The Associated Press released a report last evening with the headline: “Kemp signs Georgia law reviving prosecutor sanctions panel. Democrats fear it’s aimed at Fani Willis.” The article highlights the recent action by Georgia Governor Brian Kemp (R) who signed a new law on Wednesday empowering the state’s Prosecuting Attorneys Qualifications Commission to discipline and potentially remove local prosecutors deemed to have acted improperly.
This law, which was enacted last spring, was initially set to commence operations in October. However, its implementation was delayed since November following the state Supreme Court’s refusal to uphold regulations concerning its oversight authority.
Although the commission has yet to review any cases, one of the earliest complaints lodged pertains to Fulton County District Attorney Fani Willis. This complaint, filed by eight Georgia Senate Republicans, coincided closely with Willis’ office indicting Donald Trump and 18 associates on state racketeering charges, among others.
Fani Willis (Credits: The Hills)
Governor Kemp’s endorsement of the law yesterday eliminates the requirement for the state Supreme Court’s approval of the commission’s governance rules, enabling it to function as intended.
Kemp emphasized during the signing ceremony that the commission’s purpose is to hold “rogue and incompetent prosecutors” accountable for failing to uphold the law. However, critics argue that the commission has been strategically devised to shield Trump.
The genesis of this initiative can be traced back to 2022 when Kemp and other Georgia Republicans began advocating for measures to exert control over district attorneys whose prosecutorial decisions they opposed. This aligns with a broader trend among Republican governors, including Florida’s Ron DeSantis, who targeted a district attorney unwilling to prosecute individuals seeking abortions.
The underlying motive behind the establishment of the commission was evident from the outset. Representative Marjorie Taylor Greene (R-GA) explicitly stated that the bill was introduced preemptively as a retaliation plan against Willis, particularly if she pursued charges against Trump.
This intention was underscored even before Willis brought any charges against Trump or underwent questioning regarding her personal relationship with one of the prosecutors involved in the case.
While the new law is expected to encounter legal challenges, particularly regarding the complaint against Willis, its implications warrant attention as we await a verdict on the disqualification decision from Superior Court Judge Scott McAfee.
