reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-42 - Meetings; officers; reimbursement for expenses

(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 business as it shall desire.
(c)
The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-43 - Members not ineligible for office

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.
Amended by 2012 Ga. Laws 684,§ 15, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-44 - Powers and duties; employees' bonds; audits

(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 expenses incident to implementing its purposes;
(6)
May adopt and use an official seal;
(7)
May establish a principal office;
(8)
May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and
(9)
Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes.
(b)
The council shall require a sufficient bond, signed by some surety or guaranty company authorized to do business in this state, of any administrative or clerical personnel employed by the council and empowered by the council to handle its funds. The premiums due on all such bonds may be paid by the council from funds available to it.
(c)
The council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Governor.
Amended by 2008 Ga. Laws 564,§ 14, eff. 7/1/2008.
Amended by 2008 Ga. Laws 471,§ 15, eff. 5/12/2008.
Amended by 2005 Ga. Laws 333,§ 13, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-45 - Authorization to conduct or approve training programs; requirements for designated special drug prosecutor

(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 the members of the staffs of such officials. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any district attorney, solicitor-general, or other prosecuting attorney of this state or any member of the staffs of such officials in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, such officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section
15-18-12
. The council shall adopt such rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.
(b)
Each person designated as a special drug prosecutor pursuant to paragraph (2) of subsection (a) of Code Section
15-18-14
shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe.
Amended by 2001 Ga. Laws 2, § 15, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-46 - Prohibited activities

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, or any solicitor or solicitor-general of any court of record in this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-47 - Qualifications, authority, and duties

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 oath required by district attorneys. When assisting a district attorney, solicitor-general, or the Attorney General, such attorneys and investigators shall have the same authority and power as an attorney or investigator employed by such district attorney, solicitor-general, or the Attorney General. Investigators employed by the council and authorized by the council to carry weapons or to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35.
Added by 2008 Ga. Laws 564,§ 15, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-61 - Oath

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 duties as solicitor-general of (here state the county) County."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-62 - Requirements

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; and
(3)
Have been admitted and licensed to practice law in the State of Georgia for at least three years.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-63 - Part-time and full-time solicitors-general and employees; private practice of law

(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 practice of law.
(c)
A part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitor-general's state court or appear on behalf of any client, other than the state, in any matter that is within the duties of such solicitor-general.
Amended by 2013 Ga. Laws 211,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-64 - Leave of absence; ordered military duty

(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 court 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.
(2)
Where the giving of written notice of candidacy is required, any solicitor-general of a state court 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 by the absent public official.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-65 - Disqualification; solicitor-general pro tempore

(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 executive director of the Prosecuting Attorneys' Council of the State of Georgia of the disqualification. Upon receipt of such notification, the executive director of the Prosecuting Attorneys' Council of the State of Georgia shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section
15-18-30
, other competent attorney, or an attorney from the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia to act in place of the solicitor-general. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply.
(b)
A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county.
(c)
A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or any employee of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section
15-18-12
for district attorneys.
(d)
Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section
5-7-2
, and such order shall be subject to appellate review as provided by Chapter 7 of Title 5.
Amended by 2022 Ga. Laws 810,§ 2, eff. 7/1/2022.
Amended by 2002 Ga. Laws 942, § 4, eff. 5/16/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-67 - Compensation

(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 local law, but no solicitor-general's compensation or supplement shall be decreased during his or her term of office.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-68 - Reimbursement for expenses

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-69 - Payment of costs and fees by state

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
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-70.1 - Acting solicitor-general in the event of death or resignation

(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 until such official's successor is appointed or elected and qualified. An assistant solicitor-general performing the duties of a deceased or resigned solicitor-general shall be compensated as provided for acting solicitors-general in subsection (b) of Code Section
15-18-70
.
(b)
If there is no assistant solicitor-general available to perform the duties of the deceased or resigned solicitor-general as provided in subsection (a) of this Code section, the presiding judge may request the assistance of the district attorney of the judicial circuit in which such county is located or another solicitor-general of a state court to prosecute cases until a solicitor-general is appointed or elected and qualified as provided by subsection (b) of Code Section
15-18-60
. Any such district attorney or solicitor-general who is acting pursuant to this subsection shall be reimbursed by the county governing authority for actual expenses incurred while assisting in the state court pursuant to this subsection.
Amended by 2013 Ga. Laws 33,§ 15, eff. 4/24/2013.
Added by 2012 Ga. Laws 534,§ 3, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-71 - Additional personnel and employees

