Georgia Ass'n of Professional Process Servers v. Jackson

Citations: 302 Ga. 309; 806 S.E.2d 550Docket: S17A1079

Court: Supreme Court of Georgia; October 16, 2017; Georgia; State Supreme Court

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In this appeal regarding OCGA 9-11-4.1, which governs statewide certified process servers, the Georgia Association of Professional Process Servers (the Association) sought mandamus, declaratory judgment, and injunctive relief against the sheriffs of several counties. The Association claimed the Sheriffs conspired to obstruct the use of certified process servers and failed to consider individual petitions for certification, thereby rendering the statute ineffective. The Sheriffs maintained that the statute grants them the authority to decide whether to permit certified process servers in their jurisdictions.

After discovery, both parties filed cross-motions for summary judgment. The trial court ruled in favor of the Sheriffs, denying the Association's motion, and concluded that the Association was not entitled to the relief sought based on a straightforward interpretation of the statute. The Association's claims for declaratory and injunctive relief were deemed barred by sovereign immunity, leading to the vacating of that portion of the trial court's order and a remand for dismissal. 

The trial court correctly granted summary judgment on other claims, noting that the statute's plain language prohibits such relief. It found that mandamus was inappropriate since the Association's members could seek appointments as permanent process servers through alternative means. Additionally, the statute grants discretion to the Sheriffs regarding the allowance of certified process servers, preventing judicial compulsion. The Association's request for attorney fees was also denied. 

Certified process servers, as outlined in OCGA 9-11-4.1(a), must be at least 18 years old and file an application with a county sheriff to obtain certification, valid for three years unless revoked. They must provide written notice to the sheriff before serving process in any county, which is valid for one year, requiring renewal thereafter.

The Sheriffs have invoked the defense of sovereign immunity, which may prevent the trial court from addressing the merits of the Association's claims for injunctive relief and declaratory judgment. Citing prior case law, including Georgia Dept. of Natural Resources v. Center for a Sustainable Coast and Olvera v. Univ. System of Ga. Bd. of Regents, the court reiterates that sovereign immunity bars these claims even if they are based on constitutional grounds. The court emphasizes that sovereign immunity is a jurisdictional issue that cannot be waived and must be addressed at any stage of the proceedings. Consequently, the trial court should have dismissed the Association's claims due to sovereign immunity, leading to the decision to vacate that portion of the trial court’s order and remand for further proceedings.

Regarding the Association's mandamus claims, the court determines whether the trial court erred in granting summary judgment. A writ of mandamus requires that (1) no other adequate legal remedy exists and (2) the claimant has a clear legal right to the relief sought. The court finds that the Association failed to demonstrate a clear legal right to mandamus relief, as the law must not only authorize but also require action by the public official. If the official has discretion regarding the action, mandamus cannot compel a specific result; it can only compel the exercise of discretion. The court concludes that the trial court acted correctly in its findings concerning the mandamus claims.

In Bibb County, it was determined that while mandamus could compel the Secretary of State to fulfill his duty to establish county boundary lines, it could not dictate the specific location of that line. The Association argued that the Sheriffs held a "clear legal duty" to allow certified process servers to serve process once they met statewide qualifications under OCGA 9-11-4.1(b). The Association contended that the trial court erred by interpreting the statute to grant Sheriffs "absolute discretion" to permit or deny certified process servers, which they claimed rendered the statute ineffective. However, the court found that the statute clearly allows each Sheriff to decide whether to permit certified process servers in their counties, separate from the duty to process certification applications. Consequently, the Association did not demonstrate that the Sheriffs breached any legal duty by exercising their discretion. The trial court's summary judgment in favor of the Sheriffs was affirmed, and the Association was not entitled to attorney fees under OCGA 13-6-11. The judgment was partially affirmed and partially vacated, and the case was remanded with direction. The trial court noted procedural issues regarding the Association's failure to serve the Attorney General and found moot claims regarding Sheriffs' refusal to process applications, as affidavits indicated they understood their duties. The Sheriffs were sued in their official capacities, and sovereign immunity barred injunctive or declaratory relief against them. The court did not address whether a Sheriff’s decision could be challenged without specific allegations of willful misconduct, as no such claims were made in this case.