Powers and Duties of Constables

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

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The powers and duties of constables include the following:

  1. To attend regularly all sessions of magistrate court;
  2. To pay promptly over money collected by them to the magistrate court;
  3. To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and
  4. To perform such other duties as are required of them by law or as necessarily appertain to their offices.

(Code 1981, §15-10-102, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 24-814, 24-815, and 24-817 are included in the annotations for this Code section.

"Law enforcement officer" includes constables.

- Since, although constables do not have general police powers, constables do have the power to arrest with a warrant and to execute and return all warrants, summons, executions, and other processes directed to the constables by the magistrate court, and constables are to perform all other duties required of the constables by law or which relate to the constable's offices, under O.C.G.A. §§ 15-10-102 and15-10-103, one can logically conclude that the term "law enforcement officer" as used in O.C.G.A. § 15-10-202(c) includes constables of the magistrate court. 1987 Op. Att'y Gen. No. U87-21.

Writs of fieri facias may be directed to constables.

- Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.

Constable's territorial jurisdiction to levy under an execution is limited to the county in which the constable's militia district is located. 1980 Op. Att'y Gen. No. 80-112 (decided under former Code 1933, § 24-817).

State court judge not to interfere with constable.

- State court judge cannot legally interfere with performance of duty by constable. 1971 Op. Att'y Gen. No. U71-44 (decided under former Code 1933, § 24-817).

Constable has no general duty to enforce criminal laws.

- Constable or a small claims court (now magistrate court) bailiff is not charged with the general duty of enforcing the criminal laws of this state. 1975 Op. Att'y Gen. No. U75-17 (decided under former Code 1933, § 24-817).

Constable may use marked automobile that is equipped with colored light mounted on cab and a siren if the constable can do so without holding oneself out to the public as a county police officer. 1969 Op. Att'y Gen. No. 69-214 (decided under former Code 1933, § 24-817).

Constable failing to pay over any money coming into the constable's possession may be ruled for contempt either in superior court or in the justice of peace court. 1952-53 Op. Att'y Gen. p. 33 (decided under former Code 1933, §§ 24-814 and 24-815).


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