The Georgia Supreme Court on Tuesday declined to review an appellate ruling that permanently disqualified Fulton County District Attorney Fani Willis from prosecuting the election-interference case against former President Donald Trump and others, solidifying the removal of Willis and her entire office from the matter.
The decision by the state's high court was a 4-3 refusal to take up Willis' appeal of a December Georgia Court of Appeals order that barred her from continuing to lead the prosecution. The appeals court found an "appearance of impropriety" stemming from Willis' romantic relationship with Nathan Wade, a special prosecutor she had retained to help lead the investigation. One Georgia Supreme Court justice did not participate in the vote and another was disqualified.
Pete Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia, said the council will begin the process of selecting a new prosecutor to take over the case but offered no timeline. "Once a new prosecutor is appointed it will be up to him or her what to do with the case," Skandalakis said, noting the options include pursuing the full slate of charges, pursuing only certain charges, or dismissing the matter in whole. He cautioned that finding an attorney willing to take the case could be difficult given its complexity and resource demands.
Willis said she disagreed with the appeals court ruling and the state supreme court's decision not to review it, but she indicated she would make the case file and evidence available to the council for use in the litigation. Wade resigned as a prosecutor after the relationship became public. The appeals court's disqualification order extended to Willis' entire office.
The Fulton County indictment, returned in August 2023, charged Trump and 18 others with a variety of offenses tied to efforts to overturn Georgia's 2020 presidential election results. The indictment accused Trump of pressuring state officials to change the vote count, organizing so-called "fake electors" and harassing election workers. Trump surrendered at the Fulton County Jail on Aug. 24, 2023, where a booking photograph was taken.
Defense attorneys and some defendants welcomed the appellate ruling. Steve Sadow, an attorney for Trump in the Georgia case, said Willis' conduct was "egregious" and described the disqualification as appropriate. Jeff Clarke, a former Justice Department official among those indicted under state racketeering statutes, said the case should never have been brought and praised the decision. Ashleigh Merchant, a defense lawyer who brought the relationship to light while representing a co-defendant, said the development could "finally close this chapter."
Legal experts said the practical effect on the case will depend on who the Prosecuting Attorneys’ Council selects and what that prosecutor decides to do. Some noted that the fact Trump is now a sitting president complicates any prospect of state-level prosecution, though the council will still determine the next steps for the remaining defendants.
The controversy over Willis' relationship with Wade surfaced during pretrial litigation and became central to the appeals court's reasoning. The appellate panel found that the relationship created at least the appearance of bias that required disqualification, a conclusion Willis and her lawyers disputed.
The appeals court’s ruling and the supreme court's refusal to intervene leave open questions about timing, prosecutorial strategy and the fate of the charges against Trump and his co-defendants. The Prosecuting Attorneys’ Council has statutory authority to appoint a special prosecutor to replace a disqualified district attorney, and Skandalakis said the council will begin the search immediately.
The case remains one of several state and federal matters involving the former president. For now, the responsibility for deciding whether to continue the Georgia prosecution shifts from the elected Fulton County district attorney to a statewide council that will have to weigh legal, logistical and resource considerations before moving forward.