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2018 Georgia Code 15-18-27 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-18-27 Case Law from Google Scholar Amendments to OCGA 15-18-27

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-18-27. Allegation of indictable offense committed by district attorney or staff member; procedure if true bill found.

  1. 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.
  2. 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.

(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.)

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 A.L.R.3d 115.

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