Fulton County District Attorney Fani Willis has filed a petition with the Georgia Supreme Court, arguing that the Georgia Court of Appeals overstepped its authority in disqualifying her and her team from the racketeering and election interference case against President-elect Donald Trump and others. The appellate court had ruled in late December that Willis should be disqualified due to the “appearance of impropriety” stemming from her past romantic relationship with Nathan Wade, a special prosecutor involved in the case.
In her petition, Willis contends that the appellate court’s decision disregarded long-established legal precedent in Georgia. Specifically, she argues that the state’s highest court has consistently held that disqualification of a prosecutor requires the presence of an actual conflict of interest, not merely an appearance of impropriety. The petition emphasizes that no Georgia court has ever disqualified a district attorney based solely on the appearance of impropriety, without evidence of a real conflict.
Willis accuses the appellate court of creating a new and problematic standard that could apply uniquely to elected district attorneys. This new standard, according to her office, could require disqualification based solely on public perception, even when there is no evidence that the prosecutor’s decisions were influenced by any impropriety. The petition criticizes the appellate court’s ruling for failing to engage with the trial court’s earlier decision, which had allowed Willis to remain on the case after Wade resigned from the prosecution team.
The filing argues that the appellate court’s opinion is flawed and could lead to confusion and a dangerous precedent for future cases. It calls on the Georgia Supreme Court to review the decision and correct what it sees as a misapplication of the law. The petition stresses that the appellate court’s ruling should not be allowed to stand, as it could negatively impact Georgia’s legal framework for disqualification of prosecutors in the future.
