O.C.G.A.
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.
(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.
History
(Code 1933, § 24-2919, enacted by Ga. L. 1977, p. 1257, § 8; Ga. L. 1992, p. 1020, § 1; Ga. L. 2000, p. 1521, § 4.)
Annotations
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, not-
withstanding 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.
Notes of Decisions
Jeff Peppers v. Cobb Cnty., Georgia, 835 F.3d 1289 (11th Cir. 2016).
· cites it 3× “Ga. Code Ann. § 15-18-20 (a) (“The district attorney in each judicial circuit may employ such additional .”
State v. Cook, 323 S.E.2d 634 (Ga. Ct. App. 1984).
· cites it 16× “" OCGA § 15-18-20. The Special Assistant District Attorneys in the instant case receive no compensation from Chatham County, and it is therefore clear that OCGA § 15-18-20.”
Greater Georgia Amusements, LLC v. State, 728 S.E.2d 744 (Ga. Ct. App. 2012).
· cites it 6× “*120 OCGA § 15-18-20 provides: (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…”
State of Ga. v. Goolsby, 381 S.E.2d 299 (Ga. Ct. App. 1989).
· cites it 4× “) OCGA § 15-18-20 (a). Appellee was not appointed to serve as a full-time general employee of the district attorney.”
Wilson v. Southerland, 371 S.E.2d 382 (Ga. 1988).
· cites it 4× “OCGA § 15-18-20 allows district attorneys to employ additional personnel 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.”
Amusement Sales, Inc. v. State, 730 S.E.2d 430 (Ga. Ct. App. 2012).
· cites it 2× “As an alternative ground for disqualification, Amusement Sales argues that the district attorney lacked authority to appoint the SAD As in this case because the governing authority *737 of Emanuel County never properly approved of their appointment as required by OCGA §…”
Clark v. Head, 526 S.E.2d 859 (Ga. 2000).
· cites it 2× “Clark’s only argument on appeal regarding that conclusion is that he was not employed pursuant to that section, but was employed as an independent contractor pursuant to OCGA § 15-18-20 (a), which provides as follows: The district attorney in each judicial circuit may employ…”
Owens v. Fulton Cnty., 690 F. Supp. 1024 (N.D. Ga. 1988).
“§ 15-18-20 (1982). 6 . Georgia law, in addition to establishing superi- or courts and district attorneys whose judicial districts cross county boundaries, creates state courts of the counties and magistrates courts whose districts correspond to a single county.”
Greater Georgia Amusements, LLC v. State of Ga (Ga. Ct. App. 2012).
· cites it 6× “OCGA § 15-18-20 provides: (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,…”
Gonzalez v. Miller, 907 S.E.2d 859 (Ga. 2024).
“”); § 15-18-20 (a) (“The district attorney shall define the duties and fix the title of any attorney or other employee of the district attorney’s office.”
Musson v. Jones (S.D. Ga. 2023).
· cites it 2× “” O.C.G.A. § 15-18-20(b). Furthermore, the Supreme Court of Georgia has clarified that, as a general rule, “employees of constitutionally elected officers of a county are considered employees of the elected officer and not employees of the county.”
Amusement Sales, Inc. v. State of Georgia (Ga. Ct. App. 2012).
· cites it 2× “Again, we find this Court’s reasoning in Greater Georgia Amusements, LLC to be persuasive. 19 3. Amusement Sales claims that the trial court erred in its charge to the jury on the “innocent party” defense.”
— 15-18-20(a) — 1 case
— 15-18-20(b) — 1 case
Musson v. Jones (S.D. Ga. 2023).
“” O.C.G.A. § 15-18-20(b). Furthermore, the Supreme Court of Georgia has clarified that, as a general rule, “employees of constitutionally elected officers of a county are considered employees of the elected officer and not employees of the county.”
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