reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-50 - "Practice of law" defined

The practice of law in this state is defined as:
(1)
Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
(2)
Conveyancing;
(3)
The preparation of legal instruments of all kinds whereby a legal right is secured;
(4)
The rendering of opinions as to the validity or invalidity of titles to real or personal property;
(5)
The giving of any legal advice; and
(6)
Any action taken for others in any matter connected with the law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-51 - Unauthorized practice of law forbidden

(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 law for any person other than himself in any of such courts;
(3)
To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4)
To render or furnish legal services or advice;
(5)
To furnish attorneys or counsel;
(6)
To render legal services of any kind in actions or proceedings of any nature;
(7)
To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8)
To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.
(b)
Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-52 - Lawful acts by parties involved; financial services advice; legal instruments; title papers

Nothing contained in this article shall prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section
15-19-50
to which the persons are a party; but, in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee who is not a duly licensed attorney at law. Moreover, no financial institution, as defined by Code Section
7-1-4
, whose deposits are federally insured shall be prohibited from giving any advice to its customers in matters incidental to providing financial services nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, provided that it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument. Furthermore, a title insurance company may prepare such papers as it thinks proper or necessary in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure the title, where no charge is made by it for the papers.
Amended by 2017 Ga. Laws 275,§ 15, eff. 5/9/2017.
Amended by 2016 Ga. Laws 439,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-53 - Examination and abstract of titles; title insurance; employment of attorneys

This article shall not prohibit a person, corporation, or voluntary association from examining the record of titles to real property, nor shall it prohibit a person, corporation, or voluntary association from preparing and issuing abstracts of title from such examination of records and certifying to the correctness of the same, nor from issuing policies of insurance on titles to real or personal property, nor from employing an attorney or attorneys in and about their own immediate affairs or in any litigation to which they are or may be a party. However, nothing contained in this Code section shall authorize any person, corporation, or voluntary association other than an attorney at law to express, render, or issue any legal opinion as to the status of the title to real or personal property.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-54 - Furnishing of information or clerical services to attorneys permitted

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 for Code Sections
15-19-51
,
15-19-53
, and
15-19-55
, provided that at all times the attorney receiving the information or services shall maintain full professional and direct responsibility to his clients for the information and services received. However, no person, corporation, or voluntary association not otherwise authorized to do so shall be permitted to render any services which cannot lawfully be rendered by a person not admitted to practice law nor to solicit directly or indirectly professional employment for an attorney.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-55 - Certain solicitation prohibited

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 solicitation or legal employment. However, nothing in this article shall be construed to prohibit a person, association, or corporation lawfully engaged in the business of conducting a mercantile or collection agency or adjustment bureau from employing an attorney at law to give legal advice concerning, or to prosecute actions in court which relate to, the adjustment or collection of debts and accounts only.
Amended by 2023 Ga. Laws 77,§ 2-5, eff. 5/1/2023, app. to contracts entered into on and after 5/1/2023; and not applicable to contracts entered into before 5/1/2023; provided, however, that any contract in violation of the provisions of Part II of this Act entered into before 5/1/2023 shall be void after the initial period set forth in such contract and shall not be renewed or otherwise extended on terms in violation of Part II of this Act.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-56 - Penalty for prohibited conduct

(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 engages in any of the acts prohibited in Code Section
15-19-51
,
15-19-53
,
15-19-54
, or
15-19-55
or assists a corporation or voluntary association in performing the prohibited acts shall be guilty of a misdemeanor. The fact that the person is a duly and regularly admitted attorney at law shall not be held to permit or allow the corporation or voluntary association to do the acts prohibited in such Code sections, nor shall the fact be a defense upon the trial of any person mentioned therein for a violation of those Code sections. Nothing in this subsection shall prevent any court having jurisdiction from punishing the corporation or its officers for contempt.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-57 - Investigation of unauthorized practice of law

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;
(2)
Reserved;
(3)
Any charges or complaints that any person, in violation of Code Section
15-19-55
or rules promulgated by the Supreme Court, is orally or by writing, for a consideration then or afterwards to be charged or received by himself or another, offering or tendering to another person, without the solicitation of the person, the services of an attorney at law, resident or nonresident of this state, in order for the attorney to institute an action or represent the person in the courts of this or any other state or of the United States in the enforcement or collection by law of any claim, debt, or demand of the person against another or is suggesting or urging the bringing of such action; and
(4)
Any charge or complaints that any person is engaged in the practice of seeking out and proposing to other persons that they present and urge through any attorney at law the collection of any claim, debt, or demand of such person against another.
Amended by 2008 Ga. Laws 471,§ 15, eff. 5/12/2008.
Amended by 2007 Ga. Laws 18,§ 15, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-58 - Injunctive relief; venue; procedure; other remedies not curtailed

