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2022 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 1 - General Provisions
§ 15-9-4. Additional Judicial Eligibility Requirements in Certain Counties

Universal Citation: GA Code § 15-9-4 (2022)
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  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. 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.

History. 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.

The 2018 amendment, effective July 1, 2018, substituted “individual” for “person” near the beginning of subsection (a).

The 2020 amendment, effective January 1, 2021, in subsection (b), substituted “individual” for “person”, substituted “years,” for “years and”, and added “, 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” at the end.

Law reviews.

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).

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