Requesting District Attorney to Prosecute Criminal Cases; Creation of Prosecuting Attorney Position by Ordinance or Resolution; Appointment of Prosecuting Attorney

  1. Law
  2. Georgia Code
  3. Courts
  4. Probate Courts
  5. Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court
  6. Requesting District Attorney to Prosecute Criminal Cases; Creation of Prosecuting Attorney Position by Ordinance or Resolution; Appointment of Prosecuting Attorney

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  1. In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court may be compensated in an amount to be fixed by the governing authority of the county.
  2. If for any reason the district attorney is unable to assist the probate court, he or she shall notify the probate court in writing, and the governing authority of the county, in its discretion, shall be authorized to create by ordinance or resolution the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney, who shall have the authority to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.
  3. It shall be the duty of the probate court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a probate court within 30 days of such appointment.
  4. Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve at the pleasure of the governing authority of such county.

(Code 1981, §15-9-150, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 14.


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