reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-20.2 - Monthly contingent expense allowance for the operation of the sheriff's office

In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of sheriff, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:
Population
Minimum Monthly Expenses
0 - 11,889
$ 100.00
11,890 - 74,999
200.00
75,000 - 249,999
300.00
250,000 - 499,999
400.00
500,000 or more
500.00
Amended by 2015 Ga. Laws 9,§ 15, eff. 3/13/2015.
Added by 2001 Ga. Laws 291, § 14, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-22 - Mileage fees for service outside county

For serving any process, summons, or notice in a county other than the county of his residence, a sheriff shall charge 10¢ per mile for each mile traveled outside the county of his residence, whether the service is made by the sheriff or by a deputy. The fees shall be taxed as a part of the costs in the case to which the process, summons, or notice pertains. The sheriff, before serving or having served the process, summons, or notice outside the county of his residence, shall have a right to require the party or his attorney requesting the service to deposit with him a sufficient amount to cover the mileage fees provided for in this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-23 - Appointment of deputy sheriffs; bond

Sheriffs are authorized in their discretion to appoint one or more deputies. Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon the faithful accounting for all public and other funds or property coming into the deputy's custody, control, care, or possession.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-24 - Liability for misconduct of jailers

Sheriffs are liable for the misconduct of their jailers as they are liable for their deputies; and persons injured by a jailer have the same option in bringing an action on the jailer's bond that they have in bringing an action on the deputy's bond, provided that the sheriff shall not be liable for such misconduct and no claim or cause of action against the sheriff for such misconduct shall exist unless one of the following conditions exists:
(1)
The sheriff personally benefited financially from the act complained of;
(2)
The sheriff was personally aware of and had actual knowledge of the act complained of and had actual knowledge that the act was illegal, was contrary to law, or was the breach of a duty imposed by law and either acted to cause or failed to prevent the act complained of; or
(3)
The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-25 - Liability for hire received

Where sheriffs hire property out after it has been levied upon, they are liable to the proper party for the hire received.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-26 - Investigation of charges against sheriff; suspension; additional investigations; assumption of sheriff's duties; indictment for felony

(a)
Whenever the Governor determines that an investigation of a sheriff of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office, he shall appoint two sheriffs who are members of the Georgia Sheriffs' Association who, along with the Attorney General, shall constitute a committee to conduct an investigation. Such sheriffs may be from any two counties in the state other than the county of the sheriff under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of state government.
(b)
Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both sheriff members by the Governor.
(c)
If the committee recommends the suspension of the sheriff, the Governor shall be authorized to suspend the sheriff for a period of up to 60 days. In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the sheriff's residence to bring a removal petition against the sheriff pursuant to subsection (b) of Code Section
15-16-10
based upon the evidence reported by the committee. In the event that the Governor determines that further investigation should be made, he or she may then order additional investigation by the committee, by the Georgia Bureau of Investigation, by other law enforcement agencies of this state, or by any special committee appointed by the Governor for such purpose.
(d)
Except as provided in subsection (e) of this Code section, the chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section
15-16-1
to assume the duties and responsibilities of the office of sheriff during any period of suspension.
(e)
Upon indictment for a felony, the provisions of Code Section
45-5-6
shall apply.
(f)
The remedy provided by this Code section is intended to be cumulative of other remedies available on the subject and is not intended to repeal such remedies.
Amended by 2013 Ga. Laws 33,§ 15, eff. 4/24/2013.
Amended by 2012 Ga. Laws 599,§ II-2-8, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-27 - Deposit of cash bonds and reserves of professional bondspersons in interest-bearing accounts; disposition of interest

(a)
Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section
36-80-3
or by Chapter 83 of Title 36.
(b)
The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for distribution to the Georgia Public Defender Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance.
(c)
In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Superior Court Clerks' Cooperative Authority.
Amended by 2015 Ga. Laws 74,§ 8-6, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 9, eff. 7/1/2008.
Amended by 2003 Ga. Laws 32, § 6, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-28 - Creation of merit board; appeals from disciplinary actions

In any county there may be created by local Act of the General Assembly a merit board to hear and decide appeals from disciplinary actions against deputies and other employees of the sheriff of the county; provided, however, that no such merit board or appeals procedure shall become effective until approved and adopted by the sheriff.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 2 - SHERIFF EMERITUS (§ 15-16-40) › Section 15-16-40 - Honorary office created; qualifications; certificate; effect

