reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-121 - [Repealed] Procedure when judge fails to draw jurors

Amended by 2011 Ga. Laws 50,§ 1-40, eff. 7/1/2011 and repealed 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-122 - Demand of jury panels from which to select jury in civil actions in the state courts and the superior courts

(a)
(1)
Except as provided in paragraph (2) of this subsection, in all civil actions in the state courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. In all cases the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of six persons is impaneled to try the case.
(2)
In all civil actions in the state courts in which the claim for damages is greater than $50,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section.
(b)
In all civil actions in the superior courts, each party may demand a full panel of 24 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury. In all cases the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of 12 persons is impaneled to try the case.
Amended by 2023 Ga. Laws 339,§ 1, eff. 7/1/2023, app. to all civil actions that may be brought or are pending in state courts on or after 7/1/2023.
Amended by 2004 Ga. Laws 564, § 15, eff. 5/13/2004.
Amended by 2002 Ga. Laws 821,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-123 - Demand of jury panels in civil actions in the state courts

(a)
Except as provided in subsection (b) of this Code section, in all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury.
(b)
In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts as provided in subsection (b) of Code Section
15-12-122
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-124 - [Repealed] Tales jurors in civil actions

Amended by 2011 Ga. Laws 50,§ 1-41, eff. 7/1/2011 and repealed 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-124.1 - Insufficient number of persons to complete panel of trial jurors

On and after July 1, 2012, when from challenge or from any other cause there is not a sufficient number of persons in attendance to complete a panel of trial jurors, the clerk shall choose and cause to be summoned additional prospective trial jurors.
Added by 2011 Ga. Laws 50,§ 1-42, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-125 - Demand of jury panels for misdemeanor trials

For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused and the state shall each have the right to challenge three jurors peremptorily. The accused and the state shall exercise their challenges as provided in Code Section
15-12-166
. The remaining six jurors shall constitute the jury.
Amended by 2011 Ga. Laws 50,§ 1-43, eff. 7/1/2011.
Added by 2005 Ga. Laws 8,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-126 - [Repealed] Additional jurors in misdemeanor cases

Amended by 2011 Ga. Laws 50,§ 1-44, eff. 7/1/2011 and repealed 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-126.1 - Absence of panels of trial jurors in misdemeanor cases; choosing and summoning make-up panels

On and after July 1, 2012, when the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where jurors, or any part of a panel, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The clerk shall choose and cause to be summoned additional prospective trial jurors.
Added by 2011 Ga. Laws 50,§ 1-45, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-127 - through 15-12-129 - [Reserved]

Reserved. Repealed by Ga. L. 2011, p. 59, §§ 1-46--1-48/HB 415, effective July 1, 2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-129.1 - Prolonged session of court of record; choosing and summoning prospective jurors

On and after July 1, 2012, whenever the session of any court of record is prolonged beyond the week or period for which jurors were electronically selected at the close of the preceding term, or where the judge anticipates that the same is about to be so prolonged, or where from any other cause the court has convened or is about to convene and there have been no jurors chosen for the same, the clerk, in the same manner prescribed for choosing prospective jurors at the close of the regular term, shall choose the names of prospective jurors and shall cause them to be summoned.
Added by 2011 Ga. Laws 50,§ 1-49, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-130 - [Repealed] When prospective jurors selected for service in superior courts may serve in other courts with concurrent jurisdiction

Amended by 2011 Ga. Laws 50,§ 1-50, eff. 7/1/2011 and repealed 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-130.1 - Competence and qualifications of prospective jurors in superior court to serve in other courts of concurrent jurisdiction; applicability

(a)
On and after July 1, 2012, in any county of this state where there is located any court or courts having county-wide jurisdiction concurrent with the superior courts of this state to try any, all, or any type of case not within the exclusive jurisdiction of the superior courts of this state, any prospective trial juror chosen and summoned for service in the trial of civil and criminal cases in the superior court of such county shall be legally competent and qualified to serve as a prospective juror in any such other court or courts located in the county for the same period of time as he or she is competent and qualified to serve as a prospective trial juror in the superior court of the county.
(b)
Subsection (a) of this Code section shall be applicable only if an order is entered by the judges of the affected courts identifying the courts in which prospective jurors may serve.
Added by 2011 Ga. Laws 50,§ 1-51, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-131 - Examination of jurors in panels

