Governor and General Assembly Authorized to Make Investigations; Designation of District Attorney to Act for State in Action Against Attorney General

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In addition to the power conferred upon the Attorney General in this article, the Governor or the General Assembly is authorized likewise to make investigations, including investigations of the Department of Law or the offices of the Attorney General or any agency under his control, and all authority and rights granted to the Governor and the General Assembly shall be as complete and absolute as those granted to the Attorney General. In any civil or criminal action against the Attorney General, the Governor shall designate a district attorney who shall be authorized, in such case, to act for the state.

(Ga. L. 1943, p. 284, § 10.)

Cross references.

- Issuance of subpoenas by Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives, § 28-1-16.

JUDICIAL DECISIONS

Litigation over legislative reapportionment.

- As neither the Governor nor the Attorney General of Georgia had the exclusive power to decide the state's interest in litigation, the trial court properly refused the Governor's request to compel the Attorney General to dismiss an appeal to the U.S. Supreme Court filed on behalf of Georgia in a case involving legislative reapportionment under the Voting Rights Act, 42 U.S.C. § 1973. Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 2, 9. 63C Am. Jur. 2d, Public Officers and Employees, §§ 369 et seq., 410.

C.J.S.

- 67 C.J.S., Officers, § 4.


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