Georgia Enacts Groundbreaking Law on Prosecutorial Misconduct

In a landmark move, Georgia Governor Brian Kemp has signed Senate Bill 244, a law allowing criminal defendants to recover legal fees if a prosecutor is disqualified for misconduct and charges are subsequently dismissed. The legislation, sparked by the controversy involving Fulton County DA Fani Willis’s prosecution of Donald Trump, marks a new era in prosecutorial accountability.

Willis was removed from the Trump case due to an undisclosed romantic relationship with special prosecutor Nathan Wade, raising concerns about ethical impropriety. Although the case remains active, the scandal led to broader debates about prosecutorial conduct and taxpayer responsibility.

Under the new law, if both prosecutor misconduct and charge dismissal occur, defendants can recoup “reasonable” legal fees—potentially costing the state millions, as seen in Trump’s estimated $4.2 million legal bill.

Supporters, including Trump’s legal team, hail the law as a necessary check on political prosecutions. Critics warn it could chill legitimate efforts and politicize accountability.

Willis is appealing her disqualification, and the law’s full impact will unfold as courts interpret its standards and scope. Nevertheless, Georgia now stands at the forefront of a national shift, testing whether financial penalties can effectively enforce ethical standards in the justice system.