Office of the DeKalb County District Attorney

Stone Mountain Judicial Circuit

Sherry Boston, District Attorney


Monday, December 11, 2023

Office of the DeKalb County District Attorney and Public Rights Project

Decatur, Ga.- On Friday, District Attorney Sherry Boston and the bipartisan group of district attorneys who filed a legal challenge to Senate Bill 92 (SB 92) officially dismissed the lawsuit following the decision last month by the Georgia Supreme Court that effectively paused the Prosecuting Attorneys Qualifications Commission (PAQC). 

The Georgia General Assembly passed SB 92 during the 2023 legislative session and it was signed into law by Gov. Brian Kemp in May.  The new law established a politically appointed body with the power to investigate, discipline and possibly remove Georgia’s elected district attorneys and solicitors-general.  Under the statute, anyone the PAQC removes from office would be ineligible to serve again for 10 years. 

Working with the Public Rights Project (PRP); Washington, Dreyer, and Associates; and Bruce P. Brown Law; DA Boston; Augusta Judicial Circuit District Attorney Jared Williams; Cobb County District Attorney Flynn Broady, Jr.; and Towaliga Judicial Circuit District Attorney Jonathan Adams filed a lawsuit against the State of Georgia on August 2 challenging the law as unconstitutional. 

Citing concerns about the constitutionality of SB 92, the Georgia Supreme Court issued an order on November 22 stating that it would not review the proposed rules for the PAQC.  Because the terms of the statute required Supreme Court approval of their rules, the PAQC is unable to take any further action. 

However, DA Boston, PRP, and those who oppose the law recognize the fight will likely continue. 

“We appreciate that the Georgia Supreme Court shares some of the same concerns we have raised since this law’s inception.  While their decision means we do not need to move forward with this current legal challenge, we know some at the state Capitol have already signaled they plan to try again.  We stand ready to fight any new efforts to undermine the work of Georgia’s district attorneys and silence the voters who elected us,” said DeKalb County District Attorney Sherry Boston. 

“The recent decision by the Georgia Supreme Court rightfully recognizes that SB 92 is a fundamentally flawed law that cannot be permitted to take effect. While this is good news for Georgia residents, we must remain vigilant against future efforts to abuse state power and infringe upon the will of voters. Our dismissal of this lawsuit allows us to refile new litigation if the Georgia General Assembly passes new legislation that violates the state and federal constitutions. The fight is not over, and we are prepared to defend the rights of Georgia voters and their ability to elect local prosecutors who can advance their vision for safety and justice in their communities.,” said Josh Rosenthal, Legal Director of Public Rights Project.