Georgia Official and Statistical Register 1983-84 - the Digital Library ...

Paragraph VIII. Filling vacancies, (a) When any publicoffice shall become vacant by death, resignation, or otherwise,the Governor shall promptly fill such vacancy unless otherwiseprovided by this Constitution or by law; and persons soappointed shall serve for the unexpired term unless otherwiseprovided by this Constitution or by law.(b) In case of the death or withdrawal of a person whoreceived a majority of votes cast in an election for the office ofSecretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at thesame election, upon becoming Governor, shall have the powerto fill such office by appointing, subject to the confirmation ofthe Senate, an individual to serve until the next general electionand until a successor for the balance of the unexpired term shallhave been elected and qualified.Paragraph IX. Appointments by Governor. The Governorshall make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required bythe Senate is once rejected by the Senate, that person shall notbe renominated by the Governor for appointment to the sameoffice until the expiration of a period of one year from the dateof such rejection.Paragraph X. Information from officers and employees.The Governor may require information in writing from constitutional officers and all other officers and employees of theexecutive branch on any subject relating to the duties of theirrespective offices or employment.SECTION III.OTHER ELECTED EXECUTIVE OFFICERSParagraph I. Other executive officers, how elected. TheSecretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in themanner prescribed for the election of members of the GeneralAssembly and the electors shall be the same. Such executiveofficers shall be elected at the same time and hold their officesfor the same term as the Governor.Paragraph II. Qualifications, (a) No person shall be eligible to the office of the Secretary of State, Attorney General,State School Superintendent, Commissioner of Insurance,Commissioner of Agriculture, or Commissioner of Laborunless such person shall have been a citizen of the U nited Statesfor ten years and a legal resident of the state for four yearsimmediately preceding election or appointment and shall haveattained the age of 25 years by the date of assuming office. Allof said officers shall take such oath and give bond and security,as prescribed by law, for the faithful discharge of their duties.(b) No person shall be Attorney General unless such personshall have been an active-status member of the State Bar ofGeorgia for seven years.Paragraph III. Powers, duties, compensation, and allowances of other executive officers. Except as otherwise providedin this Constitution, the General Assembly shall prescribe thepowers, duties, compensation, and allowances of the aboveexecutive officers and provide assistance and expenses necessary for the operation of the department of each.Paragraph IV. Attorney General; duties. The AttorneyGeneral shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in allcapital felonies and in all civil and criminal cases in any courtwhen required by the Governor, and shall perform such otherduties as shall be required by law.SECTION IV.DISABILITY OF EXECUTIVE OFFICERSParagraph I. "Elected constitutional executive officer, "howdefined. As used in this section, the term "elected constitutionalexecutive officer" means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the StateSchool Superintendent, the Commissioner of Insurance, theCommissioner of Agriculture, and the Commissioner of Labor.Paragraph II. Procedure for determining disability. Uponapetition of any four of the elected constitutional executiveofficers to the Supreme Court of Georgia that another electedconstitutional executive officer is unable to perform the dutiesof office because of a physical or mental disability, the SupremeCourt shall by appropriate rule provide for a speedy and publichearing on such matter, including notice of the nature andcause of the accusation, process for obtaining witnesses, andthe assistance of counsel. Evidence at such hearing shall includetestimony from not fewer than three qualified physicians inprivate practice, one of whom must be a psychiatrist.Paragraph HI. Effect of determination of disability. If, afterhearing the evidence on disability, the Supreme Court determines that there is a disability and that such disability is permanent, the office shall be declared vacant and the successor tothat office shall be chosen as provided in this Constitution orthe laws enacted in pursuance thereof. If it is determined thatthe disability is not permanent, the Supreme Court shall determine when the disability has ended and when the officer shallresume the exercise of the powers of office. During the periodof temporary disability, the powers of such office shall beexercised as provided by law.ARTICLE VI.JUDICIAL BRANCHSECTION I.JUDICIAL POWERParagraph I. Judicial power of the state. The judicial powerof the state shall be vested exclusively in the following classes ofcourts: magistrate courts, probate courts, juvenile courts, statecourts, superior courts, Court of Appeals, and Supreme Court.Magistrate courts, probate courts, juvenile courts, and statecourts shall be courts of limited jurisdiction. In addition, theGeneral Assembly may establish or authorize the establishmentof municipal courts and may authorize administrative agenciesto exercise quasi-judicial powers. Municipal courts shall havejurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraphand in Section X, municipal courts, county recorder©s courtsand civil courts in existence on June 30,1983, and administrative agencies shall not be subject to the provisions of this article.Paragraph II. Unified judicial system. All courts of the stateshall comprise a unified judicial system.Paragraph III. Judges; exercise of power outside own court;scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon therequest and with the consent of the judges of that court and ofthe judge©s own court under rules prescribed by law. The term"judge," as used in this article, shall include Justices, judges,senior judges, magistrates, and every other such judicial officeof whatever name existing or created.Paragraph IV. Exercise of judicial power. Each court mayexercise such powers as necessary in aid of its jurisdiction or toprotect or effectuate its judgments; but only the superior andappellate courts shall have the power to issue process in thenature of mandamus, prohibition, specific performance, quo11