reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-14 - Exclusive authority in law matters; employment of other counsel by state authorities; designation and assignment of assistant attorneys general to perform legal services for authorities

The Attorney General is vested with complete and exclusive authority and jurisdiction in all matters of law relating to state authorities and no such state authority shall be authorized without the approval of the Attorney General to employ other counsel in any matter whatsoever. The Attorney General is authorized to designate and assign any assistant attorney general, deputy assistant attorney general, special deputy assistant attorney general, or attorney to perform legal services for any such state authority.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-15 - Attorney General to submit statement to state authority for legal services; contents; advance approval of state authority director

From time to time the Attorney General shall submit to the state authority requesting legal services a statement of the expenses of such legal services incurred by the Department of Law, such statements to include the names of the assistant attorneys general, deputy assistant attorneys general, special deputy assistant attorneys general, or attorneys performing such services; the items of legal services performed; and the costs thereof. The state authority is authorized to reimburse the Department of Law for such services and expenses; provided, however, that the amount of such services and expenses shall have the advance approval of the director of the state authority requesting such services.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-16 - State authority to reimburse department for legal services

When the Attorney General shall assign any assistant attorney general, deputy assistant attorney general, special deputy assistant attorney general, or attorney to perform specific legal services requested by any state authority or legal service requested in connection with the validation of any bonds issued or to be issued by any state authority, the state authority requesting such services shall reimburse the Department of Law for such services as provided in Code Section
45-15-15
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-17 - Power to conduct investigations generally; issuance and enforcement of subpoenas

(a)
The Attorney General, as head of the Department of Law and as chief legal officer of the state, is authorized to institute and conduct investigations at any time into the affairs of the state; or of any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the state; or into the affairs of any person or organization to the extent that such person or organization shall have or shall have had any dealings with the state or any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the state.
(b)
For the purpose of conducting any investigation as provided in this Code section, the Attorney General shall have the power to administer oaths; to call any party to testify under oath at such investigations; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. For such purposes the Attorney General is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.
(c)
In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d)
Nothing contained in this Code section shall authorize the Attorney General to commence or carry on any investigation or to issue any subpoenas to anyone for the purpose of investigating any member of the General Assembly while the General Assembly is in any regular or called session.
(e)
(1)
As used in this subsection, "peace officer" shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section
35-8-2
.
(2)
For the purposes of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer.
Amended by 2020 Ga. Laws 377,§ 2, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-18 - Governor may direct Attorney General to conduct investigations of departments, state officials or employees or entities dealing with state; prosecution of actions; appointment of special attorney general

The Governor may at any time direct the Attorney General to conduct an investigation into the affairs of any department of the state or into the official conduct of any state official or employee or into the affairs of any person, firm, or corporation dealing with the state. The Governor may at any time direct the Attorney General to file and prosecute criminal actions and civil recovery actions in the name of the state against any official, person, firm, or corporation which violates any criminal or civil statute while dealing with or for the state, which violation results in loss, damage, or injury to the state. In the event the Attorney General refuses to take or file such action within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to appoint a special attorney general to carry out the requirements of law provided in this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-19 - Governor and General Assembly authorized to make investigations; designation of district attorney to act for state in action against Attorney General

In addition to the power conferred upon the Attorney General in this article, the Governor or the General Assembly is authorized likewise to make investigations, including investigations of the Department of Law or the offices of the Attorney General or any agency under his control, and all authority and rights granted to the Governor and the General Assembly shall be as complete and absolute as those granted to the Attorney General. In any civil or criminal action against the Attorney General, the Governor shall designate a district attorney who shall be authorized, in such case, to act for the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 1 - GENERAL PROVISIONS (§§ 45-15-1 — 45-15-20) › Section 45-15-20 - Charge, demand, or receipt by Attorney General of fee, perquisite, or compensation other than salary in case where state interested

If the Attorney General shall charge, demand, or receive any fee, perquisite, or compensation, other than his salary, in any case in which the state shall be a party or in any manner interested, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 20 years, shall be removed from office, and shall be forever disqualified from holding any office in this state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-30 - Created; assistants, deputies, and other personnel; determination of duties, salaries, and promotions; limitation on private practice of law; disclosure requirement for assistant attorney general representing criminal defendant

