In Heien v. North Carolina, No. 13-604 (Dec. 15, 2014), the Supreme Court of the United States ruled an officer's determination to stop a vehicle based on a reasonable misinterpretation of the law does not violate the Fourth Amendment.
FYI: Heien v. North Carolina... [read on]
Office Managers' Meetings
The Office Managers' Meeting is specifically designed for Office Managers in District Attorney's Offices. The purpose of the meeting is to increase communication and standardization of operations between the Prosecuting Attorneys' Council of Georgia and the District Attorney's Office. Office Managers will be given information and materials that will allow them to better assist employees more qui... [read on]
2015 Annual (Open) Enrollment
The Annual Enrollment period for the 2015 plan year will begin on Monday, October 27, 2014 and end on Friday, November 14, 2014.
Process for Annual Enrollment:
All employees will need to log in to both, the Flexible Benefits and State Health Benefit Plan enrollment portals to complete their full enrollment process. There will be a Web portal-landing page: http://team.georgia.gov/my-benefits/... [read on]
2015 State Charitable Contributions Program
Every year employees across the state demonstrate their compassion and generosity through the official workplace giving campaign for state employees and the university system. Our 2015 State Charitable Contributions Program (SCCP) Annual Campaign will run from October 1 through October 31, 2014. During the campaign, you will learn more about how we can address critical needs in Georgia, acr... [read on]
FYI: ABA Formal Advisory Opinion 467
On September 8, 2014, the American Bar Association (ABA) issued Formal Advisory Opinion 467 stating that prosecuting attorneys with managerial authority or supervisory responsibility must adopt “reasonable policies and procedures” that will ensure that all lawyers and nonlawyers in their offices conform to the rules of professional conduct.
FYI: ABA Formal Advisory Opinion 467... [read on]
Georgia Law Enforcement and the Open Records Act
A Law Enforcement Officer's Guide to Open Records in Georgia,Third Edition (2014), is now available. This booklet, also known as The Blue Book, was a collaborative effort between the Georgia Association of Chiefs of Police, Georgia Bureau of Investigation, Georgia Department of Law, Georgia First Amendment Foundation, Georgia Press Association, Georgia Public Safety Training Center, Georgia... [read on]
FYI: McLaughlin v. Payne
In McLaughlin v. Payne, S14A0220, 2014 Ga. LEXIS 576 (July 11, 2014), the Supreme Court of Georgia finds that a District Attorney's personal interest in the outcome of a case caused the disqualification of his entire office.
FYI: McLaughlin v. Payne... [read on]
FYI: Riley v. California
In Riley v. California, No. 13-132 (June 25, 2014), the Supreme Court of the United States rules law enforcement may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.
FYI: Riley v. California... [read on]
FYI: Flading v. State
In Flading v. State, A14A0557 (May 22, 2014), the Georgia Court of Appeals upholds admission of a defendant’s agreement to plead guilty in exchange for an officer’s withdrawal of his sworn report in an Administrative License Suspension Proceeding in the defendant’s criminal DUI trial.
FYI: Flading v. State... [read on]
Legislation Enacted During the 2014 Georgia General Assembly
The below is a summary of the Bills and Resolutions impacting prosecutors or the criminal justice system that passed during the 2014 Session of the Georgia General Assembly and, in the case of Bills, were approved by the Governor.
Summary of Legislation that passed the 2014 General Assembly (PDF)
We have provided a brief analysis by the contributing authors for each of the 106 Bills and Reso... [read on]
FYI: Prado Navarette v. California
In Prado Navarette v. California, No. 12-9490 (April 22, 2014), the U. S. Supreme Court holds that an anonymous 911 call alleging a truck drove caller’s vehicle off the road provided reasonable and articulable suspicion that the driver of the truck was intoxicated and justified investigatory stop of the truck.
