Prosecutorial oversight bill passed by Georgia House

ATLANTA - Georgia's Republican-controlled House of Representatives approved legislation Monday that would allow a newly formed oversight commission over prosecutors to set its own rules.

State Assembly Bill 881, which passed by a vote of 95 to 75 along party lines, is in addition to legislation passed by the Republican majority of the State Assembly last year creating a Prosecutor Qualifications Commission to review complaints filed against local county prosecutors.

The commission would be given the power to remove prosecutors found guilty of various offenses, including mental or physical incompetence, willful misconduct or neglect of duty, conviction for a crime of moral turpitude, or conduct defamatory to the office.

But the commission stopped after the state Supreme Court ruled last year that it did not have the authority to review rules adopted by the commission as the law provides. Instead, the new law gives the commission independent authority to deal with the issue.

House Democrats said Monday that removing the Supreme Court from the equation would give the commission complete freedom to make its own rules without any limits on its power. "Who's going to control this commission?" asked Rep. Tania Miller of Georgia (D-Atlanta). "Who will oversee them?"

Other Democrats argued that allowing a panel of unappointed officials to remove prosecutors elected by local voters is a blow to democracy. "This arrogance, as if we know more than the voters of our state, is dangerous to those we represent," said Rep.

But Republicans pointed to cases across the state where Democratic district attorneys refused to file charges because they believed nonviolent crimes were not worth pursuing. "Those who suffer are homeowners and citizens whose cars and homes are being robbed," said National Actor Matt Reeves of Duluth representing Republicans. "Public safety should not be weakened by partisan politics. Georgia residents deserve to be safe in their homes and businesses."

Democrats also accused Republicans of falling under that law to rein in Fulton County District Attorney Fanie Willis for leading an investigation into then-President Donald Trump's attempts to alter the results of the 2020 presidential election in Georgia. The investigation led to the indictment of Trump and 18 others last August.

Republicans asked why Democrats oppose House Bill 881 when Democratic lawmakers introduced similar legislation four years ago against Republican prosecutors who were not serious about prosecuting after black jogger Ahmod Arbery was killed near Brunswick by two white men who chased him down the street in a truck.

"We're here to monitor our renegade prosecutors to make sure they're doing the job they were elected to do," said Rep. Joseph Gullett of Dallas (R-Dallas), the bill's chief sponsor.

State Assembly Bill 881 now heads to the state Senate.