Peach Tree Times

Today, the Georgia House of Representatives approved House Bill 881, which provides details for a prosecutorial oversight commission established by Senate Bill 92 in 2023. This bill allows an unelected commission to override active investigations and removes several provisions related to the Supreme Court of Georgia's approval of the commission's rules. It also omits definitions of mental or physical incapacity and eliminates provisions for appealing the commission's decisions to the court.

Before reaching the house floor, HB 881 was reviewed by the Judiciary Non-Civil Committee last Tuesday.

Aunna Dennis, Executive Director of Common Cause Georgia, expressed concerns about the bill. She stated: "This bill’s language is vague and has no clear roadmap of checks and balances within its purpose and is politically-motivated."

Dennis questioned why there is no requirement for court approval of the commission's rules: "Why don’t they want the Supreme Court overseeing the commission’s standards of conduct and rules? What exactly are they planning to propose that they think the Court would refuse to approve?"

She emphasized that prosecutors should have protections while defending state laws: "Prosecutors who defend our state constitution should be able to do so safely. How are prosecutors able to defend themselves from challenging corruption in our government without the proper protections?"

Dennis also raised concerns about diversity and inclusion standards: "There are already professional standards connected to this bill. What are the diversity and inclusion standards and equal protection claims available to prosecutors?"

According to Dennis, Georgia's Department of Justice opposes HB 881 due to its potential negative impact on prosecutors: "Georgia’s DOJ has already spoken against this ambiguous bill and the chilling effect it will have for Georgia prosecutors."

She concluded with a call for legislative action: "The Legislature should be working to amend HB 881 to address these issues and ambiguities in the original SB 92 law, not exacerbate them."