O.C.G.A.

O.C.G.A. § 15-18-21 (2019)

Qualifications of attorneys and investigators employed by district attorney

✓ 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.

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(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.

History

(Code 1933, § 24-2919, enacted by Ga. L. 1977, p. 1257, § 8.)

Annotations

Cross references. - Regulation of practice of law generally, § 15-19-50 et seq. 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). Cited in Hudson v. State, 248 Ga. 397, 283 S.E.2d 271 (1981).

Notes of Decisions

Cited in 6 cases, 1984–2009 · leading case: State v. Cook, 323 S.E.2d 634 (Ga. Ct. App. 1984).

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State v. Cook, 323 S.E.2d 634 (Ga. Ct. App. 1984). · cites it 12× “" OCGA § 15-18-21 (a). No contention is made that employment by the Council constitutes "private practice of law" such as would disqualify the four individuals from their initial appointment to serve as Special Assistant District Attorneys.”

Clark v. Head, 526 S.E.2d 859 (Ga. 2000). · cites it 2× “The pertinent code sections do not provide for an attorney to be hired as an independent contractor and specifically provide, as does OCGA § 15-18-21 (b), that all assistant district attorneys serve at the pleasure of the district attorney.”

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 4× “Next, the DA contends that Reddick is disqualified from the private practice of law because, as a DA pro tem, he is compensated with state funds, and under OCGA § 15-18-21(a), "[a]ny assistant district attorney, deputy district attorney, or other attorney at law employed by the…”

State v. Redd, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 4× “Next, the DA contends that Reddick is disqualified from the private practice of law because, as a DA pro tem, he is compensated with state funds, and under OCGA § 15-18-21 (a), “[a]ny assistant district attorney, deputy district attorney, or other attorney at law employed by the…”

In re C. E. H., 677 S.E.2d 318 (Ga. Ct. App. 2009). · cites it 2× “OCGA §§ 15-18-21; 15-18-72. See Baker v. State, 257 Ga.”

In Re Ceh, 677 S.E.2d 318 (Ga. Ct. App. 2009). · cites it 2× “[9] OCGA §§ 15-18-21; 15-18-72. [10] Singer v.”

— 15-18-21(a) — 1 case

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). “Next, the DA contends that Reddick is disqualified from the private practice of law because, as a DA pro tem, he is compensated with state funds, and under OCGA § 15-18-21(a), "[a]ny assistant district attorney, deputy district attorney, or other attorney at law employed by the…”

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.