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Georgia House approves revised prosecutor oversight commission as Senate investigates Willis – Georgia Recorder

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Georgia House approves revised prosecutor oversight commission as Senate investigates Willis – Georgia Recorder


A bill that authorizes a new commission to review complaints filed against district attorneys passed the state House chamber 95-75 on Monday.

Following Monday’s vote, Republican-sponsored House Bill 881 heads to the state Senate to decide if it’ll approve the new rulemaking process for a Professional Attorneys Qualifications Commission that has been unable to review cases since the state Supreme Court refused last year to adopt its rules. Those who support the controversial plan say it will provide a mechanism to address rogue prosecutors more promptly, but it has also been criticized as overreaching and creating hurdles for district attorneys elected into office.

Monday’s House vote came three days after the Georgia Senate voted to open an investigation into Fulton County District Attorney Fani Willis, who is pressing a racketeering case against former President Donald Trump and his GOP allies over 2020 election interference.

Dallas Republican Rep. Joseph Gullett, the bill’s sponsor, says his legislation reinforces the high standards of prosecutors who are not above the law by following up on last year’s attempt to create an oversight commission.

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“Since then I’m pleased to report that this commission with investigation and hearing panels in place and standards and rules established is poised for action. Once HB 881 is passed this commission will being to be able to do their real work that is bringing accountability to those rogue prosecutors who abuse their office, sexually harass certain employees, and do not show up to work,” Gullett said during Monday’s debate.

This year’s legislation removes the Georgia Supreme Court from reviewing the rules that will determine whether a local prosecutor is found to have committed willful or prejudicial misconduct or should be punished for not bringing cases against low-level offenses. A prosecutor could also be removed if they are found to have mental or physical disabilities that impeded the ability to do their job for at least 10 months within a 12 month period.

Rep. Tanya Miller, an Atlanta Democrat, said the proposal is a fatally flawed measure that supports a commission that lacks accountability and transparency. In a November ruling, the state justices expressed “grave doubts” about the Georgia’s highest court’s constitutional authority to adopt the commission’s rules and standards.

“As Georgians we know the phrase muddy waters refers to more than just our treasured rivers. Muddying the waters means that we make a situation more confusing by introducing unnecessary complications,” said Miller, a former prosecutor and current civil rights lawyer. “We all agree that competent, effective and fair prosecutors are key to making our criminal justice system more just in our communities, more safe, we however disagree that his bill in any way serves that noble purpose.”

Miller said that the bill creates a disciplinary process that could be abused by partisan appointees, substitutes the will of an unelected board over local voters and skirts questions raised by the state Supreme Court.

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Miller said that the Office of Attorney General, State Bar of Georgia, and state Legislature already have procedures in place to deal with wayward prosecutors.

“Far from a fix, HB 881 will only further muddy the waters by improperly blurring the lines between the separation of our three branches of government by creating unnecessary and expensive bureaucracy,” she said.

The prosecutors oversight law also requires district attorneys to review individual cases instead of refraining from prosecuting certain low-level offenses on a blanket basis. Athens-Clarke District Attorney Deborah Gonzalez has faced criticism from some Republican officials after she said she would not prioritize low-level marijuana possession charges.

Dallas Republican Rep. Joseph Gullett meets with the press following the House passing his prosecutors oversight bill on Jan. 29. Stanley Dunlap/ Georgia Recorder

“This commission will give you confidence that each individual case will be reviewed on its own merits rather than dismissed in a written memo that informs the public of specific laws that will not be enforced in certain areas of the state, basically giving criminals the playbook,” Gullett said.

The new oversight commission would allow the local Superior Court and state Supreme Court to handle appeals filed by prosecutors disciplined by the commission. Proponents argue that the oversight commission will provide more teeth to a system that is currently more difficult to navigate.

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Common Cause Georgia executive director Aunna Dennis called the measure a politically motivated bill that does not provide a clear roadmap of checks and balances it is supposed to adhere to. A better step would be to correct some of the deficiencies in last year’s bill that established the oversight commission, Dennis said in a statement.

“Prosecutors who defend our state constitution should be able to do so safely,” she said. “How are prosecutors able to defend themselves from challenging corruption in our government without the proper protections?”

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Heat Advisory in effect Sunday for parts of North Georgia

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Heat Advisory in effect Sunday for parts of North Georgia


Hot weather remains and a Heat Advisory has been issued for parts of North Georgia.

The NWS has placed most of Georgia south and east of I-85 under a Heat Advisory for Sunday from 11 a.m. through the evening. Heat index values of over 105º are expected in this area which includes Stephens, Banks, Franklin, and Elbert Counties locally. Further northwest heat index values in the 95-104º range are expected. Remember to avoid doing any hard labor outside during peak heating and stay hydrated.

This heat will result in the development of some afternoon thunderstorms. In addition to the Heat Advisory the Storm Prediction Center has also placed much of Northeast Georgia under a marginal (level 1/5) risk for severe storms.

