Georgia DAs against oversight committee file lawsuit against state
DeKalb County District Attorney Sherry Boston (FOX 5)
DEKALB COUNTY, Ga. - A group of Georgia district attorneys (DAs) filed a lawsuit today challenging the constitutionality of the Prosecuting Attorneys Qualifications Commission (PAQC), an oversight body with the power to investigate and remove local prosecutors.
The PAQC, whose members were appointed by Gov. Brian Kemp and other Republican officials, has been accused of curbing the authority of duly elected prosecutors and disregarding the will of voters.
The PAQC came under scrutiny last year when the Georgia Supreme Court declined to approve its rules due to constitutional concerns. However, on March 13, Gov. Kemp signed a new bill (SB 332) into law, effectively reinstating the commission's authority. In response, the plaintiffs, led by Stone Mountain (DeKalb County) Judicial Circuit District Attorney Sherry Boston (D), filed a legal challenge against the PAQC. They are represented by Public Rights Project, a national nonprofit that works with local governments to protect civil rights, and Atlanta-based firms Washington, Dreyer, and Associates, and Bruce P. Brown Law.
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The lawsuit argues that the PAQC undermines the fundamental structure of Georgia's constitution by interfering with the autonomy of local communities to select their district attorneys. Additionally, the PAQC imposes severe consequences on prosecutors, including a 10-year prohibition on serving again if removed by the commission.
According to the plaintiffs, the PAQC poses a threat to the ability of local prosecutors to implement policies aimed at promoting public safety. The commission's authority to discipline prosecutors based on their stated philosophies and commitments could hinder prosecutors from openly communicating their priorities to the public, thereby infringing upon their First Amendment rights.
District Attorney Jared Williams says that the law is not about oversight but rather about overturning the will of voters, creating a barrier between public officials and the communities they serve.
The lawsuit alleges that the PAQC violates Georgia law, the state constitution, and the U.S. Constitution by interfering with prosecutorial discretion, restricting free speech rights, and failing to consult with the Prosecuting Attorneys' Council (PAC), as required by law.
The plaintiffs are seeking a court declaration that the PAQC statute is void and a halt to the commission's activities. They also aim to prevent the commission from investigating or disciplining prosecutors for prosecutorial decisions or related statements.
Georgia’s law was one of multiple attempts nationwide by Republicans to control prosecutors they don’t like.
The other plaintiffs include Towaliga Judicial Circuit District Attorney Jonathan Adams (R) and Augusta Judicial Circuit District Attorney Jared Williams (D).
The commission could open an investigation into Fulton County District Attorney Fani Willis over her handling of the election interference case against former President Donald Trump.