Qualifications for office constitutionally fixed cannot be changed by statute.

- Certain offices are created by the Constitution itself, and in certain cases the Constitution prescribes the qualifications which will prevent one from holding or being eligible to hold such office; and where the Constitution does fix the grounds of qualification and disqualification, the legislature cannot by statute take from or add to those grounds. Ray v. Hand, 225 Ga. 589, 170 S.E.2d 692 (1969).

This paragraph does not bar a person with the constitutional qualifications from seeking and assuming office. Ray v. Hand, 225 Ga. 589, 170 S.E.2d 692 (1969) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. II).

Age at time of election.

- The word "election" as it appears in this provision means the day votes are cast, not the day when they are finally tabulated and certified by the Secretary of State. Poythress v. Moses, 250 Ga. 452, 298 S.E.2d 480 (1983) (decided under Ga. Const. 1976, Art. VI, Sec. XIII, Para. I, relating to qualifications of appellate and superior court judges and other officials.)

Cited in Anderson v. Flake, 270 Ga. 141, 508 S.E.2d 650 (1998).

Editor's notes.

- In light of the similarity of the provisions, decisions under former Ga. Const. 1976, Art. VI, Sec. XIII, Para. I and antecedent provisions, which stated that a person must "have practice law" for specified periods before becoming eligible for service as a Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior court, are included in the annotations for this paragraph. The present provision requires one to have been "admitted to practice law" for a specified period.

The language "shall have practiced" means actual practice and, of course, contemplates lawful practice. Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

If an attorney never registers with nor pays any license fee to the State Bar, any practice of law which the attorney may have engaged in is unlawful and the attorney is ineligible for the office of district attorney. Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969).

Qualification of

§ 15-18-3 must be read in light of this paragraph. - The denial of eligibility to one "who has not been duly admitted and licensed to practice law in the superior courts for at least three years" under former Code 1933, § 24-2901 (see now O.C.G.A. § 15-18-3), must be read in light of the higher requirement of this paragraph. Wallace v. Wallace, 225 Ga. 102, 166 S.E.2d 718, cert. denied, 396 U.S. 939, 90 S. Ct. 369, 24 L. Ed. 2d 240 (1969) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. II).

Disbarment and cancellation of license to practice law separate proceedings.

- Where a lawyer is also a judge of the superior court and hence a constitutional officer and must have practiced law seven years at time of the lawyer's election and is prohibited from practicing law while serving as judge, the lawyer cannot at the same time be disbarred and the lawyer's license to practice law canceled as provided in the Rules and Regulations of the State Bar of Georgia. The two proceedings are provided for the accomplishment of entirely different results. Each must be pursued to accomplish the result which it is intended to accomplish. Gordon v. Clinkscales, 215 Ga. 843, 114 S.E.2d 15 (1960).

Supreme Court Justice candidate.

- An individual must be a member of the State Bar of Georgia in order to be qualified to run for office as a Justice of the Supreme Court of Georgia. Littlejohn v. Cleland, 251 Ga. 597, 308 S.E.2d 186 (1983).

Residency requirement.

- A state court judge must continue to maintain residency in the county from which the judge is elected in order to retain office and, if the judge fails to do so, then the office becomes vacant as a matter of law. 1995 Op. Att'y Gen. No. U95-6.

Seven-year practice of law requirement must be met by date of election.

- One running for office of judge of superior court must meet seven-year practice of law requirement by date of one's election to that office, rather than at time of oath of office. 1981 Op. Att'y Gen. No. 81-64.

Magistrates should be classified as county officials for purposes of social security reporting and contributions. 1986 Op. Att'y Gen. No. 86-9.

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 5 et seq.

C.J.S.

- 48A C.J.S., Judges, § 46 et seq.

ALR.

- Nonregistration as affecting one's qualification to hold public office, 128 A.L.R. 1117.

Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 A.L.R.3d 1048.

Validity and construction of constitutional or statutory provisions making legal knowledge or experience a condition of eligibility for judicial office, 71 A.L.R.3d 498.

Constitutional restrictions on nonattorney acting as judge in criminal proceeding, 71 A.L.R.3d 562.

Validity of age requirement for state public office, 90 A.L.R.3d 900.