Minimum Compensation; Annual Salary; Increases; Supplements

1. Law
2. Georgia Code
3. Courts
4. Magistrate Courts
5. Magistrates
6. Minimum Compensation; Annual Salary; Increases; Supplements

1. 1. As used in this Code section, the term "full-time capacity" means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek.
   2. Unless otherwise provided by local law, effective January 1, 2006, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

      The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.

   3. All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority.
   4. Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less.
   5. All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $592.58 unless a magistrate waives such minimum monthly salary in writing.
   6. Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds.
2. The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service.
3. Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
4. The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates.
5. The General Assembly may by local law fix the compensation of any or all of a county's magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.
6. This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county.
7. The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates.

Population Minimum Salary ---------- -------------- 0 - 5,999 $ 29,832.20 6,000 - 11,889 40,967.92 11,890 - 19,999 46,408.38 20,000 - 28,999 49,721.70 29,000 - 38,999 53,035.03 39,000 - 49,999 56,352.46 50,000 - 74,999 63,164.60 75,000 - 99,999 67,800.09 100,000 - 149,999 72,434.13 150,000 - 199,999 77,344.56 200,000 - 249,999 84,458.82 250,000 - 299,999 91,682.66 300,000 - 399,999 101,207.60 400,000 - 499,999 105,316.72 500,000 or more 109,425.84

(Code 1981, §15-10-23, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1988, p. 424, § 1; Ga. L. 1989, p. 426, § 1; Ga. L. 1993, p. 910, § 4; Ga. L. 1995, p. 562, § 1; Ga. L. 1998, p. 1159, §§ 11, 12; Ga. L. 2001, p. 902, § 8; Ga. L. 2002, p. 1088, § 1; Ga. L. 2006, p. 568, § 6/SB 450; Ga. L. 2006, p. 875, § 1/HB 1399; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-14/HB 642.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "means, in the case of a chief magistrate, a" was substituted for "means in the case of a chief magistrate means a" in the first sentence of paragraph (a)(1).

Editor's notes.

- Ga. L. 1983, p. 884, § 7-2, not codified by the General Assembly, provides for both the establishment and minimum compensation of officials, including justices of the peace, who become magistrates by operation of law pursuant to other provisions of the Act (see Code Section 15-10-120).

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Law reviews.

- For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005); 58 Mercer L. Rev. 267 (2006).

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

Appointment as assistant magistrate.

- Judge was not entitled to be compensated as a full-time magistrate under O.C.G.A. § 15-10-23 when the written contract pursuant to which the judge was engaged expressly provided that the judge was hired as an assistant magistrate. Brown v. Blackmon, 272 Ga. 435, 530 S.E.2d 712 (2000); DeLoach v. Evans County, 272 Ga. 479, 532 S.E.2d 376 (2000).

Petition for increased compensation denied.

- Chief Magistrate has a statutory duty to certify hours worked by a magistrate. Thus, when the Chief Magistrate attempted to certify hours for the magistrate which the magistrate did not work, the Chief Magistrate was acting outside the sphere of legally delegated authority, and the required certification was not made. Furthermore, there was no obligation to pay the magistrate for hours for which the certification was suspect. Jennings v. McIntosh County Bd. of Comm'rs, 276 Ga. 842, 583 S.E.2d 839 (2003).

Attorney fees.

- When a magistrate sued to require the county to provide compensation in accordance with the statutory guidelines of O.C.G.A. § 15-10-23, and prevailed on the principal claim in the petition for a writ of mandamus, even though the magistrate did not obtain all the relief requested, the magistrate was still entitled to attorney's fees. Jennings v. McIntosh County Bd. of Comm'rs, 276 Ga. 842, 583 S.E.2d 839 (2003).

Appointment to fill unexpired term.

- County board of commissioners violated O.C.G.A. § 15-10-23 and Ga. Const. 1983, Art. VI, Sec. VII, Par. V in reducing the salary of a chief magistrate following the magistrate's appointment to fill the unexpired term of the magistrate's predecessor. Lee v. Peach County Bd. of Comm'rs, 269 Ga. 380, 497 S.E.2d 562 (1998).

Reduction of erroneously calculated salary proper.

- County was not barred from reducing a judge's salary when the salary had been inflated erroneously; the fact that the inflated salary was calculated by the same method as used previously did not estop the county from paying the reduced salary that the judge was actually due. Maddox v. Hayes, 278 Ga. 141, 598 S.E.2d 505 (2004).

Reduction of magistrate's compensation not authorized.

- County commissioners violated the mandates of Ga. Const. 1983, Art. VI, Sec. VII, Par. V and O.C.G.A. § 15-10-23 by reducing a magistrate's compensation during the term for which the magistrate was elected. Dudley v. Rowland, 271 Ga. 176, 517 S.E.2d 326 (1999).

Chief magistrate was entitled to recover salary because the magistrate was an incumbent, having performed the duties of chief magistrate before the salary reduction, and defendants reduced the magistrate's salary in violation of Ga. Const. 1983, Art. VI, Sec. VII, Para. V, and O.C.G.A. § 15-10-23(d). Pike County v. Callaway-Ingram, 292 Ga. 828, 742 S.E.2d 471 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Splitting compensation into salary and expenses of court improper.

- Method of simply "splitting" the compensation of a small claims court judge/magistrate into separate payments for "salary" and "expenses" would not comport with O.C.G.A. §§ 15-10-5 and15-10-23. 1983 Op. Att'y Gen. No. U83-39.

Eligibility for 5 percent longevity increase.

- First-term magistrate, who previously completed a 4-year term as a magistrate after December 31, 1995, was entitled to a 5-percent longevity increase under former subsection (j) of O.C.G.A. § 15-10-23. 1997 Op. Att'y Gen. No. U97-26.

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