Selection of Clerk; Compensation; Eligibility

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Constables, Clerk, and Other Court Personnel
  6. Selection of Clerk; Compensation; Eligibility

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  1. The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section.
  2. With the consent of the clerk of superior court, the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $323.59 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $323.59 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.
  3. If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $323.59 per month.
  4. If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $323.59 per month.
  5. The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.
  6. The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement.
  7. In any case any magistrate may perform any duty to be performed by the clerk.

(Code 1981, §15-10-105, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1986, p. 701, § 6; Ga. L. 1987, p. 364, § 1; Ga. L. 1993, p. 1061, § 1; Ga. L. 1998, p. 1159, § 13; Ga. L. 2001, p. 902, § 10; Ga. L. 2006, p. 568, § 7/SB 450; Ga. L. 2020, p. 493, § 15/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, in subsection (b), in the first sentence, revised punctuation and substituted "his or her service" for "his or her services".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "superior court and clerk" was substituted for "Superior Court and Clerk" near the beginning of the second sentence in subsection (b).

Law reviews.

- For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999).

JUDICIAL DECISIONS

Constitutionality.

- As the constitution permits selection and terms of offices of magistrate judges to be varied by local law, the provisions of O.C.G.A. §§ 15-10-20,15-10-23,15-10-100,15-10-105 and Ga. L. 1983, p. 4027, are not unconstitutional. In re Magistrate Court, 262 Ga. 334, 418 S.E.2d 42 (1992).

Chief magistrate was entitled to the salary provided by law for the chief magistrate position, and not to a higher judicial salary based upon an erroneously computed qualifying fee which the chief magistrate had paid prior to running for office. Rowland v. Tattnall County, 260 Ga. 109, 390 S.E.2d 217 (1990).

Authority to appoint clerk.

- Magistrate was not entitled to mandamus relief requiring the magistrate's restoration to the position of clerk of the magistrate court since the trial court lacked the authority to supercede the lawful acts of the board of county commissioners. Jennings v. McIntosh County Bd. of Comm'rs, 276 Ga. 842, 583 S.E.2d 839 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Supplement to clerks serving as magistrate court clerks.

- Superior court clerks also serving as magistrate court clerks are entitled to a minimum supplement of $200.00 pursuant to subsection (b) of O.C.G.A. § 15-10-105 but are not entitled to an additional supplement under O.C.G.A. § 15-6-89, which grants to superior court clerks a minimum salary supplement for additional service as clerk of one of several enumerated courts including "county" and "civil" courts, but which does not enumerate magistrate courts. 1984 Op. Att'y Gen. No. U84-42.


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