A judge is expressing skepticism at demands to freeze a new Georgia law that could discipline and remove state prosecutors.
The Georgia law, too, raises questions about prosecutorial discretion. That bedrock of the American judicial system says a prosecutor decides what criminal charges to seek and how heavy of a sentence to pursue. The Georgia law states a prosecutor can’t refuse to prosecute whole categories of crimes, but must instead decide charges case by case. It applies both to district attorneys and elected solicitors general, who prosecute lower-level crimes in some Georgia counties.
Those suing say that’s an example of how the law creates a bias in favor of prosecution. But Whitaker appeared to adopt the state’s arguments that the new act actually creates stronger defenses for discretion than an older section of state law, which requires a district attorney “to prosecute all indictable offenses.”
Its members also said the commission voted Sept. 15 not to investigate any acts that take place before rules are approved. It had appeared prosecutors could be disciplined or removed for acts beginning July 1.
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