Post-Conviction Reform / Wrongful Convictions
Georgia\'s Prosecutor Oversight Paradox: The PAQC, the Wrongful Conviction Compensation Act, and the Accountability Gap That Remains
This GPS investigative brief documents the paradox of Georgia's prosecutor oversight system: the state created the Prosecuting Attorneys Qualifications Commission (PAQC) to punish prosecutors who fail to prosecute aggressively enough, and enacted the Wrongful Conviction Compensation Act to pay exonerees $75,000 per year of wrongful incarceration, yet built no mechanism to help innocent people prove their innocence. The PAQC dismissed 97.9% of complaints in 2025 (137 of 140), while its entire institutional orientation targets leniency rather than prosecutorial misconduct that produces wrongful convictions. The brief argues that the PAQC's statutory template proves Georgia can build prosecutor oversight with real teeth, but has chosen not to direct that power toward wrongful conviction accountability.
All Data Points
46 verified data points extracted from primary sources.
PAQC created by SB 92, signed May 5, 2023 Legal fact
The Prosecuting Attorneys Qualifications Commission was created by Senate Bill 92, signed by Governor Brian Kemp on May 5, 2023. It is an eight-member commission with jurisdiction over every elected or appointed district attorney and solicitor-gener…
PAQC has authority to remove prosecutors Legal fact
The PAQC has the authority to investigate alleged misconduct and to discipline, remove, or cause the involuntary retirement of prosecutors who meet the statutory conditions for removal.
PAQC modeled on Judicial Qualifications Commission Finding
The PAQC is modeled on the Judicial Qualifications Commission (JQC), which enforces standards of conduct for Georgia's judiciary.
PAQC members all appointed by Republican officials Finding
PAQC members were appointed by Governor Kemp, Lt. Governor Burt Jones, Speaker of the House Jon Burns, and the Senate Committee on Assignments — all Republican-controlled appointing authorities at the time of creation.
PAQC membership: 6 of 8 are current or former prosecutors Statistic
The PAQC has 8 members, of whom 6 are current or former prosecutors and 2 are other lawyers.
6 current or former prosecutors out of 8 members vs. total PAQC members
Six statutory grounds for PAQC discipline Legal fact
The PAQC can discipline or remove a DA or solicitor-general on six grounds: (1) permanent mental or physical incapacity, (2) willful and persistent failure to carry out statutory duties, (3) conduct prejudicial to the administration of justice, (4) …
2026 legislation expanded PAQC grounds for discipline Legal fact
The 2026 legislative session added additional PAQC grounds for discipline including violating bar rules, failing to notify crime victims of prosecutorial actions, failing to comply with public records requests, and showing 'undue bias or prejudice' …
SB 92 added mandatory individual case review duty for prosecutors Legal fact
SB 92 added a new statutory duty requiring prosecutors to 'review every individual case for which probable cause for prosecution exists, and make a prosecutorial decision under the law based on the facts and circumstances of each individual case.' T…
Governor Kemp quote on PAQC purpose Quote
Governor Kemp stated: 'My No. 1 priority is public safety across our state. As hardworking law enforcement officers routinely put their lives on the line to investigate, confront, and arrest criminal offenders, I won't stand idly by as they're met w…
Senator Robertson quote on rogue prosecutors Quote
Senator Robertson, the bill's sponsor, spoke of 'rogue prosecutors that refuse to prosecute violent criminals, lead defunct and understaffed offices, and impose blanket policies for non-prosecution of crimes.'
PAQC widely understood as response to Willis and Gonzalez Finding
The PAQC is widely understood — by supporters and opponents alike — as a political response to two prosecutors in particular: Fulton County DA Fani Willis, who in August 2023 obtained an indictment against former President Trump and 18 others for al…
Senator Cowsert quote on public faith in prosecutors Quote
Senator Bill Cowsert stated: 'There was quite a bit of evidence presented to us, and testimony about conduct of prosecutors and really the lack of public faith in the independence and the impartiality of the prosecuting attorneys in the state.'
Lt. Governor Burt Jones quote on Willis and PAQC Quote
Lt. Governor Burt Jones stated: 'Fani Willis' lawfare of President Trump and his allies has highlighted why oversight by the Prosecuting Attorneys Qualifications Commission is vital.'
