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, Speaker of the House Jon Burns, 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 was signed into law in 2023 establishing 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.”

SB 332 was signed into law in 2024, removing the requirement that the Georgia Supreme Court review and approve the PAQC’s rules before they could go into effect, clearing the way for the PAQC to start work.

SB 218 and SB 605 were passed in 2026, granting the PAQC the ability to subpoena witnesses and evidence, and expanding the bases for discipline.

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.

Failure to make reasonable efforts to strictly comply with the ‘Crime Victims’ Bill of Rights’ set forth in Chapter 17 of Title 17.

Knowingly authorizing or making a decision based upon: undue bias or prejudice against the accused or in favor of persons with interests adverse to the accused; an undisclosed financial interest in the outcome of the prosecution; an undisclosed conflict of interest; factors that are completely unrelated to the duties of prosecution; or a stated policy, written or otherwise, which demonstrates that the district attorney or solicitor-general categorically refuses to prosecute any offense or offenses of which he or she is required by law to prosecute.

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.

Failure to make reasonable efforts to comply with Article 4 of Chapter 18 of Title 50, relating to inspection of public records.

Failure to make reasonable efforts to comply with Chapter 16 of Title 17, relating to discovery in criminal procedure.

Failure to make reasonable efforts to comply with the Georgia Rules of Professional Conduct of the State Bar of Georgia; specifically, but not limited to, Rule 3.8 related to special responsibilities of a prosecutor.

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.

• Failure to make reasonable efforts to strictly comply with the ‘Crime Victims’ Bill of Rights’ set forth in Chapter 17 of Title 17.

• Failure to make reasonable efforts to comply with Article 4 of Chapter 18 of Title 50, relating to inspection of public records.

• Knowingly authorizing or making a decision based upon: undue bias or prejudice against the accused or in favor of persons with interests adverse to the accused; an undisclosed financial interest in the outcome of the prosecution; an undisclosed conflict of interest; factors that are completely unrelated to the duties of prosecution; or a stated policy, written or otherwise, which demonstrates that the district attorney or solicitor-general categorically refuses to prosecute any offense or offenses of which he or she is required by law to prosecute.

• Failure to make reasonable efforts to comply with Chapter 16 of Title 17, relating to discovery in criminal procedure.

• Failure to make reasonable efforts to comply with the Georgia Rules of Professional Conduct of the State Bar of Georgia; specifically, but not limited to, Rule 3.8 related to special responsibilities of a prosecutor.

Documentation & Statutes