(a)
Either the State Bar of Georgia, the Judicial Council of this state, or any organized bar association of this state is authorized to institute in the proper superior court of this state an action or actions seeking injunctive relief against any person, firm, or corporation, when it determines after investigation that such person, firm, or corporation:
(1)
Is engaged in the unauthorized or unlawful practice of law;
(2)
Reserved;
(3)
In violation of Code Section
15-19-55
or rules promulgated by the Supreme Court, is orally or by writing, for a consideration then or afterwards to be charged or received by himself or another, offering or tendering to another person, without the solicitation of such other person, the services of an attorney at law, resident or nonresident of this state, in order for the attorney to institute an action or represent the person in the courts of this or any other state or of the United States in the enforcement or collection by law of any claim, debt, or demand of any such person against another or is suggesting or urging the bringing of the action; or
(4)
Is engaged in the practice of seeking out and proposing to other persons that they present and urge through any attorney at law the collection of any claim, debt, or demand of such person against another.
(b)
The venue of any action authorized by this Code section shall be determined by the constitutional and statutory provisions relating to cases in equity.
(c)
The hearing, interlocutory or final, and the trial of actions authorized by this Code section shall be governed by the laws of this state relating to injunctions, as shall appeals from orders or judgments therein.
(d)
In any action brought under this Code section, the final judgment, if in favor of the plaintiff, shall perpetually enjoin the defendant or defendants from the commission or continuance of the act or acts complained of. Restraining orders or temporary injunctions may be granted as in other cases in which injunctive relief is sought.
(e)
This Code section and Code Section
15-19-57
shall not repeal or curtail any remedy provided in cases of unauthorized or unlawful practice of law, and nothing contained in these Code sections shall be construed as abridging the powers of the courts in such matters.
Amended by 2008 Ga. Laws 471,§ 15, eff. 5/12/2008.
Amended by 2007 Ga. Laws 18,§ 15, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-59 - Authorized actions by brokers, associates, and salespersons

(a)
As used in this Code section, the terms "associate broker," "broker," and "salesperson" shall have the same meanings as set forth in Code Section
43-40-1
.
(b)
A broker, associate broker, or salesperson licensed pursuant to Chapter 40 of Title 43, a seller of real property or the employee of a seller of real property, or an employee of a property management company engaged in the leasing or management of commercial or multifamily properties may:
(1)
Provide information and advice to their principals, clients, and customers in matters involving the listing, management, sale, purchase, exchange, renting, lease, option, or other conveyance of any real estate or the improvements thereon;
(2)
Prepare special stipulations to forms that were prepared by an attorney in connection with the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon;
(3)
Provide legal forms prepared by an attorney to their principals, clients, and customers; and
(4)
Complete legal instruments prepared by an attorney for their principals, clients, and customers.
(c)
This Code section shall not authorize a broker, associate broker, or salesperson to close a real estate transaction or to express, render, or issue a legal opinion as to the status of the title to real or personal property. No person or voluntary association, other than an active member in good standing of the State Bar of Georgia, shall close a real estate transaction or express, render, or issue a legal opinion as to the status of the title to real or personal property.
(d)
This Code section shall not prevent the activities authorized by Code Section
15-19-52
,
15-19-53
,
15-19-54
, or
43-40-25.1
.
Added by 2015 Ga. Laws 76,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 3 - REGULATION OF PRACTICE OF LAW (§§ 15-19-50 — 15-19-60) › Section 15-19-60 - Consumer action for damages for violations

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 violation of the Supreme Court's rules or opinions governing the unlicensed practice of law shall be entitled to maintain a civil action to recover damages, treble damages, reasonable attorney's fees, and expenses of litigation. A claim for a violation of this Code section shall be asserted in an individual action only and shall not be the subject of a class action under Code Section
9-11-23
. This Code section shall not prevent the activities authorized by Code Section
15-19-52
,
15-19-53
,
15-19-54
,
15-19-59
, or
43-40-25.1
.
Added by 2015 Ga. Laws 76,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-1 - Short title

