9-6-20. When mandamus may issue; exceptions.

Active

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

All official duties should be faithfully performed, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance if there is no other specific legal remedy for the legal rights; provided, however, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.

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, § 3130; Code 1868, § 3142; Code 1873, § 3198; Code 1882, § 3198; Civil Code 1895, § 4867; Civil Code 1910, § 5440; Code 1933, § 64-101; Ga. L. 2009, p. 643, § 1/HB 221.

Cross references

Petitioning for mandamus to compel auditor in superior court to certify exceptions to report of auditor, § 9-7-15. Applications for mandamus, Rules of the Court of Appeals of the State of Georgia, Rule 31.

Law reviews

For article discussing the inefficiency of mandamus and impeachment as remedies for judicial inaction, see 5 Ga. St. B.J. 467 (1969). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article, “A Taxing Exception: Southern LNG, Inc. v. MacGinnitie’s Narrow Interpretation of the Mandamus Exception,” see 66 Mercer L. Rev. 855 (2015). For note, “The Case of the Vanishing Supreme Court Contest: Barrow v. Raffensperger Eliminates the Power of the People to Elect their Appellate, Superior, and State Court Judges,” see 72 Mercer L. Rev. 957 (2021).

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 t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 506 to 507; merge action: carried; file SHA-256 ea8a520ad52f.