O.C.G.A.

O.C.G.A. § 45-12-27 (2019)

Calling out militia to execute laws

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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It shall be the duty of the Governor to see that the laws of this state are executed. For this purpose he shall have the power, as commander in chief, to call out the state militia whenever, in his discretion, the due enforcement of the process of the courts shall be so resisted and defied

as to require such intervention.

History

(Orig. Code 1863, § 58; Code 1868, § 54; Code 1873, § 51; Code 1882, § 51; Civil Code 1895, § 118; Civil Code 1910, § 141; Code 1933, § 40-201.)

Annotations

Cross references. - Status of Governor as commander-in-chief of militia, Ga. Const. 1983, Art. V, Sec. II, Para. III. JUDICIAL DECISIONS Duty as to process. - Under O.C.G.A. § 45-12-27, the duty of the Governor in the last resort is to enforce the process of the courts. The Governor is the executive of the process of the courts, as well as for

the enforcement of all law generally. The idea of making the Governor a party defendant without consent is inconsistent with this duty. Mayo v. Renfroe, 66 Ga. 408 (1881).

RESEARCH REFERENCES Am. Jur. 2d. - 38 Am. Jur. 2d, Governor, §§ 4, 9. C.J.S. - 6 C.J.S., Armed Services,

§ 341 et seq. 77 C.J.S., Riot; Insurrection, § 28.