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2018 Georgia Code 15-6-28 | Car Wreck Lawyer

TITLE 15 COURTS

Section 6. Superior Courts, 15-6-1 through 15-6-100.

ARTICLE 1 GENERAL PROVISIONS

15-6-28. Law assistants and court administrators for judicial circuits; circuits having institutions for carrying out death sentences.

  1. The chief judge of each judicial circuit is authorized to employ either one law assistant or one court administrator for the circuit. Each judicial circuit is authorized to employ additional law assistants and administrators subject to availability of funds.
  2. The chief judge of a judicial circuit wherein there is located an institution of the state designated by the Department of Corrections for carrying out the death sentence is authorized to employ a law assistant whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution.
  3. All personnel actions involving law assistants and court administrators employed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27.
  4. Funds for salaries, expenses, and other remuneration for law assistants and court administrators employed pursuant to this Code section shall be paid from state funds appropriated or otherwise available for the operation of the superior courts.

(Ga. L. 1980, p. 455, §§ 1, 2; Ga. L. 1985, p. 1279, § 1; Ga. L. 1986, p. 1488, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 15; Ga. L. 1997, p. 1335, § 4; Ga. L. 1999, p. 736, § 1.)

Cross references.

- Reimbursement to counties for habeas corpus costs, § 9-14-53.

Death penalty generally, § 17-10-30 et seq.

JUDICIAL DECISIONS

Delegation of power to excuse jurors.

- If the clerk delegated the duty of handling excusals to the court administrator and the chief deputy clerk, the court administrator (who excused some veniremen) did not have such power if the court administrator was not authorized expressly by the chief judge to excuse jurors, but there was no such disregard of the essential and substantial provisions of the statute as would vitiate the arrays. Hendrick v. State, 257 Ga. 17, 354 S.E.2d 433 (1987).

Cases Citing O.C.G.A. § 15-6-28

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Sallie v. State, 499 S.E.2d 897 (Ga. 1998).

Cited 25 times | Published | Supreme Court of Georgia | May 18, 1998 | 269 Ga. 446

...Payroll records, however, show that English was expected to work at least 40 hours per week and that his monthly pay ranged from about $1,800 in 1987 to $2,350 in 1996. In addition, English's personnel forms list his position as "Law Clerk—Waycross Judicial Circuit," and state that he serves the *899 circuit. OCGA § 15-6-28(a), the statute which authorized English's position, provides that the chief judge of each judicial circuit can hire one law clerk or court administrator for the circuit. Thus, under state law, only one law clerk position per circuit may be compensated with state funds and English's payroll records clearly show that he was paid by the state. See OCGA § 15-6-28(a), (b), (h). Although English served at the pleasure of the chief judge of the Waycross Circuit, OCGA § 15-6-28(e), it is clear that his position served the entire circuit and all three superior court judges in the circuit....
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Hendrick v. State, 354 S.E.2d 433 (Ga. 1987).

Cited 17 times | Published | Supreme Court of Georgia | Apr 9, 1987 | 257 Ga. 17

...In this case, the clerk delegated the duty of handling excusals to the court administrator and the chief deputy clerk. By statute, the deputy clerk has *18 the same powers and duties as those of the clerk of the court. OCGA § 15-6-59. The court administrator (who excused some veniremen) does not have such power. See OCGA § 15-6-28 as follows: "[the] court administrator shall perform such duties and services as shall be prescribed by the judge." He was not authorized expressly by the chief judge to excuse jurors....