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2018 Georgia Code 15-18-65 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-18-65 Case Law from Google Scholar Amendments to OCGA 15-18-65

TITLE 15 COURTS

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

ARTICLE 3 SOLICITORS-GENERAL OF STATE COURTS

15-18-65. Disqualification; solicitor-general pro tempore.

  1. When a solicitor-general's office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section 15-18-30, or other competent attorney to act in place of the solicitor-general, or may designate an attorney from the Department of Law. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply.
  2. A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county.
  3. A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or employee of the Department of Law shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys.
  4. Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided by Chapter 7 of Title 5.

(Code 1981, §15-18-65, enacted by Ga. L. 1996, p. 748, § 2; Ga. L. 2002, p. 1211, § 4.)

JUDICIAL DECISIONS

Recusal of prosecutor.

- Trial court's order vacating the recusal of the prosecutor was reversed because the defendant had no standing to challenge the recusal and the trial court lacked authority to vacate the Georgia Attorney General's appointment of a prosecuting attorney pro tempore under O.C.G.A. § 15-18-65(d) following the voluntary recusal of the prosecutor's office pursuant to § 15-18-65(a). State v. Mantooth, 337 Ga. App. 698, 788 S.E.2d 584 (2016).

Georgia Court of Appeals believes the determination of whether screening measures would be sufficient in this case or whether recusal of the entire office is necessary is best left to the individual prosecuting attorney; counsel is in the best position professionally and ethically to determine when a conflict of interest exists or will probably develop in the course of a trial. State v. Mantooth, 337 Ga. App. 698, 788 S.E.2d 584 (2016).

Although O.C.G.A. § 15-18-65(d) recognizes that trial courts retain the inherent authority to disqualify an attorney who is legally disqualified, trial courts no longer have the same discretion to do so and must specify the legal basis of such order which is then subject to interlocutory appellate review. State v. Mantooth, 337 Ga. App. 698, 788 S.E.2d 584 (2016).

Georgia Court of Appeals has specifically held that a defendant does not have a substantive right to have their case tried by a specific prosecutor so as to make notice necessary in order to oppose the solicitor-general's disqualification. State v. Mantooth, 337 Ga. App. 698, 788 S.E.2d 584 (2016).

Disclosure of conflict not required.

- There is nothing in O.C.G.A. § 15-18-65 that requires that when a prosecutor seeks disqualification or appointment of a special prosecutor based upon a conflict of interest on the part of the prosecutor, that the prosecutor's conflict of interest must be disclosed to the defendant. Nel v. State, 252 Ga. App. 761, 557 S.E.2d 44 (2001).

Cases Citing Georgia Code 15-18-65 From Courtlistener.com

Total Results: 1

Jackson v. Crutchfield

Court: Supreme Court of Georgia | Date Filed: 1937-05-15

Citation: 184 Ga. 412, 191 S.E. 468, 1937 Ga. LEXIS 546

Snippet: dissent in L. & N. R. Co. v. Willbanks, 133 Ga. 15, 18 (65 S. E. 86, 24 L. R. A. (N. S.) 374, 17 Ann. Cas