Title 15 — Courts

(a) The fee system of compensating the sheriffs of the various counties in this state or the fee system supplemented by a salary is abolished. No sheriff shall receive as any portion of his compensation 271 15-16-19 for his services as such any fees, fines, forfeitures, costs, co…

A surety for any tax collector or other holder of public money is ineligible for the office of sheriff until all moneys for which he is bound have been paid to the proper authority. (Laws 1814, Cobb’s 1851 Digest, p. 1060; Code 1863, § 321; Code 1868, § 382; Code 1873, § 346; Cod…

(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census;…

In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder’s court under any applicable general or local law of this sta…

(a) Reserved. (b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy .......................................................... $ 50.00 (2) Action from another county, to be paid in adv…

For serving any process, summons, or notice in a county other than the county of his residence, a sheriff shall charge 10¢ per mile for each mile traveled outside the county of his residence, whether the service is made by the sheriff or by a deputy. The fees shall be taxed as a …

Sheriffs are authorized in their discretion to appoint one or more deputies. Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon 283 15-16-23 the faithful accounting for all public and other funds or…

Sheriffs are liable for the misconduct of their jailers as they are liable for their deputies; and persons injured by a jailer have the same option in bringing an action on the jailer’s bond that they have in bringing an action on the deputy’s bond, provided that the sheriff shal…

Where sheriffs hire property out after it has been levied upon, they are liable to the proper party for the hire received. (Orig. Code 1863, § 339; Code 1868, § 400; Ga. L. 1871-72, p. 51, § 1; Code 1873, § 365; Code 1882, § 365; Civil Code 1895, § 4385; Civil Code 1910, § 4919; …

Mileage fees for service outside county. Appointment of deputy sheriffs; bond. Liability for misconduct of jailers. Liability for hire received. Investigation of charges against sheriff; suspension; additional investigations; assumption of sheriff ’s duties; indictment for felony…

(a) Intent. The General Assembly declares it to be the purpose of this Code section to promote the orderly transfer of the law enforcement power of the several counties of this state in connection with the expiration of the term of office of the sheriff and the taking of office o…

Before entering on the duties of their office the sheriffs shall take and subscribe, in addition to the oath required of all civil officers, the following oath before the judge of the superior court or the judge of the probate court: ‘‘I do swear that I will faithfully execute al…

Without limiting the generality of the oath set out in Code Section 15-16-4, it shall be a violation of a sheriff’s oath of office for any sheriff to engage either directly or indirectly in a private security, private investigation, bail bonding, or wrecker towing business in the…

(a) There is created the honorary office of sheriff emeritus of the State of Georgia. Any sheriff of any county of this state who retires under honorable conditions after having attained the age of 75 years and after having served as sheriff for 45 or more years shall automatical…

The sheriffs shall give a bond in the sum of $25,000.00, which amount may be increased in any county by local Act, conditioned for the faithful 253 15-16-5 accounting for all public and other funds or property coming into the sheriffs’ or their deputies’ custody, control, care, o…

This article shall be known and may be cited as the ‘‘Sheriff Offices’ Nomenclature Act of 1997.’’ (Code 1981, § 15-16-50, enacted by Ga. L. 1997, p. 1496, § 1.) 15-16-51. Use of sheriff’s office name.

It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any sheriff’s office or with a membe…

As used in this article, the term: (1) ‘‘Badge’’ means any official badge used in the past or present by members of any sheriff’s office. (2) ‘‘Emblem’’ means any official patch or other emblem worn currently or formerly or used by the sheriff’s office to identify the office or i…

Whoever, except with the express written permission of the sheriff, knowingly uses words pertaining to such sheriff’s office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, book, pamphlet, or other public…

Any person wishing permission to use either sheriff’s office nomenclature or symbols may request such permission in writing to the chief deputy sheriff or other person designated by the sheriff. Within 15 calendar days after receipt of the request, the chief deputy sheriff shall …

Whenever there shall be an actual or threatened violation of Code Section 15-16-53 or 15-16-54, the sheriff shall have the right to apply to 294 15-16-59 the superior court of the county of residence of the violator for an injunction to restrain the violation. (Code 1981, § 15-16…

In addition to any other relief or sanction for a violation of Code Section 15-16-53 or 15-16-54, where the violation is willful, the sheriff shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful viol…

Any person who has given money or any other item of value to another person due in part to such person’s use of a sheriff’s office nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was …

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation sh…

(a) The bond given by the sheriff shall be approved by the judge of the probate court and then deposited in the office of the clerk of the superior court until the first session of that court thereafter, when the presiding judge shall examine the bond. If it has been taken in con…

When the sheriff’s bond has been approved by the judge of the probate court and before it is deposited in the clerk’s office, it shall be recorded in the office of the judge of the probate court and, after being passed upon by the judge of the superior court, it shall be returned…

Sheriffs must keep their offices at the same places and on the same terms as clerks of the superior court are required to do. (Orig. Code 1863, § 329; Code 1868, § 390; Code 1873, § 354; Code 1882, § 354; Civil Code 1895, § 4377; Civil Code 1910, § 4911; Code 1933, § 24-2810.)

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…