Sec. 34-78[Office of prosecutor established; appointment.]

(a) There is hereby established for the Municipal Court of the City of Ashburn, Georgia the office of prosecutor. Said position shall be filled each year by the mayor and council at their first regular official meeting of the calendar year for a term of one year and until a successor has been appointed. All persons appointed to this position shall be members of in good standing of the State Bar of Georgia, and shall be licensed and qualified to practice law in the State of Georgia. Should the mayor and council fail to appoint a successor, the incumbent shall continue to serve at the pleasure of the mayor and council, and until a successor is appointed. The compensation of such appointee shall be fixed by the mayor and council by agreement with the appointee.

(b) Upon appointment, the prosecutor of the municipal court shall take and subscribe to the following oath:

I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor or affection discharge my duties as prosecuting attorney of the City of Ashburn.

(c) Upon appointment of prosecutor or a successor and within 30 days thereafter, it shall be the duty of the clerk of municipal court, or such other person as designated by the city council to notify the prosecuting attorneys council of the State of Georgia of the name of the person appointed.

(d) The office of prosecutor of municipal court shall be part-time and the prosecutor may engage in the private practice of law, but shall not practice or appear in the Municipal Court of the City of Ashburn or appear in any matter in which he/she has exercised jurisdiction.

(e) If the prosecutor of municipal court is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the city council shall appoint a substitute prosecuting attorney.

History: (Ord. No. 04-08, § 3, 7-1-2003; Ord. No. 12-02, § 1(Exh. A), 5-3-2012)