There is created a Department of Law with the Attorney General at the head thereof and with such numbers of deputy attorneys general, assistant attorneys general, special assistant attorneys general, other attorneys, paraprofessional personnel, and other employees or independent contractors as the Attorney General shall deem necessary to carry out the functions of the Attorney General and the Department of Law. The Attorney General is authorized to determine the title and to change the title of any attorney or other employee of the Department of Law or any attorney at law under independent contract to the Department of Law in order to define the duties and responsibilities of any attorney or other employee of the said department and to establish salaries and effect promotions of any such attorney or other employee of the said department, except that those positions in the department which are within the classified service on April 18, 1975, shall be covered by the procedures prescribed by the State Personnel Board. Neither the Attorney General nor any other attorney at law employed full time by the Department of Law shall engage in the private practice of law during his or her term of appointment. Attorneys at law under independent contract to the Department of Law may engage in the private practice of law even though they may have been appointed or designated either specially or generally as assistant attorneys general or attorneys. Notwithstanding that any attorney at law under independent contract to the Department of Law has been appointed or designated either specially or generally as an assistant attorney general and thus is identified with the State of Georgia as its representative for cases arising within the scope of that appointment or designation, representation of a defendant in criminal proceedings by that assistant attorney general shall not constitute a conflict of interest if that assistant attorney general provides written disclosure of such appointment or designation to the defendant prior to accepting employment by that defendant or, when a court has appointed an assistant attorney general to represent an indigent criminal defendant, disclosures to the defendant and to the court, to be reflected in the record of that court, such appointment or designation as assistant attorney general.
Amended by 2012 Ga. Laws 630,§ 2-74, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-31 - Appointment, compensation, and removal of assistant and deputy attorneys general and law assistants

(a)
All assistant attorneys general, deputy assistant attorneys general, and law assistants shall be appointed by the Attorney General for such periods of time as he deems advisable. The compensation of all assistant attorneys general, deputy assistant attorneys general, law assistants, and other employees of the Department of Law shall be established by the Attorney General, except that those employees under the merit system shall be compensated according to the laws and rules and regulations of said system. Any assistant attorney general, deputy assistant attorney general, law assistant, or other employee not under the merit system may be removed by the Attorney General.
(b)
The term "assistant attorney general," wherever it may appear in the laws of this state, shall be understood to include the term "deputy attorney general" so that a deputy attorney general, when duly appointed by the Attorney General, may perform any duty otherwise prescribed by law or regulation to be performed by an assistant attorney general.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-32 - Employment of clerical assistants for department

The Attorney General as the head of the Department of Law is authorized and directed to employ such clerical assistants as may from time to time be needed.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-33 - Employees of department not to receive remuneration of any kind or reimbursement other than provided by article; exception

Except as provided in this article, no employee of the Department of Law shall be entitled to or authorized to receive any salary, fee, compensation, or other remuneration of any type, nor shall he be entitled to the reimbursement of expenses from any other state department, agency, commission, board, authority, bureau, or any other legislative, judicial, or executive body of state government; provided, however, that nothing contained in this Code section shall apply to or be construed to exclude or prohibit the payments provided for in paragraph (4) of subsection (a) of Code Section
32-2-2
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-34 - Department as exclusive authority for executive branch in law matters

The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof. Every department, office, institution, commission, committee, board, and other agency of the state government is prohibited from employing counsel in any manner whatsoever unless otherwise specifically authorized by law.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-35 - Power of Governor to direct institution of proceedings and litigation by department

The Governor shall have the power to direct the Department of Law, through the Attorney General as head thereof, to institute and prosecute in the name of the state such matters, proceedings, and litigations as he shall deem to be in the best interest of the people of the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-35.1 - [Repealed] Governor's power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965

Repealed by 2015 Ga. Laws 70,§ 6-7, eff. 7/1/2015.
Added by 2010 Ga. Laws 632,§ 37, eff. 7/1/2010.
Repealed by Ga. L. 2015, p. 385, § 6-7/HB 252, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-36 - Reimbursement of department by other state agencies for litigation expenses; submission to agency of statement of expenses