FYI: Prado Navarette v. California... [read on]
National Computer Forensics Institute to offer 2014 Computer Forensics in Court for Prosecutors
The National Computer Forensics Institute (NCFI) is a partnership between the United States Secret Service, Department of Homeland Security, and the Alabama District Attorney’s Association to train state and local law enforcement, judges and prosecutors in computer forensics and digital evidence. If selected, you will be attending this course with twenty-three other prosecutors from all over t... [read on]
FYI: Schedule II Narcotic Drug v. Non-Narcotic Drug
Pursuant to O.C.G.A. § 16-13-30 the punishment for the purchase, possession, manufacture, distribution or sale of narcotic drugs listed in Schedule II is separate and distinct from the purchase, possession, manufacture, distribution or sale of non-narcotic drugs in Schedule II. O.C.G.A. § 16-13-30(c) & (e).
FYI: Schedule II Narcotic Drug v. Non-Narcotic Drug... [read on]
Affordable Care Act (ACA) Model Notice
The Department Of Labor issued Technical Release No. 2013-02, which discussed, in part, the Affordable Care Act’s requirement that applicable employers provide a notice to employees informing them of the Health Insurance Marketplace. This notice must be provided by October 1, 2013 to current employees, and to new employees hired after October 1, 2013, within 14 days of their start date. Each e... [read on]
TEAMWORKS Travel & Expense (Concur)
The Prosecuting Attorneys’ Council (PAC) has elected to participate in the State’s online TEAMWORKS Travel & Expense (TTE) system (CONCUR) with the State Accounting Office (SAO). Through this system the entire travel and expense process is automated, with the goal of providing faster service to you and increasing efficiency for PAC staff. Effective July 1, 2013, state employe... [read on]
On March 20, 2013, Judge Thomas W. Thrash, United District Court, N.D. Ga., issued the attached order permanently enjoining enforcement of the following Code sections:
OCGA 16-11-200 (transporting or moving illegal aliens);
OCGA 16-11-201 (concealing, harboring, or shielding an illegal alien); and
OCGA 16-11-202 (inducing an illegal alien to enter state).
These Code section... [read on]
Business Record Certification
The Prosecuting Attorneys' Council has produced a Business Record Certification form which complies with OCGA Sect. 24-8-803(6) and OCGA Sect. 25-9-902(11). The Certification is patterned after the Federal Business Record Certification. Also we have produced a form cover letter, patterned after the Federal Cover letter, which may be used to accompany the subpoena for the produc... [read on]
GBI: Notice of Proposed Amendments to Chapter 92-3
The GBI’s Division of Forensic Sciences has recently sent out notification requesting that the Board of Public Safety amend the GBI rules that specify which breath testing equipment is approved for use in Georgia as required by O.C.G.A. §§ 40-5-67.1 and 40-6-392. This notification starts the formal process under the state’s Administrative Procedure Act (APA), O.C.G.A. § 40-13-... [read on]
Administration - Executive Office
Charles A. "Chuck" Spahos
Chief Administrative Officer
Executive Assistant and Victims' Services Coordinator
Katherine Dean Kemp
Grants Development Specialist
Administrative Operations Specialist
State Prose... [read on]
Legal Forms & Templates
Business Records Certification
Business Records Certification - Cover Letter, Subpoena
Letter to Clerk (complaint)
Forfeiture Lein 1
Forfeiture Lein 2
GBI DOFS Fax Cover Sheet
General Civil Case Filing Information Form 1
General Civil Case Filing Information Form 2
General Civil Case Final Disposition Form
Letter: Consent Order ... [read on]
Capital Litigation Resources
Capital cases, which are litigated with unusual tenacity, regularly raise legal issues that can be exceptionally difficult to resolve. So that convictions and sentences might withstand federal and state constitutional challenges at the appellate level, the Capital Litigation Division in the Atlanta office assists trial prosecutors by providing in-court assistance, technical advice, as well as le... [read on]
Please Note: If the title of a session appears in black,
it means that PAC has not yet received the handout from
the speaker. Please check back periodically as we will be
uploading handouts as we receive them up until, and in
some cases after, the conference. For your convenience,
the date that the handout was uploaded has been noted
to the left of the presentation title.
Select your Con... [read on]