2021 Georgia Code
Title 15 - Courts
Chapter 18 - Prosecuting Attorneys
Article 1 - General Provisions
§ 15-18-10. Compensation of District Attorneys; Private Practice of Law Prohibited

1. Each district attorney shall receive an annual salary from state funds as prescribed by law. Such salary shall be paid as provided in Code Sections 15-18-10.1 and 15-18-19.
2. The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater.
3. The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments and remit the same to the county treasury by the fifteenth day of each month.
4. No district attorney receiving an annual salary under this Code section shall engage in the private practice of law.

(Code 1933, § 24-2905, enacted by Ga. L. 1977, p. 1257, § 2; Ga. L. 1997, p. 1319, § 3; Ga. L. 2015, p. 919, § 1-5/HB 279.)

The 2015 amendment, substituted "Code Sections 15-18-10.1 and 15-18-19" for "Code Section 15-18-19" at the end of subsection (a); and deleted the former first sentence of subsection (c), which read: "All fees, fines, forfeitures, costs, and commissions formerly allowed district attorneys for their services as district attorney or as solicitor of any other court shall become the property of the county in which the services of the district attorney were rendered." See editor's note for effective date.

- Compensation and allowances of district attorneys, Ga. Const. 1983, Art. VI, Sec. VIII, Para. I.

Annual salary of district attorneys, § 45-7-4(a)(21).

- Ga. L. 2015, p. 919, § 4-1(b)(1) and (2)/HB 279, not codified by the General Assembly, provides: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.

"(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016." Funds were appropriated at the 2015 session of the General Assembly.

- For article, "Annual Survey of Georgia Law: June 1, 2015 - May 31, 2016: Special Contribution: Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals," see 68 Mercer L. Rev. 1 (2016).

JUDICIAL DECISIONS

Appointed attorney not precluded from private practice.

- Attorney appointed by a presiding judge as a part-time district attorney pro tempore assigned pursuant to O.C.G.A. § 15-18-27(a) to prosecute criminal acts allegedly committed by a district attorney and/or the district attorney's staff is not precluded from the private practice of criminal law for the duration of the appointment. State v. Redd, 243 Ga. App. 809, 534 S.E.2d 473 (2000).

If a district attorney pro tempore has been appointed, the district attorney is still paid by the state if the district attorney has not resigned or abandoned the district attorney's office. 1977 Op. Att'y Gen. No. U77-50.

- District attorney should not serve as special master in condemnation case. 1970 Op. Att'y Gen. No. U70-39.

- For a discussion of the respective duties of the prosecuting attorney, sheriff, and clerk of court in the collection of fines and forfeitures in criminal cases, see 1983 Op. Att'y Gen. No. U83-62.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 15, 16.

- 27 C.J.S., District and Prosecuting Attorneys, §§ 64, 70.