Department of Law
State Of Georgia

July 16, 1996

J. Scott McClain, Esq.
3900 One Atlantic Center
1201 West Peachtree Street, N.W.
Atlanta, Georgia 30309-3417

re: constitutionality of O.C.G.A. s 16-9-33.1

Dear Mr. McClain:

Your letter to Michael J. Bowers regarding the above-referenced code section has been referred to me for review and response. Our normal practice is to write opinions upon request from our clients, that is, state agencies, state employees, and in particular, the Governor. We have had no request to write an opnion from the Governor's Office, and district attorney, or any other state official. The Governor's Office has indicated that they are not making any such request at this time, and, therefore, absent such a request, we do not intend to write an opinion.

Should the Governor or a state official request an opinion, we will address the issue at that time. Should a particular legislator or other state official request our assistance, we are always willing to review proposed legislation and to assist in drafting legislation to try to address problems that have arisen.



Mary Beth Westmoreland
Deputy Attorney General