Governor’s ‘Republican’ review panel fails to bar Still from Senate seat following Fulton indictment

The recent decision by Gov. Brian Kemp’s three-member panel not to suspend Republican State Sen. Shawn Still after he was indicted and charged in Fulton County with signing a false election certificate declaring Donald Trump as the winner of the 2020 election has raised concerns among citizens across the state.

Many are calling out the governor for failing to treat all alleged crimes by elected officials the same. They told SPOTLIGHT that if Kemp suspended one, he must suspend all, but it appears that he only wants to remove people of color accused of crimes. 

Kemp’s panel, which consisted of Attorney General Chris Carr, House Majority Leader Chuck Efstration, and Senate Majority Leader Steve Gooch, are all Republicans and White. Their initial appointment left many questioning the panel that was assembled and raised immediate suspicions that an effort was underway to allow Still to remain in office despite the charges against him.

Following the announcement by the panel not to remove Still, Kemp’s office issued a statement that the panel’s decision effectively ends the inquiry into whether Still can continue to serve in the Georgia Senate, but does it?



Critics point to a different scenario just five months prior when Kemp acted swiftly to remove Douglas County Commission Chairwoman Romona Jackson Jones and Commissioner Henry Mitchell III following their indictments on bid-rigging charges. In that case, a three-member panel appointed by Kemp recommended their suspension, and Kemp acted on it. However, there are notable differences between the two situations. Accusations of criminal behavior have been alleged, but the only person in the two scenarios allowed to remain in office is Stills.



Others point to the incident involving Bleckley County Sheriff Kris Coody, who is also a White Republican, and Judge Glenda Hatchett, a TV judge personality who is Black. Cody recently resigned in disgrace after pleading guilty to groping Hatchett at a Sheriff’s convention in January 2022. Prior to Coody’s plea and resignation, there were immediate demands for Governor Brian Kemp to suspend Coody for the assault, but Kemp did not take any action. Hatchett and others expressed disbelief and argued that the governor should have taken matters into his own hands and used his administrative powers to at least temporarily sideline Coody before his eventual resignation. Kemp did not. He allowed him to stay in office.

In the case of the Douglas County officials, Kemp appointed a bipartisan panel which included retired Chief Justice Leah Ward Sears and two commissioners from other jurisdictions in the state. The appointment of a bipartisan composition provided a level of impartiality in the decision-making process. On the other hand, in Still’s case, no judge was included, and the panel was composed entirely of Republicans. It is important to point out that the officials suspended in the Douglas County case were Black and Democrats, while Still and Cody are White and a Republicans.

The contrasting treatment of Still compared to Douglas County officials has led to accusations of unfairness and a double standard by the Governor of the state. Critics argue that there appears to be a discrepancy in how individuals facing indictment and removal from office are treated based on their political affiliation and race. This has led some to question whether the decision not to suspend Still is politically motivated or biased in favor of a fellow Republican, especially given the nature of the charges against him, which involve attempting to falsely certify election results.

Under Georgia law, the governor is mandated to suspend a state legislator facing criminal charges if a commission determines that the indictment is connected to or negatively impacts the administration of their office, and if the public is adversely affected by the legislator’s actions. The decision by Kemp’s panel not to suspend Still, despite his indictment on charges related to falsely certifying election results, has generated criticism from left-leaning groups and individuals as well.

There is growing dissatisfaction and concerns regarding the panel’s decision because many believe that Still’s indictment and alleged actions should have led to his suspension in accordance with Georgia law. Critics argue that the decision not to suspend him raises questions about the application of the law and the accountability of public officials facing criminal charges despite race or political party.

Turning to Attorney General Chris Carr, some say that he is speaking out of both sides of his mouth when it comes to justice and holding officials accountable. They point to comments Carr made in the case of the Douglas County Officials. Carr said at the time: “Those who work for the taxpayers of Georgia are expected to uphold high ethical standards and to perform their duties in an honest and transparent manner. Whether an elected official or employee, anyone who breaks this trust will be held accountable for their actions.”

It is apparent that Carr has forgotten those resolute words he uttered as he recommended that Stills stay in office and not be suspended after he was accused of acts that one can easily reduce to violating the public trust. Someone who has not forgotten his comments is Former Democratic state Sen. Jen Jordan, who ran against Carr last year. Jordan expressed her concern, stating that the panel’s decision demonstrated a lack of accountability for Still’s actions. She places blame clearly at Carr’s feet.

Several left-leaning groups have also issued statements condemning the panel’s decision as they point to the legal requirement that is in place to ensure accountability and maintain the integrity of public office in cases where a legislator is facing serious criminal charges that could affect their ability to serve effectively. Still’s involvement in anything related to elections and the redistricting case that may come back to the General Assembly for a special session are two of the main reasons they say Kemp should have suspended Still.


Background on Still’s Indictment

Still is one of 19 defendants — including Trump — in the indictment brought by Fulton County District Attorney Fani Willis that alleges the former president led an illegal scheme to reverse Joe Biden’s victory in Georgia. Still was one of 16 Republican electors who convened to cast their ballots for Trump in December 2020 — even as the state’s official Democratic electors met to cast their ballots for Biden. Still was the secretary of that meeting and is one of only three members of that group who was indicted. He faces seven counts, including the main racketeering charge as well as felony counts of impersonating a public officer, forgery, attempting to file false documents and false statements and writings, all stemming from the elector meeting.

The indictment charges Still and two other Republican electors — former state GOP chair David Shafer and Cathleen Latham — of impersonating public officers, forgery, false statements and attempting to file false documents in connection with the fake electors.

Still is a Republican who lives in the north Atlanta suburb of Johns Creek. He is a swimming pool contractor and former state Republican Party finance chairman.

Still later won a Gwinnett-based Senate seat in 2022.