Georgia Governor Signs Bill Allowing Legal Fee Recovery for Defendants

News Summary

Georgia Governor Brian Kemp has signed Senate Bill 244, enabling criminal defendants to recoup attorney fees if their prosecutor is disqualified due to misconduct. This law could allow former President Trump to recover millions in legal costs linked to election interference charges. Following a court ruling disqualifying Fulton County DA Fani Willis from Trump’s case, taxpayers might bear the legal costs. The bill also revives compensation for wrongful convictions, raising ethical concerns about financing legal defenses for high-profile defendants.

Atlanta, Georgia – Georgia Governor Brian Kemp has enacted Senate Bill 244, a new legislation that allows criminal defendants to recover attorney fees and legal costs if their prosecutor is disqualified due to misconduct, resulting in the dismissal of their case. This law could enable former President Donald Trump to recover millions of dollars in legal expenses related to charges of interfering with the 2020 elections.

The signing of the bill into law follows a ruling by the Georgia Court of Appeals in December 2023, which determined that Fulton County District Attorney Fani Willis must be removed from prosecuting Trump’s case. The court identified an “appearance of impropriety” stemming from Willis’s relationship with a former special prosecutor involved in the case. However, the case against Trump remains suspended while the Georgia Supreme Court considers an appeal from Willis regarding her disqualification.

If the Georgia Supreme Court affirms Willis’s disqualification, local taxpayers could be responsible for funding Trump’s substantial legal fees, estimated to be around $2.7 million in the Georgia case alone. Since leaving office, Trump has incurred approximately $54 million in legal expenses across various charges. In addition, the Georgia Republican Party has contributed at least $2 million towards the legal fees of Trump’s co-defendants.

Senate Bill 244 was sponsored by Republican Senator Brandon Beach, a close ally of Trump, who has been appointed by Trump as the next U.S. Treasurer. Alongside provisions related to Trump’s legal situation, the law also revives the Wrongful Conviction Compensation Act, which establishes a standardized compensation process for individuals wrongfully incarcerated. Under this act, exonerees will receive $75,000 for each year of wrongful imprisonment, and an additional $25,000 for each year spent on death row. This new legislation also sets up a process through which administrative law judges will evaluate compensation claims, contrasting with the previous requirement for each case to gain legislative approval.

The Georgia Innocence Project has pointed out the difficulties faced by exonerees in obtaining compensation, as many have emerged from incarceration without adequate financial resources despite establishing their innocence. During the legislative session, the bill encountered resistance from several Democrats, who argued that it effectively shields powerful politicians from accountability. Representative Shea Roberts described the situation faced by legislators as one that puts them “in a moral straitjacket.”

The bill passed the Senate with a vote tally of 35-18, with all Republican senators supporting it, and three Democrats joining in favor. The passage of this legislation marks a notable shift in Governor Kemp’s stance towards Trump, moving from a position of opposition following the fallout over the 2020 election results in Georgia to one of support.

Critics of Senate Bill 244 have raised concerns regarding the ethics of having taxpayers potentially finance legal defense costs for individuals like Trump, who face serious criminal allegations. The implications of this law could resonate significantly within the broader political landscape in Georgia and beyond.

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