2020 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 1 - General Provisions
§ 15-9-4. (For Effective Date, See note.) Additional Judicial Eligibility Requirements in Certain Counties

1. No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law.
2. (For effective date, see note.) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no individual shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years, has been admitted to practice law for seven years preceding election, is a member in good standing with the State Bar of Georgia, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
3. A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court.

(Code 1933, § 24-1711.1, enacted by Ga. L. 1953, Jan.-Feb. Sess., p. 2739, §§ 1, 2, 2A; Ga. L. 1959, p. 358, § 1; Ga. L. 1971, p. 3065, § 1; Ga. L. 1979, p. 954, § 1; Ga. L. 1986, p. 1581, § 1; Ga. L. 1987, p. 406, § 1; Ga. L. 1994, p. 1665, § 1; Ga. L. 2002, p. 811, § 1; Ga. L. 2009, p. 827, § 2/HB 495; Ga. L. 2012, p. 683, § 1/HB 534; Ga. L. 2018, p. 356, § 1-5/SB 436; Ga. L. 2020, p. 377, § 2-14/HB 865.)

- For article, "The Selection and Tenure of Judges," see 2 Ga. St. B. J. 281 (1966). For annual survey article on legal ethics, see 52 Mercer L. Rev. 323 (2000).

Cited in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973); Mathews v. Gibbs, 238 Ga. 680, 235 S.E.2d 3 (1977); Waters v. Stewart, 263 Ga. App. 195, 587 S.E.2d 307 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Additional requirements apply to all, unless grandfathered in.

- Additional eligibility requirements applicable to the office of judge of the probate court in counties having a population of 96,000 persons or more according to the most recent decennial census apply to all candidates for the office, including incumbents, as of the first election following the effective date of the applicable census, except for those incumbents who held office on July 1, 1994, and remained continually in office, as such incumbents are "grandfathered in" and may continue in office and to seek reelection as long as the incumbents are otherwise qualified. 2002 Op. Att'y Gen. No. U2002-3.

- Probate judge serving in a county subject to the requirements of O.C.G.A. § 15-9-4 must have been admitted to the practice of law and be a member of the Georgia Bar for seven years prior to his or her election. 2008 Op. Att'y Gen. No. U2008-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 5 et seq.

Proof of Waiver of Attorney-Client Privilege, 32 POF3d 189.

- 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.