(a)
When the Attorney General shall undertake the trial or preparation for trial of any action on behalf of any state department, agency, commission, board, authority, bureau, or any other legislative, judicial, or executive body of the state, such state agency involved is authorized and directed to reimburse the Department of Law for actual expenses incurred for court costs, filing costs, witness fees, costs of reporting and preparing transcripts of records, costs for depositions, interrogatories, and other methods of discovery, and any other expenses incurred for such services, except salaries, expenses, and subsistence allowances paid regular employees of the Department of Law.
(b)
From time to time the Attorney General shall submit to the state agency involved a statement of the expenses of such trial or trial preparation incurred by the Department of Law, such statements to include detailed, itemized statements of the costs thereof as contemplated by this Code section; and, notwithstanding any other provision of law, the state agency involved is authorized and directed to reimburse the Department of Law for such expenses from funds appropriated to or available to such state agency.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 2 - DEPARTMENT OF LAW (§§ 45-15-30 — 45-15-37) › Section 45-15-37 - Reimbursement of department by state retirement systems or Board of Workers' Compensation for services; statement of expenses; advance approval of services

(a)
As used in this Code section, the term "state retirement systems" means the following retirement systems: Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, Public School Employees Retirement System, and Trial Judges and Solicitors Retirement Fund.
(b)
When the Attorney General shall assign any assistant attorney general, deputy assistant attorney general, special deputy assistant attorney general, or attorney to perform specific legal services requested by the State Board of Workers' Compensation or by any state retirement system, the State Board of Workers' Compensation or the state retirement system requesting such services shall reimburse the Department of Law for such services, as provided in subsection (c) of this Code section.
(c)
From time to time the Attorney General shall submit to the State Board of Workers' Compensation or to the state retirement systems requesting legal services a statement of the expenses of such legal services incurred by the Department of Law, such statements to include the names of the assistant attorneys general, deputy assistant attorneys general, special deputy assistant attorneys general, or attorneys performing such services; the items of legal services performed; and the costs thereof. The State Board of Workers' Compensation and the state retirement systems are authorized to reimburse the Department of Law for such services and expenses; provided, however, that the amount of such services and expenses shall have the advance approval of the director of the State Board of Workers' Compensation and the state retirement systems requesting such services.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 3 - REMOVAL OF ATTORNEY GENERAL FOR INCAPACITY (§ 45-15-50) › Section 45-15-50 - through 45-15-57 - [Repealed]

Repealed by Ga. L. 1983, p. 1207, § 3, effective July 1, 1983.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 15 - ATTORNEY GENERAL (§§ 45-15-1 — 45-15-71) › Article 4 - COUNSEL FOR PUBLIC OFFICIALS AND AGENCIES (§§ 45-15-70 — 45-15-71) › Section 45-15-70 - Governor authorized to provide counsel for public officials and agencies; fees and costs to be paid by state

Except as provided for in Code Section
45-15-71
:
(1)
When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his, her, or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his, her, or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar; and
(2)
Whenever the Governor designates counsel in any action specified in paragraph (1) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the state.
Amended by 2022 Ga. Laws 810,§ 3, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-1 - Election, commission, removal; qualifications; affidavit of qualification

(a)
Coroners are elected, commissioned, and removed as are clerks of the superior courts; and coroners shall hold their offices for four years.
(b)
(1)
No person shall be eligible to offer for election to or to hold the office of coroner unless he or she:
(A)
Is a citizen of the United States;
(B)
Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office;
(C)
Is a registered voter;
(D)
Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office;
(E)
Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;
(F)
Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and
(G)
Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.
(2)
Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.
(c)
Notwithstanding any other provision of law, any person holding office as the mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census is specifically authorized to serve simultaneously as coroner; and any person holding the office of coroner is specifically authorized to serve simultaneously as mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-2 - Appointment of coroners where coroners not elected; filling vacancies

(a)
Whenever an election fails to fill the office of coroner, the judge of the probate court shall appoint a person to serve as the coroner until a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office.
(b)
In the event a vacancy occurs in the office of coroner, the judge of the probate court shall appoint a person to serve out the unexpired term of office and until his successor shall be duly elected and qualified.
(c)
No appointment or election under subsection (a) or (b) of this Code section shall be of any effect until proper bond and security is given and the oath of office is taken.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-3 - Oath

Before beginning the duties of the office of coroner, a coroner shall take the oath required of all civil officers and shall take the following oath:
"I swear that I will well and truly serve the State of Georgia in said office and faithfully and truly execute all writs and precepts to me directed or which I may lawfully execute, when placed in my charge, and return the same according to the best of my knowledge, skill, and judgment; that I will in no case knowingly use or exercise my office illegally, corruptly, or unjustly and that I will not, under any pretense, take, accept, or enjoy any fee or reward pertaining to my office other than such as are allowed by law; but that I will, in all things touching the duties of my office, demean myself honestly, fairly, and impartially according to the best of my ability, so help me God."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-4 - Bond generally; liability for moneys collected or failing to do duties