(a)
The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attorney or other employee of the solicitor-general's office.
(b)
Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act.
(c)
All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing.
(d)
All assistant solicitors-general and investigators shall, in addition to any oath prescribed by Chapter 3 of Title 45, 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 duties as (assistant solicitor-general or investigator) of (here state the county) County.",
which shall be filed in accordance with Chapter 3 of Title 45.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-72 - Qualifications of personnel

(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 Georgia, admitted to practice before the appellate courts of this state, shall serve at the pleasure of the solicitor-general, and shall have such authority, powers, and duties as may be assigned by the solicitor-general.
(b)
Any investigator employed by the solicitor-general's office who is authorized by the solicitor-general and by Article 4 of Chapter 11 of Title 16, relating to firearms, to carry weapons or authorized by local law to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the solicitor-general.
(c)
Subject to the provisions of Chapter 19 of Title 45, relating to employment practices of public officials and agencies, the solicitor-general shall, unless otherwise provided by local law, establish the qualifications of all other personnel employed in the solicitor-general's office.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-73 - Offices, utilities, equipment, supplies, expenses, costs, materials

(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 duties and obligations of such office in an orderly and efficient manner.
(b)
The Prosecuting Attorneys' Council of the State of Georgia may, to the extent that funds or other resources are available to the council for such purpose, provide such additional equipment or services as may be requested by the solicitors-general.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 3 - SOLICITORS-GENERAL OF STATE COURTS (§§ 15-18-60 — 15-18-74) › Section 15-18-74 - Liability; immunity from suit; liability insurance or contracts of indemnity

(a)
If a solicitor-general fails to carry out the duties of office as provided in subsection (a) of Code Section
15-18-66
without just cause, the solicitor-general shall be liable to rule as are attorneys at law.
(b)
If a solicitor-general fails to attend court as required by law without just cause, the solicitor-general is liable to be fined $50.00 for each failure, to be retained out of the solicitor-general's salary.
(c)
Solicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys.
(d)
The Prosecuting Attorneys' Council of the State of Georgia is authorized to purchase policies of liability insurance or contracts of indemnity or to participate in the state insurance and indemnification program established pursuant to Chapter 9 of Title 45 on behalf of the solicitors-general of the state courts and their staffs when engaged in the performance of their official duties. The council shall pay any premiums out of such funds as may be available for the support of the district attorneys and solicitors-general of this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 4 - PRETRIAL INTERVENTION AND DIVERSION PROGRAM (§§ 15-18-80 — 15-18-82) › Section 15-18-81 - Court costs

The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted.
Amended by 2006 Ga. Laws 575,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 4 - PRETRIAL INTERVENTION AND DIVERSION PROGRAM (§§ 15-18-80 — 15-18-82) › Section 15-18-82 - Definition

As used in this article, the term "prosecuting attorney" means the individual responsible for prosecuting cases in superior courts, state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations.
Added by 2006 Ga. Laws 575,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-90 - Applicability of article

The provisions of this article shall apply to a municipality authorized by the provisions of Article 1 of Chapter 32 of Title 36 to establish and maintain a municipal court, including a municipality for which a county is furnishing municipal court services pursuant to a contract authorized by Article 9 of Chapter 10 of this title.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-91 - Creation of office of prosecuting attorney of municipal court; term; cooperative efforts

(a)
Subject to the provisions of this article, the governing authority of a municipality shall be authorized to create the office of prosecuting attorney of the municipal court. A copy of the resolution or ordinance creating the office of prosecuting attorney of the municipal court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.
(b)
It shall be the duty of the municipal court clerk, or such other person designated by the governing authority of a municipality, to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a municipal court within 30 days of such appointment.
(c)
Unless otherwise provided by the charter of such municipality or other local law, the prosecuting attorney of the municipal court shall serve a term of office to be determined by the governing authority of such municipality.
(d)
The governing authority of a municipality shall also be authorized to contract with the district attorney of the judicial circuit in which such municipality is located or the solicitor-general of the state court of the county in which such municipality is located for such officer to perform the duties of the prosecuting attorney in such municipal court. Any district attorney or solicitor-general entering into any such contract may assign such other members of his or her staff to prosecute in the municipal court.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-92 - Criteria for appointment; consent

