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Call Now: 904-383-7448(a) Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
(b) (1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Judicial Qualifications Commission. The commission shall, subject to subparagraph (b)(2) of this Paragraph, review the indictment, and, if it determines that the indictment relates to and adversely affects the administration of the office of the indicted judge and that the rights and interests of the public are adversely affected thereby, the commission shall suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until initial conviction by the trial court, the judge shall continue to receive the compensation from his office. After initial conviction by the trial court, the judge shall not be entitled to receive the compensation from his office. If the judge is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof.
(2) The commission shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the commission. During this period of time, the indicted judge may, in writing, authorize the commission to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this subparagraph for a nonvoluntary suspension.
(3) After any suspension is imposed under this subparagraph, the suspended judge may petition the commission for a review. If the commission determines that the judge should no longer be suspended, he shall immediately be reinstated to office.
(4) (A) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose.
(B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law.
(5) The provisions of this subparagraph shall not apply to any indictment handed down prior to January 1, 1985.
(6) If a judge who is suspended from office under the provisions of this subparagraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office. The judge shall not be reinstated under this provision if he is not so tried based on a continuance granted upon a motion made only by the defendant.
(c) Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subparagraph (b) of this Paragraph, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subparagraph, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this subparagraph shall not apply to any conviction rendered prior to January 1, 1987.
(Ga. Const. 1983, Art. 6, § 7, Para. 7; Ga. L. 1984, p. 1722, § 1/SR 267; Ga. L. 1986, p. 1619, §§ 1, 2/HR 506; Ga. L. 2016, p. 896, § 2/HR 1113.)
- Art. VI, Sec. VII, Para. III; Art. VI, Sec. XIII, Para. III.
- Code of ethics for government service, § 45-10-1.
Rules of the Judicial Qualifications Commission.
- The constitutional amendment (Ga. L. 1984, p. 1722, § 1) which designated the previously undesignated language of this Paragraph as subparagraph (a) and added subparagraph (b) was approved by a majority of the qualified voters voting at the general election held on November 6, 1984.
The constitutional amendment (Ga. L. 1986, p. 1619, §§ 1, 2) which revised division (1) of subparagraph (b) by substituting "mistrial conviction by the trial court" for "final conviction" in the fourth sentence and adding the present fifth and sixth sentences, and which added subparagraph (c), was approved by a majority of the qualified voters voting at the general election held on November 4, 1986.
The constitutional amendment (Ga. L. 2016, p. 896, § 2/HR 1113), which revised subparagraph (4) of subparagraph (b) by designating the first sentence as subparagraph (A), and designating the second sentence as subparagraph (B) and adding "except as provided by the General Assembly by general law" at the end, was ratified at the general election held on November 8, 2016.
- Language "conduct prejudicial to the administration of justice which brings the judicial office into disrepute" in this section is not so vague and overbroad as to deny respondent equal protection and due process. In re Judge No. 491, 249 Ga. 30, 287 S.E.2d 2 (1982) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. VII).
- Under this paragraph, the Judicial Qualifications Commission cannot be restricted by legislative Act from considering any conduct of judicial officer which reflects on question they are called upon to decide, i.e., does such conduct bring judicial office into disrepute. In re Judge No. 491, 249 Ga. 30, 287 S.E.2d 2 (1982) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. VII).
- udicial Qualifications Commission's authority was limited to disciplining individual judges. Ga. Const. 1983, Art. VI, Sec. VII, Para. VI and VII, and did not extend to dictating whether the Georgia Council of State Court Judges could file an amicus brief in pending litigation; the Council was permitted to file such briefs pursuant to its duties and authority under Ga. Const. 1983, Art. VI, Sec. IX, Para. I, and O.C.G.A. § 15-7-26(b), although individual judges generally could not. In re Judicial Qualifications Comm'n Formal Advisory Opinion No. 241, 301 Ga. 54, 799 S.E.2d 781 (2017).
- Judge who enters plea of nolo contendere to crime involving moral turpitude is guilty of conduct which brings judicial office into disrepute. This is so even though question of guilt is not formally adjudicated by such plea. In re Judge No. 491, 249 Ga. 30, 287 S.E.2d 2 (1982).
- Consideration by Judicial Qualifications Commission of judge's nolo contendere plea to a felony involving moral turpitude, pursuant to this paragraph, is not a denial of equal protection and due process to defendant under either state or federal constitutions. In re Judge No. 491, 249 Ga. 30, 287 S.E.2d 2 (1982) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. VII).
