2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 8 - Superior Court Judges Retirement Fund of Georgia; Senior Judges (Emeritus)
Article 4 - Appointment as Senior Judge; Compensation and Duties
§ 47-8-60. Appointment to the Office of Senior Judge; Resignation From the Office of Superior Court Judge
The Governor shall appoint to the position of senior judge anyone eligible under this chapter who advises the Governor in writing that he desires to resign from the office of judge of the superior courts and accept appointment as a senior judge. Upon such appointment by the Governor and issuance of the commission by the Governor, the resignation shall automatically become effective.
(Ga. L. 1945, p. 362, § 3.)
OPINIONS OF THE ATTORNEY GENERAL
Must serve as superior court judge when appointed.
- Superior court judge must be serving as a judge at the time of appointment to the office of judge of the superior courts emeritus (now senior judge). 1976 Op. Att'y Gen. No. 76-1.
Two exceptions when superior court judgeship not prerequisite.- Superior court judge must be serving as such in order to apply for an appointment as judge of the superior courts emeritus (now senior judge); however, there are two exceptions to this rule: (1) a judge of the superior courts who is eligible for appointment as a judge of the superior courts emeritus (now senior judge), but who has not yet been so appointed, who is elected or appointed to, or qualifies for, an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, may assume such office of profit or trust, and the judge's right to appointment (the judge's eligibility) shall be suspended during the time the judge holds such office of profit or trust; and (2) any superior court judge who elects to extend retirement benefits to the judge's widow under the terms of the Superior Court Judges Retirement Fund is eligible for an appointment as a judge emeritus (now senior judge), whether or not the judge is holding office at the time of the judge's appointment by the Governor, assuming, of course, the judge has the requisite service. 1974 Op. Att'y Gen. No. 74-23.
RESEARCH REFERENCES
Am. Jur. 2d.
- 46 Am. Jur. 2d, Judges, § 7. 63C Am. Jur. 2d, Public Officers and Employees, § 81.
C.J.S.- 48A C.J.S., Judges, § 22 et seq.
