In a recent ruling, the Georgia Supreme Court thwarted what has been characterized as a blatant move by the state’s Republican Party to oust Fulton County District Attorney Fani Willis.
On November 22, the court announced its decision not to review rules that established a commission empowering legislators to remove or discipline elected prosecutors.
This decision effectively quashed the proposal put forth by Georgia’s Republicans, providing a reprieve for Willis from potential political interference.
Willis is leading an investigation into former President Donald Trump and his efforts to overturn the results of the 2020 presidential election in Georgia. She has also issued several racketeering indictments, including charges against some of Atlanta’s hip-hop community, over her 20-year law career.
The court’s refusal to review the rules, as reported by The Intercept, prompted Josh Rosenthal, the legal director of the Public Rights Project, to express satisfaction with the outcome.
He stated:
“We are grateful that as a result of this decision, district attorneys throughout Georgia are not subject to removal for deciding how to best promote safety and justice.”
Rosenthal emphasized the significance of the court’s decision, noting that it leaves the Prosecuting Attorneys Qualifications Commission (PAQC) without the authority to act on any complaints.
Without approved rules, the Commission cannot lawfully investigate or discipline prosecutors across the state. This development is hailed as a crucial victory for communities’ ability to choose their vision for safety and justice.
Even some conservative district attorneys voiced concern over the Republican-led initiative. Towaliga Judicial Circuit District Attorney Jonathan Adams supported the legal action initiated by Rosenthal, stating:
“I have already received threats that members of the public plan to file superfluous, unsubstantial complaints against me under SB92. This comes after I have received death threats and had my home address disseminated online.”
Additionally, the Georgia Supreme Court expressed reservations about the constitutionality of allowing the commission’s recommendations. In their court order, the justices stated:
“Because we are under no legal directive to take action, the most prudent course for us is to decline to take action without conclusively deciding any constitutional question.”
Sherry Boston, another prosecutor challenging the Republican effort, viewed the court’s decision as a temporary relief, releasing a statement after the ruling. The statement said:
“We are pleased the justices have taken action to stop this unconstitutional attack on the state’s prosecutors. While we celebrate this as a victory, we remain steadfast in our commitment to fight any future attempts to undermine the will of Georgia voters and the independence of the prosecutors who they choose to represent them.”
