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2018 Georgia Code 45-3-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-3-7 Case Law from Google Scholar Amendments to OCGA 45-3-7

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 3. Official Oaths and Commissions, 45-3-1 through 45-3-31.

ARTICLE 1 OFFICIAL OATHS

45-3-7. Oaths of deputies.

Before proceeding to act, all deputies shall take the same oaths as their principals take and the oaths shall be filed and entered on the minutes of the same office with the same endorsement thereon; but this Code section shall not apply to any deputy who may be employed in particular cases only. A deputy sheriff may take his oaths before the sheriff and the oaths may be filed in and entered in the records of the sheriff's office.

(Orig. Code 1863, § 140; Code 1868, § 135; Code 1873, § 145; Code 1882, § 145; Civil Code 1895, § 240; Civil Code 1910, § 275; Code 1933, § 89-308; Ga. L. 1980, p. 527, § 1.)

JUDICIAL DECISIONS

Cited in Nave v. State, 171 Ga. App. 165, 318 S.E.2d 753 (1984).

OPINIONS OF THE ATTORNEY GENERAL

Emergency squad members to be qualified as deputy sheriffs.

- A police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att'y Gen. No. 69-473.

Procedure for qualifying emergency deputies.

- When a number of emergency deputies are to be appointed, they may all be qualified at a joint meeting by a superior court judge if all counties involved are within that circuit; if, however, other counties are to be served, proper oath must be taken within each such county. 1971 Op. Att'y Gen. No. U71-84.

Cases Citing O.C.G.A. § 45-3-7

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Middleton v. State, 890 S.E.2d 713 (Ga. 2023).

Cited 4 times | Published | Supreme Court of Georgia | Jul 5, 2023 | 316 Ga. 808

...753, 756 (357 SE2d 113) (1987) (“A deputy sheriff is an agent 4 of the sheriff and in effecting the proper discharge of his duties is empowered with the same duties and powers.”). Likewise, deputy sheriffs are required by statute to take the same oath that sheriffs do. See OCGA § 45-3-7 (“Before proceeding to act, all deputies shall take the same oaths as their principals take . . . .”). However, sometimes deputies are sworn in for a more limited role, such as to work on a particular case or cases. See OCGA § 45-3-7 (exempting deputies “employed in particular cases only” from having to file and enter the record of their oath with their principal’s office). Generally, “a public officer is presumed, until the contrary appears, to have pr...
...by the Camden County Sheriff; what is disputed is whether she was 5 still deputized when she arrested Middleton in 2020. The key question is thus one of scope: Was Officer Graw deputized for particular cases only, see OCGA § 45-3-7, or was the deputization general in nature? If the deputization was not restricted in scope, this case would present difficult questions about the duration and legal effect of that 2013 deputization, but those questions do not arise if...

State v. Phillips (Ga. 2025).

Published | Supreme Court of Georgia | Dec 9, 2025 | 316 Ga. 808

...risonment for not less than one nor more than five years. (b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to prosecution under this Code section only for violations of such oath or oaths as prescribed. (c) No individual shall be subject to prosecution for violation of his or her oat...