§ 10-114. First assistant district attorney and trial assistant district attorneys; appointments; bonds; powers and duties; compensation; additional trial assistant district attorneys.  


Latest version.
  • The district attorney of the said judicial circuit shall have the power and he is hereby empowered to appoint one first assistant district attorney and 15 trial assistant district attorneys, and shall require from each one of them bond in the sum of $5,000.00 of the same nature and character as the bond of the district attorney, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the district attorney. The powers and duties of the first assistant district attorney, when acting for the district attorney, shall be the same as those of the district attorney. The powers and duties of the trial assistant district attorneys shall be to try, and assist in the trial of, cases in the several courts, including the appellate courts of this state and such other duties as may be assigned by the district attorney of the Atlanta Judicial Circuit. They shall not serve beyond the term of their principal and shall be subject to removal at any time by the said principal.

    The salaries of all of the assistant district attorneys shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $10,000.00 nor more than $63,000.00 per annum, and said maximum amount shall not be exceeded without the concurrence of the Board of Commissioners of Fulton County. All such salaries so fixed shall be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the court, the funds therefor to be provided in the same manner as the other operating expenses of said court. The district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County as first assistant district attorney, who shall, when and while so designated and acting for the district attorney, have the same powers as the district attorney.

    The district attorney, with the concurrence of the governing authority of Fulton County, may establish positions and compensations for deputy district attorneys in excess of the number specifically authorized in this article, as amended, and in an act approved March 24, 1970 (1970 Ga. Laws, page 716), as amended, and may make appointments to positions so established. Persons appointed to such positions shall serve at the pleasure of the district attorney and shall have the same rights and benefits as the trial assistant district attorneys authorized in said acts, including eligibility for membership in the judges' and solicitor generals' Retirement Fund of Fulton County created by an act approved January 31, 1946 (1946 Ga. Laws, page 299), as amended, on the same terms and conditions as said trial assistant district attorneys. The trial assistant trainee positions now existing in the office of the district attorney shall, on the date when this article becomes effective, become deputy district attorney positions under the provisions of this paragraph.

(1924 Ga. Laws (Act No. 399), page 255, § 5; 1925 Ga. Laws (Act No. 409), page 509, § 1; 1935 Ga. Laws (Act No. 318), page 853, § 2; 1951 Ga. Laws (Act No. 1), page 3, § 1; 1955 Ga. Laws (Act No. 336), page 3168, § 1; 1956 Ga. Laws (Act No. 94), page 91, § 1; 1957 Ga. Laws (Act No. 192), page 202, § 2; 1959 Ga. Laws (Act No. 183), page 132, § 1; 1960 Ga. Laws (Act No. 764), page 1041, § 1; 1963 Ga. Laws (Act No. 152), page 179, § 1; 1965 Ga. Laws (Act No. 436), page 529, § 2; 1966 Ga. Laws (Act No. 1), page 3, § 1; 1968 Ga. Laws (Act No. 638), page 45, § 1; 1969 Ga. Laws (Act No. 171), page 150, § 1; 1970 Ga. Laws (Act No. 1284), page 650, § 1; 1972 Ga. Laws (Act No. 906), page 378, § 1; 1973 Ga. Laws (Act No. 2), page 10, § 1; 1973 Ga. Laws (Act No. 387), page 787, § 1; 1975 Ga. Laws (Act No. 241), page 526, § 1; 1978 Ga. Laws (Act No. 1457), page 2170, § 1; 1992 Ga. Laws (Act No. 768), page 5556, § 1)