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30 Berkeley J. Crim. L. 208 (2025)

handle is hein.journals/bjcl30 and id is 1 raw text is: Introduction: Prosecutorial Discretion Symposium Rachel Marshall* Prosecutorial discretion has been under unprecedented attack around the country. In recent years, we have seen new efforts to undermine the role of prosecutors in making decisions in accordance with what is best for their communities. This has looked different in various parts of the country. In some states, like Georgia, we have seen laws passed that allow a commission to remove prosecutors based on how they exercise their prosecutorial discretion.1 In states like Florida, we have seen a governor interfere with the will of local voters by suspending their duly-elected prosecutors based on his disagreement with the prosecutors' reform-minded approaches.2 In states like Pennsylvania, we have seen legislatures attempt to impeach the leading reform prosecutor- even after he was overwhelmingly reelected.3 And right here in California, we have seen repeated, heavily-funded recalls targeting reform-minded prosecutors by spreading misinformation and fear.4 All of these efforts may look different, but they come from the same playbook. These attempts to constrain or even remove prosecutors not only threaten criminal justice reform and progress-but also undermine local democracy. The attacks on prosecutorial independence use different strategies in different states. In California, it's recalls. In Georgia, it's a commission. In Pennsylvania, it's impeachment. In Florida, it's the governor. And there are new strategies emerging frequently: In Utah, the legislature specifically targeted District Attorney Sim Gill, a Democrat in a very red state. The state passed a bill that audits every fifteen minutes of prosecutorial staff's time, but it only DOI: https:/doi.org/10.15779/Z38WM13W5Q Copyright © 2025 Regents of the University of California. * Rachel Marshall is the Executive Director of the Institute for Innovation in Prosecution (IIP) at John Jay College. 1. S.B. 92, 157th Gen Assemb., Reg. Sess. (Ga. 2023); 2023 Ga. Laws 718, § 2, at 720 (effective May 5, 2023) [hereinafter Ga. Senate Bill 92]. 2. Fla. Exec. Order No. 22-176 (Aug. 4, 2022) (suspending State Attorney Andrew Warren); Fla. Exec. Order No. 23-160 (Aug. 9, 2023) (suspending State Attorney Monique Worrell). 3. H.R. 240 (Nov. 16, 2022) (impeaching Philadelphia District Attorney Larry Krasner). 4. San Francisco Proposition H (June 7, 2022) (recalling District Attorney Chesa Boudin); Alameda County, General Election - Certified Final Results (Nov. 5, 2024) (recalling District Attorney Pamela Price). 208