23 LC 48 0907S
H. B. 231 (SUB)
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House Bill 231 (COMMITTEE SUBSTITUTE)
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 Title 15 of the Official Code of Georgia Annotated, relating to general provisions
1
regarding prosecuting attorneys, so as to provide for the duty to examine every case for2
probable cause; create the Prosecuting Attorneys Oversight Commission; to provide for3
definitions; to provide for the powers, composition, appointment, and confirmation of such4
commission; to provide for commission members' terms, vacancies, and removals; to provide5
for procedures and confidentiality; to amend Chapter 4 of Title 21 of the Official Code of6
Georgia Annotated, relating to recall of public officers, so as to revise provisions relating to7
grounds for recall of district attorneys of judicial circuits and solicitors-general of state8
courts; to provide for related matters; to provide for effective dates; to repeal conflicting9
laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is13
amended by revising Code Section 15-18-6, relating to duties of district attorney, as follows:14
"15-18-6.15
The duties of the district attorneys within their respective circuits are:16 23 LC 48 0907S
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(1) To attend each session of the superior courts unless excused by the judge thereof and
17
to remain until the business of the state is disposed of;18
(2) To attend on the grand juries, advise them in relation to matters of law, and swear and19
examine witnesses before them;20
(3) To administer the oaths the laws require to the grand and trial jurors and to the21
bailiffs or other officers of the court and otherwise to aid the presiding judge in22
organizing the courts as he may require;23
(4) To review every individual case for which probable cause for prosecution exists, and
24
make a prosecutorial decision available under the law based on the facts and25
circumstances of each individual case under oath of duty as provided in Code Section26
15-18-2;27
(4)(5) To draw up all indictments or presentments, when requested by the grand jury, and28
to prosecute all indictable offenses;29
(5)(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section30
40-6-163 and to prosecute or defend any other civil action in the prosecution or defense31
of which the state is interested, unless otherwise specially provided for;32
(6)(7) To attend before the appellate courts when any criminal case emanating from their33
respective circuits is tried, to argue the same, and to perform any other duty therein which34
the interest of the state may require;35
(7)(8) To advise law enforcement officers concerning the sufficiency of evidence,36
warrants, and similar matters relating to the investigation and prosecution of criminal37
offenses;38
(8)(9) To collect all money due the state in the hands of any escheators and to pay it over39
to the educational fund, if necessary, compelling payment by rule or order of court or40
other legal means;41
(9)(10) To collect all claims of the state which they may be ordered to collect by the state42
revenue commissioner and to remit the same within 30 days after collection; and on43 23 LC 48 0907S
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October 1 of every year to report to the state revenue commissioner the condition of the
44
claims in their hands in favor of the state, particularly specifying:45
(A) The amounts collected and paid, from what sources received and for what46
purposes, and to whom paid;47
(B) What claims are unpaid and why;48
(C) What judgments have been obtained, when, and in what court; and49
(D) What actions are instituted, in what courts, and their present progress and future50
prospects;51
(10)
(11) To ensure disposition information is submitted in accordance with subsection52
(g) of Code Section 35-3-36 when a final disposition decision is made by a district53
attorney;54
(11)(12) To assist victims and witnesses of crimes through the complexities of the55
criminal justice system and ensure that the victims of crimes are apprised of the rights56
afforded them under the law; and57
(12)(13) To perform such other duties as are or may be required by law or which58
necessarily appertain to their office."59
SECTION 2.60
Said title is amended by adding a new Code section to read as follows:61
"15-18-32.62
(a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in63
reference to district attorneys and Article 3 of this chapter in reference to solicitors-general64
of state courts, there is hereby created the Prosecuting Attorneys Oversight Commission,65
which shall have the power to discipline, remove, and cause involuntary retirement of66
appointed or elected district attorneys or solicitors-general in accordance with such67
Paragraph. As used in this Code section, the term 'commission' means the Prosecuting68
Attorneys Oversight Commission.69 23 LC 48 0907S
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(b) The commission shall consist of eight members.70
(c)(1) The commission shall be divided into a five-member investigative panel and a71
three-member hearing panel.72
(2) The investigative panel shall be responsible for:73
(A) The investigative, prosecutorial, and administrative functions of the commission;74
(B) Investigation of alleged conduct constituting grounds for discipline under75
subsection (h) of this Code section;76
(C) The selection of an individual to serve as the director of the commission who shall77
be an active status member of the State Bar of Georgia and who shall not engage in the78