Bipartisan DA lawsuit challenging PAQC constitutionality Case detail
In April 2024, a bipartisan group of Georgia district attorneys — led by DeKalb County DA Sherry Boston (D), Towaliga Circuit DA Jonathan Adams (R), and Augusta Circuit DA Jared Williams (D) — filed a lawsuit in Fulton County Superior Court challeng…
DAs argued PAQC undermines voter choice Legal fact
The DAs challenging the PAQC argued that it 'aims to curtail the power of duly elected prosecutors and usurp the will of voters,' that removal bars service for 10 years effectively overriding an election, that it chills First Amendment free-speech r…
DA Jared Williams quote on PAQC lawsuit Quote
DA Jared Williams stated: 'This law is not about oversight, it's about overturning the will of voters. It creates a dangerous barrier between public officials and the communities we serve, discouraging transparency and undermining our freedom of spe…
Georgia Supreme Court declined to approve PAQC rules in November 2023 Legal fact
The Georgia Supreme Court declined to approve the PAQC's proposed rules in November 2023, citing concerns about its constitutional authority to regulate prosecutors' general conduct.
SB 332 removed Supreme Court approval requirement for PAQC Legal fact
Rather than addressing the Georgia Supreme Court's concerns about the PAQC's constitutional authority, the legislature passed SB 332 in March 2024, removing the requirement for Supreme Court approval of PAQC rules and reactivating the commission.
PAQC 2025: 140 complaints filed, 137 dismissed (97.9% dismissal rate) Statistic
Of 140 complaints filed with the PAQC in 2025, only three — all related complaints about the same solicitor general in a rural county — were not dismissed. The 97.9% dismissal rate mirrors the pattern identified in the State Bar's grievance process.
97.9%
PAQC: 140 total complaints in 2025 Statistic
The PAQC received 140 complaints in its first full year of operation in 2025.
140 complaints
Washington County SG Michael Howard resigned under PAQC investigation Case detail
Washington County Solicitor General Michael Howard resigned in July 2025 while under PAQC investigation, agreeing to never run for a prosecutor post again. He was the only target of the three non-dismissed complaints, which were all related. Every o…
PAQC removal bars prosecutor from office for 10 years Legal fact
If a DA is removed by the PAQC, they cannot serve again for 10 years — effectively overriding an election.
PAQC complaint process requires sworn affidavit Policy
The PAQC complaint process requires a sworn affidavit laying out the personal knowledge of the complainant, required disclosures about the complainant's relationship to the case, and the statutory basis for the complaint must be checked off.
PAQC does not consider pre-adoption misconduct Policy
The PAQC's FAQ states that it does not consider any misconduct that occurred before its rules were adopted, citing due process concerns. The commission was initially authorized in 2023 but could not begin work until 2024.
PAQC does not address Brady violations or wrongful convictions Finding
The PAQC's statutory grounds for discipline and institutional orientation are directed at prosecutors who fail to prosecute — not prosecutors who prosecute wrongfully. The framework does not specifically address Brady violations, Rule 3.8 violations…
Wrongful Conviction Compensation Act signed May 14, 2025 Legal fact
On May 14, 2025, Governor Kemp signed the Wrongful Conviction and Incarceration Compensation Act into law. The legislation was originally sponsored by Representative Katie Dempsey (R) and Representative Scott Holcomb (D), and was added to SB 244 by …
Georgia previously had no standardized wrongful conviction compensation Finding
Before the Wrongful Conviction and Incarceration Compensation Act, Georgia had no standardized process for compensating the wrongfully convicted. Exonerees had to find a state lawmaker willing to introduce an individual compensation bill on their be…
Georgia Innocence Project praise for Compensation Act Quote
The Georgia Innocence Project praised the Act as 'finally creat[ing] a uniform procedure for compensating Georgians who were wrongfully convicted and incarcerated for crimes they did not commit.'
Compensation rate: $75,000 per year of wrongful incarceration Statistic
The Wrongful Conviction and Incarceration Compensation Act provides $75,000 per year of wrongful incarceration.
$75,000
Compensation eligibility requirements Legal fact
A person must have been convicted of a felony by a Georgia court, served all or part of the sentence, and had the conviction reversed or vacated with charges dismissed, OR been pardoned on grounds of innocence.
Claims processed by OSAH administrative law judges Policy
Wrongful conviction compensation claims are filed with the Office of State Administrative Hearings (OSAH), not through the legislature or a new commission. Administrative law judges hear and evaluate the claims.
Compensation filing deadline: 3 years from exoneration or July 1, 2025 Legal fact
Claims must be filed within three years of exoneration or within three years of July 1, 2025, whichever is later.
51 known Georgia exonerees since 1989 Statistic
Georgia has 51 known exonerees since 1989.
