Three district attorneys in Georgia have filed lawsuits challenging the Prosecuting Attorneys Qualifications Commission, arguing it violates the U.S. and Georgia constitutions. The lawsuits were filed in Fulton County Superior Court in Atlanta.
The commission, revived by Republican lawmakers this year, is seen by Democrats as an attempt to hinder Fulton County District Attorney Fani Willis' prosecution of former President Donald Trump. The commission was created last year but faced delays due to the state Supreme Court's concerns about its oversight of district attorneys.
After removing the court approval requirement, the commission began operating on April 1. The challenge is led by district attorneys from DeKalb County, Augusta, and Butts, Lamar, and Monroe counties. They argue that the law infringes on prosecutorial discretion and violates the separation of powers by requiring district attorneys to review every case individually.
Georgia Attorney General Chris Carr, a Republican, defended the law, stating that it aims to keep Georgians safe and ensure justice for victims. The prosecutors also claim the law restricts their freedom of speech by limiting what they can discuss when running for office.
The lawsuits further argue against the ban on prosecutors removed by the commission from running again for 10 years. They also criticize the commission for not consulting a state agency in writing its rules and failing to allow public comment before adopting them.
Efforts to control prosecutors in other states have faced legal challenges, with instances in Tennessee and Florida where laws targeting prosecutors were struck down. The legal battle in Georgia highlights the ongoing debate over prosecutorial independence and the role of lawmakers in regulating district attorneys.
