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2018 Georgia Code 15-10-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-23 Case Law from Google Scholar Amendments to OCGA 15-10-23

TITLE 15 COURTS

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

ARTICLE 2 MAGISTRATES

15-10-23. Minimum compensation; annual salary; increases; supplements.

    1. As used in this Code section, the term "full-time capacity" means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek.
    2. Unless otherwise provided by local law, effective January 1, 2006, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

      The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government.

    3. All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority.
    4. Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less.
    5. All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $592.58 unless a magistrate waives such minimum monthly salary in writing.
    6. Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds.
  2. The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service.
  3. Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
  4. The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates.
  5. The General Assembly may by local law fix the compensation of any or all of a county's magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.
  6. This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county.
  7. The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates.

Population Minimum Salary ---------- -------------- 0 - 5,999 $ 29,832.20 6,000 - 11,889 40,967.92 11,890 - 19,999 46,408.38 20,000 - 28,999 49,721.70 29,000 - 38,999 53,035.03 39,000 - 49,999 56,352.46 50,000 - 74,999 63,164.60 75,000 - 99,999 67,800.09 100,000 - 149,999 72,434.13 150,000 - 199,999 77,344.56 200,000 - 249,999 84,458.82 250,000 - 299,999 91,682.66 300,000 - 399,999 101,207.60 400,000 - 499,999 105,316.72 500,000 or more 109,425.84

(Code 1981, §15-10-23, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1988, p. 424, § 1; Ga. L. 1989, p. 426, § 1; Ga. L. 1993, p. 910, § 4; Ga. L. 1995, p. 562, § 1; Ga. L. 1998, p. 1159, §§ 11, 12; Ga. L. 2001, p. 902, § 8; Ga. L. 2002, p. 1088, § 1; Ga. L. 2006, p. 568, § 6/SB 450; Ga. L. 2006, p. 875, § 1/HB 1399; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-14/HB 642.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, "means, in the case of a chief magistrate, a" was substituted for "means in the case of a chief magistrate means a" in the first sentence of paragraph (a)(1).

Editor's notes.

- Ga. L. 1983, p. 884, § 7-2, not codified by the General Assembly, provides for both the establishment and minimum compensation of officials, including justices of the peace, who become magistrates by operation of law pursuant to other provisions of the Act (see Code Section 15-10-120).

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Law reviews.

- For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005); 58 Mercer L. Rev. 267 (2006).

JUDICIAL DECISIONS

Constitutionality.

- As the constitution permits selection and terms of offices of magistrate judges to be varied by local law, the provisions of O.C.G.A. §§ 15-10-20,15-10-23,15-10-100,15-10-105 and Ga. L. 1983, p. 4027, are not unconstitutional. In re Magistrate Court, 262 Ga. 334, 418 S.E.2d 42 (1992).

Chief magistrate was entitled to the salary provided by law for the chief magistrate's position, and not to a higher judicial salary based upon an erroneously computed qualifying fee which the chief magistrate paid prior to running for office. Rowland v. Tattnall County, 260 Ga. 109, 390 S.E.2d 217 (1990).

Appointment as assistant magistrate.

- Judge was not entitled to be compensated as a full-time magistrate under O.C.G.A. § 15-10-23 when the written contract pursuant to which the judge was engaged expressly provided that the judge was hired as an assistant magistrate. Brown v. Blackmon, 272 Ga. 435, 530 S.E.2d 712 (2000); DeLoach v. Evans County, 272 Ga. 479, 532 S.E.2d 376 (2000).

Petition for increased compensation denied.

- Chief Magistrate has a statutory duty to certify hours worked by a magistrate. Thus, when the Chief Magistrate attempted to certify hours for the magistrate which the magistrate did not work, the Chief Magistrate was acting outside the sphere of legally delegated authority, and the required certification was not made. Furthermore, there was no obligation to pay the magistrate for hours for which the certification was suspect. Jennings v. McIntosh County Bd. of Comm'rs, 276 Ga. 842, 583 S.E.2d 839 (2003).

Attorney fees.

- When a magistrate sued to require the county to provide compensation in accordance with the statutory guidelines of O.C.G.A. § 15-10-23, and prevailed on the principal claim in the petition for a writ of mandamus, even though the magistrate did not obtain all the relief requested, the magistrate was still entitled to attorney's fees. Jennings v. McIntosh County Bd. of Comm'rs, 276 Ga. 842, 583 S.E.2d 839 (2003).

Appointment to fill unexpired term.

