Georgia GOP is re-creating its failed anti-Fani Willis weapon
In a renewed effort to wield legislative influence over prosecutors who diverge from conservative ideals, Georgia Republicans have reintroduced a modified version of a controversial law aimed at granting a prosecutorial review commission unprecedented powers. The legislative initiative, known as Senate Bill 92 (SB 92), has raised concerns about its potential impact on the autonomy of district attorneys, notably targeting figures such as Fulton County District Attorney Fani Willis.
Last year witnessed open discussions among Georgia Republicans regarding the use of SB 92 to remove Willis from her position following the indictment of former President Donald Trump and his associates. The charges related to allegations of pressuring officials to overturn Georgia’s election results. The original SB 92 created a prosecutorial review commission tasked with the authority to remove prosecutors deemed unfit for their roles. This commission’s members were to be appointed by Republican-held positions, including the governor, lieutenant governor, House speaker, and the Senate Committee on Assignments.
However, the Georgia Supreme Court’s ruling in November asserted that rule-making for the commission did not fall within its jurisdiction. Undeterred, Georgia Republicans have introduced a new version of the law, granting the commission the power to establish its own “standards of conduct and rules for the commission’s governance.” The revised bill indicates that the commission’s rules will be developed with “assistance” from the Prosecuting Attorneys’ Council of Georgia.
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revised language raises concerns about the potential for the prosecutorial review board to essentially police its own behavior, undermining the democratic principles that should guide such commissions. Critics argue that the lack of clarity in the new version of SB 92 exacerbates its undemocratic nature compared to the previous iteration.
Last year, a bipartisan group of prosecutors, led by DeKalb County District Attorney Sherry Boston, filed a lawsuit seeking to impede the commission’s activities. Their claim contended that the commission could infringe upon the power of elected prosecutors and undermine voters’ ability to choose their district attorneys freely. The lawsuit was voluntarily dismissed after the Georgia Supreme Court effectively halted the commission’s operations. However, a notable line in the dismissal filing suggests the potential for future legal battles if the commission takes subsequent actions without legislative authorization or if the General Assembly amends SB 92.
As the revised SB 92 gains traction, observers remain vigilant for any potential overreach by the prosecutorial review commission and the implications it may have on the democratic fabric of Georgia’s prosecutorial landscape. The delicate balance between legislative oversight and the independence of prosecutors continues to be a focal point of this ongoing legal and political saga.
