Appointment of Judges

1. Law
2. Georgia Code
3. Local Government
4. Municipal Courts
5. General Provisions
6. Appointment of Judges

1. Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation. Any individual appointed as a judge under this Code section shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. With respect to an individual serving as a municipal court judge in a consolidated government, the local Act shall determine the term of such judge.
2. This Code section shall not be construed to require the governing authority of any municipal corporation to appoint a judge; but such governing authority may appoint a judge if, acting in its sole discretion, the governing authority determines that such appointment would be in the best interest of the municipal corporation.

(Code 1933, § 69-704.1, enacted by Ga. L. 1973, p. 489, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1995, p. 712, § 1; Ga. L. 2016, p. 367, § 1/HB 691.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, "Code Section 36-32-2.1" was substituted for "Code Section 36-32-2.2" in subsection (a).

JUDICIAL DECISIONS

Separation of powers.

- Because a municipal court is a municipal office discharging strictly municipal functions, O.C.G.A. § 36-32-2(a) does not violate the separation of powers doctrine of Ga. Const. 1983, Art. I, Sec. II, Para. III and the city was authorized to require the judge to reinstate the contract between the county and the private probation services company. Ward v. City of Cairo, 276 Ga. 391, 583 S.E.2d 821 (2003).

Judge was qualified to preside over case.

- Municipal court judge was qualified to preside over the case although the judge was not a resident of the judicial circuit in which the court was located, when neither the mayor nor another member of the governing authority of the city served as a judge of the municipal court. Giles v. City of Locust Grove, 203 Ga. App. 164, 416 S.E.2d 758, cert. denied, 203 Ga. App. 906, 416 S.E.2d 758 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Clerk of Superior Court may not serve as Judge of Mayor's Court.

- Clerk of the Superior Court is prohibited by a common-law conflict of interest from simultaneously serving as the Judge of the Mayor's Court. 1984 Op. Att'y Gen. No. U84-22.

Member of General Assembly may not serve as municipal court judge.

- While the separation of powers doctrine does not apply where the issues relate solely to municipal officials utilizing municipal powers, it does apply where it concerns a municipal court judge exercising state judicial powers. Because of that, the exercise of those state judicial powers by a legislator would be a violation of the constitutional prohibition against a member of one branch exercising the powers of another branch of government. Therefore, a member of the Georgia General Assembly may not serve as a municipal court judge. 2014 Op. Att'y Gen. No. U2014-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 5, 7. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 205, 209.

C.J.S.

- 16 C.J.S., Constitutional Law, § 366 et seq. 48A C.J.S., Judges, § 23 et seq. 62 C.J.S., Municipal Corporations, §§ 407, 418 et seq., 447, 448, 455.

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