Emergency Service by Probate Court Judge; Appointment of Interim Deputy Clerk

  1. Law
  2. Georgia Code
  3. Courts
  4. Superior Courts
  5. Clerks of Superior Courts
  6. Emergency Service by Probate Court Judge; Appointment of Interim Deputy Clerk

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  1. If as a result of any sudden emergency there is a vacancy in the office of clerk of superior court, and a person who meets the qualifications for a clerk of superior court as set forth in Code Section 15-6-50 cannot immediately fill the vacancy pursuant to Code Section 15-6-53, the judge of the probate court shall act as clerk of superior court for a period not to exceed 120 days. Any act done by the probate judge during such period that the clerk could have done shall be valid.
  2. If there is a temporary absence of the clerk of superior court for any reason not specified in Code Section 15-6-53 or if the clerk of superior court for any reason does not act as clerk at the time provided by law for holding a term of the superior courts and there is no chief deputy clerk to perform such duties, notwithstanding local law, the judges of the superior court of the judicial circuit by a majority vote shall appoint an interim deputy clerk who shall hold the office of clerk during the term of court and for ten days thereafter. If a majority of the judges do not agree to the selection of the interim deputy clerk, the chief judge of the superior court shall select the interim deputy clerk. Any act which the chief deputy clerk or the appointed clerk does during such time which the clerk could have done shall be valid.

(Laws 1826, Cobb's 1851 Digest, p. 213; Code 1863, § 255; Code 1868, p. 249; Code 1873, § 261; Code 1882, § 261; Civil Code 1895, § 4354; Civil Code 1910, § 4885; Code 1933, § 24-2708; Ga. L. 2012, p. 173, § 1-6/HB 665.)

OPINIONS OF THE ATTORNEY GENERAL

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.


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