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Georgia senators file new legislation to enact prosecutor oversight commission

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Georgia senators file new legislation to enact prosecutor oversight commission


ATLANTA — A pair of Georgia Senate leaders promised to continue efforts to enact a prosecutor oversight commission after a recent decision by Georgia justices put the commission with little room to maneuver, causing lawmakers to adjust their approach to enacting the oversight body.

In November, the Georgia Supreme Court declined to decide what rules the Prosecuting Attorneys Qualifications Commission could operate under, effectively putting the commission itself on hiatus due to how lawmakers created the body.

As previously reported by Channel 2 Action News, the justices said they lacked jurisdictional power to decide how the commission could proceed, due to the state’s constitutional separation of powers. Justices said that, in the legislators’ own writing, they could not decide because the legislation required judicial approval of rules for the commission to operate.

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The Georgia Supreme Court said they were unable to decide if those rules were able to be approved, saying “Because we are under no legal directive to take action, the most prudent course for us is to decline to take action without conclusively deciding any constitutional question,” the court said in its decision.

Now, Sens. Randy Roberts, (R-Cataula), and John F. Kennedy, (R-Macon), have filed new legislation to address the court’s decision about the standards.

According to a release from the two senators, they filed the bill for the coming legislative session to follow similar rules for other state commissions, with the home that the “simple remedy will allow the Commission to commence its important work.”

The PAQC was created by Senate Bill 92, which was signed into law in May 2023 by Gov. Brian Kemp.

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According to its supporters, the bill is intended to ensure accountability for what some call “rogue prosecutors.”

“We have seen theatrics take hold in Georgia over the safety and welfare of our communities as some prosecutors promise ‘reform’ and then deliver nothing but ineffectiveness and blatant disregard of the law,” Robertson, the chief sponsor of SB 92, said in a statement. “Most of the state’s prosecutors follow the law, adhere to their duties, and their communities remain safe and prosperous, and those individuals should be celebrated. On the other hand, you have a few rogue prosecutors that refuse to prosecute violent criminals, lead defunct and understaffed offices, and impose blanket policies for non-prosecution of crimes.”

Several Georgia district attorneys have sued to block the legislation and commission, including some from the metro Atlanta area, and not restricted to political party lines.

Channel 2 Action News has previously reported that the plaintiffs in the lawsuit include three Democrats and one Republican. Jonathan Adams, the Republican district attorney for Butts, Lamar and Monroe counties, opposes the legislation, saying it strips prosecutors of their discretion and independence.

“Although I may disagree with the D.A.’s decisions in other communities, I believe it’s their right to make those decisions and to represent their communities and constituents,” Adams said previously.

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Georgia

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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JUDGE ARRESTED AT ATLANTA NIGHTCLUB REMOVED FROM OFFICE FOR ‘JUDICIAL MISCONDUCT’

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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