Fulton County District Attorney Fani Willis was granted a boost by the Georgia Supreme Court when it refused to give a recently established commission the authority to remove state prosecutors, thwarting Georgia Republicans who were set to use it against her.
In the ruling Wednesday, the court expressed "grave doubts" about its ability to regulate the duties of district attorneys beyond the practice of law and refused to approve rules for the Prosecuting Attorneys Qualifications Commission, Newsweek reported.
The commission was signed into law by Georgia Gov. Brian Kemp in May to remove local prosecutors who are unable to fulfill their "constitutional and statutory duties" or those who are "driven by out-of-touch politics."
"We have grave doubts that we have the constitutional power to take any action on the draft standards and rules," the court reportedly wrote in its ruling. "But deciding the question of whether we actually have that power would require deciding difficult constitutional questions of first impression outside of the adversarial process.
"If district attorneys exercise judicial power, our regulation of the exercise of that power may well be within our inherent power as the head of the Judicial Branch. But if district attorneys exercise only executive power, our regulation of the exercise of that power would likely be beyond the scope of our judicial power."
In August, Georgia state Sen. Clint Dixon said that the panel would be asked to investigate Willis over her alleged partisan targeting of former President Donald Trump in her 2020 election interference case. The former president is facing 13 felony charges and has pleaded not guilty.
During her massive racketeering case against him, Willis has frequently come under attack from Trump, who is currently the front-runner for the 2024 GOP presidential nomination. Trump has accused Willis of running a politically motivated witch hunt to prevent him from winning the presidential election next year.
The Associated Press reported that commissioners have said they cannot begin work until rules take effect, having voted in September not to investigate any incidents that take place before rules are approved.
Republican state Rep. Houston Gaines said the panel could begin disciplining and possibly removing prosecutors as early as January, once state lawmakers remove the requirement that the high court approve the rules.
"This commission has been years in the making — and now it has its appointees and rules and regulations ready to go," Gaines told The Associated Press in a text message. "As soon as the legislature can address this final issue from the court, rogue prosecutors will be held accountable."
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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