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2018 Georgia Code 15-6-29 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-6-29. Salary of judges.

  1. The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4 and may be as provided in Code Section 15-6-29.1. The annual salary provided by Code Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 12 equal monthly installments.
  2. The annual salary shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1, 15-6-30, and 15-6-32.
  3. When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive from the county or counties comprising the circuit the same county salary supplement, if any, then in effect for the other judge or judges of the judicial circuit. Such salary supplement for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required in order to authorize such salary supplement, but nothing in this Code section shall be construed to prohibit the enactment of local legislation relating to such salary supplements. A publication of notice of intention to introduce local legislation as provided for in Code Section 28-1-14 shall be required for any local legislation granting, changing the amount of, or removing a salary supplement; but no publication of notice of intention shall be required for a bill creating one or more new superior court judgeships.

(Ga. L. 1904, p. 72, § 1; Civil Code 1910, § 323; Code 1933, § 24-2606; Ga. L. 1957, p. 273, §§ 1, 2, 3; Ga. L. 1962, p. 64, § 1; Ga. L. 1965, p. 528, § 1; Ga. L. 1969, p. 113, § 1; Ga. L. 1972, p. 1015, § 408; Ga. L. 1993, p. 1402, § 9.1; Ga. L. 1996, p. 405, § 3; Ga. L. 2008, p. 577, § 3/SB 396; Ga. L. 2015, p. 919, § 1-3/HB 279.)

The 2015 amendment, in subsection (a), inserted "and may be as provided in Code Section 15-6-29.1" at the end of the first sentence and substituted "annual salary provided by Code Section 45-7-4 shall be paid" for "salary shall be paid" in the last sentence; and, in subsection (b), substituted "annual salary" for "salary so fixed" near the beginning and substituted "Code Sections 15-6-29.1, 15-6-30, and" for "Code Sections 15-6-30 and" near the end. See editor's note for effective date.

Cross references.

- Notice of intention to introduce local bills, § 28-1-14.

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).

JUDICIAL DECISIONS

Cited in Stokes v. Fortson, 234 F. Supp. 575 (N.D. Ga. 1964).

OPINIONS OF THE ATTORNEY GENERAL

Method of payment if operating account of superior court judges insufficient.

- If there is a surplus in the operating account of the district attorneys, but if a warrant were paid in the full amount of the payroll for the superior court judges, a deficit would occur in the operating account of the superior court judges, the Department of Administrative Services may request and pay a warrant drawn on the account of the district attorney's operating account to cover the needed funds in the operating account of the superior court judges for the final payroll of the fiscal year. 1971 Op. Att'y Gen. No. 71-117.

Judge's travel expenses.

- There is no violation of limitations on the judge's salary and allowances by receipt of travel expenses from state agency otherwise entitled to disburse such moneys. 1963-65 Op. Att'y Gen. p. 320.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 50 et seq.

C.J.S.

- 48A C.J.S., Judges, § 84 et seq.

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