Compensation of Probate Court Judges and Superior Court Clerks for Certain Services

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  5. Compensation of Probate Court Judges and Superior Court Clerks for Certain Services

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  1. The judges of the probate court who by law are vested with the management of the county business and for whom no compensation is provided and the clerks of the superior courts, for public services in relation to which no compensation is provided by law, shall be compensated in accordance with this Code section.
  2. Such officers shall state their respective claims in writing and make an affidavit to the correctness and justice thereof. After the services are rendered, the claims so made out and verified shall be submitted to the grand juries of their respective counties at any regular term at which a grand jury is impaneled, provided that, if the statement is not submitted at that term or at the next succeeding term at which a grand jury is impaneled, such claim for services shall be barred. The grand juries may in their discretion require other proof of the justness and correctness of such claims and, when satisfied that the claims are just and correct, may allow the sum claimed or so much thereof as they may deem right and proper. When allowed, the judge of the probate court of the county or other authority levying county taxes shall assess so much with the other county taxes as will pay the same, which, when collected and paid over to the county treasurer of such county, shall be paid to the parties without further order, he taking a proper receipt therefor.
  3. The compensation provided for in this Code section shall be in full compensation of such officers for such services.

(Ga. L. 1871-72, p. 51, §§ 1, 2; Code 1873, § 3697; Ga. L. 1880-81, p. 92, §§ 1, 2; Code 1882, § 3697; Civil Code 1895, § 5402; Civil Code 1910, § 6001; Ga. L. 1929, p. 169, § 1; Code 1933, § 24-110; Ga. L. 1999, p. 81, § 15.)

Cross references.

- Minimum annual salary for clerks of superior court, § 15-6-88.

Minimum salaries for judges of probate court, § 15-9-63.

JUDICIAL DECISIONS

Compensation not charge on county funds.

- This section requires the imposition of a tax to pay claims for extra compensation and does not render them a charge upon the general funds of the county. Lumpkin County v. Williams, 94 Ga. 657, 21 S.E. 849 (1894).

Local law not in conflict.

- Local Act of February 21, 1873, imposing upon the Board of County Commissioners of Franklin County the duty "to audit and allow all claims against the county for extra service rendered by any county officer," was not repealed by the general Act of 1881 contained in this section. Franklin County v. Crow, 128 Ga. 458, 57 S.E. 784 (1907).

Claim must be for public services.

- If it does not appear that claims are for public services, the claims will not be allowed. Greer v. Turner County, 138 Ga. 558, 75 S.E. 578 (1912).

Cited in White County v. Bell, 98 Ga. 400, 25 S.E. 558 (1896).

OPINIONS OF THE ATTORNEY GENERAL

Compensation of probate judge if no appropriation made.

- Ordinary (now probate judge) was not authorized to assess the costs incurred in examining the nomination petition against the candidate submitting the petition; if no appropriations are made to cover such expenses, the ordinary (now probate judge) may be compensated for the ordinary's (now probate judge) services pursuant to the method prescribed in this section. 1968 Op. Att'y Gen. No. 68-233.

Payment of sheriff for attending and assisting with inquest.

- If there was no law which authorizes the payment or fixed the fee for a sheriff attending and assisting in the holding of an inquest, the sheriff could be paid under this section. 1960-61 Op. Att'y Gen. p. 99.

Sheriff and justice of peace (now magistrate) are entitled to certain fees in criminal cases whether or not cases are nolle prossed. 1962 Op. Att'y Gen. p. 126.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 50 et seq.

C.J.S.

- 21 C.J.S., Courts, § 121 et seq. 48A C.J.S., Judges, § 84.


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