Augusta DA’s fight against law leads to courtroom

With Augusta’s DA joining peers to challenge a new Georgia, there was a big battle in court. At issue is the Prosecuting Attorneys Qualification Commission.
Published: Sep. 22, 2023 at 5:33 PM EDT
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ATLANTA - With Augusta’s district attorney joining his peers to challenge a new Georgia law, there was a big battle in court Friday.

At issue is the Prosecuting Attorneys Qualification Commission, which could start hearing cases at the start of next month.

It will be an eight-person panel selected by state officials – and it’ll have the power to remove prosecutors and district attorneys from office.

Augusta District Attorney Jared Williams is one of four DAs from across the state opposing the measure.

There was a hearing Friday on their case.


The lawsuit claims the commission targets minority Democrats in a conservative state.

There are already legislators who have vowed starting Oct. 1 to file commission complaints against DAs, including Fulton County’s Fani Willis – who charged Donald Trump with election interference and 12 additional charges.

State Republicans are defending the law, Georgia Attorney General Chris Carr said.

“Unfortunately, some district attorneys have embraced the progressive movement across the nation of refusing to enforce the law,” he said.

“District attorneys who choose to violate their oaths of office are not immune from accountability.”

During Friday’s hearing, the defense argued that district attorneys are bound by the Georgia Constitution to represent state’s interests.

It’s up to Superior Court Judge Paige Whitacker to decide the constitutionality of the law and the commission.

Led by DeKalb County District Attorney Sherry Boston, the group of plaintiffs includes Towaliga District Attorney Jonathan Adams, Williams and Cobb District Attorney Flynn Broady.

“We should be encouraging district attorneys to be more transparent about their work, not less open and honest,” Williams said when the lawsuit was filed. “SB 92 hurts prosecutors who want to have a dialogue with their constituents.”


The prosecutors in Boston v. State of Georgia are represented by Public Rights Project — a national nonprofit that works with local governments to protect civil rights — along with Washington, Dreyer, and Associates, and Bruce P. Brown Law.

The lawsuit argues that SB 92 undermines the fundamental structure of Georgia’s Constitution, which entrusts local communities to choose their own district attorneys.