O.C.G.A. § 15-10-5 (2019)

Annotations

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-602 and 24-904 are included in the annotations for this Code section. Splitting compensation into salary and expenses of court improper. - Method of simply ‘‘splitting’’ the compen-

sation 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 and 15-10-23. 1983 Op. Att’y Gen. No. U83-39. Counties required to furnish dockets and forms. - Counties are not required to furnish justices of the peace

everything justices may need in the performance of their duties; however, counties are required to furnish justices of the peace and constables with dockets and necessary forms used for process and service by the justices. 1957 Op. Att’y Gen. p. 33 (decided under former Code 1933, § 24-602). Words ‘‘necessary furniture and other materials’’ construed broadly. - Phrase ‘‘necessary furniture and other materials necessary for the conduct of such courts’’ is a very broad and comprehensive coverage of furniture and materials which would necessarily cover writing instruments such as pens, ink, pencils,

and, if the volume of business required it, may include a typewriter which is merely a mechanical improvement upon the other writing devices. 1952-53 Op. Att’y Gen. p. 313 (decided under former Code 1933, § 24-904). County governing authority is responsible for all expenses necessary for a small claims/magistrate court’s operation, distinct from the compensation paid to the individual magistrates. 1983 Op. Att’y Gen. No. U83-39. Magistrate’s offices must be open for sufficient periods to perform duties required by law. 1983 Op. Att’y Gen. No. 83-59.