The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal.
§ 9-6-42.Prohibition against executive and military officers; Governor exempt
Chapter 6. Extraordinary Writs · Article 3. Prohibition · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section exempts the duly inaugurated Governor from the writ of prohibition while making all other executive or military officers subject to it whenever they are acting as a judicial or quasi-judicial tribunal rather than in a purely administrative role.
Full Text of § 9-6-42
Plain-English Summary
This section draws a boundary around who can be reached by a writ of prohibition among Georgia’s executive and military officers. The Governor sits outside that boundary entirely — the writ will not lie against a duly inaugurated Governor, full stop.
Every other executive or military officer is different. Prohibition reaches them, but only in a particular role: when they are acting as a judicial or quasi-judicial tribunal. That limitation matches the nature of the writ itself, which restrains jurisdictional overreach by a tribunal — it does not extend to an officer’s ordinary administrative or executive functions.
So the practical question for any officer other than the Governor is not whether he holds an executive or military office, but what capacity he was acting in when the challenged action took place. Only action taken while sitting in a judicial or quasi-judicial capacity brings him within reach of the writ.
Frequently Asked Questions
Can a writ of prohibition be directed at the Governor of Georgia?
No. The section states that the writ of prohibition will not lie to the duly inaugurated Governor.
Can a writ of prohibition reach other executive branch officers?
Yes. It lies to all other executive or military officers, subject to the limitation described in the section.
Under what circumstance does prohibition apply to an executive or military officer?
It applies when the officer is acting as a judicial or quasi-judicial tribunal.
Does this section allow prohibition against an officer performing a purely administrative act?
The section limits prohibition to an officer acting as a judicial or quasi-judicial tribunal, so it does not extend the writ to purely administrative or executive action outside that capacity.
Why might the Governor be treated differently from other executive officers under this section?
The text does not give a reason for the distinction; it states the exemption for the duly inaugurated Governor while extending the writ to other executive and military officers acting in a judicial or quasi-judicial capacity.
Amendment History
Orig. Code 1863, § 3134; Code 1868, § 3146; Code 1873, § 3202; Code 1882, § 3202; Civil Code 1895, § 4877; Civil Code 1910, § 5450; Code 1933, § 64-303.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia writ of prohibition governorprohibition executive officer georgiaprohibition military officer georgiaquasi-judicial tribunal prohibition georgia