Current:Home > MyGeorgia Supreme Court ruling prevents GOP-backed commission from beginning to discipline prosecutors -QuantumProfit Labs
Georgia Supreme Court ruling prevents GOP-backed commission from beginning to discipline prosecutors
View
Date:2025-04-16 14:20:05
ATLANTA (AP) — Georgia’s state Supreme Court on Wednesday refused to approve rules for a new commission to discipline and remove state prosecutors, meaning the commission can’t begin operating.
Some Republicans in Georgia want the new commission to discipline or remove Fulton County District Attorney Fani Willis for winning indictments of former President Donald Trump and 18 others.
In an unsigned order, justices said they have “grave doubts” about their ability to regulate the duties of district attorneys beyond the practice of law. They said that because lawmakers hadn’t expressly ordered justices to act, they were refusing to rule one way or the other.
“If district attorneys exercise judicial power, our regulation of the exercise of that power may well be within our inherent power as the head of the Judicial Branch,” justices wrote. “But if district attorneys exercise only executive power, our regulation of the exercise of that power would likely be beyond the scope of our judicial power.”
State Rep. Houston Gaines, an Athens Republican who helped guide the law through the state House earlier this year, said he believed lawmakers could as soon as January remove the requirement for the court to approve the rules, letting the commission begin operating.
“This commission has been years in the making — and now it has its appointees and rules and regulations ready to go,” Gaines wrote in a text. “As soon as the legislature can address this final issue from the court, rogue prosecutors will be held accountable.”
Georgia’s law is one of multiple attempts nationwide by Republicans to control prosecutors they don’t like. Republicans have inveighed against progressive prosecutors after some have brought fewer drug possession cases and sought shorter prison sentences, arguing Democrats are coddling criminals.
Beyond the hurdle of state Supreme Court approval of rules, four district attorneys are suing to overturn the commission, arguing that it unconstitutionally infringes on their power.
Sherry Boston, the Democratic district attorney in suburban Atlanta’s DeKalb County and one of the four plaintiffs, said in a statement Wednesday that the order “shines a bright light on the fundamental failings” of the law.
“We are pleased the justices have taken action to stop this unconstitutional attack on the state’s prosecutors,” Boston said.
A Georgia judge in September denied an request to freeze the law from the four district attorneys, suggesting she will ultimately rule against their lawsuit.
The plaintiffs argue prosecutors are already changing their behavior because they’re worried about getting investigated.
Fulton County Superior Court Judge Paige Reese Whitaker found the suit is unlikely to succeed, noting the Georgia Constitution “expressly authorizes the General Assembly to impose duties on district attorneys” and to create disciplinary and removal processes.
Opponents say the law creates a bias in favor of prosecuting people, but supporters including Georgia Attorney General Chris Carr, a Republican, argue that if district attorneys don’t prosecute, they are violating their oaths of office.
The law raises key questions about prosecutorial discretion, a bedrock of the American judicial system that allows prosecutors to decide what criminal charges to seek and how heavy of a sentence to pursue. The Georgia law states a prosecutor can’t refuse to prosecute whole categories of crimes, but must instead decide charges case by case. It applies both to district attorneys and elected solicitors general, who prosecute lower-level crimes in some Georgia counties.
Commissioners have said they can’t start operations until rules take effect. They voted in September not to investigate any acts that take place before rules are approved. It’s unclear how that decision might affect petitions asking the commission to discipline Willis, who won indictments of Trump and others in August.
Randy McGinley, the district attorney for Newton and Walton counties who has been named to lead the commission, declined comment Wednesday. McGinley said he would seek to have the commission meet next week to discuss the issue.
veryGood! (73)
Related
- Why members of two of EPA's influential science advisory committees were let go
- How Kim and Kourtney Kardashian Ended Their Feud—for Now
- Why Julian Sands' Cause of Death Has Been Ruled Undetermined
- Gisele Bündchen's Look-Alike Daughter Vivian Is All Grown Up as Model Celebrates 43rd Birthday
- NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
- Sink Your Teeth Into These Juicy Secrets About The Vampire Diaries
- Jamie Foxx Addresses Rumors About His Health in First Video Message Since Hospitalization
- Bella Hadid and Boyfriend Marc Kalman Break Up
- A White House order claims to end 'censorship.' What does that mean?
- Make Your Dream Aesthetic Kitchen a Reality with These Organizers from Amazon
Ranking
- Nearly 400 USAID contract employees laid off in wake of Trump's 'stop work' order
- Former reverend arrested for 1975 murder of 8-year-old girl
- Oppenheimer Moviegoers Spot Mistake in Cillian Murphy Scene
- Travis Barker Pens Heartbreaking Letter to Teen Drummer After His Death
- Meta donates $1 million to Trump’s inauguration fund
- Beyoncé's New Perfume Will Have You Feeling Crazy in Love
- Bella Hadid Seeking Daily Treatment for Lyme Disease Amid Health Journey
- Megan Fox Steps Out in Risqué Look for Movie Date With Machine Gun Kelly
Recommendation
Can Bill Belichick turn North Carolina into a winner? At 72, he's chasing one last high
What the Mattel CEO Really Thinks of the Satirical Barbie Movie
Kylie Jenner, Cardi B and More Stars Who've Shared Plastic Surgery Confessions
Why Lady Gaga Asked Joker Crew to Call Her This Fake Name on Set
Working Well: When holidays present rude customers, taking breaks and the high road preserve peace
A Reckoning in North Birmingham as EPA Studies the ‘Cumulative Impacts’ of Pollution and Racism
Former reverend arrested for 1975 murder of 8-year-old girl
Oppenheimer's Cillian Murphy Underwent a Drastic Transformation—& So Did These Movie Stars