A Georgia judge has ruled against a preliminary challenge seeking to block a commission tasked with disciplining and removing state prosecutors. The Fulton County Superior Court Judge denied the injunction against Georgia’s Prosecuting Attorneys Qualifications Commission, finding that it does not violate the U.S. or state constitution.
The commission, revived by Republican lawmakers this year, has faced opposition from Democrats who fear it may interfere with the prosecution of former President Donald Trump by Fulton County District Attorney Fani Willis. On the other hand, Republicans argue that the commission is necessary to address prosecutors who they deem as 'rogue' for not enforcing laws.
The legislation creating the commission was signed by Republican Governor Brian Kemp last year but faced delays as the state Supreme Court declined to approve rules governing its conduct. Lawmakers subsequently removed the requirement for court approval, allowing the commission to begin operating on April 1.
Similar challenges to prosecutors advocating for criminal justice reform have been seen in other states like Tennessee, Missouri, Indiana, Pennsylvania, and Florida.
The challenge in Georgia was filed by district attorneys from various counties, with differing political affiliations. While the lawsuit is ongoing, the judge expressed doubts about arguments claiming the law violates prosecutorial discretion and the state constitution's separation of powers.
The judge also dismissed claims that the law restricts freedom of speech and improperly regulates prosecutors, stating that the General Assembly has the authority to impose duties on district attorneys. She further noted that there is no evidence of the commission chilling prosecutors' speech or initiating disciplinary proceedings.
State lawmakers and sponsors of the law have defended it, emphasizing the importance of upholding the law and preventing crime. Despite the setback, the plaintiffs remain determined to challenge the law in the Georgia Supreme Court.
State officials have urged the district attorneys to drop the case, citing the expense and the lack of merit in their arguments.