practice of law, other than to represent the commission; and79
(D) Authorization of employment of such additional staff as the commission deems80
necessary to carry out the powers assigned to the commission.81
(3) The hearing panel shall be responsible for:82
(A) Adjudicating formal charges filed by the investigative panel;83
(B) Issuing disciplinary and incapacity orders;84
(C) Issuing formal advisory opinions on its own initiative or on the recommendation85
of the investigative panel regarding the grounds for discipline set forth under86
subsection (h) of this Code section; and87
(D) Issuing standards on its own initiative or on the recommendation of the88
investigative panel. Any such standards shall elaborate, define, or provide context for89
the grounds for discipline as set forth in subsection (h) of this Code section.90
(d)(1) As used in this subsection, the term:91
(A) 'Attorney' means a lawyer who has been an active status member of the State Bar92
of Georgia for at least ten years and is a registered voter in this state.93
(B) 'Citizen' means an individual who is neither an attorney nor a judge and who is a94
registered voter in this state.95 23 LC 48 0907S
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(C) 'Judge' means an elected or appointed public official who presides over a court of96
record.97
(2) The Prosecuting Attorneys' Council may recommend to the respective appointing98
authorities a list of the names of individuals for consideration to serve as attorney99
commission members.100
(3)(A) The five members of the commission's investigative panel shall be appointed101
by the Georgia Supreme Court.102
(B) The investigative panel members shall annually elect a chairperson and vice103
chairperson for such panel.104
(4) The three members of the commission's hearing panel shall be appointed by the105
Georgia Supreme Court.106
(5) All members shall be appointed by October 1, 2023, and their initial terms shall begin107
on January 1, 2024; provided, however, that the initial term of a member under this108
paragraph shall not be construed as counting toward the limit of two full terms of service109
as provided for under paragraph (6) of this subsection.110
(6) A commission member shall be eligible to serve so long as he or she retains his or111
her status as an attorney, citizen, or district attorney, but a vacancy shall be created by112
operation of law when he or she no longer has the designation for which he or she was113
appointed. Any vacancy for a member shall be filled by the appointing authority, and114
such appointee shall serve the balance of the vacating member's unexpired term;115
provided, however, that, if the appointing authority fails to fill a vacancy within 60 days116
of being notified of such vacancy by the commission, the Georgia Supreme Court shall117
appoint a replacement member from the same category of member. Any member of the118
commission shall serve no more than two full terms.119
(e) Members and staff of the hearing panel shall not engage in any ex parte120
communications regarding a disciplinary or incapacity matter of a district attorney or121
solicitor-general, including with members and staff of the investigative panel.122 23 LC 48 0907S
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(f)(1) Each member of the commission shall be entitled to vote on any matter coming123
before his or her respective panel unless otherwise provided by rules adopted by the124
commission concerning recusal. The chairperson of the investigative panel and the125
presiding officer of the hearing panel shall retain a vote on all matters except those in126
which such chairperson or presiding officer has been recused. No commission member127
present at a panel meeting shall abstain from voting unless he or she is recused. The rules128
of the commission shall establish grounds for recusal and the process for allowing a129
temporary replacement of a commission member in such circumstance.130
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or131
conviction of a felony or any offense involving moral turpitude; misconduct,132
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend133
three or more panel meetings or hearings in a one-year period without good and134
sufficient reason; or abstaining from voting, unless recused.135
(B) Removal of a panel member for cause shall be by a unanimous vote of all members136
of the commission; provided, however, that the panel member who is the subject of the137
vote shall not vote.138
(3) A quorum of the investigative panel shall require any three members of such panel.139
(4)(A) Members of the commission shall serve without compensation but shall receive140
the same daily expense allowance as members of the General Assembly receive, as set141
forth in Code Section 28-1-8, for each day such member is in physical attendance at a142
panel meeting or hearing, plus either reimbursement for actual transportation costs143
while traveling by public transportation or the same mileage allowance for use of a144
personal motor vehicle in connection with such attendance as members of the General145
Assembly receive.146
(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such147
expense allowance or travel reimbursement if he or she is entitled to receive an expense148 23 LC 48 0907S
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allowance, travel reimbursement, or salary for performance of duties as a state149
employee.150
(C) Expense allowances and travel reimbursements shall be paid from moneys151
appropriated or otherwise available to the commission.152
