O.C.G.A.

O.C.G.A. § 47-12-80 (2019)

Retirement from the office of district attorney and appointment to the office of district attorney emeritus; term of office as district attorney emeritus

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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) 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.

(b) All persons appointed as district attorney emeritus shall hold such office for life.

History

(Ga. L. 1949, p. 780, § 3.)

Annotations

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.