ATLANTA — Many people throughout metro Atlanta are asking if a state senator can call a special session to remove Fulton County District Attorney Fani Willis after she charged former U.S. President Donald Trump and 18 other co-defendants for conspiring to overturn Georgia's 2020 election. This comes after Georgia State Sen. Colton Moore sent a demand letter to Gov. Brian Kemp.
THE QUESTION
Is it likely that a Georgia special session could look into Fulton County District Attorney Fani Willis?
THE SOURCES
- The Georgia Constitution
- Doug Teper, Georgia State University political science professor and former Georgia House representative
THE ANSWER
No, it is highly unlikely there's any chance of a special session, and it is not how a district attorney review would happen under the new Georgia law.
WHAT WE FOUND
State Sen. Colton Moore, who represents northwest Georgia, said he wants to remove Willis from office. Moore sent a letter to the Governor on Thursday asking for an emergency special session.
In Georgia, there are two main ways to call a special session. The first avenue is by the governor.
“He can call the legislature into session, and during my time in the legislature, it happened a couple of times in Georgia," Teper said.
Most of the time a special session happens for a budget crisis.
The other way a special session can happen is for three-fifths of both the Georgia State House and Senate to vote for it -- and it would require both Democrats and Republicans.
“It's unlikely that and, in my memory, it's not been done where one person is brought before the Georgia Legislature to be removed," Teper said.
There is a new law allowing for review of district attorneys.
“The legislature just passed a law which creates a commission that can bring a district attorney up before the commission to determine whether or not they should be removed from office, but a special session of a legislature is not the vehicle to address that," Teper said.
It is the newly approved Prosecuting Attorneys Statewide Qualifications Commission and not the full legislature that would consider complaints against district attorneys and only if they're found to be involved in something illegal.