Clayton County DA urges clearer standards, more resources as Senate committee tweaks prosecutorial oversight and pay bills

District Attorney Tasha Mosley of the Clayton Judicial Circuit told members of a Georgia Senate committee on Friday that she opposes language in proposed disciplinary legislation that would make "failure to strictly comply" with the Crime Victims' Bill of Rights a basis for sanction.

"I'm a little opposed. I'm a lot opposed to it," Mosley said, arguing the bill's use of the word "strictly" could punish prosecutors for circumstances beyond their control — for example, a victim not receiving mailed materials or evidence misfiled by law enforcement.

The committee is considering a package of measures that includes Senate Bill 604 on concurrent jurisdiction for the attorney general's office, SB605 on grounds for discipline, a district-attorney pay reform bill and legislation regarding statewide grand juries. The Chair said the panel will meet again at 10 a.m. tomorrow to consider amended language and take votes.

Mosley described multiple contacts with a grieving victim in her office and said prosecutors had provided the victim's materials in person and electronically; she asked whether an undelivered mail packet could nonetheless expose a prosecutor to discipline. The Chair said the committee had already moved to a committee substitute that replaced the original phrasing with a narrower standard — "failure to make reasonable efforts to strictly comply" — to address concerns raised by prosecutors.

Mosley also detailed resource constraints in Clayton County's office: she said the office employs about 104 people, roughly 27 of them attorneys, and that the county-funded supplements and asset-forfeiture supplements are important recruitment and retention tools. "I've got 104 employees... I've got 27 (attorneys)," Mosley said, and characterized some smaller judicial circuits as "drowning" with only a single victim advocate.

On discovery obligations, Mosley said her office generally turns over material but stressed practical limits: she described cases where police misnumbered video evidence or failed to upload files, leaving prosecutors unable to comply despite repeated requests. "It's not that we're trying to hide anything," she said, describing late-breaking evidence that forces continuances and can prejudice victims.

On SB604, the Chair said the bill is intended to make the attorney general's office a resource for local prosecutors and that an earlier draft authorizing the AG to assert concurrent jurisdiction after 90 days was softened after discussions with the DA association. Under the revised approach, the AG would have a first option to step in for recused or disqualified local prosecutors and, if the AG does not take a case, the matter would follow the current conflict-assignment process.

Mosley said the AG's office already assists local offices on complex matters such as drug trafficking and gang cases and described prior cooperative work: "When they come, they're interested in that case and... come on down," she said, adding that AG attorneys integrate into local operations when assigned.

On compensation, Mosley said she supports raising base pay so elected district attorneys and assistant DAs are compensated above their ADAs, but she urged the committee not to eliminate locality supplements. She proposed a graduated locality cap tied to office size so that metropolitan offices could offer larger locality percentages than smaller circuits while keeping elected DAs from exceeding judges' pay. "Give everybody a raise... But if a county is able to pay locality pay, allow that," she said.

Mosley also outlined how her office uses forfeiture funds — she estimated an average of about $150,000 per year since she took office — to supplement salaries, buy equipment and fund training. She said she has not yet used a special grand jury and generally uses in-house staff rather than hiring outside special prosecutors; when she has been recused, the AG's office has taken the case.

The meeting recorded routine motions to approve prior meeting minutes (motions and seconds were made and the minutes were approved by voice or hand votes), and the Chair closed the hearing with plans to circulate an amended bill text for further consideration at the committee's next session.

The committee will reconvene at 10 a.m. to consider the amended substitute and vote on the bills on the agenda.