Senators Kennedy, Robertson Call on Plaintiffs to Drop Case Challenging the Prosecuting Attorneys Qualifications Commission After Latest Loss in Court

ATLANTA (July 24, 2024) -Today, Fulton County Superior Court released an order once again denying the plaintiff-prosecutors' request to enjoin the Prosecuting Attorneys Qualifications Commission. Senator John F. Kennedy (R-Macon) and Senator Randy Robertson (R-Cataula) are calling on the three district attorneys challenging the Prosecuting Attorneys Qualifications Commission to drop their case Sherry Boston v. State of Georgia after their second significant loss in court.

"To continue this challenge is an injustice to crime victims in our communities as well as to Georgia taxpayers having to shoulder the expense of this frivolous case," said Sen. Kennedy, who also serves as the Chairman of the Judicial Appropriations Subcommittee. "This is the second time these plaintiff-prosecutors have failed in court to block the law. Maybe it's time to realize that they have a losing argument."

In response to demands from Georgians for accountability, the General Assembly passed Senate Bill 92 in 2023 creating the Prosecuting Attorneys Qualifications Commission to independently investigate complaints and discipline prosecutors found in violation of their duties. The law creating the Commission was challenged in court by four of Georgia's district attorneys. That lawsuit failed to block the Commission from carrying out its work and was eventually voluntarily dismissed.

"I authored this legislation based on Georgia's Constitution and existing models for other commissions in this state," said Sen. Robertson, who authored SB 92. "There are several duties for prosecutors that were already in state law but there was no mechanism for enforcement. As a career law enforcement officer, I understand how important it is for officials to exercise discretion but that does not mean they can simply ignore the law and allow crime to run rampant. These DAs should drop their lawsuit immediately."

The General Assembly doubled down on its commitment to hold rogue and ineffective prosecutors accountable by passing SB 332 in 2024, also authored by Sen. Robertson, allowing the Commission to continue its work. Shortly after the enactment of SB 332, three of the four district attorneys who originally challenged the law in 2023 filed another lawsuit trying to prohibit the Commission from moving forward. Today, the court once again denied the district attorneys' attempt to block the Commission from operating.

Sen. Kennedy added: "Reporting by the Atlanta Journal-Constitution, Athens Banner-Herald, and other local news sources have exposed the terrible impacts of prosecutors going rogue. It is time for this small group of district attorneys to stop listening to the pro-crime organization directing their lawsuit from Oakland, California, and start listening to the voices in their own communities who simply ask to be safe."

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Sen. John F. Kennedy serves as the President Pro Tempore of the Georgia State Senate. He represents the 18^th 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 [email protected].

Sen. Randy Robertson serves as Majority Whip of the Senate Majority Caucus. He represents Senate District 29, which includes Harris, Meriwether, and Troup Counties and a portion of Muscogee County. He can be reached at 404.656.0045 or at [email protected]