More than 80 criminal justice leaders urge GA Court to protect prosecutorial independence in GA—and across the U.S.— by declaring SB 92 unconstitutional.

Fani T. Willis is the District Attorney for Fulton County, Georgia, the state’s largest county and the home to over one million Georgians.
Celeste Fremon
Written by Celeste Fremon

This past week, a group of 84 current and former elected prosecutors, former U.S. Attorneys, and former Department of Justice officials sought permission to file an amicus brief urging the Fulton County Superior Court to uphold the independence of locally elected district attorneys and to “safeguard the right of voters” to choose the leaders they prefer, including prosecutors, without the interference of potentially politically motivated local lawmakers.

The new amicus brief was submitted in support of a lawsuit brought by four Georgia prosecutors challenging the constitutionality of GA’s Senate Bill 92 (SB 92), a statute passed earlier this year that created an oversight commission appointed by state legislators, which has the power to investigate and remove local prosecutors from office—prominently including Fani Willis the district attorney for Fulton County, GA, who announced the indictment of former President Donald Trump last month.

Those who signed the new proposed amicus brief argue that SB 92 not only “illegally infringes on prosecutorial discretion,” it also undermines “local control and self-governance.”

The state statute, the signatories say, “raises serious questions about fairness and politicization of the justice system,” all of which does damage to “community trust in the criminal legal system and undermine public safety.”

When SB 92 was originally passed by the Georgia state legislature, the idea was to create an eight-member oversight commission to keep tabs on the state’s district attorneys. The newly created body would also have the power remove district attorneys and solicitor generals for a variety of reasons.

The stated purpose of the new commission was to remove DAs who failed to prosecute certain crimes.

Yet, even at the time of its passage, many believed that that one of the law’s unstated reasons for being in the eyes of certain state legislators was for its potential as a tool that could be used remove Fulton County DA Willis, if she managed to indict the former president, a possibility that has now, of course, come to pass.

When, on Monday, August 14, DA Willis unveiled the indictment Trump and 18 of his alleged allies, (which we now know was only roughly half of the 39 people recommended to her by a special grand jury tasked with investigating efforts to overturn Georgia’s 2020 presidential election) at least two state senators told reporters that they indeed planned to use the commission to investigate Willis.

In the past few days, GA lawmakers were more definitive about the matter when they announced that they would take up the issue next January, in their first session of 2024.

“The impact of SB 92 is no longer hypothetical,” wrote Miriam Krinsky, in an email to WitnessLA. “Some politicians are seeking to use it to protect their political interests and power, and it is fundamentally at odds with our democracy to allow these intrusions on local control and prosecutorial independence to stand,”

Krinsky, for those unfamiliar, is a respected former prosecutor who is the founder and executive director of Fair and Just Prosecution.

“We hope that the court will protect the well-established apolitical role of prosecutorial discretion and ensure that the people of Georgia maintain the right to choose leaders who best reflect their community’s vision of justice.” 

Like Krinsky, several other signatories to the brief stressed that the oversight commission risks making voters believe they will have no say in how their democratically elected official carries out his or his job.

“As an elected prosecutor, I am accountable to my community to follow through on their vision of justice and public safety,” said Wyandotte County (Kansas City, Kansas) District Attorney Mark Dupree, who is among the signatories to the brief.

“And every four years, they get to decide whether I have done enough to earn their support. But SB 92,” he said, “threatens to upend that system of democracy in Georgia by allowing outside forces to oust prosecutors over nothing more than political differences. If people believe their vote can be overturned at any time, trust in our democracy and institutions will suffer, which makes us all less safe,”

Former U.S. Solicitor General Charles Fried (who is also a former Associate Justice of the Supreme Judicial Court of Massachusetts), was also emphatic.

“For decades, our judicial system has respected and safeguarded prosecutorial discretion,” Fried wrote, “and there is no reason for the courts not to maintain that commitment to separation of powers and the independence of the prosecutor. To disregard such a cornerstone of the American criminal legal system could have devastating effects on democracy and public safety.”

In other words, if left unchecked, the damage potentially may not be limited to Georgia.

District Attorney for Stone Mountain, GA, Sherry Boston, who is one of the four Georgia prosecutors who brought the lawsuit that the amicus brief supports, had this to say about the issue.

“Not only is SB 92 unconstitutional, this new commission is also unnecessary and wasteful,” she said.

“Georgia already provides other ways to address misconduct by prosecutors—including Bar discipline, impeachment, and ultimately, the ballot box.”

(DA Sherry Boston is one of three Black female District Attorneys in the state of Georgia, and among the one-percent of Black females currently serving as District Attorney nationwide. Prior to her role as District Attorney, Ms. Boston served as DeKalb County’s Solicitor-General.)

