Now that Fulton County Superior Court Judge Scott McAfee has ruled in the disqualification case involving District Attorney Fani Willis here’s what to expect next.
Possible Appeals
Either side can try to appeal the decision. They could ask McAfee for a certificate of immediate review to appeal the decision before trial. Or it’s possible either side could file what’s called an “interlocutory” – or pretrial – appeal directly to the Georgia Court of Appeals. In either instance, it will be up to the Court of Appeals to decide whether it wants to hear the appeal. If it does not want to hear it at this time, the case will return to McAfee and proceed toward trial.
If the defense appeals McAfee’s decision, it’s possible the judge could continue deciding matters in the case while that appeal is pending. But if the state appeals, it would seem McAfee would not be able to continue working on the case because Willis would not have decided whether to recuse herself or allow Wade to withdraw from the case. Finally, if the Court of Appeals does accept the appeal, it could be several months before it issues its decision on the matter. And the losing party could then appeal that decision to the state Supreme Court.
A new lead prosecutor
The resignation late Friday of Nathan Wade, Fulton County’s lead Trump prosecutor and Willis’ former romantic partner, cleared the way for the DA and her office to move forward with the case.
But Wade’s departure leaves a vacancy in the prosecution team. Who will Willis select to take Wade’s place? Will she hire another outside counsel or select one of her staffers to take the reins?
Other avenues of accountability
In his ruling, McAfee noted that while Georgia law, “does not permit the finding of an actual conflict for simply making bad choices – even repeatedly” there are other bodies and venues where Willis could be held accountable.
“The General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger,” he said.
Gov. Brian Kemp on Wednesday signed legislation bolstering a new state commission designed to discipline “rogue” prosecutors. The first complaint the panel received after being created last year was about Willis. State senators, meanwhile, are ramping up a new investigative committee, which has subpoena power.
Willis also has two challengers as she runs for re-election this year.
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