| 12 | 7 | | prosecuting attorneys, so as to provide for duties of district attorneys; to create the2 |
|---|
| 13 | 8 | | Prosecuting Attorneys Qualifications Commission; to provide for definitions; to provide for3 |
|---|
| 14 | 9 | | the powers, composition, appointment, and confirmation of such commission; to provide for4 |
|---|
| 15 | 10 | | commission members' terms, vacancies, and removals; to provide for procedures and5 |
|---|
| 16 | 11 | | confidentiality; to disqualify certain individuals for a certain amount of time from being6 |
|---|
| 17 | 12 | | appointed or elected to the offices of district attorney or solicitor-general; to amend Chapter 47 |
|---|
| 18 | 13 | | of Title 21 of the Official Code of Georgia Annotated, relating to recall of public officers,8 |
|---|
| 19 | 14 | | so as to revise provisions relating to grounds for recall of district attorneys of judicial circuits9 |
|---|
| 20 | 15 | | and solicitors-general of state courts; to provide for related matters; to provide for an10 |
|---|
| 21 | 16 | | effective date; to repeal conflicting laws; and for other purposes.11 |
|---|
| 22 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
|---|
| 23 | 18 | | SECTION 1.13 |
|---|
| 24 | 19 | | Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting14 |
|---|
| 25 | 20 | | attorneys, is amended by revising Code Section 15-18-6, relating to duties of district15 |
|---|
| 31 | 24 | | The duties of the district attorneys within their respective circuits are:18 |
|---|
| 32 | 25 | | (1) To attend each session of the superior courts unless excused by the judge thereof and19 |
|---|
| 33 | 26 | | to remain until the business of the state is disposed of;20 |
|---|
| 34 | 27 | | (2) To attend on the grand juries, advise them in relation to matters of law, and swear and21 |
|---|
| 35 | 28 | | examine witnesses before them;22 |
|---|
| 36 | 29 | | (3) To administer the oaths the laws require to the grand and trial jurors and to the23 |
|---|
| 37 | 30 | | bailiffs or other officers of the court and otherwise to aid the presiding judge in24 |
|---|
| 38 | 31 | | organizing the courts as he may require;25 |
|---|
| 41 | 33 | | make a prosecutorial decision available under the law based on the facts and27 |
|---|
| 42 | 34 | | circumstances of each individual case under oath of duty as provided in Code Section28 |
|---|
| 43 | 35 | | 15-18-2;29 |
|---|
| 44 | 36 | | (4)(5) To draw up all indictments or presentments, when requested by the grand jury, and30 |
|---|
| 45 | 37 | | to prosecute all indictable offenses;31 |
|---|
| 46 | 38 | | (5)(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section32 |
|---|
| 47 | 39 | | 40-6-163 and to prosecute or defend any other civil action in the prosecution or defense33 |
|---|
| 48 | 40 | | of which the state is interested, unless otherwise specially provided for;34 |
|---|
| 49 | 41 | | (6)(7) To attend before the appellate courts when any criminal case emanating from their35 |
|---|
| 50 | 42 | | respective circuits is tried, to argue the same, and to perform any other duty therein which36 |
|---|
| 51 | 43 | | the interest of the state may require;37 |
|---|
| 52 | 44 | | (7)(8) To advise law enforcement officers concerning the sufficiency of evidence,38 |
|---|
| 53 | 45 | | warrants, and similar matters relating to the investigation and prosecution of criminal39 |
|---|
| 54 | 46 | | offenses;40 |
|---|
| 55 | 47 | | (8)(9) To collect all money due the state in the hands of any escheators and to pay it over41 |
|---|
| 56 | 48 | | to the educational fund, if necessary, compelling payment by rule or order of court or42 |
|---|
| 59 | 50 | | - 3 - |
|---|
| 60 | 51 | | (9)(10) To collect all claims of the state which they may be ordered to collect by the state44 |
|---|
| 61 | 52 | | revenue commissioner and to remit the same within 30 days after collection; and on45 |
|---|
| 62 | 53 | | October 1 of every year to report to the state revenue commissioner the condition of the46 |
|---|
| 63 | 54 | | claims in their hands in favor of the state, particularly specifying:47 |
|---|
| 64 | 55 | | (A) The amounts collected and paid, from what sources received and for what48 |
|---|
| 65 | 56 | | purposes, and to whom paid;49 |
|---|
| 66 | 57 | | (B) What claims are unpaid and why;50 |
|---|
| 67 | 58 | | (C) What judgments have been obtained, when, and in what court; and51 |
|---|
| 68 | 59 | | (D) What actions are instituted, in what courts, and their present progress and future52 |
|---|
| 69 | 60 | | prospects;53 |
|---|
