ATLANTA (Jan. 2, 2024) — Today, Senator Randy Robertson (District 29 – Cataula) and Senator John F. Kennedy (District 18 – Macon) pre-filed legislation to address the Georgia Supreme Court’s November 22, 2023 finding that approving the standards of conduct for the Prosecuting Attorneys Qualifications Commission (PAQC) is outside the Court’s authority. The new legislation is consistent with many state commissions and will allow the PAQC to adopt its internal guidelines and rules. This simple remedy will allow the Commission to commence its important work.
“We have seen theatrics take hold in Georgia over the safety and welfare of our communities as some prosecutors promise ‘reform’ and then deliver nothing but ineffectiveness and blatant disregard of the law,” stated Senator Robertson, the chief sponsor of SB 92. “Most of the state’s prosecutors follow the law, adhere to their duties, and their communities remain safe and prosperous, and those individuals should be celebrated. On the other hand, you have a few rogue prosecutors that refuse to prosecute violent criminals, lead defunct and understaffed offices, and impose blanket policies for non-prosecution of crimes.”
The PAQC was created after the enactment of Senate Bill 92, which was signed into law by Governor Kemp on May 5, 2023. Modeled after the Judicial Qualifications Commission, which enforces standards of conduct for the state’s judiciary, SB 92 was the culmination of years of work to address the duties that prosecutors are required to carry out under state law.
“My concerns have been and always will be the safety of our communities and justice for victims of crime,” said Senate President Pro Tempore John F. Kennedy. “Unfortunately, we’re seeing the exact opposite in jurisdictions across the state, resulting in unmanageable backlogs in our court system, delayed justice for victims, mismanagement of criminal records, and a perversion of the doctrine of ‘prosecutorial discretion.’ These are dangerous practices in misconduct and must stop.”
The President Pro Tempore added: “I respect the Supreme Court’s narrow opinion on this specific issue and appreciate the limits of their authority. We recognize the important role that prosecutors play in our communities and, by prefiling this bill, affirm our intent to hold rogue prosecutors accountable. We believe this bill reinforces the need for Georgia prosecutors to focus on achieving results in the courtroom, not legislating from the desk to appease fringe constituencies.”
Article IV, Section VIII of the state Constitution states that prosecutors can be “disciplined, removed or involuntarily retired as provided by general law,” and further lays out the minimum duties for prosecutors while adding that they must “perform such other duties as shall be required by law.” Among their various duties required by law, prosecutors must review cases and make a prosecutorial decision based on the individual case. Additionally, prosecutors must update criminal records based on their charging decisions, as well as assist victims and witnesses of crime. The PAQC specializes in understanding these duties, guiding prosecutors’ performance of these duties, and disciplining prosecutors who fail to carry out such duties. A full list of a prosecutor’s duties can be found at O.C.G.A. § 15-18-6 and O.C.G.A. § 15-18-66.
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Sen. Randy Robertson serves as Senate Majority Whip. He represents the 29th Senate District which includes Meriwether and Harris County, and Troup County as well as a portion of Muscogee County. He may be reached at 404.656.0045 or by email at randy.robertson@senate.ga.gov.
Sen. John F. Kennedy serves as the President Pro Tempore of the Georgia State Senate. He represents the 18th Senate District which includes Upson, Monroe, Peach, Crawford, and portions of Bibb and Houston Counties. He may be reached at 404.656.6578 or by email at john.kennedy@senate.ga.gov.