§ 45-11-4 — Unprofessional conduct; misdemeanor; applicability

(a) As used in this Code section, the term: (1) "County officer" means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner. (2) "Municipal officer" means any mayor or elected member of any municipal governing authority. (3) "Public officer" means a county officer, a municipal officer, and state officials as provided in Code Section 45-15-11 . (b) A public officer may be charged under this Code section for: (1) Malpractice, misfeasance, or malfeasance in office; (2) Using oppression or tyrannical partiality in the administration or under the color of his or her office; (3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so; (4) Using any other deliberate means to delay or avoid the due course or proceeding of law; or (5) Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office. (c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor, and upon conviction in a court of competent jurisdiction, the accused shall be removed from office. (d) This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty. (e) This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders.

Legislative History

Amended by 2016 Ga. Laws 350,§ 8, eff. 7/1/2016. Amended by 2014 Ga. Laws 669,§ 45, eff. 4/29/2014. Amended by 2011 Ga. Laws 50,§ 1-67, eff. 7/1/2011. Amended by 2001 Ga. Laws 197, § 3, eff. 4/20/2001.