Georgia’s elected prosecutors could face disciplinary sanctions, removals or easier voter recalls for declining to bring charges for misdemeanors under two bills introduced Thursday.
Although one of the bills, which would set up an oversight commission, has failed before, Republicans have reintroduced it as Georgia Gov. Brian Kemp criticizes prosecutors for not doing enough to prosecute all crimes — which sets the stage for GOP majorities to take action in 2023.
Both House Bill 229 and House Bill 231 are aimed at district attorneys or county solicitors general who refuse to prosecute entire categories of crimes. For example, some Georgia prosecutors are declining to bring any charges for low-level marijuana possession.
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It’s part of Kemp’s broader tough-on-crime push, along with Republican Lt. Gov. Burt Jones and others, although opponents say it’s unwise for lawmakers to tie a prosecutor’s hands.
Solicitors general prosecute misdemeanors and ordinance violations in lower courts, while district attorneys prosecute both felonies in superior court and misdemeanors.
House Bill 231, sponsored by Rep. Joseph Gullett, a Dallas Republican, would create a Prosecuting Attorneys Oversight Commission, similar to the existing Judicial Qualifications Commission, which can investigate misconduct by judges and recommend punishments including removal to the state Supreme Court.
“Voters across the state are begging legislators to address corrupt prosecutors,” Gullett said in a statement Thursday, adding that his motives are not partisan. “While most district attorneys and solicitor generals are hard-working public servants seeking justice for victims, others have sullied and called into question the integrity of our criminal justice system through their unethical behavior.”
Dick Donovan, once district attorney in Gullett’s Paulding County, pleaded guilty to one count of unprofessional conduct and resigned…
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