(a)
Any person appointed as the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state.
(b)
Notwithstanding the provisions of subsection (a) of Code Section
15-18-21
or subsection (b) of Code Section
15-18-72
, an assistant district attorney or assistant solicitor-general may be appointed as the prosecuting attorney of a municipal court with the prior written consent of the district attorney or solicitor-general who employs such assistant district attorney or assistant solicitor-general. Such consent may be withdrawn at any time by the employing district attorney or solicitor-general. Notice that consent for such appointment is being withdrawn shall be done in writing to the governing authority of such municipality not less than 30 days prior to the day that such assistant district attorney or assistant solicitor-general shall cease to serve as the prosecuting attorney of a municipal court.
Amended by 2013 Ga. Laws 33,§ 15, eff. 4/24/2013.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-93 - Oath of office

In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a municipal court shall take and subscribe to the following oath: "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as prosecuting attorney of the (City) (Town) of (here state the municipality)."
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-94 - Employment status; additional duties

(a)
Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a full-time or part-time prosecuting attorney.
(b)
Any full-time prosecuting attorney of a municipal court and any full-time employees of the prosecuting attorney of a municipal court shall not engage in the private practice of law.
(c)
Any part-time prosecuting attorney of a municipal court and any part-time assistant prosecuting attorney of a municipal court may engage in the private practice of law, but shall not practice in the municipal court or appear in any matter in which that prosecuting attorney has exercised jurisdiction.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-95 - Disqualification or incapacity of prosecuting attorney; substitution

If the prosecuting attorney of a municipal court is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the governing authority shall provide for the appointment of a substitute prosecuting attorney. At any time in which a substitute prosecuting attorney is not available or an appointment has not been made, the city attorney of the applicable municipality may serve as the substitute prosecuting attorney until such time as a prosecuting attorney or substitute prosecuting attorney is available or appointed.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-97 - Compensation for prosecuting attorney

The prosecuting attorney of a municipal court shall be compensated by the municipality as provided by local law or, in the absence of such local law, as provided by the governing authority of such municipality. The prosecuting attorney of a municipal court shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other municipal employees.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-98 - Appointment of staff

The prosecuting attorney of a municipal court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the municipality. The prosecuting attorney of a municipal court shall define the duties and fix the title of any attorney or other employee of the prosecuting attorney's office. Personnel employed pursuant to this Code section shall be compensated by the municipality.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 5 - [ESTABLISHMENT AND MAINTENANCE OF MUNICIPAL COURTS] (§§ 15-18-90 — 15-18-99) › Section 15-18-99 - Qualifications of prosecutors

Any assistant prosecuting attorney or other attorney at law employed by the municipality for the purposes of prosecuting in the municipal court shall be a member in good standing of the State Bar of Georgia or satisfy the provisions of Code Section
15-18-22
.
Added by 2012 Ga. Laws 534,§ 4, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-1 - Scope of admission to practice

Those who are admitted to practice in the superior courts may practice in any court of this state other than the Supreme Court and the Court of Appeals, for each of which another and special license shall be obtained.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-2 - Rules governing board of examiners; amount and disposition of examination fees

(a)
It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court.
(b)
The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs of administering the examination.
Amended by 2009 Ga. Laws 122,§ 2, eff. 5/4/2009.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-3 - Rules governing examinations; time and place thereof

(a)
The Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take an examination and as to the time, manner, and places of holding examinations for admission to the bar of this state and are specifically authorized to provide for the holding of the examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them. They may provide for the examination to be held over such period of days as in their judgment shall be fair to the applicant for examination. There shall be held not less than two examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court.
(b)
Nothing in this Code section shall be construed as limiting applicants for admission to the bar to college trained persons, except as provided by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-4 - Duties of attorneys

