2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 3 - Official Oaths and Commissions
Article 1 - Official Oaths
§ 45-3-9. Entry Into Duties of Office Without Oath
Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first taking and filing the same in the proper office shall be guilty of a misdemeanor.
(Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146; Penal Code 1895, § 270; Penal Code 1910, § 273; Code 1933, § 89-9901.)
OPINIONS OF THE ATTORNEY GENERAL
Effect of deputy's failure to take oath.
- Failure of a deputy to take the required oath does not render the deputy's acts taken under color of office to be invalid, inasmuch as notwithstanding the deficiency, the deputy is still a "de facto officer"; the same rule applies where the deficiency is a failure to furnish bond. 1965-66 Op. Att'y Gen. No. 66-211.
Emergency squad members to be qualified as deputy sheriffs.- A police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att'y Gen. No. 69-473.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 369.
C.J.S.- 67 C.J.S., Officer and Public Employees, § 359.
