What is the PAQC?

The Prosecuting Attorneys Qualifications Commission is an oversight commission with the authority to investigate alleged misconduct of district attorneys and solicitors-general. The members of the Commission were appointed by Governor Brian Kemp, Lt. Governor Burt Jones, and the Senate Committee on Assignments.

Pursuant to Article VI, Section VIII, Paragraph II of the Georgia Constitution of 1983, any district attorney or solicitor-general may be disciplined, removed, or involuntarily retired as provided by general law.

The Prosecuting Attorneys Qualifications Commission of Georgia administers the discipline and incapacity system for prosecuting attorneys. The Commission has jurisdiction over every elected or appointed district attorney and solicitor-general regarding allegations of misconduct and allegations of incapacity.

SB 92 – sponsored by Majority Whip Randy Robertson; co-sponsored by President Pro-Temp John Kennedy; Sen. Larry Walker, III; Sen. Bill Cowsert; Sen. Matt Brass; Sen. Jason Anavitarte; Rep. Joseph Gullett; Rep. Houston Gaines; Speaker Pro-Temp Jan Jones; Rep. Stan Gunter; Rep. Jesse Petrea; and Rep. Matt Gambill – established the eight-member Prosecuting Attorneys Qualifications Commission (PACQ). The PAQC “has the authority to investigate alleged misconduct by district attorneys and solicitors-general and discipline, remove, or cause the involuntary retirement of those who meet the conditions for removal.”

The bill establishes the following grounds for the removal of or involuntary retirement of a district attorney or solicitor-general from office:

Mental or physical incapacity that interferes with the performance of duties that is likely permanent.

Willful and persistent failure to carry out statutory duties.

Conduct prejudicial to the administration of justice which brings the office into disrepute.

Willful misconduct in office.

Conviction of a crime involving moral turpitude.

Knowingly authorizing or permitting an assistant district attorney or assistant solicitor-general to commit any of the aforementioned acts.

The bill establishes the following grounds for the removal of or involuntary retirement of a district attorney or solicitor-general from office:

• Mental or physical incapacity that interferes with the performance of duties that is likely permanent

• Willful and persistent failure to carry out statutory duties

• Conduct prejudicial to the administration of justice which brings the office into disrepute

• Willful misconduct in office

• Conviction of a crime involving moral turpitude

• Knowingly authorizing or permitting an assistant district attorney or assistant solicitor-general to commit any of the aforementioned acts.

Documentation & Statutes