A. The Statutory Framework and the 2022 Amendment
OCGA § 9-4-7(c) requires service on the Attorney General when specified state enactments or governmental measures are challenged as unconstitutional or otherwise invalid. The Attorney General is entitled to defend the challenged measure and may appear as a party as of right.
Before 2022, the Supreme Court had construed the provision as applying only to declaratory-judgment actions in civil cases. The legislature then amended it to cover a challenge made “in an action for declaratory judgment or as a part of any other action.”
That added language was decisive. The provision’s placement within the declaratory-judgment chapter could no longer support limiting it to that procedural setting. The Court read the amendment as deliberately extending the service requirement beyond its former scope.
The statutory purpose reinforces this reading: the State must have an opportunity to defend its laws before a court adjudicates a challenge to their validity. Importantly, the requirement applies before the constitutional ruling, not merely when a court ultimately intends to invalidate the statute. The trial court’s decision upholding the statute therefore did not excuse the lack of service.
B. Precedents Cited and Their Significance
Chestnut Ridge, LLC v. Hall County Bd. of Tax Assessors, 323 Ga. 150 (2025)
This was the principal precedent governing the amended statute. It held that the service requirement applies to any action, or part of an action, alleging that a statute is unconstitutional. It also supplied the interpretive approach: changed statutory language ordinarily signals changed meaning, and clear text receives its natural and ordinary meaning in context.
Applying that approach, the Court treated “any other action” as broad enough to encompass a criminal prosecution. Chestnut Ridge, LLC v. Hall County Bd. of Tax Assessors also supported the conclusion that noncompliance prevented both the trial court and the reviewing court from deciding the constitutional question.
Williams v. Kaylor, 218 Ga. 576 (1963)
This decision established that compliance with the Attorney General service provision is “mandatory and goes to the jurisdiction of the court.” Its significance lies in the consequence of noncompliance: the omission is not simply a procedural irregularity that an opposing party must timely assert.
Although the statute’s reach has since expanded, the jurisdictional character of its service requirement remains central. The Court applied that established consequence to a constitutional challenge falling within the amended statute.
Daniel v. Amicalola Elec. Membership Corp., 289 Ga. 437 (2011)
This case served three functions. First, it explained the provision’s purpose: ensuring that the State has an opportunity to defend its laws before they are declared invalid. Second, it illustrated the narrower, pre-2022 construction limiting the provision to civil declaratory-judgment actions.
Third, it supported allowing service before a renewed ruling rather than treating the omission as permanently fatal. In that case, the service problem was raised at a summary-judgment hearing, the Attorney General was served the next day, and the court waited five months before ruling. The relevant lesson is that service and an opportunity to participate must precede adjudication; the opinion does not establish a universal five-month waiting period.
Woodes v. Morris, 247 Ga. 771 (1981), and Daniel v. Fed. Nat. Mtg. Assn., 231 Ga. 385 (1973)
These decisions were cited as additional authority for the former rule confining the notice provision to civil declaratory-judgment actions. They explain the legal background against which the legislature amended the statute.
Their importance here is historical rather than controlling as to the amended language. The Court did not reject their interpretation of the earlier enactment; it recognized that the legislature subsequently broadened the governing text.
State of Ga. v. Federal Def. Program, Inc., 315 Ga. 319 (2022)
This precedent established that lack of subject-matter jurisdiction may be raised at any time. It permitted consideration of the Attorney General’s objection even though the issue had not been raised in the trial court.
Neither Trammell’s failure to address the problem nor the District Attorney’s failure to object could confer jurisdiction. The Attorney General’s appellate participation exposed the defect; it did not retroactively authorize the trial court’s earlier ruling.
Huntington v. Attrill, 146 US 657 (1892)
The Court cited this decision’s description of penal laws as laws imposing punishment for offenses against the State. That description helped connect the statutory definition of a “penal action” to an ordinary criminal prosecution.
Its role was therefore interpretive, not related to firearms: it supported the conclusion that a prosecution enforcing criminal law in pursuit of public justice falls within the statutory category of an action.
Landers v. State, 250 Ga. 501 (1983)
The trial court cited this decision for the proposition that OCGA § 16-11-131(b) had been upheld under Georgia’s Constitution. That explains part of the trial court’s reasoning but does not establish the outcome of Trammell’s federal constitutional claim.
The Supreme Court did not rely on this precedent to resolve the Second Amendment issue. Its jurisdictional disposition left unanswered whether the trial court’s reliance on that state constitutional precedent assisted its federal analysis.
New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 US 1 (2022)
This decision supplied the Second Amendment framework discussed by the trial court. As described in the opinion, that inquiry concerns whether the Amendment’s text covers the conduct and, where appropriate, whether the regulation is consistent with the Nation’s historical tradition of firearm regulation.
The trial court reasoned that felons were presumptively excluded from firearm possession, that Trammell had not overcome that presumption, and that historical analysis was consequently unnecessary. The Supreme Court recounted, but did not approve, that reasoning. The decision therefore establishes no rule about how this precedent applies to nonviolent felons.
C. Why “Any Other Action” Includes Criminal Prosecutions
The Court’s textual analysis rested on two complementary grounds.
First, OCGA § 9-2-1 supplies definitions applicable within the same title. It defines an “action” as the judicial means of enforcing a right and expressly recognizes both civil and penal actions. A penal action pursues public justice under particular laws. A criminal prosecution is the paradigm proceeding through which the State enforces penal law.
Second, the phrase “any other action” is expansive. The Court used ordinary dictionary definitions to explain that “other” reaches actions outside the expressly identified category, while “any” further broadens that reach. Together, the words prevent limiting the provision to declaratory-judgment litigation.
The fact that Trammell raised his argument through a demurrer did not alter the result. His constitutional objection was part of the criminal action, which is precisely the sort of embedded challenge the amended wording reaches.