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

O.C.G.A. § 15-18-74 (2019)

Liability; immunity from suit; liability insurance or contracts of indemnity

✓ 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) If a solicitor-general fails to carry out the duties of office as provided in subsection (a) of Code Section 15-18-66 without just cause, the solicitor-general shall be liable to rule as are attorneys at law.

(b) If a solicitor-general fails to attend court as required by law without just cause, the solicitor-general is liable to be fined $50.00 for each failure, to be retained out of the solicitor-general's salary.

(c) Solicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys.

(d) The Prosecuting Attorneys' Council of the State of Georgia is authorized to purchase policies of liability insurance or contracts of indemnity or to participate in the state insurance and indemnification program established pursuant to Chapter 9 of Title 45 on behalf of the solicitors-general of the state courts and their staffs when engaged in the performance of their official duties. The council shall pay any premiums out of such funds as may be available for the support of the district attorneys and solicitors-general of this state.

History

(Code 1981, § 15-18-74, enacted by Ga. L. 1996, p. 748, § 2.)

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ARTICLE 4 PRETRIAL INTERVENTION AND DIVERSION PROGRAM

Annotations

Cross references. - District attorneys generally, Ga. Const. 1983, Art. VI, Sec. VIII. Role of prosecuting attorney in

Applicability of article. Creation of office of prosecuting attorney of municipal court; term; cooperative efforts. Criteria for appointment; consent. Oath of office. Employment status; additional duties. Disqualification or incapacity of prosecuting attorney; substitution. Authority of prosecuting attorney. Compensation for prosecuting attorney. Appointment of staff. Qualifications of prosecutors.

delinquency proceedings, § 15-11-473. Compensation and allowances for district attorneys, § 45-7-1 et seq.

ARTICLE 1 GENERAL PROVISIONS

Law reviews. - For note on the 1995 amendments and enactments of Code sections in this article, see 12 Ga. St. U.L. Rev. 158 (1995). For note on 2000 amend-

ments of O.C.G.A. §§ 15-18-14, 15-18-14.1, 15-18-17, and 15-18-20, see 17 Ga. St. U.L. Rev. 80 (2000).

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: McSmith v. Brown, 732 S.E.2d 839 (Ga. Ct. App. 2012).
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McSmith v. Brown, 732 S.E.2d 839 (Ga. Ct. App. 2012). · cites it 2× “OCGA § 15-18-74 (c) provides that “[s]olicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys.”
Derek McSmith v. Greg Brown, No. A12A1140 (Ga. Ct. App. Oct. 3, 2012). · cites it 2× “OCGA § 15-18-74 (c) provides that “[s]olicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys.”
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.