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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
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to
1
prosecuting attorneys, so as to provide for duties of district attorneys; to create the2
Prosecuting Attorneys Qualifications Commission; to provide for definitions; to provide for3
the powers, composition, appointment, and confirmation of such commission; to provide for4
commission members' terms, vacancies, and removals; to provide for procedures and5
confidentiality; to disqualify certain individuals for a certain amount of time from being6
appointed or elected to the offices of district attorney or solicitor-general; to amend Chapter 47
of Title 21 of the Official Code of Georgia Annotated, relating to recall of public officers,8
so as to revise provisions relating to grounds for recall of district attorneys of judicial circuits9
and solicitors-general of state courts; to provide for related matters; to provide for an10
effective date; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting14
attorneys, is amended by revising Code Section 15-18-6, relating to duties of district15
attorney, as follows:16 23 SB 92/AP
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"15-18-6.
17
The duties of the district attorneys within their respective circuits are:18
(1) To attend each session of the superior courts unless excused by the judge thereof and19
to remain until the business of the state is disposed of;20
(2) To attend on the grand juries, advise them in relation to matters of law, and swear and21
examine witnesses before them;22
(3) To administer the oaths the laws require to the grand and trial jurors and to the23
bailiffs or other officers of the court and otherwise to aid the presiding judge in24
organizing the courts as he may require;25
(4) To review every individual case for which probable cause for prosecution exists, and
26
make a prosecutorial decision available under the law based on the facts and27
circumstances of each individual case under oath of duty as provided in Code Section28
15-18-2;29
(4)(5) To draw up all indictments or presentments, when requested by the grand jury, and30
to prosecute all indictable offenses;31
(5)(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section32
40-6-163 and to prosecute or defend any other civil action in the prosecution or defense33
of which the state is interested, unless otherwise specially provided for;34
(6)(7) To attend before the appellate courts when any criminal case emanating from their35
respective circuits is tried, to argue the same, and to perform any other duty therein which36
the interest of the state may require;37
(7)(8) To advise law enforcement officers concerning the sufficiency of evidence,38
warrants, and similar matters relating to the investigation and prosecution of criminal39
offenses;40
(8)(9) To collect all money due the state in the hands of any escheators and to pay it over41
to the educational fund, if necessary, compelling payment by rule or order of court or42
other legal means;43 23 SB 92/AP
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(9)(10) To collect all claims of the state which they may be ordered to collect by the state44
revenue commissioner and to remit the same within 30 days after collection; and on45
October 1 of every year to report to the state revenue commissioner the condition of the46
claims in their hands in favor of the state, particularly specifying:47
(A) The amounts collected and paid, from what sources received and for what48
purposes, and to whom paid;49
(B) What claims are unpaid and why;50
(C) What judgments have been obtained, when, and in what court; and51
(D) What actions are instituted, in what courts, and their present progress and future52
prospects;53
(10)(11) To ensure disposition information is submitted in accordance with subsection54
(g) of Code Section 35-3-36 when a final disposition decision is made by a district55
attorney;56
(11)(12) To assist victims and witnesses of crimes through the complexities of the57
criminal justice system and ensure that the victims of crimes are apprised of the rights58
afforded them under the law; and59
(12)(13) To perform such other duties as are or may be required by law or which60
necessarily appertain to their office."61
SECTION 2.62
Said chapter is further amended by adding a new Code section to Article 1, relating to63
general provisions relative to prosecuting attorneys, to read as follows:64
"15-18-32.65
(a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in66
reference to district attorneys and Article 3 of this chapter in reference to solicitors-general67
of state courts, there is hereby created the Prosecuting Attorneys Qualifications68
Commission, which shall have the power to discipline, remove, and cause involuntary69 23 SB 92/AP
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retirement of appointed or elected district attorneys or solicitors-general in accordance with70
such Paragraph. As used in this Code section, the term 'commission' means the Prosecuting71
Attorneys Qualifications Commission.72
(b) The commission shall consist of eight members.73
(c)(1) The commission shall be divided into a five-member investigative panel and a74
three-member hearing panel.75
(2) The investigative panel shall be responsible for:76
(A) The investigative, prosecutorial, and administrative functions of the commission;77
(B) Investigation of alleged conduct constituting grounds for discipline under78
subsection (h) of this Code section;79
(C) The selection of an individual to serve as the director of the commission who shall80
be an active status member of the State Bar of Georgia and who shall not engage in the81
practice of law, other than to represent the commission; and82
(D) Authorization of employment of such additional staff as the commission deems83
necessary to carry out the powers assigned to the commission.84
(3) The hearing panel shall be responsible for:85
(A) Adjudicating formal charges filed by the investigative panel;86
(B) Issuing disciplinary and incapacity orders;87
(C) Issuing formal advisory opinions on its own initiative or on the recommendation88
of the investigative panel regarding the grounds for discipline set forth under subsection89
