Help Reform Georgia’s Asset Forfeiture Laws

Unsurprisingly, Howard Sills, President of the Georgia Sheriff’s Association and Putnam County (GA) Sheriff, has voiced opposition to House Bill 1, the Georgia Uniform Civil Forfeiture Procedure Act. The civil forfeiture reform proposal, introduced by Representative Wendell K. Willard, Chairman of Georgia’s House Judiciary Committee, and co-sponsored by Representative Stacey Abrams, House Minority Leader for the Georgia General Assembly, and Representative Edward Lindsey,  House Majority Whip for the Georgia General Assembly, would overhaul Georgia’s forfeiture procedures by

1. elevating the state’s burden of proof to a showing of “clear and convincing evidence that seized property is subject to forfeiture”;
2. denying law enforcement agencies access to civil forfeiture proceeds when agencies misuse “property derived or resulting from civil forfeiture actions” as well as deny access to forfeiture proceeds where agencies fail to submit and make public (through the Carl Vinson Institute of Government) annual reports ”specifying the property received during the fiscal year and clearly identifying the use of such property, including the specifics of all monetary expenditures”;
3. requiring that Georgia law enforcement receiving federal forfeiture proceeds comply with Georgia’s proposed accountability restrictions;
4. capping forfeiture proceeds paid to district attorneys’ offices at 10% of forfeiture proceeds and limit applicable usage of such payments to the offices’ “trial expenses, victim-witness services, training expenses, travel expenses, and maintenance or improvement of equipment”; and
5. clarifying and simplifying forfeiture laws in Georgia through a comprehensive re-write–including eliminating obsolete and conflicting code.

Sheriff Howard Sills is asking constituents to write to their local legislators in opposition to the reforms. While I respectfully disagree with Sheriff Sills on his stance concerning forfeiture laws, I do share his apparent respect for the democratic process. Prior to voting, legislators should be informed of why the laws need changing in Georgia–particularly if they are going to be besieged by a parade of horribles from law enforcement lobbying. So, if you have experienced or know of asset forfeiture abuse in Georgia, or have clients who might be willing to testify for Georgia’s Assembly about their personal experiences with forfeiture, please consider contacting Georgia’s legislators and/or contacting me to help get the information before those who will ultimately decide whether to reform Georgia’s forfeiture laws. I may be reached at scott (at) forfeiturereform (dot) com.

The Institute for Justice has evaluated Georgia’s asset forfeiture laws as being among the worst in the United States:

These broad laws have led officials to abuse forfeiture—including for personal gain.  One sheriff in Georgia, for instance, used the funds raised through forfeiture to purchase a $90,000 sports car, supposedly to advertise an anti-drug program.  In 2008, a grand jury was tasked with trying to figure out if that expenditure was “appropriate.”[1]

1 The Sheriff’s Stash. (2008, July 12). The Economist, 388(8588), p. 42.

Retrieved from http://www.ij.org/asset-forfeiture-report-georgia