A coroner shall give bond and surety in the sum of $12,500.00 at the same time as he takes the oath provided for in Code Section
45-16-3
. He is liable for retaining moneys collected or for otherwise failing to do his duty as sheriffs are and is subject to the same proceedings.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-5 - Additional bond when acting for sheriff

When a coroner is required to act in the place of a sheriff, generally or specially, the judge of the probate court may require of him an additional bond in such sum and with such sureties as the judge, in his discretion, may think sufficient to meet the contingency.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-6 - Participation in training course

During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take a training course approved by the Georgia Coroner's Training Council pursuant to Code Section
45-16-66
. Any coroner or deputy coroner taking the approved training course provided by the Georgia Police Academy shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-7 - Appointment of deputy coroners; oath, bond, fees, powers, and qualifications

(a)
As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act.
(b)
No person shall be eligible to hold the office of deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any deputy coroner who is in office on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection.
(c)
Notwithstanding any law to the contrary, there shall be appointed only one deputy coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such county unless otherwise approved by the local governing authority of the county.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-8 - Service of process when sheriff disqualified

If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-9 - Fees

(a)
When performing the duties of a sheriff, the coroner's fees are the same as a sheriff's.
(b)
This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-10 - Furnishing information to out-of-state coroners

Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this state shall be available to a coroner of another state if such person was injured in, a resident of, or buried in the county of such coroner in such other state or if such records, papers, or reports are the subject of a subpoena issued by the coroner of another state. The release of such records to the coroner of another state shall not be prohibited by Article 4 of Chapter 18 of Title 50.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-11.1 - Compensation of county coroners for inmate deaths in state correctional institutions

In addition to the minimum salary provided for in Code Section
45-16-11
, in any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $110.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority.
Added by 2001 Ga. Laws 291, § 18-A, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 1 - GENERAL PROVISIONS (§§ 45-16-1 — 45-16-11.2) › Section 45-16-11.2 - Monthly contingent expense allowance for the operation of the office of coroner

In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each of the counties in this state in the following population bracket is authorized to provide as contingent expenses for the operation of the office of coroner, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:
Population
Minimum Monthly Expenses
__________
__________
0 - 34,999
$ 50.00
Amended by 2011 Ga. Laws 245,§ 45, eff. 5/13/2011.
Added by 2001 Ga. Laws 291, § 18-A, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-20 - Short title

This article shall be known and may be cited as the "Georgia Death Investigation Act."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-23 - Delegation of power by coroner or county medical examiner; qualifications of those authorized to perform examinations

(a)
(1)
Notwithstanding any other provision of this chapter, any coroner or county medical examiner may delegate to a local medical examiner, forensic consultant, or medical examiner's investigator the power to perform those duties of such coroner or medical examiner specified in this article if the person to whom such power is thus delegated meets the applicable requirements of this Code section for the performance of such duties, but the performance of those delegated duties shall not in any manner infringe upon or diminish the authority of the peace officer in charge at the scene of the crime.
(2)
Notwithstanding any other provision of this chapter, in cases of death resulting from an accident upon an interstate highway or limited-access road as such terms are defined in Code Section
32-1-3
, any coroner or county medical examiner may delegate to medical personnel otherwise qualified to meet the requirements of this article the power to perform those duties of such coroner or county medical examiner specified in this article. The delegation provided for in this paragraph shall occur only when the accident results in a significant disruption to the flow of traffic upon the interstate highway or limited-access road.
(b)
A local medical examiner shall be a licensed physician appointed by the state medical examiner to perform scene investigations, external examinations, limited dissections, autopsies, or any combination of such duties.
(c)
A forensic consultant shall be an expert in a field of forensic science, including but not limited to odontology or anthropology, appointed and authorized by the state medical examiner to examine human remains and evidence under the medical examiner's jurisdiction.
(d)
A medical examiner's investigator shall be a person employed by a medical examiner to perform duties of such medical examiner with the same authority as the medical examiner while at the scene of death and during subsequent investigation, except that no medical examiner's investigator is authorized to make any arrest or perform official external examinations, limited dissections, or autopsies.
Amended by 2024 Ga. Laws 367,§ 5, eff. 3/4/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-25.1 - Releasing remains of deceased to next of kin; exception

A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time the peace officer, medical examiner, or coroner has made a written finding that foul play may have been involved in the death of the deceased.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-26 - Assumption of duties by medical examiner in absence of coroner or deputy coroner; signing of death certificates

