A commission created to serve as an oversight mechanism for district attorneys and solicitors-general across Georgia is beginning to take shape. Established by Senate Bill 92 and signed into law in May by Gov. Brian Kemp in May, the bill became law July 1st and seeks to ensure these officials fulfill their constitutional and statutory duties. Tuesday, Speaker Jon Burns, R-Newington, announced his appointees to the Prosecuting Attorneys Qualifications Commission (PAQC).
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. Kemp, Lt. Gov. Burt Jones and the Senate Committee on Assignments also have appointing authority for members of the commission.
Burns appointed two attorneys to the PAQC Investigative Panel: Joseph Cowart of Statesboro and Steve Scheer of Savannah. Cowart’s term will expire on July 17, 2024, and Scheer’s term will expire on July 17, 2027.
The Speaker also appointed Bibb County Superior Court Chief Judge Howard Simms of Macon to the PAQC Hearing Panel. Chief Judge Simms’ term will expire on July 17, 2026.
“The Prosecuting Attorneys Qualifications Commission will ensure that Georgia’s laws are faithfully enforced by those elected to prosecute crimes,” said Burns. “I am grateful to all the House members who worked so hard to get this important legislation passed, including Representative Joseph Gullett, Representative Houston Gaines, Representative Mesha Mainor, Chairman Tyler Paul Smith and Majority Whip James Burchett.”
The new law establishes the following grounds for the removal or involuntary retirement of a district attorney or solicitor-general from office:
● Mental or physical incapacity that interferes with the performance of duties that is likely permanent.
● Willful misconduct in office.
● Willful and persistent failure to carry out statutory duties.
● Conviction of a crime involving moral turpitude.
● Conduct prejudicial to the administration of justice which brings the office into disrepute.
● Knowingly authorizing or permitting an assistant district attorney or assistant solicitor-general to commit any of the aforementioned acts.
SB 92 was sponsored by Majority Whip Randy Robertson, R-Cataula, and co-sponsored by a list of powerful Senators. It establishes an eight-member commission which has the authority to investigate alleged misconduct by district attorneys and solicitors-general and discipline, remove, or cause the involuntary retirement of those who meet the conditions for removal.
