Legal Question in Appeals and Writs in Georgia
How to appeal a Superior Court Judge Bannishment Order
My son in law sentenced to serve time and bannished from this county. He has served his time. Been reporting to his Parole officer, I asked Judge to lift bannishment so he can keep his good job in the county of bannishment. Judge says NO. What can we do?
1 Answer from Attorneys
Re: How to appeal a Superior Court Judge Bannishment Order
You have a very interesting question. If the banishment has been imposed by a Superior Court Judge, it is clearly unconsitutional under the Georgia Constitution. If what you have is an INS deportation Order for a felon, then it will be up to the Federal INS to lift the Order -- if at all.
Here is the Georgia Constitution citation: GA CONST Art. 1, s 1, P XXI TEXT
CODE OF GEORGIA
CONSTITUTION OF THE STATE OF GEORGIA
ARTICLE I. BILL OF RIGHTS
SECTION I. RIGHTS OF PERSONS
Copyright (C) 1982-2000 by The State of Georgia. All rights reserved.
Current through 2000 General Assembly
Paragraph XXI Banishment and whipping as punishment for crime.
Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.
Banishment limited to mean only banishment beyond limits of state. -- The drafters of the constitutional prohibition against banishment limited this general definition by choosing to define banishment more narrowly to mean only banishment beyond the limits of the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).
No prohibition against banishment from specified areas within state. -- The 1877 drafters of this constitutional provision intended to prohibit banishment "beyond the limits of the state," but not to prohibit banishment from specified areas within the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).
Banishment of a defendant from specified areas in Georgia, imposed as a condition for suspension of a sentence by a trial court, does not violate the public policy of the state. State v. Collett, 232 Ga. 668, 208 S.E.2d 472 (1974).