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2018 Georgia Code 36-9-6 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

Section 9. County Property Generally, 36-9-1 through 36-9-11.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-9-6. Courthouse rooms to be used by county officers.

The county governing authority shall designate the rooms in the courthouse to be occupied by each of the county officers and enter the same on its minutes, which it may change from time to time as convenience may require.

(Orig. Code 1863, § 470; Code 1868, § 532; Code 1873, § 498; Code 1882, § 498; Civil Code 1895, § 353; Civil Code 1910, § 401; Code 1933, § 91-703.)

JUDICIAL DECISIONS

Public access.

- Courthouse is a public building, and as a matter of course the public does not require any permission to enter therein at suitable times and under reasonable regulations. All persons must be allowed equal privileges, both as to access to documents and as to reasonable space within which to transact business incident to the examination of the public records. Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 160 S.E. 620 (1931).

The expression "county officers," as used in this section, refers to those officers who are such in the strict sense of the term - that is, those who are constitutional county officers; and the officers are such, under the provisions of the Constitution, as shall be elected under Ga. Const. 1976, Art. IX, Sec. I, Para. VIII (see, now, Ga. Const. 1983, Art. IX, Sec. I, Para. III). It does not apply to a city court solicitor. Graham v. Merritt, 165 Ga. 489, 141 S.E. 298 (1928) (see O.C.G.A. § 36-9-6).

Justice of the peace (now magistrate) elected by the people is not a "county officer" within the meaning of this section, and therefore is not, as a matter of law or right, entitled to have a room in the courthouse for use as an office or place of holding court. McDonald v. Marshall, 185 Ga. 438, 195 S.E. 571 (1938) (see O.C.G.A. § 36-9-6).

Cited in Turner v. Johnston, 183 Ga. 176, 187 S.E. 864 (1936); Truesdel v. Freeney, 186 Ga. 288, 197 S.E. 783 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Judges' and clerks' offices at courthouse.

- Judges of the probate courts and clerks of the superior courts, being constitutional county officers, have a right to maintain their offices in the county courthouse, unless special circumstances make it impractical for the judges and clerks to be located there. 1978 Op. Att'y Gen. No. 78-15.

Cases Citing Georgia Code 36-9-6 From Courtlistener.com

Total Results: 1

Jenkins v. State

Court: Supreme Court of Georgia | Date Filed: 1998-02-23

Citation: 498 S.E.2d 502, 269 Ga. 282

Snippet: 17-7-131 (c) (3), (j); Ind. Code Ann. §§ 35-36-9-4, 35-36-9-6; Kan. Stat. Ann. § 21-4623 (d); Ky. Rev. Stat.