Title 15, Chapter 18, Section 5
(a) When a district attorney is absent, indisposed, or is
disqualified from interest or relationship to engage in a
prosecution, the presiding judge, as the emergency, in his
discretion, requires, may:
(1) Appoint a competent attorney of the circuit to act in his
(2) Command the services of a district attorney of any other
accessible circuit; or
(3) Make a requisition to the Governor for the services of the
(b) A private attorney acting as district attorney pro tempore
pursuant to paragraph (1) of subsection (a) of this Code section is
subject to all laws governing district attorneys. He shall receive
the same compensation from the state at the same rate as the
district attorney during the term of such appointment and shall
incur the same penalties in the discharge of his duties.
(c) Nothing in this Code section shall affect Code Section 45-15-30.