In the examination of individual jurors by counsel for the parties in civil and criminal cases, as provided in Code Section
15-12-164
, applicable to felonies, and Code Section
15-12-133
, applicable to all cases, it shall be the duty of the court, upon the request of either party, to place the jurors in the jury box in panels of 12 at a time, so as to facilitate their examination by counsel.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-132 - Oath of jury on voir dire

Each panel, prior to commencing voir dire, shall take the following oath:
"You shall give true answers to all questions as may be asked by the court or its authority, including all questions asked by the parties or their attorneys, concerning your qualifications as jurors in the case of __________________ (herein state the case). So help you God."
This oath shall be administered by the trial judge or the clerk.
Amended by 2011 Ga. Laws 50,§ 1-52, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-133 - Right to individual examination of panel; matters of inquiry

In all civil cases, the parties thereto shall have the right to an individual examination of the panel of prospective jurors from which the jury is to be selected, without interposing any challenge. In all criminal cases, both the state and the accused shall have the right to an individual examination of each prospective juror from which the jury is to be selected prior to interposing a challenge. The examination shall be conducted after the administration of a preliminary oath to the panel or in criminal cases after the usual voir dire questions have been put by the court. In the examination, the counsel for either party shall have the right to inquire of the individual prospective jurors examined touching any matter or thing which would illustrate any interest of the prospective juror in the case, including any opinion as to which party ought to prevail, the relationship or acquaintance of the prospective juror with the parties or counsel therefor, any fact or circumstance indicating any inclination, leaning, or bias which the prospective juror might have respecting the subject matter of the action or the counsel or parties thereto, and the religious, social, and fraternal connections of the prospective juror.
Amended by 2011 Ga. Laws 50,§ 1-53, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-134 - Challenge of juror in civil case for desire or expression of opinion as to which party should prevail; hearing

In all civil cases it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail or that he has a wish or desire as to which shall succeed. Upon challenge made by either party upon either of these grounds, it shall be the duty of the court to hear the competent evidence respecting the challenge as shall be submitted by either party, the juror being a competent witness. The court shall determine the challenge according to the opinion it entertains of the evidence adduced thereon.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-135 - Disqualification for relationship to interested party

(a)
All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the third degree as computed according to the civil law. Relationship more remote shall not be a disqualification.
(b)
Notwithstanding subsection (a) of this Code section, any juror, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case when there is no defense filed unless one of the parties to the case objects to the related juror.
Amended by 2016 Ga. Laws 369,§ 6, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-136 - Competency of county residents when county is interested in case

All inhabitants of a county who are competent jurors in other cases shall be competent jurors in any case in which the county is a party or is interested in its capacity as a corporation or a quasi-corporation.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-137 - Competency of resident of municipal corporation interested in case

Being a citizen or resident of a municipal corporation shall not render a person incompetent to serve as a juror in cases in which the municipal corporation is a party or is interested.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-137.1 - Jury service by members of electric membership corporation

A member of an electric membership corporation shall not be incompetent, based solely on such membership, to serve as a juror in a case in which the electric membership corporation is a party or is interested; provided, however, that if the judge in such case finds that the nature of the case or that the circumstances surrounding a potential juror's membership in an electric membership corporation may cause a potential juror to have a bias or prejudice for or against the electric membership corporation in that case, the judge may grant a party's motion to disqualify such member for cause.
Added by 2009 Ga. Laws 119,§ 1, eff. 5/4/2009.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-138 - Oath of jury panel

Each panel of the trial jury shall take the following oath:
"You shall well and truly try each case submitted to you during the present term and a true verdict give, according to the law as given you in charge and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party, provided you are not discharged from the consideration of the case submitted. So help you God."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-139 - Oath in criminal case

In all criminal cases, the following oath shall be administered to the trial jury:
"You shall well and truly try the issue formed upon this bill of indictment (or accusation) between the State of Georgia and (name of accused), who is charged with (here state the crime or offense), and a true verdict give according to the evidence. So help you God."
The judge or clerk shall administer the oath to the jurors.
Amended by 2011 Ga. Laws 50,§ 1-54, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-140 - Oath of bailiffs