This chapter may be known and cited as "The Law School Legal Aid Agency Act of 1967."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-2 - Declaration of purpose

It is in the public interest to promote the availability of legal aid to indigent persons and in connection therewith to encourage the establishment and operation of legal aid agencies by law schools in this state and the utilization of the services of third-year law students in the legal aid agencies as a form of legal intern training and service that will provide competent and professional legal counsel to indigent persons.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-3 - Definitions

As used in this chapter, the term:
(1)
"Approved law school legal aid agency" means an established or proposed department, division, program, or course in a law school under the supervision of at least one full-time member of the school's faculty or staff who has been admitted and licensed to practice law in this state, conducted regularly and systematically to render legal services to indigent persons, the purpose, method, and content of which are approved by a judge of the superior court as provided in this chapter. When a law school legal aid agency has been approved as provided in this chapter, it is contemplated that the resources of the legal aid agency, including the services of third-year law students regularly enrolled therein, will in their entirety provide competent and professional legal counsel to the indigent persons served thereby.
(2)
"Indigent person" means a person financially unable to employ the legal services of an attorney as determined by a standard of indigency established by a judge of the superior court as provided in this chapter.
(3)
"Law school" means a law school in this state which is approved by the American Bar Association or which is authorized to operate under Code Section
20-3-250.8
or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967.
(4)
"Legal aid" means legal services of a civil, criminal, or other nature rendered for or on behalf of an indigent person without charge to the person.
(5)
"Practice of legal aid" means participation by a third-year law student in an approved legal aid agency and, as an adjunct thereof, under its sponsorship and solely in connection therewith, the rendition of legal services to indigent persons without charge to the persons. When a third-year law student has been authorized to practice legal aid under this chapter, he shall, to the extent involved in his participation in the legal aid agency, have the authority to practice law as if he were admitted and licensed to practice in this state, except that all pleadings and other entries of record must be signed by a licensed attorney and, in the conduct of a trial, a licensed attorney must be present.
(6)
"Staff instructor" means a full-time professional staff employee of a law school in this state who has been admitted to the bar of another state, but who has not yet been admitted to the bar of this state, and who is actively engaged in the work of an approved law school legal aid agency.
(7)
"Third-year law student" means a student regularly enrolled and in good standing in a law school in this state who has satisfactorily completed at least two-thirds of the requirements for a first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-4 - Application to establish legal aid agency; separate application for each county

(a)
A law school in this state which has established a legal aid agency or proposes to establish a legal aid agency may obtain approval thereof by applying for that purpose to a judge of the superior court in the county in which the legal aid agency is operating or proposes to operate.
(b)
The application shall be made in the name of the dean of the law school. It shall request the judge to approve the legal aid agency conducted or proposed by the law school and to establish a standard of indigency appropriate to that county for determining the persons who may be served by the legal aid agency. It shall also include such information and data concerning the law school's legal aid agency and the appropriate standard of indigency as will enable the judge to make the approval and establish the standard as contemplated hereunder.
(c)
A law school must obtain approval by a separate application in each county in which its legal aid agency is operating or proposes to operate, and any authority to practice legal aid allowed under this chapter shall be limited to the county for which approval of the legal aid agency has been obtained as provided in this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-5 - Showing required

Upon receipt of an application under Code Section
15-20-4
, the judge of the superior court may require such showing and otherwise give the matter such direction as he deems necessary to satisfy himself that the application is complete and in order, that the purposes of Code Section
15-20-2
are served, and that the requirements contemplated in paragraph (1) of Code Section
15-20-3
are met. He may also require such showing and otherwise give the matter such direction as he deems necessary to establish a standard of indigency appropriate to that county.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-6 - Entry of order; continuing jurisdiction of superior court judge

When the judge of the superior court has determined that the application warrants approval and has established a standard of indigency, he shall enter an appropriate order. The order shall retain a continuing jurisdiction over these matters. At any time the judge may require a review thereof to assure himself that the purposes of this chapter are being served and that the privileges accorded hereunder are not being abused or used for other purposes.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-7 - Malpractice insurance

In the order approving a legal aid agency the judge of the superior court shall require the applicant to procure and maintain an appropriate coverage of malpractice liability insurance.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-8 - Participants in legal aid; certification by dean; oath

