SB 218: Prosecuting Attorneys Qualifications Commission; shall be assigned for administrative purposes only to the Administrative Office of the Courts; provide

Georgia's Prosecuting Attorneys Qualifications Commission investigates and disciplines district attorneys and solicitors-general accused of misconduct or incapacity. This bill changes how the commission is organized and funded, assigning it for administrative purposes only to the Administrative Office of the Courts and paying its costs from judicial branch funds rather than its own separate budget. The bill rewrites the appeals process so a hearing panel's order can be appealed to the superior court where the respondent lives, with further review possible in the Court of Appeals or Supreme Court, and creates a separate path for serious sanctions to go to the Superior Court of Fulton County. It moves the cutoff date for old misconduct complaints from May 5, 2023 to April 1, 2024, adds rules for disclosing dismissed complaints, lets the commission designate an executive director, and creates a new legal chapter letting the commission hire special commission investigators with limited arrest powers and subpoena authority.

• Assigns the Prosecuting Attorneys Qualifications Commission administratively to the Administrative Office of the Courts and funds it through judicial branch appropriations instead of its own budget.
• Changes the appeal process so hearing panel decisions go to the superior court where the respondent resides, with further review by the Court of Appeals or Supreme Court.
• Moves the cutoff for old misconduct complaints the commission can accept from May 5, 2023 to April 1, 2024, unless the conduct continued past that date.
• Lets the commission designate its director with the title of executive director.
• Creates a new legal chapter allowing the commission to employ special commission investigators with limited peace-officer-style arrest power near commission offices, meetings, or hearings.
• Establishes subpoena procedures for commission proceedings, including fees, enforcement, and a penalty of up to $300 or 20 days in jail for misusing a subpoena.

District attorneys and solicitors-general who are the subject of commission complaints, members and staff of the Prosecuting Attorneys Qualifications Commission, the Administrative Office of the Courts, superior courts handling appeals, and any individuals employed as special commission investigators.

The changes shift financial and administrative control of the commission into the judicial branch, alter where and how disciplined prosecutors can appeal, and give commission investigators limited arrest powers near commission facilities and meetings, changing how misconduct cases against Georgia prosecutors are funded, investigated, and reviewed.

• Section 1 makes the commission a budget unit funded by judicial branch appropriations but assigned administratively only to the Administrative Office of the Courts.
• Section 1 revises member expense allowance rules so members already receiving allowances through their state job or position do not double-collect.
• Section 1 changes confidentiality rules to allow disclosure when a complaint is dismissed, limited to telling the complainant the reason or telling the subject the statutory basis, without revealing the complainant's identity.
• Section 1 rewrites the appeal path: hearing panel orders go to superior court where the respondent resides, then to the Court of Appeals or Supreme Court as appropriate, while serious sanctions can be appealed to the Superior Court of Fulton County.
• Section 1 moves the complaint cutoff date from May 5, 2023 to April 1, 2024, unless misconduct is part of a continuing pattern.
• Section 2 creates new Code Chapter 26 defining 'special commission investigator' as a certified peace officer employed by the commission.
• Section 2 gives special commission investigators limited arrest power for crimes committed in their presence at commission facilities, meetings, or hearings involving commission members, employees, or attendees.
• Section 2 establishes subpoena procedures for commission proceedings, including enforcement, fees matching superior court proceedings, and a penalty of up to a $300 fine 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

• prosecutor discipline
• judicial branch funding
• district attorney oversight
• state government administration
• law enforcement powers