24 LC 57 0045
House Bill 983
By: Representatives Scott of the 76
th
, Davis of the 87
th
, and Schofield of the 63
rd
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 relative to prosecuting attorneys, so as to repeal and reserve2
Code Section 15-18-32, relating to the Prosecuting Attorneys Qualifications Commission,3
authority, membership, ex parte communications, governance, disciplinary actions,4
confidentially, and privileged nature; to provide for related matters; to repeal conflicting5
laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to9
general provisions relative to prosecuting attorneys, is amended by revising Code Section10
15-18-32, relating to the Prosecuting Attorneys Qualifications Commission, authority,11
membership, ex parte communications, governance, disciplinary actions, confidentially, and12
privileged nature, as follows:13
"15-18-32.14
(a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in
15
reference to district attorneys and Article 3 of this chapter in reference to solicitors-general16
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of state courts, there is hereby created the Prosecuting Attorneys Qualifications17
Commission, which shall have the power to discipline, remove, and cause involuntary18
retirement of appointed or elected district attorneys or solicitors-general in accordance with19
such Paragraph. As used in this Code section, the term 'commission' means the Prosecuting20
Attorneys Qualifications Commission.21
(b) The commission shall consist of eight members.22
(c)(1) The commission shall be divided into a five-member investigative panel and a23
three-member hearing panel.24
(2) The investigative panel shall be responsible for:25
(A) The investigative, prosecutorial, and administrative functions of the commission;26
(B) Investigation of alleged conduct constituting grounds for discipline under27
subsection (h) of this Code section;28
(C) The selection of an individual to serve as the director of the commission who shall29
be an active status member of the State Bar of Georgia and who shall not engage in the30
practice of law, other than to represent the commission; and31
(D) Authorization of employment of such additional staff as the commission deems32
necessary to carry out the powers assigned to the commission.33
(3) The hearing panel shall be responsible for:34
(A) Adjudicating formal charges filed by the investigative panel;35
(B) Issuing disciplinary and incapacity orders;36
(C) Issuing formal advisory opinions on its own initiative or on the recommendation37
of the investigative panel regarding the grounds for discipline set forth under subsection38
(h) of this Code section; and39
(D) Issuing standards on its own initiative or on the recommendation of the40
investigative panel. Any such standards shall elaborate, define, or provide context for41
the grounds for discipline as set forth in subsection (h) of this Code section.42
(d)(1) As used in this subsection, the term:43
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(A) 'Attorney' means a lawyer who has been an active status member of the State Bar44
of Georgia for at least ten years and is a registered voter in this state.45
(B) 'Judge' means an elected or appointed public official who presides over a court of46
record.47
(2) The Prosecuting Attorneys' Council of the State of Georgia may recommend to the48
respective appointing authorities a list of the names of individuals for consideration to49
serve as attorney commission members.50
(3)(A) The five members of the commission's investigative panel shall be appointed51
as follows:52
(i) One attorney with prosecutorial experience as an elected district attorney or53
elected solicitor-general shall be appointed by the Governor and shall serve a term of54
four years; provided, however, that the initial appointment shall be for three years,55
and thereafter, successors to such member shall serve terms of four years;56
(ii) One attorney with at least five years of service as an assistant district attorney or57
an assistant solicitor-general shall be appointed by the Lieutenant Governor and shall58
serve a term of four years; provided, however, that the initial appointment shall be for59
two years, and thereafter, successors to such member shall serve terms of four years;60
(iii) Two practicing attorneys shall be appointed by the Speaker of the House of61
Representatives and each shall serve terms of four years; provided, however, that the62
initial appointment of one attorney member as designated by the Speaker of the House63
of Representatives shall be for four years and the initial appointment of the other64
attorney member as designated by the Speaker of the House of Representatives shall65
be for one year, and thereafter, successors to such members shall serve terms of four66
years; and67
(iv) One attorney with at least five years of service as an assistant district attorney or68
an assistant solicitor-general shall be appointed by the Senate Committee on69
Assignments and shall serve a term of four years; provided, however, that the initial70
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appointment shall be for three years, and thereafter, successors to such member shall71
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 elected district attorney or elected solicitor-general shall be appointed by the76
Governor for a term of four years and his or her successors shall serve terms of four77
years; provided, however, that the initial appointment shall be for three years, and78
thereafter, successors to such member shall serve terms of four years;79
(B) One elected district attorney or elected solicitor-general shall be appointed by the80
Senate Committee on Assignments and shall be the presiding officer of the hearing81
panel and shall serve a term of four years; provided, however, that the initial82
appointment shall be for one year, and thereafter, successors to such member shall serve83
terms of four years; and84
(C) One former judge of the superior court or Court of Appeals or former Justice who85
shall have at least ten years of service as a judge or Justice and has formerly been a86
district attorney or a solicitor-general shall be appointed by the Speaker of the House87
of Representatives and shall serve a term of four years; provided, however, that the88
