Ga. Prosecutor Oversight Commission at Standstill Amid High Court's Refusal to Vet Rules
"The Supreme Court of Georgia has just determined that there's enough constitutional issues with the statute that they will not approve any set of rules or conduct," said plaintiff's counsel challenging the commission's establishment. "From our perspective, this leads to a condition of stalemate and there's no way for them to lawfully investigate prosecutors going forward."
November 28, 2023 at 11:14 AM
4 minute read
The Georgia Supreme Court issued an order stating that it would not review the proposed rules of the Prosecuting Attorneys Qualifications Commission (PAQC) on Nov. 22. The newly established organization created earlier this year to investigate, discipline and possibly remove Georgia's elected prosecutors has been a politically contentious topic, with critics arguing the commission will curb the prosecutorial discretion of district attorneys, particular those elected from Democratic-leaning jurisdictions.
"I think what the Supreme Court did in the order was point out very specifically that there are a lot of unanswered questions about the constitutionality of [the bill that established the commission," DeKalb County District Attorney Sherry Boston, a plaintiff in a legal action challenging the PAQC, said. "District attorneys are constitutional officers. You can't just create a commission that allows for their removal without making sure that that commission is within the confines of the Georgia constitution. ... [This] is Republican-led legislation that just wants to impose their rules and guidelines on other elected officials."
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