(a)
There is created the honorary office of sheriff emeritus of the State of Georgia. Any sheriff of any county of this state who retires under honorable conditions after having attained the age of 75 years and after having served as sheriff for 45 or more years shall automatically hold the honorary office of sheriff emeritus of the State of Georgia.
(b)
Any person holding honorary office as sheriff emeritus of the State of Georgia shall upon application to the Secretary of State be issued a special certificate evidencing such honorary office.
(c)
The honorary office of sheriff emeritus of the State of Georgia shall not constitute the holding of public office or public employment for the purposes of any other law of this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-50 - Short title

This article shall be known and may be cited as the "Sheriff Offices' Nomenclature Act of 1997."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-51 - Use of sheriff's office name

It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any sheriff's office or with a member thereof when in fact the individual or organization is not the sheriff's office or a member thereof. Furthermore, the sheriff's office, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the sheriff's office, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any sheriff office's name or any term used to identify the sheriff's office or its members without the express permission of the sheriff. The provisions of this article are in furtherance of the promotion of this policy.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-52 - Definitions

As used in this article, the term:
(1)
"Badge" means any official badge used in the past or present by members of any sheriff's office.
(2)
"Emblem" means any official patch or other emblem worn currently or formerly or used by the sheriff's office to identify the office or its employees.
(3)
"Office" means any sheriff's office.
(4)
"Person" means any person, corporation, organization, or political subdivision of this state.
(5)
"Sheriff" means the sheriff of any county in this state.
(6)
"Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the sheriff that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-53 - Unauthorized use of sheriff's office name a violation

Whoever, except with the express written permission of the sheriff, knowingly uses words pertaining to such sheriff's office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the sheriff's office shall be in violation of this article.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-54 - Symbol, seal, or badge of sheriff's office; unauthorized use

The sheriff, at his or her sole discretion, shall determine any symbol, seal, badge, or other nomenclature to be used by the sheriff's office so long as the use of any such nomenclature is not in violation of any other state or federal law. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the sheriff's office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, political endorsement, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the office without written permission from the sheriff shall be in violation of this article.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-55 - Requests to use sheriff's office symbols

Any person wishing permission to use either sheriff's office nomenclature or symbols may request such permission in writing to the chief deputy sheriff or other person designated by the sheriff. Within 15 calendar days after receipt of the request, the chief deputy sheriff shall serve notice on the requesting party of his or her recommendation to the sheriff on whether the person may use the nomenclature or the symbol. Within 30 calendar days after receipt of the recommendation of the chief deputy sheriff, the sheriff shall serve notice on the requesting party of the decision on whether the person may use the nomenclature or the symbol. If the sheriff does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under this Code section or Code Section
15-16-53
or
15-16-54
shall be in the discretion of the sheriff under such conditions as established by the sheriff.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-56 - Injunction to restrain violation

Whenever there shall be an actual or threatened violation of Code Section
15-16-53
or
15-16-54
, the sheriff shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-57 - Civil penalty; attorney's fees

In addition to any other relief or sanction for a violation of Code Section
15-16-53
or
15-16-54
, where the violation is willful, the sheriff shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the sheriff shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The sheriff shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-58 - Damages recoverable for unauthorized use of symbols

Any person who has given money or any other item of value to another person due in part to such person's use of a sheriff's office nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 3 - SHERIFF OFFICES' NOMENCLATURE (§§ 15-16-50 — 15-16-59) › Section 15-16-59 - Violation a felony; penalty

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-1 - District attorney as successor to solicitor-general

The district attorney is the successor to the office of solicitor-general as it existed prior to July 1, 1977.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-2 - Oath of office

The district attorney shall take the following oath:
"I do swear that I will faithfully and impartially and without fear, favor, or affection discharge my duties as district attorney and will take only my lawful compensation. So help me God."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-3 - Qualifications

To be eligible to fill the office of district attorney, a person must:
(1)
Have been a resident citizen of this state three years just preceding his election or appointment;
(2)
Permanently reside in the circuit at the time of his election or appointment;
(3)
Have attained the age of 25 years;
(4)
Have been duly admitted and licensed to practice law in the superior courts for at least three years; and
(5)
If previously disbarred from the practice of law, have been reinstated as provided by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-4 - Effect of attachment of county of residence to different circuit