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Stay weather aware and stay cool on Sunday!

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Chicago man leading Fulton County deputy on chase arrested near Georgia Capitol

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Chicago man leading Fulton County deputy on chase arrested near Georgia Capitol


Jimmy Kendal Smith (Credit: Fulton County Sheriff’s Office)

The Fulton County Sheriff’s Office announced the arrest of a Chicago man that they said led them on a wild chase through the City of Atlanta.

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According to the sheriff’s office, 27-year-old Jimmy Kendal Smith was driving a Toyota Camry erratically on I-75 on Friday.

The deputy who spotted him tried to perform a traffic stop, but Smith allegedly took off, hitting other cars in the process.

Smith led the deputy on a brief chase until he was stopped by a PIT maneuver on Capitol Avenue near the Georgia State Capitol. The Georgia Department of Public Safety Capitol Police helped pin the suspect’s car.

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“I cannot say enough how proud I am of our team. They have proven to be in the right place at the right time, time and time again,” said Sheriff Pat Labat. “This reckless driver was putting lives in jeopardy and thanks to the quick actions of Investigator Moore, he was taken into custody without anyone being hurt.”

Smith was charged with several misdemeanors and a felony including battery-family violence, criminal trespass and damage to property, reckless driving, driving-fleeing or attempting to elude a police officer, willful obstruction of law enforcement officers and three counts of driving-hit and run.

He is being held in the Fulton County Jail.

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Judge temporarily blocks Georgia law that prohibits people, groups from posting more than three bonds a year

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Judge temporarily blocks Georgia law that prohibits people, groups from posting more than three bonds a year


A federal judge temporarily blocked part of a Georgia law on Friday that only allows people or organizations to post bonds three times a year if they do not meet the criteria for bail bond companies.

U.S. District Judge Victoria Marie Calvert blocked part of Senate Bill 63 for 14 days before it could take effect on July 1, according to The Associated Press. The judge told lawyers to offer arguments on whether it should be stayed until a lawsuit over the legislation is resolved.

The blocked section limits people and organizations from posting more than three cash bonds in a year unless they meet requirements for bail bond companies, which includes passing background checks, paying fees, holding a business license, securing the local sheriff’s approval and establishing a cash escrow account or other form of collateral.

Calvert is allowing other parts of the law to take effect, including requiring cash bail before people who are charged with certain crimes can be released from pretrial detention. The list of 30 crimes includes 18 that are always or often misdemeanors, including failure to appear in court for a traffic citation.

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A federal judge temporarily blocked part of a Georgia law that only allows people or organizations to post bonds three times a year. (AP)

The American Civil Liberties Union of Georgia and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center filed the lawsuit last week on behalf of Barred Business Foundation, an Atlanta-based nonprofit that facilitates campaigns to pay cash bail, and two Athens residents who run a charitable bail fund in association with their church.

The lawsuit alleges that the law’s restriction on bail funds are unconstitutional and requests that the judge block it.

The legislation “imposes what are arguably the most severe restrictions on charitable bail funds in the nation,” the lawsuit argues, adding that the limit on charitable bail funds is “incredibly burdensome — perhaps insurmountable — and is both irrational and arbitrary.”

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According to the lawsuit, the restrictions “will effectively eliminate charitable bail funds in Georgia.”

The Bail Project, a national nonprofit that helps thousands of low-income people post bonds, announced earlier this month it was forced to close its Atlanta branch in response to the law.

“We are encouraged by the judge’s ruling and its recognition that this law is unnecessary, harmful, and likely unconstitutional,” ACLU of Georgia legal director Cory Isaacson said in a statement. “We are relieved for our plaintiffs and the many people across the state that they serve. It’s unconscionable that people doing charitable bail work would face criminal penalties simply because they are helping people who are languishing in jail because of their poverty and have no other means of relief.”

The state argued in a brief filed Thursday that the law does not violate the plaintiffs’ rights of free speech and association because it would only restrict conduct that does not involve speech, saying that the plaintiffs may still criticize Georgia’s cash bail system, and that paying bail does not inherently send any message.

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Prisoner behind the jail cell bars

The lawsuit alleges that the law’s restriction on bail funds is unconstitutional. (iStock)

Supporters of the measure say that well-meaning groups should not have an issue with following the same rules that bail bond companies must adhere to.

The law comes amid Republican efforts to restrict community bail funds after they were used to post bonds for demonstrators arrested in 2020 protests against racial injustice and, subsequently, for demonstrators protesting against the construction of an Atlanta public safety training center, which has been dubbed “Cop City” by its opponents.

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State prosecutors have said that some “Stop Cop City” protesters had the Atlanta Solidarity Fund’s phone number written on their bodies, which they pointed to as evidence that the protesters planned to participate in illegal activity.

Last year, three of the bail fund’s leaders were charged with charity fraud. They are among 61 people indicted on racketeering charges.

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The Associated Press contributed to this report.



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