23 LC 48 0745
H. B. 231
- 1 -
House Bill 231
By: Representatives Gullett of the 19
th
, Gaines of the 120
th
, Jones of the 47
th
, Gunter of the
8
th
, Petrea of the 166
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding prosecuting attorneys, so as to create the Prosecuting2
Attorneys Oversight Commission; to provide for definitions; to provide for the powers,3
composition, appointment, and confirmation of such commission; to provide for commission4
members' terms, vacancies, and removals; to provide for procedures and confidentiality; to5
provide for related matters; to provide for effective dates; to repeal conflicting laws; and for6
other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to10
general provisions regarding prosecuting attorneys, is amended by adding a new Code11
section to read as follows:12
"15-18-32.
13
(a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in14
reference to district attorneys and Article 3 of this chapter in reference to solicitors-general15
of state courts, there is hereby created the Prosecuting Attorneys Oversight Commission,16 23 LC 48 0745
H. B. 231
- 2 -
which shall have the power to discipline, remove, and cause involuntary retirement of17
appointed or elected district attorneys or solicitors-general in accordance with such18
Paragraph. As used in this Code section, the term 'commission' means the Prosecuting19
Attorneys Oversight Commission.20
(b) The commission shall consist of eight members.21
(c)(1) The commission shall be divided into a five-member investigative panel and a22
three-member hearing panel.23
(2) The investigative panel shall be responsible for:24
(A) The investigative, prosecutorial, and administrative functions of the commission;25
(B) Investigation of alleged conduct constituting grounds for discipline under26
subsection (h) of this Code section;27
(C) The selection of an individual to serve as the director of the commission who shall28
be an active status member of the State Bar of Georgia and who shall not engage in the29
practice of law, other than to represent the commission; and30
(D) Authorization of employment of such additional staff as the commission deems31
necessary to carry out the powers assigned to the commission.32
(3) The hearing panel shall be responsible for:33
(A) Adjudicating formal charges filed by the investigative panel;34
(B) Issuing disciplinary and incapacity orders;35
(C) Issuing formal advisory opinions on its own initiative or on the recommendation36
of the investigative panel regarding the grounds for discipline set forth under37
subsection (i) of this Code section; and38
(D) Issuing standards on its own initiative or on the recommendation of the39
investigative panel. Any such standards shall elaborate, define, or provide context for40
the grounds for discipline as set forth in subsection (i) of this Code section.41
(d)(1) As used in this subsection, the term:42 23 LC 48 0745
H. B. 231
- 3 -
(A) 'Attorney' means a lawyer who has been an active status member of the State Bar43
of Georgia for at least ten years and is a registered voter in this state.44
(B) 'Citizen' means an individual who is neither an attorney nor a judge and who is a45
registered voter in this state.46
(C) 'Judge' means an elected or appointed public official who presides over a court of47
record.48
(2) The Prosecuting Attorneys' Council may recommend to the respective appointing49
authorities a list of the names of individuals for consideration to serve as attorney50
commission members.51
(3)(A) The five members of the commission's investigative panel shall be appointed52
as follows:53
(i) One attorney with prosecutorial experience as an elected district attorney shall be54
appointed by the Governor and shall serve a term of four years; provided, however,55
that the initial appointment shall be for three years, and thereafter, successors to such56
member shall serve terms of four years;57
(ii) One attorney with prosecutorial experience shall be appointed by the Lieutenant58
Governor and shall serve a term of four years; provided, however, that the initial59
appointment shall be for two years, and thereafter, successors to such member shall60
serve terms of four years;61
(iii) Two practicing attorneys shall be appointed by the Speaker of the House of62
Representatives and each shall serve terms of four years; provided, however, that the63
initial appointment of one attorney member as designated by the Speaker of the House64
of Representatives shall be for four years and the initial appointment of the other65
attorney member as designated by the Speaker of the House of Representatives shall66
be for one year, and thereafter, successors to such members shall serve terms of four67
years; and68 23 LC 48 0745
H. B. 231
- 4 -
(iv) One former district attorney or former solicitor general shall be appointed by the69
Senate Committee on Assignments and shall serve a term of four years; provided,70
however, that the initial appointment shall be for three years, and thereafter,71
successors to such member shall serve terms of four years.72
(B) The investigative panel members shall annually elect a chairperson and vice73
chairperson for such panel.74
(4) The three members of the commission's hearing panel shall be appointed as follows:75
(A) One citizen member shall be appointed by the Governor for a term of four years76
and his or her successors shall serve terms of four years;77
(B) One district attorney shall be appointed by a vote of the Senate Committee on78
Assignments and shall be presiding officer of the hearing panel and shall serve a term79
of four years; provided, however, that the initial appointment shall be for one year, and80
thereafter, successors to such member shall serve terms of four years; and81
(C) One former judge of the superior court or Court of Appeals or former Justice who82
shall have at least ten years of service as a judge or Justice shall be appointed by the83
Speaker of the House of Representatives and shall serve a term of four years; provided,84
however, that the initial appointment shall be for three years, and thereafter, successors85
to such member shall serve terms of four years.86
(5) All members shall be appointed by December 1, 2023, and their initial terms shall87
begin on January 1, 2024; provided, however, that the initial term of a member under this88
paragraph shall not be construed as counting toward the limit of two full terms of service89
