Georgia House Bill HB229

Georgia 2023-2024 Regular Session

• Introduced: 2/2/23

Caption

Courts; grounds for recall of district attorneys of judicial circuits and solicitors-general of state courts; revise provisions

Impact

Beyond its changes to prosecutorial duties, HB 229 also revises the grounds for the recall of district attorneys and solicitors-general. It establishes clearer criteria for what constitutes sufficient grounds for recall, including malfeasance, violation of the oath of office, and failure to fulfill legal duties. This adjustment aims to provide citizens with better mechanisms to hold their public officials accountable, thereby enhancing governance and public trust in the prosecutorial system.

Summary

House Bill 229 proposes significant amendments to the Official Code of Georgia regarding the roles and responsibilities of district attorneys and solicitors-general. The bill introduces a duty for district attorneys to examine every case for probable cause, ensuring that prosecutorial decisions are made based on the specifics of each case. This aims to enhance the accountability of prosecutors and improve the judicial process in Georgia, addressing concerns about the quality of prosecution across various judicial circuits.

Contention

While supporters argue that these measures will promote transparency and public oversight over district attorneys, opponents may voice concerns regarding the potential for misuse of the recall process. Critics may argue that the new grounds for recall could be exploited for political purposes, which could discourage capable individuals from seeking public office. The definition of grounds for recall could lead to heightened tension between elected officials and their constituents, as any decision perceived as unpopular may prompt a recall effort, fostering an adversarial rather than cooperative government environment.