| 70 | 61 | | (10)(11) To ensure disposition information is submitted in accordance with subsection54 |
|---|
| 71 | 62 | | (g) of Code Section 35-3-36 when a final disposition decision is made by a district55 |
|---|
| 72 | 63 | | attorney;56 |
|---|
| 73 | 64 | | (11)(12) To assist victims and witnesses of crimes through the complexities of the57 |
|---|
| 74 | 65 | | criminal justice system and ensure that the victims of crimes are apprised of the rights58 |
|---|
| 75 | 66 | | afforded them under the law; and59 |
|---|
| 76 | 67 | | (12)(13) To perform such other duties as are or may be required by law or which60 |
|---|
| 77 | 68 | | necessarily appertain to their office."61 |
|---|
| 78 | 69 | | SECTION 2.62 |
|---|
| 79 | 70 | | Said chapter is further amended by adding a new Code section to Article 1, relating to63 |
|---|
| 80 | 71 | | general provisions relative to prosecuting attorneys, to read as follows:64 |
|---|
| 81 | 72 | | "15-18-32.65 |
|---|
| 82 | 73 | | (a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in66 |
|---|
| 83 | 74 | | reference to district attorneys and Article 3 of this chapter in reference to solicitors-general67 |
|---|
| 84 | 75 | | of state courts, there is hereby created the Prosecuting Attorneys Qualifications68 |
|---|
| 87 | 77 | | - 4 - |
|---|
| 88 | 78 | | retirement of appointed or elected district attorneys or solicitors-general in accordance with70 |
|---|
| 89 | 79 | | such Paragraph. As used in this Code section, the term 'commission' means the Prosecuting71 |
|---|
| 90 | 80 | | Attorneys Qualifications Commission.72 |
|---|
| 91 | 81 | | (b) The commission shall consist of eight members.73 |
|---|
| 92 | 82 | | (c)(1) The commission shall be divided into a five-member investigative panel and a74 |
|---|
| 93 | 83 | | three-member hearing panel.75 |
|---|
| 94 | 84 | | (2) The investigative panel shall be responsible for:76 |
|---|
| 95 | 85 | | (A) The investigative, prosecutorial, and administrative functions of the commission;77 |
|---|
| 96 | 86 | | (B) Investigation of alleged conduct constituting grounds for discipline under78 |
|---|
| 97 | 87 | | subsection (h) of this Code section;79 |
|---|
| 98 | 88 | | (C) The selection of an individual to serve as the director of the commission who shall80 |
|---|
| 99 | 89 | | be an active status member of the State Bar of Georgia and who shall not engage in the81 |
|---|
| 100 | 90 | | practice of law, other than to represent the commission; and82 |
|---|
| 101 | 91 | | (D) Authorization of employment of such additional staff as the commission deems83 |
|---|
| 102 | 92 | | necessary to carry out the powers assigned to the commission.84 |
|---|
| 103 | 93 | | (3) The hearing panel shall be responsible for:85 |
|---|
| 104 | 94 | | (A) Adjudicating formal charges filed by the investigative panel;86 |
|---|
| 105 | 95 | | (B) Issuing disciplinary and incapacity orders;87 |
|---|
| 106 | 96 | | (C) Issuing formal advisory opinions on its own initiative or on the recommendation88 |
|---|
| 107 | 97 | | of the investigative panel regarding the grounds for discipline set forth under subsection89 |
|---|
| 108 | 98 | | (h) of this Code section; and90 |
|---|
| 109 | 99 | | (D) Issuing standards on its own initiative or on the recommendation of the91 |
|---|
| 110 | 100 | | investigative panel. Any such standards shall elaborate, define, or provide context for92 |
|---|
| 111 | 101 | | the grounds for discipline as set forth in subsection (h) of this Code section.93 |
|---|
| 112 | 102 | | (d)(1) As used in this subsection, the term:94 |
|---|
| 113 | 103 | | (A) 'Attorney' means a lawyer who has been an active status member of the State Bar95 |
|---|
| 116 | 105 | | - 5 - |
|---|
| 117 | 106 | | (B) 'Judge' means an elected or appointed public official who presides over a court of97 |
|---|
| 118 | 107 | | record.98 |
|---|
| 119 | 108 | | (2) The Prosecuting Attorneys' Council of the State of Georgia may recommend to the99 |
|---|
| 120 | 109 | | respective appointing authorities a list of the names of individuals for consideration to100 |
|---|
| 121 | 110 | | serve as attorney commission members.101 |
|---|
| 122 | 111 | | (3)(A) The five members of the commission's investigative panel shall be appointed102 |
|---|
| 123 | 112 | | as follows:103 |
|---|
| 124 | 113 | | (i) One attorney with prosecutorial experience as an elected district attorney or104 |
|---|
| 125 | 114 | | elected solicitor-general shall be appointed by the Governor and shall serve a term of105 |
|---|
| 126 | 115 | | four years; provided, however, that the initial appointment shall be for three years,106 |