- County board of commissioners violated O.C.G.A. § 15-10-23 and Ga. Const. 1983, Art. VI, Sec. VII, Par. V in reducing the salary of a chief magistrate following the magistrate's appointment to fill the unexpired term of the magistrate's predecessor. Lee v. Peach County Bd. of Comm'rs, 269 Ga. 380, 497 S.E.2d 562 (1998).

Reduction of erroneously calculated salary proper.

- County was not barred from reducing a judge's salary when the salary had been inflated erroneously; the fact that the inflated salary was calculated by the same method as used previously did not estop the county from paying the reduced salary that the judge was actually due. Maddox v. Hayes, 278 Ga. 141, 598 S.E.2d 505 (2004).

Reduction of magistrate's compensation not authorized.

- County commissioners violated the mandates of Ga. Const. 1983, Art. VI, Sec. VII, Par. V and O.C.G.A. § 15-10-23 by reducing a magistrate's compensation during the term for which the magistrate was elected. Dudley v. Rowland, 271 Ga. 176, 517 S.E.2d 326 (1999).

Chief magistrate was entitled to recover salary because the magistrate was an incumbent, having performed the duties of chief magistrate before the salary reduction, and defendants reduced the magistrate's salary in violation of Ga. Const. 1983, Art. VI, Sec. VII, Para. V, and O.C.G.A. § 15-10-23(d). Pike County v. Callaway-Ingram, 292 Ga. 828, 742 S.E.2d 471 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Splitting compensation into salary and expenses of court improper.

- Method of simply "splitting" the compensation of a small claims court judge/magistrate into separate payments for "salary" and "expenses" would not comport with O.C.G.A. §§ 15-10-5 and15-10-23. 1983 Op. Att'y Gen. No. U83-39.

Eligibility for 5 percent longevity increase.

- First-term magistrate, who previously completed a 4-year term as a magistrate after December 31, 1995, was entitled to a 5-percent longevity increase under former subsection (j) of O.C.G.A. § 15-10-23. 1997 Op. Att'y Gen. No. U97-26.

Cases Citing O.C.G.A. § 15-10-23

Total Results: 12  |  Sort by: Relevance  |  Newest First

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Jennings v. McIntosh Cnty. Bd. of Commissioners, 583 S.E.2d 839 (Ga. 2003).

Cited 19 times | Published | Supreme Court of Georgia | Jun 30, 2003 | 276 Ga. 842, 2003 Fulton County D. Rep. 2016

...Poppell III, Darien, James R. Coppage, Brunswick, for appellees. HINES, Justice. Teresa Jennings filed a petition for writ of mandamus against McIntosh County and its Board of Commissioners ("Board"), seeking, inter alia, the payment of compensation pursuant to OCGA § 15-10-23(a)(5) for her position as a magistrate, a return to her duties as Clerk of the Magistrate Court of McIntosh County, and reimbursement for attorney fees and other costs incurred in bringing the petition....
...Simultaneously with her appointment as a magistrate, Jennings was also appointed by the Chief Magistrate to serve as Clerk of the Magistrate Court of McIntosh County. 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....
...414, 415, 314 S.E.2d 103 (1984). "The law must not only authorize the act be done, but must require its performance." Id.' Cleveland v. Skandalakis, 268 Ga. 133, 134, 485 S.E.2d 777 (1997)." Gwinnett County v. Blaney, 275 Ga. 696, 705(3), 572 S.E.2d 553 (2002). OCGA § 15-10-23(c), as it existed in 2001, required that magistrates, other than the chief magistrate, if serving in a full-time capacity, receive the lesser of a minimum monthly salary of $2,812 per month or 90 percent of the monthly salary of the chief magistrate....
...that by so ruling, the superior court allowed the Board "to abrogate and usurp the authority of a duly elected judge," i.e., the Chief Magistrate. But under the circumstances of this case the complaint is unavailing. Effective January 1, 2002, OCGA § 15-10-23(a)(5) was amended to provide: All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $17.84 per hour for each hour worked as certified by...
...ate, thereby allowing the Board to abrogate and usurp the authority of a duly-elected judge. Jennings argues that it was error for the superior court to rule that the Chief Magistrate may not include "on-call" hours in his certification because OCGA § 15-10-23 does not explicitly nor implicitly prohibit the certification of "on-call" hours. However, when the language of a statute is plain and unambiguous, judicial construction is forbidden. Six Flags Over Georgia v. Kull, 276 Ga. 210, 211, 576 S.E.2d 880 (2003). OCGA § 15-10-23(a)(5) provides that the Chief Magistrate is to certify "each hour *843 worked" as a magistrate; it does not provide for certification of hours that the individual is merely available for work....
...avel time from the magistrate court, and restricted certain of her personal activities such as attendance at movies. [2] It appears that in McIntosh County, the Clerk of the Superior Court is also the Clerk of the State and Juvenile Courts. [3] OCGA § 15-10-23(c), as it existed in 2001, did not provide for any "on call" status....
...[4] Jennings also suggests that her entitlement to more compensation for 2001 is demonstrated by the county's implicit acceptance of her hours as reported, because it paid her for those hours, albeit at the wrong rate. However, this does not cure the lack of clarity of the submitted time records in regard to then-OCGA § 15-10-23(c)....
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In Re Inquiry Concerning a Judge No. 94-70, 265 Ga. 326 (Ga. 1995).

