SB3: SB3 Prosecuting Attorneys; convictions for district attorneys, assistant district attorneys, deputy district attorneys; provide additional qualifications

Georgia law already sets basic qualifications for district attorneys, such as residency, age, and bar admission. This bill adds a new disqualifying condition: anyone who solicits, accepts, or refuses to reject a pardon for a crime under Georgia, another state's, or federal law could not be elected or appointed district attorney. The bill also rewrites the rules for assistant district attorneys, deputy district attorneys, and other attorneys employed by a district attorney's office (O.C.G.A. § 15-18-21). Those attorneys could not have been convicted of a felony or have sought or accepted a pardon for a felony. Anyone in those positions who is later convicted of a felony, or who solicits, accepts, or refuses to reject a pardon for one, would have to immediately vacate the position. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Bars a person who solicits, accepts, or refuses to reject a pardon for any crime from being elected or appointed district attorney in Georgia.
• Adds a requirement that assistant district attorneys, deputy district attorneys, and other attorneys employed by a district attorney not have a felony conviction.
• Bars those same attorneys from having solicited, accepted, or refused to reject a pardon for a felony.
• Requires an assistant district attorney, deputy district attorney, or other employed attorney to immediately vacate their position upon a felony conviction or upon seeking or accepting a pardon for one.
• Sets the effective date as the date the Governor signs the bill or it otherwise becomes law without his signature.

District attorneys and candidates for that office, along with assistant district attorneys, deputy district attorneys, and other attorneys employed within Georgia district attorney offices across the state's judicial circuits.

The bill would let a felony conviction or a pardon request end someone's service as a district attorney or in a prosecutor's office immediately, adding new grounds for removal that do not currently exist and tightening who can hold or keep these prosecutorial positions.

• Section 1 revises O.C.G.A. § 15-18-3 to add that anyone who solicits, accepts, or refuses to reject a pardon for a crime cannot be elected or appointed district attorney.
• Section 2 revises O.C.G.A. § 15-18-21(b) to require assistant and deputy district attorneys, and other attorneys they employ, to have no felony conviction and no felony pardon request.
• Section 2 also requires immediate vacation of the position upon a felony conviction or a pardon solicitation, acceptance, or refusal to reject.
• Section 3 sets the effective date as approval by the Governor or the bill becoming law without approval.
• Section 4 repeals conflicting laws.

1. 2025-01-14Senate Read and Referred (Senate)
2. 2025-01-13Senate Hopper (Senate)

• Greg Dolezal (R, SD-027)Primary sponsor
• Brandon Beach (R, SD-021)
• Randy Robertson (R, SD-029)
• Larry Walker (R, SD-020)
• Ben Watson (R, SD-001)
• Blake Tillery (R, SD-019)
• Billy Hickman (R, SD-004)
• Kay Kirkpatrick (R, SD-032)
• Bill Cowsert (R, SD-046)
• Frank Ginn (R, SD-047)
• Russ Goodman (R, SD-008)
• Drew Echols (R, SD-049)
• Sam Watson (R, SD-011)
• Max Burns (R, SD-023)
• Timothy Bearden (R, SD-030)
• Brian Strickland (R, SD-042)
• Lee Anderson (R, SD-024)
• Clint Dixon (R, SD-045)
• Shawn Still (R, SD-048)
• Bo Hatchett (R, SD-050)
• Marty Harbin (R, SD-016)
• Colton Moore (R, SD-053)
• John Kennedy (R, SD-018)

• district attorneys
• prosecutor qualifications
• felony convictions
• pardons
• criminal justice