initial appointment shall be for three years, and thereafter, successors to such member89
shall serve terms of four years.90
(5) All members shall be appointed by and their initial terms shall begin on July 1, 2023;91
provided, however, that the initial term of a member under this paragraph shall not be92
construed as counting toward the limit of two full terms of service as provided for under93
paragraph (6) of this subsection.94
(6) A commission member shall be eligible to serve so long as he or she retains his or95
her status as an attorney, citizen, or district attorney, but a vacancy shall be created by96
operation of law when he or she no longer has the designation for which he or she was97
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appointed. Any vacancy for a member shall be filled by the appointing authority, and98
such appointee shall serve the balance of the vacating member's unexpired term;99
provided, however, that, if the appointing authority fails to fill a vacancy within 60 days100
of being notified of such vacancy by the commission, the Governor shall appoint a101
replacement member from the same category of member. Any member of the102
commission shall serve no more than two full terms.103
(e) Members and staff of the hearing panel shall not engage in any ex parte104
communications regarding a disciplinary or incapacity matter of a district attorney or105
solicitor-general, including with members and staff of the investigative panel.106
(f)(1) Each member of the commission shall be entitled to vote on any matter coming107
before his or her respective panel unless otherwise provided by rules adopted by the108
commission concerning recusal. The chairperson of the investigative panel and the109
presiding officer of the hearing panel shall retain a vote on all matters except those in110
which such chairperson or presiding officer has been recused. No commission member111
present at a panel meeting shall abstain from voting unless he or she is recused. The rules112
of the commission shall establish grounds for recusal and the process for allowing a113
temporary replacement of a commission member in such circumstance.114
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or115
conviction of a felony or any offense involving moral turpitude; misconduct,116
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend117
three or more panel meetings or hearings in a one-year period without good and118
sufficient reason; or abstaining from voting, unless recused.119
(B) Removal of a panel member for cause shall be by a unanimous vote of all members120
of the commission; provided, however, that the panel member who is the subject of the121
vote shall not vote.122
(3) A quorum of the investigative panel shall require any three members of such panel.123
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(4)(A) Members of the commission shall serve without compensation but shall receive124
the same daily expense allowance as members of the General Assembly receive, as set125
forth in Code Section 28-1-8, for each day such member is in physical attendance at a126
panel meeting or hearing, plus either reimbursement for actual transportation costs127
while traveling by public transportation or the same mileage allowance for use of a128
personal motor vehicle in connection with such attendance as members of the General129
Assembly receive.130
(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such131
expense allowance or travel reimbursement if he or she is entitled to receive an expense132
allowance, travel reimbursement, or salary for performance of duties as a state133
employee.134
(C) Expense allowances and travel reimbursements shall be paid from moneys135
appropriated or otherwise available to the commission.136
(g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State137
of Georgia, shall promulgate standards of conduct and rules for the commission's138
governance which will comport with due process and enforce the provisions of subsections139
(h) and (i) of this Code section; provided, however, that such standards and rules shall be140
effective only upon review and adoption by the Supreme Court. Such standards and rules141
shall allow for a full investigation of a district attorney or solicitor-general only upon142
majority vote of the investigative panel. When a commission member receives information143
relating to the conduct of a district attorney or solicitor-general, such member shall provide144
such information to the commission's director for appropriate action.145
(h) The following shall be grounds for discipline of a district attorney or solicitor-general146
or for his or her removal or involuntary retirement from office:147
(1) Mental or physical incapacity interfering with the performance of his or her duties148
which is, or is likely to become, permanent;149
(2) Willful misconduct in office;150
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(3) With respect to district attorneys, willful and persistent failure to carry out duties151
pursuant to Code Section 15-18-6;152
(4) With respect to solicitors-general, willful and persistent failure to carry out duties153
pursuant to Code Section 15-18-66;154
(5) Conviction of a crime involving moral turpitude;155
(6) Conduct prejudicial to the administration of justice which brings the office into156
disrepute; or157
(7) Knowingly authorizing or permitting an assistant district attorney or assistant158
solicitor-general to commit any act constituting grounds for removal under paragraphs159
(1) through (6) of this subsection.160
(i)(1) In any complaint filed with the commission alleging a violation of subsection (h)161
of this Code section and requesting an investigation of an elected or appointed district162
attorney or solicitor-general, the complainant shall be required to file with the163
commission a sworn affidavit detailing the personal knowledge of the facts supporting164
the complaint, including any interest the complainant may have in the outcome of the165
case. The complainant may attach documents to support the complaint. Nothing in this166
Code section shall be construed to limit the ability of the commission to bring a167
complaint pursuant to this Code section on its own motion.168
(2) The commission may not entertain a complaint on the basis of a charging decision,169
plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,170
or recommendation regarding bond unless the affidavits and any documents attached to171
the complaint show it is plausible that the district attorney or solicitor-general made or172
knowingly authorized the decision based on:173
(A) Undue bias or prejudice against the accused or in favor of persons with interests174
adverse to the accused;175
(B) An undisclosed financial interest in the outcome of the prosecution;176
(C) An undisclosed conflict of interest;177
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(D) Factors that are completely unrelated to the duties of prosecution; or178
(E) A stated policy, written or otherwise, which demonstrates that the district attorney179
or solicitor-general categorically refuses to prosecute any offense or offenses of which180
he or she is required by law to prosecute.181
(3) Upon indictment of a district attorney or solicitor-general of a matter before either182
panel, the commission shall suspend its investigation or hearing pending the outcome of183
the procedure provided for in Code Section 45-5-6.184
(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney185
or solicitor-general shall be kept confidential by the investigative panel and commission186
staff before formal charges are filed; provided, however, that, if prior to filing formal187
charges the judge and investigative panel agree to a satisfactory disposition of a188
disciplinary matter other than by a private admonition or deferred discipline agreement,189
a report of such disposition shall be publicly filed in the Supreme Court.190
(2) After the filing and service of formal charges:191
(A) With respect to an incapacity matter of a district attorney or solicitor-general, all192
pleadings, information, hearings, and proceedings shall remain confidential; and193
(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all194
pleadings and information shall be subject to disclosure to the public, and all hearings195
and proceedings shall be open and available to the public, except to the extent that such196
pleadings and information or hearings and proceedings could be properly sealed or197
closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided198
by law.199
(3) With respect to administrative and other matters, all records and information shall be200
subject to disclosure to the public, and all meetings, or portions thereof, shall be open and201
available to the public, except to the extent that such records, information, and meetings202
would:203
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(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in204
paragraph (1) of this subsection;205
(B) Disclose incapacity matters of a district attorney or solicitor-general protected in206
paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;207
(C) Be considered a matter subject to executive session, if the commission were208
considered to be an agency under Chapter 14 of Title 50; or209
(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the210
commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.211
(4) The work product of the commission and its staff and the deliberations of the212
commission shall remain confidential.213
(k) Notwithstanding subsection (j) of this Code section, information regarding a214
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed215
or the confidentiality of such information may be removed when:216
(1) The privilege of confidentiality has been waived by the individual who was the217
subject of the commission's investigation; or218
(2) The commission's rules provide for disclosure:219
(A) In the interest of justice and to protect the public;220
(B) If an emergency situation exists; or221
(C) If a district attorney or solicitor-general is under consideration for another state or222
federal position.223
(l) Information submitted to the commission or its staff, and testimony given in any224
proceeding before the commission or one of its panels, shall be absolutely privileged, and225
no civil action predicated upon such information or testimony shall be instituted against226
any complainant, witness, or his or her counsel.227
(m) A respondent may appeal the decision of the hearing panel by submitting a petition228
to the superior court of the county where such respondent served as a district attorney or229
solicitor-general. A respondent who is subjected to public reprimand, censure, limitation230
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on the performance of prosecutorial duties, suspension, retirement, or removal shall be231
entitled to a copy of the proposed record to be filed with the Supreme Court and, if the232
respondent has objections to it, to have the record settled by the hearing panel's presiding233
officer. The hearing panel's order in a disciplinary or incapacity matter may be appealed234
to the Superior Court of Fulton County pursuant to Chapter 3 of Title 5.235
(n) The commission shall commence by July 1, 2023, and the rules and regulations236
promulgated by such commission shall be established no later than October 1, 2023. No237
complaint shall be filed before October 1, 2023. The commission shall not receive238
complaint submissions regarding misconduct in office that occurred prior to May 5, 2023,239
unless such alleged misconduct is related to a continuous pattern of conduct that continues240
beyond that date.241
(o) The authority of the commission shall be limited to incapacity or discipline regarding242
the conduct of a district attorney or solicitor-general as a holder of such office. Nothing243
in this Code section shall be construed as diminishing the authority of the Supreme Court244
or the State Bar of Georgia to regulate the practice of law in this state.245
(p) In the event that a district attorney or solicitor-general is removed or involuntarily246
retired pursuant to this Code section, such individual shall be disqualified from being247
appointed or elected to the office of district attorney of any judicial circuit or to the office248
of solicitor-general of any county of this state for a period of ten years from the date of249
such removal or involuntary retirement. Reserved."250
SECTION 2.251
All laws and parts of laws in conflict with this Act are repealed.252
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