Georgia commission operates under court administration and investigates misconduct

The commission is assigned for administrative purposes only to the Administrative Office of the Courts and is funded through money available to the judicial branch. This applies to the Prosecuting Attorneys Qualifications Commission and its operating expenses. Members serve without pay but may receive specified meeting-related expense and travel payments unless another state position already provides those payments or a salary for the same duties. The commission may call its director an executive director.

The commission keeps disciplinary and incapacity information confidential before formal charges, allows specified disclosures, and provides respondents with routes to challenge hearing-panel decisions. These rules cover district attorneys, solicitors-general, complainants, respondents, the commission, and its investigative and hearing panels. Disclosure may occur when confidentiality is waived, commission rules allow it to protect the public or address an emergency, or a complaint is dismissed under the listed limits. A respondent may appeal a hearing-panel decision to a superior court, with further review by the Court of Appeals or Supreme Court when allowed. For listed sanctions, including suspension or removal, a respondent may review and object to the proposed record before it is filed with the Supreme Court. The commission may not accept complaints about misconduct occurring before April 1, 2024, unless the conduct is part of a continuing pattern that continues beyond that date.

The commission may hire investigators and certified special investigators, who may make limited arrests and compel testimony or relevant records through subpoenas. Special investigators must meet Georgia peace-officer training and certification requirements. Arrest authority covers specified crimes involving commission locations, meetings, travel, or people and property connected to them. Special investigators may arrest only for crimes committed in their presence or within the listed commission-related places and circumstances. The arrest provision does not authorize arrests for other crimes merely because the commission is investigating them. Commission officers or directors, and attorneys representing parties, may issue subpoenas for depositions, hearings, investigations, and related proceedings. Misusing a subpoena may lead to contempt, a fine of up to $300, imprisonment of up to 20 days, or both.