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Georgia law simply doesn't allow the AG to step in without a request from the DA or the presiding judge. The General Assembly should take a look at that, but bad cases often make bad law. I wouldn't want the AG to be able to willy nilly usurp a locally elected DA in most cases.https://twitter.com/RichardFausset/status/1273975996341944322 …
This is a great point. In the Arbery case, we saw the third prosecutor, Tom Durden, ask that he be replaced by a prosecutor with a bigger staff. My guess is that it is very rare for the judge to kick a DA off a case. I wonder if there are examples…
It happens, but rarely. I assume defendants will move for it here. See McLaughlin v. Payne, 295 Ga. 609, 761 S.E.2d 289 (2014)(Douglas Co. DA disqualified because of his status as witness).
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