If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a “true bill” or “no bill” upon an indictment, or to make or not to make a presentment, or to postpone or delay a state case or an arrest, or to advise that it be done or how it may be done, and an indictment is handed down or a presentment is made to this effect, the district attorney shall be disqualified from further discharging his or her official duties until a trial is had upon the indictment or presentment. If the trial results in a conviction, he or she shall be fined and imprisoned, at the discretion of the court. Such a conviction is also a ground for impeachment. The disqualification shall continue until the adjournment of the next session of the General Assembly. It shall be the duty of the clerk of the court to certify immediately such proceedings to the Governor.
History. Orig. Code 1863, §§ 355, 356, 357; Code 1868, §§ 416, 417, 418; Code 1873, §§ 381, 382, 383; Code 1882, §§ 381, 382, 383; Penal Code 1895, §§ 802, 803, 804; Penal Code 1910, §§ 802, 803, 804; Code 1933, §§ 24-2916, 24-2917; Ga. L. 2000, p. 1115, § 2.
Structure Georgia Code
Chapter 18 - Prosecuting Attorneys
Article 1 - General Provisions
§ 15-18-1. District Attorney as Successor to Solicitor-General
§ 15-18-4. Effect of Attachment of County of Residence to Different Circuit
§ 15-18-4.1. District Attorney Performing Ordered Military Duty
§ 15-18-5. Appointment of Substitute for Absent or Disqualified District Attorney
§ 15-18-6. Duties of District Attorney
§ 15-18-6.1. Representation of State in Juvenile Court Cases
§ 15-18-7. Representation of State in Criminal Cases Removed to Federal Court
§ 15-18-9. Authority to Enter Nolle Prosequi
§ 15-18-10. Compensation of District Attorneys; Private Practice of Law Prohibited
§ 15-18-10.1. Annual Accountability Supplement; Exception
§ 15-18-11. Supplementation of Compensation for Services Under Code Section 19-11-23
§ 15-18-12. Travel Expenses; Provision of County Vehicle; Budget Request for State Funds
§ 15-18-13. Payment of Costs in Appellate Courts
§ 15-18-14. Appointment of Assistant District Attorneys; Qualifications; Compensation
§ 15-18-14.1. Investigators; Qualifications; Powers; Compensation
§ 15-18-14.2. Victim Assistance Coordinator
§ 15-18-15. Chief Assistant District Attorney; Powers and Duties in District Attorney’s Absence
§ 15-18-16. Substitution of Assistant on Death or Resignation of District Attorney
§ 15-18-17. Employment of Administrative Personnel Generally
§ 15-18-19. State Paid Personnel; Salary Schedules
§ 15-18-20. Additional Personnel as State Employees
§ 15-18-20.1. Additional Personnel for District Attorney’s Office
§ 15-18-21. Qualifications of Attorneys and Investigators Employed by District Attorney
§ 15-18-24. Liability of District Attorney; Failure to Comply as Ground for Impeachment
§ 15-18-25. Fine for Failure to Attend Courts
§ 15-18-26. Taking Money or Thing of Value in Exchange for Official Actions; Ground for Impeachment
§ 15-18-28. Personnel Positions Continuation After April 11, 1990
§ 15-18-29. Honorary Office of District Attorney Emeritus
§ 15-18-30. Temporary Assistance of Retired Prosecuting Attorney