When a law school legal aid agency has been approved as contemplated in Code Section
15-20-6
, a third-year law student or staff instructor regularly enrolled may be certified as a participant therein and authorized to practice legal aid as an adjunct thereof in such form and manner as the judge of the superior court may prescribe, taking care that the requirements of this chapter and the good moral character of the student or instructor are properly certified by the dean of the law school. Before entering an order authorizing him to practice legal aid, the judge shall further require of the student or instructor an oath similar to the oath required by an attorney.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 20 - LAW SCHOOL LEGAL AID AGENCIES (§§ 15-20-1 — 15-20-9) › Section 15-20-9 - Filing of dean's certificate; duration of authority to practice legal aid; termination of authority

As to each third-year law student or staff instructor authorized to practice legal aid, there shall be kept on file in the office of the clerk of the superior court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oaths, and the judge's order as contemplated under Code Section
15-20-8
. The authority to practice legal aid, as allowed under this chapter, shall extend for no longer than one year. If during this period any change occurs in the status of the student or instructor at the law school in which he was enrolled at the time of his original certification, that is, if the student or instructor ceases his enrollment at the law school, ceases his enrollment in that law school's legal aid agency, or otherwise is expelled or suspended from the law school, then any authority to practice legal aid shall terminate and be revoked.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-1 - Time of payment of fines

Every fine imposed by a court under the authority of this Code shall be paid immediately or within such reasonable time as the court may grant.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-2 - Payment into county treasury of fines and bond forfeitures

(a)
(1)
The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and bond forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs.
(2)
The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the department's motorcycle enforcement program.
(3)
As used in this subsection, the term "urban interstate system" means a portion of the national system of interstate and defense highways which:
(A)
Is located entirely within any part of this state; and
(B)
Includes a single numbered interstate highway which forms a closed loop or perimeter.
Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.
(b)
No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
Amended by 2007 Ga. Laws 18,§ 15, eff. 5/11/2007.
Amended by 2006 Ga. Laws 470,§ 1, eff. 7/1/2006.
See 2010 Ga. Laws 368, § 2-2.
See 2010 Ga. Laws 368, § 2-1.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-3 - Maintenance of moneys from fines and bond forfeitures in county treasury

The moneys arising from fines and bond forfeitures paid into the county treasury shall be kept separate and distinct from the county funds arising from other sources, and distinct and separate accounts of such funds shall also be kept by the county treasurer on the basis of the court from which the funds are received.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-4 - Distribution of fines and bond forfeitures generally; liability of the clerk of the court as to distribution

All moneys arising from fines and bond forfeitures shall, at each term of the court, be distributed by the clerk of the court under order of the court to such persons and according to the priorities prescribed by law; and, upon failure to do so, the clerk shall be subject to a rule at the instance of any party aggrieved.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-5 - Procedure for filing and payment of claims of officers of court when defendant acquitted or person liable is insolvent generally

Any officer having a claim against the fine and bond forfeitures fund for insolvent costs, or in cases where defendants have been acquitted, if the same accrued in the superior court, or a court of inquiry prior to indictment, shall present to the judge of the superior court an itemized bill of the costs claimed. If the bill of costs is approved by the judge of the superior court, he shall order the bill entered on the minutes of the court; and the order shall operate as a warrant drawn upon the county treasury, to be paid by the county treasurer or other proper county officer or officers in charge of the fiscal affairs of the county out of any fines and bond forfeitures in the treasury received from the superior court.
Amended by 2015 Ga. Laws 98,§ 3-32 and § 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-7 - Report by county treasurer to grand jury as to fines and bond forfeitures received and disbursed; compensation of treasurer; effect of Code section upon local laws

(a)
The county treasurer shall report to the grand jury the amounts of fines and bond forfeitures received by him and to whom disbursed for the period of six months preceding the report and shall receive as his compensation 2 1/2 percent on the amounts paid out by him.
(b)
Nothing in subsection (a) of this Code section shall affect the distribution of funds arising from fines and bond forfeitures or the compensation of county treasurers as regulated by any local law.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-8 - Applicability and effect of Code Sections 15-21-2 through 15-21-7

Code Sections
15-21-2
through
15-21-7
do not apply to city courts, nor do they authorize a judge to draw his warrant to pay insolvent costs, costs where the defendant has been acquitted, or any other fund in the county treasury than the fund arising from fines and bond forfeitures, nor do they affect any local law.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-9 - Lien of officers for payment of insolvent costs

