Powers to Prevent Violence and Maintain Order - Filing of Proclamation; Powers of Governor Over Civil and Military Officials Generally

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Governor
  5. Powers and Duties Generally
  6. Powers to Prevent Violence and Maintain Order - Filing of Proclamation; Powers of Governor Over Civil and Military Officials Generally

Checkout our iOS App for a better way to browser and research.

Upon the issuance of a proclamation as provided for in Code Section 45-12-30, the Governor shall immediately file the same in the office of the Secretary of State for recording. The proclamation shall be effective upon issuance and shall remain in full force and effect until revoked by the Governor; and he is authorized to take and exercise any or all of the following actions, powers, and prerogatives:

  1. Call out the military forces of the state (state militia) and order and direct said forces to take such action as in his judgment may be necessary to avert the threatened danger and to maintain peace and good order in the particular circumstances;
  2. Order any sheriff or sheriffs of this state to exercise fully the powers granted them (suppress tumults, riots, and unlawful assemblies in their counties with force and strength when necessary) and to do all things necessary to maintain peace and good order;
  3. Order and direct the Department of Public Safety and each and every officer thereof to do and perform such acts and services as he may direct and as in his judgment may be necessary to maintain peace and good order in the circumstances;
  4. Authorize, order, or direct any state, county, or city official to enforce such proclamation by injunction, mandamus, or other appropriate legal action in any and all courts of the state.

(Ga. L. 1957, p. 44, § 6.)

Cross references.

- Further provisions regarding authority of Governor to call out militia, § 38-2-6.

OPINIONS OF THE ATTORNEY GENERAL

National Guard is eligible to share in proceeds of drug-related forfeitures with respect to statutorily authorized activities. 1995 Op. Att'y Gen. No. 95-29.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, §§ 4, 9. 53 Am. Jur. 2d, Military, and Civil Defense, § 3.

C.J.S.

- 77 C.J.S., Riot; Insurrection, §§ 31-33. 81A C.J.S., States, §§ 80, 81.


Download our app to see the most-to-date content.