Other signatories to the new brief include Georgia District Attorneys Shalena Cook Jones (Chatham County), Deborah Gonzalez (Western Judicial Circuit) and Dalia Racine (Douglas County); former DeKalb County, Ga. District Attorney J. Tom Morgan; former U.S. Solicitor General Seth Waxman; current Attorneys General Kathleen Jennings (Delaware) and Brian Schwalb (District of Columbia); and former Attorneys General Douglas Chin (Hawaii), Scott Harshbarger (Massachusetts) and Patricia A. Madrid (New Mexico).

Among the California signatories are Diana Becton, District Attorney, Contra Costa County; Gil Garcetti, Former District Attorney, Los Angeles County; George Gascón, District Attorney, Los Angeles County; Ira Reiner, Former District Attorney, Los Angeles County, California Former City Attorney, Los Angeles; Jeff Rosen, District Attorney, Santa Clara County; Tori Verber Salazar, Former District Attorney, San Joaquin County; Chesa Boudin, Former District Attorney, City and County of San Francisco; and Pamela Price, District Attorney, Alameda County.

More on the issue as we know it.


  • It sounds like all the prosecutors and former prosecutors that signed the letter are upset because in Georgia they will actually have to be held accountable for the job they were elected. They will not be able to use their position to remove political opponents. If it wasn’t for corrupt individuals like latita James in New York, Gil Garcetti in Los Angeles and Fannie Willis in Georgia there wouldn’t be a need to pass a law like SB92. These individuals think that they are getting away with using their position to attack political opponents. The Tide is changing and I’m pretty sure they’re not going to like what the future holds for them. Those prison cells that they’re trying to put their political opponents in may end up being their homes.

  • Fannie Willis has been working on these indictments for over two years. There was no political motivation. There was criminal activity that she and her staff investigated and got a grand jury to agree with them that criminal charges needed to be filed. It is your choice if you don’t agree with it but to have a bill in place where a D.A., who is just doing her job, can be ousted because politically motivated people don’t agree with her bringing these particular charges against these particular people, is beyond the pale. It is tantamount to criminal activity itself to pass a bill that is unconstitutional and strictly for political maneuvering. Our country’s legislatures, both state and federal, used to be moral about these types of games and didn’t allow them. Now anything goes and our democracy will continue being thrown into the gutter with antics such as this. It is a sad state of affairs for our country when we can’t count on our elected officials to do what is right and moral for the country and its citizens and leave their political bias out of it.

  • Do you not like James or Willis because they’re doing the legal job of upholding laws created and founded for this nation? Or is it because you hate seeing poor little Donny being held accountable to the abuses he brazenly believes he can get by with? Garcetti was a bad prosecutor, so we agree on him. Fani and Leticia seem to have their game going right. I say let the legal process play out. If DJT is guilty, I’m sure it’ll be because of evidence (facts), and not because of political leanings. Both ladies have too much riding in their careers to be playing politics as some on the right suggest. My suspicion is you just don’t believe in equal justice being applied when it handicaps your little small hands, small minded, sore loser, bad karma, idol. Despite all its imperfections, I trust jurors and the legal system. When they become abused, then a thing called an appeal cleans things up. I’m sure your political guru will be granted that so his political persecution is nothing more than a campaign fundraising scam. As usual with him.

  • Corrupt individuals are those who don’t want those voted by the people to apply the law to everyone. Those who want the opportunity to cherry pick who and when the laws should apply. We have special councils, we have jurors of peers in our communities who have a civic duty to review cases and apply the rulevif law. Unbiased. This is being implemented to undermine the process and punish those who carry out their duties under the rule law.

  • Buck Rogers…..spoken like a try, dyed in the wool, treasonous, Fox news watching, swallow all the kool-aid, brain washed Maga zealot.

  • When Leftist Prosecutors go after political opponents they should be fired, then Arrested for wasting States money, that Law was passed because of Left leaning democrats, they are trying to steal elections where ever they can, and especially when they posted the indictment the night before grand jury only voted to indict the next morning

  • Trump said ..no one is above the law.. is that not for everyone….when do wrong you pay for it, that’s why we have laws.

  • Let Willis and the rest of them do there job. Stop making up laws to save trumpie its the only reason your going after them ladies. Who’s unfair you all that are making up laws to cheat lie get what you want instead of following the law

  • No, Mr. Rogers, they are upset for the exact reasons stated. Accountability is through the people which are the voters who put them in office. And, if it’s illegal, through the courts. Accountability is not taking such a drastic action as removing a duly elected official because you don’t like them holding someone accountable for indicted wrongdoing through court; someone who happens to be their political accomplices.

  • Every one gets due process regardless of who you are. Sounds like Georgia want to protect Trumps lawlessness. Trust and believe this is the reason for the measure.

