ARTICLE 2
JUDGES
15-7-25. Service by retired judge or judge emeritus.
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Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be authorized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emeritus of the state court shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law. When serving in such capacity, the retired judge or judge emeritus shall receive the amount of compensation and payment of expenses as provided by subsection (d) of Code Section 15-1-9.2, with such expenses being borne by the governing authority responsible for funding the operation of the requesting court.
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A retired judge or a judge emeritus of a state court shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.
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Except as otherwise provided in the Constitution of this state, a judge of a state court shall be authorized to serve as judge of any other state court, but only upon the call of the judge of such other state court. When serving in a state court other than his own, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law.
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Any retired judge or judge emeritus of a state court may issue arrest warrants and search warrants in the same manner as an active judge of state court if the retired judge or judge emeritus is authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.
(Code 1981, §15-7-25, enacted by Ga. L. 1983, p. 1419, § 2; Ga. L. 1985, p. 1105, § 3; Ga. L. 1990, p. 343, § 2.)
Cross references.
- Service by judges in counties outside county of appointment or election,
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15-1-9.1.
Warrants for arrest generally,
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17-4-40.
Issuance of search warrants generally,
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17-5-21.
Issuance of marriage licenses generally,
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19-3-30 et seq.
JUDICIAL DECISIONS
Indefinite appointment of assistant judges and district attorneys.
- State court judge does not have the authority to order the indefinite appointment of assistant judges or solicitors (now district attorneys) whose positions are not authorized by local law or to finance those positions through a court-created fund comprised of moneys withheld from the county treasury. Cramer v. Spalding County, 261 Ga. 570, 409 S.E.2d 30 (1991).
RESEARCH REFERENCES
ALR.
- Construction and validity of state provisions governing designation of substitute, pro tempore, or special judge, 97 A.L.R.5th 537.