Cited 15 times | Published | Supreme Court of Georgia | Mar 17, 1995 | 454 S.E.2d 780, 95 Fulton County D. Rep. 1100

...ntimidate and coerce other elected officials violates Canons 2A, 2B, and 3E (1) and demonstrates wilful misconduct in office. 3. The statement by the Board of Commissioners that it would reduce her salary was contrary to the express language of OCGA § 15-10-23 (b) (no "magistrate's compensation or supplement shall be decreased during any term of office")....
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Lee v. Peach Cnty. Bd. of Commissioners, 497 S.E.2d 562 (Ga. 1998).

Cited 8 times | Published | Supreme Court of Georgia | Apr 13, 1998 | 269 Ga. 380

...At the time of her removal, O'Neal was receiving an annual salary of $27,101.04. Shortly after Lee's appointment, the Peach County Board of Commissioners (Board) set his annual salary at $18,144.72. [1] Lee filed a petition for writ of mandamus contending that the Board acted in violation of OCGA § 15-10-23(a), which provides that "no chief magistrate's compensation......
...attained office.... One who is legally authorized to discharge the duties of an office." Since Lee had been performing the duties of chief magistrate before the Board took action to reduce his salary, he was at that time an incumbent in office. OCGA § 15-10-23(a) also prohibits a chief magistrate's compensation or supplement from being decreased "during any term of office." A "term of office" has been defined as the "statutorily-set, definite extent of time an elective office may be held." Lee v....
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Pike Cnty. v. Callaway-Ingram, 292 Ga. 828 (Ga. 2013).

Cited 5 times | Published | Supreme Court of Georgia | Apr 29, 2013 | 742 S.E.2d 471, 2013 Fulton County D. Rep. 1387

...The 1983 Georgia Constitution, Art. VI, Sec. VII, Par. V provides in relevant part that “[a]n incumbent’s salary, allowance, or supplement shall not be decreased during the incumbent’s term of office.” And, as noted, the salary for magistrates is set by statute. See OCGA § 15-10-23. Furthermore, there are statutory prohibitions against decreasing such compensation. Indeed, OCGA § 15-10-23 (d) states: The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate’s compensation or supplement shall be decreased during any term of office....
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Poppell v. Gault, 603 S.E.2d 271 (Ga. 2004).

Cited 3 times | Published | Supreme Court of Georgia | Sep 27, 2004 | 278 Ga. 437, 2004 Fulton County D. Rep. 3120

...In 1999, appellant Ralph Poppell was elected to a four-year term as chief magistrate of McIntosh County, commencing January 1, 2000. For 3½ years of the four-year term, Chief Magistrate Poppell received a salary pursuant to the statutory salary schedule for full-time chief magistrates set forth in OCGA § 15-10-23(a)(2)....
...for an associate magistrate that Chief Magistrate Poppell worked in the office two days a week, appellee Board of Commissioners of McIntosh County asked the chief magistrate to certify the time he spent performing his duties as magistrate. See OCGA § 15-10-23(a)(3). When Chief Magistrate Poppell declined the request, the Board directed its secretary to pay the chief magistrate pursuant to § 15-10-23(a)(3) as a part-time chief magistrate for two days of work per week....
...Chief Magistrate Poppell then filed a petition for mandamus in which he contended the Board had violated the Georgia Constitution and Georgia law by decreasing his salary during his term of office (see Ga. Const.1983, Art. VI, § VII, Par. V; OCGA § 15-10-23(d)), and sought issuance of a writ of mandamus compelling the Board of Commissioners to pay him the annual salary, allowances and supplements he had been receiving prior to November 2003. On March 11, 2004, the trial court denied the petition for writ of mandamus and injunctive relief, and appellant filed a timely notice of appeal to this Court. OCGA § 15-10-23 is the statutory framework for determining a magistrates's salary. The statute distinguishes between chief magistrates who serve in a full-time capacity and do not serve as probate judge, and "[a]ll other chief magistrates...." OCGA § 15-10-23(a)(2) and (a)(3). A chief magistrate who serves in a full-time capacity is one "who regularly exercises the power of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek." OCGA § 15-10-23(a)(1)....
...176, 177, 517 S.E.2d 326 (1999). The means by which the number of hours served by the chief magistrate is determined is the chief magistrate's certification to the county governing authority of "the number of actual hours worked by the chief magistrate...." OCGA § 15-10-23(a)(3)....
...definition of a full-time chief magistrate). 1. It is both unconstitutional and a violation of state law to decrease an incumbent's salary, allowance, or supplement during the incumbent's term of office. Ga. Const.1983, Art. VI, § VII, Par. V; OCGA § 15-10-23(d)....
...strate at least 40 hours a week, and the chief magistrate declined to certify the number of actual hours he did work. [2] A chief magistrate working less than full-time *273 is not entitled to the salary of a full-time chief magistrate. Compare OCGA § 15-10-23(a)(2) with § 15-10-23(a)(3)....
...issuance of a writ of mandamus to compel the county governing authority to pay him the salary, allowances, and supplements due a full-time chief magistrate of McIntosh County. 2. On appeal, Chief Magistrate Poppell contends that, to the extent OCGA § 15-10-23(a)(3) authorizes the county governing authority to require an elected chief magistrate to certify the number of actual hours worked, it violates Article I, Section II, Paragraph III of the Georgia Constitution, which contains the "separation of powers" provision of the state constitution....
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Brown v. Blackmon, 530 S.E.2d 712 (Ga. 2000).

