O.C.G.A. § 15-10-100 (2019)
Appointment of constables; compensation; chief constable
(a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority.
(b) If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables.
(c) The General Assembly may by local law provide for the appointment of constables and their salaries. (c.1)(1) In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables.
(2) No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law.
(3) Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35.
(d) All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds.
(e) If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables.
History
Code 1981, § 15-10-100, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1991, p. 1155, § 1.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarities of the statutory provisions, decisions under former Code 1933, §§ 24-801, 24-806 and 24-811 are included in the annotations for this Code section. Constitutionality. - As the constitution permits selection and terms of offices of magistrate judges to be varied by local law, the provisions of O.C.G.A. §§ 15-10-20, 15-10-23, 15-10-100,
15-10-105 and Ga. L. 1983, p. 4027, are not unconstitutional. In re Magistrate Court, 262 Ga. 334, 418 S.E.2d 42 (1992). Inaccurate certificate did not have effect of changing term. - If a constable was elected (this section now provides an appointment procedure) at a regular election and qualified by giving bond and taking oath as provided by law, the constable’s term of office was fixed by law at
four years, and a recital in the certificate of the ordinary (now probate judge) that it was for two years did not have the effect of changing the constable’s term from four years. Motes v. Davis, 188 Ga. 682, 4 S.E.2d 597 (1939) (decided under former Code 1933, § 24-801). Discretion to appoint cannot be questioned by writ. - Discretion of a justice of the peace (now magistrate) in making an appointment cannot be questioned by a writ of quo warranto. Locklear v. Harris, 108 Ga. 809, 34 S.E. 183 (1899) (decided under former Code 1933, § 24-806).
Oath prescribed by former Code 1933, § 89-302 must be taken by constable. Hopkins v. Watts, 141 Ga. 345, 80 S.E. 1001 (1914) (decided under former Code 1933, § 24-811). Cited in Southern Bell Tel. & Tel. Co. v. Mitchell, 145 Ga. 539, 89 S.E. 514 (1916); Peek v. Irwin, 164 Ga. 450, 139 S.E. 27 (1927); McBrien v. Starkweather, 43 Ga. App. 818, 160 S.E. 548 (1931); Motes v. Davis, 188 Ga. 682, 4 S.E.2d 597 (1939); Griffin v. Trapp, 205 Ga. 176, 53 S.E.2d 92 (1949).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24-817 are included in the annotations for this Code section. Constable’s commission can be prepared for issuance by Governor for a person who is also serving as a full-time city police officer. 1967 Op. Att’y Gen. No. 67-455 (decided under former Code 1933, § 24-817). Execution and return of court pro-
cesses and orders. - Sheriff and the sheriff ’s deputies are not authorized to execute and return the processes and orders of a magistrate court when that court has an appointed constable. 1987 Op. Att’y Gen. No. U87-16. Eligibility to use detection devices. - Absent independent legal authorization, a county marshal or deputy marshal does not have authority to apply for or use speed detection devices. 2005 Op. Att’y Gen. No. 2005-1.