  • I find it amazing that since former president Trump has been indicted, there are all of groups forming it appearing to come up with all types of reasons that supports him and some of his allies not being accountable for their crimes in an attempt to overthrow the government by keeping Trump in power. No one is above the law! What are we trying to prove here? Let Willis do her job. Leave her alone. This is what she was hired to do prosecute criminals. There will never be complete justice if Trump and those in his circle that assisted him in his attempt to overthrow the government are not held accountable. In my opinion it has taken years of investigating to finally get enough evidences to bring Trump down and it’s not politics it the law! Stop fighting progress this man broke the law and like others that break the law they are held accountable why not Trump and his allies?

  • They are trying to take away the people’s voices, want happen, the crooks, trying to make a name for themselves, will simply fail, the real crooks will fail in the long run, GOD DON’T LIKE UGLY, AND HE WILL PROTECT HIS PEOPLE AND TRUTH, WATCH AND SEE, AMEN.

  • It is unconstitutional to try and remove duly elected prosecutors by the voters just because they inducted a former President who is truly a criminal, has committed felonies and needs to be held accountable. The aforementioned Prosecutors were hired to prosecute anyone who breaks the law regardless of their status.

  • Stop the rambling is no way you can explain that people can elect somebody and you try and find s way to unelect them. That goes against exactly what this country and elections is based on smh

  • Sounds like to me people want to protect the ones who want to overtake democracy and disagree with Fannie Willis, but the evidence is to overwhelming to be overlooked.

  • What about Hillary and Bill Clinton, Biden and pence and hunter they are the crooks that the democrats want to protect

  • It’s amazing how Donlusional Donnie and family can break laws and make billions off the last name Trump. But go after everyone who’s black and prosecutors and locking up the Great White Mr. Charlie. Racist is the MAGA Party

  • Did someone try to compare Trump with the Clintons, the Bidens, and Pence? Which one of them tried to overthrow the United States Government again? I can’t believe I’m watching very well educated people in governments across the nations lie blatantly to protect someone who tried to overthrow the United States Government. So obviously and out in the open, they lie. Even when they know their audience knows they’re lying, they continue to lie and most of the audience believes it. So they look for loopholes that can be used to prove a guilty person is not guilty or try to eliminate making that decision at all. This can’t be happening.

  • I wish that all the Politicians that are saying Trump is innocent and being picked on that are holding an office be Charged with Aiding and Abetting, this would stop People from Lying.
    They have their opinions but if it’s Lies then they should be held responsible.

  • She is a joke this whole thing is a democratic scam people have no Fath in our DOJ any more I think ill just roll with we the people. they can change what ever laws they want ill follow my own laws what I think not dictators.

  • If the People Elected Political Officials Cannot Do What They were Hired to do? Then Why have an ELECTION for We, The People to Chose? If the Federal Government Can Interfer with the State Cases. Then the Federal Government Can Tell the State Elected Officials Who They Can Prosecute. That is Not Fair Nor is it Justice! That Would Mean That The Criminals in The Federal Level would Not be held Accountable to State Laws that They break because They are The Federal Government. Well then They are Saying They Can Break the Laws @ a State Law level and Get away with it. That is Not Justice for All! That is Pick and Choose Justice! This Justice is Blind for a Reason! Which Means Whoever breaks the Laws of the Land are Held Accountable No Matter Who You are! PERIOD!

  • Considering all criminals (including Mr. Trump) are judged by a jury of their peers, what are the creators of this bill afraid of? Either the DA has the evidence to convict or they don’t!

  • One has a right to call out a rigged election, too many know this was fishy. The list of soros placed DA s , Prosecutor’s reads like a crime novel!

  • @Jack
    “One has a right to call out a rigged election, too many know this was fishy. ”

    Ya gotta love, after dozens of lawsuits conclude no evidence of fraud, Trumps own AG who carried his water for years states definitively there was no fraud, all you folks hurt over your insurrectionist hero’s loss have left is to say “this was fishy.” Stop it, you’re killin’ me…

  • DA Gascon’s controversial tenure saw the implementation of personal directives, straying from strict enforcement of laws as written. Concerns were raised about deviation from established legal practices. Additionally, LA County officials, possessing equal power but not the same level, voted for the ability to remove an elected sheriff, revealing a contentious relationship between the two parties.

  • Additionally, The concerns raised in the amicus brief regarding Georgia’s Senate Bill 92 seem misplaced. The oversight commission created by the bill aims to ensure accountability and address potential misconduct by district attorneys. It is crucial to have checks and balances in place to protect the integrity of the justice system. The notion that the commission is a tool to target specific prosecutors based on political differences is speculative at best. The brief fails to acknowledge that the commission’s purpose is to hold prosecutors accountable for their actions, providing an additional avenue, alongside existing mechanisms, to address potential misconduct. Upholding the rule of law is essential for maintaining public trust and ensuring justice is served.

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