Senate committee moves to expand misconduct standards for prosecutors; 'strictly' language debated

The committee considered substitute language to Senate Bill 605 that would expand the types of conduct subject to discipline by the Prosecuting Attorney's Qualifications Commission. The substitute lists new grounds including failure to make reasonable efforts to comply with the Crime Victims' Bill of Rights, failure to make reasonable efforts to comply with open-records laws, failure to make reasonable efforts under discovery rules (chapter 16), and failures related to Georgia Rule of Professional Conduct 3.8 (special responsibilities of prosecutors).

District Attorney Tasha Mosley (Clayton Judicial Circuit) told the committee she remained concerned that the phrase "strictly comply" (used in portions of the draft) is not well defined and urged the committee to adopt "reasonable efforts" language or to clarify who would determine whether reasonable efforts had been made. "What would be who would make the determination of reasonable efforts?" Mosley asked; the chair answered that determination would be made after a hearing before the qualifications commission.

Senator Jackson moved to strike the word "strictly" from several lines of the substitute; proponents of keeping the term argued it protects victims' rights by requiring strict adherence to notification and procedural duties. Opponents warned that unequal standards across statutes could create legal and practical inconsistencies. The amendment to remove "strictly" failed in committee and the substitute to SB605 was approved (committee tally reported as 4 in favor, 2 opposed) and will move to Rules.

The committee discussion emphasized balancing victims' rights with fair notice and procedural protections for prosecutors; committee members asked staff to refine definitions and hearing procedures as the measure moves forward.