2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 16 - Coroners
Article 1 - General Provisions
§ 45-16-8. Service of Process When Sheriff Disqualified

If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.

(Orig. Code 1863, § 565; Code 1868, § 629; Code 1873, § 588; Code 1882, § 588; Civil Code 1895, § 496; Civil Code 1910, § 614; Code 1933, § 21-106; Code 1981, §45-16-9; Code 1981, §45-16-8, enacted by Ga. L. 1985, p. 843, § 3.)

- The 1985 amendment, effective April 3, 1985, in effect renumbered former § 45-16-9 as this Code section, without any change of language. For present provisions similar to former § 45-16-8, see §§ 45-16-6 and45-16-7(b).

Sheriffs are disqualified to perform their official duties in cases in which they have an interest. Abrams v. Abrams, 239 Ga. 866, 239 S.E.2d 33 (1977).

- Process directed to one who is coroner de facto, and executed by the coroner, is good. Gunby, Daniel & Co. v. Welcher & Carter, 20 Ga. 336 (1856).

- When an execution is not directed to the coroner, and no affidavit was filed as required by this section, a levy by the coroner should be dismissed on motion. Blance & McGarough v. Mize, 72 Ga. 96 (1883); Baldwin v. Hudson, 103 Ga. 96, 29 S.E. 601 (1897).

This section does not give the coroner power to arrest the sheriff in criminal matters. 1973 Op. Att'y Gen. No. 73-93.