Have You Been Charged with Acceptance of Office or Employment in More Than One Branch of Government in Georgia?
Crimes against public administration are very specific crimes and require knowledgeable representation to fight! If you or a loved one has been charged with accepting office or employment in more than one branch of government, you need a crime against public administration attorney in Georgia today. Lawson and Berry has over 50 combined years of criminal defense experience so put their expertise to work for you today.
O.C.G.A. §16-10-9 reads
It shall be unlawful for
- Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of the state government;
- Judges of courts or record or their clerks and assistants to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the legislative branch of the state government; or
- Officers or employees of the executive branch of the state government to accept or hold office or employment in the legislative or judicial branches of the state government.
Georgia Case Law
Some examples where the Court has found that people are in violation of the statute include:
- A member of the General Assembly could not simultaneously hold employment as a faculty member with the University System of Georgia because of the potential for conflicting interests.
- An employee of the executive branch of state government was not allowed to run for justice of the peace since a justice of the peace is a state officer in the judicial branch.
- A clerk of superior court cannot lawfully serve as a member of the General Assembly.
- A staff member of the judicial branch of the General Assembly is prohibited from employment as a graduate research assistant, laboratory, or teaching assistant at any unit of the University System of Georgia.
Penalty for Violating O.C.G.A. §16-10-9
A person who knowingly disburses or receives any compensation or money for violating this statute will be guilty of a misdemeanor. Misdemeanor offenses in Georgia come with a $1,000 fine or 12 months in jail, or both.
Contact us for a free case evaluation as soon as you have been charged. Our Criminal Defense Attorneys in Georgia are top of their field and can get a favorable outcome. Don't waste time trying to handle your case by yourself; contact us now.