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Ga. Const. art. VI, § X, ¶ II — Continuation of judges | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VI. JUDICIAL BRANCH

Paragraph II. Continuation of judges.

Each judge holding office on the effective date of this article shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction. Each court not named herein shall cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.

1976 Constitution.

- There were no similar provisions in the 1976 Constitution.

Cross references.

- Effective date of Constitution, Ga. Const. 1983, Art. XI, Sec. I, Para. VI.

JUDICIAL DECISIONS

Cited in Porter v. Calhoun County Bd. of Comm'rs, 252 Ga. 446, 314 S.E.2d 649 (1984).

OPINIONS OF THE ATTORNEY GENERAL

Term "judge" includes a justice of the peace who becomes a magistrate because magistrate courts replace justice courts and magistrate courts are included within the courts described in Ga. Const. 1983, Art. VI, Sec. X, Para. II. 1983 Op. Att'y Gen. No. 83-53.

Unless justice uncertified.

- A justice of the peace in office on June 30, 1983, who was not certified under the former Georgia Justice Courts Training Council Act as of that date, did not become a magistrate of the successor court on July 1, 1983. 1983 Op. Att'y Gen. No. 83-53.

Magistrate assuming office serves original term.

- A magistrate assuming office on July 1, 1983, by virtue of the magistrate's previous position serves a term as magistrate identical to the original term of the magistrate's former judicial office. 1983 Op. Att'y Gen. No. 83-59.