The following oath shall be administered to all bailiffs on duty in any court in this state conducting a jury trial:
"You shall take all juries committed to your charge to the jury room or some other private and convenient place designated by the court and you shall not allow the jurors to receive any books, papers, nourishment, or hydration other than water, or to use any electronic communication device except as directed and approved by the court. You shall make no communication with the jurors nor permit anyone to communicate with the jurors except as specifically authorized by the court. You shall discharge all other duties which may devolve upon you as bailiff to the best of your skill and power. So help you God."
Amended by 2013 Ga. Laws 248,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-141 - Jury deliberation rooms; furnishing food and beverages

The governing authority of each county shall provide facilities for the impaneling of juries and for their deliberations. Jury deliberation rooms shall ensure the privacy of the jurors and include space, furnishings, and facilities conducive to reaching a fair verdict. The deliberation rooms shall be safe and secure. To the extent feasible, juror facilities shall be arranged to minimize contact between jurors and parties, counsel, and the public. While the jury is deliberating, the presiding judge may direct them to be furnished with such food and nonalcoholic beverages as the judge shall think proper.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 1 - IN GENERAL (§§ 15-12-120 — 15-12-142) › Section 15-12-142 - Separation and confinement

(a)
At any time during the trial of a civil or criminal case, except in capital cases, either before or during jury deliberation, the judge may, in his discretion, allow the jury to be separated and the members thereof to be dispersed under appropriate instructions.
(b)
Where during the trial of a civil or criminal case it is necessary to hold and confine the jury overnight under supervision of court officers, the court may, in its discretion, require or permit the segregation of the jurors according to age or sex, or both, under such circumstances as the court deems necessary and proper.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-160 - [Repealed] Required panel of jurors in felony trial; summoning prospective jurors when necessary

Amended by 2011 Ga. Laws 50,§ 1-55, eff. 7/1/2011 and repealed 7/1/212.
Added by 2005 Ga. Laws 8,§ 5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-160.1 - Impanelling jurors for criminal trials; choosing and summoning prospective jurors if necessary to fill panel

On and after July 1, 2012, when any person stands indicted for a felony, the court shall have impaneled 30 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain fewer than 12 qualified jurors to try the case, the clerk shall choose and cause to be summoned such numbers of persons who are competent prospective jurors as may be necessary to provide a full panel or successive panels. In making up the panel or successive panels, the clerk shall choose the names of prospective trial jurors in the same manner as prospective trial jurors are chosen and cause such persons to be summoned.
Added by 2011 Ga. Laws 50,§ 1-56, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-161 - Clerk to provide names of prospective jurors and identifying information to prosecutor and accused

The clerk shall provide the prosecuting attorney and the accused with the names and identifying information relative to prospective jurors for the case being tried.
Amended by 2011 Ga. Laws 50,§ 1-57, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-162 - Challenge to the array

The accused may, in writing, challenge the array for any cause going to show that it was not fairly or properly impaneled or ought not to be put upon him. The court shall determine the sufficiency of the challenge at once. If sustained, a new panel shall be ordered; if not sustained, the selection of jurors shall proceed.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-163 - Challenges for cause; hearing of evidence; when objection may be made

(a)
When each juror is called, he shall be presented to the accused in such a manner that he can be distinctly seen.
(b)
The state or the accused may make any of the following objections to the juror:
(1)
That the juror is not a citizen, resident in the county;
(2)
That the juror is under 18 years of age;
(3)
That the juror is incompetent to serve because of mental illness or intellectual disability, or that the juror is intoxicated;
(4)
That the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify the juror by law from serving on the jury;
(5)
That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror's civil rights have not been restored; or
(6)
That the juror is unable to communicate in the English language.
(c)
It shall be the duty of the court to hear immediately such evidence as is submitted in relation to the truth of these objections; the juror shall be a competent witness for this purpose. If the judge is satisfied of the truth of any objection, the juror shall be set aside for cause.
Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-164 - Questions on voir dire; setting aside juror for cause

