Title 15 — Courts

The entire state is divided into judicial circuits, in reference to the jurisdiction and sessions of the superior courts, as follows: (1) Alapaha Judicial Circuit, composed of the Counties of Atkinson, Berrien, Clinch, Cook, and Lanier; (2) Alcovy Judicial Circuit, composed of th…

Each of the judges of the superior courts shall discharge all the duties required of him by the Constitution and laws for the circuit for which he was elected or appointed and may also hold court and exercise other judicial functions for other circuits when permitted by law. Hist…

No agreement by a clerk to acquire services, supplies, or equipment authorized by this article that requires expenditure of county funds may be entered into unless the funds to be obligated are included in the budget of the county for the operation of the clerk’s office at the ti…

15-6-12. Judges’ jurisdiction coextensive with limits of state; authority when serving in other circuits. 15-6-13. Disqualified judge to procure replacement; failure as ground of impeachment. 15-6-14. Selection of replacement judge when disqualified judge fails to act. 15-6-15. Ass…

No judge of the superior courts shall have authority to perform any judicial act required of him by law when he is beyond the jurisdiction of this state. 242 History. — Orig. Code 1863, § 248; Code 1868, § 242; Code 1873, § 253; Code 1882, § 253; Civil Code 1895, § 4330; 15-6-17 …

(a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authoriti…

The regular terms of the superior and state courts shall continue until the commencement of the next regular term, at which time they shall stand adjourned. 247 History. — Ga. L. 1887, p. 58, § 1; Civil Code 1895, § 4346; Ga. L. 1896, p. 47, § 1; Ga. L. 1909, p. 97, § 1; Civil Co…

The judges of the superior courts may, in their discretion, hold special terms of court in any county within their respective circuits when the business requires it to close the dockets and may, in the exercise of a sound discretion, cause new juries to be drawn for the same or m…

(a) The judge may, during a term of court, adjourn the court to such time as he may think fit. (b) In case of unavoidable accidents, whereby the superior court in any county is not held at the time appointed for holding the same, the clerk of court shall adjourn the court from day…

Any judge of the superior courts may sign any document connected with the official duties of his office in any county comprising a part of his circuit, including all writs, orders, judgments, and warrants required to be signed by the judge. The document may be signed by the judge…

(a) Any contingent expenses incurred in holding any session of the superior court, including lights, fuel, stationery, rent, publication of grand jury presentments when ordered published, and similar items, such as taking down testimony in felony cases, etc., shall be paid out of…

(a) Each superior court judge is authorized to employ a secretary. (b) All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27. 261 History. — Ga. L. 1972, p. 617, § 1; Ga. L. 1975, p. …

Reserved. Repealed by Ga. L. 1997, p. 1335, § 2, effective July 1, 1997. Editor’s notes. — This Code section was based on Ga. L. 1975, p. 1506, § 4. 15-6-27. Procedure for hiring personnel employed by superior court judges; local supplements. (a) All state paid personnel employed…

(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4 and may be as provided in Code Section 15-6-29.1. The annual salary provided by Code Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 12 equal …

(a) Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay each superior court judge in such circuit an annual accountability court supplement of $6,000.00. Such su…

The terms of court for the superior courts for each of the judicial circuits shall commence as follows: (1) Alapaha Circuit: (A) Atkinson County — First Monday in April and October. (B) Berrien County — First Monday in February and August. (C) Clinch County — Third Monday in Marc…

(a) The judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any court in his or her judicial circuit other than the court in the county of th…

Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses of superior court judges, and other state paid personnel authorized by this …

Any other law to the contrary notwithstanding, the judges and senior judges of the superior courts of this state are authorized to accept and receive from funds appropriated for the operation of the superior courts to the extent not eligible for reimbursement from funds appropria…

The several judges of the superior courts may convene at the seat of government once each year, at such time as they or a majority of them may appoint, for the purpose of recommending to the General Assembly the establishment of uniform rules of practice throughout the several ci…

The sheriff shall have the right to select such bailiffs, with the approval of the court, as may be necessary to transact properly the business thereof. Whenever the public interests require it, the judge shall have the power to appoint such additional bailiffs as the judge deems…

(a) For the purposes of this Code section, ‘‘conviction’’ means any felony conviction of a person who is at least 17 years of age. (b) Within 30 days of any proceeding ending in a conviction, the superior court shall provide written notice of the conviction to the school superint…

(a) No individual shall be judge of the superior courts unless, at the time of his or her election, he or she has attained the age of 30 years, has been a citizen of the state for three years, has practiced law for seven years, and is a member in good standing with the State Bar …

Each judge of the superior courts shall be elected by the electors of the judicial circuit in which the judge is to serve. History. — Code 1981, § 15-6-4.1, enacted by Ga. L. 1987, p. 328, § 1. 15-6-5. Restrictions on practice of law.

