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2018 Georgia Code 45-15-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-15-3 Case Law from Google Scholar Amendments to OCGA 45-15-3

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 15. Attorney General, 45-15-1 through 45-15-70.

ARTICLE 1 GENERAL PROVISIONS

45-15-3. Duties generally.

It is the duty of the Attorney General:

  1. When required to do so by the Governor, to give his opinion in writing, or otherwise, on any question of law connected with the interest of the state or with the duties of any of the departments;
  2. When he deems it advisable, to prepare all contracts and writings in relation to any matter in which the state is interested;
  3. When required to do so by the Governor, to participate in, on behalf of the state, all criminal actions in any court of competent jurisdiction when the district attorney thereof is being prosecuted, and all other criminal or civil actions to which the state is a party;
  4. To act as the legal adviser of the executive branch;
  5. To represent the state in all capital felony actions before the Supreme Court;
  6. To represent the state in all civil actions tried in any court; and
  7. To perform such other services as shall be required of him by law.

(Laws 1799, Cobb's 1851 Digest, p. 574; Code 1863, § 343; Code 1868, § 404; Ga. L. 1873, p. 31, § 1; Code 1873, § 369; Code 1882, § 369; Civil Code 1895, § 220; Penal Code 1895, § 880; Civil Code 1910, § 254; Penal Code 1910, § 901; Code 1933, § 40-1602; Ga. L. 1975, p. 882, § 1; Ga. L. 2002, p. 415, § 45.)

Cross references.

- Duty of Attorney General to represent beneficiaries of charitable trusts, § 53-12-174.

Law reviews.

- For note, "Perdue v. Baker: Who Has the Ultimate Power over Litigation on Behalf of the State of Georgia - the Governor or the Attorney General?," see 21 Ga. St. U.L. Rev. 751 (2005).

JUDICIAL DECISIONS

Duties of the Attorney General are limited by O.C.G.A. § 45-15-3, and when the Constitution creates the office and prescribes the duties of the holder thereof, and declares that other duties may be imposed on the Attorney General by statute, the Attorney General has no authority to perform any act not legitimately within the scope of such statutory and constitutional provisions. Walker ex rel. Mason v. Georgia Ry. & Power Co., 146 Ga. 655, 92 S.E. 57 (1917).

Attorney General properly represents one sued in capacity as state official.

- When defendant is sued in capacity as state official it is clearly proper for office of Attorney General of Georgia to act on the defendant's behalf. Cleveland v. Noland, 510 F. Supp. 37 (N.D. Ga. 1981).

Powers of Governor and Attorney General.

- Construed together, Ga. Const. 1983, Art. V and O.C.G.A. §§ 45-15-3,45-15-6,45-15-35, and45-12-26, do not vest either the Georgia Governor or the Attorney General with exclusive power to control legal proceedings involving the State of Georgia; instead, the Governor and Attorney General have concurrent powers over litigation in which the state is a party. Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).

Georgia Attorney General was authorized, under O.C.G.A. § 45-15-3(3), to prosecute the defendant for criminal attempts to commit theft by taking as the Attorney General represented the state in criminal actions when required to do so by the Governor. Brown v. State, 268 Ga. App. 629, 602 S.E.2d 158 (2004).

Representation before Health Planning Review Board.

- The assistant attorney general fulfilled a constitutionally and statutorily mandated dual role in representing both the State Health Planning and Development Agency and the Health Planning Review Board, but this dual role as prosecutor and legal advisor to the Review Board did not taint the opportunity of each party to present its case in full before the Review Board. North Fulton Community Hosp. v. State Health Planning & Dev. Agency, 168 Ga. App. 801, 310 S.E.2d 764 (1983).

Injunction against ultra vires acts.

- The Attorney General of this state was without authority to institute an equitable action in the name of the state, on the relation of a number of designated individuals, against a domestic corporation, to enjoin it from doing acts alleged to be ultra vires. Walker ex rel. Mason v. Georgia Ry. & Power Co., 146 Ga. 655, 92 S.E. 57 (1917).

Cited in Mitchell v. State, 22 Ga. 211, 68 Am. Dec. 493 (1857); Doe v. Bolton, 319 F. Supp. 1048 (N.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Attorney General should not render an opinion on the constitutionality of a legislative enactment, particularly when the interest of the state is not directly involved. 1945-47 Op. Att'y Gen. p. 290.

Which does not affect the interest of the state.

- It is clear from this section that the Attorney General is without authority to rule upon the constitutionality of any state statute which does not affect the state or the various departments of the state government; this construction is consistent with the unbroken policy of the Attorney General in considering the constitutionality of state statutes. 1948-49 Op. Att'y Gen. p. 243.

Insurance Commissioner is entitled to representation by the Attorney General in an antitrust suit arising because of acts growing out of meetings attended by the Commissioner in the Commissioner's official capacity. 1954-56 Op. Att'y Gen. p. 437.

Department of Labor to be represented only by Attorney General.

- The Department of Labor may not employ its own general counsel or otherwise provide itself with legal advice or representation other than through the Attorney General. 1984 Op. Att'y Gen. No. 84-48.

