FULTON COUNTY, Ga. — A special meeting Thursday by the Fulton County Board of Ethics that was to originally hear two complaints over DA Fani Willis did not address those complaints, with the board saying it lacked jurisdiction over Willis because she is an elected state constitutional officer.
The meeting was scheduled for 10 a.m., but a public Zoom link directed to an invalid notice.
"District Attorney Fani T. Willis is an elected state constitutional officer who is a part of the judicial branch of state government, as are all district attorneys," a statement from the board said. "The Fulton County Code of Ethics only applies to 'county' officers and employees."
The board added that any complaints against a district attorney would fall to the State Ethics Commission.
You can read the full statement lower in this article.
Georgia State law professor Anthony Michael Kreis explained the jurisdictional issue with the Board of Ethics:
The complaints had been filed by Gregory Mantell, founder of the Substack blog Investigative News Service and a Fulton County resident.
On its website, Mantell stated that they filed the complaint "because of the DA’s illegal refusal to release certain financial records, including Nathan Wade’s invoices, under Georgia’s public records law."
A Fulton County resident, Steven Kramer, filed another complaint, asking questions about Willis and Wade's relationship, money spent on dates and trips, and how county funds were allocated.
Full Board of Ethics statement:
The Fulton County Board of Ethics lacks jurisdiction to hear any Ethics Complaint against Fani T. Willis, the District Attorney of Fulton County.
District Attorney Fani T. Willis is an elected state constitutional officer who is a part of the judicial branch of state government, as are all district attorneys. The District Attorney’s position and powers are defined and derived from Article 6 of the Georgia State Constitution. As a state constitutional officer, the District Attorney is tasked with prosecuting and enforcing felony criminal laws on behalf of the state.
The Fulton County Code of Ethics only applies to “county” officers and employees. The ethics code defines officer(s) and employee(s) as:
- “…any elected officer of the county, any person appointed to a county board, commission or agency by the board of commissions, any person employed by the county, including contracted employees, and any person retained by the county or any agency of the county in a consulting capacity, who is exclusively obligated to the county for a period of ninety (90) or more days.” Sec. 2-67
The Fulton County District Attorney does not fall within the definition of a “county officer” as defined in the ethics code. Moreover, the State Ethics Code specifically references its application to district attorneys. See O.C.G.A. §§ 21-5-2 and 21-5-4.
Accordingly, any ethics complaint against the district attorney of any county would be under the exclusive jurisdiction of the State Ethics Commission.
More on Fani Willis' disqualification hearing
Trump codefendant Mike Roman alleges that Wade used some of the money he earned from the election interference case to pay for various trips that he and Willis took together.
Wade acknowledged the relationship in February in a sworn affidavit but said it began after his appointment. Wade and Willis denied allegations of misusing taxpayer funds.
Roman alleges the relationship began before Wade's appointment.
In addition to having Willis, Wade, and her office disqualified from the case, Roman seeks to have the criminal charges against him dismissed. According to defense attorneys and documents reviewed by 11Alive, at least nine defendants have filed or adopted motions seeking Willis' disqualification.
Fulton County Superior Court Judge Scott McAfee has heard from several people regarding the relationship, including Terrence Bradley, Wade's former law partner and friend, and even Willis' father, in a series of hearings over the last few weeks. He is currently weighing whether the evidence and arguments in those hearings will merit disqualifying Willis and Wade, and said last week he would have an order on the motion within two weeks.
On Wednesday, Roman's attorney Ashleigh Merchant -- who filed the original disqualification motion -- testified about the move to disqualify Willis in a Georgia Senate committee hearing.
Roman is a Philadelphia GOP operative who was director of Election Day operations for Trump’s 2020 reelection campaign. He faces seven charges, including multiple conspiracy charges. The charges stem from several events, including his alleged role in the Trump "alternate" elector scheme. Roman had been one of the lesser-profile codefendants until Merchant brought the motion to disqualify Willis.
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