Following their election, the judges of the superior courts are prohibited from practicing law in any of the courts of this state, provided that they may practice until their qualification in any case in which they may have been actually employed before their election. They are al…

(a) The Superior Court Clerks Training Council is established. The council shall consist of nine voting members and three nonvoting members and shall be composed as follows: (1) Nine voting members shall be elected to terms of four years by the members of the Superior Court Clerk…

(a) There is created a superior court clerks’ council to be known as ‘‘The Council of Superior Court Clerks of Georgia.’’ The council shall be composed of the clerks of the superior courts of this state. The council is authorized to organize itself and to develop a constitution a…

The clerk of superior court shall be eligible to hold the office of clerk of the municipal, state, or other court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law. 278 History. — Ga. L. 1893, p. 106, § 1; Civil Code 1895, § …

15-6-53. Appointment of clerk; actions by interim clerk; special elections. 15-6-54. Appointment by probate judge pending filling of vacancy; duration of appointment [Repealed]. 15-6-55. Emergency service by probate court judge; appointment of interim deputy clerk. 15-6-56. Electi…

Should any two or more candidates at an election to fill a vacancy in the office of superior court clerk, or at a regular election, have the highest and an equal number of votes, the judge of the probate court shall set a date and advertise another election in the manner prescribe…

(a) The clerks of superior courts, before entering upon the discharge of their duties, whether appointed, elected, or acting by operation of law besides the oath required of all civil officers, must take and subscribe to the following oath: 282 15-6-59 ‘‘I do swear or affirm that…

(a) The clerk of each of the superior courts shall execute bond in the sum of $150,000.00, which amount may be increased in any county by local Act or by an ordinance or resolution of the governing authority. (b) The clerks of superior courts shall have the power to appoint a dep…

Before entering on the duties of their office, superior court judges must take the oath required of all civil officers and in addition they must take the following oath: ‘‘I swear that I will administer justice without respect to person and do equal rights to the poor and the ric…

The clerks of the superior courts have authority: (1) To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer; (2) To receive the amounts of all costs due in the court of which they are clerks and to recei…

(a) It is the duty of a clerk of superior court: (1) To keep the clerk’s office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court through the performance of the …

(a) The clerk of superior court is required to record all the proceedings relating to any civil action or criminal case within six months after the final determination of the case. Such recording may be in well-bound books, on microfilm, or in digital format. If a clerk elects to r…

(a) As used in this Code section, the term: (1) ‘‘Authority’’ means the Georgia Superior Court Clerks’ Cooperative Authority. (2) ‘‘Back-up record’’ means an electronic copy of any record that a clerk of superior court is required to create pursuant to Code Sections 15-6-61 and 1…

All civil cases pending in the superior court shall be entered by the clerk thereof on the civil docket as provided in Code Section 15-6-61 and shall stand for trial in the order in which they came into court except as otherwise provided by law. History. — Laws 1799, Cobb’s 1851 …

(a) The clerk of superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card 303 15-6-67 index, or a microfilm record, an electronic data base, or an electronic, computer-based document management system, or any combinat…

(a) As used in this Code section, the term: (1) ‘‘Condominium plan’’ means a drawing that is required to be recorded prior to the first conveyance of a condominium unit pursuant to subsection (b) of Code Section 44-3-83, including, but not limited to, a condominium floor plan, cond…

(a) The clerk of each superior court shall provide books, binders, or any other alternative system, either manual or electronic, for providing public access to maps, plats, and plans. (b) The clerk of superior court shall provide an electronic, computer-based indexing system in w…

(a) Failure to meet the requirements of Code Sections 15-6-67 and 15-6-68 or the recording of an improper plat by the clerk shall not, in and of itself, affect or invalidate any legal description or legal instrument based on such plat. (b) Nothing in Code Sections 15-6-67 and 15-…

A person who has been elected a judge of the superior courts of any circuit cannot be deprived of his office by attachment of the county in which he resides to a different judicial circuit; such person may continue to discharge the duties of his office as though he resided in the…

15-6-73. Destruction of obsolete records. 15-6-74. Preservation of newspapers containing advertisements. 15-6-75. Investment of certain funds; disposition of income; repeal of Code section [Repealed]. 15-6-76. Deposit of funds in interest-bearing account; repeal of Code section […

(a) Clerks of superior court shall be authorized, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, …

(a) The clerk of superior court is required to procure and preserve for public inspection a complete file of all newspaper issues in which legal advertisements are published. (b) The issues of the newspapers so preserved shall be bound, microfilmed, photographed, or digitally image…

(a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. (b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect…

Reserved. Repealed by Ga. L. 2012, p. 173, § 1-17/HB 665, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1950, p. 175, § 1. 15-6-80. Payment of transcript costs to clerk before transmittal.

The superior courts have authority: (1) To exercise original, exclusive, or concurrent jurisdiction, as the case may be, of all causes, both civil and criminal, granted to them by the Constitution and laws; (2) To exercise the powers of a court of equity; (3) To exercise appellat…

In all cases certified to the appellate courts, the costs for preparing the transcript of the record shall be paid by the appellant to the clerk before the same is transmitted unless the judge presiding over the case being appealed approves an affidavit submitted to the judge by t…