SR 5: Senate Special Committee on Investigations; reauthorizing

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.