More than 90 current and former elected prosecutors and federal law enforcement officials submitted a brief to Fulton County Superior Court last week seeking to overturn Senate Bill 92, which created an oversight commission for district attorneys.
The legislation was aimed at “reigning in” recently elected progressive DAs like Athens’ Deborah Gonzalez, who Republicans say are neglecting their duties by refusing to prosecute some cases like minor drug offenses. Four Georgia DAs—three Democrats and one Republican—led by DeKalb County DA Sherry Boston filed a lawsuit in August seeking to overturn the new law, which created a panel with the power to discipline or even remove elected DAs. Gonzalez was not among those who sued, but she did sign on to the brief from advocacy group Fair and Just Prosecution. Other signers include two former U.S. solicitors general, several current and former U.S. attorneys and Department of Justice officials, and numerous current and former prosecutors from Georgia and other states.
The amicus brief argues that SB 92 infringes on prosecutors’ discretion, undermines local control, politicizes the justice system and threatens the public’s trust. Fair and Just Prosecution pointed to state Sen. Colton Moore’s recent call to investigate Fulton County DA Fani Willis, who is prosecuting Donald Trump and 18 associates for conspiring to overturn the 2020 election.“The impact of SB 92 is no longer hypothetical—already, some politicians are seeking to use it to protect their political interests and power, and it is fundamentally at odds with our democracy to allow these intrusions on local control and prosecutorial independence to stand,” Miriam Krinsky, Executive Director of Fair and Just Prosecution and a former federal prosecutor, said in a news release. “We hope that the court will protect the well-established apolitical role of prosecutorial discretion and ensure that the people of Georgia maintain the right to choose leaders who best reflect their community’s vision of justice.”
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