(g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State153
of Georgia, shall promulgate standards of conduct and rules for the commission's154
governance which will comport with due process and enforce the provisions of subsections155
(h) and (i) of this Code section; provided, however, that such standards and rules shall be156
effective only upon review and adoption by the Supreme Court. Such standards and rules157
shall allow for a full investigation of a district attorney or solicitor-general only upon158
majority vote of the investigative panel. When a commission member receives information159
relating to the conduct of a district attorney or solicitor-general, such member shall provide160
such information to the commission's director for appropriate action. Any standards of161
conduct adopted shall be in aid of the judiciary in the performance of its functions and shall162
function jointly with the Georgia Rules of Professional Conduct of the State Bar of163
Georgia. The standards of conduct shall include a list of actions that will be grounds for164
discipline of a district attorney or solicitor-general or for his or her removal or involuntary165
retirement from office.166
(h) The following shall be grounds for discipline of a district attorney or solicitor-general167
or for his or her removal or involuntary retirement from office:168
(1) Mental or physical incapacity interfering with the performance of his or her duties169
which is, or is likely to become, permanent;170
(2) Willful misconduct in office;171
(3) Willful and persistent failure to perform his or her duties as provided by Code172
Sections 15-18-6 and 15-18-66;173
(4) Conviction of a crime involving moral turpitude;174 23 LC 48 0907S
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(5) Conduct prejudicial to the administration of justice which brings the office into175
disrepute;176
(6) Intentionally instructing, authorizing, or permitting an assistant district attorney or177
assistant solicitor-general or any other staff member to commit any act constituting178
grounds for removal under paragraphs (1) through (5) of this subsection; or179
(7) Violation of the Georgia Rules of Professional Conduct of the State Bar of Georgia,180
including, but not limited to, Rule 3.8 of the Georgia Rules of Professional Conduct of181
the State Bar of Georgia regarding special responsibilities of a prosecutor.182
(i)(1) In any complaint filed with the commission alleging a violation of subsection (h)183
and requesting an investigation of an elected or appointed district attorney or184
solicitor-general, the complainant shall be required to file with the commission a sworn185
affidavit detailing the personal knowledge of the facts supporting the complaint,186
including any interest the complainant may have in the outcome of the case. The187
complainant may attach documents to support the complaint. Nothing in this Code188
section shall be construed to limit the ability of the commission to bring a complaint189
pursuant to this Code section on its own motion.190
(2) The commission may not entertain a complaint on the basis of a charging decision,191
plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,192
or recommendation regarding bond unless the affidavits and any documents attached to193
the complaint show it is likely that the district attorney or solicitor-general made or194
knowingly authorized the decision based on:195
(A) Undue bias;196
(B) An undisclosed financial interest in the outcome of the prosecution;197
(C) An undisclosed conflict of interest, including where the district attorney or198
solicitor-general are related by consanguinity or affinity to any party interested in the199
result of the case or matter within the third degree as computed according to the civil200
law;201 23 LC 48 0907S
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(D) Factors that are completely unrelated to the duties of prosecution; or202
(E) A stated policy, written or otherwise, which demonstrates that the district attorney203
or solicitor-general categorically refuses to prosecute any offense or offenses of which204
he or she is required by law to prosecute.205
(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney206
or solicitor-general shall be kept confidential by the investigative panel and commission207
staff before formal charges are filed; provided, however, that, if prior to filing formal208
charges such district attorney or solicitor general and investigative panel agree to a209
satisfactory disposition of a disciplinary matter other than by a private admonition or210
deferred discipline agreement, a report of such disposition shall be publicly filed in the211
Supreme Court.212
(2) After the filing and service of formal charges:213
(A) With respect to an incapacity matter of a district attorney or solicitor-general, all214
pleadings, information, hearings, and proceedings shall remain confidential; and215
(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all216
pleadings and information shall be subject to disclosure to the public, and all hearings217
and proceedings shall be open and available to the public, except to the extent that such218
pleadings and information or hearings and proceedings could be properly sealed or219
closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided220
by law.221
(3) With respect to administrative and other matters, all records and information shall be222
subject to disclosure to the public, and all meetings, or portions thereof, shall be open and223
available to the public, except to the extent that such records, information, and meetings224
