Georgia Senate committee advances bill for attorney fees in prosecutorial misconduct cases

The Judiciary Non-Civil Committee of the State of Georgia convened on March 25, 2025, to discuss several legislative amendments and bills, focusing primarily on issues related to prosecutorial misconduct and compensation for defendants.

The meeting began with a discussion on an amendment proposed by Representative Panitch, which aimed to strike Section 1-2 of a lieutenant governor's bill concerning trafficking language. The amendment was deemed friendly by the committee, with assurances from the lieutenant governor's office that the existing possession statute would remain intact. After a brief discussion, the committee voted in favor of the amendment, allowing the bill to proceed.

Following this, Senator Brandon Beach introduced SB244, which addresses the compensation of defendants who have been wrongfully indicted due to prosecutorial misconduct. The bill stipulates that if a prosecuting attorney is disqualified for misconduct and the case is subsequently dismissed, the affected individuals may seek reimbursement for attorney fees and related costs. Senator Beach emphasized the importance of this legislation in providing financial relief to those wrongfully accused.

Chairman Dempsey then elaborated on the bill's provisions, highlighting minor amendments aimed at clarifying terminology and ensuring a fair process for claimants. The committee discussed the implications of these changes, with members expressing support for the bill's intent to protect citizens while ensuring that the state's interests are also considered.

The committee also heard from public speakers, including Garland Favorito, who advocated for the bill's passage, arguing that defendants should be entitled to recoup costs in cases of prosecutorial misconduct, regardless of whether the case is dismissed. Fulton County Commissioner Dana Barrett raised concerns about the funding source for any compensation, suggesting that it should come from the state rather than the county, as district attorneys represent the state in criminal cases.

The meeting concluded with a consensus on the need for further clarification regarding the funding mechanisms and the relationship between prosecutorial misconduct and the dismissal of charges. The committee's discussions underscored the ongoing efforts to refine legislation aimed at ensuring justice and accountability within the judicial system.