It is the duty of attorneys at law:
(1)
To maintain the respect due to courts of justice and judicial officers;
(2)
To employ, for the purpose of maintaining the causes confided to them, such means only as are consistent with truth and never to seek to mislead the judges or juries by any artifice or false statement of the law;
(3)
To maintain inviolate the confidence and, at every peril to themselves, to preserve the secrets of their clients;
(4)
To abstain from all offensive personalities and to advance no fact prejudicial to the honor or reputation of a party or a witness unless required by the justice of the cause with which they are charged;
(5)
To encourage neither the commencement nor the continuance of an action or proceeding from any motives of passion or interest; and
(6)
Never to reject, for a consideration personal to themselves, the cause of the defenseless or oppressed.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-5 - Authority of attorney to bind client

Attorneys have authority to bind their clients in any action or proceeding by any agreement in relation to the cause, made in writing, and by signing judgments, entering appeals, and entering such matters, when permissible, on the dockets of the court. Attorneys who are otherwise authorized by law to take affidavits and administer oaths shall not be disqualified to take affidavits required of their clients in any matter or proceeding of any nature whatsoever.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-6 - Handling client's funds

Without special authority, attorneys cannot receive anything in discharge of a client's claim but the full amount in cash.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-7 - Proof of authority

The presiding judge or justice, on motion of either party and on showing reasonable grounds therefor, may require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears and to disclose, whenever pertinent to any issue, the name of the person who employed him and may grant any order that justice may require on such investigation. However, prima facie, attorneys shall be held authorized to represent properly any case in which they may appear.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-8 - Relief from acts of unauthorized attorney

If it is alleged by a party for whom an attorney appears that the attorney does so without authority, the court, at any stage of the proceedings, if fully satisfied that the allegation is true, may relieve the party for whom the attorney assumed to appear from the consequences of his acts.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-9 - Unauthorized appearance as contempt; penalty

Any attorney appearing for a person without being employed, unless by leave of the court, is guilty of a contempt of court and shall be fined not less than $500.00.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-10 - Which of several counsel to be given preference in absence of client

(a)
As used in this Code section, the term "leading counsel" means the person who, at the time of the trial or the raising of any issue connected with the case, is, in the judgment of the court, the counsel upon whom the client relies more than any other.
(b)
When two or more attorneys employed on the same side dispute about the direction to be given to their case and the client is not present, the judge shall hear all the facts and give preference to the leading counsel.
(c)
If there is more than one leading counsel, the court shall, as between them, give preference to the counsel who was first employed.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-11 - Attorney's retainer; recovery for services rendered

Unless otherwise stipulated, one-half of the fee in any case is a retainer and is due at any time unless the attorney, without sufficient cause, abandons the case before rendering service to that value. In cases where he has rendered such service but cannot render the balance of service due to the act of his client, providential cause, election to office, or removal out of the state, he is entitled to retain such amount or a due proportion thereof if collected, or if not collected, to bring an action to collect it. Where no special contract is made, the attorney may recover for the services actually rendered.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-12 - Status of note or obligation given as fee when service not rendered; penalty for transfer

Attorneys are prohibited from collecting any note or other contract in writing given as a fee in any case in which they have failed to attend to in person or by some competent attorney from the time of employment until the rendition of judgment. Any such note or written contract shall be null and void unless the attorney holding it was, by contract, released from the duty of attending to the case for which it was given. The transfer of such note or obligation subjects an attorney to forfeit and pay to the person from whom the same was taken double the amount thereof, recoverable in any court having jurisdiction of the same, unless the person is saved harmless against all fees, costs, and other necessary expenses on account thereof.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-13 - Right to fees in claim cases

In claim cases, the attorney causing the levy and prosecuting the rights of the plaintiff in execution shall be entitled to his fees from the proceeds of the property condemned although the holders of older liens may demand and recover the proceeds from the immediate client of the attorney.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-14 - Liens for services rendered; priority; modes of enforcement; other rights