A person who has been appointed or elected district attorney of any circuit cannot be deprived of his office by the attachment of the county in which he resides to a different judicial circuit. In such a case, the district attorney shall continue to discharge the duties of his office as though he resided in the circuit.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-4.1 - District attorney performing ordered military duty

(a)
Any district attorney who is performing ordered military duty, as defined in Code Section
38-2-279
, shall be eligible for reelection in any election, primary or general, which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office.
(b)
Where the giving of written notice of candidacy is required, any district attorney who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-7 - Representation of state in criminal cases removed to federal court

Whenever any criminal prosecution commenced by this state against any person for a violation of the laws of this state is removed to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code, it shall be the duty of the district attorney of the circuit from which the case was removed, in association with the Attorney General, to appear for the state as the prosecuting officers of the state. The expenses incurred by the district attorney as actual costs in the prosecution of any such case shall be paid by the state out of such funds as may be provided for the operation of the superior courts or as otherwise may be provided by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-9 - Authority to enter nolle prosequi

The district attorney has authority, on the terms prescribed by law, to enter a nolle prosequi on indictments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-10 - Compensation of district attorneys; private practice of law prohibited

(a)
Each district attorney shall receive an annual salary from state funds as prescribed by law. Such salary shall be paid as provided in Code Sections
15-18-10.1
and
15-18-19
.
(b)
The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater.
(c)
The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments and remit the same to the county treasury by the fifteenth day of each month.
(d)
No district attorney receiving an annual salary under this Code section shall engage in the private practice of law.
Amended by 2015 Ga. Laws 138,§ 1-5, eff. only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-10.1 - Annual accountability supplement; exception

(a)
Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the district attorney in such circuit an annual accountability court supplement of $6,000.00. Such supplement shall be paid from state funds by the Prosecuting Attorneys' Council of the State of Georgia in equal monthly installments as regular compensation.
(b)
Notwithstanding Code Sections
15-18-14
and
15-18-14.2
, the accountability court salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant district attorneys or victim assistance coordinators that is measured as a percentage of a district attorney's salary.
(c)
When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a district attorney's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government.
(d)
Notwithstanding subsection (b) of Code Section
15-18-10
and Code Section
15-18-19
, on or after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to the district attorney or a state-paid position appointed pursuant to this article, if such supplement is $50,000.00 or more.
Amended by 2015 Ga. Laws 138,§ 1-6, eff. only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-11 - Supplementation of compensation for services under Code Section 19-11-23

In addition to any other compensation or county supplement provided by law, any county, by appropriate action of the county governing authority, is authorized to supplement from county funds the salary of the district attorney for the judicial circuit in which the county lies for services performed by the district attorney pursuant to Code Section
19-11-23
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-13 - Payment of costs in appellate courts

The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-14.2 - Victim assistance coordinator

(a)
Subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapters 15, 17, and 18 of Title 17 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be compensated by the state in the same manner as other state paid personnel appointed pursuant to this article from such funds as may be appropriated for such purpose or as are otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel.
(b)
Subject to the provisions of Code Section
15-18-19
, the district attorney shall fix the compensation of each person appointed pursuant to this Code section; provided, however, that the maximum salary for any such position shall not exceed 70 percent of the annual salary of the district attorney from state funds.
(c)
Each person employed as a victim assistance coordinator or victims' advocate 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.
(d)
Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section.
Amended by 2008 Ga. Laws 564,§ 8, eff. 7/1/2008.
Amended by 2004 Ga. Laws 519, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-16 - Substitution of assistant on death or resignation of district attorney

Upon the death or resignation of a district attorney, the chief assistant district attorney or, if there is no chief assistant district attorney, the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his or her name until such official's successor is appointed or elected and qualified. An assistant district attorney performing the duties of a deceased or resigned district attorney shall be compensated as provided for acting district attorneys in subsection (b) of Code Section
15-18-15
.
Amended by 2006 Ga. Laws 572,§ 3, eff. 4/27/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-17 - Employment of administrative personnel generally

(a)
Each district attorney is authorized to employ such administrative, clerical, and paraprofessional personnel as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia based on funds appropriated by the General Assembly or otherwise available for such purposes; provided, however, that each district attorney shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.
(b)
Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section
15-18-19
.
(c)
All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section
15-18-19
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-18 - [Reserved] Alternate hiring procedure for secretaries