The officers of court shall have a lien upon all funds arising from fines and bond forfeitures for the payment of their insolvent costs.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-10 - Procedure for filing and payment of claims of officers of court when indictment found not true, defendant acquitted, or persons unable to pay

In cases where a bill of indictment is preferred and not found true by the grand jury, where a defendant is acquitted by a jury, or where persons liable by law for the payment of costs are unable to pay the same, the officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed by him, he shall order to be paid in the manner prescribed by law. The account and order shall be entered on the minutes of the court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-11 - Priorities for distribution of fines and forfeitures generally

Unless otherwise provided by law, money arising from fines for a violation of the penal laws or collected on forfeited recognizances in the superior courts shall be first applied to the extinguishment of the insolvent lists of the officers bringing the funds into court and then to the orders of former officers in proportion to their claims.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-12 - Contract for collection of moneys owed court

For the purpose of collecting any moneys owed to a court pursuant to a judgment and with the recommendation of such court, a local governing authority may contract with any person doing business within or outside this state for the collection of moneys owed to such court; provided, however, that a local governing authority shall not enter into such contract for the collection of moneys owed as a result of a court order sentencing a defendant to a probationary sentence or placing a defendant under probationary supervision solely because such defendant is unable to pay the court imposed fines and statutory surcharges when such defendant's sentence is imposed.
Added by 2015 Ga. Laws 74,§ 6-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 1 - GENERAL PROVISIONS (§§ 15-21-1 — 15-21-13) › Section 15-21-13 - Priority of payment of claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys

(a)
All claims for fees of solicitors of city courts, sheriffs, clerks, and district attorneys shall be paid from the funds arising from fines imposed in criminal cases before any claim or order of any claimant or distributee shall be paid.
(b)
Nothing contained in subsection (a) of this Code section shall in any way affect the fines and bond forfeitures of any court whose officers are on salaries and where the fines and bond forfeitures are remitted to the county treasury.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-50 - Limitation period for claims against fine and bond forfeiture fund for payment of costs or fees; extension of limitation period

Any costs or fees due any officer of court or to his heirs, administrators, executors, or assigns which are payable out of the fine and bond forfeiture fund shall be paid within seven years after the costs accrue or else the claim shall be barred by limitation and shall cease to be a valid claim against the fund or against any holder or custodian thereof under the law. The period of limitation may be extended as set out in Code Section
15-21-51
.
Amended by 2015 Ga. Laws 98,§ 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-51 - Procedure for extension of limitation period

Any claimant against the fine and bond forfeiture fund or the heirs, administrators, executors, personal representatives, or assigns of any officer holding any valid claim against the fund may extend the period of limitation for an additional seven years by filing with the clerk of the superior court of the county in which the claims arose another statement or claim setting forth the amount claimed and that the claimant has been unable to collect the claim or balance of the claim out of the fine and bond forfeiture fund. The statement shall be approved by the judge of the superior court of the county in which the claim arose and recorded on the minutes of the court by the clerk. The claim shall show on its face that it is made for the purpose of extending the period of limitation. The claim shall be made and recorded within the original seven-year period in order for the period of limitation to be extended. The extension of the period of limitation shall be for a period of seven years after the claim made for the purpose of extending the limitation period has been filed and recorded. The original period of limitation may be extended only once.
Amended by 2015 Ga. Laws 98,§ 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-52 - Payment into county treasury of funds received as part of fine and bond forfeiture fund

Any funds coming into the possession of the prosecuting attorney of any court, any officer of court, or any other person as a part of the fine and bond forfeiture fund shall be paid over by the prosecuting attorney or other officer or person into the treasury of the county as provided by law. No payment to the county treasury of funds received by an officer shall be withheld past the end of the calendar year in which the funds were received.
Amended by 2015 Ga. Laws 98,§ 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-53 - Persons deemed county treasurers for purposes of article

For purposes of this article, the person, firm, or corporation discharging the duties of county treasurer shall be deemed to be the county treasurer. All rights, powers, duties, responsibilities, and legal and equitable obligations and liabilities placed on county treasurers by this article shall apply with equal force and effect to those persons, firms, or corporations which perform or discharge the duties of county treasurers under the law in the several counties of this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-54 - Creation of claim for benefit of county against fine and bond forfeiture fund; priority of payment; rights of county to enforcement

