With Trump indictments "imminent," GA GOP moves to rein in DAs

GA GOP seeks to expand oversight of local prosecutors

Fani Willis

Dangerous. Unnecessary. Racist.

Those were the words Fulton County District Attorney Fani Willis used to describe new Republican-led efforts to expand oversight on local prosecutors and judges.

On a party-line vote, Republican state senators on Thursday passed Senate Bill 92, which would create a panel that would exercise oversight on county district attorneys and solicitors general (DAs prosecute felonies, while SGs handle misdemeanors). The panel would have the power to investigate, discipline and even recommend removal of DAs that they determine are unfit for office.

The oversight commission’s eight members would be appointed by the Governor, Senate leadership and the Speaker of the House — all of whom are Republicans.

Willis blasted the measure as racist, noting the recent increase in the number of district attorneys who are minorities. “I, quite frankly, think the legislation is racist,” Willis told state lawmakers. “I don’t know what other thing to call it.”

A Republican state senator took issue with Willis’ accusations of racism: “For you to come in here and try to make this about racism, that this bill is directed at any district attorney or solicitor because of racism is absurd and it’s offensive, and it’s a racist statement on its own,” said State Sen. Bill Cowsert of Athens.

Willis has also raised questions about the timing of these measures. She is currently in the middle of investigating former President Donald Trump and his inner circle’s attempts to overturn the results of the 2020 election. A grand jury recently wrapped up its work on the investigation and Willis has suggested that indictments could be “imminent.”

It is not the only proposal being debated. Another measure in the House would make it easier for voters to remove DAs from office through recall elections. Currently, 30% of registered voters in a county must sign a petition to force a recall election. House Bill 229, sponsored by State Rep. Houston Gaines (R-Athens) would reduce that threshold to just 2%.

Bills like these failed to gain traction in the past, but they have gained new steam as part of Gov. Brian Kemp’s tough-on-crime agenda. He has said that he will sign both bills as soon as they reach his desk.

Republican sponsors have cited a handful of prosecutors as examples of why the measures are necessary: Dick Donovan, Deborah Gonzalez and Jackie Johnson. Gonzalez, the progressive prosecutor in Athens, has gained notoriety for her refusal to prosecute nonviolent drug cases. She has also refused to enforce Georgia’s strict abortion ban. Notably, Gaines defeated Gonzalez in a 2018 state house race and has criticized a backlog of cases in her office since she became DA.

Donovan, a former Paulding County DA, was suspended from office in 2021 after pleading guilty to bribery stemming from a case of sexual misconduct.

And Johnson, a former southeast GA prosecutor, was defeated for re-election in 2020 and indicted shortly thereafter for her improper handling of the investigation into the three men who were ultimately convicted in the murder of Ahmaud Arbery.

Nevertheless, Willis and other opponents of these measures argue that prosecutors already face oversight, both from the State Bar of Georgia and the voters that elect them to office every four years. Additionally, they have criticized Republicans for not specifically outlining what behavior should be classified as misconduct.

Willis is also hopeful that this spat will not strain her relationship with state leaders. “I will work with anyone who wants to work with me on legislation that is fair and just and protects victims,” she told the Atlanta Journal-Constitution.