|---|
| 127 | 116 | | and thereafter, successors to such member shall serve terms of four years;107 |
|---|
| 128 | 117 | | (ii) One attorney with at least five years of service as an assistant district attorney or108 |
|---|
| 129 | 118 | | an assistant solicitor-general shall be appointed by the Lieutenant Governor and shall109 |
|---|
| 130 | 119 | | serve a term of four years; provided, however, that the initial appointment shall be for110 |
|---|
| 131 | 120 | | two years, and thereafter, successors to such member shall serve terms of four years;111 |
|---|
| 132 | 121 | | (iii) Two practicing attorneys shall be appointed by the Speaker of the House of112 |
|---|
| 133 | 122 | | Representatives and each shall serve terms of four years; provided, however, that the113 |
|---|
| 134 | 123 | | initial appointment of one attorney member as designated by the Speaker of the House114 |
|---|
| 135 | 124 | | of Representatives shall be for four years and the initial appointment of the other115 |
|---|
| 136 | 125 | | attorney member as designated by the Speaker of the House of Representatives shall116 |
|---|
| 137 | 126 | | be for one year, and thereafter, successors to such members shall serve terms of four117 |
|---|
| 138 | 127 | | years; and118 |
|---|
| 139 | 128 | | (iv) One attorney with at least five years of service as an assistant district attorney or119 |
|---|
| 140 | 129 | | an assistant solicitor-general shall be appointed by the Senate Committee on120 |
|---|
| 141 | 130 | | Assignments and shall serve a term of four years; provided, however, that the initial121 |
|---|
| 142 | 131 | | appointment shall be for three years, and thereafter, successors to such member shall122 |
|---|
| 145 | 133 | | - 6 - |
|---|
| 146 | 134 | | (B) The investigative panel members shall annually elect a chairperson and vice124 |
|---|
| 147 | 135 | | chairperson for such panel.125 |
|---|
| 148 | 136 | | (4) The three members of the commission's hearing panel shall be appointed as follows:126 |
|---|
| 149 | 137 | | (A) One elected district attorney or elected solicitor-general shall be appointed by the127 |
|---|
| 150 | 138 | | Governor for a term of four years and his or her successors shall serve terms of four128 |
|---|
| 151 | 139 | | years; provided, however, that the initial appointment shall be for three years, and129 |
|---|
| 152 | 140 | | thereafter, successors to such member shall serve terms of four years;130 |
|---|
| 153 | 141 | | (B) One elected district attorney or elected solicitor-general shall be appointed by of131 |
|---|
| 154 | 142 | | the Senate Committee on Assignments and shall be the presiding officer of the hearing132 |
|---|
| 155 | 143 | | panel and shall serve a term of four years; provided, however, that the initial133 |
|---|
| 156 | 144 | | appointment shall be for one year, and thereafter, successors to such member shall serve134 |
|---|
| 157 | 145 | | terms of four years; and135 |
|---|
| 158 | 146 | | (C) One former judge of the superior court or Court of Appeals or former Justice who136 |
|---|
| 159 | 147 | | shall have at least ten years of service as a judge or Justice and has formerly been a137 |
|---|
| 160 | 148 | | district attorney or a solicitor-general shall be appointed by the Speaker of the House138 |
|---|
| 161 | 149 | | of Representatives and shall serve a term of four years; provided, however, that the139 |
|---|
| 162 | 150 | | initial appointment shall be for three years, and thereafter, successors to such member140 |
|---|
| 163 | 151 | | shall serve terms of four years.141 |
|---|
| 164 | 152 | | (5) All members shall be appointed by and their initial terms shall begin on July 1, 2023;142 |
|---|
| 165 | 153 | | provided, however, that the initial term of a member under this paragraph shall not be143 |
|---|
| 166 | 154 | | construed as counting toward the limit of two full terms of service as provided for under144 |
|---|
| 167 | 155 | | paragraph (6) of this subsection.145 |
|---|
| 168 | 156 | | (6) A commission member shall be eligible to serve so long as he or she retains his or146 |
|---|
| 169 | 157 | | her status as an attorney, citizen, or district attorney, but a vacancy shall be created by147 |
|---|
| 170 | 158 | | operation of law when he or she no longer has the designation for which he or she was148 |
|---|
| 171 | 159 | | appointed. Any vacancy for a member shall be filled by the appointing authority, and149 |
|---|
| 174 | 161 | | - 7 - |
|---|
| 175 | 162 | | provided, however, that, if the appointing authority fails to fill a vacancy within 60 days151 |
