O.C.G.A.

O.C.G.A. § 15-18-10 (2019)

(For effective date, see note.) Compensation of district attorneys; private practice of law prohibited

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) (For effective date, see note.) 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) (For effective date, see note.) 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.

History

(Code 1933, § 24-2905, enacted by Ga. L. 1977, p. 1257, § 2; Ga. L. 1997, p. 1319, § 3; Ga. L. 2015, p. 919, § 1-5/HB 279.)

Annotations

Cross references. - Compensation and allowances of district attorneys, Ga.

Const. 1983, Art. VI, Sec. VIII, Para. I. Annual salary of district attorneys, § 45-7-4(a)(21). Editor’s notes. - Ga. L. 2015, p. 919, § 4-1(b)(1) and (2)/HB 279, not codified by the General Assembly, provides: ‘‘(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly. ‘‘(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016.’’ Funds were appropriated at the 2015 session of the General Assembly.

JUDICIAL DECISIONS Appointed attorney not precluded from private practice. - Attorney appointed by a presiding judge as a part-time district attorney pro tempore assigned pursuant to O.C.G.A. § 15-18-27(a) to prosecute criminal acts

allegedly committed by a district attorney and/or the district attorney’s staff is not precluded from the private practice of criminal law for the duration of the appointment. State v. Redd, 243 Ga. App. 809, 534 S.E.2d 473 (2000).

OPINIONS OF THE ATTORNEY GENERAL If a district attorney pro tempore has been appointed, the district attorney is still paid by the state if the district attorney has not resigned or abandoned the district attorney’s office. 1977 Op. Att’y Gen. No. U77-50. Special master in condemnation case. - District attorney should not serve as special master in condemnation case. 1970 Op. Att’y Gen. No. U70-39.

Duties of those collecting fines and forfeitures. - For a discussion of the respective duties of the prosecuting attorney, sheriff, and clerk of court in the collection of fines and forfeitures in criminal cases, see 1983 Op. Att’y Gen. No. U83-62.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 15, 16.

C.J.S. - 27 C.J.S., District and Prosecuting Attorneys, §§ 64, 70.

Notes of Decisions

Cited in 8 cases, 1984–2004 · leading case: Calvin Lewis Owens, Jr. v. Fulton Cnty., 877 F.2d 947 (11th Cir. 1989).

Sort: Relevance Newest Treatment

Calvin Lewis Owens, Jr. v. Fulton Cnty., 877 F.2d 947 (11th Cir. 1989). “O.C.G.A. § 15-18-10 (1982). In contrast, Texas district attorneys are compensated by county funds, although their salaries are partly reimbursed by the state.”

Nave v. State, 318 S.E.2d 753 (Ga. Ct. App. 1984). · cites it 2× “’ ” (OCGA § 15-18-6 delineates the duties of the district attorney and OCGA § 15-18-10 indicates the lawful compensation.”

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 10× “" The DA argues that under OCGA § 15-18-5(b), a DA pro tem "is subject to all laws governing district attorneys" and that under OCGA § 15-18-10(d), no district attorney "shall engage in the private practice of law.”

State v. Redd, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 10× “” The DA argues that under OCGA § 15-18-5 (b), a DA pro tern “is sub *811 ject to all laws governing district attorneys” and that under OCGA § 15-18-10 (d), no district attorney “shall engage in the private practice of law.”

In re Laurens Cnty. April-June 2001 & July-September 2001 Grand Jury, 598 S.E.2d 915 (Ga. Ct. App. 2004). · cites it 2× “I, and the salary of each district attorney is set by State law, OCGA §§ 15-18-10; 15-18-19, although it may be supplemented locally.”

State v. Redd, 546 S.E.2d 68 (Ga. Ct. App. 2001). · cites it 2× “* 1 The State *313 claimed that the trial court’s order conflicted with OCGA §§ 15-18-10 (d) and 15-18-21 (a), as well as with ethical proscriptions against dual representation which result in a per se conflict of interest.”

Owens v. Fulton Cnty., 690 F. Supp. 1024 (N.D. Ga. 1988). · cites it 2× “§ 15-18-10 (1982). Also contrary to Texas law, the majority of the judicial circuits over which the Georgia district attorney has authority are comprised of more than one county, usually three or more.”

Dep't of Human Resources v. Brown, 443 S.E.2d 685 (Ga. Ct. App. 1994). · cites it 2× “154, 156 (3) ( 210 SE2d 340 ) (1974); OCGA §§ 15-18-10 (d); 15-18-21 (a). Because the superior court’s order embraces issues and a party (the mother) not properly before it, and requires the district attorney to represent a private party without legal authority, it is erroneous.”

— 15-18-10(d) — 1 case

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). “" The DA argues that under OCGA § 15-18-5(b), a DA pro tem "is subject to all laws governing district attorneys" and that under OCGA § 15-18-10(d), no district attorney "shall engage in the private practice of law.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.