CopyCited 14 times | Published | Supreme Court of Georgia | Oct 15, 2012 | 732 S.E.2d 421, 2012 Fulton County D. Rep. 3148
...asserted further that, had he been receiving the correct compensation under the 1994 Act at the time the 2008 Act went into effect, the 2008 Act would have had the effect of decreasing his compensation during his term of office in violation of OCGA §
15-18-67 (b) (“no solicitor-general’s compensation or supplement shall be decreased during his or her term of office”)....
...d that Inagawa should have received 75 percent of the total compensation — base salary plus supplement — of the State Court judge. Furthermore, the court found that the 2008 Act, if applied to Inagawa as of its effective date, would violate OCGA §
15-18-67 (b) by reducing his compensation during his term of office....
...ctive. As the parties have stipulated, Inagawa’s actual compensation was $86,771.43. Therefore, it is clear that the 2008 Act had the effect of reducing the compensation to which Inagawa was entitled during his term of office, in violation of OCGA §
15-18-67 (b). The question thus becomes how to resolve this conflict.
The trial court resolved the dilemma by concluding that the 2008 Act did not take effect as to Inagawa until the beginning of his next term of office, thereby avoiding any violation of OCGA §
15-18-67 (b)....
...ct to correct “obvious typographical or clerical error”).
It follows that, under the plain language of Section 3, the 2008 Act became effective when the Governor signed it on May 13,2008. So read, the 2008 Act irreconcilably conflicts with OCGA §
15-18-67 (b), which prohibits the reduction of a solicitor-general’s compensation during his term of office....
...All the Justices concur.
*720Decided October 15, 2012.
Richard R Lindsey, Jon T. Sellers, for appellant.
Scott D. Bennett, for appellees.
State law provides that solicitors-general are to be “compensated from county funds as provided by local law.” OCGA §
15-18-67 (a).
Specifically, Inagawa contends that, from July 1,2007 through May 31,2008, he received only 58% of the total compensation paid to the State Court judge, and that from June 1, 2008 through the present, he has received only 62% thereof....