51 exonerees
610 collective years lost by Georgia exonerees Statistic
Georgia's 51 known exonerees since 1989 collectively lost 610 years to wrongful incarceration.
610 years of wrongful incarceration
Estimated total compensation liability: approximately $46 million Statistic
11Alive calculated that if each of Georgia's 51 known exonerees since 1989 pursues compensation for their collective 610 years lost, the state would owe approximately $46 million.
$46M
OSAH does not expect immediate flood of claims Quote
OSAH officials noted they do not expect 'dozens of claims and millions and millions of dollars all at once.'
Compensation Act only applies to already-exonerated individuals Finding
The Wrongful Conviction Compensation Act only applies to people who have already been exonerated — whose convictions have been reversed or vacated and whose charges have been dismissed. It does nothing to help people who are still inside the system …
Core accountability gap: no mechanism to help innocent people prove innocence Finding
Georgia has built a commission to punish prosecutors who don't prosecute enough (PAQC), and a fund to compensate people after they prove their innocence (Compensation Act), but has done nothing to help innocent people prove their innocence in the fi…
Only 3 of 159 Georgia counties have any conviction integrity mechanism Statistic
Only 3 of 159 Georgia counties have any conviction integrity mechanism. There is no conviction integrity unit with statewide jurisdiction.
3 counties with conviction integrity mechanisms vs. total Georgia counties
May 14, 2025 paradox: HB 176 and Compensation Act signed same day Finding
On May 14, 2025, Governor Kemp signed both HB 176 (codifying out-of-time appeals, fixing the Cook v. State gap) and the Wrongful Conviction and Incarceration Compensation Act. Georgia simultaneously acknowledged harm from eliminated out-of-time appe…
HB 176 grace period for Cook v. State refiling Legal fact
People whose appeals were dismissed because of Cook v. State may refile before June 30, 2026 under HB 176.
Structural barriers remain despite compensation mechanism Finding
To receive compensation, a wrongfully convicted person must first navigate: the four-year habeas deadline (§ 9-14-42), the narrowed miscarriage of justice exception (§ 9-14-48(d)), the Harper v. State bar on § 17-9-4 challenges, the lack of appointe…
No mechanism connects PAQC authority with Rule 3.8 obligations Data gap
Georgia has not built a system to connect the PAQC's authority with the State Bar's Rule 3.8 obligations. No mechanism exists for the PAQC or any other body to review claims that prosecutors violated Rule 3.8 by suppressing evidence of innocence.
SB 92 sponsored by Majority Whip Randy Robertson with 11 co-sponsors Legal fact
SB 92 was sponsored by Majority Whip Randy Robertson and co-sponsored by President Pro-Tem John Kennedy, Sen. Larry Walker III, Sen. Bill Cowsert, Sen. Matt Brass, Sen. Jason Anavitarte, Rep. Joseph Gullett, Rep. Houston Gaines, Speaker Pro-Tem Jan …
PAQC proves Georgia can build prosecutor oversight with real power Finding
The PAQC's existence proves Georgia knows how to create prosecutor oversight with real teeth — removal power, investigation authority, a website, a staff, a complaint process, and an annual budget. The question is why that model has not been directe…
Fani Willis indicted Trump and 18 others in August 2023 Case detail
Fulton County DA Fani Willis in August 2023 obtained an indictment against former President Trump and 18 others for allegedly attempting to overturn the 2020 election results.
Sources
18 cited sources backing this research.
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Press release
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Official report
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Press release
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Gps original
GPS Investigative Research Brief: Georgia's Prosecutor Oversight Paradox
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Journalism
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Legislation
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Data portal
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Official report
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Official report
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Journalism
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Key Entities
Organizations, people, facilities, and other named entities referenced in this research.
Bill Cowsert
[person]
Brian Kemp
[person]
Burt Jones
[person]
Deborah Gonzalez
[person]
Fani Willis
[person]
Georgia Innocence Project
[organization]
Georgia Prisoners' Speak
[organization]
Georgia Supreme Court
[organization]
HB 176
[legislation]
Jared Williams
[person]
Jon Burns
[person]
Jonathan Adams
[person]
Judicial Qualifications Commission
[organization]
Katie Dempsey
[person]
Michael Howard
[person]
OSAH
[organization]
PAQC
[organization]
Public Rights Project
[organization]
Randy Robertson
[person]
SB 244
[legislation]
SB 332
[legislation]
SB 92
[legislation]
Scott Holcomb
[person]
Sherry Boston
[person]
Wrongful Conviction and Incarceration Compensation Act
[legislation]