Initiation of legal actions.

- Construing O.C.G.A. §§ 15-18-6 and45-15-3 together, it is concluded that while the Attorney General must actually initiate every lawsuit brought by a state agency absent overriding legislation, district attorneys may, at the request of the Administrator of Office of Consumer Affairs, participate in Fair Business Practices Act suits brought by the administrator, so long as the statutorily imposed duties on the Attorney General are observed. 1977 Op. Att'y Gen. No. 77-67.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 1, 6 et seq.

C.J.S.

- 7A C.J.S., Attorney General, §§ 4, 28. 81A C.J.S., States, § 240.

ALR.

- Right of Attorney General or other representative of state to intervene in divorce suit, 22 A.L.R. 1112.

Right of Attorney General to represent or serve administrative officer or body to exclusion of attorney employed by such officer or body, 137 A.L.R. 818.

Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or being investigated for, criminal or impeachable offense, 84 A.L.R.3d 115.

Cases Citing O.C.G.A. § 45-15-3

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Head v. Stripling, 590 S.E.2d 122 (Ga. 2003).

Cited 32 times | Published | Supreme Court of Georgia | Oct 14, 2003 | 277 Ga. 403, 2003 Fulton County D. Rep. 3657

...(A) The State possessed the parole file. The record shows that the Attorney General's office possessed the file before trial and transmitted it to the trial court for review. Although the Attorney General represents the State on appeals in death penalty cases (OCGA § 45-15-3(5)), the Attorney General's office usually does not become involved with death penalty cases at the initial trial level....
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Perdue v. Baker, 586 S.E.2d 606 (Ga. 2003).

Cited 31 times | Published | Supreme Court of Georgia | Sep 4, 2003 | 277 Ga. 1, 2003 Fulton County D. Rep. 2700

...the State such matters, proceedings, and litigations as he shall deem to be in the best interest of the people of the State." [23] The Governor also has the power to provide for the defense of any action in which the State has an interest. [24] OCGA § 45-15-3 sets out the Attorney General's general responsibilities....
...rganization Act. [39] The 1983 Constitution, like all the constitutions since 1868, provides that the Attorney General "shall represent the state ... in all civil and criminal cases in any court when required by the Governor." [40] In addition, OCGA § 45-15-35 vests the Governor with the power to direct the Department of Law to institute and prosecute litigation in the name of the State....
...[41] Although the drafters did decline to add the Attorney General's specific statutory duties to the constitution, they preserved his authority to act under statutes by leaving the language on his duties unchanged from previous constitutions. Even if we adopted the Governor's view that the constitutional provision and OCGA § 45-15-35 give him the implicit right to order the Attorney General to end litigation on behalf of the State, that interpretation would not resolve the specific dispute in this case....
...Because the opinion does not cite any law for its holding, the source of the Attorney General's authority under Georgia law to represent members of the General Assembly is unclear. Three months later, the General Assembly amended Ga.Code Ann. § 40-1602 (OCGA § 45-15-3) to expressly grant the Attorney General the authority to represent the State in civil actions without any request from the Governor....
...To the contrary, the Governor shall have the power to direct the Department of Law, through the Attorney General as head thereof, to institute and prosecute in the name of the state such matters, proceedings, and litigations as he shall deem to be in the best interest of the people of the state. OCGA § 45-15-35....
...represent the state in civil actions according to his determination of the best interest of the citizens of Georgia. For his part, the Attorney General is generally authorized to "represent the state in all civil actions tried in any court...." OCGA § 45-15-3(6)....
...ning the contingent nature of the uncodified act). [8] 2002 Ga. Laws at 149, § 1(d). [9] Georgia v. Ashcroft, 537 U.S. 1151, 123 S.Ct. 964, 154 L.Ed.2d 861 (2003). [10] See Constitution of the State of Georgia of 1983 art. V, sec. II, para. I; OCGA § 45-15-35 (2002). [11] Ga. Const. art. V, sec. III, para. IV; OCGA § 45-15-34....
...461, 462, 553 S.E.2d 798 (2001). [18] Ga. Const. art. V, sec. II, para. I. [19] Ga. Const. art. V, sec. II, para. II. [20] Ga. Const. art. V, sec. II, para. I; Ga. Const. art. V, sec. III, para. III. [21] Ga. Const. art. V, sec. III, para. IV. [22] See OCGA §§ 45-15-3(4), 45-15-35; see also Robert S....
...the Attorney General's role in legal actions involving other state officers, executive departments, and other state bodies). [23] State Government Reorganization Act of 1931, Act No. 298 of Aug. 27, 1931, 1931 Ga. Laws 7, 39 (current version at OCGA § 45-15-35). [24] See OCGA §§ 45-12-26, 45-15-6. [25] See OCGA § 45-15-3(1)-(5). [26] See OCGA § 45-15-3(6) & (7)....
...I (listing the "other executive officers" as the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor). [38] See Ga. Const. art. V, sec. III, para. III. [39] See 1931 Ga. Laws at 39, sec. 92 (current version at OCGA § 45-15-35)....
...IV & V, Oct. 17, 1979, at 57 (discussing need for Attorney General to function as an independent state officer and not be subservient to the Governor). [43] Ga. Const. art. V, sec. III, para. I. [44] See Ga. Const. art. V, sec. II, para. I. [45] OCGA § 45-15-3(5). [46] OCGA § 45-15-10. [47] OCGA § 45-15-3(6)....
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State of Georgia v. Fed. Def. Prog., Inc., 315 Ga. 319 (Ga. 2022).

