Retirement From the Office of District Attorney and Appointment to the Office of District Attorney Emeritus; Term of Office as District Attorney Emeritus

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia
  5. Appointment as District Attorney Emeritus; Compensation and Duties
  6. Retirement From the Office of District Attorney and Appointment to the Office of District Attorney Emeritus; Term of Office as District Attorney Emeritus

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  1. A person who desires to resign from the office of district attorney and accept appointment as a district attorney emeritus shall so advise the Governor in writing. The Governor shall appoint to such position any district attorney who is eligible under Code Section 47-12-60. Upon such appointment and the issuance of a commission by the Governor, the resignation shall automatically become effective.
  2. All persons appointed as district attorney emeritus shall hold such office for life.

(Ga. L. 1949, p. 780, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Appointment effective upon resignation.

- Because the word "shall" is mandatory, appointment as district attorney emeritus becomes effective on the date the district attorney resigns. 1965-66 Op. Att'y Gen. No. 66-212.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Officers and Employees, § 90. 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq.

C.J.S.

- 27 C.J.S., District and Prosecuting Attorneys, §§ 5, 17 et seq.


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