|---|
| 176 | 163 | | of being notified of such vacancy by the commission, the Governor shall appoint a152 |
|---|
| 177 | 164 | | replacement member from the same category of member. Any member of the153 |
|---|
| 178 | 165 | | commission shall serve no more than two full terms.154 |
|---|
| 179 | 166 | | (e) Members and staff of the hearing panel shall not engage in any ex parte155 |
|---|
| 180 | 167 | | communications regarding a disciplinary or incapacity matter of a district attorney or156 |
|---|
| 181 | 168 | | solicitor-general, including with members and staff of the investigative panel.157 |
|---|
| 182 | 169 | | (f)(1) Each member of the commission shall be entitled to vote on any matter coming158 |
|---|
| 183 | 170 | | before his or her respective panel unless otherwise provided by rules adopted by the159 |
|---|
| 184 | 171 | | commission concerning recusal. The chairperson of the investigative panel and the160 |
|---|
| 185 | 172 | | presiding officer of the hearing panel shall retain a vote on all matters except those in161 |
|---|
| 186 | 173 | | which such chairperson or presiding officer has been recused. No commission member162 |
|---|
| 187 | 174 | | present at a panel meeting shall abstain from voting unless he or she is recused. The rules163 |
|---|
| 188 | 175 | | of the commission shall establish grounds for recusal and the process for allowing a164 |
|---|
| 189 | 176 | | temporary replacement of a commission member in such circumstance.165 |
|---|
| 190 | 177 | | (2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or166 |
|---|
| 191 | 178 | | conviction of a felony or any offense involving moral turpitude; misconduct,167 |
|---|
| 192 | 179 | | malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend168 |
|---|
| 193 | 180 | | three or more panel meetings or hearings in a one-year period without good and169 |
|---|
| 194 | 181 | | sufficient reason; or abstaining from voting, unless recused.170 |
|---|
| 195 | 182 | | (B) Removal of a panel member for cause shall be by a unanimous vote of all members171 |
|---|
| 196 | 183 | | of the commission; provided, however, that the panel member who is the subject of the172 |
|---|
| 197 | 184 | | vote shall not vote.173 |
|---|
| 198 | 185 | | (3) A quorum of the investigative panel shall require any three members of such panel.174 |
|---|
| 199 | 186 | | (4)(A) Members of the commission shall serve without compensation but shall receive175 |
|---|
| 200 | 187 | | the same daily expense allowance as members of the General Assembly receive, as set176 |
|---|
| 203 | 189 | | - 8 - |
|---|
| 204 | 190 | | panel meeting or hearing, plus either reimbursement for actual transportation costs178 |
|---|
| 205 | 191 | | while traveling by public transportation or the same mileage allowance for use of a179 |
|---|
| 206 | 192 | | personal motor vehicle in connection with such attendance as members of the General180 |
|---|
| 207 | 193 | | Assembly receive.181 |
|---|
| 208 | 194 | | (B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such182 |
|---|
| 209 | 195 | | expense allowance or travel reimbursement if he or she is entitled to receive an expense183 |
|---|
| 210 | 196 | | allowance, travel reimbursement, or salary for performance of duties as a state184 |
|---|
| 211 | 197 | | employee.185 |
|---|
| 212 | 198 | | (C) Expense allowances and travel reimbursements shall be paid from moneys186 |
|---|
| 213 | 199 | | appropriated or otherwise available to the commission.187 |
|---|
| 214 | 200 | | (g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State188 |
|---|
| 215 | 201 | | of Georgia, shall promulgate standards of conduct and rules for the commission's189 |
|---|
| 216 | 202 | | governance which will comport with due process and enforce the provisions of subsections190 |
|---|
| 217 | 203 | | (h) and (i) of this Code section; provided, however, that such standards and rules shall be191 |
|---|
| 218 | 204 | | effective only upon review and adoption by the Supreme Court. Such standards and rules192 |
|---|
| 219 | 205 | | shall allow for a full investigation of a district attorney or solicitor-general only upon193 |
|---|
| 220 | 206 | | majority vote of the investigative panel. When a commission member receives information194 |
|---|
| 221 | 207 | | relating to the conduct of a district attorney or solicitor-general, such member shall provide195 |
|---|
| 222 | 208 | | such information to the commission's director for appropriate action.196 |
|---|