When there is no coroner or deputy coroner in a county in which the office of coroner has not been replaced by a county medical examiner or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical examiner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-27.1 - Medical examination of unexpected or unexplained death of person under seven years of age

(a)
Where a coroner or county medical examiner has been notified pursuant to paragraph (6) of subsection (a) of Code Section
45-16-24
of the death of any person after birth but before seven years of age whose death is unexpected or unexplained, the medical examiner's inquiry required by Code Section
45-16-25
shall include an autopsy unless that inquiry shows that such death was expected or explainable with a reasonable degree of medical certainty.
(b)
The provisions of this Code section shall apply notwithstanding subsection (b) of Code Section
45-16-22
or any other provision of this article.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-28 - Performance of autopsy when not required under Code Section 45-16-24

In the case of death of any person under such circumstances as would not require a medical examiner's inquiry under Code Section
45-16-24
, any physician who is duly licensed under the laws of this state or any other state having licensing requirements equal to or greater than those imposed by this state shall be deemed to have been legally authorized to perform an autopsy upon the body of a deceased person when such autopsy has been consented to by the person assuming custody of the body for the purposes of burial, such as the husband, wife, father, mother, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend of such deceased person charged by law with the responsibility of burial. If two or more of such persons assume custody of the body, the consent of one of them shall be deemed sufficient legal authorization for the performance of the autopsy.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-29 - Removal of body generally

No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner or medical examiner present at such investigation; or, if no such coroner or medical examiner is present, the peace officer shall authorize such removal; provided, however, that this Code section shall not apply to the removal of a body where the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. If the death resulted from an accident involving the operation of civil aircraft, no body shall be removed until authorized by the representative of the National Transportation Safety Board or the Federal Aviation Administration.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-30 - Transport of body across state line

No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner's inquiry are complete and until the removal of the body is authorized by the coroner or medical examiner. Except when the conduct is a violation of Code Section
16-10-94
, any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-31 - Authorization of removal of body for convenience of examination; investigation of premises before removal

When the deceased body lies in a place inconvenient for holding a medical examiner's inquiry, the medical examiner or coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue. If neither the coroner nor the medical examiner is immediately available, the peace officer may assume the authority to have the body moved to such facility. When such facility is not reasonably available, the body may be removed to such other suitable place as may be designated by the coroner or the medical examiner or by the peace officer in charge in the absence of the coroner or medical examiner. If the peace officer in charge is present, no such body shall be removed until photographs of the body and surrounding premises have been made and a thorough investigation of the premises has been made by the proper investigating authorities.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-32 - Report of examination and investigation; maintenance of copies; verification of foul play by forensic laboratory; transmittal of copies of reports to district attorneys

The medical examiner and coroner shall complete a report of each medical examiner's inquiry and coroner's investigation and shall maintain permanent records of such reports. The coroner or county medical examiner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit any specimens, samples, or other evidence to a forensic laboratory for analysis. In cases where reports indicating foul play are verified by the forensic laboratory, the laboratory shall provide a completed lab report to the appropriate prosecuting attorney where the acts or events leading to the death occurred.
Amended by 2010 Ga. Laws 503,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-33 - Coroner to make inquest upon completion of examination and verification

Upon the completion of the medical examiner's inquiry by the medical examiner, as provided in Code Section
45-16-24
, and after verification by the division when such verification is required, the coroner shall then make an inquest into the death of such deceased person as provided in Code Section
45-16-27
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-34 - Issuance of subpoenas; administration of oath to witnesses

(a)
The coroner shall issue subpoenas to or otherwise compel the attendance of witnesses; and he shall administer to such witnesses the following oath:
"The evidence that you shall give this inquest on behalf of the state concerning the death of __________________ (or a person unknown, as the case may be) shall be the truth, the whole truth, and nothing but the truth, so help you God."
(b)
When a coroner conducts an inquest into the death of an individual, he shall be authorized to issue subpoenas to compel production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county; provided, however, that the county shall not be responsible for duplication costs under $25.00.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 16 - CORONERS (§§ 45-16-1 — 45-16-80) › Article 2 - DEATH INVESTIGATIONS (§§ 45-16-20 — 45-16-51) › Section 45-16-35 - Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person

If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the superior court of the county in which the inquest is held and to give evidence against the defendant in such prosecution; and he shall also petition for the issuance of a warrant for the arrest of the person suspected of the homicide, which warrant shall be returnable as other warrants.