SR5: SR5 Senate Special Committee on Investigations; reauthorizing

25 LC 47 3186 Senate Resolution 5 By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Beach of the 21st, Still of the 48th and others ADOPTED SENATE A RESOLUTION Reauthorizing the Senate Special Committee on Investigations; to provide for the issuance1 of compulsory process to secure the attendance of witnesses or the production of documents2 and materials; and for other purposes.3 WHEREAS, in early 2024 it came to the attention of the Senate, through public reports and4 court filings, that Fani Willis, district attorney for the Atla nta Judicial Circuit, which5 comprises Fulton County, was accused of various forms of miscon duct relating to the6 prosecution of cases related to the 2020 Presidential Election; and7 WHEREAS, such alleged misconduct included the expenditure of significant public funds8 for the purpose of hiring a special assistant district attorney , with whom District Attorney9 Willis had an ongoing romantic relationship; and10 WHEREAS, such relationship was eventually admitted in open court; and11 WHEREAS, the Superior Court of the Atlanta Judicial Circuit, which is presiding over the12 trial where such allegations have become an issue concluded, among other things, that the13 practices of District Attorney Fani Willis in the case of State v. Trump created "a significant14 appearance of impropriety that infects the current structure of the prosecution team … [and15 S. R. 5 - 1 - 25 LC 47 3186 that] a perceived conflict in the reasonable eyes of the public threatens confidence in the16 legal system itself. When this danger goes uncorrected, it und ermines the legitimacy and17 moral focus of our already weakest branch of government," State v. Trump , 2024 WL18 1236900, at * 1, 5 (Ga. Super. Mar. 15, 2024); and19 WHEREAS, after examining the "facts and circumstances" at issue, the Court of Appeals of20 Georgia agreed that the practices created an appearance of impropriety and that the matter21 presented "the rare case in which disqualification [of District Attorney Fani Willis] is22 mandated and [that] no other remedy will suffice to restore public confidence in the integrity23 of [the] proceedings," Roman v. State, A24A1595, 2024 WL 516724 at *7 (Ga. App. Dec.24 19, 2024); and25 WHEREAS, many have concluded that the conduct of District Attorney Willis has brought26 her and her office into disrepute; undermined public confidence in the fair, impartial, and27 disinterested administration of justice by prosecutors across o ur state; and cast significant28 doubt as to the purpose and validity of the charges her office has brought in regard to29 the 2020 Presidential Election; and30 WHEREAS, the General Assembly is empowered by the Constitution of the State of Georgia31 to pass legislation to regulate certain prosecutorial practices, including those at issue in the32 Roman v. State matter, see Ga. Const. Art. VI, Sec. VIII, Paras. I and II; and33 WHEREAS, the taxpayers of Fulton County have already borne a significant financial cost34 in supporting activities relating to this prosecution, including the hiring of investigators and35 attorneys, the conduct of grand jury proceedings, negotiation of plea agreements with various36 co-defendants in the case, and other activities relating to the sprawling investigation of37 the 2020 Presidential Election; and38 S. R. 5 - 2 - 25 LC 47 3186 WHEREAS, inquiry into these circumstances may show that existing state laws, including39 those establishing processes for selecting, hiring, and compensating special assistant district40 attorneys, are inadequate to address various legal and fiscal issues raised by District Attorney41 Willis's alleged conduct; and42 WHEREAS, the General Assembly, of which the Senate is a part, has "the power to make43 all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the44 United States, which it shall deem necessary and proper for the welfare of the state"; see Ga.45 Const. Art. III, Sec. VI, Para. I; and46 WHEREAS, Article III, Section IX, Paragraph II(b) of the Georgia Constitution provides that47 "[t]he General Assembly shall annually appropriate those state and federal funds necessary48 to operate all the various departments and agencies" of state g overnment, including the49 Prosecuting Attorneys' Council of the State of Georgia and the Prosecuting Attorneys50 Qualifications Commission; and51 WHEREAS, the Georgia Supreme Court, in Dean v. Bolton , 235 Ga. 544, held that52 constitutional separation of powers does not prohibit the legislative branch from investigating53 the official conduct of any person performing duties in any branch of the government; and54 WHEREAS, the Senate has the inherent power and authority to conduct investigations into55 any matter relevant to the administration of existing laws, pro posals for new or amended56 laws, the expenditure of public funds, the conduct of public officers who discharge powers57 and duties under state law, and any other matter germane to its role as part of the legislative58 branch of state government; and59 S. R. 5 - 3 - 25 LC 47 3186 WHEREAS, the Superior Court of the Atlanta Judicial Circuit considered the question of the60 Senate's authority to act in this manner and the manner authorized by Senate Resolution 465,61 which the Senate adopted during that 157th General Assembly, se e Willis v. The Georgia62 Senate Special Committee on Investigations, et al. , Civil Action No. 24CV011204 (Ga.63 Super. Dec. 23, 2024); and64 WHEREAS, over the objections of District Attorney Willis, the S uperior Court in Willis65 agreed and acknowledged that precedent maintains that the "inhe rent powers of our State66 General Assembly are awesome … The legislature is absolutely unrestricted in its power to67 legislate, so long as it does not undertake to enact measures prohibited by the State or Federal68 Constitution," Willis at 2 (citing Ga. Power Co. v. Allied Chem. Corp. , 233 Ga. 558, 56569 (citing Sears v. State of Georgia, 232 Ga. 547, 553-54)); and 70 WHEREAS, the Willis court further recognized that the "State Constitution authorizes each71 chamber to adopt its own rules and create committees … Here, th e Senate, as a chamber,72 empowered itself to