Georgia Supreme Court Blocks GOP Attack on Trump Prosecutor — For Now
On Wednesday, Georgia’s highest court effectively blocked legislators from using a new law to remove the prosecutor who indicted former President Donald Trump. The law is one of more than 30 introduced in recent years, targeting elected prosecutors who lawmakers disagree with and specifically focusing on those implementing criminal justice reforms and prosecuting police misconduct.
The Georgia Supreme Court ordered that it would not review proposed rules governing a new commission with the power to discipline and remove elected prosecutors, including Fulton County District Attorney Fani Willis, who indicted Trump. Without such a review, the agency is unable to operate.
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, said DeKalb County District Attorney Sherry Boston in a statement.
The bill to restrict the authority of prosecutors gained traction as reform prosecutors started winning office, but it faced significant opposition until recent years. In the era of Trump, the George Floyd protest movement, and concerns about increasing crime rates, polarized legislatures have swiftly passed similar measures.
Republican Rep. Houston Gaines, who helped push the bill through, expressed determination to continue the fight until the commission’s rules are approved and prosecutors can be removed. Gaines stated, As soon as the legislature can address this final issue from the court, rogue prosecutors will be held accountable.
The Georgia law received support from both chambers of the legislature. While many of the passed laws targeted prosecutors implementing bail reform or opting not to charge for drug possession, Willis became a target under the Georgia law after she indicted Trump in August.
Georgia Republicans immediately vowed to use the law to remove Willis from office. Republican Gov. Brian Kemp signed the bill into law in May, making Georgia one of at least five states to enact legislation to restrict or undermine prosecutors since 2017.
However, more than a third of states have attempted to pass similar bills, with a total of 30 pieces of legislation introduced over the same period.
In August, four elected prosecutors in Georgia, including Sherry Boston, filed a lawsuit to prevent the law from taking effect. The plaintiffs argued that the law could be used to restrict the authority of prosecutors across the political spectrum, not just reform-minded individuals.
The lawsuit received support from Towaliga Judicial Circuit District Attorney Jonathan Adams, a conservative who was concerned about how the law might limit prosecutors’ discretion regardless of their ideology. Adams had already retracted guidelines for prosecuting certain adultery crimes out of fear that he could be vulnerable to removal under the new law.
I have already received threats that members of the public plan to file superfluous, unsubstantial complaints against me under SB92, Adams stated. This comes after I have received death threats and had my home address disseminated online.
The court’s order revealed its doubts regarding the constitutional power to take action on the draft standards and rules of the prosecutorial commission. The court decided not to take action on the court’s own accord without a conclusive decision on the constitutional question.
As a result, the commission cannot commence its work without approval from the court.
Josh Rosenthal, legal director at the Public Rights Project, the organization leading the lawsuit against the law, stated, The Georgia Supreme Court recognized what we have said throughout this litigation: SB 92 is a flawed law. 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.
The decision is seen as a victory for communities’ ability to choose their vision for safety and justice and to elect district attorneys who reflect those views.
In conclusion, the Georgia Supreme Court’s ruling temporarily halts the GOP’s attempt to remove the prosecutor who indicted former President Donald Trump. The court’s decision prevents the implementation of a new law that aimed to discipline and remove elected prosecutors. While the court’s order is seen as a victory for elected prosecutors, it is uncertain whether the fight to remove prosecutors seen as rogue will continue in the future.