(a)
On voir dire examination in a felony trial, the jurors shall be asked the following questions:
(1)
"Have you, for any reason, formed and expressed any opinion in regard to the guilt or innocence of the accused?" If the juror answers in the negative, the question in paragraph (2) of this subsection shall be propounded to him;
(2)
"Have you any prejudice or bias resting on your mind either for or against the accused?" If the juror answers in the negative, the question in paragraph (3) of this subsection shall be propounded to him;
(3)
"Is your mind perfectly impartial between the state and the accused?" If the juror answers this question in the affirmative, he shall be adjudged and held to be a competent juror in all cases where the authorized penalty for the offense does not involve the life of the accused; but when it does involve the life of the accused, the question in paragraph (4) of this subsection shall also be put to him;
(4)
"Are you conscientiously opposed to capital punishment?" If the juror answers this question in the negative, he shall be held to be a competent juror.
(b)
Either the state or the accused shall have the right to introduce evidence before the judge to show that a juror's answers, or any of them, are untrue. It shall be the duty of the judge to determine the truth of such answers as may be thus questioned before the court.
(c)
If a juror answers any of the questions set out in subsection (a) of this Code section so as to render him incompetent or if he is found to be so by the judge, he shall be set aside for cause.
(d)
The court shall also excuse for cause any juror who from the totality of the juror's answers on voir dire is determined by the court to be substantially impaired in the juror's ability to be fair and impartial. The juror's own representation that the juror would be fair and impartial is to be considered by the court but is not determinative.
Amended by 2011 Ga. Laws 50,§ 1-58, eff. 7/1/2011.
Amended by 2005 Ga. Laws 8,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-165 - Number of peremptory challenges

Every person accused of a felony may peremptorily challenge nine of the jurors impaneled to try him or her. The state shall be allowed the same number of peremptory challenges allowed to the accused; provided, however, that in any case in which the state announces its intention to seek the death penalty, the accused may peremptorily challenge 15 jurors and the state shall be allowed the same number of peremptory challenges.
Amended by 2011 Ga. Laws 50,§ 1-59, eff. 7/1/2011.
Added by 2005 Ga. Laws 8,§ 7, eff. 7/1/2005.
Added by 2005 Ga. Laws 8,§ 7, eff. 7/1/2005.
Added by 2005 Ga. Laws 8,§ 7, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-166 - Jurors not challenged to be sworn

If a juror is found competent and is not challenged peremptorily by the state, he shall be put upon the accused. Unless he is challenged peremptorily by the accused, the juror shall be sworn to try the case.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-167 - Time for challenge and hearing thereon

If known to a party or his counsel, any objections to a juror for cause shall be made before the juror is sworn in the case. After a juror has been found competent, no other or further investigation before triers or otherwise shall be had, provided that newly discovered evidence to disprove the juror's answer or to show him incompetent may be heard by the judge at any time before the prosecuting counsel submits any of his evidence in the case. If the juror is proved incompetent, the judge shall order him to withdraw from the jury and shall cause another juror to be selected.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-168 - Authority to call alternate jurors

Whenever in the opinion of a judge of a superior court any felony trial is likely to be a protracted one, immediately after the jury has been impaneled and sworn the court shall direct the calling of one or more additional jurors to be known as "alternate jurors."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-169 - [Repealed] Manner of selecting alternate jurors

Amended by 2011 Ga. Laws 50,§ 1-60, eff. 7/1/2011 and repealed 7/1/2012.
Added by 2005 Ga. Laws 8,§ 8, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-169.1 - Choosing of alternate jurors; peremptory challenges

On and after July 1, 2012, alternate jurors shall be chosen from the same county master jury list and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shall be determined by the court. The state and the accused shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The peremptory challenges allowed to the state and to the accused in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the accused and to the state as provided by law. When two or more accused are tried jointly, the number and manner of exercising peremptory challenges shall be determined as provided in Code Section
17-8-4
.
Added by 2011 Ga. Laws 50,§ 1-61, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-170 - Oath and duties of alternate jurors; expense allowance

Alternate jurors shall take the same oath as the jurors already selected. They shall be seated near the jury, with equal opportunity for seeing and hearing the proceedings, and shall attend at all times upon the trial with the jury. They shall obey all orders and admonitions of the court to the jury. When the regular jurors are ordered kept together in any case, the alternate jurors shall also be kept in confinement with the regular jurors. Alternate jurors shall receive the same expense allowance as do the regular jurors.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-171 - Discharge or separate custody of alternate jurors upon submission of verdict

