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2018 Georgia Code 15-3-5 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 2 CLERK OF THE SUPREME COURT

15-3-5. Oath of Judges; compensation.

  1. Before entering on the discharge of their duties, the Judges shall take the oath prescribed for judges of the superior courts, along with all other oaths required for civil officers.
    1. The annual salary of each Judge of the Court of Appeals shall be as specified in Code Section 45-7-4. Such salary shall be paid in equal monthly installments.
    2. The Judges shall receive expenses and allowances as provided in Code Section 45-7-20. If a Judge resides 50 miles or more from the judicial building in Atlanta, such Judge shall also receive a mileage allowance for the use of a personal motor vehicle when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip per calendar week to and from the Judge's residence and the judicial building in Atlanta by the most practical route, during each regular and extraordinary session of court. In the event a Judge travels by public carrier for any part of a round trip as provided above, such Judge shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. Transportation costs incurred by a Judge for air travel to and from the Judge's residence to the judicial building in Atlanta shall be reimbursed only to the extent that such costs do not exceed the cost of travel by personal motor vehicle. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers.
    3. If a Judge resides 50 miles or more from the judicial building in Atlanta, such Judge shall also receive the same daily expense allowance as members of the General Assembly receive, as set forth in Code Section 28-1-8, for not more than 35 days during each term of court. Such days shall be utilized only when official court business is being conducted. All allowances provided for in this paragraph shall be paid upon the submission of proper vouchers.
  2. The salary provided for in subsection (b) of this Code section shall be the total compensation to be paid by the state to the officials named in subsection (b) of this Code section and shall be in lieu of any and all other amounts to be paid from state funds.

(Orig. Code 1863, § 205; Code 1868, § 199; Code 1873, § 212; Code 1882, § 212; Civil Code 1895, § 5502; Ga. L. 1906, p. 24, § 3; Civil Code 1910, §§ 330, 6107; Code 1933, §§ 24-3503, 24-4004; Ga. L. 1957, p. 205, §§ 2-4; Ga. L. 1962, p. 3, §§ 2, 3; Ga. L. 1966, p. 72, § 2; Ga. L. 1970, p. 19, § 2; Ga. L. 1983, p. 3, § 12; Ga. L. 1993, p. 1402, § 7; Ga. L. 2007, p. 424, § 2/HB 120; Ga. L. 2015, p. 919, § 1-2B/HB 279; Ga. L. 2017, p. 122, § 1-2/HB 5.)

The 2015 amendment added paragraph (b)(3). See editor's note for effective date.

The 2017 amendment, effective July 1, 2017, substituted "35 days" for "30 days" near the end of the first sentence of paragraph (b)(3).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, "Judge" was substituted for "Justice" in the middle of the third sentence of paragraph (b)(2).

Editor's notes.

- 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 discussing judicial compensation, see 14 Ga. St. B. J. 110 (1978). 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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 10, 26.

C.J.S.

- 48A C.J.S., Judges, §§ 23, 84.

Cases Citing Georgia Code 15-3-5 From Courtlistener.com

Total Results: 5

STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC.

Court: Supreme Court of Georgia | Date Filed: 2022-12-20

Snippet: immediately” to the Attorney General); OCGA § 45-15-3 (5) (providing that the Attorney General “represent[s]

Byers v. State

Court: Supreme Court of Georgia | Date Filed: 2021-04-05

Snippet: felony actions before the Supreme Court.” OCGA § 45-15-3 (5). And district attorneys have the statutory responsibility

Parks v. State

Court: Supreme Court of Georgia | Date Filed: 2018-08-20

Citation: 818 S.E.2d 502, 304 Ga. 313

Snippet: enumerated in paragraph (1) of [former] Code Section 16-15-3."5 Former OCGA § 16-15-3 provided in relevant part:

Head v. Stripling

Court: Supreme Court of Georgia | Date Filed: 2003-10-14

Citation: 590 S.E.2d 122, 277 Ga. 403, 2003 Fulton County D. Rep. 3657, 2003 Ga. LEXIS 1053

Snippet: State on appeals in death penalty cases (OCGA § 45-15-3 (5)), the Attorney General’s office usually does not

Perdue v. Baker

Court: Supreme Court of Georgia | Date Filed: 2003-09-04

Citation: 586 S.E.2d 606, 277 Ga. 1, 2003 Fulton County D. Rep. 2700, 2003 Ga. LEXIS 700

Snippet: Const, art. V, sec. II, para. I. OCGA § 45-15-3 (5). OCGA § 45-15-10. OCGA § 45-15-3 (6).