Expenses for Attendance at Educational Programs

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Any other law to the contrary notwithstanding, the judges and senior judges of the superior courts of this state are authorized to accept and receive from funds appropriated for the operation of the superior courts to the extent not eligible for reimbursement from funds appropriated for the operation of the Institute of Continuing Judicial Education or from funds appropriated for the operation of the Institute of Continuing Judicial Education reimbursement for the actual expenses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reimbursement, whether for education within or outside the state, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior approval.

(Code 1933, § 24-2606.3, enacted by Ga. L. 1978, p. 1370, § 1; Ga. L. 1980, p. 596, § 1; Ga. L. 1986, p. 794, § 2; Ga. L. 1987, p. 385, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered prior to Ga. L. 1980, p. 596 are included in the annotations for this Code section. Current law makes no mention of any limitation on reimbursement to five days of judicial education per year.

Cumulative grant of authority.

- This provision authorizes superior court judges to accept state funds for up to five days' continuing education and cannot be construed to prohibit superior court judges from accepting reimbursement, from all sources combined, for more than five days of continuing education per year. 1978 Op. Att'y Gen. No. 78-28 (decided prior to passage of Ga. L. 1980, p. 596).

Meaning of term "five days annually."

- Expression "five days annually" should be construed to mean "five days in any one fiscal year," and the five-day limitation applies to any reimbursement attributable in whole or in part to state funds. In the case of reimbursements made from matched funds, the limitation would remain five days, and would not be extended to ten days; the remaining language of this section expands the authorization to cover nonstate governmental sources, and confirms the existing authorization as set forth in the Georgia Code of Judicial Conduct. 1978 Op. Att'y Gen. No. 78-28 (decided prior to passage of Ga. L. 1980, p. 596).

General Assembly intended that the reimbursement ceiling operate according to fixed periods. 1980 Op. Att'y Gen. No. 80-87 (decided prior to passage of Ga. L. 1980, p. 596).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 54.

C.J.S.

- 48A C.J.S., Judges, § 89.


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