If Judge McAfee decides to disqualify Fulton County District Attorney Fani Willis and her office from prosecuting the case against former President Donald Trump and his co-defendants, several steps would follow.
First, the case would be referred to the Prosecuting Attorneys’ Council of Georgia, specifically to Executive Director Pete Skandalakis. Skandalakis would then have several options for how to proceed.
One option is for Skandalakis to appoint a replacement district attorney or solicitor-general to take over the prosecution. This replacement could be a qualified attorney from within the state’s legal system, such as a retired prosecuting attorney or an attorney employed by the Department of Law.
Alternatively, Skandalakis could designate an attorney from the Prosecuting Attorneys’ Council itself to handle the case. Another possibility is for Skandalakis to appoint a competent attorney to act as district attorney pro tempore, essentially serving as a temporary replacement for Willis.
It’s worth noting that the Prosecuting Attorneys’ Council has dealt with similar situations in the past, where district attorneys have been disqualified from cases or have recused themselves.
As a result, the council has established procedures for replacing prosecutors in such circumstances, ensuring that legal proceedings can continue smoothly and impartially.
The decision of who will take over the prosecution will depend on the judgment of Executive Director Skandalakis and the specific circumstances of the case. The goal will be to appoint a qualified and impartial prosecutor who can carry out the duties of the office effectively and fairly.
