TITLE 45
PUBLIC OFFICERS AND EMPLOYEES
ARTICLE 4
COUNSEL FOR PUBLIC OFFICIALS AND AGENCIES
45-15-70. Governor authorized to provide counsel for public officials and agencies; fees and costs to be paid by state.
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When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar.
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Whenever the Governor designates counsel in any action specified in subsection (a) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the state.
(Ga. L. 1959, p. 18, §§ 1, 2; Ga. L. 1975, p. 878, § 1; Ga. L. 1982, p. 3, § 45; Ga. L. 1987, p. 993, § 3.)
JUDICIAL DECISIONS
This section does not prohibit the representation by the Attorney General of legislators
in legal actions which arise out of their official duties as legislators. Coggin v. Davey, 233 Ga. 407, 211 S.E.2d 708 (1975).
Cited in
Courtney v. State, 340 Ga. App. 496, 797 S.E.2d 496 (2017).
OPINIONS OF THE ATTORNEY GENERAL
This section authorizes appointment by the Governor of counsel to defend district attorney in certain civil actions.
1974 Op. Att'y Gen. No. U74-15.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7 Am. Jur. 2d, Attorney General,
§
17 et seq.
63C Am. Jur. 2d, Public Officers and Employees,
§
406 et seq.
C.J.S.
- 67 C.J.S., Officers and Public Employees,
§
425 et seq.
