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

O.C.G.A. § 15-18-92 (2019)

Criteria for appointment; consent

✓ 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) Any person appointed as the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state.

(b) Notwithstanding the provisions of subsection (a) of Code Section 15-18-21 or subsection (b) of Code Section 15-18-72, an assistant district attorney or assistant solicitor-general may be appointed as the prosecuting attorney of a municipal court with the prior written consent of the district attorney or solicitor-general who employs such assistant district attorney or assistant solicitor-general. Such consent may be withdrawn at any time by the employing district attorney or solicitor-general. Notice that consent for such appointment is being withdrawn shall be done in writing to the governing authority of such municipality not less than 30 days prior to the day that such assistant district attorney or assistant solicitor-general shall cease to serve as the prosecuting attorney of a municipal court.

History

(Code 1981, § 15-18-92, enacted by Ga. L. 2012, p. 53, § 4/SB 352; Ga. L. 2013, p. 141, § 15/HB 79.)

Annotations

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted

‘‘subsection (b) of Code Section 15-18-72’’ for ‘‘subsection (b) of 15-18-72’’ in the first sentence of subsection (b).