(h) of this Code section; and90
(D) Issuing standards on its own initiative or on the recommendation of the91
investigative panel. Any such standards shall elaborate, define, or provide context for92
the grounds for discipline as set forth in subsection (h) of this Code section.93
(d)(1) As used in this subsection, the term:94
(A) 'Attorney' means a lawyer who has been an active status member of the State Bar95
of Georgia for at least ten years and is a registered voter in this state.96 23 SB 92/AP
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(B) 'Judge' means an elected or appointed public official who presides over a court of97
record.98
(2) The Prosecuting Attorneys' Council of the State of Georgia may recommend to the99
respective appointing authorities a list of the names of individuals for consideration to100
serve as attorney commission members.101
(3)(A) The five members of the commission's investigative panel shall be appointed102
as follows:103
(i) One attorney with prosecutorial experience as an elected district attorney or104
elected solicitor-general shall be appointed by the Governor and shall serve a term of105
four years; provided, however, that the initial appointment shall be for three years,106
and thereafter, successors to such member shall serve terms of four years;107
(ii) One attorney with at least five years of service as an assistant district attorney or108
an assistant solicitor-general shall be appointed by the Lieutenant Governor and shall109
serve a term of four years; provided, however, that the initial appointment shall be for110
two years, and thereafter, successors to such member shall serve terms of four years;111
(iii) Two practicing attorneys shall be appointed by the Speaker of the House of112
Representatives and each shall serve terms of four years; provided, however, that the113
initial appointment of one attorney member as designated by the Speaker of the House114
of Representatives shall be for four years and the initial appointment of the other115
attorney member as designated by the Speaker of the House of Representatives shall116
be for one year, and thereafter, successors to such members shall serve terms of four117
years; and118
(iv) One attorney with at least five years of service as an assistant district attorney or119
an assistant solicitor-general shall be appointed by the Senate Committee on120
Assignments and shall serve a term of four years; provided, however, that the initial121
appointment shall be for three years, and thereafter, successors to such member shall122
serve terms of four years.123 23 SB 92/AP
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(B) The investigative panel members shall annually elect a chairperson and vice124
chairperson for such panel.125
(4) The three members of the commission's hearing panel shall be appointed as follows:126
(A) One elected district attorney or elected solicitor-general shall be appointed by the127
Governor for a term of four years and his or her successors shall serve terms of four128
years; provided, however, that the initial appointment shall be for three years, and129
thereafter, successors to such member shall serve terms of four years;130
(B) One elected district attorney or elected solicitor-general shall be appointed by of131
the Senate Committee on Assignments and shall be the presiding officer of the hearing132
panel and shall serve a term of four years; provided, however, that the initial133
appointment shall be for one year, and thereafter, successors to such member shall serve134
terms of four years; and135
(C) One former judge of the superior court or Court of Appeals or former Justice who136
shall have at least ten years of service as a judge or Justice and has formerly been a137
district attorney or a solicitor-general shall be appointed by the Speaker of the House138
of Representatives and shall serve a term of four years; provided, however, that the139
initial appointment shall be for three years, and thereafter, successors to such member140
shall serve terms of four years.141
(5) All members shall be appointed by and their initial terms shall begin on July 1, 2023;142
provided, however, that the initial term of a member under this paragraph shall not be143
construed as counting toward the limit of two full terms of service as provided for under144
paragraph (6) of this subsection.145
(6) A commission member shall be eligible to serve so long as he or she retains his or146
her status as an attorney, citizen, or district attorney, but a vacancy shall be created by147
operation of law when he or she no longer has the designation for which he or she was148
appointed. Any vacancy for a member shall be filled by the appointing authority, and149
such appointee shall serve the balance of the vacating member's unexpired term;150 23 SB 92/AP
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provided, however, that, if the appointing authority fails to fill a vacancy within 60 days151
of being notified of such vacancy by the commission, the Governor shall appoint a152
replacement member from the same category of member. Any member of the153
commission shall serve no more than two full terms.154
(e) Members and staff of the hearing panel shall not engage in any ex parte155
communications regarding a disciplinary or incapacity matter of a district attorney or156
solicitor-general, including with members and staff of the investigative panel.157
(f)(1) Each member of the commission shall be entitled to vote on any matter coming158
before his or her respective panel unless otherwise provided by rules adopted by the159
commission concerning recusal. The chairperson of the investigative panel and the160
presiding officer of the hearing panel shall retain a vote on all matters except those in161
which such chairperson or presiding officer has been recused. No commission member162
present at a panel meeting shall abstain from voting unless he or she is recused. The rules163
of the commission shall establish grounds for recusal and the process for allowing a164
temporary replacement of a commission member in such circumstance.165
(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or166
conviction of a felony or any offense involving moral turpitude; misconduct,167
malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend168
three or more panel meetings or hearings in a one-year period without good and169
sufficient reason; or abstaining from voting, unless recused.170
(B) Removal of a panel member for cause shall be by a unanimous vote of all members171
of the commission; provided, however, that the panel member who is the subject of the172
vote shall not vote.173
(3) A quorum of the investigative panel shall require any three members of such panel.174
(4)(A) Members of the commission shall serve without compensation but shall receive175
the same daily expense allowance as members of the General Assembly receive, as set176
forth in Code Section 28-1-8, for each day such member is in physical attendance at a177 23 SB 92/AP
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panel meeting or hearing, plus either reimbursement for actual transportation costs178
while traveling by public transportation or the same mileage allowance for use of a179
personal motor vehicle in connection with such attendance as members of the General180
Assembly receive.181
(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such182
expense allowance or travel reimbursement if he or she is entitled to receive an expense183
allowance, travel reimbursement, or salary for performance of duties as a state184
employee.185
(C) Expense allowances and travel reimbursements shall be paid from moneys186
appropriated or otherwise available to the commission.187
(g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State188
of Georgia, shall promulgate standards of conduct and rules for the commission's189
governance which will comport with due process and enforce the provisions of subsections190
(h) and (i) of this Code section; provided, however, that such standards and rules shall be191
effective only upon review and adoption by the Supreme Court. Such standards and rules192
shall allow for a full investigation of a district attorney or solicitor-general only upon193
majority vote of the investigative panel. When a commission member receives information194
relating to the conduct of a district attorney or solicitor-general, such member shall provide195
such information to the commission's director for appropriate action.196
(h) The following shall be grounds for discipline of a district attorney or solicitor-general197
or for his or her removal or involuntary retirement from office:198
(1) Mental or physical incapacity interfering with the performance of his or her duties199
which is, or is likely to become, permanent;200
(2) Willful misconduct in office;201
(3) With respect to district attorneys, willful and persistent failure to carry out duties202
pursuant to Code Section 15-18-6;203 23 SB 92/AP
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(4) With respect to solicitors-general, willful and persistent failure to carry out duties204
pursuant to Code Section 15-18-66;205
(5) Conviction of a crime involving moral turpitude;206
(6) Conduct prejudicial to the administration of justice which brings the office into207
disrepute; or208
(7) Knowingly authorizing or permitting an assistant district attorney or assistant209
solicitor-general to commit any act constituting grounds for removal under paragraphs (1)210
through (6) of this subsection.211
(i)(1) In any complaint filed with the commission alleging a violation of subsection (h)212
and requesting an investigation of an elected or appointed district attorney or213
solicitor-general, the complainant shall be required to file with the commission a sworn214
affidavit detailing the personal knowledge of the facts supporting the complaint,215
including any interest the complainant may have in the outcome of the case. The216
complainant may attach documents to support the complaint. Nothing in this Code217
section shall be construed to limit the ability of the commission to bring a complaint218
pursuant to this Code section on its own motion.219
(2) The commission may not entertain a complaint on the basis of a charging decision,220
plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,221
or recommendation regarding bond unless the affidavits and any documents attached to222
the complaint show it is plausible that the district attorney or solicitor-general made or223
knowingly authorized the decision based on:224
(A) Undue bias or prejudice against the accused or in favor of persons with interests225
adverse to the accused;226
(B) An undisclosed financial interest in the outcome of the prosecution;227
(C) An undisclosed conflict of interest;228
(D) Factors that are completely unrelated to the duties of prosecution; or229 23 SB 92/AP
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(E) A stated policy, written or otherwise, which demonstrates that the district attorney230
or solicitor-general categorically refuses to prosecute any offense or offenses of which231
he or she is required by law to prosecute.232
(3) Upon indictment of a district attorney or solicitor-general of a matter before either233
panel, the commission shall suspend its investigation or hearing pending the outcome of234
the procedure provided for in Code Section 45-5-6.235
(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney236
or solicitor-general shall be kept confidential by the investigative panel and commission237
staff before formal charges are filed; provided, however, that, if prior to filing formal238
charges the judge and investigative panel agree to a satisfactory disposition of a239
disciplinary matter other than by a private admonition or deferred discipline agreement,240
a report of such disposition shall be publicly filed in the Supreme Court.241
(2) After the filing and service of formal charges:242
(A) With respect to an incapacity matter of a district attorney or solicitor-general, all243
pleadings, information, hearings, and proceedings shall remain confidential; and244
(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all245
pleadings and information shall be subject to disclosure to the public, and all hearings246
and proceedings shall be open and available to the public, except to the extent that such247
pleadings and information or hearings and proceedings could be properly sealed or248
closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided249
by law.250
