reglab/housing_qa huggingface dataset:
GA Code § 15-16-24 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 1 - General Provisions|§ 15-16-24. Liability for Misconduct of Jailers

 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 shall not be liable for such misconduct and no claim or cause of action against the sheriff for such misconduct shall exist unless one of the following conditions exists:    The sheriff personally benefited financially from the act complained of;   The sheriff was personally aware of and had actual knowledge of the act complained of and had actual knowledge that the act was illegal, was contrary to law, or was the breach of a duty imposed by law and either acted to cause or failed to prevent the act complained of; or   The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.    (Orig. Code 1863, § 335; Code 1868, § 396; Code 1873, § 360; Code 1882, § 360; Civil Code 1895, § 4379; Civil Code 1910, § 4913; Code 1933, § 24-2812; Ga. L. 1980, p. 493, § 1; Ga. L. 1982, p. 3, § 15.)   Cross references.   - Jails generally, § 42-4-1 et seq.   JUDICIAL DECISIONS   Liability for breach of duty arising out of official capacity.    - While this section makes sheriffs liable for the misconduct of jailers, the misconduct referred to is a breach of some duty arising out of official capacity. Tate v. National Sur. Corp., 58 Ga. App. 874, 200 S.E. 314 (1938).   No statute makes chief of police liable for misconduct of police officers.    - Contrary to the rule as to the liability of a sheriff for the tortious conduct of the sheriff's deputies in the line of duty, there is no statute that makes a chief of police liable for the tortious conduct of the individual police officers who serves under the chief. Massey v. Perkerson, 129 Ga. App. 895, 201 S.E.2d 830 (1973).    Cited in Drost v. Robinson, 194 Ga. 703, 22 S.E.2d 475 (1942); Fidelity-Phenix Ins. Co. v. Mauldin, 118 Ga. App. 401, 163 S.E.2d 834 (1968); Parris v. Slaton, 131 Ga. App. 92, 205 S.E.2d 67 (1974).   OPINIONS OF THE ATTORNEY GENERAL   Liability for acts or omissions of jailer.   - Sheriff of a county is responsible for the county jail and under certain circumstances the sheriff can be liable for the acts or omissions personally of the sheriff's jailer with reference to the treatment of prisoners incarcerated in the jail; the failure to keep someone on duty at the jail at all times could result in liability based on neglect. 1969 Op. Att'y Gen. No. 69-14.   Misconduct of jailers for which sheriffs are liable is breach of some duty arising out of official capacity. 1969 Op. Att'y Gen. No. 69-14.   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 45 et seq.   C.J.S.   - 80 C.J.S., Sheriffs and Constables, § 54.   ALR.    - Liability for death of or injury to prisoner, 46 A.L.R. 94; 50 A.L.R. 268; 61 A.L.R. 569.
GA Code § 15-16-25 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 1 - General Provisions|§ 15-16-25. Liability for Hire Received

 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; Code 1933, § 24-2822.)   RESEARCH REFERENCES   ALR.    - Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 A.L.R. 637.
GA Code § 15-16-28 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 1 - General Provisions|§ 15-16-28. Creation of Merit Board; Appeals From Disciplinary Actions

 In any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county; provided, however, that no such merit board or appeals procedure shall become effective until approved and adopted by the sheriff.    (Code 1981, §15-16-28, enacted by Ga. L. 1984, p. 536, § 1.)
GA Code § 15-16-40 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 2 - Sheriff Emeritus|§ 15-16-40. Honorary Office Created; Qualifications; Certificate; Effect

  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 automatically hold the honorary office of sheriff emeritus of the State of Georgia.   Any person holding honorary office as sheriff emeritus of the State of Georgia shall upon application to the Secretary of State be issued a special certificate evidencing such honorary office.   The honorary office of sheriff emeritus of the State of Georgia shall not constitute the holding of public office or public employment for the purposes of any other law of this state.     (Code 1981, §15-16-40, enacted by Ga. L. 1988, p. 585, § 1.)
GA Code § 15-16-50 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-50. Short Title

