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Senate Bill 92
By: Senators Robertson of the 29th, Kennedy of the 18th, Walker III of the 20th, Cowsert
of the 46th, Brass of the 28th 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
which shall have the power to discipline, remove, and cause involuntary retirement of17 23 LC 48 0659
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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 under subsection37
(h) 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 (h) of this Code section.41
(d)(1) As used in this subsection, the term:42
(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 23 LC 48 0659
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(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 shall be appointed by the Governor54
and shall serve a term of four years; provided, however, that the initial appointment55
shall be for three years, and thereafter, successors to such member shall serve terms56
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
(iv) One attorney with prosecutorial experience shall be appointed by the Senate69
Committee on Assignments and shall serve a term of four years; provided, however,70 23 LC 48 0659
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that the initial appointment shall be for three years, and thereafter, successors to such71
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 elected by vote of the Senate and shall be presiding78
officer of the hearing panel and shall serve a term of four years; provided, however, that79
the initial appointment shall be for one year, and thereafter, successors to such member80
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 elected by vote of83
the House of Representatives and shall serve a term of four years; provided, however,84
that the initial appointment shall be for three years, and thereafter, successors to such85
member shall serve terms of four years.86
(5) All members' initial terms shall begin on April 1, 2024; provided, however, that the87
initial term of a member under this paragraph shall not be construed as counting toward88
the limit of two full terms of service as provided for under paragraph (6) of this89
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
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 23 LC 48 0659
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replacement member from the same category of member. Any member of the98
commission shall serve no more than two full terms.99
(e) Members and staff of the hearing panel shall not engage in any ex parte100
communications regarding a disciplinary or incapacity matter of a district attorney or101
solicitor-general, including with members and staff of the investigative panel.102
(f)(1) Each member of the commission shall be entitled to vote on any matter coming103
before his or her respective panel unless otherwise provided by rules adopted by the104
commission concerning recusal. The chairperson of the investigative panel and the105
presiding officer of the hearing panel shall retain a vote on all matters except those in106
which such chairperson or presiding officer has been recused. No commission member107
present at a panel meeting shall abstain from voting unless he or she is recused. The rules108
of the commission shall establish grounds for recusal and the process for allowing a109
temporary replacement of a commission member in such circumstance.110
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or111
conviction of a felony or any offense involving moral turpitude; misconduct,112
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend113
three or more panel meetings or hearings in a one-year period without good and114
sufficient reason; or abstaining from voting, unless recused.115
(B) Removal of a panel member for cause shall be by a unanimous vote of all members116
of the commission; provided, however, that the panel member who is the subject of the117
vote shall not vote.118
(3) A quorum of the investigative panel shall require any three members of such panel.119
(4)(A) Members of the commission shall serve without compensation but shall receive120
the same daily expense allowance as members of the General Assembly receive, as set121
forth in Code Section 28-1-8, for each day such member is in physical attendance at a122
panel meeting or hearing, plus either reimbursement for actual transportation costs123
while traveling by public transportation or the same mileage allowance for use of a124 23 LC 48 0659
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personal motor vehicle in connection with such attendance as members of the General125
Assembly receive.126
(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such127
expense allowance or travel reimbursement if he or she is entitled to receive an expense128
allowance, travel reimbursement, or salary for performance of duties as a state129
employee.130
(C) Expense allowances and travel reimbursements shall be paid from moneys131
appropriated or otherwise available to the commission.132
(g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State133
of Georgia, shall promulgate standards of conduct and rules for the commission's134
governance which will comport with due process and enforce the provisions of subsections135
(h) and (i) of this Code section; provided, however, that such standards and rules shall be136
effective only upon review and adoption by the Supreme Court. Such standards and rules137
shall allow for a full investigation of a district attorney or solicitor-general only upon138
majority vote of the investigative panel. When a commission member receives information139
relating to the conduct of a district attorney or solicitor-general, such member shall provide140
such information to the commission's director for appropriate action.141
(h) The following shall be grounds for discipline of a district attorney or solicitor-general142
or for his or her removal or involuntary retirement from office:143
(1) Mental or physical incapacity interfering with the performance of his or her duties144
which is, or is likely to become, permanent;145
(2) Willful misconduct in office;146
(3) Willful and persistent failure to perform his or her duties;147
(4) Conviction of a crime involving moral turpitude;148
(5) Conduct prejudicial to the administration of justice which brings the office into149
disrepute;150 23 LC 48 0659
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(6) Knowingly authorizing or permitting an assistant district attorney or assistant151
