2021 Georgia Code
Title 15 - Courts
Chapter 6 - Superior Courts
Article 2 - Clerks of Superior Courts
§ 15-6-59. Bond; Appointment of Deputies
- The clerk of each of the superior courts shall execute bond in the sum of $150,000.00, which amount may be increased in any county by local Act or by an ordinance or resolution of the governing authority.
- The clerks of superior courts shall have the power to appoint a deputy or deputies and, upon making such appointment, shall require from such deputies a bond with good security. The deputies shall take the same oaths as the clerks do before entering upon the discharge of their duties. The oath shall be administered by the clerk of superior court and recorded on the minutes of the superior court. Powers and duties of deputy clerks shall be the same as those of the clerks, as long as their principals continue in office and not longer, for faithful performance of which they and their securities shall be bound. The clerks of superior courts shall also have the authority to appoint one of their deputies as chief deputy clerk.
(Laws 1799, Cobb's 1851 Digest, p. 573; Laws 1817, Cobb's 1851 Digest, p. 206; Ga. L. 1851-52, p. 78, § 1; Code 1863, § 260; Code 1868, §§ 254, 255; Code 1873, § 266; Code 1882, § 266; Civil Code 1895, § 4359; Civil Code 1910, § 4890; Code 1933, § 24-2713; Ga. L. 1941, p. 374, § 1; Ga. L. 1965, p. 419, § 1; Ga. L. 1975, p. 923, § 1; Ga. L. 1981, p. 733, § 2; Ga. L. 2012, p. 173, § 1-9/HB 665.)
Cross references.- Official bonds generally, § 45-4-1 et seq.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Deputy Clerks
OPINIONS OF THE ATTORNEY GENERAL
Minimum age of deputy clerk.
- Since the authorization in former Code 1933, § 24-2713 (see now O.C.G.A. § 15-6-59) for appointment of deputies makes a deputy clerk a public officer of this state under former Code 1933, § 89-101 (see now O.C.G.A. § 45-2-1), a deputy clerk of the superior court must be at least 21 years of age. 1958-59 Op. Att'y Gen. p. 43.
Power of deputy clerk to appoint notary public.
- Because former Code 1933, § 24-2713 (see now O.C.G.A. § 15-6-59) provided that the powers and duties of a deputy clerk shall be the same as those of the clerk, a deputy clerk under former Code 1933, § 71-101 (see now O.C.G.A. § 45-17-1.1) may appoint a notary public in the same manner as the clerk; no other person has this authority. 1958-59 Op. Att'y Gen. p. 60.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Clerks of Court, §§ 3, 41.
C.J.S.- 21 C.J.S., Courts, § 344 et seq.
