District attorneys emeritus are prohibited from practicing law in any cases against the State of Georgia in any of the courts of this state or of the United States.
(Ga. L. 1949, p. 780, § 5; Ga. L. 1983, p. 1805, § 1.)
Editor's notes.- Ga. L. 1990, p. 222, repealing this Code section, was not concurrently funded as required by § 47-20-50 and, therefore, did not become law and became repealed on July 1, 1990. See the state auditor's report at Ga. L. 1990, p. CCCV.
OPINIONS OF THE ATTORNEY GENERALImpermissible conflict of interest exists when a district attorney emeritus represents defendants in criminal proceedings in the superior courts of the judicial circuit in which the district attorney emeritus is required by law to advise and consult with the current district attorney, or where the district attorney emeritus's representation of defendants outside one's judicial circuit would create an actual conflict with respect to the district attorney emeritus's duty to advise the district attorney. 1988 Op. Att'y Gen. No. U88-10.
"Leave of absence" not permitted.- There is no provision for a "leave of absence" from the position of district attorney emeritus, and one wishing to be a district attorney emeritus must take office immediately upon leaving office as district attorney, and must remain in office at all times. 1973 Op. Att'y Gen. No. U73-100.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 14, 50 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 139.
C.J.S.- 27 C.J.S., District and Prosecuting Attorneys, § 15 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.