Title 15

(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…

(a) This Code section shall be known and may be cited as ‘‘The Law School Public Prosecutor Act of 1970.’’ (b) With the increasing docket in criminal matters, it is in the public interest to provide legal assistance to district attorneys and, in connection therewith, to utilize t…

The governing authority of the county or counties comprising each judicial circuit shall provide all offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the district attorney in an orderly an…

If a district attorney fails to comply with Code Section 15-18-6, he is liable to rule as are attorneys at law, with all the penalties and remedies applicable thereto. Failure to comply with the terms of a rule absolute within 20 days from the time it becomes final shall be a gro…

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,…

If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a ‘‘true bill’’ or ‘‘no bill’’ upo…

(a) When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused …

(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; (2) Permanently reside in the circuit at the time of his election or appointment; (3) Have attained the ag…

(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 person who has been appointed or elected district attorney of any circuit cannot be deprived of his office by the attachment of the county in which he resides to a different judicial circuit. In such a case, the district attorney shall continue to discharge the duties of his of…

(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) When a district attorney’s office is disqualified from interest or relationship to engage in a prosecution, the district attorney shall notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall: (1) Request the services…

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…

Whenever any criminal prosecution commenced by this state against any person for a violation of the laws of this state is removed to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code, it shall be the duty of the district attorney of the c…

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.)

(a) The Prosecuting Attorneys’ Council of the State of Georgia is established. (b) It shall be the purpose of the council to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state; such assistance may include: (1) The obtaini…

(a) The council shall be composed of nine members, six of whom shall be district attorneys and three of whom shall be solicitors or solicitors-general of courts of record. (b) The initial six district attorney members of the council shall be selected with two members being appoin…

(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…

(a) The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the district attorneys, solicitors-general, and other prosecuting attorneys of this state and th…

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…

(a)(1) Except as otherwise provided in this article, there shall be a solicitor-general of each state court who shall be elected for a four-year term and commissioned by the Governor as provided by law. This chapter shall not apply to a city court where the judges or solicitor is…

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 General Assembly by local law shall determine whether the solicitor-general shall be a full-time or part-time solicitor-general. (b) A full-time solicitor-general of the state court or any full-time employees of the solicitor-general shall not engage in the private practi…

(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; (2) To administer the…

(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 solicitor-general may designate in writing an assistant solicitor-general as the chief assistant solicitor-general. In addition to such assis…

(a) Upon the death or resignation of a solicitor-general, the chief assistant solicitor-general or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall perform the duties of the deceased or resigned solicitor-general u…

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

(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) Except as provided in subsection (b) of this Code section, the governing authority of the county shall provide all offices, utilities, equipment, telephone expenses, legal costs, transcripts, materials, and supplies as may be necessary for the solicitor-general to perform the…