TITLE 36 LOCAL GOVERNMENT

Chapter 32 information not found

ARTICLE 1 GENERAL PROVISIONS

36-32-2.1. Removal of judges.

1. As used in this Code section, the term "judge" means an individual serving as an appointed municipal court judge.
2. 1. A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for:
      1. Willful misconduct in office;
      2. Willful and persistent failure to perform duties;
      3. Habitual intemperance;
      4. Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or
      5. Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
   2. A municipality may define in its charter further conduct that may lead to a judge's removal.
3. Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the municipal corporation. Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension.
4. If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated.
5. Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation is situated.
6. This Code section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges.
7. Any vacancy in a judgeship created by the removal of a judge pursuant to this Code section may be temporarily filled by the governing authority of the municipal corporation for a period not longer than 90 days by any individual qualified by law to serve as a municipal court judge. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2.
8. The provisions of this Code section shall expressly supersede any conflicting local law of this state; provided, however, that this Code section shall not apply to a local Act creating a municipal court for a consolidated government.

(Code 1981, §36-32-2.1, enacted by Ga. L. 2016, p. 367, § 2/HB 691.)