Prosecuting Attorney's Duties; Authority

  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. Prosecuting Attorney's Duties; Authority

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  1. The prosecuting attorney of a probate court shall have the duty and authority to represent the state:
    1. In the probate court:
      1. In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163;
      2. In the prosecution of any violation of state laws which by general law probate courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Article 2 of this chapter and Code Section 40-13-21; and
      3. In the prosecution of any weapons carry license revocation or denial pursuant to Code Section 16-11-129;
    2. In the appeal of any case prosecuted in the probate court to the superior court or the appellate courts of this state;
    3. In any case in which the defendant was convicted in the probate court and is challenging such conviction through habeas corpus;
    4. To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; and
    5. To perform such other duties as are or may be required by law or ordinance or which necessarily appertain to such prosecuting attorney's office.
  2. The prosecuting attorney of a probate court shall have the authority to:
    1. File, amend, and prosecute any citation, accusation, summons, or other form of charging instrument authorized by law for use in the probate court;
    2. Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the probate court as provided by law, except that the prosecuting attorney of a probate court shall not have the authority to dismiss or enter a nolle prosequi in any case in which the accused is charged with a violation of state law other than one which the probate court has jurisdiction to try and dispose of such offense without the consent of the proper prosecuting officer having jurisdiction to try and dispose of such offense. As used in this paragraph, the term "proper prosecuting officer" means the district attorney for the judicial circuit;
    3. Reduce to judgment any fine, forfeiture, or restitution imposed by the probate court as part of a sentence in an ordinance case or forfeiture of a recognizance which is not paid in accordance with the order of the court. A prosecuting attorney of a probate court may institute such civil action in the courts of this state or of the United States or any of the several states to enforce such judgment against the property of the defendant; and
    4. Request and utilize the assistance of any other prosecuting attorney or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal action.
  3. The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power of the district attorney or any solicitor-general to represent this state in any criminal case in which the accused is charged with a felony or misdemeanor, when the probate court is acting as a court of inquiry pursuant to Article 2 of Chapter 7 of Title 17 or setting bail for any such offense, other than one which the probate court has, by law, jurisdiction to try and dispose of.

(Code 1981, §15-9-155, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)


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