Continuation of Certain County Civil Court Officials as Magistrate Court Officials

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  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Magistrates
  6. Continuation of Certain County Civil Court Officials as Magistrate Court Officials

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  1. With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursuant to Code Section 15-10-120, the provisions of this Code section shall control over any other conflicting provisions of this chapter.
  2. In any county subject to this Code section the judge of such civil court shall serve as chief magistrate for a term of office concurrent with his term as judge of civil court. The chief judge of superior court of any such county shall fix the compensation to be received by the chief magistrate for his services as chief magistrate, and such compensation may be less than the minimum salary otherwise specified by this chapter.
  3. In any county subject to this Code section the clerk of civil court shall serve as clerk of magistrate court and the sheriff and deputies of civil court shall serve as constables of magistrate court.
  4. A civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.

(Code 1981, §15-10-27, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 484, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Civil court independent from sheriff.

- If the sheriff of a civil court is a constable of the magistrate court and functions independently of the sheriff of the superior court under O.C.G.A. § 15-10-27, the civil court is exempt from collecting and remitting fees to the Sheriff's Retirement Fund under subsection (b) of O.C.G.A. § 47-16-61. 1992 Op. Att'y Gen. No. U92-15.

ARTICLE 3 CIVIL PROCEEDINGS

Law reviews.

- For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).


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