If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a "true bill" or "no bill" upon an indictment, or to make or not to make a presentment, or to postpone or delay a state case or an arrest, or to advise that it be done or how it may be done, and an indictment is handed down or a presentment is made to this effect, the district attorney shall be disqualified from further discharging his or her official duties until a trial is had upon the indictment or presentment. If the trial results in a conviction, he or she shall be fined and imprisoned, at the discretion of the court. Such a conviction is also a ground for impeachment. The disqualification shall continue until the adjournment of the next session of the General Assembly. It shall be the duty of the clerk of the court to certify immediately such proceedings to the Governor.
(Orig. Code 1863, §§ 355, 356, 357; Code 1868, §§ 416, 417, 418; Code 1873, §§ 381, 382, 383; Code 1882, §§ 381, 382, 383; Penal Code 1895, §§ 802, 803, 804; Penal Code 1910, §§ 802, 803, 804; Code 1933, §§ 24-2916, 24-2917; Ga. L. 2000, p. 1115, § 2.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Prosecuting Attorneys, § 14.
C.J.S.- 27 C.J.S., District and Prosecuting Attorneys, §§ 62, 63.
ALR.
- Pendency of impeachment proceeding as affecting power of officer, 30 A.L.R. 1149.
Disciplinary action against attorney for misconduct related to performance of official duties as prosecuting attorney, 10 A.L.R.4th 605.