O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-1-9.1 (2019)

Requesting judicial assistance from other courts

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term:

(1) ‘‘Administrative judge’’ means a superior court judge or senior judge of the superior court elected within an administrative district as provided by Code Section 15-5-4.

(2) ‘‘Chief judge’’ means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned.

(3) ‘‘Judge’’ includes Justices, judges, senior judges, magistrates, and every other such judicial officer of whatever name existing or created.

(4) ‘‘Part-time judge’’ means a judge who serves on a continuing or periodic basis but who is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge.

(b)(1) If assistance is needed from a judge outside of the county, a superior court judge of this state or the chief judge of a class of courts other than an appellate court may make a request for judicial assistance in the court served by said requesting judge to the administrative judge of the judicial administrative district in which said requesting judge’s court is located, if any of the following circumstances arises:

(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;

(B) A judge of the requesting court is unable to preside because of disability, illness, or absence;

(C) A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279; or

(D) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges.

(2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if any of the following circumstances arises:

(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;

(B) A judge of the requesting court is unable to preside because of disability, illness, or absence;

(C) A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279;

(D) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or

(E) A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.

(3) When a petition for habeas corpus is filed challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.

(4) In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.

(c) A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section.

(d)(1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall request the administrative judge of the judicial administrative district within which district the court in need of assistance lies to assign another judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court.

(2) If a vacancy shall occur in the judicial office for which the Governor has had to request assistance from the administrative judge of the judicial administrative district in a situation wherein the conditions exist as provided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided by law.

(e) The administrative judge of the district receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geographic subdivision of the state shall not apply to a designated judge. The designation shall be made in writing and delivered to the judge requesting assistance.

(f ) The written designation shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought if applicable, and the reason that assistance is needed. The written designation shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the designation shall be written, filed, and recorded as is the original designation.

(g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding.

(h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts.

(i) Senior judges of the superior courts, senior judges appointed pursuant to Code Section 15-1-9.3, part-time judges, and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by Code Section

Notes of Decisions
Cited in 58 cases (3 in the last 5 years), 1985–2026 · leading case: Massey v. State, 458 S.E.2d 818 (Ga. 1995).
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Massey v. State, 458 S.E.2d 818 (Ga. 1995). · cites it 54× “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
Pitts v. State, 612 S.E.2d 1 (Ga. Ct. App. 2005). · cites it 14× “The order provided that, pursuant to OCGA § 15-1-9.1 (b) (2) (D), the judges of Cherokee County’s superior, state and juvenile courts have determined that, in order to promote efficiency, minimize duplication of effort, and reduce trauma to victims, they would create a “family…”
Bennett v. Jones, 463 S.E.2d 158 (Ga. Ct. App. 1995). · cites it 28× “Although the case was assigned to Fulton Superior Court Judge Elizabeth Long, a Fulton County magistrate sitting as a superior court judge pursuant to OCGA § 15-1-9.1 presided over the trial. The jury awarded Bennett $40,000 and her husband $1,400.”
Hicks v. State, 499 S.E.2d 341 (Ga. Ct. App. 1998). · cites it 26× “Also in the record is a request for judicial assistance pursuant to OCGA § 15-1-9.1, dated October 16, 1996, stating that the judges of this court are in need of assistance in handling the business of this court and requesting the Chief Magistrate for the period stated in the…”
State v. Evans, 371 S.E.2d 432 (Ga. Ct. App. 1988). · cites it 16× “Since the recusing judge was the sole judge of the Coffee County State Court, said request was proper pursuant to OCGA § 15-1-9.1 and Rule 25.3 of the Uniform State Court Rules.”
Earl v. Mills, 570 S.E.2d 282 (Ga. 2002). · cites it 11× “Earl is a resident of Cherokee County who filed a complaint seeking a declaratory judgment that the “Family Court” established by a standing order issued pursuant to OCGA § 15-1-9.1 (b) (2) (D) by appellee Frank C.”
Cramer v. Cnty. of Spalding, 409 S.E.2d 30 (Ga. 1991). · cites it 12× “OCGA § 15-1-9.1 (b) (1) (1989 Supp.). 2 When Judge Cramer sought assistance in 1989, the statute required him to identify the time period for which assistance was sought and, if applicable, the specific cases.”
Dominguez v. Enter. Leasing Co., 399 S.E.2d 269 (Ga. Ct. App. 1990). · cites it 17× “Dominguez also contends the judgment below is void because the judge was appointed by the chief county magistrate judge upon a request for “assistance” made by the superior court chief judge pursuant to OCGA § 15-1-9.1; appellant contends the appointee was in fact filling a…”
Lewis v. McDougal, 583 S.E.2d 859 (Ga. 2003). · cites it 8× “In that case, which involved a request for judicial assistance from a court in the same county, as does the present case, the Court of Appeals relied upon the provisions of OCGA § 15-1-9.1 (f), setting out what a designation of a judge to sit in another court must include.”
Earl v. Mills, 598 S.E.2d 480 (Ga. 2004). · cites it 28× “1 The second standing order is the focus of this appeal and was entered pursuant toOCGA§ 15-1-9.1 (b) (2), which governs the means by which a court *129 seeks judicial assistance from another court in the county of the requesting court.”
Salgado v. State, 601 S.E.2d 417 (Ga. Ct. App. 2004). · cites it 8× “He contends that the magistrate had been designated to assist the *21 superior court for a term of a year, in violation of the Georgia Constitution and OCGA § 15-1-9.1 (b) (2) and (f). We disagree.”
Oliver v. State, 615 S.E.2d 846 (Ga. Ct. App. 2005). · cites it 8× “” Oliver argues that the order did not comply with the requirements of OCGA § 15-1-9.1, and that it gave too much authority to Judge Miller because it allowed him to handle cases long after February 15.”
Show all 58 citing cases →
— 15-1-9.1(b) — 1 case
Massey v. State, 458 S.E.2d 818 (Ga. 1995). “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
— 15-1-9.1(b)(2) — 1 case
Massey v. State, 458 S.E.2d 818 (Ga. 1995). “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
— 15-1-9.1(b)(2)(C) — 1 case
Massey v. State, 458 S.E.2d 818 (Ga. 1995). “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
— 15-1-9.1(b)(2)(D) — 1 case
Lucas v. Lucas, 539 S.E.2d 807 (Ga. 2000).
— 15-1-9.1(f) — 1 case
Massey v. State, 458 S.E.2d 818 (Ga. 1995). “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
— 15-1-9.1(g) — 1 case
Massey v. State, 458 S.E.2d 818 (Ga. 1995). “The judge who presided over appellant's trial and who sentenced appellant after the jury returned guilty verdicts was a pro hac vice magistrate designated by the Chief Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.