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2018 Georgia Code 15-6-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-6-4 Case Law from Google Scholar Amendments to OCGA 15-6-4

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-6-4. Qualifications of judges.

  1. No individual shall be judge of the superior courts unless, at the time of his or her election, he or she has attained the age of 30 years, has been a citizen of the state for three years, has practiced law for seven years, and is a member in good standing with the State Bar of Georgia and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
  2. The office of any superior court judge shall be vacated upon the disbarment or suspension from the practice of law of such judge by the Supreme Court whether voluntary or involuntary and upon order of the Supreme Court providing for such removal from office.

(Orig. Code 1863, § 234; Code 1868, § 228; Code 1873, § 238; Code 1882, § 238; Civil Code 1895, § 4312; Civil Code 1910, § 4836; Code 1933, § 24-2603; Ga. L. 1964, p. 363, § 1; Ga. L. 2017, p. 152, § 1/HB 88.)

The 2017 amendment, effective July 1, 2017, designated the existing provisions as subsection (a); in subsection (a), substituted "individual" for "person" near the beginning, inserted "or her" twice, inserted "or she" near the middle, and inserted "is a member in good standing with the State Bar of Georgia and" near the end; and added subsection (b).

Cross references.

- Qualifications of judges of superior courts, Ga. Const. 1983, Art. VI, Sec. VII, Para. II.

Law reviews.

- For article, "The Selection and Tenure of Judges," see 2 Ga. St. B. J. 281 (1966).

JUDICIAL DECISIONS

Plaintiff's challenge to the trial judge is without merit since it is not contested that this trial judge did not meet the qualifications to serve as a superior court judge. Moore v. American Suzuki Motor Corp., 203 Ga. App. 189, 416 S.E.2d 807 (1992).

O.C.G.A. §§ 15-1-8,15-6-4, and15-19-58 did not conflict with one another so as to be unconstitutional because § 15-1-8 provided that judges should not be disqualified from sitting in a proceeding because the judge was a policyholder of any mutual insurance company, § 15-6-4 provided for qualifications for state superior court judges, and § 15-19-58 allowed the state bar to seek injunctive relief against parties engaging in the unauthorized practice of law. Alyshah v. Georgia, F. Supp. 2d (N.D. Ga. Sept. 1, 2006), aff'd, 230 Fed. Appx. 949 (11th Cir. Ga. 2007).

OPINIONS OF THE ATTORNEY GENERAL

Confirmation by Senate not necessary.

- Individuals who are appointed by the Governor to the office of judge of the superior court, judge of the superior court emeritus (now senior judge), solicitor general (now district attorney), and solicitor general emeritus (now district attorney emeritus) do not have to be submitted to the state Senate for confirmation. 1960-61 Op. Att'y Gen. p. 101.

Part-time judges or referees.

- Both part-time judges of the magistrate court and part-time referees of the juvenile court may be assigned to hear cases in the superior court so long as they meet the qualifications of judges of the superior court as provided in O.C.G.A. § 15-6-4. 1989 Op. Att'y Gen. No. U89-7.

District attorney may run for office of judge.

- Solicitor general (now district attorney) would not have to resign that office in order to qualify as a candidate for the office of superior court judge. 1967 Op. Att'y Gen. No. 67-77.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 5, 6.

Disqualification of Trial Judge for Cause, 50 POF3d 449.

C.J.S.

- 48A C.J.S., Judges, §§ 20, 21.

ALR.

- Validity and construction of constitutional or statutory provisions making legal knowledge or experience a condition of eligibility for judicial office, 71 A.L.R.3d 498.

Cases Citing Georgia Code 15-6-4 From Courtlistener.com

Total Results: 2

Sharpe v. State

Court: Supreme Court of Georgia | Date Filed: 2020-10-19

Snippet: 2020 OpinionsWeb Editor2020-10-19T16:15:06-04:00 DISCLAIMER: These opinions are subject to

Ellis v. Johnson

Court: Supreme Court of Georgia | Date Filed: 2012-05-29

Citation: 291 Ga. 127, 728 S.E.2d 200, 2012 Fulton County D. Rep. 1758, 2012 WL 1909366, 2012 Ga. LEXIS 489

Snippet: qualification as superior court judges, see OCGA § 15-6-4) ensures that the right to a jury trial will be