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Official Code of Georgia Annotated

Title 45. PUBLIC OFFICERS AND EMPLOYEES · Chapter 12. GOVERNOR · Article 2. POWERS AND DUTIES GENERALLY

45-12-26. Defense of action in which state has interest.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Unless otherwise specially provided for, the Governor, in his discretion, shall provide for the defense of any action instituted against the state or any action instituted against any person, the result of which is of interest to the state because of any claim inconsistent with the state’s sovereignty, jurisdiction, or rights.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 24; Code 1868, § 22; Code 1873, § 22; Code 1882, § 22; Civil Code 1895, § 23; Civil Code 1910, § 23; Code 1933, § 40-209.

Cross references

Power of Governor to direct Department of Law to institute and prosecute matters, proceedings, and litigations in name of state, § 45-15-35.

Law reviews

For note, ‘‘Perdue v. Baker: Who Has the Ultimate Power Over Litigation on Behalf of the State of Georgia — The Governor or the Attorney General?,’’ see 21 Ga. St. U.L. Rev. 751 (2005).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t45-(v33)-2016-pdf.pdf, Volume V33, 2016 edition, pages 299 to 300; merge action: carried; file SHA-256 7dfce9a0fd88.