Judge allows challenge to prosecutor oversight panel to move forward
FULTON COUNTY, Ga. - A Fulton County judge is allowing a challenge to Georgia's new Prosecuting Attorneys Qualification Commission to move forward.
In a ruling filed on Aug. 21, Superior Court Judge Paige Reese Whitaker denied a motion by the state to dismiss the lawsuit, saying she found enough initial merit in the case.
The Georgia challenge was filed by Sherry Boston, the district attorney of DeKalb County; Jared Williams of Augusta and neighboring Burke County; and Jonathan Adams of Butts, Lamar and Monroe counties south of Atlanta. Adams is a Republican, the others are Democrats.
The prosecutors say the law violates Georgia’s constitutional separation of powers by requiring district attorneys to review every single case on its individual merits. District attorneys argue that they should be able to reject prosecution of whole categories of crimes as a matter of policy.
The "plaintiffs’ complaint sets out detailed allegations that, if borne out by the evidence, could support some or all of the relief being sought," Whittaker wrote in her ruling.
The judge had previously sided with the state by refusing to block the commission, finding that it did not violate the U.S. or state constitution.
What is Georgia's Prosecuting Attorneys Qualification Commission?
The commission is tasked with investigating and disciplining state district attorneys and solicitors general who may be pursuing fewer cases and shorter prison sentences as a matter of criminal justice reform.
Republican Gov. Brian Kemp signed legislation last year creating the commission, but it couldn’t begin operating because the state Supreme Court refused to approve rules governing its conduct. The justices said they had "grave doubts" about the high court’s ability to regulate the decisions made by district attorneys.
Lawmakers then removed the requirement for court approval, a change Kemp signed into law. The commission began operating April 1.
Democrats fear the commission has one primary goal: derailing Fulton County District Attorney Fani Willis' prosecution of former President Donald Trump. Republicans, though, say it is necessary to discipline so-called rogue prosecutors who are refusing to enforce laws.
The Associated Press contributed to this report.