O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-9-10 (2019)

Temporary filling of vacancy; order of priority; compensation

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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) If at any time there is a vacancy in the office of judge of the probate court, such vacancy shall be filled as set forth in Code Section

Annotations

The 2018 amendment, effective July 1, 2018, substituted the present provisions of the first three sentences of subsection (a) for the former provisions, which read: "Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city or state court, as the case may be, shall serve as the judge and shall be vested with all the powers of the judge. If there is no such chief judge or if for some reason the chief judge cannot serve as judge, the clerk of the superior court of the county shall serve as judge and shall be vested with all the powers of the judge. In the event that the clerk of the superior court, for some reason, cannot serve as judge, the chief judge of the superior court of the county shall appoint a person to serve as judge; such person shall be vested with all the powers of the judge."; designated the existing provisions of the fourth through sixth sentences of subsection (a) as subsection (c); added subsection (b); deleted former subsection (b), which read: "Reserved."; and, in subsection (c), in the first sentence, inserted "sole county commissioner or the" near the beginning, substituted "commissioners shall fix the compensation of the individual" for "commissioners or, in those counties which have no commissioners, the chief judge of the superior court shall fix the compensation of the person" in the middle.

Cross references. - Filling of vacancies in public office generally, § 45-5-1 et seq.

JUDICIAL DECISIONS

Cited in Bosworth v. Walters, 46 Ga. 635 (1872); Pearson v. Lee, 173 Ga. 496, 160 S.E. 369 (1931); Cloud v. Maxey, 195 Ga. 90, 23 S.E.2d 668 (1942).