| 223 | 209 | | (h) The following shall be grounds for discipline of a district attorney or solicitor-general197 |
|---|
| 224 | 210 | | or for his or her removal or involuntary retirement from office:198 |
|---|
| 225 | 211 | | (1) Mental or physical incapacity interfering with the performance of his or her duties199 |
|---|
| 226 | 212 | | which is, or is likely to become, permanent;200 |
|---|
| 227 | 213 | | (2) Willful misconduct in office;201 |
|---|
| 228 | 214 | | (3) With respect to district attorneys, willful and persistent failure to carry out duties202 |
|---|
| 231 | 216 | | - 9 - |
|---|
| 232 | 217 | | (4) With respect to solicitors-general, willful and persistent failure to carry out duties204 |
|---|
| 233 | 218 | | pursuant to Code Section 15-18-66;205 |
|---|
| 234 | 219 | | (5) Conviction of a crime involving moral turpitude;206 |
|---|
| 235 | 220 | | (6) Conduct prejudicial to the administration of justice which brings the office into207 |
|---|
| 236 | 221 | | disrepute; or208 |
|---|
| 237 | 222 | | (7) Knowingly authorizing or permitting an assistant district attorney or assistant209 |
|---|
| 238 | 223 | | solicitor-general to commit any act constituting grounds for removal under paragraphs (1)210 |
|---|
| 239 | 224 | | through (6) of this subsection.211 |
|---|
| 240 | 225 | | (i)(1) In any complaint filed with the commission alleging a violation of subsection (h)212 |
|---|
| 241 | 226 | | and requesting an investigation of an elected or appointed district attorney or213 |
|---|
| 242 | 227 | | solicitor-general, the complainant shall be required to file with the commission a sworn214 |
|---|
| 243 | 228 | | affidavit detailing the personal knowledge of the facts supporting the complaint,215 |
|---|
| 244 | 229 | | including any interest the complainant may have in the outcome of the case. The216 |
|---|
| 245 | 230 | | complainant may attach documents to support the complaint. Nothing in this Code217 |
|---|
| 246 | 231 | | section shall be construed to limit the ability of the commission to bring a complaint218 |
|---|
| 247 | 232 | | pursuant to this Code section on its own motion.219 |
|---|
| 248 | 233 | | (2) The commission may not entertain a complaint on the basis of a charging decision,220 |
|---|
| 249 | 234 | | plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,221 |
|---|
| 250 | 235 | | or recommendation regarding bond unless the affidavits and any documents attached to222 |
|---|
| 251 | 236 | | the complaint show it is plausible that the district attorney or solicitor-general made or223 |
|---|
| 252 | 237 | | knowingly authorized the decision based on:224 |
|---|
| 253 | 238 | | (A) Undue bias or prejudice against the accused or in favor of persons with interests225 |
|---|
| 254 | 239 | | adverse to the accused;226 |
|---|
| 255 | 240 | | (B) An undisclosed financial interest in the outcome of the prosecution;227 |
|---|
| 256 | 241 | | (C) An undisclosed conflict of interest;228 |
|---|
| 259 | 243 | | - 10 - |
|---|
| 260 | 244 | | (E) A stated policy, written or otherwise, which demonstrates that the district attorney230 |
|---|
| 261 | 245 | | or solicitor-general categorically refuses to prosecute any offense or offenses of which231 |
|---|
| 262 | 246 | | he or she is required by law to prosecute.232 |
|---|
| 263 | 247 | | (3) Upon indictment of a district attorney or solicitor-general of a matter before either233 |
|---|
| 264 | 248 | | panel, the commission shall suspend its investigation or hearing pending the outcome of234 |
|---|
| 265 | 249 | | the procedure provided for in Code Section 45-5-6.235 |
|---|
| 266 | 250 | | (j)(1) All information regarding a disciplinary or incapacity matter of a district attorney236 |
|---|
| 267 | 251 | | or solicitor-general shall be kept confidential by the investigative panel and commission237 |
|---|
| 268 | 252 | | staff before formal charges are filed; provided, however, that, if prior to filing formal238 |
|---|
| 269 | 253 | | charges the judge and investigative panel agree to a satisfactory disposition of a239 |
|---|
| 270 | 254 | | disciplinary matter other than by a private admonition or deferred discipline agreement,240 |
|---|
| 271 | 255 | | a report of such disposition shall be publicly filed in the Supreme Court.241 |
|---|
| 272 | 256 | | (2) After the filing and service of formal charges:242 |
|---|
| 273 | 257 | | (A) With respect to an incapacity matter of a district attorney or solicitor-general, all243 |
|---|
| 274 | 258 | | pleadings, information, hearings, and proceedings shall remain confidential; and244 |
|---|
