Power to Conduct Investigations Generally; Issuance and Enforcement of Subpoenas

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Attorney General
  5. General Provisions
  6. Power to Conduct Investigations Generally; Issuance and Enforcement of Subpoenas

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  1. The Attorney General, as head of the Department of Law and as chief legal officer of the state, is authorized to institute and conduct investigations at any time into the affairs of the state; or of any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the state; or into the affairs of any person or organization to the extent that such person or organization shall have or shall have had any dealings with the state or any department, board, bureau, commission, institution, authority, instrumentality, retirement system, or other agency of the state.
  2. For the purpose of conducting any investigation as provided in this Code section, the Attorney General shall have the power to administer oaths; to call any party to testify under oath at such investigations; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. For such purposes the Attorney General is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.
  3. In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
  4. Nothing contained in this Code section shall authorize the Attorney General to commence or carry on any investigation or to issue any subpoenas to anyone for the purpose of investigating any member of the General Assembly while the General Assembly is in any regular or called session.
    1. As used in this subsection, "peace officer" shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2.
    2. For the purposes of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer.

(Ga. L. 1943, p. 284, § 5; Ga. L. 1975, p. 883, § 1; Ga. L. 1982, p. 3, § 45; Ga. L. 2020, p. 29, § 2/SB 394.)

The 2020 amendment, effective July 1, 2020, added subsection (e).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 6, 21, 31, 32, 35.

C.J.S.

- 7A C.J.S., Attorney General, § 30.


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