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ATLANTA — <\/span>The head of a nonpartisan group that supports Georgia prosecutors said the new state law that President Donald Trump<\/a> and others charged in an election interference case<\/a> are using to seek millions<\/a> in attorney fees and costs from the Fulton County district attorney\u2019s office is likely unconstitutional.<\/p>\n The law has \u201cserious and potentially unconstitutional deficiencies,\u201d notably because it denies county governments any sort of due process when defendants in a case request reimbursement, Georgia Prosecuting Attorneys’ Council Executive Director Pete Skandalakis wrote in a court filing Wednesday.<\/p>\n Georgia state legislators last year passed a law<\/a> that says that if a prosecutor is disqualified from a case because of their own improper conduct and the case is then dismissed, anyone charged in that case is entitled to request \u201call reasonable attorney\u2019s fees and costs incurred\u201d in their defense. The judge overseeing the case then is responsible for reviewing the request and awarding the fees and costs, which are to be paid from the budget of the prosecutor\u2019s office.<\/p>\n Trump is seeking more than $6.2 million and the total amount sought by him and other people charged in the case is nearly $17 million, Skandalakis noted.<\/p>\n Fulton County District Attorney Fani Willis obtained an indictment against Trump and 18 others from a grand jury in August 2023, using the state\u2019s anti-racketeering law<\/a> to accuse them of participating in a wide-ranging scheme to illegally try to overturn Trump\u2019s narrow 2020 presidential election loss to Democrat Joe Biden in Georgia. <\/p>\n Willis and her office were removed from the case after the Georgia Court of Appeals found that there was an \u201cappearance of impropriety\u201d created by a romantic relationship<\/a> she had with the special prosecutor she chose to lead the case. Skandalakis took over the case late last year and dismissed it in November<\/a>.<\/p>\n The new law \u201cis probably unconstitutional because it leaves county governments \u2014 entities that are politically and practically separate from the elected District Attorney \u2014 responsible for paying costs that do not involve them, without any legal recourse to contest that responsibility,\u201d Skandalakis wrote. That denies them due process under both the U.S. and Georgia constitutions, he argued.<\/p>\n A spokesperson for Willis declined to comment on Skandalakis’ filing. Willis had previously asked the judge to allow her to be heard on the matter of any claims for fees and costs filed in the case.<\/p>\n Steve Sadow, Trump\u2019s lead attorney in Georgia, said in an e-mailed statement that the law is constitutional and \u201cMr. Skandalakis\u2019 contentions are simply wrong.\u201d<\/p>\n Due process requires notice and an opportunity to be heard, but the new law \u201ctreats the county government as a non-party entity subject to a money judgment it has no ability to contest,\u201d Skandalakis wrote.<\/p>\n He also pointed out that the new law requires that the prosecutor be disqualified \u201cdue to improper conduct” and argues that there has been no finding of improper conduct in this case. Rather, the appeals court found an appearance of improper conduct. Therefore, to award Trump and others their legal costs, the judge \u201cmust find an appearance is the same as a completed act.\u201d<\/p>\n Skandalakis also notes that the law doesn’t define a reasonable hourly rate for an attorney. The hourly rates paid to attorneys who step in when a district attorney or the state attorney general has a conflict are $66.57 and $125, respectively, Skandalakis wrote. Those rates are far below what some of the defense lawyers in the election case charged, but \u201cthey should be considered as part of what is reasonable,\u201d Skandalakis wrote.<\/p>\n Defense attorneys sought Willis\u2019 removal after one of them revealed in January 2024 that Willis had engaged in a romantic relationship with Nathan Wade, the special prosecutor<\/a> she had hired to lead the case. The defense attorneys said the relationship created a conflict of interest.<\/p>\n The trial judge, Fulton County Superior Court Judge Scott McAfee, rebuked Willis, saying in an order in March 2024 that her actions showed a \u201ctremendous lapse in judgment.\u201d But he did not find a conflict of interest that would disqualify Willis. He ultimately ruled<\/a> that Willis could remain on the case if Wade resigned, which the special prosecutor did<\/a> hours later. <\/p>\n Defense attorneys appealed that ruling, and the Georgia Court of Appeals removed Willis from the case<\/a> in December 2024, citing an \u201cappearance of impropriety.\u201d The Georgia Supreme Court in September declined to hear Willis\u2019 appeal<\/a>.<\/p>\n<\/div>\n