GA Code § 15-1-9.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 1 - General Provisions|§ 15-1-9.1. Requesting Judicial Assistance From Other Courts

  As used in this Code section, the term:   "Administrative judge" means a superior court judge or senior judge of the superior court elected within an administrative district as provided by Code Section 15-5-4.   "Chief judge" means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned.   "Judge" includes Justices, judges, senior judges, magistrates, and every other such judicial officer of whatever name existing or created.   "Part-time judge" means a judge who serves on a continuing or periodic basis but who is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge.       If assistance is needed from a judge outside of the county, a superior court judge of this state or the chief judge of a class of courts other than an appellate court may make a request for judicial assistance in the court served by said requesting judge to the administrative judge of the judicial administrative district in which said requesting judge's court is located, if any of the following circumstances arises:   A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;   A judge of the requesting court is unable to preside because of disability, illness, or absence;   A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279; or   A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges.     If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if any of the following circumstances arises:   A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;   A judge of the requesting court is unable to preside because of disability, illness, or absence;   A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279;   A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or   A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.     When a petition for habeas corpus is filed challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.   In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.     A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court.However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section.     If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him.If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall request the administrative judge of the judicial administrative district within which district the court in need of assistance lies to assign another judge to hold the regular or special term of such court.However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court.   If a vacancy shall occur in the judicial office for which the Governor has had to request assistance from the administrative judge of the judicial administrative district in a situation wherein the conditions exist as provided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided by law.     The administrative judge of the district receiving a request for assistance shall designate a judge to preside as requested.The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court.The qualifications of residency within a particular political or geographic subdivision of the state shall not apply to a designated judge.The designation shall be made in writing and delivered to the judge requesting assistance.   The written designation shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought if applicable, and the reason that assistance is needed.The written designation shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the designation shall be written, filed, and recorded as is the original designation.   A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding.   The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts.   Senior judges of the superior courts, senior judges appointed pursuant to Code Section 15-1-9.3, part-time judges, and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by Code Section 15-1-9.2. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance.   The court reporter, support personnel, facilities, equipment, and supplies necessary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed.   In the event that the judge requesting assistance is a superior court judge other than a chief judge, then a copy of the assignment shall also be filed with the chief judge of the court to be assisted.   As an alternative to the other provisions of this Code section, any judge other than a superior court judge may, under the circumstances described in subparagraph (b)(1)(B) or (b)(1)(C) of this Code section, request judicial assistance from any other judge who is not a superior court judge and who is otherwise qualified; and the judge so requested may agree to so serve.When one judge serves in the court of another pursuant to this subsection, a written designation by the requesting judge shall be filed and recorded on the minutes in the same general manner as provided for in subsection (f) of this Code section and the provisions of subsection (h) of this Code section shall apply with respect to the payment of expenses.The provisions of this subsection are supplementary to the provisions of the other subsections of this Code section.   This Code section shall be supplementary to other laws relating to the authorization of replacement judges.   Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status.     (Code 1981, §15-1-9.1, enacted by Ga. L. 1983, p. 961, § 1; Ga. L. 1984, p. 22, § 15; Ga. L. 1985, p. 245, § 1; Ga. L. 1988, p. 1958, § 1; Ga. L. 1990, p. 8, § 15; Ga. L. 1990, p. 343, § 1; Ga. L. 1990, p. 497, § 1; Ga. L. 1990, p. 920, § 1; Ga. L. 1995, p. 381, § 7; Ga. L. 1996, p. 1231, § 1; Ga. L. 1998, p. 268, § 1; Ga. L. 2000, p. 421, § 1; Ga. L. 2008, p. 540, § 1/SB 11; Ga. L. 2008, p. 846, § 1/HB 1245.)   Cross references.   - Judges authorized to exercise power outside own court, Ga. Const. 1983, Art. VI, Sec. I, Para. III.    Retired state court judges providing judicial assistance, § 15-7-25.    Senior judges of superior courts, § 47-8-1 et seq.   Requests for assistance of senior judges, Ga. Unif. S. Ct. R. 18.2.   Request for judicial assignment, Ga. Unif. S. Ct. R. 44.2.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, paragraph (a)(3), as added by Ga. L. 1990, p. 920, § 1, was redesignated as paragraph (a)(4), since Ga. L. 1990, p. 497, § 1, also added a paragraph (a)(3).   Editor's notes.   - Ga. L. 1995, p. 381, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Death Penalty Habeas Corpus Reform Act of 1995'."   Law reviews.   - For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 18 (1995).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Authority of Court   Duration of Appointment   Other    OPINIONS OF THE ATTORNEY GENERAL   Part-time judges of magistrate court and part-time referees of juvenile court.    - Both part-time judges of the magistrate court and part-time referees of the juvenile court may be assigned to hear cases in the superior court so long as they meet the qualifications of judges of the superior court as provided in O.C.G.A. § 15-6-4. 1989 Op. Att'y Gen. No. U89-7.   "Judge" does not include administrative law judges.    - Term "judge" as used in O.C.G.A. § 15-1-9.1(a)(3) does not include administrative law judges or other quasi-judicial officers not within the judicial branch of government. 1992 Op. Att'y Gen. No. U92-16.   Assistance to state courts by replacement probate judge.    - Replacement probate judge appointed in good faith pursuant to O.C.G.A. § 15-9-13(a) may provide assistance to state courts so long as that individual satisfies the qualifications of judges of the state courts under O.C.G.A. § 15-7-21(a)(1), and the request for assistance complies with the terms specified by subsection (f) of O.C.G.A. § 15-1-9.1. 1994 Op. Att'y Gen. No. U94-12.   Appointment of superior court judge on retirement.    - Senior superior court judge, who is not being appointed in that senior judge capacity pursuant to O.C.G.A. § 15-1-9.1, may be appointed to serve as a part-time state-funded juvenile court judge and, so long as the hours worked annually do not exceed 1040 hours, there is no effect on the senior judge's retirement. 2000 Op. Atty. Gen. No. U2000-9.   Authority to set and amend bonds.    - Once the clerk of the superior court properly files an indictment or once a valid accusation is entered, the superior court has exclusive jurisdiction over the case, including all bond issues, unless the court invokes the court's authority to delegate jurisdiction to the magistrate court under subsection (e) of O.C.G.A. § 15-1-9.1 or O.C.G.A. § 17-6-1. 1997 Op. Att'y Gen. No. 97-19.