Lawful practice defined.

- Three-year practice requirement, one of the qualifications for district attorney, of Ga. Const. 1976, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I), and this section contemplates lawful practice and lawful practice is defined as the practice of law as an active member of the State Bar of Georgia in good standing. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

Denial of eligibility read in light of constitutional requirements.

- Denial of eligibility to one "who has not been duly admitted and licensed to practice law in the superior courts for at least three years" must be read in the light of the higher requirement of Ga. Const. 1945, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I). Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

Intent of legislature when the legislature imposed the three-year practice as a requirement for the district attorney post was to ensure that the individuals who were elected to the office of district attorney would be experienced in the practice of law before the courts in which they would be required to perform their functions as district attorneys. It would be contrary to this intent to allow individuals who have not been licensed to practice before the superior courts to include their practice time in other states as partial satisfaction of Ga. Const. 1976, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I) and this section. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

Three-year practice requirement does not include legal practice in other states. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

No eligibility for office if attorney never registers nor pays license fee.

- If an attorney never registers with nor pays any license fee to the State Bar, any practice of law which the attorney may have engaged in is unlawful and the attorney is ineligible for the office of district attorney. Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

Cited in Stokes v. Fortson, 234 F. Supp. 575 (N.D. Ga. 1964).

Assistant must meet qualification to fill office of district attorney.

- Assistant district attorney may be appointed district attorney pro tempore if the assistant district attorney meets the qualifications provided for in this section and resigns from the present position as assistant district attorney. 1977 Op. Att'y Gen. No. U77-50.

"Competent attorney" defined.

- "Competent attorney" under former Code 1933, §§ 24-2913 and 24-2914 (see now O.C.G.A. § 15-18-5) would be one who meets the qualifications for the office of district attorney set forth in former Code 1933, § 24-2901 (see now O.C.G.A. § 15-18-3). 1977 Op. Att'y Gen. No. U77-50.

Third-year practice does not affect eligibility for office of district attorney.

- Third-year law student who served as a legal assistant to a district attorney pursuant to former Code 1933, § 9-401.2 (see now O.C.G.A. § 15-18-22) did not thereby become "duly admitted and licensed to practice law in the superior courts" for the purposes of determining eligibility to the office of district attorney under former Code 1933, § 24-2901 (see now O.C.G.A. § 15-18-3). 1976 Op. Att'y Gen. No. 76-28.

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prosecuting Attorneys, § 7 et seq.

ALR.

- Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562.