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

O.C.G.A. § 15-10-3 (2019)

Oath and commission of magistrate, constable, and clerk

✓ 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) All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 45-3-1 and 45-3-13 and the following oath: ‘‘I swear or affirm that I will duly and faithfully perform all the duties required of me as (magistrate, constable, or clerk of magistrate court) of County.’’

(b)(1) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court.

(2) In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer’s commission.

(3) All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State.

(c) In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sheriff’s deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as probate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such.

History

Code 1981, § 15-10-3, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L.

1984, p. 1096, § 1; Ga. L. 1987, p. 398, § 1.

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Beck v. State, 650 S.E.2d 728 (Ga. Ct. App. 2007).
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Beck v. State, 650 S.E.2d 728 (Ga. Ct. App. 2007). · cites it 2× “Although he believed he had reported her appointment, because she was receiving training materials, he did not know whether Douglas was issued a commission under seal from the governor’s office, as required by OCGA § 15-10-3, subsections (b) (1) and (3).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.