Qualifications

  1. Law
  2. Georgia Code
  3. Courts
  4. Prosecuting Attorneys
  5. General Provisions
  6. Qualifications

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To be eligible to fill the office of district attorney, a person must:

  1. Have been a resident citizen of this state three years just preceding his election or appointment;
  2. Permanently reside in the circuit at the time of his election or appointment;
  3. Have attained the age of 25 years;
  4. Have been duly admitted and licensed to practice law in the superior courts for at least three years; and
  5. If previously disbarred from the practice of law, have been reinstated as provided by law.

(Laws 1841, Cobb's 1851 Digest, p. 1122; Laws 1850, Cobb's 1851 Digest, p. 1036; Code 1863, § 349; Code 1868, § 410; Code 1873, § 375; Ga. L. 1877, p. 13, § 1; Code 1882, § 375; Civil Code 1895, § 4390; Civil Code 1910, § 4924; Code 1933, § 24-2901; Ga. L. 1964, p. 362, § 1.)

Cross references.

- Further provisions as to qualifications for district attorneys, Ga. Const. 1983, Art. VI, Sec. VIII, Para. I.

JUDICIAL DECISIONS

Lawful practice defined.

- Three-year practice requirement, one of the qualifications for district attorney, of Ga. Const. 1976, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I), and this section contemplates lawful practice and lawful practice is defined as the practice of law as an active member of the State Bar of Georgia in good standing. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

Denial of eligibility read in light of constitutional requirements.

- Denial of eligibility to one "who has not been duly admitted and licensed to practice law in the superior courts for at least three years" must be read in the light of the higher requirement of Ga. Const. 1945, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I). Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

Intent of legislature when the legislature imposed the three-year practice as a requirement for the district attorney post was to ensure that the individuals who were elected to the office of district attorney would be experienced in the practice of law before the courts in which they would be required to perform their functions as district attorneys. It would be contrary to this intent to allow individuals who have not been licensed to practice before the superior courts to include their practice time in other states as partial satisfaction of Ga. Const. 1976, Art. VI, Sec. XIII, Para. I (see now Ga. Const. 1983, Art. VI, Sec. VIII, Para. I) and this section. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

Three-year practice requirement does not include legal practice in other states. Whitmer v. Thurman, 241 Ga. 569, 247 S.E.2d 104 (1978).

No eligibility for office if attorney never registers nor pays license fee.

- If an attorney never registers with nor pays any license fee to the State Bar, any practice of law which the attorney may have engaged in is unlawful and the attorney is ineligible for the office of district attorney. Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

Cited in Stokes v. Fortson, 234 F. Supp. 575 (N.D. Ga. 1964).

OPINIONS OF THE ATTORNEY GENERAL

Three-year practice of law requirement relates solely to the date of election rather than the date of qualification; therefore, a candidate for the office of district attorney must meet the three-year practice of law requirement at the time of such candidate's election rather than at the time of such candidate's qualification for the office. 1978 Op. Att'y Gen. No. 78-20.

Assistant must meet qualification to fill office of district attorney.

- Assistant district attorney may be appointed district attorney pro tempore if the assistant district attorney meets the qualifications provided for in this section and resigns from the present position as assistant district attorney. 1977 Op. Att'y Gen. No. U77-50.

"Competent attorney" defined.

- "Competent attorney" under former Code 1933, §§ 24-2913 and 24-2914 (see now O.C.G.A. § 15-18-5) would be one who meets the qualifications for the office of district attorney set forth in former Code 1933, § 24-2901 (see now O.C.G.A. § 15-18-3). 1977 Op. Att'y Gen. No. U77-50.

Third-year practice does not affect eligibility for office of district attorney.

- Third-year law student who served as a legal assistant to a district attorney pursuant to former Code 1933, § 9-401.2 (see now O.C.G.A. § 15-18-22) did not thereby become "duly admitted and licensed to practice law in the superior courts" for the purposes of determining eligibility to the office of district attorney under former Code 1933, § 24-2901 (see now O.C.G.A. § 15-18-3). 1976 Op. Att'y Gen. No. 76-28.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prosecuting Attorneys, § 7 et seq.

ALR.

- Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562.


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