Now that the Fulton County District Attorney’s Office has been disqualified, the head of the Prosecuting Attorneys’ Council of Georgia will decide who inherits the election interference case involving President Donald Trump and 14 of his supporters.
Pete Skandalakis could pick a sitting DA from anywhere in Georgia, a staff attorney from the nonpartisan state organization he runs or even an outside attorney to oversee the case. Or he could name himself to the role, which is what he did with a portion of the same case last year.
In previous cases, Skandalakis has considered factors such as the size and resources of a DA’s office, the level of professional experience, and geography to try and assign prosecutors from a similar urban, suburban or rural area from the disqualified office. Skandalakis said in past cases he’s also taken into account the willingness of a prosecutor to take over a case, though he could assign it above a person’s objections.
Here are some of the attorneys he could consider to replace Fulton DA Fani Willis:
Metro Atlanta DAs
If Skandalakis opts to focus on sitting prosecutors representing big urban and suburban districts similar to Fulton, he has several options in metro Atlanta.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
Credit: Henri Hollis/AJC
Credit: Henri Hollis/AJC
The most prominent name is DeKalb County DA Sherry Boston. The Democrat and former criminal defense attorney was actually tapped by an outgoing Republican governor, Sonny Perdue, earlier in her career to serve as DeKalb’s solicitor general. Elected as DA in 2016, she has also been willing to butt heads with GOP leaders. In 2023, she led a bipartisan group of prosecutors suing the state over a new law aimed as a way to rein in “rogue” prosecutors. Boston’s name has also circulated as a potential candidate for higher office. She currently works with Skandalakis as the chair of PAC.
Outside of Willis, the metro Atlanta DA with the most knowledge of the racketeering case is Cobb County DA Sonya Allen. Before being elected Cobb’s first Black female DA in 2024, Allen worked for Willis in the Fulton DA’s anti-corruption division, where she spent time on the Trump investigation during its early days. Before that, Allen was a 30-year veteran of the Cobb County Sheriff’s Office. If Skandalakis were to tap her to take over for Willis, defendants would likely fiercely challenge her appointment and argue she should be considered disqualified, given that she once worked with the Fulton DA’s office on the case.
Another possibility is Gwinnett County DA Patsy Austin-Gatson. The Democrat became the first Black and the first woman to be elected district attorney in Gwinnett after defeating longtime Republican incumbent Danny Porter in 2020. Austin-Gatson said she was inspired to run for Gwinnett County DA following the murders of George Floyd and Ahmaud Arbery. Before her election, she was supervising attorney in the Gwinnett County Solicitor’s Office.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
Many observers believe it will be difficult for Skandalakis to find anyone — even an ambitious and well-resourced Democrat — who will be willing to take the reins because of the sheer complexity of the case, the intense media attention and the current spate of political violence in the country.
Outside attorneys
Skandalakis can hire an outside attorney to take on the case.
Credit: Ben Gray
Credit: Ben Gray
For example, several years ago, he hired former Gwinnett DA Danny Porter to decide whether to prosecute the two Atlanta police officers involved in the 2020 shooting death of Rayshard Brooks. (Porter, who served as Gwinnett’s top prosecutor for 28 years, ultimately declined to pursue charges.)
But money could be a significant limiting factor in terms of who Skandalakis could attract. Outside attorneys can only be paid about $65 an hour for their work, a small fraction of many people’s regular rates. And there is no extra budget to cover the cost of printing and filing motions, doing legal research, office supplies and salaries for any sort of administrative help. Porter, when he took on the Brooks case, said he ultimately opted not to bill for his work because the pay wasn’t worth the time putting together the invoices.
For his part, Porter said Tuesday he would be open to taking up the Trump case if Skandalakis asked him to but that he had significant reservations. “My personal relationship with Pete would be the only reason I’d get involved in it, but I’m not going to jump off that bridge till I get to it,” he said.
Staff attorneys
Skandalakis could also look to one of the attorneys’ council’s own prosecutors to take on the work.
Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
For example, last year, staff attorney Sheila Ross successfully steered the high-profile murder case against Joe Ibarra, the Venezuelan who was charged in the death of University of Georgia nursing student Laken Riley.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
Skandalakis could also appoint himself to steer the case. Many observers believe that is the most likely outcome given his familiarity with the case and what’s expected to be the dearth of other volunteers. Last year, Skandalakis took on one of the more politically delicate aspects of the racketeering case, deciding whether to bring criminal charges against Lt. Gov. Burt Jones for his role as a Trump elector after Willis was disqualified. After reviewing the evidence the Fulton DA’s office compiled, Skandalakis declined to pursue charges, saying Jones was following legal advice and did not act with criminal intent. If he were to take on the full racketeering case, some observers believe he would be inclined to dismiss the broader GOP electors portion of the case.
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