SB218: SB218 Prosecuting Attorneys Qualifications Commission; shall be assigned for administrative purposes only to the Administrative Office of the Courts; provide

The Prosecuting Attorneys Qualifications Commission (PAQC) investigates and disciplines district attorneys and solicitors-general for misconduct. This bill places the commission administratively under the Administrative Office of the Courts and requires it to be funded through the judicial branch's budget rather than operating independently. The bill also changes how disciplinary decisions can be appealed, directing appeals of hearing panel orders to the Superior Court of Fulton County instead of the county where the respondent resides. It moves back the cutoff date for misconduct complaints the commission can accept, from May 5, 2023 to April 1, 2024, unless the conduct is part of an ongoing pattern. It lets the commission's director be called an executive director. Finally, it creates a new chapter of law letting the commission hire 'special commission investigators' with limited power to make arrests for crimes committed in their presence at commission facilities or events, and it sets rules for how the commission issues subpoenas.

• Assigns the Prosecuting Attorneys Qualifications Commission to the Administrative Office of the Courts for administrative purposes and funds it through the judicial branch's budget.
• Changes where hearing panel disciplinary orders can be appealed, directing appeals to the Superior Court of Fulton County.
• Moves the cutoff date for misconduct complaints the commission can accept from May 5, 2023 to April 1, 2024, with an exception for ongoing patterns of conduct.
• Allows the commission's director to be given the title of executive director.
• Creates a new legal chapter (Chapter 26 of Title 15) letting the commission employ certified 'special commission investigators' with limited arrest power at commission facilities and events.
• Sets detailed rules for how subpoenas are issued, served, and enforced in commission proceedings, including fines for misuse.

District attorneys and solicitors-general who face misconduct complaints, the Prosecuting Attorneys Qualifications Commission and its staff and investigators, the Administrative Office of the Courts, complainants filing misconduct reports, and the Superior Court of Fulton County, which would handle certain appeals.

The changes affect how prosecutors accused of misconduct are investigated and disciplined, where they can appeal decisions, and which older complaints the commission can still consider. New arrest powers for commission investigators and new subpoena rules could affect how investigations are carried out day to day.

• Section 1 revises Code Section 15-18-32 to place the commission under the Administrative Office of the Courts for administrative purposes and fund it through judicial branch appropriations.
• Section 1 changes appeal procedure so hearing panel orders on discipline or incapacity go to the Superior Court of Fulton County under Chapter 3 of Title 5.
• Section 1 moves the complaint cutoff date so the commission cannot accept complaints about misconduct that occurred before April 1, 2024, unless it is part of a continuing pattern.
• Section 1 allows the commission's director to be designated 'executive director.'
• Section 2 creates new Chapter 26 of Title 15, defining 'special commission investigator' as a certified peace officer employed by the commission.
• Section 2 (Code Section 15-26-2) gives special commission investigators limited arrest power for crimes committed in their presence at commission facilities, meetings, or hearings.
• Section 2 (Code Section 15-26-3) establishes procedures for issuing, serving, and enforcing subpoenas in commission proceedings, including a fine of up to $300 or 20 days' imprisonment for misuse.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 489
3. 2026-05-11Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-02-25Senate Agreed House Amend or Sub (Senate)
6. 2025-04-04House Passed/Adopted By Substitute (House)
7. 2025-04-04House Third Readers (House)
8. 2025-04-04House Withdrawn, Recommitted (House)

• Randy Robertson (R, SD-029)Primary sponsor
• Brian Strickland (R, SD-042)
• Steve Gooch (R, SD-051)
• Larry Walker (R, SD-020)
• Timothy Bearden (R, SD-030)
• John Kennedy (R, SD-018)
• Joseph Gullett (R, HD-019)

1. PassedSenate voteMarch 6, 2025

   34 yea, 21 nay (1 not voting, 0 absent)

   Passage By Substitute: Senate Vote #177

2. PassedHouse voteApril 4, 2025

   149 yea, 18 nay (4 not voting, 9 absent)

   Passage: House Vote #431

3. PassedSenate voteFebruary 25, 2026

   49 yea, 1 nay (3 not voting, 2 absent)

   Agree To House Substitute: Senate Vote #585

• prosecutorial discipline
• district attorneys
• judicial branch administration
• law enforcement powers
• government ethics oversight