as provided for under paragraph (6) of this subsection.90
(6) A commission member shall be eligible to serve so long as he or she retains his or91
her status as an attorney, citizen, or district attorney, but a vacancy shall be created by92
operation of law when he or she no longer has the designation for which he or she was93
appointed. Any vacancy for a member shall be filled by the appointing authority, and94
such appointee shall serve the balance of the vacating member's unexpired term;95 23 LC 48 0745
H. B. 231
- 5 -
provided, however, that, if the appointing authority fails to fill a vacancy within 60 days96
of being notified of such vacancy by the commission, the Governor shall appoint a97
replacement member from the same category of member. Any member of the98
commission shall serve no more than two full terms.99
(e)(1) The names of the appointees by the Governor pursuant to this Code section shall100
be submitted by the Governor to the Senate no later than December 31, 2023. Any101
member appointed by the Governor to the commission shall serve until the Senate102
confirms such appointee, and if an individual's name is not submitted by such deadline,103
he or she shall not be eligible for confirmation.104
(2) If an appointee of the Governor is not confirmed by the Senate, the Governor shall105
promptly submit another appointee's name, notwithstanding the deadline expressed in106
paragraph (1) of this subsection.107
(3) If the Senate is not in session at the time a Governor's appointee's term begins or a108
vacancy is created, an appointee for such term or to fill such vacancy shall be effective109
until his or her name can be submitted to the Senate and his or her appointment can be110
confirmed at the next regular session.111
(f) Members and staff of the hearing panel shall not engage in any ex parte112
communications regarding a disciplinary or incapacity matter of a district attorney or113
solicitor-general, including with members and staff of the investigative panel.114
(g)(1) Each member of the commission shall be entitled to vote on any matter coming115
before his or her respective panel unless otherwise provided by rules adopted by the116
commission concerning recusal. The chairperson of the investigative panel and the117
presiding officer of the hearing panel shall retain a vote on all matters except those in118
which such chairperson or presiding officer has been recused. No commission member119
present at a panel meeting shall abstain from voting unless he or she is recused. The rules120
of the commission shall establish grounds for recusal and the process for allowing a121
temporary replacement of a commission member in such circumstance.122 23 LC 48 0745
H. B. 231
- 6 -
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or123
conviction of a felony or any offense involving moral turpitude; misconduct,124
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend125
three or more panel meetings or hearings in a one-year period without good and126
sufficient reason; or abstaining from voting, unless recused.127
(B) Removal of a panel member for cause shall be by a unanimous vote of all members128
of the commission; provided, however, that the panel member who is the subject of the129
vote shall not vote.130
(3) A quorum of the investigative panel shall require any three members of such panel.131
(4)(A) Members of the commission shall serve without compensation but shall receive132
the same daily expense allowance as members of the General Assembly receive, as set133
forth in Code Section 28-1-8, for each day such member is in physical attendance at a134
panel meeting or hearing, plus either reimbursement for actual transportation costs135
while traveling by public transportation or the same mileage allowance for use of a136
personal motor vehicle in connection with such attendance as members of the General137
Assembly receive.138
(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such139
expense allowance or travel reimbursement if he or she is entitled to receive an expense140
allowance, travel reimbursement, or salary for performance of duties as a state141
employee.142
(C) Expense allowances and travel reimbursements shall be paid from moneys143
appropriated or otherwise available to the commission.144
(h) The commission, with the assistance of the Prosecuting Attorneys' Council of the State145
of Georgia, shall promulgate standards of conduct and rules for the commission's146
governance which will comport with due process and enforce the provisions of subsections147
(i) and (j) of this Code section; provided, however, that such standards and rules shall be148
effective only upon review and adoption by the Supreme Court. Such standards and rules149 23 LC 48 0745
H. B. 231
- 7 -
shall allow for a full investigation of a district attorney or solicitor-general only upon150
majority vote of the investigative panel. When a commission member receives information151
relating to the conduct of a district attorney or solicitor-general, such member shall provide152
such information to the commission's director for appropriate action. Any standards of153
conduct adopted shall be in aid of the judiciary in the performance of its functions and shall154
function jointly with the Georgia Rules of Professional Conduct of the State Bar of155
Georgia. The standards of conduct shall include a list of actions that will be grounds for156
discipline of a district attorney or solicitor-general or for his or her removal or involuntary157
retirement from office.158
(i) The following shall be grounds for discipline of a district attorney or solicitor-general159
or for his or her removal or involuntary retirement from office:160
(1) Mental or physical incapacity interfering with the performance of his or her duties161
which is, or is likely to become, permanent;162
(2) Willful misconduct in office;163
(3) Willful and persistent failure to perform his or her duties as provided by Code164
Sections 15-18-6 and 15-18-66;165
(4) Conviction of a crime involving moral turpitude;166
(5) Conduct prejudicial to the administration of justice which brings the office into167
disrepute;168
(6) Intentionally instructing, authorizing, or permitting an assistant district attorney or169
assistant solicitor-general or any other staff member to commit any act constituting170
grounds for removal under paragraphs (1) through (5) of this subsection; or171