Upon final submission of the case to the jury, the alternate jurors shall not retire with the jury of 12 for deliberation but may be discharged. However, if the court deems it advisable, it may direct that one or more of the alternate jurors be kept in the custody of the sheriff or one or more court officers, separate and apart from the regular jurors, until the jury has agreed upon a verdict.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 12 - JURIES (§§ 15-12-1 — 15-12-172) › Article 5 - TRIAL JURIES (§§ 15-12-120 — 15-12-172) › Part 2 - JURIES IN FELONY CASES (§§ 15-12-160 — 15-12-172) › Section 15-12-172 - Replacement of incapacitated jurors; effect of replacement

If at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated. Further replacements shall be made in similar numerical sequence provided the alternate jurors have not been discharged. An alternate juror taking the place of any incapacitated juror shall thereafter be deemed to be a member of the jury of 12 and shall have full power to take part in the deliberations of the jury and the finding of the verdict. Any verdict found by any jury having thereon alternate jurors shall have the same force, effect, and validity as if found by the original jury of 12.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-1 - Officers of court liability

All sheriffs, deputy sheriffs, coroners, jailers, constables, and other officers of court shall be liable to all actions and disabilities which they incur in respect of any matter or thing relating to or concerning their respective offices.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-2 - Liability of sheriffs to damage action or contempt

Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by:
(1)
Making a false return;
(2)
Neglecting to arrest a defendant;
(3)
Neglecting to levy on the property of the defendant;
(4)
Neglecting to pay over to the plaintiff or his attorney any moneys collected by the sheriff by virtue of any fi. fa. or other legal process; or
(5)
Neglecting to make a proper return of any writ, execution, or other process put into the hands of the sheriff.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-3 - Demand for money collected; interest from date of demand; verified copy as evidence

(a)
If any sheriff, coroner, magistrate, constable, clerk of the superior court, or attorney at law fails, upon application, to pay to the proper person or his attorney any money he may have in his hands which he may have collected by virtue of his office, the party entitled thereto or his attorney may serve such officer with a written demand for the same. If not then paid, for such neglect or refusal the officer shall be compelled to pay interest at the rate of 20 percent per annum upon the sum he has in his hands from the date of the demand, unless good cause is shown to the contrary.
(b)
A copy of the demand produced in court, verified by affidavit stating when and where the original was served upon the officer, shall be prima-facie evidence of the date and service thereof.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-4 - Rule nisi; service

The judges of the superior courts, judges of the probate courts, and magistrates, respectively, upon application, may grant rules nisi against all officers subject thereto, which rules nisi shall contain a full statement of the case in which the officer is called upon to show cause and also of the time and place of hearing. The officer called on by the rule nisi shall be served with a copy thereof within a reasonable time before the hearing.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-5 - Verified answer; jury trial; disposition

The officer called on by rule nisi, as provided in Code Section
15-13-4
, shall fully respond in writing to the rule, which answer shall be under oath taken at the time the answer is filed. If the answer is not denied, the rule shall be discharged or shall be made absolute, depending on whether the court deems the answer sufficient. The movant of the rule may traverse the truth of the answer, in which case an issue shall be made and tried by a jury at the same term unless good cause for continuance is shown, which may be done only once by each party. Upon the trial of such issue the court shall discharge the rule or shall make the rule absolute, depending on whether the verdict of the jury is for or against the officer.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-6 - When rule absolute granted without notice

If a sheriff or other officer designedly absents himself from his court, the presiding judge or justice, when required by plaintiffs in execution or their attorneys, shall grant a rule absolute against the sheriff or other officer without the notice provided for in Code Section
15-13-4
unless it is proved at such term of the court that the sheriff or other officer, from sickness, is not able to attend the court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-7 - Liability of magistrates and constables to rule nisi

Magistrates and constables shall be considered officers of the superior court so far as to be subject to be ruled under similar conditions as are provided in relation to any other officer of the court and shall be subject to all the penalties as are provided in case of a rule absolute against sheriffs and other officers of the court when they, or either of them, refuse or neglect to collect or to pay over any money which they may have received or collected in their official capacities.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-8 - Retired officers subject to court order

Sheriffs, deputy sheriffs, coroners, clerks of the superior courts, magistrates, and constables shall be subject to the rule and order of the courts at any and all times after they have retired from their respective offices, in such cases and in like manner as they would have been had they remained in office.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-9 - Deputy sheriff's liability; effect on sheriff

