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2018 Georgia Code 15-10-120 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-120 Case Law from Google Scholar Amendments to OCGA 15-10-120

TITLE 15 COURTS

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

ARTICLE 7 TRANSITIONAL PROVISIONS

15-10-120. Certain officials to become magistrates; term of office.

  1. Except as otherwise provided in subsection (b) of this Code section, on July 1, 1983, each of the following officers shall become a magistrate of the county in which he formerly exercised jurisdiction:
    1. Each justice of the peace in office on June 30, 1983;
    2. Each notary public ex officio justice of the peace in office on June 30, 1983;
    3. Each judge of a small claims court in office on June 30, 1983;
    4. Each magistrate or judge of a magistrate court in office on June 30, 1983; and
    5. Each judge of the County Court of Echols County.
  2. Any officer who was required to be certified under former Article 5 of this chapter, "The Georgia Justice Courts Training Council Act," and who was not so certified as of June 30, 1983, or any officer holding over beyond the expiration of the term for which he was selected shall not so become a magistrate on July 1, 1983.
  3. Each magistrate taking office on July 1, 1983, shall continue in office for a term which shall expire on the date of expiration of the term which he was serving in such other capacity. Such magistrates may thereafter be reappointed or reelected as provided in Article 2 of this chapter. However, at the expiration of the term of any magistrate other than the chief magistrate, no magistrate shall be selected to replace him unless the number of magistrates remaining in office is less than the number fixed by local law or by the judges of superior court under Code Section 15-10-20.

(Code 1981, §15-10-120, enacted by Ga. L. 1983, p. 884, § 2-1.)

Cross references.

- Compensation of magistrates, § 15-10-23.

Editor's notes.

- Ga. L. 1983, p. 884, § 7-4, not codified by the General Assembly, provides: "With respect to each officer other than a probate judge who becomes a magistrate on July 1, 1983, pursuant to Ga. Const. 1983, Article VI, Section X, Paragraph II of the Constitution, the position or office in which such officer was formerly serving shall be abolished for all purposes immediately upon the expiration of the term of the incumbent; and no person shall be selected to fill such office thereafter. This section shall not operate to shorten the term which any such officer will serve as magistrate pursuant to said paragraph of the Constitution and shall not operate to prevent any such officer from thereafter being selected as a magistrate."

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarities of the statutory provisions, decisions under former Civil Code 1910, § 4754 and former Code 1933, §§ 24-401, 24-501, and 24-502 are included in the annotations for this Code section.

Justice of peace vacates office when moves.

- Justice of the peace, who moves from district for which justice has been elected and commissioned, vacates the justice's office. Hinton v. Lindsay, 20 Ga. App. 746 (1856) (decided under former law).

Justice of the peace elected by the people is not "county officer" within meaning of former Code 1933, § 91-703 (see now O.C.G.A. § 36-9-6), providing that ordinaries (now probate judges) or other authorities (here the county commissioners) shall designate the rooms in the courthouse to be occupied by each of the county officers, and therefore is not, as a matter of law or right, entitled to have a room in the courthouse for use as an office or place of holding court. McDonald v. Marshall, 185 Ga. 438, 195 S.E. 571 (1938) (decided under former Code 1933, § 24-401).

State court may take notice of identity of notary public.

- Trial court properly refused to suppress depositions of plaintiff's witness on the ground that there was no certificate attached to the depositions or other proof that the named person before whom the depositions were taken was in fact a notary public and ex officio justice of the peace as recited in the witness's signature to the depositions since the state courts may take notice of who are the public officers of the state since the law requires such officers to be commissioned by the governor. Hinesley v. Anderson, 75 Ga. App. 394, 43 S.E.2d 736 (1947) (decided under former Code 1933, § 24-501).

Justice of the peace court and court of notary public ex officio justice of the peace are identical. Western Union Tel. Co. v. Carter, 11 Ga. App. 499, 75 S.E. 842 (1912) (decided under former Civil Code 1910, § 4754); Hagins v. Howell, 219 Ga. 276, 133 S.E.2d 8 (1963);(decided under former Code 1933, §§ 24-501 and 24-502).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-401 and 24-402 are included in the annotations for this Code section.

Certification under former Georgia Justice Courts Training Council Act.

- Justice of the peace who was certified under the former Georgia Justice Courts Training Council Act as of July 1, 1983, became a magistrate on that date. 1983 Op. Att'y Gen. No. 83-53.

Justice of the peace in office on June 30, 1983, who was not certified under the former Georgia Justice Courts Training Council Act as of that date, did not become a magistrate of the successor court on July 1, 1983. 1983 Op. Att'y Gen. No. 83-53.

Term of office.

- Magistrate assuming office on July 1, 1983, by virtue of the magistrate's previous position serves a term as magistrate identical to the original term of the former judicial office. 1983 Op. Att'y Gen. No. 83-59.

Eligibility of justice of the peace for appointment as chief magistrate.

- Certified justice of the peace is eligible to be appointed chief magistrate pursuant to O.C.G.A. § 15-10-120 but a noncertified justice of the peace is eligible for appointment only if the requirements of O.C.G.A. § 15-10-22 have been met. 1983 Op. Att'y Gen. No. 83-59.

Jurisdiction, powers, proceedings, and practice of courts of justice of the peace and notary public ex officio justice of the peace are identical. 1962 Op. Att'y Gen. p. 99 (decided under former Code 1933, § 24-401).

Holding election despite lack of opposition.

- Fact that there is no known opposition to justices of the peace is not legal justification for disregarding provisions of law regarding holding of elections. 1957 Op. Att'y Gen. p. 54 (decided under former Code 1933, § 24-401).

Saving of cost of holding election is not legal justification for disregarding provisions of law requiring election to be held regardless of office involved; if so, an election could be eliminated and the people deprived of the people's right to elect public officers under the guise of saving the cost of the election. 1957 Op. Att'y Gen. p. 54 (decided under former Code 1933, § 24-401).

Commissioned notary public ex officio justice of the peace may only serve in that district in which the notary public resides. 1965-66 Op. Att'y Gen. No. 66-205 (decided under former Code 1933, § 24-402).

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