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2018 Georgia Code 47-12-80 | Car Wreck Lawyer

TITLE 47 RETIREMENT AND PENSIONS

Section 12. District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia, 47-12-1 through 47-12-101.

ARTICLE 5 APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES

47-12-80. Retirement from the office of district attorney and appointment to the office of district attorney emeritus; term of office as district attorney emeritus.

  1. A person who desires to resign from the office of district attorney and accept appointment as a district attorney emeritus shall so advise the Governor in writing. The Governor shall appoint to such position any district attorney who is eligible under Code Section 47-12-60. Upon such appointment and the issuance of a commission by the Governor, the resignation shall automatically become effective.
  2. All persons appointed as district attorney emeritus shall hold such office for life.

(Ga. L. 1949, p. 780, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Appointment effective upon resignation.

- Because the word "shall" is mandatory, appointment as district attorney emeritus becomes effective on the date the district attorney resigns. 1965-66 Op. Att'y Gen. No. 66-212.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Officers and Employees, § 90. 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq.

C.J.S.

- 27 C.J.S., District and Prosecuting Attorneys, §§ 5, 17 et seq.

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