Cited 3 times | Published | Supreme Court of Georgia | May 30, 2000 | 272 Ga. 435, 2000 Fulton County D. Rep. 2012

...In addition to serving as the chief clerk of the Magistrate Court of Bartow County, Penny Blackmon was appointed as an "assistant" magistrate of that court. As wages for her performance in the latter position, she received the salary of a part-time magistrate authorized by OCGA § 15-10-23....
...The trial court denied the motion, but certified its order for immediate review. We granted Commissioner Brown's application for interlocutory appeal, to consider whether a genuine issue of material fact remains as to Judge Blackmon's entitlement to receive the compensation specified in OCGA § 15-10-23 for one who is employed as a full-time magistrate....
...how much she does it, she was originally engaged only to serve as an "assistant" magistrate. If it is further undisputed that an assistant magistrate is a part-time *713 position, then she has no viable claim for the compensation provided under OCGA § 15-10-23 for a full-time magistrate....
...execution of her oaths as an assistant magistrate. The parol evidence rule precludes the making of such an inconsistent assertion. OCGA § 13-2-2(1). The gravamen of the claim appears to be that she is entitled to the compensation authorized by OCGA § 15-10-23 for a full-time magistrate simply because she performed some of the duties associated with that position and because she did so on a greater than part-time basis....
...meruit theory. See generally Bibb Realty Co. v. Fulghum & Co., 27 Ga.App. 378, 108 S.E. 554 (1921). However, that issue is not before us. The only question is whether Judge Blackmon is entitled to be compensated as a full-time magistrate under OCGA § 15-10-23 when the written contract pursuant to which she was engaged expressly provides that she was hired as an assistant magistrate....
...[1] The Georgia Code provides that the chief magistrate shall be elected by the voters of the county, and the chief magistrate shall appoint other magistrates with the consent of the superior court judges unless otherwise provided by local law. [2] OCGA § 15-10-23 sets the minimum salary for both magistrates who serve in a full-time capacity and those who serve in less than a full-time capacity....
...judgment to the county. I am authorized to state that Chief Justice BENHAM and Justice HUNSTEIN join in this special concurrence. NOTES [1] See Ga. Const. art. VI, sec. X, para. I (1983); 1983 Ga. Laws 884. [2] See OCGA § 15-10-20(d). [3] See OCGA § 15-10-23(a) & (c).
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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

...884, 928, § 7-1; OCGA Title 15, Chapter 10 (Code Ann. § 24-401 et seq.). Pursuant to OCGA § 15-10-20 (Code Ann. § 24-501), the *447Superior Court Judges of Calhoun County appointed Charlene Clark 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....
....4 This language has no applicability to the compensation of the office of magistrate, regardless of whether a person holding that office also serves as probate judge. Rather, the minimum compensation for the office of magistrate is governed by OCGA § 15-10-23 (Code Ann....
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Maddox v. Hayes, 598 S.E.2d 505 (Ga. 2004).

