CopyCited 19 times | Published | Supreme Court of Georgia | Jun 30, 2003 | 276 Ga. 842, 2003 Fulton County D. Rep. 2016
...Prior to 1996, magistrates were paid a flat monthly fee. Effective in January 1996, pursuant to OCGA §
15-10-23, magistrates were to be paid an hourly rate not to exceed 90 percent of the chief magistrate's base pay, but never less than a statutory minimum per month. Under OCGA §
15-10-105(d), magistrates who also performed the duties of clerk of the magistrate court were to receive a stipend in addition to their pay as magistrates....
...e county personnel policy or otherwise providing for procedural due process. What the superior court expressly ruled was that it lacked the authority to supercede the "lawful acts" of the Board and the Clerk of the Superior Court as provided in OCGA §
15-10-105(b), and in the McIntosh County Personnel Policy....
...And there is simply no evidence of record that either the Board's decision to provide that the Clerk of the Superior Court would also serve as Clerk of the Magistrate Court or that the Clerk of the Superior Court's actions in implementing the Board's decision were violative of OCGA §
15-10-105, or were in any other manner unlawful....
CopyCited 6 times | Published | Supreme Court of Georgia | Oct 26, 1998 | 270 Ga. 66, 98 Fulton County D. Rep. 3561
...Linda Bantz is the Chief Magistrate of the Magistrate Court of Randolph County, and also serves as the clerk of that court. She filed a mandamus petition, seeking to compel the Board of Commissioners of Randolph County to pay her additional compensation for her service as the court clerk. The claim was based upon OCGA §
15-10-105(d), which provides that, if the chief or other magistrate performs the duties of clerk, he or she shall receive additional compensation in an amount to "be fixed by the county governing authority at not less than $200.00 per month." Randolph County answered, relying upon subsection (a) of OCGA §
15-10-105, which provides that subsection (d) is applicable only in the absence of a local law providing for the selection and compensation of the clerk of magistrate court. According to Randolph County, Section 6 of Ga. L.1984, pp. 3638, 3640 was such a local law which rendered OCGA §
15-10-105(d) inapplicable. However, the trial court held that Chief Magistrate Bantz was entitled to additional compensation pursuant to subsection (d) of OCGA §
15-10-105, and Randolph County appeals....
...It is this failure of Randolph County to exercise the discretionary authority granted under the local act which compels Chief Magistrate Bantz's performance of the additional duties of clerk of the court. Thus, under Randolph County's interpretation of OCGA §
15-10-105, it is not obligated to pay Chief Magistrate Bantz any additional compensation for her extra service as the clerk of the magistrate court, because of the mere existence of its unexercised discretionary authority under the local act....
...[Cit.]" Ford Motor Co. v. Abercrombie,
207 Ga. 464, 468(1),
62 S.E.2d 209 (1950). Literally, there may be no absence of local legislation providing for *171 the selection and compensation of a clerk for the magistrate court, but the construction of OCGA §
15-10-105 advanced by Randolph County is neither equitable nor just....
...of the magistrate court, but incur no obligation to pay her any additional compensation for the performance of those added duties. In accordance with the applicable rules of statutory construction, we find that the legislative intent underlying OCGA §
15-10-105 is to confer upon every magistrate court in this state the administrative assistance of a clerk and to insure that whoever performs those administrative duties receive compensation therefor....
...ehalf of the magistrate court without being responsible for compensating the individual who performs those duties. Thus, where, as here, a county has the power to select and to set the pay of the clerk of the magistrate court, subsection (a) of OCGA §
15-10-105 predicates the inapplicability of subsection (d) upon the absence of a county's actual exercise of that authority granted by the local legislation....
...The mere existence of local legislation providing for the selection and compensation of the clerk is not such an absence of local legislation as will bar a magistrate, who is required also to serve as clerk, from receiving compensation for the performance of those additional duties. Under the proper construction of OCGA §
15-10-105, Chief Magistrate Bantz was entitled to additional compensation for serving as clerk and the trial court did not err in issuing the writ of mandamus....
CopyCited 2 times | Published | Supreme Court of Georgia | Apr 19, 1990 | 390 S.E.2d 217
...OCGA §
15-10-23 provides a minimum salary for chief magistrates of $10,300 for counties with this population, unless otherwise provided for by local law. The statute provides further that the county may supplement the minimum annual salary “as it may fix from time to time.”
OCGA §
15-10-105 (d) provides:
If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk....
CopyPublished | Supreme Court of Georgia | Jul 9, 1992 | 418 S.E.2d 42, 92 Fulton County D. Rep. 1414
...Manis, Deputy Attorney General, Waddell, Emerson, George & Buice, David W. Waddell, Hulane E. George, Walbert & Hermann, David F. Walbert, for appellee.
2. As the Constitution permits selection and terms of offices of magistrate judges to be varied by local law, the provisions of OCGA §§
15-10-20;
15-10-23;
15-10-100;
15-10-105, and Ga....
