March 15th 2024.
Governor Brian Kemp recently signed a new law that has caused quite a stir among Democrats. The law grants a state commission the authority to punish or even remove prosecutors from their positions. There are concerns that this could interfere with Fulton County District Attorney Fani Willis' ongoing case against former President Donald Trump.
Known as Senate Bill 332, the new legislation sets out guidelines and procedures for the Prosecuting Attorneys Qualifications Commission. Its main purpose is to ensure that district attorneys and general counsel fulfill their responsibilities as outlined in the state's constitution and laws. Governor Kemp, who has always prioritized public safety, believes that this law will hold prosecutors accountable for any rogue or incompetent behavior when it comes to upholding the law. He also states that the bill is a response to the rising crime rates in Georgia.
However, some are raising eyebrows at the timing of the governor's support for the bill. It comes just a year after the commission's creation, which was halted by the state Supreme Court's refusal to approve it. The high court expressed doubts about the commission's ability to regulate the actions of district attorneys beyond their legal duties. The new law eliminates the need for this approval from the Supreme Court.
Under SB 332, district attorneys and general counsel will be required to evaluate each case independently instead of declining to prosecute certain types of offenses. Critics of the law argue that this will limit a prosecutor's discretion in handling cases. State Democrats see this as a targeted attack against Fani Willis, with some even calling it a "witch hunt." However, Republican House Speaker Jon Burns denies that this law is aimed at any specific individual. He claims that it is a response to multiple instances of alleged misconduct by prosecutors, including a proposal for a prosecutor oversight panel following the tragic murder of Ahmaud Arbery. "Our focus is not on any one person or situation," Burns explains. "We simply want those in elected positions to do their jobs and protect the citizens of Georgia."
There are bound to be legal challenges against this new law. In fact, the previous version of the bill faced a lawsuit from four district attorneys, including Sherry Boston of DeKalb County. However, Boston and the others dropped the lawsuit when the Supreme Court failed to approve the commission. But now, with the changes made to the law, Boston plans to refile the lawsuit. She believes that the commission is made up of political appointees chosen solely by Republicans and that it gives them unchecked power to remove prosecutors for any reason, even if they are doing their job well and representing the voters who elected them. "This is a threat to the independence of our justice system," Boston states.
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