2025 Code of Georgia
Title 28 - General Assembly (Chs. 1 — 12)

Annotations

JUDICIAL DECISIONS

Members of General Assembly are entitled to immunity against harassment of any type of legal action against them in connection with acts done by them in a strictly official capacity. Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S. E.2d 585, 1963 Ga. LEXIS 449 (1963); Saleem v. Snow, 217 Ga. App. 883, 460 S. E.2d 104, 1995 Ga. App. LEXIS 628 (1995).

Judiciary cannot modify, amend, or repeal legislative action, nor concern itself with the wisdom of it. That is a field in which only the legislature may work. Sirota v. Kay Homes, Inc., 208 Ga. 113, 65 S. E.2d 597, 1951 Ga. LEXIS 304 (1951).

That the judiciary under the Constitution is wholly without jurisdiction to adjudicate a purely political question is not an open question. Also, it is the settled law of this state that actions of the General Assembly taken in virtue of a power conferred by the Constitution and in conforming with the provisions of the Constitution, are not subject to review by the courts. Thompson v. Talmadge, 201 Ga. 867, 41 S. E.2d 883, 1947 Ga. LEXIS 352 (1947).

Research References & Practice Aids

Election and term of members, Ga. Const. 1983, Art. III, Sec. II, Para. V.

Legislative privileges and immunity, Ga. Const. 1983, Art. III, Sec. IV, Para. IX.

Advertisement of notice to introduce local legislation, Ga. Const. 1983, Art. III, Sec. V, Para. IX.

Exercise of powers, Ga. Const. 1983, Art. III, Sec. VI.

Special sessions of the General Assembly, Ga. Const. 1983, Art. V, Sec. II, Para. VII.

Rules of statutory construction, § 1-1-1 et seq. and § 1-3-1 et seq.

Grounds for continuance of case applicable to members and staff of General Assembly, § 9-10-150.

Legislator attending General Assembly excused as a witness, § 9-10-159.

Exemption from jury duty for members of General Assembly, § 15-12-2.

Date of election for offices, § 21-2-9.

Vacancies and special elections for members of General Assembly, § 21-2-544.

Acceptance of contributions or pledges during legislative sessions, § 21-5-35.

Legislators’ exemption from attending or testifying at hearing or trial or to produce evidence during legislative session, § 24-13-29.

Audit regulatory agencies, § 43-2-1 et seq.

For article, “SB 6: The Review, Creation, and Extension of Georgia Tax Credits and Deductions,” see 38 Ga. St. U. L. Rev. 167 (2021).

72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 50 et seq., 62 et seq.