A new state law threatens the ability of prosecutors to do their jobs by exercising discretion and judgment.
in Fulton County on behalf of a bipartisan coalition of four Georgia prosecutors who have challenged the constitutionality of S.B. 92. At its heart, the law threatens the ability of prosecutors to do their jobs by exercising discretion and judgment, something prosecutors and their staff do hundreds of times every day. On Aug. 24, weand stop the commission from investigating or disciplining any Georgia prosecutor.
Having each served as advisers to elected state attorneys general, we understand how fundamental discretion is to the work of prosecutors. With finite resources and a world with endless problems to address, prosecutors must make calls about what to make a priority and where to allocate resources. Making these hard decisions is not an abdication of responsibility. It is a requirement of the job and an essential component of effective leadership.
The law is also anti-democratic. Prosecutors are elected by voters who choose their vision for public safety. When local communities do not like the district attorney’s choices, they can let them know through protests, direct constituent engagement and the ballot box. But S.B. 92 empowers the commission to override the will of the people, which is precisely what Trump and his cronies tried to do after the 2020 election.S.B.
Georgia is not alone in its efforts to strip prosecutors of their discretion, or even their powers. Inby the Local Solutions Support Center, we found an accelerating trend among states to “pre-empt” prosecutorial discretion through enhanced oversight or the transfer of power to centralized state agencies. During this year’s legislative session, at least three states, including Georgia, passed new laws that add to this worrisome pattern.
Tennessee’s Legislature passed a law to prevent district attorneys from seeking post-conviction relief in death penalty cases. A
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