A bipartisan group of Georgia district attorneys (DAs) has filed a new lawsuit in Fulton County Superior Court challenging the constitutionality of the Prosecuting Attorneys Qualifications Commission (PAQC). The lawsuit alleges that the PAQC overrides the will of voters, threatens prosecutorial independence, and violates federal and state constitutions.
The plaintiffs, led by a national nonprofit organization working to protect civil rights, along with Atlanta-based law firms, are pushing back against the reactivation of the PAQC. Governor Brian Kemp signed a bill into law removing the Supreme Court’s oversight of the commission, which prompted the legal challenge.
According to one of the plaintiffs, "Our commitment to fight this unconstitutional law is as strong as ever. As I promised in November, we will continue to push back against this shameless attempt by state Republicans to control how local communities address their public safety needs and work to restore that power to Georgia voters."
The lawsuit argues that the PAQC undermines the fundamental structure of Georgia's constitution by taking away the power of local communities to choose their own district attorneys. It also highlights that the commission could discipline DAs based on their stated philosophies, limiting their ability to effectively promote public safety in their communities.
"This law is not about oversight, it’s about overturning the will of voters," stated one of the plaintiffs. "It creates a dangerous barrier between public officials and the communities we serve, discouraging transparency and undermining our freedom of speech."
The legal challenge asserts that the PAQC violates Georgia law, the Constitution of the State of Georgia, and the U.S. Constitution in several ways, including restricting the First Amendment free-speech rights of DAs and not consulting with Georgia's official agency for prosecutors when developing rules.
The plaintiffs are seeking the court to declare the relevant statute void or at least halt the PAQC from handling any complaints or disciplining local prosecutors. Additionally, they aim to prevent the new commission from investigating or taking disciplinary action against district attorneys for prosecutorial decisions or related statements.
In conclusion, the lawsuit filed by the Georgia district attorneys represents a crucial step in fighting back against what they perceive as a threat to the independence of local DAs and a violation of constitutional principles.