would:225
(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in226
paragraph (1) of this subsection;227 23 LC 48 0907S
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(B) Disclose incapacity matters of a district attorney or solicitor-general protected in228
paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;229
(C) Be considered a matter subject to executive session, if the commission were230
considered to be an agency under Chapter 14 of Title 50; or231
(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the232
commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.233
(4) The work product of the commission and its staff and the deliberations of the234
commission shall remain confidential.235
(k) Notwithstanding subsection (j) of this Code section, information regarding a236
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed237
or the confidentiality of such information may be removed when:238
(1) The privilege of confidentiality has been waived by the individual who was the239
subject of the commission's investigation; or240
(2) The commission's rules provide for disclosure:241
(A) In the interest of justice and to protect the public;242
(B) If an emergency situation exists; or243
(C) If a district attorney or solicitor-general is under consideration for another state or244
federal position.245
(l) Information submitted to the commission or its staff, and testimony given in any246
proceeding before the commission or one of its panels, shall be absolutely privileged, and247
no civil action predicated upon such information or testimony shall be instituted against248
any complainant, witness, or his or her counsel.249
(m) A respondent who is subjected to public reprimand, censure, limitation on the250
performance of prosecutorial duties, suspension, retirement, or removal shall be entitled251
to a copy of the proposed record to be filed with the Supreme Court and, if the respondent252
has objections to it, to have the record settled by the hearing panel's presiding officer. The253 23 LC 48 0907S
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hearing panel's order in a disciplinary or incapacity matter shall be reviewed by the254
Supreme Court in accordance with its rules and the rules of the commission.255
(n) The commission shall commence by October 1, 2023, and the rules and regulations256
promulgated by such commission shall be established no later than April 1, 2024. No257
complaint shall be filed before April 1, 2024.258
(o) The authority of the commission shall be limited to incapacity or discipline regarding259
the conduct of a district attorney or solicitor-general as a holder of such office. Nothing260
in this Code section shall be construed as diminishing the authority of the Supreme Court261
or the State Bar of Georgia to regulate the practice of law in this state.262
(p)In the event that a district attorney or solicitor-general is removed or involuntarily263
retired pursuant to this Code section, such individual shall be disqualified from being264
appointed or elected to the office of district attorney of any judicial circuit or the office of265
solicitor-general of any county of this state for a period of ten years from the date of such266
removal or involuntary retirement."267
SECTION 3.268
Said title is further amended by revising paragraph (1) of subsection (b) of Code Section269
15-18-66, relating to duties and authority regarding solicitors-general, as follows:270
"(1) To review every individual case for which probable cause for prosecution exists, and271
make a prosecutorial decision available under the law based on the facts and272
circumstances of each individual case under oath of duty as provided in Code Section273
15-18-2, and, if necessary, investigate all criminal cases which may be prosecuted in state274
court;"275
SECTION 4.276
Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public277
officers, is amended by revising paragraph (7) of Code Section 21-4-3, relating to definitions,278
as follows:279 23 LC 48 0907S
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"(7) 'Grounds for recall' means:
280
(A) That the official has, while holding public office, conducted himself or herself in281
a manner which relates to and adversely affects the administration of his or her office282
and adversely affects the rights and interests of the public; and283
(B) That the official: 284
(i) Has committed an act or acts of malfeasance while in office;285
(ii) Has violated his or her oath of office; 286
(iii) Has committed an act of misconduct in office; 287
(iv) Is guilty of a failure to perform duties prescribed by law; or288
(v) Has willfully misused, converted, or misappropriated, without authority, public289
property or public funds entrusted to or associated with the elective office to which290
the official has been elected or appointed. 291
Discretionary performance of a lawful act or a prescribed duty shall not constitute a292
ground for recall of an elected public official; provided, however, that a judicial circuit
293
district attorney's failure to perform the duties provided for in Code Section 15-18-6 or294
a state court solicitor-general's failure to perform the duties provided for in Code Section295
15-18-66 shall constitute grounds for a recall of such elected official."296
SECTION 5.297
This Act shall become effective for purposes of appointing members of the commission upon298
the approval of this Act by the Governor or upon its becoming law without such approval.299
SECTION 6.300
All laws and parts of laws in conflict with this Act are repealed.301