Election, Commission, Removal; Qualifications; Affidavit of Qualification

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Coroners
  5. General Provisions
  6. Election, Commission, Removal; Qualifications; Affidavit of Qualification

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  1. Coroners are elected, commissioned, and removed as are clerks of the superior courts; and coroners shall hold their offices for four years.
    1. No person shall be eligible to offer for election to or to hold the office of coroner unless he or she:
      1. Is a citizen of the United States;
      2. Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office;
      3. Is a registered voter;
      4. Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office;
      5. Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;
      6. Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and
      7. Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.
    2. Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.
  3. Notwithstanding any other provision of law, any person holding office as the mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census is specifically authorized to serve simultaneously as coroner; and any person holding the office of coroner is specifically authorized to serve simultaneously as mayor of a municipality with a population of 5,000 or less according to the United States decennial census of 1980 or any future such census.

(Orig. Code 1863, § 559; Code 1868, § 623; Code 1873, § 582; Code 1882, § 582; Civil Code 1895, § 491; Civil Code 1910, § 609; Ga. L. 1914, p. 43, § 1; Code 1933, § 21-101; Ga. L. 1985, p. 843, § 1; Ga. L. 1986, p. 10, § 45; Ga. L. 1987, p. 630, § 1; Ga. L. 1988, p. 13, § 45; Ga. L. 1989, p. 1091, § 6; Ga. L. 1990, p. 1735, § 2; Ga. L. 1992, p. 1436, § 1; Ga. L. 1999, p. 869, § 1.)

Cross references.

- Clerks of superior courts generally, § 15-6-50 et seq.

JUDICIAL DECISIONS

Office of coroner is judicial office.

- The office of coroner is not part of the executive branch of government, but is primarily a judicial office. Sanders v. State, 151 Ga. App. 590, 260 S.E.2d 504 (1979); Tabb v. State, 250 Ga. 317, 297 S.E.2d 227 (1982).

Cited in Williams v. Richmond County, 241 Ga. 89, 243 S.E.2d 55 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Coroners or Medical Examiners, § 2.

7B Am. Jur. Pleading and Practice Forms, Coroners or Medical Examiners, § 2.

C.J.S.

- 18 C.J.S., Coroners, §§ 5, 6.


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