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.
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).
Structure Georgia Code
Title 45 - Public Officers and Employees
Article 2 - Powers and Duties Generally
§ 45-12-20. Grant of Commissions
§ 45-12-21. Issuance of Warrants for Payments From Treasury
§ 45-12-22. Suspension of Collection of Taxes
§ 45-12-23. Incapacity of Commissioner of Insurance
§ 45-12-25. Books of Record to Be Maintained by Governor
§ 45-12-26. Defense of Action in Which State Has Interest
§ 45-12-27. Calling Out Militia to Execute Laws
§ 45-12-28. Calling Out Militia for Defense of State in Case of Invasion or Insurrection
§ 45-12-29. Powers to Prevent Violence and Maintain Order — General Authority
§ 45-12-34. Powers to Prevent Violence and Maintain Order — Enforcement of Rules and Regulations
§ 45-12-39. Annual Report to General Assembly on Administration’s Policies and Goals