In all criminal cases in which a county pays costs or fees to any officer of any court, the amount of the costs and fees so paid shall thereupon become a claim against the fine and bond forfeiture fund for the benefit of the county. The claim for the benefit of the county shall at all times take the same priority of payment as against the fine and bond forfeiture fund as though the claim or the costs and fees were still held by the officer who received the payment. Upon payment of the costs or fees, the county shall become subrogated to the rights of the officer regarding payment out of the fine and bond forfeiture fund, with all rights enjoyed by the officer to enforce same at any time.
Amended by 2015 Ga. Laws 98,§ 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-55 - Disposition of funds remaining after claims against fine and bond forfeiture fund paid or barred by limitation

Any surplus of funds which remain in the hands of the county treasurer or other custodian of the fine and bond forfeiture fund or in the hands of any officer of court or other person as agent or representative of any officer of court after all legal claims against the fund have been paid or are barred by limitation shall be paid over into the general fund of the county treasury to be used by the county for the purpose of paying the expenses of courts, the maintenance and support of prisoners, paying sheriffs and coroners for litigation, and paying all legal demands of clerks of court, prosecuting officers, sheriffs, and other officers of court.
Amended by 2015 Ga. Laws 98,§ 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-56 - Proceedings by persons claiming interest in fine and bond forfeiture fund

(a)
At any time, any claimant claiming any interest in the fine and bond forfeiture fund (including the officer or officers in charge of the roads and revenues of the county, on behalf of the county, and in the interest of the county in securing all moneys due hereunder to the general fund of the county for the purpose of paying expenses of the courts, the maintenance and support of prisoners, the payment to sheriffs and coroners for litigation, and payment of all legal demands as aforesaid) may proceed as provided by law by rule and attachment against the county treasurer and the prosecuting officer.
(b)
In the proceeding or rule the court may seize any such funds which are a part of the fine and bond forfeiture fund, by whomever held, under appropriate order and may order the funds paid into the registry of the court. To that end, for the purpose of carrying into effect this entire article, the court may join any necessary parties.
(c)
The court, and the judge thereof, shall order such additional notice and service which to the court shall seem proper in order to protect the rights of all parties interested in the fund. The proceeding shall be in the nature of an equitable proceeding and shall be governed by all established rules and maxims of equity. The court may pass such orders and order such disposition of funds in the registry of the court, in the county treasury, or in the hands of any custodian of the fine and bond forfeiture fund as will ensure such payment to officers of court, to other legal claimants, or to the county, in lieu of the salary of officers of court, of the insolvent costs of such officers earned during their term of office, such payment to be out of fines and bond forfeitures collected during such terms as is provided by law.
Amended by 2015 Ga. Laws 98,§ 3-32 and § 3-33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-57 - Effect of article upon duty of prosecuting officers and county treasurers relating to accounting for fines and bond forfeitures

Nothing in this article shall affect the duty of the prosecuting officer of any court or the treasurer of any county to account for fines and bond forfeitures to the parties legally entitled as provided by law (but subject to the limitations and alterations provided in this article), including paying to counties and their proper officers all parts of the fund to which the prosecuting officer, clerk of court, sheriff, or other officer would be entitled where, under the law, the funds are paid over to the county and its proper officer because the prosecuting officer, clerk of court, sheriff, or other officer is on a salary basis.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 3 - LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND FORFEITURE FUND (§§ 15-21-50 — 15-21-58) › Section 15-21-58 - Effect of article upon Acts pertaining to courts in particular counties or cities

Nothing in this article shall affect the validity of any special or local Act or Act affecting only a specific county dealing with the fines and bond forfeitures in any court or courts in any particular county or city in this state.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 4 - PEACE OFFICER AND PROSECUTOR TRAINING FUND (§§ 15-21-70 — 15-21-77) › Section 15-21-70 - Short title

This article shall be known as and may be cited as the "Peace Officer, Prosecutor, and Indigent Defense Funding Act."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 4 - PEACE OFFICER AND PROSECUTOR TRAINING FUND (§§ 15-21-70 — 15-21-77) › Section 15-21-71 - Implementation of constitutional provision

This article is enacted in part pursuant to the authority of Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 4 - PEACE OFFICER AND PROSECUTOR TRAINING FUND (§§ 15-21-70 — 15-21-77) › Section 15-21-72 - Legislative intent

It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers and to make funds available for funding state indigent defense programs.