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03 LC 18 2473S
Senators Adelman of the 42nd and Meyer von Bremen of the 12th offered the following substitute to SR 85:
A RESOLUTION
Expressing support for the Attorney General of the State of
Georgia and urging him to maintain his constitutionally decreed independence
from the Governor and other branches of state government; and for other
purposes.
WHEREAS, the Attorney General of the State of Georgia has announced his intention to pursue the appeal currently pending before the United States Supreme Court in Georgia v. Ashcroft, 195 F. Supp. 2d 25 (D.C.D.C. 2002), prob. Juris. Noted., 71 U.S.L.W. 3137, 71 U.S.L.W. 3483, 71 U.S.L.W. 3486 (U.S. Jan 17, 2003); and
WHEREAS, Article V, Section III, Paragraph III of the Constitution provides that "Except as otherwise provided in this Constitution, the General Assembly shall prescribe the powers, duties, compensation, and allowances of the above executive officers and provide assistance and expenses necessary for the operation of the department of each"; and
WHEREAS, Code Section 45-15-9 of the Official Code of Georgia Annotated provides that "The Attorney General shall represent the state in all actions before the Supreme Court of the United States. . . ."; and
WHEREAS, Code Section 45-15-3 of the Official Code of Georgia Annotated provides that "It shall be the duty of the Attorney General: . . . To represent the state in all civil actions tried in any court;" and
WHEREAS, Code Section 45-15-34 of the Official Code of Georgia Annotated provides that "The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof."; and
WHEREAS, under these Constitutional provisions and statutes, the independence of the Attorney General from the Governor and other branches of government is made plain; and
WHEREAS, the Governor of the State of Georgia has exceeded his authority in directing the Attorney General to dismiss this appeal; and
WHEREAS, certain members of the Georgia Senate have introduced a resolution alleging the Attorney General is acting illegally in continuing this appeal in the face of the Governor's opposition; and
WHEREAS, it is clear that the Attorney General, in independently carrying out his legal duty, is complying with the Georgia constitution and Georgia statutes.
NOW THEREFORE BE IT RESOLVED by the Senate that this body expresses its support of the Attorney General of the State of Georgia in carrying out his duties under the law.
BE IT FURTHER RESOLVED that the Governor of the State of Georgia and members of the Senate are urged to refrain from future attempts to impermissibly encroach on the duties of the Attorney General of Georgia.
WHEREAS, the Attorney General of the State of Georgia has announced his intention to pursue the appeal currently pending before the United States Supreme Court in Georgia v. Ashcroft, 195 F. Supp. 2d 25 (D.C.D.C. 2002), prob. Juris. Noted., 71 U.S.L.W. 3137, 71 U.S.L.W. 3483, 71 U.S.L.W. 3486 (U.S. Jan 17, 2003); and
WHEREAS, Article V, Section III, Paragraph III of the Constitution provides that "Except as otherwise provided in this Constitution, the General Assembly shall prescribe the powers, duties, compensation, and allowances of the above executive officers and provide assistance and expenses necessary for the operation of the department of each"; and
WHEREAS, Code Section 45-15-9 of the Official Code of Georgia Annotated provides that "The Attorney General shall represent the state in all actions before the Supreme Court of the United States. . . ."; and
WHEREAS, Code Section 45-15-3 of the Official Code of Georgia Annotated provides that "It shall be the duty of the Attorney General: . . . To represent the state in all civil actions tried in any court;" and
WHEREAS, Code Section 45-15-34 of the Official Code of Georgia Annotated provides that "The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof."; and
WHEREAS, under these Constitutional provisions and statutes, the independence of the Attorney General from the Governor and other branches of government is made plain; and
WHEREAS, the Governor of the State of Georgia has exceeded his authority in directing the Attorney General to dismiss this appeal; and
WHEREAS, certain members of the Georgia Senate have introduced a resolution alleging the Attorney General is acting illegally in continuing this appeal in the face of the Governor's opposition; and
WHEREAS, it is clear that the Attorney General, in independently carrying out his legal duty, is complying with the Georgia constitution and Georgia statutes.
NOW THEREFORE BE IT RESOLVED by the Senate that this body expresses its support of the Attorney General of the State of Georgia in carrying out his duties under the law.
BE IT FURTHER RESOLVED that the Governor of the State of Georgia and members of the Senate are urged to refrain from future attempts to impermissibly encroach on the duties of the Attorney General of Georgia.