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2018 Georgia Code 45-12-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-12-20 Case Law from Google Scholar Amendments to OCGA 45-12-20

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 2 POWERS AND DUTIES GENERALLY

45-12-20. Grant of commissions.

The Governor shall grant commissions to all officers, including senators and representatives in Congress, required to hold them and in all cases may, in his discretion, issue a dedimus potestatem to officers authorized to administer oaths requiring qualification of the officers-elect as provided by law. The forms of commissions shall be in the discretion of the Governor. Commissions thus issued shall be final, except where the Constitution and laws of Georgia shall otherwise provide.

(Orig. Code 1863, § 69; Code 1868, § 63; Code 1873, § 60; Code 1882, § 60; Civil Code 1895, § 121; Civil Code 1910, § 144; Code 1933, § 40-203; Ga. L. 1990, p. 8, § 45.)

JUDICIAL DECISIONS

This section applies to officers commissioned by the Governor, and not to municipal officers not commissioned by the Governor. Brewer v. Johnson, 184 Ga. 806, 193 S.E. 778 (1937).

Delegation of duties.

- It is not essential that the Governor give personal attention to the details incumbent upon the Governor by this section, the Governor may by dedimus potestatem, devolve the duties upon one of the officers of the state authorized to administer oaths. Lewis v. Board of Comm'rs, 70 Ga. 486 (1883).

Finality of commission.

- The issuance of a commission is an act belonging exclusively to the Governor and cannot be inquired into by any subsequent court proceedings. Therefore, a quo warranto proceeding will not lie. Corbitt v. McDaniel ex rel. Cornelius, 77 Ga. 544, 2 S.E. 692 (1886).

When election to a county office is evidenced by the returns alone, a commission issued by the Governor is made final by this section, since no hearing has been sought before the Governor prior to the commission being issued. This is so whether the returns sent up are complete or incomplete. Ginn v. Linn, 83 Ga. 180, 9 S.E. 784 (1889).

Right of appeal.

- When every right to a commission is in the applicant, and respondent is a usurper, it cannot be said that the illegal issuance of the commission would deprive the applicant of an appeal. Hathcock v. McGouirk, 119 Ga. 973, 47 S.E. 563 (1904).

Cited in State ex rel. Low v. Towns, 8 Ga. 360 (1850); Lowe v. Lindsey, 223 Ga. 173, 154 S.E.2d 11 (1967).

OPINIONS OF THE ATTORNEY GENERAL

Function of selecting officer to whom commission is to be directed lies with commissioning authority absent statute or constitutional provision to contrary. 1980 Op. Att'y Gen. No. U80-48.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 128 et seq.

C.J.S.

- 67 C.J.S., Officers, § 46. 81A C.J.S., States, § 152 et seq.

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