§ 9-2-29.Plaintiff in penal action
Chapter 2. Actions Generally · Article 2. Parties · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-2-29
Plain-English Summary
A penal action, as defined elsewhere in this chapter, pursues public justice under a particular statute rather than a private grievance. That raises a question civil litigation doesn’t usually face: who stands in as plaintiff on behalf of the public?
This section supplies a default answer for the cases where the statute creating the penal action doesn’t name a special officer to bring it. In that gap, the state itself, the Governor, the Attorney General, or a prosecuting attorney may serve as plaintiff.
The rule keeps penal actions from stalling for lack of a plaintiff. Rather than leaving a fine or forfeiture unrecoverable because the statute never specified who should sue for it, the section supplies a ready list of public officials empowered to fill that role.
Frequently Asked Questions
Who can be the plaintiff in a Georgia penal action?
If no special officer is authorized to be the plaintiff, the state, the Governor, the Attorney General, or a prosecuting attorney may serve as plaintiff.
Does this section apply when a statute already names a specific officer to bring the action?
No. The section applies only when no special officer is authorized to be the plaintiff in the penal action.
Can a private citizen be the plaintiff in a penal action under this section?
The section lists the state, the Governor, the Attorney General, and a prosecuting attorney as the available plaintiffs when no special officer is authorized; it does not list private citizens.
What is a “penal action” under Georgia law?
Georgia Code Section 9-2-1 defines a penal action as one allowed in pursuit of public justice under particular laws, distinct from a civil action founded on private rights.
Does this section require a prosecuting attorney to bring every penal action?
No. It offers alternatives — the state, the Governor, the Attorney General, or a prosecuting attorney — without requiring that a prosecuting attorney be the one to act.
Amendment History
Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Code 1895, § 4933; Civil Code 1910, § 5510; Code 1933, § 3-103.