(7) Violation of the Georgia Rules of Professional Conduct of the State Bar of Georgia,172
including, but not limited to, Rule 3.8 of the Georgia Rules of Professional Conduct of173
the State Bar of Georgia regarding special responsibilities of a prosecutor.174
(j)(1) In any complaint filed with the commission alleging a violation of subsection (h)175
and requesting an investigation of an elected or appointed district attorney or176 23 LC 48 0745
H. B. 231
- 8 -
solicitor-general, the complainant shall be required to file with the commission a sworn177
affidavit detailing the personal knowledge of the facts supporting the complaint,178
including any interest the complainant may have in the outcome of the case. The179
complainant may attach documents to support the complaint. Nothing in this Code180
section shall be construed to limit the ability of the commission to bring a complaint181
pursuant to this Code section on its own motion.182
(2) The commission may not entertain a complaint on the basis of a charging decision,183
plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,184
or recommendation regarding bond unless the affidavits and any documents attached to185
the complaint show it is likely that the district attorney or solicitor-general made or186
knowingly authorized the decision based on:187
(A) Undue bias;188
(B) A lack of probable cause;189
(C) An undisclosed financial interest in the outcome of the prosecution;190
(D) An undisclosed conflict of interest;191
(E) Factors that are completely unrelated to the duties of prosecution; or192
(F) A stated policy, written or otherwise, which demonstrates that the district attorney193
or solicitor-general categorically refuses to prosecute any offense or offenses of which194
he or she is required by law to prosecute.195
(k)(1) All information regarding a disciplinary or incapacity matter of a district attorney196
or solicitor-general shall be kept confidential by the investigative panel and commission197
staff before formal charges are filed; provided, however, that, if prior to filing formal198
charges such district attorney or solicitor general and investigative panel agree to a199
satisfactory disposition of a disciplinary matter other than by a private admonition or200
deferred discipline agreement, a report of such disposition shall be publicly filed in the201
Supreme Court.202
(2) After the filing and service of formal charges:203 23 LC 48 0745
H. B. 231
- 9 -
(A) With respect to an incapacity matter of a district attorney or solicitor-general, all204
pleadings, information, hearings, and proceedings shall remain confidential; and205
(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all206
pleadings and information shall be subject to disclosure to the public, and all hearings207
and proceedings shall be open and available to the public, except to the extent that such208
pleadings and information or hearings and proceedings could be properly sealed or209
closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided210
by law.211
(3) With respect to administrative and other matters, all records and information shall be212
subject to disclosure to the public, and all meetings, or portions thereof, shall be open and213
available to the public, except to the extent that such records, information, and meetings214
would:215
(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in216
paragraph (1) of this subsection;217
(B) Disclose incapacity matters of a district attorney or solicitor-general protected in218
paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;219
(C) Be considered a matter subject to executive session, if the commission were220
considered to be an agency under Chapter 14 of Title 50; or221
(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the222
commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.223
(4) The work product of the commission and its staff and the deliberations of the224
commission shall remain confidential.225
(l) Notwithstanding subsection (k) of this Code section, information regarding a226
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed227
or the confidentiality of such information may be removed when:228
(1) The privilege of confidentiality has been waived by the individual who was the229
subject of the commission's investigation; or230 23 LC 48 0745
H. B. 231
- 10 -
(2) The commission's rules provide for disclosure:231
(A) In the interest of justice and to protect the public;232
(B) If an emergency situation exists; or233
(C) If a district attorney or solicitor-general is under consideration for another state or234
federal position.235
(m) Information submitted to the commission or its staff, and testimony given in any236
proceeding before the commission or one of its panels, shall be absolutely privileged, and237
no civil action predicated upon such information or testimony shall be instituted against238
any complainant, witness, or his or her counsel.239
(n) A respondent who is subjected to public reprimand, censure, limitation on the240
performance of prosecutorial duties, suspension, retirement, or removal shall be entitled241
to a copy of the proposed record to be filed with the Supreme Court and, if the respondent242
has objections to it, to have the record settled by the hearing panel's presiding officer. The243
hearing panel's order in a disciplinary or incapacity matter shall be reviewed by the244
Supreme Court in accordance with its rules and the rules of the commission.245
(o) The commission shall commence by January 1, 2024, and the rules and regulations246
promulgated by such commission shall be established no later than July 1, 2024. No247
complaint shall be filed before July 1, 2024.248
(p) The authority of the commission shall be limited to incapacity or discipline regarding249
the conduct of a district attorney or solicitor-general as a holder of such office. Nothing250
in this Code section shall be construed as diminishing the authority of the Supreme Court251
or the State Bar of Georgia to regulate the practice of law in this state."252
SECTION 2.253
This Act shall become effective for purposes of appointing members of the commission upon254
the approval of this Act by the Governor or upon its becoming law without such approval.255
This Act shall become effective for all other purposes on July 1, 2023.256 23 LC 48 0745
H. B. 231
- 11 -
SECTION 3.
257
All laws and parts of laws in conflict with this Act are repealed.258