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2018 Georgia Code 15-18-20 | Car Wreck Lawyer

TITLE 15 COURTS

Section 18. Prosecuting Attorneys, 15-18-1 through 15-18-99.

ARTICLE 1 GENERAL PROVISIONS

15-18-20. Additional personnel as state employees.

  1. 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.
  2. 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.

(Code 1933, § 24-2919, enacted by Ga. L. 1977, p. 1257, § 8; Ga. L. 1992, p. 1020, § 1; Ga. L. 2000, p. 1521, § 4.)

JUDICIAL DECISIONS

Judicial denial of budget cuts deemed proper.

- Trial court exercised proper caution in denying a requested writ of mandamus to require county commissioners to restore budget cuts for the district attorney's office. Wilson v. Southerland, 258 Ga. 479, 371 S.E.2d 382 (1988).

No provision allowing citizen to procure private practitioner to file appeal in name of state.

- If the state, through the state's authorized legal arm, does not wish to appeal and takes no action in the matter, there is no provision of law allowing a private citizen to procure the services of a private practitioner to file appeals in the name of the state, that being the constitutional and statutory duty of the office of the district attorney. State v. Trice, 150 Ga. App. 588, 258 S.E.2d 270 (1979).

Special prosecutor may take part in prosecution of case on behalf of state, and by inference an appeal therefrom, if the prosecutor is subject to the direction and control of the district attorney. State v. Trice, 150 Ga. App. 588, 258 S.E.2d 270 (1979).

Special counsel not entitled to workers' compensation benefits.

- Attorney appointed by district attorney as special counsel was an independent contractor and not entitled to workers' compensation benefits since the attorney was not appointed to serve as a full-time general employee of the district attorney, notwithstanding the attorney's appointment, the attorney maintained the attorney's private law practice and the district attorney defined the attorney's duties as relating exclusively to the conduct of the criminal investigation of the local sheriff and the district attorney fixed the attorney's title as special counsel for that particular investigation, and the control of that investigation was intended to be in the hands of the attorney rather than of the district attorney. State v. Goolsby, 191 Ga. App. 161, 381 S.E.2d 299 (1989).

Cited in Hudson v. State, 248 Ga. 397, 283 S.E.2d 271 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Additional assistants are county employees.

- Since the hiring of the employees is authorized by the county, and these employees are paid directly by the county, the employees are county employees. 1979 Op. Att'y Gen. No. U79-12.

Part-time assistant district attorneys.

- District attorney may appoint a part-time assistant district attorney to prosecute traffic cases in the probate court if requested by the judge of the probate court. If the assistant is compensated solely by county funds, the assistant can engage in the private practice of law except as a conflict of interest may arise due to the assistant's responsibilities as an assistant district attorney. 1991 Op. Att'y Gen. No. U91-6.

Cases Citing Georgia Code 15-18-20 From Courtlistener.com

Total Results: 3

Gonzalez v. Miller

Court: Supreme Court of Georgia | Date Filed: 2024-10-22

Snippet: be transferred to a state paid position.”); § 15-18-20 (a) (“The district attorney shall define the duties

Clark v. Head

Court: Supreme Court of Georgia | Date Filed: 2000-02-28

Citation: 272 Ga. 104, 526 S.E.2d 859, 2000 Fulton County D. Rep. 825, 2000 Ga. LEXIS 127

Snippet: as an independent contractor pursuant to OCGA § 15-18-20 (a), which provides as follows: The district attorney

Wilson v. Southerland

Court: Supreme Court of Georgia | Date Filed: 1988-09-07

Citation: 371 S.E.2d 382, 258 Ga. 479, 1988 Ga. LEXIS 363

Snippet: first to the statute books for an answer. OCGA § 15-18-20 allows district attorneys to employ additional