GA Code § 42-9-2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 1 - General Provisions|§ 42-9-2. Creation of Board

 Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate.   (Ga. L. 1943, p. 185, § 1; Ga. L. 1972, p. 1069, § 12; Ga. L. 1973, p. 157, § 1; Ga. L. 1983, p. 500, § 2; Ga. L. 1985, p. 283, § 1; Ga. L. 1999, p. 867, § 1.)   Editor's notes.   - Ga. L. 1983, p. 500, § 1, not codified by the General Assembly, provides as follows: "It is the intent of this Act to implement certain changes required by Article IV, Section II of the Constitution of the State of Georgia."   JUDICIAL DECISIONS   Qualifications of members.    - Ga. Const. 1945, Art. V, Sec. I, Para XI enumerating powers and duties of the board does not make provision for, or reference to, qualifications of members of the board at the time of their appointment. The qualifications of members of the board would, therefore, be controlled by the general provisions of the Constitution and statutory laws limiting the rights of citizens to hold public office. McLendon v. Everett, 205 Ga. 713, 55 S.E.2d 119 (1949).   Presumption of compliance with law.    - While board may change the board's rules, there is presumption of law that members, being public officers, will discharge the members' duties and follow the statutory provisions which created the board. Thompson v. State, 203 Ga. 416, 47 S.E.2d 54 (1948).   Forfeiture of office.    - There is nothing in the statutory provisions, defining powers and duties of members of State Board of Pardons and Paroles, which provides that doing certain acts by a member would operate as a forfeiture of the member's office. Turner v. Wilburn, 206 Ga. 149, 56 S.E.2d 285 (1949). (But see O.C.G.A. §§ 42-9-12 and42-9-13 for provisions regarding incapacity, etc.)    There being no statutory provision that a member of the State Board of Pardons and Paroles should forfeit the member's office if the member engaged in any other business or profession, or held any public office, during the member's service upon the board, quo warranto is not the proper remedy to determine whether or not there has been an act of forfeiture. Turner v. Wilburn, 206 Ga. 149, 56 S.E.2d 285 (1949). (But see O.C.G.A. §§ 42-9-12 and42-9-13 for provisions regarding incapacity, etc.)    Cited in Todd v. State, 75 Ga. App. 711, 44 S.E.2d 275 (1947); Gregg v. Georgia, 428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976).   OPINIONS OF THE ATTORNEY GENERAL   Control in board, not individuals.   - Management and control is vested in State Board of Pardons and Paroles and not in individual members, or in any one individual officer. In the absence of a statutory provision to the contrary, when official authority is conferred upon the board or commission composed of three or more persons, such authority may be exercised by a majority of the members of the board, but it may not be exercised by a single member of such a board, or by a minority. 1945-47 Op. Att'y Gen. p. 450.   Function of chair of board.   - Chair of the board is the proper parliamentary officer to preside at meetings of the board for the purpose of directing or regulating proceedings and seeing that meetings or hearings are conducted in an orderly manner. The chair of the board, however, by virtue of such office or of the chair's title, does not acquire authority to perform the powers and duties vested by the General Assembly in the State Board of Pardons and Paroles. 1945-47 Op. Att'y Gen. p. 450.   Board's quasi-judicial functions retained.   - Except for supervision of parolees and assignment to the Department of Offender Rehabilitation (Corrections) for administrative purposes only, the State Board of Pardons and Paroles retains the board's quasi-judicial functions and powers as a result of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015). 1975 Op. Att'y Gen. No. 75-72.   Assignment of staff by Department of Offender Rehabilitation (Corrections) to board.   - Since the State Board of Pardons and Paroles has statutory authority to hire the board's own personnel to assist in carrying out the board's quasi-judicial functions, the Department of Offender Rehabilitation (Corrections) is not authorized to assign staff to the board as preparole investigators. 1975 Op. Att'y Gen. No. 75-35.   RESEARCH REFERENCES   ALR.    - Statute conferring power upon administrative body in respect to the parole of prisoners, or the discharge of parolees, as unconstitutional infringement of power of executive or judiciary, 143 A.L.R. 1486.