Qualifications; Restrictions on Practice of Law

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  2. Georgia Code
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  4. Magistrate Courts
  5. Magistrates
  6. Qualifications; Restrictions on Practice of Law

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  1. Each magistrate taking office on or after July 1, 2019, shall:
    1. Have been a resident of the county for two years next preceding the beginning of his or her term of office;
    2. Be at least 25 years of age;
    3. Remain a resident of such county during his or her term of office;
    4. Be a citizen of the United States;
    5. Be a registered voter; and
    6. Have obtained a state accredited high school diploma or general educational development (GED) diploma.
  2. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law.
  3. A magistrate who is an attorney may practice in other courts but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction.

(Code 1981, §15-10-22, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 3; Ga. L. 1987, p. 430, § 1; Ga. L. 2019, p. 658, § 3/HB 257.)

The 2019 amendment, effective July 1, 2019, substituted the present provisions of this Code section for the former provisions, which read: "Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 25 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magistrate pursuant to Code Section 15-10-120 shall be eligible to the office of magistrate without the necessity of meeting these qualifications. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law.

"(b) A magistrate who is an attorney may practice in other courts but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction."

Cross references.

- Proscription against inappropriate political activity by judges, Georgia Code of Judicial Conduct, Canon 7.

JUDICIAL DECISIONS

Cited in State v. Slaughter, 252 Ga. 435, 315 S.E.2d 865 (1984); Beck v. State, 283 Ga. 352, 658 S.E.2d 577 (2008).

OPINIONS OF THE ATTORNEY GENERAL

There is no requirement that a magistrate be an attorney. 1983 Op. Att'y Gen. No. 83-53.

Eligibility of justice of the peace for appointment.

- Certified justice of the peace is eligible to be appointed chief magistrate pursuant to O.C.G.A. § 15-10-120 but a noncertified justice of the peace is eligible for appointment only if the requirements of O.C.G.A. § 15-10-22 have been met. 1983 Op. Att'y Gen. No. 83-59.

ADVISORY OPINIONS OF THE STATE BAR

Part-time judges may represent defendants in criminal cases; however, regular or exclusive representation of such defendants by a judge whose responsibilities include the issuance of criminal warrants or the trial of criminal cases might destroy the appearance of impartiality and integrity essential to the administration of justice and, therefore, be inappropriate. Adv. Op. No. 86-2 (Aug. 23, 1989).


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