(3) With respect to administrative and other matters, all records and information shall be251
subject to disclosure to the public, and all meetings, or portions thereof, shall be open and252
available to the public, except to the extent that such records, information, and meetings253
would:254
(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in255
paragraph (1) of this subsection;256 23 SB 92/AP
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(B) Disclose incapacity matters of a district attorney or solicitor-general protected in257
paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;258
(C) Be considered a matter subject to executive session, if the commission were259
considered to be an agency under Chapter 14 of Title 50; or260
(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the261
commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.262
(4) The work product of the commission and its staff and the deliberations of the263
commission shall remain confidential.264
(k) Notwithstanding subsection (j) of this Code section, information regarding a265
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed266
or the confidentiality of such information may be removed when:267
(1) The privilege of confidentiality has been waived by the individual who was the268
subject of the commission's investigation; or269
(2) The commission's rules provide for disclosure:270
(A) In the interest of justice and to protect the public;271
(B) If an emergency situation exists; or272
(C) If a district attorney or solicitor-general is under consideration for another state or273
federal position.274
(l) Information submitted to the commission or its staff, and testimony given in any275
proceeding before the commission or one of its panels, shall be absolutely privileged, and276
no civil action predicated upon such information or testimony shall be instituted against277
any complainant, witness, or his or her counsel.278
(m) A respondent may appeal the decision of the hearing panel by submitting a petition279
to the superior court of the county where such respondent served as a district attorney or280
solicitor-general. A respondent who is subjected to public reprimand, censure, limitation281
on the performance of prosecutorial duties, suspension, retirement, or removal shall be282
entitled to a copy of the proposed record to be filed with the Supreme Court and, if the283 23 SB 92/AP
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respondent has objections to it, to have the record settled by the hearing panel's presiding284
officer. The hearing panel's order in a disciplinary or incapacity matter may be appealed285
to the Superior Court of Fulton County pursuant to Chapter 3 of Title 5.286
(n) The commission shall commence by July 1, 2023, and the rules and regulations287
promulgated by such commission shall be established no later than October 1, 2023. No288
complaint shall be filed before October 1, 2023. The commission shall not receive289
complaint submissions regarding misconduct in office that occurred prior to the effective290
date of this Code section, unless such alleged misconduct is related to a continuous pattern291
of conduct that continues beyond that date.292
(o) The authority of the commission shall be limited to incapacity or discipline regarding293
the conduct of a district attorney or solicitor-general as a holder of such office. Nothing294
in this Code section shall be construed as diminishing the authority of the Supreme Court295
or the State Bar of Georgia to regulate the practice of law in this state.296
(p) In the event that a district attorney or solicitor-general is removed or involuntarily297
retired pursuant to this Code section, such individual shall be disqualified from being298
appointed or elected to the office of district attorney of any judicial circuit or to the office299
of solicitor-general of any county of this state for a period of ten years from the date of300
such removal or involuntary retirement."301
SECTION 3.302
Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section303
15-18-66, relating to duties and authority regarding solicitors-general, as follows:304
"(1) To review every individual case for which probable cause for prosecution exists, and305
make a prosecutorial decision available under the law based on the facts and306
circumstances of each individual case under oath of duty as provided in Code Section307
15-18-2, and, if necessary, investigate all criminal cases which may be prosecuted in state308
court;"309 23 SB 92/AP
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SECTION 4.
310
Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public311
officers, is amended by revising paragraph (7) of Code Section 21-4-3, relating to definitions,312
as follows:313
"(7) 'Grounds for recall' means:314
(A) That the official has, while holding public office, conducted himself or herself in315
a manner which relates to and adversely affects the administration of his or her office316
and adversely affects the rights and interests of the public; and317
(B) That the official:318
(i) Has committed an act or acts of malfeasance while in office;319
(ii) Has violated his or her oath of office;320
(iii) Has committed an act of misconduct in office;321
(iv) Is guilty of a failure to perform duties prescribed by law; or322
(v) Has willfully misused, converted, or misappropriated, without authority, public323
property or public funds entrusted to or associated with the elective office to which324
the official has been elected or appointed.325
Discretionary performance of a lawful act or a prescribed duty shall not constitute a326
ground for recall of an elected public official; provided, however, that a judicial circuit
327
district attorney's failure to perform the duties provided for in Code Section 15-18-6 or328
a state court solicitor-general's failure to perform the duties provided for in Code Section329
15-18-66 shall constitute grounds for a recall of such elected official."330
SECTION 5.331
This Act shall become effective upon its approval by the Governor or upon its becoming law332
without such approval.333 23 SB 92/AP
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SECTION 6.
334
All laws and parts of laws in conflict with this Act are repealed.335