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

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 Georgia Code 15-10-22 From Courtlistener.com

Total Results: 6

SCOTT K. CAMP v. RYAN CHRISTOPHER WILLIAMS

Court: Supreme Court of Georgia | Date Filed: 2022-09-30

Snippet: education. See OCGA § 21-2-6 (a); see also OCGA § 15-10-22 (identifying the “Qualifications of magistrates”)

Beck v. State

Court: Supreme Court of Georgia | Date Filed: 2008-03-10

Citation: 658 S.E.2d 577, 283 Ga. 352, 2008 Fulton County D. Rep. 774, 2008 Ga. LEXIS 247

Snippet: requirement to serve as a magistrate is 25. OCGA § 15-10-22(a). [2] Defendant was represented by counsel

In Re Inquiry Concerning a Judge, JQC NOS. 01-44, 01-73, 01-89, 01-90

Court: Supreme Court of Georgia | Date Filed: 2002-07-02

Citation: 566 S.E.2d 310, 275 Ga. 404, 2002 Fulton County D. Rep. 1989, 2002 Ga. LEXIS 535

Snippet: not practice law, unless allowed by law." OCGA § 15-10-22(b), in turn, states that "a magistrate who is

Massey v. State

Court: Supreme Court of Georgia | Date Filed: 1995-07-10

Citation: 458 S.E.2d 818, 265 Ga. 632

Snippet: where they have exercised jurisdiction); OCGA § 15-10-22 (b) (prohibiting magistrates who are attorneys

Porter v. Calhoun County Board of Commissioners

Court: Supreme Court of Georgia | Date Filed: 1984-04-17

Citation: 252 Ga. 446, 314 S.E.2d 649

Snippet: magistrate, drawing an annual salary of $600. OCGA §§ 15-10-22 and 15-10-23(c) (Code Ann. §§ 24-503 and 24-504)

State v. Slaughter

Court: Supreme Court of Georgia | Date Filed: 1984-04-17

Citation: 315 S.E.2d 865, 252 Ga. 435, 1984 Ga. LEXIS 731

Snippet: magistrates may, but need not, be attorneys. OCGA § 15-10-22 (a) *440 (Code Ann. § 24-503). "A magistrate who