O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-10-101 (2019)

Eligibility of constables

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate.

(b) Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable.

History

Code 1981, § 15-10-101, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1986, p. 198, § 1.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarities of the statutory provisions, decisions under former Civil Code 1882, §§ 469 and 470, Civil Code 1895, § 4084 and Civil Code 1910, §§ 4682 and 4683 are included in the annotations for this Code section. Attachments directed to constables and levied by the constables. - At-

tachments returnable to a justice court (now magistrate court) should be directed to the constables and levied by one of the constables. Pearce & Renfroe v. Renfroe Bros., 68 Ga. 194 (1881) (decided under former Civil Code 1882, §§ 469 and 470). Constables are removable for the same causes as clerks of courts. - Lancaster v. Hill, 136 Ga. 405, 71 S.E. 731,

1912C Ann. Cas. 272 (1911) (decided under former Civil Code 1895, § 4084). Judicial determination that constable vacated office. - If a constable moves to another district, the constable

does not vacate the constable’s office until the fact has been judicially determined. Johnson v. State, 27 Ga. App. 679, 109 S.E. 526 (1921) (decided under former Civil Code 1910, §§ 4682 and 4683).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-803 and 24-805 are included in the annotations for this Code section. Constable may not continue to serve if the constable does not meet the eligibility requirements under the Magistrate Act. 1983 Op. Att’y Gen. No. 83-59. Constable is not prohibited from being specially deputized by sheriff for the specific purpose of serving a par-

ticular writ; in such a situation a constable is a de facto deputy sheriff and service by the constable is legal. 1971 Op. Att’y Gen. No. 71-7 (decided under former Code 1933, §§ 24-803 and 24-805). 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, §§ 24-803 and 24-805).