(The Center Square) – A law signed by Georgia Gov. Brian Kemp in May could put legal fees in the Donald Trump election interference case on the backs of Fulton County taxpayers.
Senate Bill 244 allows defendants to recoup “reasonable costs” if their case is dismissed due to prosecutorial misconduct. The bill became effective upon Kemp’s signature.
A judge disqualified Fulton County District Attorney Fani Willis from the case after it was revealed she had a romantic relationship with lead prosecutor Nathan Wade.
Peter Skandalakis, executive director of the Prosecuting Attorney’s Council of Georgia, moved to dismiss the case against Trump and others after taking over the prosecution. Fulton County Judge Scott McAfee signed the order on Wednesday.
The law gives defendants 45 days after a case is dismissed to file for “reasonable attorney’s fees and costs.”
When asked by The Center Square if he planned to use the law to recoup Trump’s legal fees, the president’s lead counsel in the case, Steve Sadow, said he had no comment.
The bill was sponsored by former Sen. Brandon Beach, who left the Georgia General Assembly to serve as U.S. treasurer in the Trump administration.
Democrats accused Republicans of introducing the bill at Trump’s behest, which some lawmakers denied.
“There is absolutely nothing in this bill that focuses on a single county nor does it have a sunset for a single issue,” said Rep. Chuck Martin, R-Alpharetta, who presented the bill in the Senate.
Rep. Betsy Holland, D-Atlanta, is one of several lawmakers who said during floor debate that the bill would put Fulton County taxpayers on the hook in Trump’s case.
“It is punishing the local taxpayers for statewide political problems and has a chilling effect potentially on our district attorneys who maybe are no longer going to take the high profile or very sensitive cases for fear of the trickle-down effect of what it’s going to do for the taxpayers who elected them in the first place,” Holland said.
Senate Bill 244 also included a provision that would set up a system to compensate Georgians who were imprisoned and later exonerated. It was first presented as a standalone bill by Rep. Katie Dempsey, R-Rome, before it was attached to the Senate bill. Two of the men mentioned in the bill are from Dempsey’s home county.
The bill would give the individuals $75,000 for every year they were incarcerated. Death row inmates will receive an additional $25,000 per year.
