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Call Now: 904-383-7448No judge of a probate court shall engage, directly or indirectly, in the practice of law in his or her own name or in the name of another, as open or silent partner, or otherwise:
(Ga. L. 1851-52, p. 91, § 20; Ga. L. 1859, p. 18, § 1; Code 1863, § 312; Code 1868, § 372; Code 1873, § 339; Code 1882, § 339; Ga. L. 1889, p. 46, § 1; Civil Code 1895, § 4242; Civil Code 1910, § 4800; Code 1933, § 24-1715; Ga. L. 2018, p. 356, § 1-4/SB 436.)
The 2018 amendment, effective July 1, 2018, inserted "or her" throughout this Code section; in paragraph (3), substituted "on behalf" for "in behalf" near the beginning, substituted "individual" for "person" near the middle, deleted "of him" following "duty may require" in the middle, and inserted "or she" near the end.
- Regulation of practice of law generally, § 15-19-50 et seq.
Ordinary (now probate judge) cannot give an opinion as attorney of construction of will which might come under the ordinary's (now probate judge's) jurisdiction. Massey v. Calhoun, 26 Ga. 127 (1858).
Probate judge cannot bring suit on bond of administrator subject to the judge's jurisdiction. Smith v. Andrews, 70 Ga. 708 (1883).
Cited in Roberts v. State, 280 Ga. App. 672, 634 S.E.2d 790 (2006).
- 46 Am. Jur. 2d, Judges, § 46.
- 48A C.J.S., Judges, § 48.
- What amounts to practice of law within contemplation of constitutional or statutory provision which makes such practice a condition of eligibility to a judicial office or forbids it by one holding a judicial position, 106 A.L.R. 508.
Propriety and permissibility of judge engaging in practice of law, 89 A.L.R.2d 886.
Validity and application of state statute prohibiting judge from practicing law, 17 A.L.R.4th 829.
Failed applicant's right of access to bar examination questions and answers, 57 A.L.R.4th 1212.
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