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2018 Georgia Code 15-3-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-3-4 Case Law from Google Scholar Amendments to OCGA 15-3-4

TITLE 15 COURTS

Section 3. Court of Appeals, 15-3-1 through 15-3-13.

ARTICLE 2 CLERK OF THE SUPREME COURT

15-3-4. Election and term of office of Judges of Court of Appeals.

  1. The Judges of the Court of Appeals shall be elected at the general primary in each even-numbered year in the manner in which Justices of the Supreme Court are elected. The election of the Judges shall be as follows:
    1. Successors to the Judges serving in judgeships which existed prior to 1999 shall be elected as follows:
      1. Successors to any Judges whose terms expired at the end of 1998 shall be elected at the general election in 2004 and each sixth year thereafter;
      2. Successors to any Judges whose terms expire at the end of 2000 shall be elected at the general election in 2000 and each sixth year thereafter;
      3. Successors to any Judges whose terms expire at the end of 2002 shall be elected at the general election in 2002 and each sixth year thereafter; and
      4. Successors to any Judges whose terms expire at the end of 2004 shall be elected at the general election in 2004 and each sixth year thereafter; and
    2. Successors to the two Judges serving in the judgeships created in 1999 shall be elected at the 2000 general election and each sixth year thereafter.

      The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor.

  2. The additional judgeships created in 2015 shall be appointed by the Governor for a term beginning January 1, 2016, and continuing through December 31, 2018, and until their successors are elected and qualified. Their successors shall be elected in the manner provided by law for the election of Judges of the Court of Appeals at the nonpartisan judicial election in 2018, for a term of six years beginning on January 1, 2019, and until their successors are elected and qualified. Future successors shall be elected at the nonpartisan judicial election each sixth year after such election for terms of six years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

(Ga. L. 1916, p. 56, § 2; Code 1933, § 24-3502; Ga. L. 1960, p. 158, § 2; Ga. L. 1961, p. 140, § 2; Ga. L. 1985, p. 149, § 15; Ga. L. 1996, p. 405, § 2; Ga. L. 1999, p. 10, § 2; Ga. L. 2014, p. 866, § 15/SB 340; Ga. L. 2015, p. 919, § 1-2A/HB 279.)

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "primary in each even-numbered year" for "state election to be held on Tuesday after the first Monday in November of the even-numbered years" near the middle of the first sentence of the introductory paragraph.

The 2015 amendment designated the existing provisions as subsection (a) and added subsection (b). See editor's note for effective date.

Cross references.

- Election and term of office generally, Ga. Const. 1983, Art. VI, Sec. VII, Para. I and § 21-2-9.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1999, "Judges" was substituted for "judges" in paragraph (2).

Editor's notes.

- Ga. L. 1999, p. 10, § 3, not codified by the General Assembly, provides that: "The initial judges to serve in the two judgeships created by this Act shall be appointed by the Governor for terms to expire at the end of 2000."

Ga. L. 2015, p. 919, § 4-1(b), not codified by the General Assembly, provides that: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.

"(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016.

"(3) If funds are not so appropriated, then Part I of this Act shall not become effective and shall stand repealed on July 1, 2015." Funds were appropriated at the 2015 session of the General Assembly.

Law reviews.

- For article, "The Selection and Tenure of Judges," see 2 Ga. St. B. J. 281 (1966). For article, "Annual Survey of Georgia Law: June 1, 2015 - May 31, 2016: Special Contribution: Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals," see 68 Mercer L. Rev. 1 (2016).

JUDICIAL DECISIONS

Quo warranto denied challenging appointment of judges.

- Trial court's denial of the challenger's petition for a writ of quo warranto was affirmed because the newly created positions on the Georgia Court of Appeals qualified as vacancies under Ga. Const. 1983, Art. VI, Sec. VII, Para. III; thus, the governor had the authority to appoint judges to the vacancies created by amended O.C.G.A. § 15-3-1(a). Clark v. Deal, 298 Ga. 893, 785 S.E.2d 524 (2016).

