Judge allows prosecuting attorney's oversight commission to begin investigations

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DeKalb District Attorney Sherry Boston addresses reporters on Sept. 22, 2023, outside the Fulton County Courthouse.

Credit: Sarah Kallis / GPB News

A Fulton County Superior Court Judge decided the new prosecuting attorney’s oversight commission can beginning investigations despite a pending legal challenge on Friday.

The commission, created by Senate Bill 92 in the 2023 Legislative Session, has the power to remove duly elected district attorneys and solicitor generals from office. Reasons for removal include refusal to prosecute certain crimes or physical or mental incapacity. Some Georgia district attorneys have said they will not prosecute misdemeanor marijuana possession charges or illegal abortions. 

DeKalb County District Attorney Sherry Boston was one of four district attorneys that partnered with the advocacy organization Public Rights Project to file a lawsuit against the state. She called the law creating the commission an "assault on democracy."

After the decision was announced, Boston said that she intends to keep fighting the law. 

“While we are disappointed that our motion was denied, this is just the beginning of what we expect will be a long legal battle,” Boston said. "We look forward to presenting our full arguments against this dangerous and undemocratic law.  We intend to continue our fight for prosecutorial independence and the voters who elected us all the way to the Georgia Supreme Court."

Boston also said that looming investigations, including one threatened against Fulton District Attorney Fani Willis, compromise prosecutor’s ability to do their jobs.

Defenders of the law say it helps keep prosecutors in check.