Governor Authorized to Provide Counsel for Public Officials and Agencies; Fees and Costs to Be Paid by State

1. Law
2. Georgia Code
3. Public Officers and Employees
4. Attorney General
5. Counsel for Public Officials and Agencies
6. Governor Authorized to Provide Counsel for Public Officials and Agencies; Fees and Costs to Be Paid by State

1. When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar.
2. Whenever the Governor designates counsel in any action specified in subsection (a) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the state.

(Ga. L. 1959, p. 18, §§ 1, 2; Ga. L. 1975, p. 878, § 1; Ga. L. 1982, p. 3, § 45; Ga. L. 1987, p. 993, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

This section authorizes appointment by the Governor of counsel to defend district attorney in certain civil actions. 1974 Op. Att'y Gen. No. U74-15.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, § 17 et seq.

63C Am. Jur. 2d, Public Officers and Employees, § 406 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 425 et seq.

CHAPTER 16 CORONERS Article 1 General Provisions.

• 45-16-1. Election, commission, removal; qualifications; affidavit of qualification.
• 45-16-2. Appointment of coroners where coroners not elected; filling vacancies.
• 45-16-3. Oath.
• 45-16-4. Bond generally; liability for moneys collected or failing to do duties.
• 45-16-5. Additional bond when acting for sheriff.
• 45-16-6. Participation in training course.
• 45-16-7. Appointment of deputy coroners; oath, bond, fees, powers, and qualifications.
• 45-16-8. Service of process when sheriff disqualified.
• 45-16-9. Fees.
• 45-16-10. Furnishing information to out-of-state coroners.
• 45-16-11. Compensation of county coroners; increases; calculation; supplements; expenses.
• 45-16-11.1. Compensation of county coroners for inmate deaths in state correctional institutions.
• 45-16-11.2. Monthly contingent expense allowance for the operation of the office of coroner.

Article 2 Death Investigations.

• 45-16-20. Short title.
• 45-16-21. Definitions.
• 45-16-22. Medical examiners' inquiries - Facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance.
• 45-16-23. Delegation of power by coroner or county medical examiner; qualifications of those authorized to perform examinations.
• 45-16-24. Notification of suspicious or unusual deaths; court ordered medical examiner's inquiry; written report of inquiry.
• 45-16-25. Coroner's or county medical examiner's duties after notice of suspicious or unusual death; embalmment; inventory and disposition of deceased's property; use of deceased's property for evidence; autopsy required.
• 45-16-25.1. Releasing remains of deceased to next of kin; exception.
• 45-16-26. Assumption of duties by medical examiner in absence of coroner or deputy coroner; signing of death certificates.
• 45-16-27. When inquest to be held; special situations; coroner's fee; issuance of subpoenas; cost of copying; limited disclosure of photographs.
• 45-16-27.1. Medical examination of unexpected or unexplained death of person under seven years of age.
• 45-16-28. Performance of autopsy when not required under Code Section 45-16-24.
• 45-16-29. Removal of body generally.
• 45-16-30. Transport of body across state line.
• 45-16-31. Authorization of removal of body for convenience of examination; investigation of premises before removal.
• 45-16-32. Report of examination and investigation; maintenance of copies; verification of foul play by forensic laboratory; transmittal of copies of reports to district attorneys.
• 45-16-33. Coroner to make inquest upon completion of examination and verification.
• 45-16-34. Issuance of subpoenas; administration of oath to witnesses.
• 45-16-35. Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person.
• 45-16-36. Impaneling of jury to hold inquest; compensation of jurors.
• 45-16-37. When jury to be impaneled; jury not required to view body.
• 45-16-38. Issuance of precept to sheriff to summon inquest jury; form.
• 45-16-39. Oath for foreperson and jury of inquest.
• 45-16-40. Coroner's charge to jury; power of jury.
• 45-16-41. Defaulting juror to be fined by coroner.
• 45-16-42. Offering in evidence of results of examination.
• 45-16-43. Receipt as evidence of records, findings, and reports of medical examiners' inquiries [Repealed].
• 45-16-44. Disposition of bodies after examination and inquest; payment of burial expenses from deceased's estate.
• 45-16-45. Authority of coroners and medical examiners to disinter bodies.
• 45-16-46. Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report.
• 45-16-47. Penalty for violation of article.
• 45-16-48. Coroner's employment of court reporter.
• 45-16-49. Fees.
• 45-16-50. Providing biological substances to canine instructors or schools.
• 45-16-51. Interment of unidentified human remains; disinterment for identification.

Article 3 Georgia Coroner's Training Council.

• 45-16-60. Short title.
• 45-16-61. Definitions.
• 45-16-62. Council established; membership; terms of office; curriculum advisory committee; filling of vacancies.
• 45-16-63. Oath of office; issuance of certificates of appointment.
• 45-16-64. Council officers; quorum; record keeping; annual reports.
• 45-16-65. Powers and duties of council generally.
• 45-16-66. Annual training requirement for certified coroners; fees.
• 45-16-67. Actions to restrain violations of this article.

Article 4 Office of Medical Examiner.

• 45-16-80. Abolition of office of coroner; qualifications, appointment, compensation, powers, and duties of medical examiners.

Cross references.

- Disposition of dead bodies, disturbing of graves, T. 31, C. 21.

Editor's notes.

- Ga. L. 1985, p. 843, which affected various Code sections throughout this chapter, specifically provided (in § 11 of the Act) for the repeal of House Bill 255, which passed during the 1985 session and contained provisions affecting various Code sections in this chapter. House Bill 255 was also vetoed by the Governor on April 4, 1985 (Veto # 1).

By resolution (Ga. L. 1982, p. 1345), the General Assembly designated the "Georgia Coroners Manual" as the official operating manual for coroners in the State of Georgia, authorized and directed all coroners in the state to follow the instructions, procedures, and techniques detailed in the manual, and instructed the Secretary of the Senate to forward a copy of the resolution to each coroner in the state.

RESEARCH REFERENCES

Adequacy of Consent to Autopsy, 34 POF2d 557.

Cause of Death as Determined from Autopsy, 39 POF2d 1.

ARTICLE 1 GENERAL PROVISIONS

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