---
title: SR 5. Senate Special Committee on Investigations; reauthorizing
collection: bills
id: 2025-2026/sr5
cite_as: SR 5, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sr5
md_url: https://georgiacommons.org/bills/2025-2026/sr5.md
text_url: https://georgiacommons.org/bills/2025-2026/sr5/text
source_url: https://www.legis.ga.gov/legislation/69271
date: 2025-01-13
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 470
omitted_url: https://georgiacommons.org/bills/2025-2026/sr5.md?full=1
bill_number: SR 5
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: resolution
status_date: 2025-01-13
last_action: Senate Passed/Adopted
sponsors:
  - Greg Dolezal
  - John Kennedy
  - Steve Gooch
  - Brandon Beach
  - Shawn Still
  - Blake Tillery
  - John Albers
  - Carden Summers
  - Chuck Payne
  - Bill Cowsert
  - Billy Hickman
  - Jason Anavitarte
  - Randy Robertson
  - Russ Goodman
  - Chuck Hufstetler
  - Brian Strickland
  - Lee Anderson
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SR5/2025
upstream_id: 1916827
summaries_model: claude-sonnet-5
topic_tags:
  - legislative investigations
  - Fani Willis
  - Fulton County district attorney
  - prosecutorial conduct
  - Georgia Senate committees
---

