O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-18-40 (2019)

Prosecuting Attorneys' Council established; purpose and functions

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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) The Prosecuting Attorneys' Council of the State of Georgia is established.

(b) It shall be the purpose of the council to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state; such assistance may include:

(1) The obtaining, preparation, supplementation, and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Georgia and other courts, statutes, and legal authorities relating to criminal matters;

(2) The preparation and distribution of a basic prosecutor's manual and other educational materials;

(3) The preparation and distribution of model indictments, search warrants, interrogation devices, and other common and appropriate documents employed in the administration of criminal justice at the trial level;

(4) The promotion of and assistance in the training of prosecuting attorneys;

(5) The provision of legal research assistance to prosecuting attorneys;

(6) The provision of such assistance to law enforcement agencies as may be lawful; and

(7) The provision of such other assistance to prosecuting attorneys as may be authorized by law.

(c) The council:

(1) Shall be the fiscal officer for the prosecuting attorneys and shall prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the district attorneys' and solicitors-general's offices; and

(2) From such funds as may be appropriated or otherwise available for the operation of prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose.

(d) Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article 1 of this chapter or solicitors-general shall be transferred to and performed by the council.

History

(Ga. L. 1975, p. 1623, § 1; Ga. L. 1997, p. 1319, § 15; Ga. L. 2008, p. 577, §§ 11, 12/SB 396.)

Annotations

Law reviews. - For comment, "Discretion Versus Supersession: Calibrating the Power Balance Between Local Prosecutors and State Officials," see 68 Emory L.J. 95 (2018).

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1984–2025 · 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 14× “The District Attorney for the Eastern Judicial Circuit (District *434 Attorney) appointed Director Chambers to a position designated as "Special Assistant District Attorney" for that circuit. This appointment of Director Chambers was, according to its terms, "for the purpose of…”
Musson v. Jones, No. 4:22-cv-00124, 2023 WL 2587490 (S.D. Ga. Mar. 21, 2023). · cites it 6× “See O.C.G.A. § 15-18-40. Moreover, this Court is bound by Eleventh Circuit precedent stating that, “where a state legislative body creates a public entity and declares it to be separate and distinct, that declaration should be entitled to a significant degree of deference,…”
John Clark v. Peter J. Skandalakis, 921 S.E.2d 458 (Ga. Ct. App. 2025). · cites it 4× “OCGA § 15-18-40 (a) (establishing the PAC); OCGA § 15-18-40 (b) (“It shall be the purpose of the council to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state”); see also Floam, 319 Ga.”
15-18-40(a): 1 case
Musson v. Jones, No. 4:22-cv-00124, 2023 WL 2587490 (S.D. Ga. Mar. 21, 2023). “See O.C.G.A. § 15-18-40. Moreover, this Court is bound by Eleventh Circuit precedent stating that, “where a state legislative body creates a public entity and declares it to be separate and distinct, that declaration should be entitled to a significant degree of deference,…”
15-18-40(b): 1 case
Musson v. Jones, No. 4:22-cv-00124, 2023 WL 2587490 (S.D. Ga. Mar. 21, 2023). “See O.C.G.A. § 15-18-40. Moreover, this Court is bound by Eleventh Circuit precedent stating that, “where a state legislative body creates a public entity and declares it to be separate and distinct, that declaration should be entitled to a significant degree of deference,…”
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.