ATLANTA (AP) — A judge is declining to freeze a new Georgia law creating a commission to discipline and remove state prosecutors, suggesting that she will ultimately rule against a lawsuit attacking the measure.
Fulton County Superior Court Judge Paige Reese Whitaker on Friday denied a request for an injunction by four district attorneys who have sued to overturn the commission, arguing that it unconstitutionally infringes on their power.
Some Republicans in Georgia want the new commission to discipline or remove Fulton County District Attorney Fani Willis for winning indictments of former President Donald Trump and 18 others. Willis is not one of the plaintiffs in the suit, although she opposed the law.
Georgia’s law is one in a series of attempts nationwide by Republicans to impose controls on prosecutors they don’t like. Republicans have inveighed against progressive prosecutors after some have brought fewer drug possession cases and sought shorter prison sentences, arguing Democrats are coddling criminals.
The commission has not begun operating yet, and its rules must be approved by the state Supreme Court. The plaintiffs argued prosecutors are already changing their behavior because they’re worried about getting investigated. But Whitaker said there’s no proof that anyone has been hurt by the law yet. Usually, only people who can prove an injury have standing to bring a lawsuit.
“Plaintiffs have not shown an injunction is a ‘vital necessity’ to preventing an immediate and irreparable injury,” the judge wrote.
More damaging to those who oppose the law is Whitaker’s finding that the suit is unlikely to succeed. She agreed with arguments put forward by state Attorney General Chris Carr’s office that the law doesn’t violate the state constitution.
“The court is persuaded that the Georgia Constitution expressly authorizes the General Assembly to impose duties on district attorneys and to create the grounds and processes to (discipline) or…
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