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2018 Georgia Code 15-10-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-22 Case Law from Google Scholar Amendments to OCGA 15-10-22

TITLE 15 COURTS

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

ARTICLE 2 MAGISTRATES

15-10-22. Qualifications; restrictions on practice of law.

  1. Each magistrate shall have been a resident of the county for one year next preceding the beginning of his term of office and shall as of such date be at least 25 years of age and shall possess a high school diploma or its equivalent. However, an officer becoming a magistrate pursuant to Code Section 15-10-120 shall be eligible to the office of magistrate without the necessity of meeting these qualifications. Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law.
  2. A magistrate who is an attorney may practice in other courts but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction.

(Code 1981, §15-10-22, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 3; Ga. L. 1987, p. 430, § 1.)

Cross references.

- Proscription against inappropriate political activity by judges, Georgia Code of Judicial Conduct, Canon 7.

JUDICIAL DECISIONS

Cited in State v. Slaughter, 252 Ga. 435, 315 S.E.2d 865 (1984); Beck v. State, 283 Ga. 352, 658 S.E.2d 577 (2008).

OPINIONS OF THE ATTORNEY GENERAL

There is no requirement that a magistrate be an attorney. 1983 Op. Att'y Gen. No. 83-53.

Eligibility of justice of the peace for appointment.

- 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.

ADVISORY OPINIONS OF THE STATE BAR

Part-time judges may represent defendants in criminal cases; however, regular or exclusive representation of such defendants by a judge whose responsibilities include the issuance of criminal warrants or the trial of criminal cases might destroy the appearance of impartiality and integrity essential to the administration of justice and, therefore, be inappropriate. Adv. Op. No. 86-2 (Aug. 23, 1989).

Cases Citing O.C.G.A. § 15-10-22

Total Results: 6  |  Sort by: Relevance  |  Newest First

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State v. Slaughter, 315 S.E.2d 865 (Ga. 1984).

Cited 61 times | Published | Supreme Court of Georgia | Apr 17, 1984 | 252 Ga. 435

...The issue in this case is whether the magistrate who issued the search warrant was "neutral and detached" or had a "direct, personal, pecuniary interest" in issuing the search warrant. Connally v. Georgia, 429 U. S. 245 (97 SC 546, 50 LE2d 444) (1977). In Georgia, magistrates may, but need not, be attorneys. OCGA § 15-10-22 (a) *440 (Code Ann. § 24-503). "A magistrate who is an attorney may practice in other courts but may not practice in his own court or appear in any matter as to which his court has exercised jurisdiction." OCGA § 15-10-22 (b) (Code Ann....
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Beck v. State, 658 S.E.2d 577 (Ga. 2008).

Cited 24 times | Published | Supreme Court of Georgia | Mar 10, 2008 | 283 Ga. 352, 2008 Fulton County D. Rep. 774

...ourt to rely on the guilty plea for the purpose of sentencing defendant as a recidivist. Nash, supra. Judgment affirmed in part and reversed in part. All the Justices concur. NOTES [1] The minimum age requirement to serve as a magistrate is 25. OCGA § 15-10-22(a)....
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Massey v. State, 458 S.E.2d 818 (Ga. 1995).

Cited 24 times | Published | Supreme Court of Georgia | Jul 10, 1995 | 265 Ga. 632

...200 (1995) (noting the inherent conflict between the role of lawyer and judge). [7] See OCGA §§ 15-6-5; 15-7-21(b). [8] See OCGA § 15-7-21(b) (prohibiting part-time state court judges from practicing in their own court or in any matter where they have exercised jurisdiction); OCGA § 15-10-22(b) (prohibiting magistrates who are attorneys from practicing in their own court or appearing in any matter where they have exercised jurisdiction); see also Georgia Court and Bar Rules Standards 13-17, Code of Judicial Conduct application (describing restrictions on the practice of law by part-time judges)....
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In Re Inquiry Concerning a Judge, JQC NOS. 01-44, 01-73, 01-89, 01-90, 566 S.E.2d 310 (Ga. 2002).

Cited 12 times | Published | Supreme Court of Georgia | Jul 2, 2002 | 275 Ga. 404, 2002 Fulton County D. Rep. 1989

...Based on these facts, the JQC found by clear and convincing evidence that Judge Hammill improperly practiced law after being sworn in as Chief Magistrate. *316 Canon 5(F) of the CJC states that "Judges shall not practice law, unless allowed by law." OCGA § 15-10-22(b), in turn, states that "a magistrate who is an attorney may practice in other courts, but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction." Moreover, JQC Advisory Opinion No. 87 states that the CJC "authorizes magistrates to practice law, subject to the limitations [stated in section 15-10-22]." However, JQC Advisory Opinion 87 also states that a magistrate who has made a full-time commitment to his judicial duties "violates Canon 5(F) by engaging in any effort to practice law which interfere[s] with the proper performanc...
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Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022).

Cited 11 times | Published | Supreme Court of Georgia | Sep 30, 2022

...constitutional and statutory qualifications for holding the office being sought,” which the court took to mean personal characteristics like residence, age, citizenship, voter registration, and education. See OCGA § 21-2-6 (a); see also OCGA § 15-10-22 (identifying the “Qualifications of magistrates”)....
...See Hill v. Owens, 292 Ga. 380, 383 (2) (a) (738 SE2d 56) (2013) (“this Court avoids 10 interpreting statutes in a manner that renders any portion of them surplusage or meaningless”). Take OCGA § 15-10-22: that section defines the “[q]ualifications of magistrates” upon “taking office.” Those are requirements for “hold[ing]” the office....
...See OCGA § 21-2-130 (dealing with the methods of “Qualification of candidates”: “Candidates may qualify for an election” by nomination, a notice of candidacy, special rules for presidential electors, or substitute nomination under OCGA § 21-2-134); OCGA § 15-10-22 (setting the qualifications of magistrates, including residence, age, citizenship, voter registration, high school diploma, and other qualifications imposed by local law); OCGA § 15-7-21 (setting the qualifications of state court jud...
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Porter v. Calhoun Cnty. Bd. of Commissioners, 252 Ga. 446 (Ga. 1984).

Cited 3 times | Published | Supreme Court of Georgia | Apr 17, 1984 | 314 S.E.2d 649

...lark Chief Magistrate of Calhoun County, to serve at a salary of $3950 per annum. OCGA § 15-10-23(a) (Code Ann. § 24-504). Appellant Porter and a third party were each appointed to the office of magistrate, drawing an annual salary of $600. OCGA §§ 15-10-22 and 15-10-23(c) (Code Ann....