# SR 5. Senate Special Committee on Investigations; reauthorizing

## Text

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 issuance
of compulsory process to secure the attendance of witnesses or the production of documents
and materials; and for other purposes.
WHEREAS, in early 2024 it came to the attention of the Senate, through public reports and
court filings, that Fani Willis, district attorney for the Atlanta Judicial Circuit, which
comprises Fulton County, was accused of various forms of misconduct relating to the
prosecution of cases related to the 2020 Presidential Election; and
WHEREAS, such alleged misconduct included the expenditure of significant public funds
for the purpose of hiring a special assistant district attorney, with whom District Attorney
Willis had an ongoing romantic relationship; and
WHEREAS, such relationship was eventually admitted in open court; and
WHEREAS, the Superior Court of the Atlanta Judicial Circuit, which is presiding over the
trial where such allegations have become an issue concluded, among other things, that the
practices of District Attorney Fani Willis in the case of State v. Trump created "a significant
appearance of impropriety that infects the current structure of the prosecution team … [and
that] a perceived conflict in the reasonable eyes of the public threatens confidence in the
legal system itself. When this danger goes uncorrected, it undermines the legitimacy and
moral focus of our already weakest branch of government," State v. Trump, 2024 WL
1236900, at * 1, 5 (Ga. Super. Mar. 15, 2024); and
WHEREAS, after examining the "facts and circumstances" at issue, the Court of Appeals of
Georgia agreed that the practices created an appearance of impropriety and that the matter
presented "the rare case in which disqualification [of District Attorney Fani Willis] is
mandated and [that] no other remedy will suffice to restore public confidence in the integrity
of [the] proceedings," Roman v. State, A24A1595, 2024 WL 516724 at *7 (Ga. App. Dec.
19, 2024); and
WHEREAS, many have concluded that the conduct of District Attorney Willis has brought
her and her office into disrepute; undermined public confidence in the fair, impartial, and
disinterested administration of justice by prosecutors across our state; and cast significant
doubt as to the purpose and validity of the charges her office has brought in regard to
the 2020 Presidential Election; and
WHEREAS, the General Assembly is empowered by the Constitution of the State of Georgia
to pass legislation to regulate certain prosecutorial practices, including those at issue in the
Roman v. State matter, see Ga. Const. Art. VI, Sec. VIII, Paras. I and II; and
WHEREAS, the taxpayers of Fulton County have already borne a significant financial cost
in supporting activities relating to this prosecution, including the hiring of investigators and
attorneys, the conduct of grand jury proceedings, negotiation of plea agreements with various
co-defendants in the case, and other activities relating to the sprawling investigation of
the 2020 Presidential Election; and
WHEREAS, inquiry into these circumstances may show that existing state laws, including
those establishing processes for selecting, hiring, and compensating special assistant district
attorneys, are inadequate to address various legal and fiscal issues raised by District Attorney
Willis's alleged conduct; and
WHEREAS, the General Assembly, of which the Senate is a part, has "the power to make
all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the
United States, which it shall deem necessary and proper for the welfare of the state"; see Ga.
Const. Art. III, Sec. VI, Para. I; and
WHEREAS, Article III, Section IX, Paragraph II(b) of the Georgia Constitution provides that
"[t]he General Assembly shall annually appropriate those state and federal funds necessary
to operate all the various departments and agencies" of state government, including the
Prosecuting Attorneys' Council of the State of Georgia and the Prosecuting Attorneys
Qualifications Commission; and
WHEREAS, the Georgia Supreme Court, in Dean v. Bolton, 235 Ga. 544, held that
constitutional separation of powers does not prohibit the legislative branch from investigating
the official conduct of any person performing duties in any branch of the government; and
WHEREAS, the Senate has the inherent power and authority to conduct investigations into
any matter relevant to the administration of existing laws, proposals for new or amended
laws, the expenditure of public funds, the conduct of public officers who discharge powers
and duties under state law, and any other matter germane to its role as part of the legislative
branch of state government; and
WHEREAS, the Superior Court of the Atlanta Judicial Circuit considered the question of the
Senate's authority to act in this manner and the manner authorized by Senate Resolution 465,
which the Senate adopted during that 157th General Assembly, see Willis v. The Georgia
Senate Special Committee on Investigations, et al., Civil Action No. 24CV011204 (Ga.
Super. Dec. 23, 2024); and
WHEREAS, over the objections of District Attorney Willis, the Superior Court in Willis
agreed and acknowledged that precedent maintains that the "inherent powers of our State
General Assembly are awesome … The legislature is absolutely unrestricted in its power to
legislate, so long as it does not undertake to enact measures prohibited by the State or Federal
Constitution," Willis at 2 (citing Ga. Power Co. v. Allied Chem. Corp., 233 Ga. 558, 565
(citing Sears v. State of Georgia, 232 Ga. 547, 553-54)); and
WHEREAS, the Willis court further recognized that the "State Constitution authorizes each
chamber to adopt its own rules and create committees … Here, the Senate, as a chamber,
empowered itself to issue subpoenas, which it was authorized to do," Willis at 3 (citing Ga.
Const. Art. III, Sec. IV, Par. IV; Coggin v. Davey, 233 Ga. 407, 411); and
WHEREAS, such inherent powers also include the authority to create special committees for
the purpose of conducting investigations and to endow such committees with all the inherent
powers of investigation possessed by the Senate, including the power to compel the
appearance and testimony of witnesses and the production of records and the power to place
witnesses under oath or affirmation; and
WHEREAS, in addition to such inherent powers, Code Sections 45-15-17 and 45-15-19
empower the General Assembly to make investigations into the affairs of the state and further
authorize compelling the appearance and testimony of witnesses and the production of
records and grants, the power to place witnesses under oath or affirmation, and to enforce
subpoenas issued pursuant thereto; and
WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for
the creation of interim committees pursuant to the authority of the General Assembly or of
either house; and
WHEREAS, in 2024, with the adoption of Senate Resolution 465, it was the sense of the
Senate that such issues arising from or relating to the conduct of District Attorney Willis
were best examined by a select group of Senators who, acting as a special committee, were
empowered by the Senate to exercise each of the Senate's inherent powers of investigation;
and
WHEREAS, the special committee established pursuant to Senate Resolution 465 diligently
conducted its investigation, holding multiple meetings where such committee was able to
take testimony from a number of witnesses, and received a number of books, records, and
papers from such witnesses, but was not able to complete the investigation prior to the end
of the 157th General Assembly; and
WHEREAS, in the exercise of the aforesaid powers, it remains necessary to determine
whether the conduct of District Attorney Willis should be addressed by the enactment of new
or amended laws of statewide application, prompt some change in state appropriations, or
both; and
WHEREAS, it remains the sense of the Senate that such issues arising from or relating to the
alleged and admitted misconduct of District Attorney Willis are best examined by a select
group of Senators who, acting as a special committee, shall be empowered to exercise each
of the Senate's inherent and statutory powers of investigation.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE:
(1) Delegation of Authority and Recreation and Reauthorization of the Senate
special committee. The Senate hereby delegates its powers to the Senate Special
Committee on Investigations, which is recreated and reauthorized.
(2) Members and officers. The committee shall be composed of no more than nine
members, at least three of whom shall be from the minority party. All members shall be
appointed by the Senate Committee on Assignments, which shall also select a chairperson
of the committee from its membership.
(3) Powers and duties. The committee is hereby reauthorized to undertake a legislative
investigation into the issues mentioned above or related thereto. For the purpose of
conducting any investigation as provided herein, the committee shall have the power to
administer oaths; to call any party to testify under oath at such investigations; to require
the attendance of witnesses and the production of books, records, and papers; and to take
the depositions of witnesses. For such purposes, the committee is reauthorized to issue
subpoenas for any witness or to compel the production of any books, records, or papers
and is further reauthorized to undertake such actions as may be necessary to enforce such
subpoenas in cases of refusal to obey. The committee is hereby declared to be the
successor to the committee established pursuant to Senate Resolution 465 and shall have
access to and control over any books, records, or papers obtained by such earlier
committee. Pursuant to Senate Rule 2-1.5(d), the committee may establish rules of
operation that are not in conflict with Senate Rules or the most current edition of Mason's
Manual of Legislative Procedure; provided, however, the committee may not establish
rules that authorize one member to issue subpoenas without the consent of the committee
as demonstrated by a majority vote at a meeting where a quorum is present or without the
express, written consent of the chairperson of the committee.
(4) Meetings. The chairperson shall call all meetings of the committee. The committee
may conduct such meetings at such places and at such times as it may deem necessary or
convenient, including at any time during the interim period occurring following the
Senate adjourning sine die, to enable it to exercise fully and effectively its powers,
perform its duties, and accomplish the objectives and purposes of this resolution.
(5) Funding. Funds necessary to carry out the provisions of this resolution shall come
from funds appropriated to the Senate.
(6) Report.
(A) In the event the committee adopts any specific findings or recommendations that
include suggestions for proposed legislation or changes in appropriations, the
chairperson shall file a report of the same, subject to subparagraph (C) of this
paragraph.
(B) In the event the committee adopts a report that does not include suggestions for
proposed legislation or changes in appropriations, the chairperson shall file the report,
subject to subparagraph (C) of this paragraph.
(C) No report shall be filed unless the same has been approved by majority vote of a
quorum of the committee. A report so approved shall be signed by the chairperson of
the committee and filed with the Secretary of the Senate.
(D) In the absence of an approved report, the chairperson may file with the Secretary
of the Senate a copy of the minutes of the meetings of the committee in lieu thereof.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the resolution. Quote the text, not the summary.

