Delay v. Sutton

Summary

The Supreme Court of Georgia affirmed the trial court’s grant of a writ of quo warranto, holding that House Bill 597’s delegation of appointment authority for four members of the DeKalb County Board of Ethics to private entities violates the Georgia Constitution’s requirement that the power to appoint public officers remain in the public domain. The Court relied on Rogers v. Medical Association of Georgia and reaffirmed that a referendum does not cure a constitutional defect.