2020 Georgia Code
Title 15 - Courts
Chapter 18 - Prosecuting Attorneys
Article 3 - Solicitors-General of State Courts
§ 15-18-71. Additional Personnel and Employees

Universal Citation: GA Code § 15-18-71 (2020)
  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

Open Records Act not applicable.

- Trial court did not err in dismissing a complaint which alleged that various state legislative offices violated Georgia's Open Records Act, O.C.G.A. § 50-14-1 et seq., because the General Assembly and its offices were not subject to the Open Records Act as Georgia's Sunshine Law was not applicable to the General Assembly; nowhere in the Open Records Act and the Open Meetings Act did the General Assembly plainly identify itself as subject to either Act; and the addition of the word "office" to the list of state divisions did not somehow bring the offices of the General Assembly within the scope of the Open Records Act and Open Meetings Act. Inst. for Justice v. Reilly, 351 Ga. App. 317, 830 S.E.2d 793 (2019), cert. denied, No. S19C1559, 2020 Ga. LEXIS 146 (Ga. 2020).

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).

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