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2018 Georgia Code 15-12-81 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-12-81 Case Law from Google Scholar Amendments to OCGA 15-12-81

TITLE 15 COURTS

Section 12. Juries, 15-12-1 through 15-12-172.

ARTICLE 4 GRAND JURIES

15-12-81. Notice of upcoming appointment by grand jury.

  1. Whenever it is provided by law that the grand jury of any county shall elect, select, or appoint any person to any office, notice thereof shall be given in the manner provided in subsection (b) of this Code section.
  2. It shall be the duty of any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county to notify the clerk of superior court in writing, at least 90 days prior to an upcoming election, selection, or appointment by the grand jury, that the grand jury shall elect, select, or appoint a person to the office held by such member at the time of notice; except where a vacancy has been created by death, resignation, or removal from office, in which case notice shall be given within ten days of the creation of the vacancy. It shall be the duty of the clerk of superior court, upon receiving notice of the upcoming appointment, to publish in the official organ of the county a notice that certain officers are to be elected, selected, or appointed by the grand jury of the county. The publication shall be once a week for two weeks during a period not sooner than 60 days prior to the election, selection, or appointment, except, where a vacancy has been created by death, resignation, or removal, notice shall be published once a week for two weeks during a period not sooner than ten days prior to the election, selection, or appointment. The cost of advertisement shall be paid from the funds of the county. It shall be the duty of the governing authority of the county to pay the cost promptly upon receiving a bill for the advertisement.

(Ga. L. 1958, p. 686, §§ 1, 2; Ga. L. 1959, p. 424, §§ 1, 2; Ga. L. 1989, p. 310, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1989, "ten" was substituted for "10" and a comma was added after "resignation" twice in subsection (b).

JUDICIAL DECISIONS

Notice of appointment.

- This section does not provide that notice of appointment by the grand jury is essential to the notice's validity since the publication of the notice provided by this section is directory only. Burpee v. Logan, 216 Ga. 434, 117 S.E.2d 339 (1960).

Writ of mandamus proper.

- Trial court did not err in granting a citizen's motion for a writ of mandamus compelling a superior court clerk's compliance, with respect to the appointments of county board of equalization (BOE) members, with the public notice requirements of O.C.G.A. § 15-12-81 because there was no error in granting mandamus to require the clerk to comply with the clerk's mandatory duties under § 15-12-81; because BOE members are appointed by the grand jury, O.C.G.A. § 48-5-311(c)(2), their appointments are plainly subject to the provisions of § 15-12-81. Everetteze v. Clark, 286 Ga. 11, 685 S.E.2d 72 (2009).

OPINIONS OF THE ATTORNEY GENERAL

Advertisements must be made within 60 days of appointment, selection, or election. 1974 Op. Att'y Gen. No. U74-37.

Commission valid if clerk fails to publish notice.

- After the commission of appointment of a member of a county board of education had been issued by the Secretary of State, it was valid notwithstanding the fact that the clerk failed to publish the notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81). 1963-65 Op. Att'y Gen. p. 107.

Clerk responsible for failure to publish notice.

- If the clerk failed to publish the notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81), the clerk was responsible for the clerk's own negligence under former Code 1933, §§ 24-2714, 24-2715, and 24-2721 (see now O.C.G.A. §§ 15-6-61 and15-6-81). 1963-65 Op. Att'y Gen. p. 107.

Recommendations for county registrars.

- Advertisement provisions of this section were not applicable to recommendations of grand jury for county registrars. 1960-61 Op. Att'y Gen. p. 209.

Cases Citing O.C.G.A. § 15-12-81

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Everetteze v. Clark, 685 S.E.2d 72 (Ga. 2009).

Cited 6 times | Published | Supreme Court of Georgia | Oct 19, 2009 | 286 Ga. 11, 2009 Fulton County D. Rep. 3302

...cutory injunction preventing such BOE members from hearing any tax appeals during the pendency of the suit; and an injunction or mandamus compelling Robinson's compliance, with respect to BOE appointments, with the public notice requirements of OCGA § 15-12-81....
...ch such individual has satisfied all statutory requirements as prescribed in OCGA § 48-5-311 for appointment thereto. The court also issued a writ of mandamus, and alternatively a mandatory permanent injunction, requiring Robinson, pursuant to OCGA § 15-12-81, to publish notice of BOE appointments in the official county organ....
...osition of Clark's claim against Robinson. Appellants contend that the trial court erred by determining that Robinson, as Clerk of Fulton County Superior Court, was required to publish notice of the appointment of BOE members in accordance with OCGA § 15-12-81....
...lected, selected, or appointed by the grand jury of the county." Id. at (b). Appellants do not dispute that, as BOE members are appointed by the grand jury, see OCGA § 48-5-311(c)(2), their appointments are plainly subject to the provisions of OCGA § 15-12-81; rather, appellants contend that the more "specific" notice provisions in the BOE statute trump those more "general" provisions set forth in OCGA § 15-12-81....
...However, the only notice-related provision found in the BOE statute pertains to notifying the sheriff regarding BOE appointments to enable the sheriff to serve summons on the individuals appointed. OCGA § 48-5-311(c)(4). As there is no conflict between this provision and that in OCGA § 15-12-81, there is no basis to invoke the general rules of statutory construction, including that which affords preference to specific provisions over general ones....
...49, 50, n. 2, 257 S.E.2d 511 (1979) (because statutory provisions not in conflict, no need to employ rules of statutory construction). Thus, we find no error in the granting of mandamus to require Robinson to comply with her mandatory duties under OCGA § 15-12-81....
...derives from the quo warranto statute itself. OCGA § 9-6-60. See also 25 Encyclopedia of Georgia Law, Quo Warranto, § 8. [2] Appellants' assertion that this issue has been mooted by Robinson's "volunteer[ing] to publish notice consistent with OCGA § 15-12-81," and by her actually doing so after the trial court so ordered, is without merit, given that Robinson's duty to comply with the notice requirements is an ongoing one.