 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.)
GA Code § 15-16-51 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 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 member thereof when in fact the individual or organization is not the sheriff's office or a member thereof. Furthermore, the sheriff's office, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the sheriff's office, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any sheriff office's name or any term used to identify the sheriff's office or its members without the express permission of the sheriff. The provisions of this article are in furtherance of the promotion of this policy.    (Code 1981, §15-16-51, enacted by Ga. L. 1997, p. 1496, § 1; Ga. L. 1999, p. 81, § 15.)
GA Code § 15-16-52 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-52. Definitions

 As used in this article, the term:    "Badge" means any official badge used in the past or present by members of any sheriff's office.   "Emblem" means any official patch or other emblem worn currently or formerly or used by the sheriff's office to identify the office or its employees.   "Office" means any sheriff's office.   "Person" means any person, corporation, organization, or political subdivision of this state.   "Sheriff" means the sheriff of any county in this state.   "Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the sheriff that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.     (Code 1981, §15-16-52, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-53 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-53. Unauthorized Use of Sheriff's Office Name a Violation

 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 publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the sheriff's office shall be in violation of this article.    (Code 1981, §15-16-53, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-54 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-54. Symbol, Seal, or Badge of Sheriff's Office; Unauthorized Use

 The sheriff, at his or her sole discretion, shall determine any symbol, seal, badge, or other nomenclature to be used by the sheriff's office so long as the use of any such nomenclature is not in violation of any other state or federal law. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the sheriff's office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the office without written permission from the sheriff shall be in violation of this article.    (Code 1981, §15-16-54, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-55 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-55. Requests to Use Sheriff's Office Symbols

 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 serve notice on the requesting party of his or her recommendation to the sheriff on whether the person may use the nomenclature or the symbol. Within 30 calendar days after receipt of the recommendation of the chief deputy sheriff, the sheriff shall serve notice on the requesting party of the decision on whether the person may use the nomenclature or the symbol. If the sheriff does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under this Code section or Code Section 15-16-53 or 15-16-54 shall be in the discretion of the sheriff under such conditions as established by the sheriff.    (Code 1981, §15-16-55, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-56 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-56. Injunction to Restrain Violation

 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 the superior court of the county of residence of the violator for an injunction to restrain the violation.    (Code 1981, §15-16-56, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-57 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-57. Civil Penalty; Attorney's Fees

 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 violation, the sheriff shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The sheriff shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.    (Code 1981, §15-16-57, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-58 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-58. Damages Recoverable for Unauthorized Use of Symbols

 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 willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.    (Code 1981, §15-16-58, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-16-59 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 3 - Sheriff Offices' Nomenclature|§ 15-16-59. Violation a Felony; Penalty

 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 shall constitute a separate offense.    (Code 1981, §15-16-59, enacted by Ga. L. 1997, p. 1496, § 1.)
GA Code § 15-18-1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-1. District Attorney as Successor to Solicitor-General

 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 appropriate agency to accept and expend federal and private funds for the purpose of enhancing the proficiency of the various prosecuting officials of the state.   Ga. L. 1996, p. 748, changed the titles of the officials formerly known as solicitors of the state courts to solicitors-general of the state courts. This is an office different from the one referred to in this Code section.   JUDICIAL DECISIONS    Cited in Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467 (1964).
GA Code § 15-18-2 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-2. Oath of Office

 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, § 408; Code 1873, § 373; Code 1882, § 373; Civil Code 1895, § 4388; Civil Code 1910, § 4922; Code 1933, § 24-2902.)   RESEARCH REFERENCES   ALR.   - Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562.
GA Code § 15-18-4 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-4. Effect of Attachment of County of Residence to Different Circuit

 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 office as though he resided in the circuit.   (Orig. Code 1863, § 350; Code 1868, § 411; Code 1873, § 376; Code 1882, § 376; Civil Code 1895, § 4391; Civil Code 1910, § 4925; Code 1933, § 24-2907.)
GA Code § 15-18-4.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-4.1. District Attorney Performing Ordered Military Duty

  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 candidate for reelection to such office.   Where the giving of written notice of candidacy is required, any district attorney who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official.Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official.     (Code 1981, §15-18-4.1, enacted by Ga. L. 1991, p. 135, § 1.)
GA Code § 15-18-7 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-7. Representation of State in Criminal Cases Removed to Federal Court

