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2018 Georgia Code 15-10-1 | Car Wreck Lawyer

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 1 GENERAL PROVISIONS

15-10-1. Creation of magistrate courts.

There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of ____________ County.

(Code 1981, §15-10-1, enacted by Ga. L. 1983, p. 884, § 2-1.)

JUDICIAL DECISIONS

Cited in Montgomery v. Montgomery, 287 Ga. App. 77, 650 S.E.2d 754 (2007).

OPINIONS OF THE ATTORNEY GENERAL

Magistrate could not hold office while seeking election to city council.

- 1983 Op. Att'y Gen. No. U83-55, which stated that there was no statutory, constitutional, nor common-law prohibition against a person simultaneously holding the offices of magistrate and city councilman, was issued prior to the ratification of Ga. Const. 1983, Art. II, Sec. II, Para. V, which provides that the test for simultaneously holding two offices is specific authorization, rather than prohibition; since there is no law specifically authorizing a person to simultaneously hold the offices of magistrate and city councilman, a chief magistrate could not hold office as chief magistrate while seeking election to the city council. 1985 Op. Att'y Gen. No. U85-41.

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