O.C.G.A.

O.C.G.A. § 15-7-23 (2019)

Filling vacancies

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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In the event of a vacancy in the office of judge of the state court for any reason except the expiration of the term of office, the Governor shall

appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution.

History

Code 1981, § 15-7-23, enacted by Ga. L. 1983, p. 1419, § 2; Ga. L. 1984, p. 22, § 15.

Annotations

JUDICIAL DECISIONS Cited in Perdue v. Palmour, 278 Ga. 217, 600 S.E.2d 370 (2004).

Notes of Decisions

Cited in 5 cases, 1994–2017 · leading case: Perdue v. Palmour, 600 S.E.2d 370 (Ga. 2004).

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Perdue v. Palmour, 600 S.E.2d 370 (Ga. 2004). · cites it 4× “See OCGA §§ 15-7-23; 15-18-60(b). The parties agree that Governor Perdue has the right to appoint successors to the two vacant offices.”

Brooks v. Georgia State Bd. of Elections, 59 F.3d 1114 (11th Cir. 1995). · cites it 2× “6, § 7, ¶ 1 (1983); O.C.G.A. § 15-7-23 (1990). Georgia law, however, also empowers the Governor with the authority to appoint individuals to fill vacan-' cies in the judiciary.”

Heiskell Et Al. v. Roberts, 764 S.E.2d 368 (Ga. 2014). · cites it 2× “1422 (codified as amended at OCGA § 15-7-23) (emphasis added). Unlike the statute concerning magistrate court judges, the statute concerning state court judges does not refer to “the remainder of the unexpired term,” because under the 1983 Constitution, that concept no longer…”

Heiskell Et Al. v. Roberts, 802 S.E.2d 385 (Ga. Ct. App. 2017). · cites it 2× “In the event a vacancy occurs in the office of *114 said judge for any reason, such vacancy shall be filled as provided in Code Section 15-7-23 of the OCGA. (b) The judge of said state court shall receive a salary of $60,000.”

Brooks v. State Bd. of Elections, 848 F. Supp. 1548 (S.D. Ga. 1994). · cites it 2× “6, § 7, ¶ 3 (1983); O.C.G.A. § 15-7-23 (1990). The Georgia judicial electoral system involves aspects of both election and appointment.”

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