 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 circuit from which the case was removed, in association with the Attorney General, to appear for the state as the prosecuting officers of the state. The expenses incurred by the district attorney as actual costs in the prosecution of any such case shall be paid by the state out of such funds as may be provided for the operation of the superior courts or as otherwise may be provided by law.   (Ga. L. 1882-83, p. 98, §§ 1, 2; Code 1933, § 24-2909; Ga. L. 1977, p. 1257, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prosecuting Attorneys, § 23 et seq.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, § 32 et seq.   ALR.    - Necessity that condition, as regards jurisdictional amount, of right of removal of case from state to federal court, shall have existed at time of commencement of action, 107 A.L.R. 1115.    Time for filing petition for removal of action from state to federal courts as affected by extension of time for pleading, 108 A.L.R. 966.    Separable controversy for purpose of removal from state to federal court as arising out of action in which nonresident master or principal is joined as defendant with a resident servant or agent, 110 A.L.R. 188.   Anticipatory relief in federal courts against state criminal prosecutions growing out of civil rights activities, 8 A.L.R.3d 301.
GA Code § 15-18-8 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-8. Appointment of District Attorney as Counsel for State Officers Investigated, Charged, Accused, or Indicted for Federal Violation in Performance of Duty

 Reserved. Repealed by Ga. L. 1997, p. 1319, § 2, effective July 1, 1997.   Editor's notes.   - This Code section was based on Ga. L. 1956, p. 719, § 1; Code 1933, § 24-2921, enacted by Ga. L. 1977, p. 1257, § 10.
GA Code § 15-18-9 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-9. Authority to Enter Nolle Prosequi

 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.)   RESEARCH REFERENCES   ALR.    - Power and duty of court as to continuation of action or prosecution upon refusal of city, county, or district attorney to proceed therewith, 103 A.L.R. 1253.   Limitations on state prosecuting attorney's discretion to initiate prosecution by indictment or by information, 44 A.L.R.4th 401.
GA Code § 15-18-10.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-10.1. Annual Accountability Supplement; Exception

  Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the district attorney in such circuit an annual accountability court supplement of $6,000.00. Such supplement shall be paid from state funds by the Prosecuting Attorneys' Council of the State of Georgia in equal monthly installments as regular compensation.   Notwithstanding Code Sections 15-18-14 and 15-18-14.2, the accountability court salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant district attorneys or victim assistance coordinators that is measured as a percentage of a district attorney's salary.   When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a district attorney's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government.   Notwithstanding subsection (b) of Code Section 15-18-10 and Code Section 15-18-19, on or after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to the district attorney or a state-paid position appointed pursuant to this article, if such supplement is $50,000.00 or more.     (Code 1981, §15-18-10.1, enacted by Ga. L. 2015, p. 919, § 1-6/HB 279.)   Editor's notes.   - Ga. L. 2015, p. 919, § 4-1(b)(1) and (2)/HB 279, not codified by the General Assembly, provides: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.   "(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016." Funds were appropriated at the 2015 session of the General Assembly.   Law reviews.   - For article, "Annual Survey of Georgia Law: June 1, 2015 - May 31, 2016: Special Contribution: Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals," see 68 Mercer L. Rev. 1 (2016).
GA Code § 15-18-11 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 18 - Prosecuting Attorneys|Article 1 - General Provisions|§ 15-18-11. Supplementation of Compensation for Services Under Code Section 19-11-23

 In addition to any other compensation or county supplement provided by law, any county, by appropriate action of the county governing authority, is authorized to supplement from county funds the salary of the district attorney for the judicial circuit in which the county lies for services performed by the district attorney pursuant to Code Section 19-11-23.   (Code 1933, § 24-2905.2, enacted by Ga. L. 1980, p. 830, § 1.)   Cross references.   - Annual salary of district attorneys, § 45-7-4.   OPINIONS OF THE ATTORNEY GENERAL   Assistant district attorneys.   - Section does not apply to assistant district attorneys. 1980 Op. Att'y Gen. No. U80-36.