Constitutionality.

- Even though the position of senior judge is not an elected one, Ga. Const. 1983, Art. VI, Sec. I, Par. III allows a senior judge to exercise judicial power in the superior courts when the assistance of a senior judge is necessary. O.C.G.A. §§ 15-1-9.2 and47-8-61 are simply the statutory enactments pursuant to the constitution. Smith v. Langford, 271 Ga. 221, 518 S.E.2d 884 (1999).

There is no merit to the argument that the authorization for the service of senior judges conflicts with Ga. Const. 1983, Art. VI, Sec. I, Par. I, vesting judicial power in designated courts, because creation of the position of senior judge does not establish a separate judicial forum. Smith v. Langford, 271 Ga. 221, 518 S.E.2d 884 (1999).

Prohibition on practice of law limited to federal courts.

- Those judges who have become senior judges under the 1945 Superior Court Judges Retirement Fund Act (O.C.G.A. § 47-8-1 et seq.), or who are eligible to become senior judges under that Act, are not prohibited from practicing law; those judges are only prohibited by the Act from practicing law in the federal courts. State v. McMillan, 253 Ga. 154, 319 S.E.2d 1 (1984).

Prohibition on practice of law unconstitutional.

- Prohibition in O.C.G.A. § 47-8-61 on senior judges retired under the 1945 Act from "practicing as attorneys, proctors, or solicitors in any court of the United States" is a violation of the due process rights of such judges and is of no force and effect. State v. McMillan, 253 Ga. 154, 319 S.E.2d 1 (1984).

Governor's order to determine "any and all" cases unauthorized.

- An order of the Governor that a judge emeritus (now senior judge) hear and determine "any and all other cases which may be pending" and "any and all other cases which may properly come before said court for disposition" is manifestly unauthorized by law, and hence confers no authority upon the judge to hear and determine such cases. Trammell v. Trammell, 220 Ga. 293, 138 S.E.2d 562 (1964).

Senior judge unauthorized to certify bill of exceptions.

- Because a superior court judge emeritus (now senior judge) had not been granted constitutional or statutory authority to serve as a superior court judge, except when the Governor was authorized to call upon the judge to do so, or the judge was selected to serve as such in a civil case under the provisions of former Code 1933, §§ 24-2623, 2624, 2625, and 2626 (see O.C.G.A. §§ 15-6-13 and15-6-14), it necessarily followed that a superior court judge emeritus (now senior judge) not within these exceptions was wholly without the jurisdiction or power to certify a bill of exceptions (now abolished) in a case tried by a superior court judge. Chambers v. Wynn, 217 Ga. 381, 122 S.E.2d 571 (1961).

Restrictions applied to retired superior court judges.

- It is reasonable to assume that restrictions similar to those applied to retired superior court judges would also be applicable to retired probate judges. 1981 Op. Att'y Gen. No. 81-79.

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, §§ 9 et seq., 19, 47 et seq.

C.J.S.

- 48A C.J.S., Judges, § 22 et seq.

ALR.

- 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.