Opinions

Disposition of surplus proceeds from the sale of forfeited or abandoned weapons pursuant to O.C.G.A. § 17-5-52.1 should be made to the general fund of the political subdivision that disposed of such weapons.

Disposition of surplus proceeds from the sale of forfeited or abandoned weapons pursuant to O.C.G.A. § 17-5-52.1 should be made to the general fund of the political subdivision that disposed of such weapons.

Costs collected under O.C.G.A. § 9‑11‑55 as a condition precedent to opening cases in default should be held in the court registry pending disposition of the case, and then the monies should be disbursed to the prevailing party based on the judgment or dismissal.

The Federal Juvenile Delinquency Act provides authority for Columbia County to assume jurisdiction over matters of juvenile delinquency occurring on the Fort Gordon military installation, except under those circumstances where the federal authority makes a certification under 18 U.S.C. § 5032 that the state system cannot assume such jurisdiction.

Inmate firefighters should be considered volunteer firefighters as defined in O.C.G.A. §　25-4-3(9) (Supp. 2011) and not a separate category. The Georgia Firefighter Standards and Training Council has the authority to set minimum requirements for volunteer firefighters, the category to which inmates belong, serving as firefighters on fire departments as defined in O.C.G.A. §　25-3-21(2)(B) and to establish and modify by rule and regulation minimum requirements for such fire departments generally, regardless of whether they are staffed solely or partially with inmate firefighters.

Investigators of the Enforcement Division who are certified as peace officers may enforce the new statute of aggravated identity fraud, O.C.G.A. §　16-9-121.1, by arrest and the execution of search warrants provided that it is the result of a criminal investigation of an alleged violation of the workers’ compensation laws of Chapter 9 of Title 34.

The five percent limitation on alternative investments for the Georgia Firefighters’ Pension Fund is to be based upon the assets’ aggregate historical cost.

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

A member of the Georgia Government Transparency and Campaign Finance Commission may serve no more than one complete four year term of office, as set by law, and may for a period of less than a complete term hold over in office until his successor is duly appointed and properly takes office.

The Georgia Aviation Authority is not a law enforcement agency within the meaning of O.C.G.A. § 16‑13‑49 for the purpose of sharing in forfeiture funds

Supplementation of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

The “Crime Victims’ Bill of Rights,” O.C.G.A. § 17‑17‑1 through ‑16, has only limited application to juvenile court proceedings.

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

Unless and until the General Assembly adopts clarifying legislation, it is within the sound discretion of the TRS Board of Trustees to determine whether teachers who are employed not less than half-time by commission charter schools must be members of the Teachers Retirement System.

O.C.G.A. § 35‑3‑37(d)(1) permits both the original arresting agency and the Georgia Crime Information Center to recover reasonable fees for the actual cost of expunging arrest records and accompanying documents up to $50.00 each.

The judicial operations fund fee imposed by O.C.G.A. § 15-21A-6.1(a) applies to the fee to be remitted to clerks of superior court for the issuance of certificates of appointment and reappointment to notaries public.

When the General Assembly extends a sunset date in subsection (h) of Code section 48-8-67 in the manner of 2009 Ga. Laws 723, the extended authority to process unidentifiable sales tax proceeds pursuant to the Code section applies to undisbursed, unidentifiable proceeds of a preceding period of time, which began with the earlier sunset date and ended with its extension (the ¨gap period¨).

The Georgia Department of Transportation’s authority to enter a binding contract pursuant to the former Public Private Initiatives law was revoked by the 2009 Public Private Partnership law; those projects or portions of projects which were not formalized by an executed contract with the selected firm before May 11, 2009, must be re-procured under the authority and provisions of the 2009 law.

A lawyer/legislator may represent the legal interests of a Georgia company on matters in other states, including political consulting and the drafting of legislation.  However, even where there may not be a per se conflict of interest, a lawyer/legislator must always vigilantly guard against such conflicts developing depending upon the facts and circumstances of each situation, especially where matters arise involving the lawyer/legislator’s own actions in the consideration of legislation within the General Assembly.

