Eligibility of Constables

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Constables, Clerk, and Other Court Personnel
  6. Eligibility of Constables

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  1. Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate.
  2. Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable.

(Code 1981, §15-10-101, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1986, p. 198, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes

- In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-803 and 24-805 are included in the annotations for this Code section.

Constable may not continue to serve if the constable does not meet the eligibility requirements under the Magistrate Act. 1983 Op. Att'y Gen. No. 83-59.

Constable is not prohibited from being specially deputized by sheriff for the specific purpose of serving a particular writ; in such a situation a constable is a de facto deputy sheriff and service by the constable is legal. 1971 Op. Att'y Gen. No. 71-7 (decided under former Code 1933, §§ 24-803 and 24-805).

Constable's commission can be prepared for issuance by governor for a person who is also serving as a full-time city police officer. 1967 Op. Att'y Gen. No. 67-455 (decided under former Code 1933, §§ 24-803 and 24-805).


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