Title 15, Chapter 18, Section 60
( 15-18-60)
(a)(1) Except as otherwise provided in this article, there shall
be a solicitor-general of each state court who shall be elected
for a four-year term and commissioned by the Governor as provided
by law. This chapter shall not apply to a city court where the
judges or solicitor is appointed by the mayor of a city. (2) Except as provided in paragraph (3) of this subsection or
subsection (c) of this Code section, any person holding the office
of solicitor of a state court on July 1, 1996, shall become the
solicitor-general of such court by operation of law and shall
serve for the remainder of the term for which he or she was
elected or appointed. (3) Except as provided in subsection (c) of this Code section, any
person holding the office of solicitor of a state court on July 1,
1996, may elect to continue to be styled as the solicitor of such
court for so long as such person continues to hold such office.
Such election shall be made in writing within 30 days following
July 1, 1996, by filing a notice of such election with the clerk
of the state court and the superintendent of elections for such
county or counties. Such election shall remain in effect either
until such person withdraws such election in writing subsequently,
which withdrawal shall be irrevocable, or until such person ceases
to serve as solicitor, whichever occurs first, at which time
paragraph (2) of this subsection shall become effective. It shall
be the duty of the superintendent of elections to furnish a copy
of the notice of such election to the Secretary of State within 30
days of receiving the same. This paragraph shall be repealed on
January 1 of the year following July 1, 1996, unless at least one
solicitor files a notice of election as provided in this
paragraph. (b) In the event of a vacancy in the office of solicitor-general of
the state court for any reason except the expiration of the term of
office, the Governor shall appoint a qualified person who shall
serve as provided in Article VI, Section VII, Paragraphs III and IV
of the Constitution. (c)(1) The General Assembly may by local law provide that the
district attorney of the judicial circuit shall represent the
state in all criminal prosecutions brought in a state court in
lieu of creating a separate solicitor-general for the state court. (2) Except as otherwise specifically provided in Article 1 of this
chapter, such district attorney shall have the same duties and
authority under this article as any solicitor-general. (3) The county governing authority may supplement the compensation
and fringe benefits of the district attorney and any personnel of
the district attorney who support the prosecution of criminal
cases in the state court of such county. (4) Notwithstanding any other provision of law, if the General
Assembly has provided by local law for an assistant district
attorney to be designated or appointed as solicitor of a state
court, such power, duty, and authority to prosecute in the state
court is vested in the district attorney of the judicial circuit
in which such county is located, as provided in this subsection.
The provisions of this article shall not affect the compensation
of an assistant district attorney previously designated as a
solicitor of a state court so long as such assistant is assigned
to prosecute criminal cases in the state court. (d) The General Assembly may by local law authorize a
solicitor-general of state court to represent the state in more than
one county within a judicial circuit. The solicitor-general of a
multicounty state court shall be selected as provided by local law. |