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Romanv.The State (consolidated cases)

CourtCourt of Appeals of Georgia
Docket No.A24A1595, A24A1596, A24A1597, A24A1598, A24A1599, A24A1600, A24A1601, A24A1602, A24A1603
DecidedDecember 19, 2024
Reporter373 Ga. App. 863, 910 S.E.2d 609 (2024)
JudgesBrown, J. (opinion); Markle, J., concurring; Land, J., dissenting.
Tags
CriminalRICODisqualification of ProsecutorAppearance of ImproprietyElection Interference ProsecutionInterlocutory AppealIndictment Challenge
Case Summary

Nine defendants charged in Fulton County’s 2020 election-interference indictment sought its dismissal and disqualification of District Attorney Fani Willis and her office. After finding no actual conflict or material financial benefit, the trial court found a significant appearance of impropriety based on Willis’s continued supervision and payment of special prosecutor Nathan Wade during their relationship and the uncertain accounting of shared expenses. It gave the State the option of removing Wade or referring the prosecution to another district attorney’s office. The Court of Appeals held that Wade’s withdrawal would not cure the appearance tied to Willis’s own conduct and disqualified Willis and her office. It affirmed the denial of dismissal because the record did not show prejudice or a constitutional violation warranting that extreme remedy. Judge Markle concurred; Judge Land dissented.

Opinion

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