(a)
Attorneys at law shall have a lien on all papers and money of their clients in their possession for services rendered to them. They may retain the papers until the claims are satisfied and may apply the money to the satisfaction of the claims.
(b)
Upon actions, judgments, and decrees for money, attorneys at law shall have a lien superior to all liens except tax liens; and no person shall be at liberty to satisfy such an action, judgment, or decree until the lien or claim of the attorney for his fees is fully satisfied. Attorneys at law shall have the same right and power over the actions, judgments, and decrees to enforce their liens as their clients had or may have for the amount due thereon to them.
(c)
Upon all actions for the recovery of real or personal property and upon all judgments or decrees for the recovery of the same, attorneys at law shall have a lien for their fees on the property recovered superior to all liens except liens for taxes, which may be enforced by mortgage and foreclosure by the attorneys at law or their lawful representatives as liens on personal property and real estate are enforced. The property recovered shall remain subject to the liens unless transferred to bona fide purchasers without notice.
(d)
If an attorney at law files his assertion claiming a lien on property recovered in an action instituted by him, within 30 days after a recovery of the same, his lien shall bind all persons.
(e)
The same liens and modes of enforcement thereof which are allowed to attorneys at law who are employed to bring an action for any property, upon the property recovered, shall be equally allowed to attorneys at law employed and serving in defense against such actions in case the defense is successful.
(f)
This Code section shall not affect the rights of attorneys under Code Section
15-19-13
and decisions of the Supreme Court and Court of Appeals thereon.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-15 - Satisfaction of liens

Liens of attorneys at law in possession of personal property under a lien for fees shall be satisfied according to Code Section
44-14-550
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-16 - Liability of attorneys

Where attorneys retain in their hands the money of their clients after it has been demanded, they are liable to rule and otherwise as sheriffs are and incur the same penalties and consequences.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 1 - ATTORNEYS (§§ 15-19-1 — 15-19-17) › Section 15-19-17 - Effect of advice of counsel on client's liability; redress

Clients shall not be relieved from their liability for damages and penalties imposed by law on the ground that they acted under the advice of their counsel but are entitled to redress from their counsel for unskillful advice.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 2 - STATE BAR OF GEORGIA (§§ 15-19-30 — 15-19-34) › Section 15-19-30 - Establishment of unified state bar authorized

In recognition of the fact that attorneys are officers of the courts of this state; that they have the exclusive right to practice law and represent members of the public in connection with their legal affairs; that they are charged with important responsibilities in connection with the administration of justice both in and out of the courts; and that for these reasons a strong legal profession is in the public interest, the Supreme Court of this state is authorized to establish as an administrative arm of the court a unified self-governing bar association which shall be known as the "State Bar of Georgia," composed of all persons licensed to practice law in this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 2 - STATE BAR OF GEORGIA (§§ 15-19-30 — 15-19-34) › Section 15-19-31 - Adoption of rules for organization and government of State Bar

The Supreme Court shall have the authority by appropriate orders, upon recommendation made by the State Bar of Georgia, to adopt rules and regulations for the organization and government of the unified state bar and to define the rights, duties, and obligations of the members therein, including the payment of a reasonable license fee, and otherwise to regulate and govern the practice of law in this state, to the end that the unified state bar shall promote the best interest of the public by maintaining high standards of conduct in the legal profession and by aiding in the efficient administration of justice.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 2 - STATE BAR OF GEORGIA (§§ 15-19-30 — 15-19-34) › Section 15-19-32 - Option of jury trial prior to final order or disbarment

The rules and regulations governing the unified state bar shall provide that before a final order of any nature or any judgment of disbarment is entered the attorney involved may elect to have any material issues of fact determined by a jury in the superior court of the county of his residence.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 2 - STATE BAR OF GEORGIA (§§ 15-19-30 — 15-19-34) › Section 15-19-33 - Procedure for adoption of rules

A copy of proposed rules and regulations of the State Bar of Georgia shall be furnished to all members. The Supreme Court shall set down for public hearing the adoption of proposed rules and regulations and any attorney or other person interested may appeal in person or by brief for the purpose of either supporting or opposing proposed rules and regulations.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 19 - ATTORNEYS (§§ 15-19-1 — 15-19-60) › Article 2 - STATE BAR OF GEORGIA (§§ 15-19-30 — 15-19-34) › Section 15-19-34 - Amendment of rules

Rules and regulations of the State Bar of Georgia may be amended upon recommendation of the State Bar of Georgia under such rules and procedures as shall be prescribed by the Supreme Court.