Judge allows prosecutors’ case against oversight panel to proceed

A Fulton County judge is allowing a bipartisan trio of district attorneys to advance their case against Georgia’s Republican-backed Prosecuting Attorneys Qualifications Commission, denying the state’s bid to toss the suit at the first opportunity.

Superior Court Judge Paige Reese Whitaker found enough initial merit in the district attorneys’ case , which alleges that the state law establishing the commission violates the Georgia and U.S. Constitutions. The commission, tasked with investigating and disciplining state district attorneys and solicitors general, was created in 2023 to punish what Gov. Brian Kemp called “rogue” and “far-left” prosecutors who “refuse to uphold the law.”

The district attorneys who brought the challenge are DeKalb County’s Sherry Boston and Augusta’s Jared Williams, both Democrats, and Republican Jonathan Adams, who is the top prosecutor in Butts, Lamar and Monroe counties. They claim the commission threatens the independence of the judiciary, infringes on free speech rights and forces prosecutors to hide their stances from voters.

“Plaintiffs’ complaint sets out detailed allegations that, if borne out by the evidence, could support some or all of the relief being sought,” Whitaker said in a four-page order filed Friday . “Accordingly, (the state’s) motion to dismiss must be denied.”

In a statement, Boston said she, Williams and Adams are pleased that Whitaker “determined that we have stated viable claims for relief.”

“We believe the law that created the Prosecuting Attorneys Qualifications Commission is unconstitutional and that the best way to resolve this legal question is through the courts,” Boston said. “We look forward to arguing our case.”

Credit: Miguel Martinez

Attorneys for the state did not immediately comment on the ruling.

Whitaker’s order comes on the heels of a partial win for the state. In July, the judge rejected the district attorneys’ attempt to halt the commission’s work while the case is litigated. She noted that the commission had yet to investigate or sanction any prosecutors.

The commission’s chairman and vice chairman did not immediately respond Monday to an inquiry about its work.

When signing the commission’s governing legislation into law in May 2023, Kemp said some district attorneys are “either unwilling or unable to do their jobs by letting out-of-touch policies guide them instead of what the law is.” He said the state “will not forfeit public safety for prosecutors who let criminals off the hook.”

Republicans singled out Athens-Clarke County District Attorney Deborah Gonzalez , whose critics accuse her of being incompetent and ineffective.

Opponents argued the commission was set up to punish “common sense” district attorneys who, hampered by limited resources, choose not to prosecute certain crimes including low-level marijuana offenses and abortion-related matters.

Democrats raised concerns that the commission would be used to sanction Fulton DA Fani Willis for her felony case against former President Donald Trump . Willis, who called the commission-enabling legislation “racist ,” was the subject of an early complaint to the commission lodged by Republican state senators , who said she “improperly cherry-picked cases” to further her own agenda.

In their complaint against the state, Boston and Williams said they had joined other prosecutors from around the country in refusing to prosecute crimes related to abortion or gender-affirming care. They said the GBI’s decision not to test samples of less than an ounce of suspected marijuana “made it harder, if not impossible” to prosecute some associated crimes.

Adams said fear of discipline by the commission had forced him to rescind his policy on adultery, which is a misdemeanor in Georgia, and refrain from pursuing a potential policy related to traffic-enforcement cameras.

GOP legislators amended the commission’s governing law earlier this year after the Georgia Supreme Court ruled it had “ grave doubts ” about whether it had authority to approve the agency’s rules and regulations.

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