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Ga. Const. art. VI, § VII, ¶ III — Vacancies | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VI. JUDICIAL BRANCH

Paragraph III. Vacancies.

Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts.

Proposed amendment.

- Amendment of the Georgia Constitution proposed by Ga. L. 2018, p. 1130, § 1/HR 993, if ratified, would add a second sentence to read: "Vacancies in the state-wide business court shall be filled by appointment of the Governor, subject to approval as specified in subparagraph (b) of Paragraph (I) of this section."

1976 Constitution.

- Art. VI, Sec. II, Paras. III, VIII; Art. VI, Sec. III, Para. III.

Cross references.

- Filling of vacancies in public office generally, Ch. 5, T. 45, and § 45-12-50 et seq.

JUDICIAL DECISIONS

Judge appointed upon request for assistance.

- Judgment entered by a judge who was appointed by the chief county magistrate judge upon a request for "assistance" made by the superior court chief judge pursuant to O.C.G.A. § 15-1-9.1, was not void, even though the judge was appointed to fill a vacancy created by the resignation of a superior court judge, which vacancy should have been filled by the Governor. Dominguez v. Enterprise Leasing Co., 197 Ga. App. 664, 399 S.E.2d 269 (1990).

Quo warranto denied challenging appointment of judges.

- Trial court's denial of the challenger's petition for a writ of quo warranto was affirmed because the newly created positions on the Georgia Court of Appeals qualified as vacancies under Ga. Const. 1983, Art. VI, Sec. VII, Para. III; thus, the governor had the authority to appoint judges to the vacancies created by amended O.C.G.A. § 15-3-1(a). Clark v. Deal, 298 Ga. 893, 785 S.E.2d 524 (2016).

Six-month provision.

- Trial court erred in directing a county election superintendent to proceed with the primary and general elections for a judge and solicitor-general because the Governor's appointees would not have had six months to demonstrate their merit. Perdue v. Palmour, 278 Ga. 217, 600 S.E.2d 370 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Reelection of Supreme Court Justice appointed to fill vacancy.

- When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after their appointment. 1992 Op. Att'y Gen. No. U92-7.

Special election occurs when superior court judge has died and a successor is to be selected according to this paragraph and no call is necessary. 1970 Op. Att'y Gen. No. U70-144.(see Ga. Const. 1983, Art. VI, Sec. VII, Para. III).

State court solicitor.

- A person appointed to fill a vacancy created by the resignation of a state court solicitor may serve until January 1 of the year following the next general election which is more than six months after such person's appointment and, if elected in the general election next preceding that January 1 date, such person would begin to serve a new four-year term of office. 1990 Op. Att'y Gen. No. U90-17.