| 275 | 259 | | (B) With respect to a disciplinary matter of a district attorney or solicitor-general, all245 |
|---|
| 276 | 260 | | pleadings and information shall be subject to disclosure to the public, and all hearings246 |
|---|
| 277 | 261 | | and proceedings shall be open and available to the public, except to the extent that such247 |
|---|
| 278 | 262 | | pleadings and information or hearings and proceedings could be properly sealed or248 |
|---|
| 279 | 263 | | closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided249 |
|---|
| 280 | 264 | | by law.250 |
|---|
| 281 | 265 | | (3) With respect to administrative and other matters, all records and information shall be251 |
|---|
| 282 | 266 | | subject to disclosure to the public, and all meetings, or portions thereof, shall be open and252 |
|---|
| 283 | 267 | | available to the public, except to the extent that such records, information, and meetings253 |
|---|
| 284 | 268 | | would:254 |
|---|
| 285 | 269 | | (A) Disclose disciplinary matters of a district attorney or solicitor-general protected in255 |
|---|
| 288 | 271 | | - 11 - |
|---|
| 289 | 272 | | (B) Disclose incapacity matters of a district attorney or solicitor-general protected in257 |
|---|
| 290 | 273 | | paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;258 |
|---|
| 291 | 274 | | (C) Be considered a matter subject to executive session, if the commission were259 |
|---|
| 292 | 275 | | considered to be an agency under Chapter 14 of Title 50; or260 |
|---|
| 293 | 276 | | (D) Not be required to be publicly disclosed under Code Section 50-18-72, if the261 |
|---|
| 294 | 277 | | commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.262 |
|---|
| 295 | 278 | | (4) The work product of the commission and its staff and the deliberations of the263 |
|---|
| 296 | 279 | | commission shall remain confidential.264 |
|---|
| 297 | 280 | | (k) Notwithstanding subsection (j) of this Code section, information regarding a265 |
|---|
| 298 | 281 | | disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed266 |
|---|
| 299 | 282 | | or the confidentiality of such information may be removed when:267 |
|---|
| 300 | 283 | | (1) The privilege of confidentiality has been waived by the individual who was the268 |
|---|
| 301 | 284 | | subject of the commission's investigation; or269 |
|---|
| 302 | 285 | | (2) The commission's rules provide for disclosure:270 |
|---|
| 303 | 286 | | (A) In the interest of justice and to protect the public;271 |
|---|
| 304 | 287 | | (B) If an emergency situation exists; or272 |
|---|
| 305 | 288 | | (C) If a district attorney or solicitor-general is under consideration for another state or273 |
|---|
| 306 | 289 | | federal position.274 |
|---|
| 307 | 290 | | (l) Information submitted to the commission or its staff, and testimony given in any275 |
|---|
| 308 | 291 | | proceeding before the commission or one of its panels, shall be absolutely privileged, and276 |
|---|
| 309 | 292 | | no civil action predicated upon such information or testimony shall be instituted against277 |
|---|
| 310 | 293 | | any complainant, witness, or his or her counsel.278 |
|---|
| 311 | 294 | | (m) A respondent may appeal the decision of the hearing panel by submitting a petition279 |
|---|
| 312 | 295 | | to the superior court of the county where such respondent served as a district attorney or280 |
|---|
| 313 | 296 | | solicitor-general. A respondent who is subjected to public reprimand, censure, limitation281 |
|---|
| 314 | 297 | | on the performance of prosecutorial duties, suspension, retirement, or removal shall be282 |
|---|
| 317 | 299 | | - 12 - |
|---|
| 318 | 300 | | respondent has objections to it, to have the record settled by the hearing panel's presiding284 |
|---|
| 319 | 301 | | officer. The hearing panel's order in a disciplinary or incapacity matter may be appealed285 |
|---|
| 320 | 302 | | to the Superior Court of Fulton County pursuant to Chapter 3 of Title 5.286 |
|---|
| 321 | 303 | | (n) The commission shall commence by July 1, 2023, and the rules and regulations287 |
|---|
| 322 | 304 | | promulgated by such commission shall be established no later than October 1, 2023. No288 |
|---|
| 323 | 305 | | complaint shall be filed before October 1, 2023. The commission shall not receive289 |
|---|
| 324 | 306 | | complaint submissions regarding misconduct in office that occurred prior to the effective290 |
|---|
| 325 | 307 | | date of this Code section, unless such alleged misconduct is related to a continuous pattern291 |
|---|
| 326 | 308 | | of conduct that continues beyond that date.292 |
