Georgia House Bill HB35

Georgia 2025-2026 Regular Session

• Introduced: 1/14/25
• Report Pass: 3/6/25

Caption

Courts; private attorney appointed to act as district attorney pro tempore; revise compensation

Impact

If enacted, HB35 will introduce significant changes to the legal representation framework within the state, establishing clearer guidelines for the compensation of temporary district attorneys. This amendment is expected to facilitate a more structured approach to securing legal professionals for district attorney duties, especially during periods when the official district attorney is unavailable. The funding for such compensation will come from state appropriations designated for district attorneys, which may influence budget allocations within the judicial system.

Summary

House Bill 35 aims to amend the compensation structure for private attorneys appointed to act as district attorneys pro tempore in Georgia. The bill proposes that these attorneys be paid $250 per hour for each certified hour worked, subject to a maximum monthly cap based on the salary of the district attorney they are substituting for. Additionally, the bill allows these private attorneys to hire private counsel, paralegals, and legal interns, thereby increasing the potential resources available for district attorney offices that may be understaffed or unable to handle certain cases due to conflict of interest situations.

Contention

The introduction of this bill may not come without conflict, as it raises questions about the implications of hiring private attorneys at a considerably high hourly rate. Supporters may argue that proper compensation attracts qualified professionals to handle vital legal work while ensuring justice is maintained. However, critics might express concerns regarding the financial impact on state budgets and the implications of prioritizing private over public funding in judicial matters. Discussions may also center around the ethics of compensation in the context of public service roles.