Yesterday marked a significant development in Georgia’s legal landscape as the state’s Supreme Court denied review of rules proposed to regulate the conduct of state prosecutors. This is seen as a setback to a legislative initiative aimed at overseeing the conduct of district attorneys.
The proposed regulations would have granted the Prosecuting Attorneys’ Qualifications Commission power to “discipline, remove, and cause involuntary retirement of appointed or elected district attorneys or solicitors-general” due to misconduct or failure to carry out duties. The rules appear to have found favor among Republican lawmakers, who showed dissatisfaction with the recent indictment of former President Donald Trump. The provisions of these new regulations could have facilitated the removal of the prosecutors proceeding with cases against Trump, given they could provide substantial evidence for cause.
However, under Ga. Code § 15-18-32, the crafting of these regulations was only valid, provided “that such standards and rules shall be effective only upon review and adoption by the Supreme Court.” However, upon receipt of the drafted standards, the Georgia Supreme Court declined to review them. The Court stated it was ambiguous whether it possessed the authority to even consider such rules:
In the words of the court, “In short, we have grave doubts that we have the constitutional power to take any action on the draft standards and rules. But deciding the question of whether we actually have that power would require deciding difficult constitutional questions of first impression outside of the adversarial process.”
Reacting to this, DeKalb County District Attorney Sherry Boston, who, along with three other district attorneys had previously filed a lawsuit to halt the creation of the commission said in a press release, “Today’s order by the Georgia Supreme Court shines a bright light on the fundamental failings of Senate Bill 92. We are pleased the justices have taken action to stop this unconstitutional attack on the state’s prosecutors.”
Without the endorsement of the Supreme Court, the proposed rules are unable to move forward, putting a halt on their implementation. The broader repercussions of this decision remain to be seen.