Coroners are not "judges" within the meaning of that term as it is used in this Paragraph. In re Smith, 259 Ga. 831, 388 S.E.2d 683 (1990) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. VII).
- By the adoption of the Code of Judicial Conduct, Canon 7.A.(3), the Supreme Court has resolved that a judge seeking a nonjudicial office without resigning judicial office thereby is guilty of conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Such a determination is an exercise of the express power relative to removal as contained in Ga. Const. 1976, Art. VI, Sec. XIII, Para. III (see Ga. Const. 1983, Art. VI, Sec. VII, Paras. VI-VIII), as well as within the inherent power of the Supreme Court by virtue of its creation by the Constitution, and, the delegation to it of constitutional responsibilities. In re Inquiry Concerning Judge No. 591, 250 Ga. 796, 300 S.E.2d 807 (1983).
- The 1976 Constitution which assigned duties and vested powers, express and inherent, in the Supreme Court, provided (in former Ga. Const. 1976, Art. III, Sec. V, Para. VII, now Ga. Const. 1983, Art. III, Sec. II, Para. IV) that justices of the peace, unlike other public officers, are not prohibited from serving in the General Assembly. Thus, a justice of the peace who was a candidate for the office of state senator, being constitutionally empowered to seek election to the General Assembly while serving as a justice of the peace, could not be disciplined for the exercise of that power, despite the Code of Judicial Conduct, Canon 7.A.(3). In re Inquiry Concerning Judge No. 591, 250 Ga. 796, 300 S.E.2d 807 (1983).
- The Supreme Court possesses the authority to regulate the conduct of judges - including conduct during judicial elections. Accordingly, the court had the authority to promulgate and enforce former Canon 7 B(2), Code of Jud. Cond. (1974), which provided: "A candidate's committees may solicit funds for his campaign no earlier than six (6) months before a primary election and no later than the date of the last election in which he participates during the election year." Judicial Qualifications Comm'n v. Lowenstein, 252 Ga. 432, 314 S.E.2d 107 (1984).
- Although a petition filed by a council of state court judges seeking review of the Judicial Qualifications Commission's (JQC) formal advisory opinion regarding public access to courtrooms presented no justiciable controversy, the court had authority to review the opinion; Ga. Const. 1983, Art. VI, Sec. VII, Para. VII(a), vested the court with the authority to adopt rules for the JQC, and JQC Rule 22(b) required the JQC to reconsider its formal advisory opinions at the court's request. In re Judicial Qualifications Comm'n Formal Advisory Opinion No. 239, 300 Ga. 291, 794 S.E.2d 631 (2016).
- Probate judge who told criminal defendants they had the burden of proving their innocence, who allowed defendants to "buy out" their community service sentences and kept the proceeds in a bank account that the judge controlled, participated in ex parte communications, insulted and abused parties in the judge's court, and disposed of cases outside the jurisdiction of the probate court, was found in violation of Ga. Code Jud. Conduct Canons 1, 2, and 3, Ga. Const. 1983, Art. VI, Sec. VII, Para. VII(a), and O.C.G.A. §§ 16-10-32 and40-13-26, was removed from office and barred from seeking judicial office again. Inquiry Concerning Fowler, 287 Ga. 467, 696 S.E.2d 644 (2010).
- Magistrate court judge was permanently removed from office, pursuant to Ga. Const. 1983, Art. VI, Sec. VII, Para. VII(a), for violating Ga. Code Jud. Conduct Canons 1-3 by using illegal drugs, forcibly kicking in doors at a man's home at the request of a relative, pulling out a gun in front of at least one colleague, and refusing to work assigned hours. Inquiry Concerning Judge (Peters), 289 Ga. 633, 715 S.E.2d 56 (2011).
Cited in In re Inquiry Concerning a Judge, 265 Ga. 843, 462 S.E.2d 728 (1995); DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).
- 46 Am. Jur. 2d, Judges, § 16 et seq.
- 48A C.J.S., Judges, § 228 et seq.
- Power of court to remove or suspend judge, 53 A.L.R.3d 882.
Postretirement out-of-court communications between jurors and trial judge as grounds for new trial or reversal in criminal case, 43 A.L.R.4th 410.
Abuse or misuse of contempt power as ground for removal or discipline of judge, 76 A.L.R.4th 982.
Disciplinary action against judge for engaging in ex parte communication with attorney, party, or witness, 82 A.L.R.4th 567.
Disciplinary action against judge on ground of abusive or intemperate language or conduct toward attorneys, court personnel, or parties to or witnesses in actions, and the like, 89 A.L.R.4th 278.