All deputy sheriffs shall be liable to be ruled and attached in the same way and manner as sheriffs. However, the liability of the sheriff shall not be affected by any such proceeding against his deputy when the same is not effective.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-10 - Appointment of special officer to execute rule or order against sheriff or deputy

Whenever the sheriff or his deputy is a party to any rule or is interested therein and there is no coroner or other lawful officer of the county to execute the same, it shall be the duty of the judge or justice of the court to appoint pro tempore a special officer to carry out and effectuate the order of the court, for which the appointed officer shall be allowed the usual fees of sheriffs for like service.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-11 - Rule absolute as lien on officer's property

When a rule absolute has been obtained against any officer for the payment of money, as provided in Code Sections
15-13-4
and
15-13-5
, the rule shall constitute the same lien upon the property, both real and personal, of the officer as an ordinary judgment at law; and, if not punctually paid, the demand shall thereafter draw interest at the rate of 20 percent per annum. The plaintiff may have either an attachment or an execution issued upon the rule absolute and may have either of the processes returned and the other issued, at pleasure.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-12 - Date of lien against officer's property

Unless otherwise provided by law, a rule absolute granted against a sheriff, constable, or other officer who has defaulted in his duty shall constitute a lien on his property from the date of rendition but shall be of equal date with other judgments rendered against the officer within the same term of court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-13 - When officer may pay money over to plaintiff; claims; distribution by court; effect on notified parties

(a)
Where money is in the hands of an officer, he may pay it over to the plaintiff by whose process it was raised, unless other claimants deposit their liens with him. Notice to retain is insufficient unless accompanied by a lien.
(b)
Money raised by legal process not being subject to levy and sale, the court in making distribution shall proceed upon equitable principles.
(c)
All parties intervening shall, by appropriate pleading, set forth the ground of their claim to the fund.
(d)
All persons interested who are notified in writing by the sheriff or movant of the pendency of the rule shall be bound by the judgment of distribution.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 1 - LIABILITY FOR OFFICIAL ACTS (§§ 15-13-1 — 15-13-14) › Section 15-13-14 - Punishment for improper return or failure to pay over money received

If any sheriff or other officer fails to make a proper return of all writs, executions, and other processes put into his hands or fails to pay over all moneys received on such executions on his being required to do so by the court, he shall be liable for contempt and may be fined, imprisoned, or removed from office in the manner prescribed by the Constitution and laws of this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-30 - Fees not generally charged to state; exceptions

None of the fees which clerks of the superior courts, sheriffs, deputy sheriffs, bailiffs, magistrates, or constables are entitled to charge and collect for the performance of their official duties shall be charged to the state for failure to collect from the person charged unless it has been otherwise expressly declared by law or unless the nature of the fees is such that they must necessarily be so paid by the state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-31 - Receipt for fees to be given; penalty

Every public official mentioned in Code Section
15-13-30
, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such neglect or refusal, to be demanded in court within 12 months and recovered by the person paying the fees and making the demand.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-32 - Penalty for excessive fees

If a public official mentioned in Code Section
15-13-30
takes or demands any greater fee than the law allows or a fee for services not performed, he shall forfeit $50.00, to be demanded in court and recovered as prescribed in Code Section
15-13-31
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-33 - Table of fees to be kept

(a)
Every public official shall constantly keep and have posted in a conspicuous place in his or her office, the place where the business thereof is conducted, or in an electronic format accessible to the public a table of fees for his or her office stated in fair words and figures.
(b)
Every public official who keeps in a conspicuous place in his office or the place where he usually executes the business thereof a copy of this Code shall be held and construed to have complied with the requirements of this Code section.
Amended by 2012 Ga. Laws 599,§ I-1-29, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-34 - Treble costs against plaintiffs

When an action based on Code Sections
15-13-30
through
15-13-33
is brought against a public official and a judgment is rendered in favor of the official, the person who brought the action shall pay three times the ordinary costs.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-35 - Demanding excessive costs; penalty

Except as otherwise provided by law, any officer of court who knowingly demands, as costs from a defendant in a criminal case, fees to which such officer is not entitled and any prosecuting attorney who demands or receives any fee or costs on any criminal case which has not been tried by a trial jury or otherwise finally disposed of shall be guilty of a misdemeanor.