Qualifications of Prosecuting Attorney; Appointment of Assistant District Attorneys

  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. Qualifications of Prosecuting Attorney; Appointment of Assistant District Attorneys

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  1. Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section 15-9-150 shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state.
  2. Notwithstanding the provisions of subsection (a) of Code Section 15-18-21, an assistant district attorney may be appointed as the prosecuting attorney of a probate court when:
    1. The district attorney who employs such assistant district attorney consents to such appointment; and
    2. If such assistant district attorney is not employed in the judicial circuit in which the probate court is located, the district attorney for the judicial circuit in which the probate court is located consents to such appointment.
  3. A district attorney may withdraw consent for an assistant district attorney's appointment pursuant to subsection (b) of this Code section at any time, provided that the probate court and the governing authority of the county in which such probate court is located is given notice not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of the probate court.

(Code 1981, §15-9-151, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)


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