Assignment by Governor of Alternate for Disabled Judge; Duty of Judge Assigned

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  6. Assignment by Governor of Alternate for Disabled Judge; Duty of Judge Assigned

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  1. Whenever it is satisfactorily made to appear to the Governor that any regular term of the superior court, as fixed by law, in any county, will not be held or continued in session because of the bodily or mental sickness or other disability of the judge of the superior court of the circuit in which such county is located and when it is likewise made to appear that any special term of the superior court, in any county, for like causes, will not be held or continued in session, it shall be the duty of the Governor to name and assign another superior court judge to proceed to the county and to hold the regular or special term of the court. However, no judge shall be named or assigned to hold such court when the time fixed for holding the same conflicts with the time fixed by law for the holding of any regular or special term already called by him in his circuit.
  2. It shall be the duty of any judge of the superior courts, when named and assigned by the Governor as provided in subsection (a) of this Code section, to proceed to the county where the court in question is to be held and to open and hold the same in the manner prescribed by law or by the order of the presiding judge of that circuit in the calling of a special term.

(Ga. L. 1905, p. 87, §§ 1, 2; Civil Code 1910, §§ 4842, 4843; Code 1933, §§ 24-2610, 24-2611; Ga. L. 1990, p. 8, § 15.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 206, 226 et seq.

C.J.S.

- 48A C.J.S., Judges, §§ 37, 40, 41.

ALR.

- Powers of judge who has attained constitutional age limit, 25 A.L.R. 27.

Authority of judge in respect of unfinished business of another judge, 54 A.L.R. 952; 58 A.L.R. 848.

Illness or incapacity of judge, prosecuting officer, or prosecution witness as justifying delay in bringing accused speedily to trial - state cases, 78 A.L.R.3d 297.

Substitution of judge in state criminal trial, 45 A.L.R.5th 591.

Power of successor or substituted judge, in civil case, to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399.


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