Counties file complaint seeking to remove Brunswick DA

Commissioners from the five counties — Glynn, Camden, Appling, Wayne and Jeff Davis — believe Higgins’ financial mismanagement and conduct have been so egregious that he represents “an ongoing and escalating threat to the justice system and to the taxpayers of the Brunswick Judicial Circuit,” according to the five-page document reviewed by The Current and authenticated by the four officials.

As The Current has previously reported, the Brunswick DA’s office had budget arrears with at least two counties. Those included nearly $1 million to Glynn County and approximately $13,500 to Camden County, according to the complaint reviewed by The Current. The budget dispute with Glynn is the subject of an ongoing lawsuit filed by Higgins against the county and its commissioners.

Since the start of the year, several commissioners across the judicial circuit believe that Higgins has not prioritized their concerns about taxpayer spending. Commissioners in these counties last month voted to join a complaint, which one commissioner confirmed was filed this week to the prosecuting attorneys’ body.

Ian Heap, the executive director of the commission, said he could not confirm the existence of a complaint or comment on the matter, as the work of his body is confidential.

The prosecutors’ commission was set up in 2023 by the Republican-led state legislature to oversee the DAs serving Georgia’s 159 counties. The body has the power to discipline, remove, or involuntarily retire appointed or elected district attorneys.

By statute, the commission’s process to review a complaint starts with a preliminary investigation. If the body finds that the complaint has merit, it refers the issue to an investigative panel that initiates a formal investigation. At that stage, the DA under scrutiny has the chance to respond.

Higgins told The Current that he denies any wrongdoing. He said that he hasn’t received a copy of a complaint or had any communication from the commission.

“The public distribution of what purports to be a complaint to the Prosecuting Attorneys Qualification Commission is a politically motivated attack on my character and the staff of the District Attorney’s Office who work hard every day to seek justice for crime victims and provide a safe community where our citizens can live, work, and raise their families,” Higgins wrote in a statement to The Current. “The allegations that are set forth in the so-called complaint are false and reveal a gross misunderstanding of the legal process.”

In his ongoing lawsuit with Glynn County, Higgins argues that the county commissioners’ decision to cut his budget has interfered with his ability to prosecute crimes. The office has seven prosecutors to cover the five-county circuit with over 2,400 pending felony cases.

What is in the complaint?

According to the complaint reviewed by The Current, the counties allege that Higgins has exhibited “willful misconduct in office, persistent failure to perform duties” and displayed “conduct prejudicial to the administration of justice, which brings the office into disrepute.”

Among the allegations, the complaint says the DA used budget funds from one county to pay for prosecutions and operations in another. Additionally, there are indications of improper and off budget expenditures, according to the complaint.

“I took the necessary corrective action to ensure that the DA’s Office would operate within its budget for Fiscal Year 2024-2025 and would continue to operate within its budget in future years,” Higgins said. ”Public funds have not been misused, misplaced, or unlawfully diverted. I have not breached any fiduciary duty.”

The complaint makes reference to the forensic audit of Higgins’ office commissioned by the five counties. The complaint alleges that Higgins has not cooperated with the audit, which is being conducted by Baker Tilly Advisory Group.

A copy of the complaint reviewed by The Current does not include the audit or any other exhibits.

The complaint also cites Higgins’ decision to cease work in Juvenile Court due to what he said is the lack of funding for prosecutors to handle cases.

The complaint also refers to disputes between Glynn County commissioners and the DA over a grand jury empaneled last fall by Higgins. The jurors sought information from the county about the budget dispute with the DA’s office. However, the county refused to answer the grand jury’s queries, insisting that Higgins had violated prosecutorial standards by not recusing himself from the matter.

Higgins has denied any wrongdoing in his handling of the grand jury. Georgia law allows grand jurors to examine issues of their choosing and make formal presentments of what they learn.

The road ahead

The creation of the prosecutors’ commission came amid partisan debates about crime. While passing the law, state Republican leaders frequently criticized the Democratic DAs in the Western Circuit that covers Athens-Clarke and Oconee Counties and in Chatham County whom they accused of not following Georgia’s tough-on-crime statutes.

The commission has not publicized the results of any investigations, and it’s unknown how many complaints it has handled.

The chairman of that commission’s investigative panel is Randy McGinley, the Republican DA for the Alcovy Judicial Circuit, which covers Newton and Walton counties. Joey Cowart, the vice chairman, was the solicitor general of Bulloch County for 16 years. He, along with Steve Scheer, a municipal court judge on Tybee Island and previously the city attorney from Pooler, were appointed to the panel by Speaker of the House Jon Burns in 2023.

The panel also includes John Ott, the chief judge for the Alcovy Circuit and Jason Saliba, the chief assistant district attorney for the Paulding Judicial Circuit.

If the panel finds wrongdoing, it can refer the issue to another agency or discipline the DA itself.

Credit: The Current GA

Credit: The Current GA

MEET OUR PARTNER

This story comes from our partner The Current GA, an inclusive nonprofit, independent news organization which provides in-depth watchdog journalism for Savannah and coastal Georgia’s communities. Sign up for their newsletter here.