Appointment of Clerk; Actions by Interim Clerk; Special Elections

  1. Law
  2. Georgia Code
  3. Courts
  4. Superior Courts
  5. Clerks of Superior Courts
  6. Appointment of Clerk; Actions by Interim Clerk; Special Elections

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  1. In any county in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall become the clerk of superior court if the clerk of superior court dies, resigns, is removed from office pursuant to the provisions of Code Section 45-2-1, or otherwise vacates office. The chief deputy clerk shall hold office for the unexpired term of his or her predecessor, provided that more than two years of the clerk's term of office have expired at the time the clerk vacates office. If more than two years of the clerk's term of office have not expired at the time the clerk vacates office, a special election shall be held, as provided in subsection (c) of Code Section 21-2-540, at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk.
    1. In any county in which a chief deputy clerk has not been appointed pursuant to Code Section 15-6-59, the probate judge shall immediately appoint a qualified person to serve as the interim clerk of superior court when the clerk vacates office for any reason. Such interim clerk shall serve in such capacity until the vacancy is filled pursuant to the provisions of this subsection; provided, however, that the interim clerk shall not serve more than one year. Any act done by the interim clerk during such period that the clerk could have done shall be valid.
    2. When a vacancy is filled pursuant to paragraph (1) of this Code section and it is more than six months from the date when the clerk vacated office until the next general election is held, the election superintendent for the county shall call a special election to fill the vacancy, as provided in subsection (c) of Code Section 21-2-540, and such official shall give notice in one or more of the public newspapers of the county, if any, at the courthouse, and at three or more of the most public places of the county at least 30 days prior to the date of election. Such special election shall be held at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk.

(Laws 1842, Cobb's 1851 Digest, p. 216; Ga. L. 1853-54, p. 28, § 1; Code 1863, §§ 257, 258; Code 1868, §§ 251, 252; Code 1873, §§ 263, 264; Code 1882, §§ 263, 264; Civil Code 1895, §§ 4356, 4357; Civil Code 1910, §§ 4887, 4888; Code 1933, §§ 24-2710, 24-2711; Ga. L. 1982, p. 3, § 15; Ga. L. 2012, p. 173, § 1-4/HB 665.)

Cross references.

- Vacancies in public office generally, § 45-5-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. §§ 15-6-54 and15-6-56, as amended, which were subsequently repealed but were succeeded by provisions of this Code section, are included in the annotations for this Code section.

Commencement and termination of six months period.

- Six months provision refers to period of time starting from when election can be held and ending with date existing term expires; when the election could be held would be determined by the provisions of the election laws (Title 21); if there is not more than six months time between the date when the election can be held and when the present time expires, then there is no need for a special election. 1970 Op. Att'y Gen. No. 70-71 (decided under former O.C.G.A. § 15-6-54).

When probate judge may act as clerk.

- Judge of the probate court cannot legally hold the office of superior court clerk; however, if a vacancy occurs at a time other than during the term of the superior court and the vacancy results from an emergency and the probate judge cannot otherwise fill the vacancy in the manner allowed by statute, the judge may act as clerk. 1974 Op. Att'y Gen. No. 74-42 (decided under former O.C.G.A. § 15-6-54).

Special election and special primary.

- If vacancy occurs after qualification deadline but before 30 days (now 60 days) prior to general election, then a special election and, time permitting, a special primary must be held. 1982 Op. Att'y Gen. 82-59 (decided under former O.C.G.A. § 15-6-56).

Reasonable time to hold election.

- Election to fill vacancy must be called within reasonable period of time after vacancy occurs. 1960-61 Op. Att'y Gen. p. 75 (decided under former O.C.G.A. § 15-6-56).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, § 7.

C.J.S.

- 21 C.J.S., Courts, § 328 et seq.


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