Repealed and reserved by 2008 Ga. Laws 564,§ 9, 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 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-20 - Additional personnel as state employees

(a)
The district attorney in each judicial circuit may employ such additional assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The district attorney shall define the duties and fix the title of any attorney or other employee of the district attorney's office.
(b)
Personnel employed by the district attorney pursuant to this Code section shall serve at the pleasure of the district attorney and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the district attorney with the approval of the county or counties comprising the judicial circuit.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-20.1 - Additional personnel for district attorney's office

Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Prosecuting Attorneys' Council of the State of Georgia to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
Amended by 2006 Ga. Laws 572,§ 4, eff. 4/27/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-21 - Qualifications of attorneys and investigators employed by district attorney

(a)
Any assistant district attorney, deputy district attorney, or other attorney at law employed by the district attorney who is compensated in whole or in part by state funds shall not engage in the private practice of law.
(b)
Any assistant district attorney, deputy district attorney, or any other attorney at law employed by the district attorney shall be a member of the State Bar of Georgia, admitted to practice before the appellate courts of this state, shall serve at the pleasure of the district attorney, and shall have such authority, powers, and duties as may be assigned by the district attorney.
(c)
Any investigator employed by the district attorney's office and authorized by the district attorney 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 and shall serve at the pleasure of the district attorney.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-23 - Office expenses

The governing authority of the county or counties comprising each judicial circuit shall provide all offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the district attorney in an orderly and efficient manner.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-24 - Liability of district attorney; failure to comply as ground for impeachment

If a district attorney fails to comply with Code Section
15-18-6
, he is liable to rule as are attorneys at law, with all the penalties and remedies applicable thereto. Failure to comply with the terms of a rule absolute within 20 days from the time it becomes final shall be a ground for impeachment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-25 - Fine for failure to attend courts

If a district attorney fails to attend on the courts of his circuit as required, without just cause, he is liable to be fined $50.00 for each failure, to be retained out of his salary.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-26 - Taking money or thing of value in exchange for official actions; ground for impeachment

If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a "true bill" or "no bill" upon an indictment, or to make or not to make a presentment, or to postpone or delay a state case or an arrest, or to advise that it be done or how it may be done, and an indictment is handed down or a presentment is made to this effect, the district attorney shall be disqualified from further discharging his or her official duties until a trial is had upon the indictment or presentment. If the trial results in a conviction, he or she shall be fined and imprisoned, at the discretion of the court. Such a conviction is also a ground for impeachment. The disqualification shall continue until the adjournment of the next session of the General Assembly. It shall be the duty of the clerk of the court to certify immediately such proceedings to the Governor.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-27 - Allegation of indictable offense committed by district attorney or staff member; procedure if true bill found

(a)
When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused has committed the alleged offense or the grand jury files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections
45-11-4
and
45-15-11
, it shall be the duty of the court to notify the Attorney General as provided in Code Section
15-18-5
.
(b)
If a true bill is found, the case shall proceed as other criminal cases and upon conviction shall proceed as provided by Code Section
45-5-6.1
.
Amended by 2002 Ga. Laws 942, § 2, 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 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-28 - Personnel positions continuation after April 11, 1990

(a)
Notwithstanding any other provisions of law to the contrary, each personnel position in the office of a district attorney, which position exists or was created or authorized on or after April 11, 1990, whether pursuant to the provisions of Code Section
15-18-14
,
15-18-14.1
, or
15-18-17
or pursuant to any general or local Act applicable to a judicial circuit or any county thereof, shall continue to exist or be authorized within such judicial circuit until otherwise provided by law.
(b)
For purposes of this subsection, a personnel position shall be each personnel position in the office of a district attorney which is continued pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of law to the contrary, if a judicial circuit, or portion thereof, is merged with, consolidated with, or otherwise becomes a part of:
(1)
Only one other judicial circuit, that other judicial circuit shall have transferred to it those personnel positions for the judicial circuit, or portion thereof, which has been merged with, consolidated with, or otherwise become a part of it; or
(2)
More than one other judicial circuit, those other judicial circuits shall have equitably allocated to them by the Prosecuting Attorneys' Council of the State of Georgia those personnel positions for the judicial circuit, or portion thereof, which has been merged with, consolidated with, or otherwise become a part of them.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-29 - Honorary office of district attorney emeritus

