Georgia Law Challenged Over Attorney Fees in Trump Case
ATLANTA (AP) — The constitutionality of a new Georgia law enabling defendants to claim attorney fees from prosecutors in cases of misconduct is under scrutiny. This law is being utilized by former President Donald Trump and others involved in a high-profile election interference case, who seek millions in legal reimbursements.
Pete Skandalakis, Executive Director of the Georgia Prosecuting Attorneys’ Council, filed a court document expressing concerns over the law’s constitutionality, particularly regarding its impact on county governments’ due process rights. Skandalakis stated the law has “serious and potentially unconstitutional deficiencies” as it compels counties to pay fees without a chance to contest the claims.
The legislation, enacted last year, specifies that defendants can request reimbursement of legal costs if a prosecutor is disqualified due to misconduct and the case is dismissed. A judge then decides on the costs, which are covered by the prosecutor’s office budget.
Trump’s legal team is seeking over $6.2 million, with the total claims from all defendants nearing $17 million, as noted by Skandalakis.
In August 2023, Fulton County District Attorney Fani Willis secured indictments against Trump and 18 others using Georgia’s anti-racketeering law, accusing them of attempting to overturn Trump’s 2020 election loss in Georgia to Joe Biden. Subsequently, Willis was removed from the case following a romantic involvement with the special prosecutor, Nathan Wade, which led to her disqualification due to an “appearance of impropriety.” Skandalakis took over and dismissed the case in November.
Skandalakis argues that the law unfairly burdens county governments, separate entities from the elected District Attorney, with financial responsibilities they cannot contest, thus violating due process under the U.S. and Georgia constitutions.
Willis’ office has not commented on these filings, but she has requested judicial consideration in the matter of fee and cost claims. Meanwhile, Steve Sadow, Trump’s lead attorney in Georgia, defended the law’s constitutionality, dismissing Skandalakis’ objections as incorrect.
Skandalakis further contends there has been no formal finding of “improper conduct” against Willis. Instead, the appeals court cited an appearance of impropriety, meaning a judge would have to equate appearance with actual misconduct to award legal costs to Trump and others involved.
Additionally, the law lacks a defined standard for reasonable attorney fees. Skandalakis highlighted that the rates for attorneys substituting for conflicted district attorneys or the state attorney general are $66.57 and $125 per hour, respectively, significantly lower than what some defense attorneys in the case billed. These rates, he argued, should inform what is considered reasonable.
Following revelations of Willis’ personal relationship with Wade by defense attorneys in January 2024, the trial judge, Scott McAfee, criticized Willis for a “tremendous lapse in judgment.” Despite this, he allowed her to remain on the case, provided Wade resigned, which he did shortly thereafter. However, the Georgia Court of Appeals removed Willis in December 2024, citing an “appearance of impropriety,” and the Georgia Supreme Court later declined to review the case.
