Cobb DA and other prosecutors file suit to block new state oversight board

Cobb County District Attorney Flynn Broady has joined forces with other Georgia district attorneys to file a lawsuit challenging the constitutionality of Senate Bill 92, a controversial legislation passed by the General Assembly this year.

The lawsuit, filed in Fulton County Superior Court, argues that the legislation infringes upon the authority of locally elected prosecutors and undermines the democratic process. 

DeKalb County District Attorney Sherry Boston described SB 92 as not only an attack on prosecutors but also on democracy itself, as it restricts the rights of Georgians to vote for the representatives who align with their values in the courtroom.

The bill establishes an eight-member Prosecuting Attorneys Oversight Commission with the authority to investigate complaints against prosecutors and conduct hearings. 

The commission is empowered to discipline or remove prosecutors for various reasons, including misconduct, incapacity, failure to perform duties, conviction of a crime of moral turpitude, or conduct damaging to the office’s reputation.

The bill, passed largely along party lines by the Republican-controlled legislature in March, faced criticism from Republican lawmakers who accused Democratic-led prosecutors in Georgia cities of being reluctant to prosecute certain crimes, particularly during the civil unrest following the killing of George Floyd in 2020.

Governor Brian Kemp supported the bill, emphasizing the need for public safety and accountability in the criminal justice system.

Joining the lawsuit are District Attorney Jared Williams from Augusta and District Attorney Jonathan Adams from the Towaliga Judicial Circuit, which serves Butts, Lamar, and Monroe counties. The prosecutors are represented by Public Rights Project, a national nonprofit organization focusing on civil rights issues in collaboration with local governments.

The lawsuit aims to invalidate the legislation or, at the very least, prevent the new oversight commission from processing complaints or disciplining local prosecutors. It underscores the broader nationwide challenge faced by prosecutors attempting to represent the will of the voters and implement reforms to foster a fairer criminal justice system, making Georgia a focal point in this struggle.