|---|
| 327 | 309 | | (o) The authority of the commission shall be limited to incapacity or discipline regarding293 |
|---|
| 328 | 310 | | the conduct of a district attorney or solicitor-general as a holder of such office. Nothing294 |
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| 329 | 311 | | in this Code section shall be construed as diminishing the authority of the Supreme Court295 |
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| 330 | 312 | | or the State Bar of Georgia to regulate the practice of law in this state.296 |
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| 331 | 313 | | (p) In the event that a district attorney or solicitor-general is removed or involuntarily297 |
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| 332 | 314 | | retired pursuant to this Code section, such individual shall be disqualified from being298 |
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| 333 | 315 | | appointed or elected to the office of district attorney of any judicial circuit or to the office299 |
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| 334 | 316 | | of solicitor-general of any county of this state for a period of ten years from the date of300 |
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| 335 | 317 | | such removal or involuntary retirement."301 |
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| 336 | 318 | | SECTION 3.302 |
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| 337 | 319 | | Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section303 |
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| 338 | 320 | | 15-18-66, relating to duties and authority regarding solicitors-general, as follows:304 |
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| 339 | 321 | | "(1) To review every individual case for which probable cause for prosecution exists, and305 |
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| 340 | 322 | | make a prosecutorial decision available under the law based on the facts and306 |
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| 341 | 323 | | circumstances of each individual case under oath of duty as provided in Code Section307 |
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| 342 | 324 | | 15-18-2, and, if necessary, investigate all criminal cases which may be prosecuted in state308 |
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| 348 | 328 | | Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public311 |
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| 349 | 329 | | officers, is amended by revising paragraph (7) of Code Section 21-4-3, relating to definitions,312 |
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| 350 | 330 | | as follows:313 |
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| 351 | 331 | | "(7) 'Grounds for recall' means:314 |
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| 352 | 332 | | (A) That the official has, while holding public office, conducted himself or herself in315 |
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| 353 | 333 | | a manner which relates to and adversely affects the administration of his or her office316 |
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| 354 | 334 | | and adversely affects the rights and interests of the public; and317 |
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| 355 | 335 | | (B) That the official:318 |
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| 356 | 336 | | (i) Has committed an act or acts of malfeasance while in office;319 |
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| 357 | 337 | | (ii) Has violated his or her oath of office;320 |
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| 358 | 338 | | (iii) Has committed an act of misconduct in office;321 |
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| 359 | 339 | | (iv) Is guilty of a failure to perform duties prescribed by law; or322 |
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| 360 | 340 | | (v) Has willfully misused, converted, or misappropriated, without authority, public323 |
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| 361 | 341 | | property or public funds entrusted to or associated with the elective office to which324 |
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| 362 | 342 | | the official has been elected or appointed.325 |
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| 363 | 343 | | Discretionary performance of a lawful act or a prescribed duty shall not constitute a326 |
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