Cases Citing O.C.G.A. § 15-3-4

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Perdue v. Baker, 586 S.E.2d 606 (Ga. 2003).

Cited 31 times | Published | Supreme Court of Georgia | Sep 4, 2003 | 277 Ga. 1, 2003 Fulton County D. Rep. 2700

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Broxton v. The State (two Cases), 306 Ga. 127 (Ga. 2019).

Cited 16 times | Published | Supreme Court of Georgia | Jun 10, 2019

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Moore v. Adams, 153 Ga. 709 (Ga. 1922).

Cited 16 times | Published | Supreme Court of Georgia | Jul 11, 1922 | 113 S.E. 383, 23 A.L.R. 925

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Clark v. Deal (& Vice Versa), 298 Ga. 893 (Ga. 2016).

Cited 7 times | Published | Supreme Court of Georgia | Apr 26, 2016 | 785 S.E.2d 524

...3-1 (a) to provide for a total of 1 “The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging.” OCGA § 9–6–60. 15 judges. In addition, OCGA § 15-3-4 was amended to add subsection (b), which provides in relevant part: “The additional judgeships created in 2015 shall be appointed by the Governor for a term beginning January 1, 2016, and continuing through December 31, 2018, and until...
...petition for a writ of quo warranto, which became ripe at the time that the new judges assumed office. Accordingly, this opinion addresses only that portion of the underlying suit. 3. Throughout this litigation, Clark has contended that OCGA § 15-3-4 (b) is unconstitutional because the Georgia Constitution requires that Court of Appeals judges who fill newly created seats must be selected by a general nonpartisan election....
...are exceptions to this rule. The power of the Governor to make appointments in the case of vacancies, itself, is such an exception. This is further exemplified by 5 (a) In reviewing the propriety of OCGA § 15-3-4 (b), it must be remembered that “all presumptions are in favor of the constitutionality of [a statute].” (Citation and punctuation omitted.) JIG Real Estate, LLC v. Countrywide Home Loans, Inc., 289 Ga....
...d."); Throop, A Treatise on the Law Relating to Public Officers and Sureties in Official Bonds § 431 (1892) ("An existing office without an incumbent is vacant, whether it be a new or an old office."). Accordingly, the constitutionality of OCGA § 15-3-4 (b) is supported by this ordinary definition and plain meaning. Nonetheless, Clark contends that we should look to OCGA § 45-5-1 3 to 3 This statute provides: (a) All offices in the state shall be vacated:...
...To the contrary, the 1983 Constitution’s drafters appear to have intended that “vacancy” be interpreted in a broad sense, as they gave the term no limitations.4 Second, Clark contends that the terminology of OCGA § 45-5-1 directly contradicts OCGA § 15-3-4 (b), and, as such, the latter statute should not be followed....
...this Constitution or by law.” 1983 Ga. Const. Art. V, Sec. II, Par. VIII. 9 but the latest declaration controls.” (Citations omitted.) Tippins Bank & Trust Co. v. Southern Gen. Ins. Co., 266 Ga. 97, 98 (464 SE2d 381) (1995). OCGA § 15-3-4 (b) is the last expression, and it allows the gubernatorial appointment of Court of Appeals judges to newly created seats....
...Therefore, for all of the reasons discussed above, the broadly used meaning of “vacancy” includes a newly created position on the Court of Appeals. (b) The history of gubernatorial appointments also gives support to a finding that OCGA § 15-3-4 (b) is constitutional....
...Instead, they intended for the governor’s authority to fill vacancies under Art. VI, Sec. VII, Par. III to extend to newly created seats on the Court of Appeals when the General Assembly has not made other provisions for filling the seats.6 4. Although Clark and the dissent contend otherwise, OCGA § 15-3-4 (b) does not serve to wholly disenfranchise the citizens of Georgia with regard to the newly created seats on the Court of Appeals....
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Georgia Bd. of Dentistry v. Brooks, 548 S.E.2d 284 (Ga. 2001).

Cited 3 times | Published | Supreme Court of Georgia | Jun 4, 2001 | 273 Ga. 852