Title 15 — Courts

The district attorney is the successor to the office of solicitor-general as it existed prior to July 1, 1977. (Code 1933, § 24-2904, enacted by Ga. L. 1977, p. 1257, § 1.) Editor’s notes. — Ga. L. 1970, p. 938, designates the District Attorneys Association of Georgia as the appr…

The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the Prosecuting Attorneys’ Council of the State of Georgia out of such funds as may be appropriated f…

(a)(1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint: (A) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district …

(a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his or her official duties in the preparation of cases for indictment or trial. Subje…

(a) Subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be n…

(a) Each district attorney is authorized to employ such administrative, clerical, and paraprofessional personnel as may be authorized by the Prosecuting Attorneys’ Council of the State of Georgia based on 327 15-18-17 funds appropriated by the General Assembly or otherwise availa…

Reserved. Repealed by Ga. L. 2008, p. 577, § 9/SB 396, effective July 1, 2008. Editor’s notes. — This Code section was based on Ga. L. 1975, p. 1506, § 3; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 15; Ga. L. 1997, p. 1319, § 11. 15-18-19. State paid personnel; salary sche…

(a) All state paid personnel employed by the district attorneys pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service as defined by…

The district attorney shall take the following oath: ‘‘I do swear that I will faithfully and impartially and without fear, favor, or affection discharge my duties as district attorney and will take only my lawful compensation. So help me God.’’ (Orig. Code 1863, § 347; Code 1868,…

(a) The district attorney in each judicial circuit may employ such additional assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or indepe…

Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Prosecuting Attorneys’ Council of the State of Georgia to pr…

(a) Any assistant district attorney, deputy district attorney, or other attorney at law employed by the district attorney who is compensated in whole or in part by state funds shall not engage in the private practice of law. (b) Any assistant district attorney, deputy district at…

15-18-24. Liability of district attorney; failure to comply as ground for impeachment. 15-18-25. Fine for failure to attend courts. 15-18-26. Taking money or thing of value in exchange for official actions; ground for impeachment. 15-18-27. Allegation of indictable offense commit…

If a district attorney fails to attend on the courts of his circuit as required, without just cause, he is liable to be fined $50.00 for each failure, to be retained out of his salary. (Orig. Code 1863, § 353; Code 1868, § 414; Code 1873, § 379; Code 1882, § 379; Civil Code 1895,…

(a) Notwithstanding any other provisions of law to the contrary, each personnel position in the office of a district attorney, which position exists or was created or authorized on or after April 11, 1990, whether pursuant to the provisions of Code Section 15-18-14, 15-18-14.1, o…

(a) There is created the honorary office of district attorney emeritus of the State of Georgia. Any district attorney of this state who retires under honorable conditions after having served as a prosecuting attorney for 20 or more years shall automatically hold the honorary offi…

To be eligible to fill the office of district attorney, a person must: (1) Have been a resident citizen of this state three years just preceding his election or appointment; 299 15-18-3 (2) Permanently reside in the circuit at the time of his election or appointment; (3) Have att…

(a) As used in this Code section, ‘‘retired prosecuting attorney’’ means a retired district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or retired attorney from the staff of the Department of Law or the Prosecuting Attorneys’ Council of …

When a prosecuting attorney determines that prosecution of a traffic offense, or municipal ordinance involving a traffic offense, is or is not warranted, and regardless of whether a court order is entered for such offense or a referral is made to a pretrial intervention, pretrial…

(a) Any district attorney who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, primary or general, which may be held to elect a successor for the next term of office, and may qualify in absentia as a candi…

(a) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. (b) The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its busine…

Notwithstanding any other provision of law, no councilmember shall be ineligible to hold the office of district attorney, solicitor-general, district attorney emeritus, or solicitor-general emeritus by virtue of his or her position as a member of the council. (Ga. L. 1975, p. 162…

(a) The Prosecuting Attorneys’ Council of the State of Georgia: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the ex…

Anything in this article to the contrary notwithstanding, the Prosecuting Attorneys’ Council of the State of Georgia may not exercise any power, undertake any duty, or perform any function assigned by law to the Governor of this state, the Attorney General, any district attorney,…

