Ga. Gov. Kemp Signs Law Allowing DA Removals

Georgia Gov. Brian Kemp, a Republican, signed a bill Friday that allows for the removal of state district attorneys for not fulfilling their jobs.

“My No. 1 priority is public safety across our state,” Kemp said in a press release about Friday’s bill signing. “As hardworking law enforcement officers routinely put their lives on the line to investigate, confront, and arrest criminal offenders, I won’t stand idly by as they’re met with resistance from rogue or incompetent prosecutors who refuse to uphold the law. The creation of the Prosecuting Attorneys Qualifications Commission will help hold prosecutors driven by out-of-touch politics than commitment to their responsibilities accountable and make our communities safer.”

The new law establishes the eight-member PAQC to oversee and investigate alleged misconduct by district attorneys and solicitors general, and provide for disciplinary actions, including removal from office.

According to the legislation, known as Senate Bill 92, district attorneys can be removed or “involuntarily retired” from their offices for instances of mental or physical incapacity, willful misconduct, persistent failure to carry out their statutory duties, conviction of a “moral turpitude” crime, prejudicial conduct to the administration of justice that brings the agency into disrepute, or knowingly authorizing or permitting an assistant to commit a violation of the above grounds.

The legislation also charges the new commission, scheduled to officially launch July 1, with establishing standards of conduct and rules for its own governance to be approved by the state’s Supreme Court by Oct. 1, according to the release.

The legislation was sponsored by Majority Whip Randy Robertson; co-sponsored by President Pro-Temp John Kennedy; Sen. Larry Walker, III; Sen. Bill Cowsert; Sen. Matt Brass; Sen. Jason Anavitarte; Rep. Joseph Gullett; Rep. Houston Gaines; Speaker Pro-Temp Jan Jones; Rep. Stan Gunter; Rep. Jesse Petrea; and Rep. Matt Gambill, according to the Kemp administration.

The legislation comes as Republicans strike back at leftist district attorneys who have chosen to not prosecute crimes in many Democratic-run states and cities, leading to an increase in crime.

Politico reported in March that Florida Gov. Ron DeSantis, a Republican, removed a Tampa prosecutor in August and was investigating another state prosecutor, Monique Worrell, for her handling of cases relating to Keith Moses, 19, who is charged with killing three people in Orlando in February.

According to ClickOrlando.com, Moses had a record of offenses and was on probation at the time of the shooting spree that left two adults and a 9-year-old dead and two more injured.

Moses has pleaded not guilty in the case.