In cases of contempt by either party, a witness, or other persons, upon application to the court making the appointment, the judge thereof shall take such proceedings and impose such penalty as the facts authorize or require.
§ 9-7-7.Contempt referred to superior court
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceBecause an auditor cannot punish contempt directly, this section requires anyone who defies the auditor’s authority — a party, witness, or bystander — to be referred to the judge who made the appointment, who then handles the proceedings and imposes whatever penalty the facts warrant.
Full Text of § 9-7-7
Plain-English Summary
This section fills the one gap left in the auditor’s otherwise broad toolkit. The auditor can subpoena witnesses, compel document production, and rule on motions, but cannot hold anyone in contempt — that judicial power stays with the court. When a party, a witness, or another person defies the auditor’s authority, the matter goes back to the judge who made the appointment in the first place.
The mechanism is application to that court: someone brings the contempt issue before the appointing judge, who then takes such proceedings and imposes such penalty as the facts authorize or require, leaving the judge discretion over both the process and the punishment.
Frequently Asked Questions
Can an auditor hold a witness in contempt directly?
No — contempt matters must be referred to the court that made the appointment.
Who can be found in contempt during an auditor’s proceedings?
Either party, a witness, or other persons.
Who decides the penalty for contempt arising in an auditor proceeding?
The judge of the court that made the appointment.
How does a contempt issue reach the appointing judge?
Upon application to the court making the appointment.
Does this section specify what penalties are available for contempt?
No — it leaves the judge to take such proceedings and impose such penalty as the facts authorize or require.
Amendment History
Ga. L. 1894, p. 123, § 3; Civil Code 1895, § 4583; Civil Code 1910, § 5129; Code 1933, § 10-103.
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
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