The Prosecuting Attorneys’ Council has established a central registry for prosecuting attorneys of municipal courts in Georgia as required by O.C.G.A. § 15-18-91. The 2012 Georgia General Assembly enacted legislation that requires Georgia cities that have a prosecuting attorney’s office for their municipal court to submit copies of the resolution or ordinance creating the office to the Council (O.C.G.A. § 15-18-91, enacted by 2012 SB 352, effective 4/11/12). The law DOES NOT REQUIRE any municipality to hire or have a municipal prosecuting attorney. Hiring or having a municipal prosecuting attorney is still up to the discretion of each individual city, unless required by the city’s charter. For municipalities which do have municipal prosecuting attorneys, the Prosecuting Attorneys’ Council has established a central registry for prosecuting attorneys of municipal courts in Georgia as required by O.C.G.A. § 15-18-91. They are also required to notify the Council of the appointment of a municipal prosecuting attorney within 30 days of the appointment.
The text of SB 352 can be found at http://www.legis.ga.gov/Legislation/20112012/127933.pdf. O.C.G.A. § 15-18-91 is found in Section 4 of the Bill that begins on page 4.
At its meeting on May 14, 2012, the Council adopted Policy 13.1 that will allow Georgia cities to register the prosecutor’s office by submitting the required documents electronically to the Council. The ordinance or resolution creating the office should be emailed to:email@example.com. Additionally, a registration form must be submitted in order to complete the registration.
City officials may also mail the documents to the Council offices or fax them to the address and fax number shown below.
Municipalities may register their municipal prosecuting attorney the same way.
Once the office and prosecutors are registered with the Council, their attorneys become eligible to attend relevant Council training programs.
Senate Bill 352 brings municipal prosecuting attorneys (previously called the “city solicitor”) into the Code of Georgia for the first time in Georgia history. Prior to its passage, state law did not recognize municipal prosecutors nor did it specify their duties and responsibilities. The 2012 law will standardize practice and procedure for prosecuting attorneys among the over 500 cities in Georgia.
The full text of the Council policy can be found by clicking here. The Council policy regarding the attendance of municipal prosecuting attorneys at Council conducted continuing legal education programs is PAC Policy 7.1.
Prosecuting Attorneys’ Council of Georgia
Municipal Prosecuting Attorney Registry
1590 Adamson Parkway
Morrow, Georgia 30260
Facsimile: (770) 282-6368
Please submit a copy of the Resolution or Ordinance creating the office of the municipal or probate prosecuting attorney along with a completed registration form.