Cited 19 times | Published | Supreme Court of Georgia | Dec 20, 2022

...Here, the Appellees brought their lawsuit against the State and the Attorney General in his official capacity; therefore, sovereign immunity would bar the Appellees’ action unless it came within some exception. See OCGA § 45-15-1 (providing for “an Attorney General of the state”); OCGA § 45-15-30 (“There is created a Department of Law with the Attorney General at the head thereof....
...Accordingly, the trial court ruled that Burton and Graham had the authority to negotiate the Agreement and that Burton had the authority to contract on behalf of the State. The State asserts that the trial court’s ruling was error, arguing that, under OCGA § 45-15-3 (2), the Attorney General has the duty “to prepare all contracts and writings in relation to any matter in which the state is interested” and that, under OCGA § 45- 44 15-30, the Attorney General...
...ritten policy in which the Attorney General expressly delegated the authority to contract to deputy attorneys general collectively or to Burton specifically — the trial court erred in finding that Burton had such authority. However, OCGA § 45-15-3 generally describes the duties of the Attorney General’s office....
...that “[the Attorney General] made no court appearances in connection with the litigation,” and that the Attorney General “was not personally and substantially involved in the deliberative processes regarding those matters”). Indeed, OCGA § 45-15-30, cited by the State for the proposition that the Attorney General is the head of the Department of Law, created the Department of Law with the Attorney General at the head thereof and with such numbers of deputy attorneys...
...personnel, and other employees or independent contractors as the Attorney General shall deem necessary to carry out the functions of the Attorney General and the Department of Law. (Emphasis supplied.) As relevant here, OCGA § 45-15-30 also authorizes the Attorney General “to determine the title and to change the title of any attorney ....
...ce thereof.” As explained above, the duties and responsibilities of the Attorney General include, “[w]hen he deems it advisable, . . . prepar[ing] all contracts and writings in relation to any matter in which the state is interested.” OCGA § 45-15-3 (2)....
...sentence is sent to the Attorney General); OCGA § 17-10-40 (a) 82 (providing that a certified copy of an order fixing a new time period for the execution of a death sentence must be “sent immediately” to the Attorney General); OCGA § 45-15-3 (5) (providing that the Attorney General “represent[s] the state in all capital felony actions before [this] Court”); OCGA § 9-14-45 (providing that, if a habeas petitioner is being detained under the custody of the DOC, a copy of the petition must be served on the Attorney General)....
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Byers v. State, 857 S.E.2d 447 (Ga. 2021).

Cited 18 times | Published | Supreme Court of Georgia | Apr 5, 2021 | 311 Ga. 259

...But the State’s practice of filing two briefs in murder cases is simply the result of overlapping statutory responsibilities of the Attorney General and district attorneys. The Attorney General has the statutory responsibility to “represent the state in all capital felony actions before the Supreme Court[.]” OCGA § 45-15-3 (5)....
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Miller v. Deal, 295 Ga. 504 (Ga. 2014).

Cited 16 times | Published | Supreme Court of Georgia | Jul 11, 2014 | 761 S.E.2d 274

...he executive department, shall represent the state ... in all civil ...cases in any court when required by the Governor, and shall perform such other duties as shall be required by law.” Ga. Const. of 1983 Art. V, Sec. III, Para. IV. See also OCGA § 45-15-3 (6) (“It is the duty of the Attorney General ...[t]o represent the state in all civil actions tried in any court....”) For example, the trial court found in this case that appellant Miller owed $3,000, had less than a dollar in his b...
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State v. Rowe, 843 S.E.2d 537 (Ga. 2020).

Cited 7 times | Published | Supreme Court of Georgia | May 18, 2020 | 308 Ga. 806

...5-7-1 (a) (5) (B) (referring to the “prosecuting attorney”); 15-18-6 (4), (6) (describing the prosecutorial and appellate duties of the district attorneys); 15-18-66 (a) (3), (4) (describing the prosecutorial and appellate duties of the solicitors-general); 45-15-3 (3), (5), 45-15-10 (describing the prosecutorial and appellate duties of the Attorney General)....

Miller v. Deal (Ga. 2014).

Published | Supreme Court of Georgia | Jul 11, 2014 | 308 Ga. 806

...executive department, shall represent the state . . . in all civil . . .cases in any court when required by the Governor, and shall perform such other duties as shall be required by law.” Ga. Const. of 1983 Art. V, Sec. III, Par. IV. See also OCGA § 45-15-3 (6) (“It is the duty of the Attorney General ....