2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 4 - Grand Juries
Part 1 - General Provisions
§ 15-12-81. Notice of Upcoming Appointment by Grand Jury

1. Whenever it is provided by law that the grand jury of any county shall elect, select, or appoint any person to any office, notice thereof shall be given in the manner provided in subsection (b) of this Code section.
2. It shall be the duty of any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county to notify the clerk of superior court in writing, at least 90 days prior to an upcoming election, selection, or appointment by the grand jury, that the grand jury shall elect, select, or appoint a person to the office held by such member at the time of notice; except where a vacancy has been created by death, resignation, or removal from office, in which case notice shall be given within ten days of the creation of the vacancy. It shall be the duty of the clerk of superior court, upon receiving notice of the upcoming appointment, to publish in the official organ of the county a notice that certain officers are to be elected, selected, or appointed by the grand jury of the county. The publication shall be once a week for two weeks during a period not sooner than 60 days prior to the election, selection, or appointment, except, where a vacancy has been created by death, resignation, or removal, notice shall be published once a week for two weeks during a period not sooner than ten days prior to the election, selection, or appointment. The cost of advertisement shall be paid from the funds of the county. It shall be the duty of the governing authority of the county to pay the cost promptly upon receiving a bill for the advertisement.

(Ga. L. 1958, p. 686, §§ 1, 2; Ga. L. 1959, p. 424, §§ 1, 2; Ga. L. 1989, p. 310, § 1.)

- Pursuant to Code Section 28-9-5, in 1989, "ten" was substituted for "10" and a comma was added after "resignation" twice in subsection (b).

JUDICIAL DECISIONS

Notice of appointment.

- This section does not provide that notice of appointment by the grand jury is essential to the notice's validity since the publication of the notice provided by this section is directory only. Burpee v. Logan, 216 Ga. 434, 117 S.E.2d 339 (1960).

- Trial court did not err in granting a citizen's motion for a writ of mandamus compelling a superior court clerk's compliance, with respect to the appointments of county board of equalization (BOE) members, with the public notice requirements of O.C.G.A. § 15-12-81 because there was no error in granting mandamus to require the clerk to comply with the clerk's mandatory duties under § 15-12-81; because BOE members are appointed by the grand jury, O.C.G.A. § 48-5-311(c)(2), their appointments are plainly subject to the provisions of § 15-12-81. Everetteze v. Clark, 286 Ga. 11, 685 S.E.2d 72 (2009).

Advertisements must be made within 60 days of appointment, selection, or election. 1974 Op. Att'y Gen. No. U74-37.

- After the commission of appointment of a member of a county board of education had been issued by the Secretary of State, it was valid notwithstanding the fact that the clerk failed to publish the notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81). 1963-65 Op. Att'y Gen. p. 107.

- If the clerk failed to publish the notice pursuant to Ga. L. 1959, p. 424, §§ 1 and 2 (see now O.C.G.A. § 15-12-81), the clerk was responsible for the clerk's own negligence under former Code 1933, §§ 24-2714, 24-2715, and 24-2721 (see now O.C.G.A. §§ 15-6-61 and15-6-81). 1963-65 Op. Att'y Gen. p. 107.

- Advertisement provisions of this section were not applicable to recommendations of grand jury for county registrars. 1960-61 Op. Att'y Gen. p. 209.