(a)
There is created the honorary office of district attorney emeritus of the State of Georgia. Any district attorney of this state who retires under honorable conditions after having served as a prosecuting attorney for 20 or more years shall automatically hold the honorary office of district attorney emeritus of the State of Georgia.
(b)
Any person holding the honorary office of district attorney emeritus of the State of Georgia shall, upon application to the Secretary of State, be issued a special certificate evidencing such honorary office.
(c)
The honorary office of district attorney emeritus of the State of Georgia shall not constitute the holding of public office or public employment for the purpose of any other law of this state.
(d)
The provisions of this Code section shall not affect the status or duties of any person appointed district attorney emeritus or solicitor-general emeritus pursuant to Article 4 of Chapter 12 of Title 47.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 18 - PROSECUTING ATTORNEYS (§§ 15-18-1 — 15-18-99) › Article 1 - GENERAL PROVISIONS (§§ 15-18-1 — 15-18-32) › Section 15-18-31 - Referrals to defensive driving programs

When a prosecuting attorney determines that prosecution of a traffic offense, or municipal ordinance involving a traffic offense, is or is not warranted, and regardless of whether a court order is entered for such offense or a referral is made to a pretrial intervention, pretrial release, pretrial diversion program, or other similar pretrial program, a prosecuting attorney may condition any other action regarding such offense upon the satisfactory completion of a defensive driving course or defensive driving program approved by the Department of Driver Services but shall not be authorized to mandate the completion of any other driving program.
Added by 2014 Ga. Laws 624,§ 1-2, eff. 7/1/2014.
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 15-18-40 - Prosecuting Attorneys' Council established; purpose and functions

(a)
The Prosecuting Attorneys' Council of the State of Georgia is established.
(b)
It shall be the purpose of the council to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state; such assistance may include:
(1)
The obtaining, preparation, supplementation, and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Georgia and other courts, statutes, and legal authorities relating to criminal matters;
(2)
The preparation and distribution of a basic prosecutor's manual and other educational materials;
(3)
The preparation and distribution of model indictments, search warrants, interrogation devices, and other common and appropriate documents employed in the administration of criminal justice at the trial level;
(4)
The promotion of and assistance in the training of prosecuting attorneys;
(5)
The provision of legal research assistance to prosecuting attorneys;
(6)
The provision of such assistance to law enforcement agencies as may be lawful; and
(7)
The provision of such other assistance to prosecuting attorneys as may be authorized by law.
(c)
The council:
(1)
Shall be the fiscal officer for the prosecuting attorneys and shall prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the district attorneys' and solicitors-general's offices; and
(2)
From such funds as may be appropriated or otherwise available for the operation of prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose.
(d)
Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article 1 of this chapter or solicitors-general shall be transferred to and performed by the council.
Amended by 2008 Ga. Laws 564,§ 12, eff. 7/1/2008.
Amended by 2008 Ga. Laws 564,§ 11, 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 2 - PROSECUTING ATTORNEYS' COUNCIL (§§ 15-18-40 — 15-18-47) › Section 15-18-41 - Composition of council; election and term of office; filling of vacancies; removal

(a)
The council shall be composed of nine members, six of whom shall be district attorneys and three of whom shall be solicitors or solicitors-general of courts of record.
(b)
The initial six district attorney members of the council shall be selected with two members being appointed for a term of four years, two members being appointed for a term of three years, and two members being appointed for a term of two years. The initial three solicitor or solicitor-general members shall be selected with one member being appointed for a term of three years and one member being appointed for a term of two years.
(c)
Following the terms of the initial members who take office on July 1, 1975, the term of office of each member of the council shall be for a period of four years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Members of the council shall take office on the first day of July following their election as a member. No prosecutor member of the council shall be eligible to succeed himself for a consecutive term as a member.
(d)
In the event a vacancy occurs in the prosecutor membership of the council as a result of death, resignation, removal, or failure of reelection as a prosecutor, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon his election.
(e)
The council may, by two-thirds' vote of the members, remove any member of the council for failure to attend meetings, misconduct, incompetency, or neglect of duty.
Amended by 2008 Ga. Laws 564,§ 13, eff. 7/1/2008.