2021 Georgia Code
Title 15 - Courts
Chapter 18 - Prosecuting Attorneys
Article 1 - General Provisions
§ 15-18-7. Representation of State in Criminal Cases Removed to Federal Court
Whenever any criminal prosecution commenced by this state against any person for a violation of the laws of this state is removed to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code, it shall be the duty of the district attorney of the circuit from which the case was removed, in association with the Attorney General, to appear for the state as the prosecuting officers of the state. The expenses incurred by the district attorney as actual costs in the prosecution of any such case shall be paid by the state out of such funds as may be provided for the operation of the superior courts or as otherwise may be provided by law.
(Ga. L. 1882-83, p. 98, §§ 1, 2; Code 1933, § 24-2909; Ga. L. 1977, p. 1257, § 5.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Prosecuting Attorneys, § 23 et seq.
C.J.S.- 27 C.J.S., District and Prosecuting Attorneys, § 32 et seq.
ALR.
- Necessity that condition, as regards jurisdictional amount, of right of removal of case from state to federal court, shall have existed at time of commencement of action, 107 A.L.R. 1115.
Time for filing petition for removal of action from state to federal courts as affected by extension of time for pleading, 108 A.L.R. 966.
Separable controversy for purpose of removal from state to federal court as arising out of action in which nonresident master or principal is joined as defendant with a resident servant or agent, 110 A.L.R. 188.
Anticipatory relief in federal courts against state criminal prosecutions growing out of civil rights activities, 8 A.L.R.3d 301.
