House Bill 35
By: Representatives Ridley of the 22nd, Powell of the 33rd, Horner of the 3rd, Tarvin of the 2nd,
Ridley of the 6th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to
appointment of substitute for absent or disqualified district attorney, so as to revise the
compensation of private attorneys appointed to act as district attorney pro tempore; to
provide for such attorneys to be compensated $250.00 per hour for each certified hour
worked, subject to a cap; to provide for such cap; to provide for certification by the
Prosecuting Attorneys' Council of the State of Georgia of such hours worked by such
attorneys; to provide for such attorneys to engage the services of private counsel, paralegals,
and legal interns and to provide for their compensation; to provide for funding of such
compensation; to provide for reimbursement of actual expenses incurred; to provide for
inflation adjustments; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to appointment of
substitute for absent or disqualified district attorney, is amended by revising subsection (b)
as follows:
"(b)(1) A private attorney acting as district attorney pro tempore pursuant to paragraph
(3) of subsection (a) of this Code section is subject to all laws and regulations established
pursuant to Code Section 15-18-19 governing district attorneys. Such private attorney
<del>shall receive the same compensation from state funds appropriated for the operations of
the district attorneys at the same rate as the district attorney during the term of such
appointment and</del> shall incur the same penalties in the discharge of the duties of said
office.
<ins>(2)(A) Such private attorney shall receive a minimum monthly compensation equal to
the lesser of:
(i) Two hundred fifty dollars per hour for each hour worked as certified by the
executive director of the Prosecuting Attorneys' Council of the State of Georgia; or
(ii) Ninety percent of the monthly salary of the district attorney in whose place such
private attorney is appointed to act; provided, however, that such monthly salary shall
not include any supplement provided pursuant to subsection (b) of Code Section
15-18-10.
(B) Notwithstanding any other provisions of law to the contrary, such private attorney
shall be authorized to engage the services of others, including private counsel,
paralegals, or legal clerks, who shall receive a monthly compensation of up to $110.00
per hour for each hour worked as determined and certified by the executive director of
the Prosecuting Attorneys' Council of the State of Georgia.
(C)(i) The funds required for the compensation provided for in subparagraphs (A)
and (B) of this paragraph shall be paid from state funds appropriated for the
operations of the district attorney in whose place a private attorney is appointed to act
as district attorney pro tempore pursuant to paragraph (3) of subsection (a) of this
Code section.
(ii) The actual expenses incurred by a private attorney appointed to act as district
attorney pro tempore pursuant to paragraph (3) of subsection (a) of this Code section,
</ins>
<ins>or members of his or her staff engaged pursuant to subparagraph (B) of this
paragraph, shall be reimbursed by the county in which such district attorney pro
tempore is acting at the same rate as provided in Code Section 15-18-12 for district
attorneys. Any court costs, filing costs, witness fees, costs of reporting and preparing
transcripts of records, and any other expenses incurred for such services shall be paid
as provided by law.
(D) The hourly rates provided for in division (i) of subparagraph (A) and in
subparagraph (B) of this paragraph shall be adjusted on an annual basis based on the
Consumer Price Index as reported by the Bureau of Labor Statistics of the United States
Department of Labor."
</ins> SECTION 2.
This Act shall become effective on July 1, 2025.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.