Gov. Brian Kemp signed an executive order Friday directing a three-member committee to investigate Hall County Sheriff Gerald Couch, weeks after Couch was arrested on DUI charges in his own county.
What’s Happening: The order names Attorney General Christopher Carr, Greene County Sheriff Donnie Harrison, and Glascock County Sheriff Jeremy Kelley to the committee. The Georgia Sheriffs’ Association formally requested the investigation in a letter to the governor dated March 3.
What’s Important: The investigation is authorized under Georgia Code Section 15-16-26, a state law that allows the governor to form an investigative committee when a sheriff faces criminal charges, alleged misconduct in office, or alleged incapacity to carry out the duties of the office. The committee has 30 days from Friday to deliver its findings to Kemp.
How This Affects Real People: Couch remains the elected sheriff of Hall County while the investigation is underway. Georgia law does not automatically remove a sheriff from office upon arrest.
The Path Forward: Under Georgia Code Section 15-16-26, the governor may suspend a sheriff based on the committee’s report, pending further proceedings.
Catch Up Quick: Couch was arrested February 27 after a Hall County deputy spotted his county-issued black Chevrolet Tahoe drifting out of its lane on Green Hill Road. Georgia State Patrol took over the stop after the deputy realized the driver was the sheriff. A subsequent incident report showed Couch told troopers he had been drinking Four Loko starting at 6 a.m. His breath test came back at .212, more than twice the legal limit of .08. He was booked into the Hall County jail and released on a $1,560 bond.
Between The Lines: In Georgia, sheriffs are constitutional officers, who are selected by voters. However, when it comes to accountability and issues where a sheriff runs afoul of the law, this creates a headache as the Sheriff is not subject to county government but to the voters. To combat this, the governor is given powers to hold sheriffs accountable. This prevents a sheriff from having unchecked power.
