Governor Brian Kemp Signs Legislation to Establish Prosecuting Attorneys Qualifications Commission

ATLANTA (May 8, 2023) | On May 5, 2023, Governor Brian P. Kemp signed Senate Bill 92 into law. This measure, sponsored by Majority Whip Senator Randy Robertson (R – Cataula), will create the Prosecuting Attorneys Qualifications Commission, which would have the power to investigate and discipline or remove elected district attorneys or solicitors-general in specific instances, including if they are consistently not fulfilling their duties as such. SB 92 also clarifies the duties of prosecuting attorneys, specifically including language that they must review every case where there is probable cause for prosecution.

“The establishment of the Prosecuting Attorneys Qualifications Commission is a reflection of Georgia’s commitment to keeping their citizens safe and secure,” said Sen. Robertson. “This measure will ensure that our state continues to maintain an honest and ethical criminal justice system. In order to do so, we must hold our prosecuting attorneys and solicitor generals to the same high standards that we hold our law enforcement to. I am thankful to the Georgia General Assembly, Representative Joseph Gullett (R – Dallas), Lt. Governor Burt Jones and Governor Kemp for their role in this necessary legislation that will create a safer state for all.”

“I appreciate Majority Whip Sen. Randy Robertson for his leadership in this arena,” said President Pro Tempore Senator John F. Kennedy (R – Macon). “This reform of our legal system sets a precedent for accountability in all sectors of our state leadership. This commission will guarantee all prosecuting attorneys and solicitor generals who are entrusted with their respective duties are working for the greater good of Georgia and not personal interests.”

“Creating a safer Georgia is one of the foremost legislative priorities of the Senate Majority Party,” said Senate Majority Leader Senator Steve Gooch (R – Dahlonega). “The creation of this state commission is a key step towards the progress we hope to achieve as a party, as we are able to further hold the designated groups accountable. I am proud to see the Georgia General Assembly making efforts to keep Georgia the best state to live, work, and raise a family with this legislation.”

The Prosecuting Attorneys Qualification Commission will be made up of two panels: an investigative panel of five attorneys and a hearing panel of three attorneys. The Governor, the Lt. Governor, the Speaker of the House and the Senate Committee on Assignments will have appointing authority for members of the commission.

For the full text of SB 92, read here.

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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, as well as portions of Bibb and Houston County. He may be reached at 404.656.6578 or by email at john.kennedy@senate.ga.gov.

Sen. Steve Gooch serves as Senate Majority Leader. He represents the 51st Senate District which includes Dawson, Fannin, Gilmer, Lumpkin, Union and Pickens County as well as portions of White County. He may be reached at 404.656.9221 or via email at steve.gooch@senate.ga.gov