Qualifications; Restrictions on Practice of Law; Removal, Discipline, and Involuntary Retirement

  1. Law
  2. Georgia Code
  3. Courts
  4. State Courts of Counties
  5. Judges
  6. Qualifications; Restrictions on Practice of Law; Removal, Discipline, and Involuntary Retirement

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    1. Except as provided in paragraph (2) of this subsection, each judge of the state court shall:
      1. Be a resident of the geographic area in which he or she is selected to serve;
      2. Have been a resident of the state for three years next preceding the beginning of his or her term of office;
      3. As of the date on which his or her term of office begins, be at least 25 years of age;
      4. Have been admitted to practice law for seven years; and
      5. Be a member in good standing with the State Bar of Georgia and have been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
    2. If, at the expiration of the qualifying period for the general nonpartisan primary or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of 15 days, and any individual may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in subparagraph (A) of paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge. If such individual is elected to the office of state court judge, he or she may thereafter qualify for reelection to such office as long as he or she continues to reside within the judicial circuit containing the geographic area in which the judge is to serve and otherwise meets the requirements of paragraph (1) of this subsection.
  2. A full-time judge of the state court shall not engage in the private practice of law. A part-time judge of the state court may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction.
  3. Judges of the state courts shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia.
  4. The office of any judge of the state court shall be vacated upon the disbarment or suspension from the practice of law of such judge by the Supreme Court whether voluntary or involuntary and upon order of the Supreme Court providing for such removal from office.

(Code 1981, §15-7-21, enacted by Ga. L. 1983, p. 1419, § 2; Ga. L. 1984, p. 22, § 15; Ga. L. 1990, p. 349, § 1; Ga. L. 1991, p. 94, § 15; Ga. L. 1992, p. 1257, § 1; Ga. L. 2000, p. 836, § 1; Ga. L. 2001, p. 269, § 1; Ga. L. 2002, p. 1234, § 1; Ga. L. 2017, p. 152, § 2/HB 88.)

Cross references.

- Rules of the Judicial Qualifications Commission.

Editor's notes.

- Ga. L. 2000, p. 836, § 2, not codified by the General Assembly, provides in part that: "This Act shall not apply to any judge elected or appointed prior to January 1, 2001."

Law reviews.

- For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 96 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarities of the statutory provisions, decisions under former Code 1933, § 24-2111a are included in the annotations for this Code section.

Constitutionality.

- Former Code 1933, § 24-2111a did not deny equal protection of the law, but simply limits eligibility to hold office to a class of persons with a quantum of experience. Nathan v. Smith, 230 Ga. 612, 198 S.E.2d 509 (1973) (decided under former Code 1933, § 24-2111a).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarities of the statutory provisions, opinions under former Code 1933, § 24-2111a are included in the annotations for this Code section.

Repeal of inconsistent provisions of local acts.

- Former Code 1933, § 24-2111a should be construed to repeal by implication inconsistent provisions of local Acts; it covered the whole subject matter of qualifications for the office of judge of state court. 1972 Op. Att'y Gen. No. 72-57 (decided under former Code 1933, § 24-2111a).

Residency requirement.

- State court judge must continue to maintain residency in the county from which he or she is elected in order to retain his or her office and, if he or she fails to do so, then the office becomes vacant as a matter of law. 1995 Op. Att'y Gen. No. U95-6.

Assistance to state courts by replacement probate judge.

- Replacement probate judge appointed in good faith pursuant to O.C.G.A. § 15-9-13(a) may provide assistance to state courts so long as that individual satisfies the qualifications of judges of the state courts under O.C.G.A. § 15-7-21(a)(1), and the request for assistance complies with the terms specified by O.C.G.A. § 15-9-9.1(f). 1994 Op. Att'y Gen. No. U94-12.

ADVISORY OPINIONS OF THE STATE BAR

Part-time judges may represent defendants in criminal cases. However, regular or exclusive representation of such defendants by a judge whose responsibilities include the issuance of criminal warrants or the trial of criminal cases might destroy the appearance of impartiality and integrity essential to the administration of justice and, therefore, be inappropriate. Adv. Op. No. 86-2 (Aug. 23, 1989).

Part-time judges cannot practice in own court.

- Part-time judges are not allowed to practice before their own court thus creating an analogous situation to that in which a law clerk is also prohibited from representing clients before a present employer-judge. Adv. Op. No. 05-3 (April 26, 2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 5, 6.

Disqualification of Trial Judge for Cause, 50 POF3d 449.

C.J.S.

- 48A C.J.S., Judges, §§ 17, 18 et seq., 46.

ALR.

- Validity and construction of constitutional or statutory provisions making legal knowledge or experience a condition of eligibility for judicial office, 71 A.L.R.3d 498.

Validity and application of state statute prohibiting judge from practicing law, 17 A.L.R.4th 829.


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