issue subpoenas, which it was authorized to do," Willis at 3 (citing Ga.73 Const. Art. III, Sec. IV, Par. IV; Coggin v. Davey, 233 Ga. 407, 411); and74 75 WHEREAS, such inherent powers also include the authority to create special committees for76 the purpose of conducting investigations and to endow such committees with all the inherent77 powers of investigation possessed by the Senate, including the power to compel the78 appearance and testimony of witnesses and the production of records and the power to place79 witnesses under oath or affirmation; and80 WHEREAS, in addition to such inherent powers, Code Sections 45- 15-17 and 45-15-1981 empower the General Assembly to make investigations into the affairs of the state and further82 authorize compelling the appearance and testimony of witnesses and the production of83 S. R. 5 - 4 - 25 LC 47 3186 records and grants, the power to place witnesses under oath or affirmation, and to enforce84 subpoenas issued pursuant thereto; and85 WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for86 the creation of interim committees pursuant to the authority of the General Assembly or of87 either house; and88 WHEREAS, in 2024, with the adop tion of Senate Resolution 465, i t was the sense of the89 Senate that such issues arising from or relating to the conduct of District Attorney Willis90 were best examined by a select group of Senators who, acting as a special committee, were91 empowered by the Senate to exercise each of the Senate's inherent powers of investigation;92 and93 WHEREAS, the special committee established pursuant to Senate Resolution 465 diligently94 conducted its investigation, holding multiple meetings where su ch committee was able to95 take testimony from a number of witnesses, and received a numbe r of books, records, and96 papers from such witnesses, but was not able to complete the investigation prior to the end97 of the 157th General Assembly; and98 WHEREAS, in the exercise of the aforesaid powers, it remains ne cessary to determine99 whether the conduct of District Attorney Willis should be addressed by the enactment of new100 or amended laws of statewide application, prompt some change in state appropriations, or101 both; and102 WHEREAS, it remains the sense of the Senate that such issues arising from or relating to the103 alleged and admitted misconduct of District Attorney Willis are best examined by a select104 S. R. 5 - 5 - 25 LC 47 3186 group of Senators who, acting as a special committee, shall be empowered to exercise each105 of the Senate's inherent and statutory powers of investigation.106 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:107 (1) Delegation of Authority and Recreation and Reauthorization of t he Senate108 special committee. The Senate hereby delegates its powers to the Senate Special109 Committee on Investigations, which is recreated and reauthorized.110 (2) Members and officers. The committee shall be composed of no more than nine111 members, at least three of whom shall be from the minority party. All members shall be112 appointed by the Senate Committee on Assignments, which shall also select a chairperson113 of the committee from its membership.114 (3) Powers and duties. The committee is hereby reauthorized to undertake a legislative115 investigation into the issues mentioned above or related theret o. For the purpose of116 conducting any investigation as provided herein, the committee shall have the power to117 administer oaths; to call any party to testify under oath at such investigations; to require118 the attendance of witnesses and the production of books, records, and papers; and to take119 the depositions of witnesses. For such purposes, the committee is reauthorized to issue120 subpoenas for any witness or to compel the production of any books, records, or papers121 and is further reauthorized to undertake such actions as may be necessary to enforce such122 subpoenas in cases of refusal to obey. The committee is hereby declared to be the123 successor to the committee established pursuant to Senate Resolution 465 and shall have124 access to and control over any books, records, or papers obtain ed by such earlier125 committee. Pursuant to Senate Rule 2-1.5(d), the committee may establish rules of126 operation that are not in conflict with Senate Rules or the most current edition of Mason's127 Manual of Legislative Procedure; provided, however, the committee may not establish128 rules that authorize one member to issue subpoenas without the consent of the committee129 S. R. 5 - 6 - 25 LC 47 3186 as demonstrated by a majority vote at a meeting where a quorum is present or without the130 express, written consent of the chairperson of the committee.131 (4) Meetings. The chairperson shall call all meetings of the committee. The committee132 may conduct such meetings at such places and at such times as it may deem necessary or133 convenient, including at any time during the interim period occ urring following the134 Senate adjourning sine die , to enable it to exercise fully and effectively its powers,135 perform its duties, and accomplish the objectives and purposes of this resolution.136 (5) Funding. Funds necessary to carry out the provisions of this resolution shall come137 from funds appropriated to the Senate.138 (6) Report.139 (A) In the event the committee adopts any specific findings or recommendations that140 include suggestions for proposed legislation or changes in appr opriations, the141 chairperson shall file a report of the same, subject to subpara graph (C) of this142 paragraph.143 (B) In the event the committee adopts a report that does not i nclude suggestions for144 proposed legislation or changes in appropriations, the chairperson shall file the report,145 subject to subparagraph (C) of this paragraph.146 (C) No report shall be filed unless the same has been approved by majority vote of a147 quorum of the committee. A report so approved shall be signed by the chairperson of148 the committee and filed with the Secretary of the Senate.149 (D) In the absence of an approved report, the chairperson may file with the Secretary150 of the Senate a copy of the minutes of the meetings of the committee in lieu thereof.151 S. R. 5 - 7 -