BEFORE THE PROSECUTING ATTORNEYS: ‘QUALIFICATIONS COMMISSION, ‘STATE OF GEORGIA ‘VERIFIED COMPLAINT FULTON COUNTY DISTRICT ATTORNEY, FANLT, WILLIS 1, Holly Kesler, Complainant, hereby petitions the Prosecuting Attorneys’ Qualifications Commission of the State of Georgia (hereafter the “commission”) to investigate, discipline and/or remove Fulton County District Attorney Fani T. Willis (hereafter “Respondent” or “Wills"), and in support thereof shows: ‘Summary and Background ‘The Constitution of Georgia allows for the discipline, removal, or involuntary retirement of any distrit attorneys “as provided by general law.” Ga. Const. of 1983 Art. 1Y, § VIIL Para I Consequently, this complaint is fled under Ga. Code Ann. § 15.186, et sea. amended (the “Act"). According to recent public filings % Fani Wills, the dst attorney for Fulhon County, Georgia, improperly conducted a “clandestine” and romantic relationship with Nathan J, Wade, (hereafter *Wade") to lead the ditt attomey’s investigation into former President Donald J, Trump and eighteen co- dlefendans into alleged RICO and election lw violations, On February 15,202, both Willis and Wade admitted to the romantic relationship in swom testimony and while "Se Doan Mtl Rms Motion Diss Felony ndetent No. C1807, The Super Coat of aon County, State of Gorgon fanny 210 tae hero a AB 1 See Defendant cel Homa Init py oh Su Response ot. Roma's Motion Diss an Dig the itet Aten No SCI, The Sper Cot of Fan Cou Sate of Corgi ld on ‘ebay 20h tach herd Bet? "Siecle chee Homer Supple Reply tothe tts Response Mt Rona Motion o Dismiss and Dione Distt Ate, No. 2BSCH97 in The paar Cou Fllon Coty, Salo Geog, a on ‘ebony, Anata het Bet 1 | VERURED COMPLAINT: FULTON COUNTY DISTRICT ATTORNEY, FANT. WILLSunder oath, which broadcast for public viewing, bringing great discredit to Fulton County and the tat of Georgia On oF about November 1, 221, Respondent Wilis commenced, and caused Respondent Wade to commence, grand jury proceedings to indict former United States President Donald J. Trump alongside eighteen co-defendants for alleged election interference, among other violations of Georgia law. On that same day, November 1, 2021, Willis entered into a Professional Services Agreement between the Fulton County District Attomey’s Office and Wade which has been reauthorized and/or extended to present During Wades contractual relationship with Fulton County, Willis personaly benefited from such payments with gifts of travel and/or gifts received in-kind with Wade, who a vendor secking to conduct business with Fulton County, i defined in the Fulton County Coe of this as prohitited source. In doings, Wills appears to have violated state states and the State Bar Ras of Profesional Conduct ofthe Sate of Georgia, Furthermore, any personal benefit from gifts of travel and/or git received irkind by Wills because of her oficial poition violates the Constitution of Georgia in that “dire atomeys shal reeive such compensation and allowances as provided by law and shall be enti o receive such lca supplements to thelr compensation and allowances as may be provided by law" Ga, Const of 983 Art 1V, 8 Vl Fara. HAS ‘a result, taxpayer funds approved by Willis for payment to Wade for which she received Se Pano rvs Apcment tren he uo Cunt Dit Atomic and Nathan Wade, PC ‘tach eto Et 2 | VERIIED COMPLAINT: FULTON COUNTY DISTRICT ATTORNEY, PANT. WILLS2 financial benef is an lawl supplement o her ofl compensation, to which no such local supplements or allowances ae allowed by lw. Willis undertook the underlying proceedings to weaponize the cout system to criminalize protected speech and activities by the former president and his alleged co- conspirators and/or alleged accomplices. During her activities germane to her offi role in thove proceedings, Willis committed statutory and ethics violations as set out in detail herein, As a resilt of the cumulative effect ofthese violations, Willis should be investigated to determine the veracity of these allegations, disciplined, and removed from office under the authority ofthe commission. ‘The Prosecuting Attorneys’ Qualifications Commission ‘A. The Commission has legal authority o accept complaints while rules are finalized andor the statutory authority is amended. 4. The Act formed the instant Commission to receive complains on or after (October, 20235 The Commission itself commenced on uly 1,202. 