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
§ 47-8-64. Service as Superior Court Judge; Compensation
Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior court shall be compensated as provided for in Code Section 15-1-9.2 or as otherwise provided by laws enacted after July 1, 1989; and such compensation for such service shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.
(Ga. L. 1962, p. 547, §§ 1-3; Ga. L. 1970, p. 204, §§ 1-4; Ga. L. 1973, p. 911, § 4; Ga. L. 1976, p. 586, § 37; Ga. L. 1981, p. 1386, § 2; Ga. L. 1989, p. 832, § 2.)
Cross references.- Judge's exercise of judicial power in any court upon request of that court's judges, Ga. Const. 1983, Art. VI, Sec. I, Para. III.
Requesting judicial assistance from other courts generally, § 15-1-9.1.
JUDICIAL DECISIONS
Section follows Constitution and limits power of superior court judges to request temporary service only of superior court judges emeritus (now senior judges). Spurlin v. State, 222 Ga. 179, 149 S.E.2d 315 (1966).
Senior judge has authority to serve in superior court when the chief judge makes a timely oral request for the senior judge's services, this request is confirmed in writing, the senior judge is familiar with the case by virtue of having handled earlier proceedings, and the parties proceed without objection to the trial. Cheely v. State, 251 Ga. 685, 309 S.E.2d 128 (1983).
Senior judge cannot serve in superior court until called.
- Superior court judge emeritus (now senior judge) has no constitutional or statutory power to serve in a superior court until the judge is called upon to do so in the manner and way provided by law. Adams v. Payne, 219 Ga. 638, 135 S.E.2d 423 (1964).
Senior superior court judge service for disqualified judge.
- Senior superior court judges are not ineligible to serve in place of a disqualified judge simply because the disqualified judge cannot request the service of a designated senior judge. Shoemake v. Woodland Equities, Inc., 252 Ga. 389, 313 S.E.2d 689 (1984).
When presumed that senior judge unable to perform.
- When the hearing on a motion for new trial is held and ruled upon by the presiding judge of the superior court of the county when the case is tried, all parties being represented, and no objection is made as to the authority of the presiding judge, it will be presumed that the judge emeritus (now senior judge) was unable to perform such an act and that the presiding judge was authorized to hear and determine such a motion. State Hwy. Dep't v. Hilliard, 114 Ga. App. 328, 151 S.E.2d 491 (1966).
Cited in Morris v. Clark, 189 Ga. App. 228, 375 S.E.2d 616 (1989).
OPINIONS OF THE ATTORNEY GENERAL
Restrictions applied to retired superior court judges.
- It is reasonable to assume that restrictions similar to those applied to retired superior court judges would also be applicable to retired probate judges. 1981 Op. Att'y Gen. No. 81-79.
RESEARCH REFERENCES
Am. Jur. 2d.
- 46 Am. Jur. 2d, Judges, §§ 12, 19.
C.J.S.- 48A C.J.S., Judges, § 150 et seq.
