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

Senate Bill 218

By: Senators Robertson of the 29th, Strickland of the 42nd, Gooch of the 51st, Walker III of the 20th, Bearden of the 30th and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the Prosecuting Attorneys Qualifications Commission shall be assigned for administrative purposes only to the Administrative Office of the Courts and shall be funded by funds appropriated or otherwise available to the judicial branch of state government; to provide for appeals from the decisions of hearing panels of the Prosecuting Attorneys Qualifications Commission; to revise the date before which certain complaints of misconduct shall be barred; to provide for executive director designation; to provide generally for constitutionally or statutorily created organizations funded through the judicial branch of state government expressly authorized by law to conduct investigations to provide for special commission investigators; to provide for limited powers of arrest for such special commission investigators; to provide for subpoenas; to provide for construction; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article 1 of Chapter 18, relating to general provisions relevant to prosecuting attorneys, by revising paragraph (4) of subsection (f), paragraph (1) of subsection (j), and subsections (k), (m), and (n), and by adding new subsections to Code Section 15-18-32, relating to the Prosecuting Attorneys Qualifications Commission, authority, membership, ex parte communications, governance, disciplinary actions, confidentiality, and privileged nature, to read as follows: "(4)(A) Members of the commission shall serve without compensation but shall receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for each day such member is in physical attendance at a panel meeting or hearing, plus either reimbursement for actual transportation costs while traveling by public transportation or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive, subject to subparagraph (B) of this paragraph.

(B) Members of the commission who:

(i) Are not subject to the provisions of division (ii) of this subparagraph shall receive the daily expense allowance and travel reimbursement provided for in subparagraph (A) of this paragraph from funds appropriated or otherwise available to the judicial branch of state government; or

(ii) Pursuant to the terms and conditions of their official position, employment, or contract with the state, are eligible to receive a daily expense allowance and travel allowance for their service on the commission shall not receive daily expense allowance and travel reimbursement provided for in subparagraph (A) of this paragraph. Notwithstanding subparagraph (A) of this paragraph, no member shall receive such expense allowance or travel reimbursement if he or she is entitled to receive an expense allowance, travel reimbursement, or salary for performance of duties as a state employee.

(C) Expense allowances and travel reimbursements shall be paid from moneys funds appropriated or otherwise available to the commission judicial branch of state government."

"(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney or solicitor-general shall be kept confidential by the investigative panel and commission staff before formal charges are filed; provided, however, that, if prior to filing formal charges the judge such district attorney or solicitor-general and investigative panel agree to a satisfactory disposition of a disciplinary matter other than by a private admonition or deferred discipline agreement, a report of such disposition shall be publicly filed in the Supreme Court."

"(k) Notwithstanding subsection (j) of this Code section, information regarding a disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed or the confidentiality of such information may be removed when:

(1) The privilege of confidentiality has been waived by the complainant or the individual who was the subject of the commission's investigation; or

(2) The commission's rules provide for disclosure:

(A) In the interest of justice and to protect the public;

(B) If an emergency situation exists; or

(C) If a district attorney or solicitor-general is under consideration for another state or federal position;

(3) A complaint is dismissed at any stage; provided, however, that such disclosure shall be limited to disclosing the reason for such dismissal to the complainant; or

(4) A complaint is dismissed prior to an authorization of formal investigation; provided, however, that such disclosure shall be limited to disclosing the statutory basis for such complaint to the individual who was the subject of the complaint; and, provided, further, that such disclosure shall not include the complainant's identity or the specifics of the allegation."

"(m) A respondent may appeal the decision of the hearing panel by submitting a petition to the superior court of the county where such respondent served as a district attorney or solicitor-general. The hearing panel's order in a disciplinary or incapacity matter may be appealed to the superior court of the county where the respondent resides. Any decision rendered by the superior court shall be subject to review by the Court of Appeals or Supreme Court, as jurisdictionally appropriate.

(m.1) A respondent who is subjected to public reprimand, censure, limitation on the performance of prosecutorial duties, suspension, retirement, or removal shall be entitled to a copy of the proposed record to be filed with the Supreme Court and, if the respondent has objections to it, to have the record settled by the hearing panel's presiding officer. The hearing panel's order in a disciplinary or incapacity matter may be appealed to the Superior Court of Fulton County pursuant to Chapter 3 of Title 5.

(n) The commission shall commence by July 1, 2023, and the rules and regulations promulgated by such commission shall be established no later than October 1, 2023. No complaint shall be filed before October 1, 2023. The commission shall not receive complaint submissions regarding misconduct in office that occurred prior to May 5, 2023 April 1, 2024, unless such alleged misconduct is related to a continuous pattern of conduct that continues beyond that date."

"(q) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the Administrative Office of the Courts.

(r) The individual selected to serve as director of the commission may be designated with the title of executive director by the commission."

SECTION 2.

Said title is further amended by adding a new chapter to read as follows: "CHAPTER 26

15-26-1.

As used in this chapter, the term:

(1) 'Commission' means the Prosecuting Attorneys Qualifications Commission.

(2) 'Special commission investigator' means an individual employed by the commission to conduct investigations by the commission and who is currently certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under Chapter 8 of Title 35.

15-26-2.

(a) The commission may employ investigators and special commission investigators to conduct investigations by the commission.

(b) A special commission investigator shall have the power of arrest in the performance of his or her duties for the commission for crimes that:

(1) Are committed within the special commission investigator's presence;

(2) Are committed within the building, parking area, or curtilage of a building where the commission's office is located; within any building, parking area, or curtilage of a building where an official meeting or hearing of the commission is being conducted; or while traveling to or from such area; and

(3) Involve the person, building, vehicle, or other personal property of any member or employee of the commission, or the person, vehicle, or other personal property of any individual attending a meeting or hearing of the commission or traveling to or from such area.

(c) Nothing in this Code section shall be construed to:

(1) Confer the power of arrest for crimes that may be under investigation by the commission but which are not provided for in subsection (b) of this Code section; or

(2) Affect or limit the powers or authority of investigators employed by any district attorney's office, any solicitor-general's office, the Prosecuting Attorneys' Council of the State of Georgia, or any sheriff or sheriff's deputy.

15-26-3.

(a) A subpoena shall state that it is issued by the commission and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena.

(b) A clerk of court shall make subpoenas in blank available on demand by electronic or other means to parties, or their counsel, or to the commission.

(c) An attorney representing a party in a proceeding before the commission, including investigative proceedings and hearings, may issue and sign a subpoena obtained by electronic or other means from the clerk of court as an officer of a court for any deposition, hearing, or other matter to be conducted in conjunction with such proceeding.

(d) A duly appointed officer or director of the commission may compel by subpoena the attendance of individuals at a proceeding before the commission, including investigative proceedings and hearings, and the production of pertinent books, papers, and documents for any deposition, hearing, or other matter to be conducted in conjunction with such proceeding.

(e) A subpoena shall be completed prior to being served.

(f) Subpoenas are enforceable as provided in Code Section 24-13-26.

(g) Subpoena fees and costs shall be the same as those provided for in proceedings in superior court.

(h) An individual who misuses a subpoena shall be subject to punishment for contempt of court and a fine of not more than $300.00 or not more than 20 days' imprisonment, or both, in the superior court in the county in which the attendance or production is required.

(i) Any attack on the validity of a subpoena shall be heard and determined by the body before which the matter is then pending or by the court wherein enforcement of the subpoena is being sought. Any resulting order is not appealable prior to entry of a final order in the proceeding, except appeal of a court order pursuant to the interlocutory appeal procedures set forth in subsection (b) of Code Section 5-6-34."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.