O.C.G.A.

O.C.G.A. § 45-3-8 (2019)

Effect of failure to take and file oath generally

✓ 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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No officer or deputy required by law to take and file the oaths prescribed in Code Section 45-3-1 shall enter upon the duties of his office without first taking and filing the same in the proper office.

History

(Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146; Civil Code 1895, § 241; Civil Code 1910, § 276; Code 1933, § 89-309.)

Annotations

JUDICIAL DECISIONS Cited in Brown v. Blackmon, 272 Ga. 435, 530 S.E.2d 712 (2000). OPINIONS OF THE ATTORNEY GENERAL Local board of education member to take oath prior to assuming duties. - A local board of education member was required to take the oath specified in former Code 1933, § 89-302 (see now O.C.G.A. § 45-3-1). Until the member takes the oath, the local board member was not to enter upon the duties of office. 1975 Op. Att’y Gen. No. 75-15. Reelected or reappointed members may continue to serve. - Members-elect of a local board of education shall not enter upon the duties of office until qualified, commissioned, and administered the appropriate oaths. An

incumbent board member who has been reelected or reappointed may continue to serve as an official member of the board prior to receiving the commission and being administered the appropriate oaths for the new term. 1975 Op. Att’y Gen. No. 75-15. Emergency squad members to be qualified as deputy sheriffs. - A police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att’y Gen. No. 69-473.

PUBLIC OFFICERS & EMPLOYEES

RESEARCH REFERENCES ALR. - Constitutional, statutory, or charter provision as to time of taking oath

of office and giving official bond as mandatory or directory, 158 ALR 639.

Notes of Decisions

Cited in 3 cases, 1986–2019 · leading case: State v. Giangregorio, 352 S.E.2d 193 (Ga. Ct. App. 1986).

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State v. Giangregorio, 352 S.E.2d 193 (Ga. Ct. App. 1986). · cites it 4× “DeKalb County Deputy Sheriff Toles would have been acting de jure, if he had been sworn as a special deputy in Clayton County, OCGA § 45-3-7, and fulfilled the other legal requirements such as filling the oath, OCGA § 45-3-8, and executing a bond, OCGA § 15-16-23.”

Brown v. Blackmon, 530 S.E.2d 712 (Ga. 2000). · cites it 4× “OCGA §§ 45-3-8, 45-3-14. See also 67 CJS, Officers, § 45, p.”

Pierson v. The State., 824 S.E.2d 657 (Ga. Ct. App. 2019). · cites it 2× “37 See OCGA § 15-16-4 ("Before entering on the duties of their office the sheriffs shall take and subscribe, in addition to the oath required of all civil officers, the following oath before the judge of the superior court or the judge of the probate court: 'I do swear that I…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.