosecutors.

The group of four district attorneys is challenging a recently signed bill that established the Prosecuting Attorneys Qualifications Commission (PACQ), which holds the power to remove local prosecutors who “refuse to uphold the law.” At the time, Georgia Gov. Brian Kemp (R) said the commission would curb “far-left prosecutors” who are “making our communities less safe.”

The effort is being led by DeKalb District Attorney Sherry Boston and also includes Towaliga District Attorney Jonathan Adams, Augusta District Attorney Jared Williams, and Cobb District Attorney Flynn Broady. The prosecutors in a press release said that Senate Bill 92 (SB 92) “overrides the will of voters, threatens prosecutorial independence, and violates federal and state constitutions.”

“SB 92 is not just an assault on prosecutors, it is an assault on our democracy,” Boston said in a statement. “This law is a direct threat to every Georgian who exercises their right to vote – their right to choose the person who they think best represents their values in the courtroom. SB 92 says to voters, if the state doesn’t like your choice, the state will choose for you.”

The lawsuit, which was filed Wednesday in Fulton County Superior Court, questions the constitutionality of the bill and says it oversteps by requiring district attorneys to review every single case. It says that it violates the separation of powers clause in the Georgia Constitution, noting that district attorneys fall within the jurisdiction of the judicial branch.

“This duty is practically unworkable, limiting district attorneys’ ability to define enforcement priorities and approaches and distracting from the prosecution of meritorious cases,” the lawsuit states.

The lawsuit also alleges that the law violates free speech under both the state and federal constitutions, improperly delegates a commission “to define the grounds of discipline” and violates the due process clause of both the state and federal constitutions. The prosecutors are asking the court to invalidate the law or to “at least halt” the commission from handling complaints and disciplining local prosecutors.

The commission launched July 1 and can start accepting complaints about prosecutors Oct. 1.

“Not only is SB 92 unconstitutional, this new Commission is also unnecessary and wasteful,” Boston said. “Georgia already provides other ways to address misconduct by prosecutors — including Bar discipline, impeachment, and ultimately, the ballot box.”

Georgia Attorney General Chris Carr vowed to defend the law in court, saying that district attorneys are “not immune from accountability.”

“I have great respect for the important role District Attorneys play in protecting Georgia’s citizens,” Carr said in a statement. “Unfortunately, some District Attorneys have embraced the progressive movement across the nation of refusing to enforce the law. That is a dereliction of duty, and as a result, Georgia’s communities suffer.”

“All Georgians deserve to be safe, and all crime victims deserve justice. Like everyone else, District Attorneys who choose to violate their oaths of office are not immune from accountability, and we will vigorously defend this law in court,” he added.

Kemp’s office declined to comment on the pending lawsuit.

The Associated Press contributed.

–Updated on Aug. 3 at 8:05 a.m.