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2018 Georgia Code 15-18-71 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 3 SOLICITORS-GENERAL OF STATE COURTS

15-18-71. Additional personnel and employees.

  1. The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attorney or other employee of the solicitor-general's office.
  2. Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act.
  3. All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing.
  4. All assistant solicitors-general and investigators shall, in addition to any oath prescribed by Chapter 3 of Title 45, take and subscribe to the following oath:

    "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.",

    which shall be filed in accordance with Chapter 3 of Title 45.

(Code 1981, §15-18-71, enacted by Ga. L. 1996, p. 748, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, a comma was added at the end of the first undesignated paragraph in subsection (d).

JUDICIAL DECISIONS

Termination of employee.

- Employee who was hired by a county solicitor general under O.C.G.A. § 15-18-71 was not an employee of the county, and the solicitor general did not bring the employee into the county's civil service system under O.C.G.A. § 36-1-21(b). Therefore, the employee lacked a protected property interest in the job and could be terminated without cause and without a hearing. Thomas v. Lee, 286 Ga. 860, 691 S.E.2d 845 (2010).

Cases Citing O.C.G.A. § 15-18-71

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Thomas v. Lee, 691 S.E.2d 845 (Ga. 2010).

Cited 12 times | Published | Supreme Court of Georgia | Mar 1, 2010 | 286 Ga. 860, 2010 Fulton County D. Rep. 515

...rdinance or resolution. (Footnote omitted.) Yates, supra, 265 Ga. at 507(1), 458 S.E.2d 791(b). In this case, Lee is an elected county officer who had the statutory authority to hire Thomas and define her duties and responsibilities pursuant to OCGA § 15-18-71....
...[2] Thomas also brought federal constitutional claims, but they have since been dismissed and the dismissal has been affirmed by the 11th Circuit. In addition to this action, Thomas also filed a separate case regarding her right to unemployment benefits. [3] OCGA § 15-18-71 states: (a) The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other empl...