A Senate resolution reauthorizes the Senate Special Committee on Investigations, which was created to look into misconduct allegations against Fulton County District Attorney Fani Willis, and gives it power to subpoena witnesses and records.

### Plain-language summary

In 2024 the Georgia Senate created a special committee to investigate misconduct allegations against Fani Willis, the district attorney for the Atlanta Judicial Circuit, tied to her office's prosecution of the 2020 presidential election case. That committee held hearings and gathered records but could not finish before the legislative term ended. This resolution recreates and reauthorizes that committee for the new legislative term.
The committee can have up to nine senators, with at least three from the minority party, chosen by the Senate Committee on Assignments, which also picks the chairperson. The committee keeps the power to administer oaths, call witnesses, subpoena documents, and enforce those subpoenas. It inherits all records collected by the earlier committee and can meet anytime, including after the Senate adjourns for the year. Funding comes from the Senate's existing budget, and any findings or recommendations must be approved by a majority vote before being filed as a report with the Secretary of the Senate.

### What it does

- Recreates and reauthorizes the Senate Special Committee on Investigations to continue examining allegations against District Attorney Fani Willis.
- Caps committee membership at nine senators, requiring at least three from the minority party, all appointed by the Senate Committee on Assignments.
- Grants the committee power to administer oaths, subpoena witnesses and records, and enforce those subpoenas if someone refuses to comply.
- Transfers all books, records, and papers gathered by the prior committee under Senate Resolution 465 to the new committee.
- Allows the committee to meet at any time, including during the interim after the Senate adjourns for the year, to finish its work.
- Requires any committee report with legislative or funding recommendations to get majority approval before being filed with the Secretary of the Senate.

### Who it affects

District Attorney Fani Willis and her office in the Atlanta Judicial Circuit (Fulton County), witnesses who may be subpoenaed to testify or produce records, the senators appointed to the committee, and state agencies such as the Prosecuting Attorneys' Council that could be affected by future legislation or funding changes.

### Why it matters

The resolution keeps alive a legislative inquiry into a sitting district attorney's conduct, backed by subpoena power that can compel testimony and documents. Any findings could lead to new state laws or funding changes affecting how special assistant prosecutors are hired and paid statewide.

### Key provisions

- Paragraph 1 delegates the Senate's investigative authority to the recreated Senate Special Committee on Investigations.
- Paragraph 2 sets committee size at up to nine members, with at least three from the minority party, appointed by the Senate Committee on Assignments.
- Paragraph 3 authorizes the committee to administer oaths, subpoena witnesses and records, take depositions, and enforce subpoenas, and names it successor to the 2024 committee with access to its prior records.
- Paragraph 3 also limits the committee's own rulemaking, barring any single member from issuing subpoenas without committee majority vote or the chairperson's written consent.
- Paragraph 4 lets the chairperson call meetings at any time, including during the interim period after the Senate adjourns sine die (ends its session).
- Paragraph 5 funds the committee's work from money already appropriated to the Senate.
- Paragraph 6 requires any committee report with legislative or appropriations recommendations to be approved by majority vote and filed with the Secretary of the Senate, or minutes filed if no report is approved.

## Status

- Status: Passed (2025-01-13)
- Last action: Senate Passed/Adopted (2025-01-13)
- Sponsors: Greg Dolezal, John Kennedy, Steve Gooch, Brandon Beach, Shawn Still, Blake Tillery, John Albers, Carden Summers, Chuck Payne, Bill Cowsert, Billy Hickman, Jason Anavitarte, Randy Robertson, Russ Goodman, Chuck Hufstetler, Brian Strickland, Lee Anderson
- Official page: https://www.legis.ga.gov/legislation/69271

> The history, votes, and amendments (470 characters) are at https://georgiacommons.org/bills/2025-2026/sr5.md?full=1