Fulton County Commissioners Say Fani Willis Is Subject to Oversight From Local Ethics Board

The clarification paves the way for the local ethics board to hear complaints against the Fulton County district attorney.

Fulton County District Attorney Fani Willis at the Fulton County Courthouse in Atlanta, Ga., on March 1, 2024. Alex Slitz/Pool/AFP via Getty Images

Fulton County Commissioners clarified this week that elected officials receiving county funds are considered employees of the county, setting the stage for ethics complaints to be heard against embattled District Attorney Fani Willis.

In a 4–2 vote with one person abstaining on April 17, the commissioners appeared to open the door for the Fulton County Ethics Board to hear complaints against Ms. Willis, whose office is funded in part by taxpayer dollars.

Previously, the ethics board dismissed two ethics complaints against Ms. Willis, saying she was a state officer and the county had no jurisdiction over her.

However, a complaint filed by Holly Kesler, Georgia state director for Citizens Defending Freedom, remains pending before the ethics board.

Ms. Willis has been in the spotlight since charging former President Donald Trump and 18 co-defendants with racketeering and criminal conspiracy charges for their actions challenging the 2020 presidential election results. Four of them have since pleaded guilty.

On Jan. 8, an attorney for co-defendant Michael Roman filed a motion accusing Ms. Willis of being involved in an “improper” relationship with attorney Nathan Wade, whom she hired as a special prosecutor in the racketeering case.

The motion alleged Mr. Wade took Ms. Willis on “lavish” vacations to Florida, California, and the Caribbean and that she financially benefited from the arrangement.

Ms. Willis and Mr. Wade denied any wrongdoing.

However, after a March 15 hearing on the allegations, Superior Court Judge Scott McAfee ruled that both prosecutors could not remain on the case. Mr. Wade resigned shortly afterward.

Local Complaints

Commissioner Bob Ellis said during the meeting that the county’s ethics law needed to be amended because of a “lack of clarity” related to recent ethics board rulings.

Two previous complaints that were dismissed were filed by Fulton County residents Steven Kramer and Gregory Mantell. They began independently investigating the district attorney’s finances after allegations of misconduct were made public.

Ms. Kesler, who spoke before commissioners on April 10, submitted a letter to the commissioners asserting the county has every right to oversee how county taxpayer money is spent.

The Board of Commissioners appoints and has oversight of the Fulton County Board of Ethics, which is responsible for protecting taxpayer funds from “conflicts of interest, self-dealing, and transactions that give the appearance of impropriety,” she wrote.

(L–R) Fulton County District Attorney Fani Willis, prosecutor Daysha Young, attorney Andrew Evans and Nathan Wade listen during a hearing on the Georgia election interference case in Atlanta on March, 1, 2024. Alex Slitz/Pool/AFP via Getty Images

Ms. Kesler argued that the district attorney herself submitted ethics disclosure forms to the county ethics board, indicating an acknowledgment of oversight.

County ethics rules bar the county from entering into any contract involving services or property with an officer or employee or with a person or business in which an officer or employee has an interest, she said.

“The public record has been clear on the DA’s relationship with a prohibited source vendor, Mr. Nathan Wade. To date, Wade has earned more than $650,000 from 2021 to 2023,” Ms. Kesler’s letter stated.

Ms. Kesler submitted an ethics complaint against Ms. Willis on March 26 based on contracts with Mr. Wade but has yet to receive a hearing date from the ethics board.

During the April 17 commissioner meeting, County Attorney Soo Jo said the clarification would be applied “prospectively,” meaning from the point of enactment forward.

Conflict of Interest

Jonathan Hullihan, an attorney for Citizens Defending Freedom in Texas, told The Epoch Times the commission clarified a definition, not the date of any alleged offenses.

“The language changes, but the belief that they always had jurisdiction remains the same,” Mr. Hullihan said.

“Their jurisdiction is over the taxpayer money and oversight of funds. So, of course, that is going to encompass people operating in Fulton County whether or not they claim they’re a state constitutional officer or not,” he said.

Ms. Kesler said she believed it was inappropriate and a conflict of interest for Ms. Willis to hire Mr. Wade.

Her complaint alleged Ms. Willis knew or should have known that “her conduct was unethical and unlawful” as an attorney who prosecutes crimes involving public corruption.

“Ms. Willis violated the public’s trust by contracting and accepting gifts and favors from a prohibited source, Nathan Wade … while failing to disclose a romantic relationship,” the complaint alleged.

“I hope and pray people will start doing the right thing and hold our elected officials accountable,” she told The Epoch Times.

Ms. Willis’ office did not respond to a request for comment before press time.