Cited 2 times | Published | Supreme Court of Georgia | Jun 28, 2004 | 278 Ga. 141, 2004 Fulton County D. Rep. 2156

...Morris, Jr., O'Quinn & Cronin, Stockbridge, McDonough, Michael A. O'Quinn, Stockbridge, for appellee. THOMPSON, Justice. Judge Judith R. Hayes is the Chief Magistrate of Henry County. Her minimum, or base, salary is set by statute at $60,938.35. OCGA § 15-10-23(a). She also receives a county supplement pursuant to OCGA § 15-10-23(d)....
...A legislative body, be it state or county, cannot reduce the salary, allowance or supplement of a sitting judge. Constitution of the State of Georgia, Art. VI, Sec. VII, Par. V. Thus, a county cannot decrease a chief or other magistrate's compensation or supplement during his or her term of office. OCGA § 15-10-23(d)....
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Deloach v. Evans Cnty., 272 Ga. 479 (Ga. 2000).

Cited 2 times | Published | Supreme Court of Georgia | Jun 12, 2000 | 532 S.E.2d 376, 2000 Fulton County D. Rep. 2221

...She acknowledged that she had begun work in 1994 as a full-time clerk of court and part-time magistrate and that she continues to perform both functions. Nevertheless, she asked to be compensated as a full-time magistrate according to the salary set forth in OCGA § 15-10-23.1 In response, the Evans County Board of Commissioners confirmed by letter Deloach’s status as part-time magistrate and noted that the commissioners have not authorized a change in status or pay for a full-time magistrate’s position....
...Decided June 12, 2000. Dubberly & McGovern, Joseph D. McGovern, for appellant. Callaway, Neville & Brinson, William E. Callaway, Jr., for appellees. Judgment affirmed. All the Justices concur. At the time of Deloach’s appointment in 1994, OCGA § 15-10-23 (b) set a minimum monthly salary for a magistrate at $250. Effective July 1, 1995, OCGA § 15-10-23 (c) was amended to provide that “each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,812.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less.” OCGA § 15-10-23 (a) (1) defines the term “full-time capacity” as “a work week of no less than 40 hours.”
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Rowland v. Tattnall Cnty., 260 Ga. 109 (Ga. 1990).

Cited 2 times | Published | Supreme Court of Georgia | Apr 19, 1990 | 390 S.E.2d 217

...ctly or indirectly — anything of value in exchange for the performance of any act related to the functions of that office. The judgment of the trial court was correct, in both reason and result. Judgment affirmed. All the Justices concur. 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....
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Dudley v. Rowland, 517 S.E.2d 326 (Ga. 1999).

Cited 1 times | Published | Supreme Court of Georgia | Jun 1, 1999 | 271 Ga. 176, 99 Fulton County D. Rep. 2070

...at because of the workload, the position of chief magistrate would be full-time effective January 1, 1997; the commencement of his next term. In a letter dated January 7, 1997, the Commissioners agreed and funded the position in accordance with OCGA § 15-10-23(a)(2)....
...owland's work schedule back to part-time, while maintaining his hourly rate and level of pay. [3] In April 1998, Rowland filed a petition for writ of mandamus seeking an order requiring the Commissioners to pay him the compensation specified in OCGA § 15-10-23....
...by the number of hours served by the chief magistrate in fulfilling the responsibilities of the judicial office. [4] Any reduction in compensation for a chief magistrate who serves in a full-time capacity is contrary to the express language of OCGA § 15-10-23(a) that "no chief magistrate's compensation or supplement shall be decreased during any term of office." We agree with the trial court that the salary the law provides for the office of a full-time chief magistrate controls here. The minimum salary for a full-time chief magistrate is provided in OCGA § 15-10-23. Although OCGA § 15-10-23(a) allows a county to supplement the minimum annual salary "as it may fix from time to time," the statute does not similarly provide an avenue for a county to impose a salary decrease below the statutory minimum. Any change in compensation for county magistrates can be effected only by a local act of the General Assembly. See OCGA § 15-10-23(a)(3) and (e)....
...All the Justices concur. NOTES [1] Prior to January 1997, the office was staffed by a part-time Chief Magistrate (Rowland) and two part-time appointed magistrates. [2] In 1997, Rowland's salary was $20,442, calculated as full-time and in accordance with OCGA § 15-10-23(a)(2) and (j). [3] For 1998, the Commissioners budgeted $26,041 for Rowland's salary, in accordance with OCGA § 15-10-23(a)(3) and (j). However, Rowland continued to receive the same monthly amount for January, February, and March 1998 as he had in 1997. [4] "[T]he term `full-time capacity' means a work week of no less than 40 hours." OCGA § 15-10-23(a)(1).
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In re Magistrate Court, 262 Ga. 334 (Ga. 1992).

Published | 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....