2 Ava prelatory matter under revised Georgia Annotated Code Section 15- 18:2(g) as amended the Commission shall promulgate standards and rules which shall become effective only upon review and approval by the Georgia Supreme Court (Supreme Court), Ox November 2, 2023, the Supreme Court defined to conduct the review and approval proces citing doubts about it conatitutionel power odo so? This curently leaves the Commission’s standards and roles pending until an appropriate a Cae Ana 15185099 20) Ga Cae Ann 15182) 2) + Mater No S203 Ine Potatng tory Qafedons Common Rul nd Coder fConda, ‘Spree Court Gar), tach eno a ht 2 | VERURED COMPLAINT FULTON COUNTY DISTRICE ATTORNEY, FANT. WILLSamendment of the Act by the legblature, which is pending, Nevertheless, the Commission was etalished by law to go into effect as of October 1, 2025, and is authorized to receive complaints on or after that date. As intended, the commission will serve asa valuable ovetsght mechanism for theofialactivites of District Atlorneys in the State of Georgia, ensuring that constitutional and statutory duties have not been neglected, abused, o lated. 3. Complairantsespectfll submitsthat, under Cod Section 15-18-3(n) the instant complaint may be brought because the misconduct in office as occurred after the effective date ofthis Code Section and i continuing today, even though some ofthe conuuc ocurred before that date. The Commission may therefore properly receive this complaint? B. Grounds orDisciptine 4. Gonerlly, according, to Code Section 15-1832(0)? Wills may be disciplined for violating the following provisions: 1 CedeSection 15:18:3(4)@)- Willful Misconduct in Office: b. Code Section 1518.32(H\6) - Conduct Prejudicial tothe Adminitton of Js which ings the fic in dept, & Code Section 15-18:32(8)(7) - Knowingly authorizing or permitting, ‘an assistant district attorney .... to commit any act constituting, ‘grounds for removal under paragraphs (1) through (6) of this subsection. ‘Code Ana 15-1852) a9) Gi Cae A 1518520) 01) (| ViRUFED COMILAINT: FULTON COUNTY DISTRICT ATTORNEY, FANIT, WILLS5. Specifically, Wills has violated the foregoing subparts of subsection 15-18- 2h) inthe following garticulars that are evidence of wilful misconduct in office, coneuet prejudicial to the administration of justice which brings the Fulton County District Attorney's offic into disrepute, and knowing authorizing or permitting, Wade {odo the same. a Abuse of Power 6 In 202, the Association County Commissioners of Georgia (ACCC) issued ts circular titled “Abuse of Office, Conflicts of Interest, and Ethical Standards Although the circular is primarily directed at county commissioners, the document 1makes clear that it applies to any public oficial, That document states, among other ‘things, the following: “As public seroants, commissioners are charged with the duty of tending fo the business oftheir citizens and ce an obligation of oy tothe publica they perform their ‘duties. They are required to exercise Ur discretion and judgment free from the taint of selfinerest bias, and undisclosed conflict of interest.” 1. Ultra Vires Acts 7. Under the heading,” Abuse of Office” the circular states that “[criminal offenses, conduct beyond one's legal power or authority (lta vires acs). are all abuses of power.” Under the subheading “Ultra Vires Acts” the document state, “A [publec servant] should not assume he or she has the legal authority to acton a matter unless there is.a law that prohibits such action. Rather, ‘ Abaf Of, Cn of ere a Tio Sdn, Anion of Canty Camino of Gang (212, ‘icon a ha{public savant should assume the opposite - unless there aw that ‘authorizesan acti is beyond the authority ofa fpubli seronnt}.” 8 & On November 1, 2021, Wills entered into a Profesional Services “Aggcement between th Flton County District Attorney's Office Wilisreauthorized and rcentered into subsequent Profesional Sorvices Agreements with Wade on November 15,202, an June 12, 202838 9. Asevidenced by an affidavithy Wade, Wis had entered into Professional Services Agreements with Wade while also being engaged in @ romantic personal relationship resulting aan unlawful supplement to her ffl compensation in the frm of travel and gits-n-knd.# Adationally by ue ofthe authority of her ffl position for obligation and approval of taxpayer funds to which Willis recelved an unlawful supplement without the Fulton County Commissioner’ Boards knowledge and consent ar therefore la vires and of no legal fore and effect. Accondngly, a an lira vires act, the unlawful supplement to her compensation constitutes an abuse of her office and of her power asthe distri ttomey of Fulton County, an elected official 2 Criminal Offenses 10, Underthe subheading “criminal offenses” the document then ists offenses such as conspiracy to defraud, unprofessional conduct, and violation of oath of office as 1S Penal Serle Apeoent etre the Fan County Date Aortic and Nathan Wade, ‘ned et tN oi "Sam Alsi of Nalin Wade Febru 1204 tach eto Bebe 6 | VnUFIED CONPLATYT: FULTON COUNTY DISTRICT ATTORNEY, PANIT, WILLIS