Travel Expenses

  1. Law
  2. Georgia Code
  3. Courts
  4. Superior Courts
  5. General Provisions
  6. Travel Expenses

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  1. The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his or her judicial circuit other than the court in the county of the residence of the judge or when the judge is required to be in any county in his or her circuit other than the county of his or her residence in the discharge of any judicial duty or function, required by law, pertaining to the superior court of such county. Judges and senior judges of the superior courts shall also be entitled to receive reimbursement under this Code section of travel expenses incurred when any such judge is designated to preside in the place of an absent Justice of the Supreme Court or attends a meeting of a judicial administrative district, The Council of Superior Court Judges of Georgia, the Judicial Council of Georgia, the Council of Accountability Court Judges of Georgia, the Board of Community Supervision, the Judicial Qualifications Commission, or any committee or subcommittee of any such body, or when any such judge attends a meeting with the personnel of any state department or other state agency when such meeting is held to carry out a public purpose; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reimbursement under Code Section 15-6-32.
  2. A judge of a superior court holding court in a county outside of the judicial circuit in which he was elected or appointed to hold court shall be entitled to receive, in addition to the compensation provided by law, reimbursement for expenses incurred while holding court outside of his judicial circuit in the same amount and in the same manner as a judge of the superior court holding court in a county other than that of his residence.
  3. The expenses provided for in this Code section shall be paid for the following purposes and in the following manner:
    1. For transportation to and from a county outside of the residence of the judge, if the same is by privately owned motor vehicle, the judge shall receive and be paid a travel expense allowance for each mile traveled in the same amount as is paid and received by the officers, officials, and employees of the various departments, institutions, boards, bureaus, and agencies of the state;
    2. Actual cost of transportation shall be allowed to and from a county outside of the residence of the judge, if same is by public conveyance; and
    3. Actual cost of meals and lodging for self shall be allowed if incurred in a county outside of the residence of the judge.
  4. The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23-100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state.

(Ga. L. 1905, p. 87, § 3; Civil Code 1910, § 4844; Code 1933, § 24-2612; Ga. L. 1945, p. 1199, § 1; Ga. L. 1963, p. 415, § 1; Ga. L. 1970, p. 203, § 1; Ga. L. 1972, p. 1015, § 408; Ga. L. 1987, p. 385, §§ 1, 2; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 15; Ga. L. 1998, p. 513, § 5; Ga. L. 2008, p. 577, § 4/SB 396; Ga. L. 2012, p. 775, § 15/HB 942; Ga. L. 2015, p. 422, § 5-7/HB 310; Ga. L. 2015, p. 519, § 8-1/HB 328.)

Cross references.

- Legal mileage allowance, § 50-19-7.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS

Cited in Stokes v. Fortson, 234 F. Supp. 575 (N.D. Ga. 1964); Carter v. Burson, 230 Ga. 511, 198 S.E.2d 151 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Application of word "actual."

- Use of the word "actual" in this section shows that superior court judges may be reimbursed for their travel expenses when traveling within their respective circuits, but are not allowed reimbursement for meals based upon estimated cost as opposed to actual cost; however, current submissions for reimbursement for current expenditures need not reflect the full actual cost paid and such submissions meet the requirements of the statutes as long as the amount for which reimbursement is sought is not in excess of the actual expenditure. 1975 Op. Att'y Gen. No. 75-52.

Increase in salary supplement authorized.

- County commission may increase the annual salary supplement for superior court judges beyond the minimum provided for by local legislation. 1996 Op. Att'y Gen. No. U96-2.

Payment for travel expenses from state agency authorized.

- There is no violation of limitations on judge's salary and allowances by receipt of travel expenses from a state agency otherwise entitled to disburse such moneys. 1963-65 Op. Att'y Gen. p. 320.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 54.

C.J.S.

- 48A C.J.S., Judges, § 89.


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