Georgia House Passes Bill to Revive Commission with Powers to Discipline and Remove Prosecutors

In a move that has sparked controversy and accusations of political interference, Georgia House members voted 95-75 on Monday to pass House Bill 881, which aims to revive a commission with the authority to discipline and remove prosecutors. Democrats argue that the bill is specifically targeted at disrupting Fulton County District Attorney Fani Willis' prosecution of former President Donald Trump. The bill will now move to the Senate for further debate, following the advancement of a similar bill out of a Senate committee last week.

Last year, Georgia Governor Brian Kemp signed legislation to establish the Prosecuting Attorneys Qualifications Commission, but the commission was unable to begin operating after the state Supreme Court declined to approve rules governing its conduct in November. Justices expressed concerns about their ability to regulate the duties of district attorneys beyond the practice of law. The newly passed measure removes the requirement for Supreme Court approval, allowing the commission to proceed without oversight.

Supporters of the bill argue that the commission is necessary to hold "rogue prosecuting attorneys" accountable for abusing their office. Republican Representative Joseph Gullett, who sponsored the measure, stated, "This commission will now be able to begin their real work, which is bringing accountability to those rogue prosecuting attorneys who abuse their office." Some Republicans deny that the bill is directly aimed at Willis, citing instances of prosecutor misconduct in the past.

However, Democrats strongly oppose the commission, claiming that Republicans are attempting to undermine the will of Democratic voters. House Minority Whip Sam Park, a Democrat, expressed concern that the commission could interfere with and undermine the ongoing investigation against Donald J. Trump, stating, "You are taking action to protect former President Trump from an ongoing criminal prosecution."

In addition to the passage of the bill, Georgia's state Senate voted 30-19 on Friday to create a special committee to investigate District Attorney Fani Willis. Republican senators argue that the committee is necessary to determine whether Willis misspent state tax money in her prosecution of Trump and others. The committee, which does not require approval from the state House or Governor Kemp, will make recommendations on state laws and spending based on its findings. However, Democrats view the committee as a partisan attempt to appeal to Trump and his supporters.

The investigation into Willis has been fueled by allegations of an inappropriate romantic relationship between Willis and attorney Nathan Wade, who was employed as a special prosecutor. A motion filed in Wade's divorce case included credit card statements showing that he purchased plane tickets for himself and Willis to travel to Miami and San Francisco. Republicans claim that Willis employed Wade for personal benefit, while Willis has yet to publicly respond to the allegations.

Governor Kemp has expressed his preference for the prosecutor oversight panel to investigate any accusations of misconduct by Willis, rather than the Senate committee. Democrats warn that removing the requirement for Supreme Court review could leave the commission without proper oversight. The bill also includes provisions that make it more difficult for a court to overturn the commission's actions by imposing a high standard of review.

Georgia's bill is part of a broader trend among Republicans nationwide to exert control over prosecutors they disagree with. Republicans argue that progressive prosecutors have been lenient on criminals, leading to a rise in crime rates. However, Democrats view these efforts as an infringement on the independence of prosecutors and an attempt to undermine the criminal justice system.

The passage of the bill and the creation of the investigative committee come at the beginning of Georgia's 2024 legislative session, with all Senate and House seats up for election later this year. The controversy surrounding Willis and the actions of Republicans and Democrats in response could deter primary challenges from both sides. Republican lawmakers who publicly supported Trump's efforts to overturn Georgia's 2020 election results have been some of the bill's main supporters.