Attorneys and investigators employed by the council shall meet the same qualifications as those provided by Code Section 15-18-21 for attorneys and investigators employed by district attorneys. Such attorneys and investigators shall take and subscribe to an oath similar to the oa…

The duties of the district attorneys within their respective circuits are: (1) To attend each session of the superior courts unless excused by the judge thereof and to remain until the business of the state is disposed of; (2) To attend on the grand juries, advise them in relatio…

(a) The district attorney shall be responsible for representing the state in any appeal from the juvenile court. Except as provided in subsection (c) of this Code section, the district attorney shall be responsible for representing the state in the prosecution of delinquency case…

In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the solicitor-general shall take and subscribe to the following oath: ‘‘I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my d…

Except as provided in subsection (c) of Code Section 15-18-60, each solicitor-general of the state court must: (1) Upon taking office, permanently reside within the judicial circuit containing the geographic area in which such person shall serve; (2) Be at least 25 years of age; …

(a) The solicitor-general and employees of any such solicitor-general shall be entitled to a leave of absence from court to participate in continuing education programs as provided in Code Section 15-1-11 and Article 2 of this chapter. (b)(1) Any solicitor-general of a state cour…

(a) When a solicitor-general’s office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney Genera…

(a) The duties of the solicitors-general within their respective counties are: (1) To attend each session of the state court when criminal cases are to be heard unless excused by the judge thereof and to remain until the business of the state is disposed of; 350 15-18-66 (2) To a…

(a) Solicitors-general of state courts shall be compensated from county funds as provided by local law. (b) The county governing authority is authorized to supplement the minimum compensation to be paid to the solicitor-general of the state court of that county as provided by loc…

Unless otherwise provided by law, the solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance of their official duties in the same manner and rate as other county employees. (…

The bill of costs or filing fees of any appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by the solicitor-general shall be paid by the state as provided in Code Section 15-18-13. (Code 1981, § 15-18-69, enacted by Ga. L. 1996, p. 7…

(a) In any solicitor-general’s office in which the solicitor-general is authorized to employ two or more assistant solicitors-general, the 353 15-18-70 solicitor-general may designate in writing an assistant solicitor-general as the chief assistant solicitor-general. In addition …

(a) The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, parapro355 15-18-72 fessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as m…

(a) Except as provided in Code Section 35-9-15, relating to cross designation of law enforcement officers and prosecuting attorneys, any assistant solicitor-general, or other attorney at law employed by the solicitor-general shall be a member in good standing of the State Bar of …

(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court th…

The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case i…

Court costs. Definition. Article 3 Article 5 Solicitors-General of State Courts Prosecuting Attorneys of Municipal Courts 15-18-60. 15-18-61. 15-18-62. 15-18-63. 15-18-64. 15-18-65. 15-18-66. 15-18-67. 15-18-68. 15-18-69. 15-18-70. Establishment of solicitorgeneral; term; vacanci…

The district attorney has authority, on the terms prescribed by law, to enter a nolle prosequi on indictments. (Orig. Code 1863, § 354; Code 1868, § 415; Code 1873, § 380; Code 1882, § 380; Penal Code 1895, § 801; Penal Code 1910, § 801; Code 1933, § 24-2915.)

The provisions of this article shall apply to a municipality authorized by the provisions of Article 1 of Chapter 32 of Title 36 to establish and maintain a municipal court, including a municipality for which a county is furnishing municipal court services pursuant to a contract …

(a) Any person appointed as the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state. 360 15-18-94 (b) Notwithstanding the provisions of subsection (a) of Code S…

In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a municipal court shall take and subscribe to the following oath: ‘‘I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or …

(a) Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a full-time or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a municipal court and an…

If the prosecuting attorney of a municipal court is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the governing authority shall provide for the appointment of a substitute prosecu…

(a) The prosecuting attorney of a municipal court shall have the duty and authority to represent the municipality: (1) In the municipal court: (A) In the prosecution of any violation of the laws or ordinances of such municipality which is within the jurisdiction of such municipal…

The prosecuting attorney of a municipal court shall be compensated by the municipality as provided by local law or, in the absence of such local law, as provided by the governing authority of such municipality. The prosecuting attorney of a municipal court shall be entitled to be…

The prosecuting attorney of a municipal court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the municipality. The prosecuting atto…