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O.C.G.A. § 15-9-1 — Election; term | Georgia Code

O.C.G.A. § 15-9-1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 1 GENERAL PROVISIONS

15-9-1. Election; term.

The judges of the probate courts are elected by the people of their respective counties at the time and in the manner prescribed by law. They shall hold their offices for four years and until their successors are elected and qualified, unless sooner removed. Their terms shall begin on January 1 and expire on January 1 four years next thereafter.

(Orig. Code 1863, § 295; Code 1868, § 355; Ga. L. 1872, p. 81, § 7; Code 1873, § 319; Code 1882, § 319; Civil Code 1895, § 4219; Civil Code 1910, § 4777; Code 1933, § 24-1702.)

Cross references.

- Election and term of office, Ga. Const. 1983, Art. VI, Sec. VII, Para. I.

Law reviews.

- For article, "The Selection and Tenure of Judges," see 2 Ga. St. B. J. 281 (1966). For article, "Timber! - Falling Tree Liability in Georgia," see 10 Ga. St. B. J. 10 (2004).

JUDICIAL DECISIONS

Unqualified voter not eligible for office of probate judge.

- Under application of the provisions of the Constitution and laws of Georgia, a person who is not a qualified voter is not eligible for the office of ordinary (now probate judge) of a county. Lee v. Byrd, 169 Ga. 622, 151 S.E. 28 (1929).

Cited in Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Montgomery v. Montgomery, 287 Ga. App. 77, 650 S.E.2d 754 (2007).

RESEARCH REFERENCES

C.J.S.

- 48A C.J.S., Judges, § 13 et seq.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.