Oath of Office

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Before entering on the duties of their offices, the judges of the probate courts must take and file the oaths required of all civil officers and, in addition, the following oath:

"I do swear that I will well and faithfully discharge the duties of judge of the probate court for the County of ______________, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any party, and that I will only receive my legal fees. So help me God."

(Ga. L. 1851-52, p. 91, § 15; Code 1863, § 296; Code 1868, § 356; Code 1873, § 320; Code 1882, § 320; Civil Code 1895, § 4221; Code 1910, § 4779; Code 1933, § 24-1703.)

Law reviews.

- For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Probate judge to marry parties although not of the same race.

- Probate judge may not decline to perform a marriage ceremony because the parties are not of the same race. 1983 Op. Att'y Gen. No. U83-31.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 10.

C.J.S.

- 48A C.J.S., Judges, § 23.

ALR.

- Civil liability of judicial officer for malicious prosecution or abuse of process, 64 A.L.R.3d 1251.


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