GA Code § 15-18-14 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-14. Appointment of Assistant District Attorneys; Qualifications; Compensation

    Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint:   One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law;   Subject to the availability of funding and at the option of the Department of Human Services, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the "Child Support Recovery Act," Article 2 of Chapter 11 of Title 19, the "Uniform Reciprocal Enforcement of Support Act," and Article 3 of Chapter 11 of Title 19, the "Uniform Interstate Family Support Act." The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Services. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Services to the Prosecuting Attorneys' Council of the State of Georgia in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and   Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional assistant district attorneys, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.     Subject to the provisions of this Code section and 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 in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute, as directed by the district attorney, primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act." This assistant district attorney shall be designated as a "special drug prosecutor." Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (b) through (f) of this Code section and Code Section 15-18-19. In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Prosecuting Attorneys' Council of the State of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year.     Each attorney appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be established by the Prosecuting Attorneys' Council of the State of Georgia based on education, training, and experience, and in accordance with the provisions of Code Section 15-18-21 and subsection (c) of Code Section 15-18-19.   Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (e) of Code Section 15-18-19. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows:   Assistant district attorney I. Not less than $38,124.00 nor more than 65 percent of the compensation of the district attorney;   Assistant district attorney II. Not less than $40,884.00 nor more than 70 percent of the compensation of the district attorney;   Assistant district attorney III. Not less than $45,108.00 nor more than 80 percent of the compensation of the district attorney; and   Assistant district attorney IV. Not less than $52,176.00.     All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of Code Section 15-18-19.     All salary advancements shall be based on quality of work, education, and performance.   The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment.   Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class.     Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion.    (Code 1933, § 24-2919, enacted by Ga. L. 1977, p. 1257, § 8; Ga. L. 1979, p. 639, § 1; Ga. L. 1981, p. 711, §§ 1, 2; Ga. L. 1983, p. 3, § 12; Ga. L. 1983, p. 622, § 1; Ga. L. 1984, p. 22, § 15; Ga. L. 1984, p. 1182, § 1; Ga. L. 1986, p. 203, §§ 1, 2, 3; Ga. L. 1990, p. 8, § 15; Ga. L. 1990, p. 1235, § 1; Ga. L. 1991, p. 744, §§ 1, 2; Ga. L. 1992, p. 6, § 15; Ga. L. 1992, p. 1327, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 15; Ga. L. 1995, p. 394, § 2; Ga. L. 1996, p. 748, § 3; Ga. L. 1997, p. 1319, § 6; Ga. L. 1997, p. 1613, § 4; Ga. L. 1998, p. 270, § 3; Ga. L. 1999, p. 81, § 15; Ga. L. 1999, p. 365, § 2; Ga. L. 2000, p. 1521, § 1; Ga. L. 2006, p. 414, § 1/HB 268; Ga. L. 2008, p. 577, § 7/SB 396; Ga. L. 2009, p. 453, § 2-2/HB 228.)   Code Commission notes.   - Ga. L. 1999, p. 81, § 15, also amended this Code section. However, that amendment has been treated as superseded by Ga. L. 1999, p. 365, § 2.   Editor's notes.   - Ga. L. 1999, p. 365, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Special Drug Prosecutor Act.'"   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U.L. Rev. 80 (1998). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 56 (1999).   JUDICIAL DECISIONS    Cited in Hudson v. State, 248 Ga. 397, 283 S.E.2d 271 (1981); McClendon v. May, 37 F. Supp. 2d 1371 (S.D. Ga. 1999).   OPINIONS OF THE ATTORNEY GENERAL   Discretion as to salary.   - General Assembly intended the district attorney to have complete discretion in setting salary and the size of any salary increase so long as the district attorney does not exceed the maximum set forth in the statutes. 1979 Op. Att'y Gen. No. 79-48.   Salary paid from state funds for assistant district attorneys is within the discretion of the district attorney so long as the district attorney does not exceed the maximum set by law. 1979 Op. Att'y Gen. No. 79-48.    Maximum state salary authorized  for an assistant district attorney who has previous service either with the Department of Law or the Prosecuting Attorneys' Council should be computed as though the entire period of employment were as an assistant district attorney. 1983 Op. Att'y Gen. No. U83-54.    Cost-of-living increases authorized in former paragraph (b)(5) of O.C.G.A. § 15-18-14 would be included in the credit given in former paragraph (b)(7) of O.C.G.A. § 15-18-14 to those who have served as assistant attorneys general or as attorneys for the Prosecuting Attorneys' Council. 1983 Op. Att'y Gen. No. U83-54.   Maternity leave.   - District attorney may place a state paid assistant district attorney on a voluntary leave without pay status for maternity purposes and that during that period of time the state paid assistant district attorney would be entitled to the same benefits and coverage under the State Health Benefit Plan as any other state employee on a voluntary leave of absence without pay for maternity purposes. 1983 Op. Att'y Gen. No. U83-44.   County may supplement salary.   - County commission may supplement the salary of an assistant district attorney without specific local legislation authorizing the supplementation. 1978 Op. Att'y Gen. No. U78-36.   Determining eligibility for compensation as assistant district attorney.    - Since a district attorney is now included in the definition of the term "prosecuting attorney" for purposes of determining the appropriate salary for an assistant district attorney, time served as a district attorney is to be considered as time served as a prosecuting attorney for purposes of calculating eligibility for compensation as an assistant district attorney under O.C.G.A. § 15-18-14(c). 1990 Op. Att'y Gen. No. U90-11.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 10, 16.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, § 81 et seq.