Title 15 — Courts

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…

Any assistant prosecuting attorney or other attorney at law employed by the municipality for the purposes of prosecuting in the municipal court shall be a member in good standing of the State Bar of Georgia or satisfy the provisions of Code Section 15-18-22. (Code 1981, § 15-18-9…

Those who are admitted to practice in the superior courts may practice in any court of this state other than the Supreme Court and the Court of Appeals, for each of which another and special license shall be obtained. (Orig. Code 1863, § 362; Code 1868, § 423; Code 1873, § 388; C…

Unless otherwise stipulated, one-half of the fee in any case is a retainer and is due at any time unless the attorney, without sufficient cause, abandons the case before rendering service to that value. In cases where he has rendered such service but cannot render the balance of …

In claim cases, the attorney causing the levy and prosecuting the rights of the plaintiff in execution shall be entitled to his fees from the proceeds of the property condemned although the holders of older liens may demand and recover the proceeds from the immediate client of th…

(a) Attorneys at law shall have a lien on all papers and money of their clients in their possession for services rendered to them. They may retain the papers until the claims are satisfied and may apply the money to the satisfaction of the claims. (b) Upon actions, judgments, and…

Liens of attorneys at law in possession of personal property under a lien for fees shall be satisfied according to Code Section 44-14-550. (Ga. L. 1873, p. 42, § 17; Code 1873, § 1992; Ga. L. 1880-81, p. 63, § 4; Code 1882, § 1992; Civil Code 1895, § 2818; Civil Code 1910, § 3368…

Where attorneys retain in their hands the money of their clients after it has been demanded, they are liable to rule and otherwise as sheriffs are and incur the same penalties and consequences. (Laws 1822, Cobb’s 1851 Digest, p. 578; Code 1863, § 381; Code 1868, § 442; Code 1873,…

Rules governing board of examiners; amount and disposition of examination fees. Rules governing examinations; time and place thereof. Duties of attorneys. Authority of attorney to bind client. Handling client’s funds. Proof of authority. Relief from acts of unauthorized attorney.…

(a) The Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take an examination and as to the time, manner, and places of holding examinations for admission to the bar of this state and are specifically authorized to provid…

In recognition of the fact that attorneys are officers of the courts of this state; that they have the exclusive right to practice law and represent members of the public in connection with their legal affairs; that they are charged with important responsibilities in connection w…

The rules and regulations governing the unified state bar shall provide that before a final order of any nature or any judgment of disbarment is entered the attorney involved may elect to have any material issues of fact determined by a jury in the superior court of the county of…

15-19-34. Amendment of rules. Article 3 Regulation of Practice of Law 15-19-50. ‘‘Practice of law’’ defined. 15-19-51. Unauthorized practice of law forbidden. 15-19-52. Lawful acts by parties involved; banking advice; legal instruments; title papers. 15-19-53. Examination and abs…

Rules and regulations of the State Bar of Georgia may be amended upon recommendation of the State Bar of Georgia under such rules and procedures as shall be prescribed by the Supreme Court. (Ga. L. 1963, p. 70, § 5.)

It is the duty of attorneys at law: (1) To maintain the respect due to courts of justice and judicial officers; (2) To employ, for the purpose of maintaining the causes confided to them, such means only as are consistent with truth and never to seek to mislead the judges or jurie…

Attorneys have authority to bind their clients in any action or proceeding by any agreement in relation to the cause, made in writing, and by signing judgments, entering appeals, and entering such matters, when permissible, on the dockets of the court. Attorneys who are otherwise…

(a) It shall be unlawful for any person other than a duly licensed attorney at law: (1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body; (2) To make it a business to practice as an attorney at la…

Nothing contained in this article shall be construed to prevent a person, corporation, or voluntary association from furnishing to any person lawfully engaged in the practice of law such information or clerical services in and about his professional work as would be lawful except…

It shall be unlawful for any person, corporation, or voluntary association to solicit legal employment on behalf of any attorney, firm, corporation, or organization where the attorney, firm, corporation, or organization would not himself or itself be authorized to engage in such …

(a) Any person, corporation, or voluntary association violating Code Section 15-19-51, 15-19-53, 15-19-54, or 15-19-55 shall be guilty of a misdemeanor. (b) Every officer, trustee, director, agent, or employee of a corporation or voluntary association who directly or indirectly e…

The State Bar of Georgia, the Judicial Council of the State of Georgia, and all organized bar associations of this state are each authorized to inquire into and investigate: (1) Any charges or complaints of unauthorized or unlawful practice of law; 432 15-19-57 (2) Reserved; (3) …

15-19-59. Authorized actions by brokers, associates, and salepersons. 15-19-60. Consumer action for damages for violations. 15-19-30. Establishment of unified state bar authorized.

Without special authority, attorneys cannot receive anything in discharge of a client’s claim but the full amount in cash. (Orig. Code 1863, § 383; Code 1868, § 444; Code 1873, § 409; Code 1882, § 409; Civil Code 1895, § 4418; Civil Code 1910, § 4956; Code 1933, § 9-606.) 379 15-…

Any consumer who is a party to a one-to-four family residential real estate transaction or a consumer debtor or a trustee of a consumer debtor in a bankruptcy case that involves a one-to-four family residential real property who is damaged by a violation of this article or a viol…