O.C.G.A.

O.C.G.A. § 15-18-27 (2019)

Allegation of indictable offense committed by district attorney or staff member; procedure if true bill found

✓ 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) When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused has committed the alleged offense or the grand jury files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections 45-11-4 and 45-15-11, it shall be the duty of the court to notify the Attorney General as provided in Code Section 15-18-5. (b) If a true bill is found, the case shall proceed as other criminal cases and upon conviction shall proceed as provided by Code Section 45-5-6.1.

History

(Orig. Code 1863, § 360; Code 1868, § 421; Code 1873, § 386;

Code 1882, § 386; Penal Code 1895, § 807; Penal Code 1910, § 807; Code 1933, § 24-2918; Ga. L. 1996, p. 382, § 4; Ga. L. 2002, p. 1211, § 2.)

Annotations

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 subsection (a) of O.C.G.A. § 15-18-27 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).

RESEARCH REFERENCES ALR. - Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or

being investigated for, criminal or impeachable offense, 84 ALR3d 115.

Notes of Decisions

Cited in 3 cases, 2000–2002 · leading case: Schwindler v. State, 563 S.E.2d 154 (Ga. Ct. App. 2002).

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Schwindler v. State, 563 S.E.2d 154 (Ga. Ct. App. 2002). · cites it 2× “Since the complaint was based largely on the same grounds asserted in Schwindler’s motion for new trial, the trial court acquiesced and ordered that it was consolidating the probable cause hearing on the complaint (see OCGA § 15-18-27 (a)) with the hearing on the motion for new…”

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 4× “We granted the DA's interlocutory appeal to address the issue of whether an attorney appointed by a presiding judge as a DA pro tem assigned pursuant to OCGA § 15-18-27(a) to prosecute criminal acts allegedly committed by a district attorney and/or his staff is precluded from…”

State v. Redd, 534 S.E.2d 473 (Ga. Ct. App. 2000). · cites it 4× “We granted the DA’s interlocutory appeal to address the issue of whether an attorney appointed by a presiding judge as a DA pro tern assigned pursuant to OCGA § 15-18-27 (a) to prosecute criminal acts allegedly committed by a district attorney and/or his staff is precluded from…”

— 15-18-27(a) — 1 case

State v. Reddick, 534 S.E.2d 473 (Ga. Ct. App. 2000). “We granted the DA's interlocutory appeal to address the issue of whether an attorney appointed by a presiding judge as a DA pro tem assigned pursuant to OCGA § 15-18-27(a) to prosecute criminal acts allegedly committed by a district attorney and/or his staff is precluded from…”

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.