O.C.G.A.

O.C.G.A. § 15-7-25 (2019)

Service by retired judge or judge emeritus

✓ 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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(a) 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.

(b) 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.

(c) 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.

(d) 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.

History

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.

Annotations

Cross references. - Service by judges in counties outside county of appointment

or election, § 15-1-9.1. Warrants for arrest generally, § 17-4-40. Issuance of search warrants generally, § 17-5-21. Issuance of marriage licenses generally, § 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 autho-

rized 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.

Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: Cramer v. Cnty. of Spalding, 409 S.E.2d 30 (Ga. 1991).
Cramer v. Cnty. of Spalding, 409 S.E.2d 30 (Ga. 1991). · cites it 4× “Judge Cramer cites three possible sources for his authority to appoint and pay an assistant judge and assistant solicitor — OCGA §§ 15-7-25 (a) and 15-1-9.1 (b), Unif.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.