Title 45, Chapter 11, Section 4
(a) As used in this Code section, the term:
(1) "County officer" shall mean 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" shall mean any mayor or elected member of
any municipal governing authority.
(3) "Public officer" shall mean 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
(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
(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.
(f) Any indictment brought pursuant to subsection (b) of this Code
section shall specially set forth the merits of the complaint
against the accused public officer. A copy of the proposed bill of
indictment shall be served on the accused public officer at least 15
days before it is presented to the grand jury.
(g) The accused shall have the right to appear before the grand jury
to make such sworn statement as he or she shall desire at the
conclusion of the presentation of the state's evidence. The accused
shall not be subject to examination, either direct or cross, and
shall not have the right individually or through his or her counsel
to examine the state's witnesses. The accused and his or her
counsel shall have the right to be present during the presentation
of all evidence and alleged statements of the accused on the
proposed indictment, presentment, or accusation, after which the
accused and his or her counsel shall retire instanter from the grand
jury room to permit the grand jury to deliberate upon the
(h) At any time during the presentation of evidence or during
deliberations, the grand jury may amend the indictment or instruct
the district attorney to cause a new indictment to be drawn as in
any other case. In such case, a copy of the amendment or new
indictment, if it relates to the accused public official, shall be
provided to the accused public official and his or her counsel.
(i) If a true bill is returned by the grand jury, the indictment
shall, as in other cases, be published in open court and shall be
placed on the superior court criminal docket of cases to be tried by
a petit jury.