SB 3: Prosecuting Attorneys; convictions for district attorneys, assistant district attorneys, deputy district attorneys; provide additional qualifications

Georgia law already sets basic qualifications to become a district attorney, such as residency, age, and years practicing law. This bill adds a new disqualification: anyone who seeks, accepts, or does not refuse a pardon for any crime under Georgia law, another state's law, or federal law cannot be elected or appointed district attorney. The bill also changes the rules for assistant district attorneys, deputy district attorneys, and other attorneys a district attorney employs. It adds a requirement that these attorneys not have been convicted of a felony or accepted a pardon for a felony. If one of these attorneys is convicted of a felony, or seeks or accepts a pardon for a felony, while employed, the bill requires them to immediately vacate their position. The law would take effect as soon as the Governor signs it, or without his signature if it becomes law another way.

• Adds a rule that anyone who solicits, accepts, or fails to reject a pardon for any crime cannot be elected or appointed district attorney.
• Requires assistant district attorneys, deputy district attorneys, and other attorneys employed by a district attorney to have never been convicted of a felony.
• Bars those same attorneys from having sought, accepted, or failed to reject a pardon for a felony.
• Requires an assistant district attorney, deputy district attorney, or other employed attorney to immediately vacate their position if convicted of a felony or if they accept a pardon for one while serving.
• Sets the effective date as the moment the Governor signs the bill, or its becoming law without his signature.

Georgia's district attorneys, assistant district attorneys, deputy district attorneys, and other attorneys employed by district attorney offices across the state's judicial circuits. Voters and appointing officials who choose district attorneys are also affected, since the pool of eligible candidates would narrow.

The bill would remove people with certain felony convictions or pardons from eligibility to serve as, or work under, a district attorney, and would force immediate removal from office if a conviction or pardon happens during employment. This changes who can hold or keep some of Georgia's most powerful law enforcement positions.

• Section 1 amends O.C.G.A. § 15-18-3 to add subsection (b), barring anyone who solicits, accepts, or refuses to reject a pardon for any crime from election or appointment as district attorney.
• Section 2 amends O.C.G.A. § 15-18-21(b) to require assistant district attorneys, deputy district attorneys, and other employed attorneys to not have felony convictions or felony pardons.
• Section 2 also adds a new paragraph requiring immediate vacation of the position upon a felony conviction or upon soliciting, accepting, or not refusing a felony pardon.
• Section 3 sets the effective date as approval by the Governor or the bill becoming law without his approval.
• Section 4 repeals any 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
• criminal justice
• pardons
• legal qualifications
• prosecutors