Democrat prosecutors file lawsuit against newly passed law... that requires them to do their jobs

SAVANNAH, GA – Back in May 2023, PJ Media reported on a new law that was passed by the General Assembly in the state of Georgia.

The new law is Georgia’s way of showing its state residents and the rest of the country that it is done being soft-on-crime, and they will now be holding prosecutors accountable when they fail to do the job they have been sworn to do.

In lay terms, state lawmakers adopted the law requiring district attorneys to look at every case for probable cause. The bill, signed into law by Governor Brian Kemp (R-GA), essentially creates a commission to discipline and potentially remove prosecutors who do not prosecute crimes thoroughly and fairly.

During the signing ceremony, Kemp said in a statement, “I am not going to stand idly by as rogue or incompetent prosecutors refuse to uphold the law. Today, we are sending a message that we will not forfeit public safety for prosecutors to let criminals off the hook."

The new law, in addition to requiring district attorneys to look at every case for probable cause, also prevents the blanket dismissal of cases. As of July 1, 2023, the new law has taken flight and now, barely a month later, Democrat district attorneys have filed a court action in an attempt to eliminate the law.

According to a report from PJ Media, these far-left Democrats have called the new law “excessive and unnecessary." They are challenging the law, asking a judge to block it on the grounds that it “undermines their ability to choose which cases to prosecute."

An article from the Associated Press (AP) said Democrat district attorneys argue that the new law “violates the U.S. and Georgia constitutions."

The lead plaintiff on the case is Sherry Boston, the district attorney in an overwhelmingly Democratic Atlanta suburb. She has called the issue “bigger than Georgia,” adding, “We are talking about prosecutorial discretion and prosecutorial independence, both of which have been solidly under assault the last few years."

Along with Boston, other district attorneys challenging Georgia’s new law include Flynn Broady of Cobb County, Jared Williams of Augusta and Burke County, and Jonathan Adams of Butts, Lamar and Monroe counties. All but one, Adams, are Democrats.

These individuals challenge that the new law “oversteps” by requiring district attorneys to review every single case on its individual merits.

They also argue that the governor and the legislature cannot dictate prosecution rules because the Georgia Constitution places district attorneys in the state’s judicial branch, thus alleging that the law violates the constitutional separation of powers. According to the AP, the lawsuit states, “This duty is practically unworkable, limiting district attorneys’ abilities to define enforcement priorities and approaches and distracting from the prosecution of meritorious cases."

The suit also states that the new law will “force district attorneys to consider crimes such as adultery, sodomy and fornication." The law could also require “prosecution of possessing small amounts of marijuana” even though the state crime laboratory will not test marijuana seizures less than one ounce, or 28 grams.

On August 2nd, Georgia Attorney General Chris Carr tweeted that he vows to stand up for the newly passed state law, writing, “I have great respect for the important role DAs play in protecting Georgia’s citizens. Unfortunately, some DAs have embraced the progressive movement across the nation of refusing to enforce the law. This is a dereliction of duty, and as a result, Georgia’s communities suffer."

In a separate tweet, he added, “All Georgians deserve to be safe, and all crime victims deserve justice. Like everyone else, DAs who choose to violate their oaths of office are not immune from accountability, and we will vigorously defend this law in court."
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