solicitor-general to commit any act constituting grounds for removal under paragraphs (1)152
through (5) of this subsection; or153
(7) Violation of the Georgia Rules of Professional Conduct of the State Bar of Georgia,154
including, but not limited to, Rule 3.8 of the Georgia Rules of Professional Conduct of155
the State Bar of Georgia regarding special responsibilities of a prosecutor.156
(i)(1) In any complaint filed with the commission alleging a violation of subsection (h)157
and requesting an investigation of an elected or appointed district attorney or158
solicitor-general, the complainant shall be required to file with the commission a sworn159
affidavit detailing the personal knowledge of the facts supporting the complaint,160
including any interest the complainant may have in the outcome of the case. The161
complainant may attach documents to support the complaint. Nothing in this Code162
section shall be construed to limit the ability of the commission to bring a complaint163
pursuant to this Code section on its own motion.164
(2) The commission may not entertain a complaint on the basis of a charging decision,165
plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,166
or recommendation regarding bond unless the affidavits and any documents attached to167
the complaint show it is plausible that the district attorney or solicitor-general made or168
knowingly authorized the decision based on:169
(A) Undue bias or prejudice against the accused or in favor of persons with interests170
adverse to the accused;171
(B) A lack of probable cause;172
(C) An undisclosed financial interest in the outcome of the prosecution;173
(D) An undisclosed conflict of interest;174
(E) Factors that are completely unrelated to the duties of prosecution; or175 23 LC 48 0659
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(F) A stated policy, written or otherwise, which demonstrates that the district attorney176
or solicitor-general categorically refuses to prosecute any offense or offenses of which177
he or she is required by law to prosecute.178
(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney179
or solicitor-general shall be kept confidential by the investigative panel and commission180
staff before formal charges are filed; provided, however, that, if prior to filing formal181
charges such judge and investigative panel agree to a satisfactory disposition of a182
disciplinary matter other than by a private admonition or deferred discipline agreement,183
a report of such disposition shall be publicly filed in the Supreme Court.184
(2) After the filing and service of formal charges:185
(A) With respect to an incapacity matter of a district attorney or solicitor-general, all186
pleadings, information, hearings, and proceedings shall remain confidential; and187
(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all188
pleadings and information shall be subject to disclosure to the public, and all hearings189
and proceedings shall be open and available to the public, except to the extent that such190
pleadings and information or hearings and proceedings could be properly sealed or191
closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided192
by law.193
(3) With respect to administrative and other matters, all records and information shall be194
subject to disclosure to the public, and all meetings, or portions thereof, shall be open and195
available to the public, except to the extent that such records, information, and meetings196
would:197
(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in198
paragraph (1) of this subsection;199
(B) Disclose incapacity matters of a district attorney or solicitor-general protected in200
paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;201 23 LC 48 0659
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(C) Be considered a matter subject to executive session, if the commission were202
considered to be an agency under Chapter 14 of Title 50; or203
(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the204
commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.205
(4) The work product of the commission and its staff and the deliberations of the206
commission shall remain confidential.207
(k) Notwithstanding subsection (j) of this Code section, information regarding a208
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed209
or the confidentiality of such information may be removed when:210
(1) The privilege of confidentiality has been waived by the individual who was the211
subject of the commission's investigation; or212
(2) The commission's rules provide for disclosure:213
(A) In the interest of justice and to protect the public;214
(B) If an emergency situation exists; or215
(C) If a district attorney or solicitor-general is under consideration for another state or216
federal position.217
(l) Information submitted to the commission or its staff, and testimony given in any218
proceeding before the commission or one of its panels, shall be absolutely privileged, and219
no civil action predicated upon such information or testimony shall be instituted against220
any complainant, witness, or his or her counsel.221
(m) A respondent who is subjected to public reprimand, censure, limitation on the222
performance of prosecutorial duties, suspension, retirement, or removal shall be entitled223
to a copy of the proposed record to be filed with the Supreme Court and, if the respondent224
has objections to it, to have the record settled by the hearing panel's presiding officer. The225
hearing panel's order in a disciplinary or incapacity matter may be reviewed by the226
Supreme Court in accordance with its rules and the rules of the commission.227 23 LC 48 0659
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(n) The commission shall commence by April 1, 2024, and the rules and regulations228
promulgated by such commission shall be established no later than April 1, 2025. No229
complaint shall be filed before July 1, 2025.230
(o) The authority of the commission shall be limited to incapacity or discipline regarding231
the conduct of a district attorney or solicitor-general as a holder of such office. Nothing232
in this Code section shall be construed as diminishing the authority of the Supreme Court233
or the State Bar of Georgia to regulate the practice of law in this state."234
SECTION 2.235
This Act shall become effective for purposes of appointing members of the commission upon236
its approval by the Governor or upon its becoming law without such approval and shall237
become effective for all other purposes on July 1, 2023.238
SECTION 3.239
All laws and parts of laws in conflict with this Act are repealed.240