The state and its departments, agencies, and authorities, including the Georgia Department of Transportation and its construction projects, are not subject to the “post-development stormwater runoff” regulations or other ordinances adopted by a local government, local authority, or regional authority, including the model ordinance promulgated by the Metropolitan North Georgia Water Planning District.

The director of the Georgia Public Defender Standards Council has broad authority and is responsible for the day to day operation of the agency.   The Council’s limited responsibilities, to be carried out concurrently with the director, include setting standards, conducting audits, making financial disclosures, receiving funds, providing for legal education, reporting to the General Assembly, and providing procedures for the appointment of conflict council.

Code section 46‑2‑5 is constitutional; the Commission does not have the authority to declare the statute unconstitutional; the Commission is not free to disregard the statute; the Commission may not select a chairman for a two-year term; and a chairman whose term commences on July 1, 2009, may serve beyond January 16, 2010, only if there are no other commissioners eligible to serve as chairman under O.C.G.A. § 46‑2‑5(b)(2).

Because of the constitutional requirement that the branches of government must remain forever separate and distinct, an assistant district attorney, whether paid by a county or by the State, may not serve as a member of the General Assembly.

The City of Snellville is preempted by the Georgia Air Quality Act from adopting a comprehensive ordinance that would impose air quality related regulatory requirements and emission limitations on the operation of a crematorium.

Under general law, Georgia boards of education are not empowered to share services by creating and utilizing a nonprofit corporation such as the Consortium for Adequate School Funding in Georgia, Inc., for the purpose of challenging state school funding by litigation or otherwise.

The General Assembly was authorized to place the GPDSC in the executive branch and a suit by GPDSC, whether by pro bono counsel or otherwise, against the State for so placing the GPDSC in the executive branch (or for any other reason) would be ultra vires and illegal.

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

Vacancies in the offices of mayor and council members for the City of Willacoochee should be filled by special election held on a statutorily authorized date and not by appointment of the remaining members of the city council.

Georgia law prohibits the Office of Child Support Services from honoring a request from a custodial parent to disburse any portion of child support monies it receives to a private collection agency.

The enforcement provisions of O.C.G.A. § 40‑6‑253 remain in effect, including for bottles of wine resealed pursuant to O.C.G.A. § 3‑6‑4, and the 2008 changes in Georgia law were not intended to and did not authorize carrying open alcoholic beverage containers in the passenger area of vehicles.

Fingerprinting in regard to 2008 legislative amendments to O.C.G.A. § 40‑5‑20 and O.C.G.A. § 40‑5‑121.

The Department’s probation staff may assist prosecuting attorneys in obtaining necessary reports and files and in creating delinquency petitions but may not conduct an accusatory proceeding.  The Department’s probation staff must also comply with valid court orders issued pursuant to O.C.G.A. § 15‑11‑24.2(6).

The amount required to be withheld and paid over to the Peace Officers’ Annuity and Benefit Fund in criminal or quasi-criminal cases for violation of state statutes, county ordinances, or municipal ordinances is not required to be withheld and paid over in cases involving the failure to wear a seat safety belt in a motor vehicle under O.C.G.A. § 40-8-76.1(e).
 

The Department of Revenue is authorized to provide access to the information contained in the Georgia Registration and Title Information System only for the purposes mandated by the Driver's Privacy Protection Act of 1994, or to those state agencies designated in O.C.G.A. § 40-2-130(c), O.C.G.A. § 40-3-23(d), and O.C.G.A. § 33-34-9.

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

A probate judge serving in a county with a population of over 96,000, where jury trials are authorized in the probate court, must have been both admitted to the practice of law and be a member of the Georgia Bar for seven years prior to his or her election.

Miscellaneous questions concerning the procurement of goods and services under the set aside provisions of Georgia’s State Use Law.

A county may not borrow from county Special Purpose Local Option Sales Tax (SPLOST) proceeds to fund expenditures other than voter-approved capital projects authorized in the SPLOST statutes. 

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.