O.C.G.A.
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.
Upon final conviction of a felony, the office of any state officer shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office caused by death or resignation.
History
(Code 1933, § 89-505, enacted by Ga. L. 1964, p. 689, § 1.)
Annotations
Cross references. - Crimes and other actions giving rise to ineligibility of person
for party nomination for or election to public office, § 21-2-8.
RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 184 et seq. C.J.S. - 67 C.J.S., Officers and Public Employees, § 204. ALR. - Unfitness as affecting right to restoration by mandamus to office from which one has been illegally removed, 36 ALR 508. Power to remove public officer without notice and hearing, 99 ALR 336. Reversal of conviction of crime as affect-
ing status of one removed from office, or whose license has been revoked because of the conviction, or facts involved in the prosecution, 106 ALR 644. Conviction of offense under federal law or law of another state or country as vacating accused’s holding of state or local office or as ground of removal, 20 ALR2d 732. Removal of public officers for misconduct during previous term, 42 ALR3d 691.
Notes of Decisions
Cherokee Cnty. v. North Cobb Surgical Assocs., P. C., 471 S.E.2d 561 (Ga. Ct. App. 1996).
· cites it 2× “Additionally, other than for inmates with health insurance for whom arrangements have been made for the health insurance company to pay for the services or care provided (see OCGA § 45-5-2(b)), "it shall be the responsibility of the governmental unit, subdivision, or agency…”
Brenda Gates v. Taylor Cnty. Sch. Dist., 816 S.E.2d 117 (Ga. Ct. App. 2018).
· cites it 2× “For example, in contrast to OCGA § 45-5-1, the very next Code section, OCGA § 45-5-2, states that "[u]pon final conviction of a felony, the office of any state officer shall be vacated immediately without further action.”
Cpf Investments, Lllp v. Fulton Cnty. Bd. of Assessors (Ga. Ct. App. 2015).
· cites it 2× “” Thus, the Board concludes that it is authorized to presume that sales involving government agencies do not constitute arm’s length, bona fide sales under OCGA § 45-5-2 (3). We find this argument wholly unpersuasive.”
— 45-5-2(b) — 1 case
Cherokee Cnty. v. North Cobb Surgical Assocs., P. C., 471 S.E.2d 561 (Ga. Ct. App. 1996).
“Additionally, other than for inmates with health insurance for whom arrangements have been made for the health insurance company to pay for the services or care provided (see OCGA § 45-5-2(b)), "it shall be the responsibility of the governmental unit, subdivision, or agency…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.