reglab/housing_qa huggingface dataset:
GA Code § 15-9-141 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 7 - Probate Court Judges|§ 15-9-141. Retired Judges; Senior Judge Appointment; Written Request for Assistance

    Any judge of a probate court who retires pursuant to the provisions of Chapter 11 of Title 47 may be appointed a senior judge of the probate courts.   Any judge of a probate court, whether or not said judge is a member of the retirement fund created by Chapter 11 of Title 47, who ceases holding office as a judge and who has at least eight years of service as a judge of a probate court at the time of ceasing to hold such office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge of the probate courts.     Upon becoming eligible for appointment pursuant to the provisions of this Code section, a judge who ceases to hold office may become a senior judge of the probate courts and in that capacity may be called upon to serve as a judge in any probate court in which the judge is otherwise qualified to serve.   Any qualified former judge of a probate court may petition the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge of the probate courts.   The judge of any probate court of this state may make a written request for assistance to a senior judge of the probate courts. The request by the judge may be made if one of the following circumstances arise:   The judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; or   The judge of the requesting court is unable to preside because of disability, illness, absence, or any reason.     The compensation of a senior judge of the probate courts serving as a judge of a probate court under this Code section shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge of the probate courts shall receive actual expenses or, at such judge's option, in the event of service outside the county of such judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge of the probate courts as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge.     (Code 1981, §15-9-141, enacted by Ga. L. 2000, p. 838, § 3; Ga. L. 2001, p. 4, § 15.)   RESEARCH REFERENCES   ALR.   - Construction and validity of state provisions governing designation of substitute, pro tempore, or special judge, 97 A.L.R.5th 537.
GA Code § 15-9-150 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-150. Requesting District Attorney to Prosecute Criminal Cases; Creation of Prosecuting Attorney Position by Ordinance or Resolution; Appointment of Prosecuting Attorney

  In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court may be compensated in an amount to be fixed by the governing authority of the county.   If for any reason the district attorney is unable to assist the probate court, he or she shall notify the probate court in writing, and the governing authority of the county, in its discretion, shall be authorized to create by ordinance or resolution the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney, who shall have the authority to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.   It shall be the duty of the probate court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a probate court within 30 days of such appointment.   Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve at the pleasure of the governing authority of such county.     (Code 1981, §15-9-150, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Courts, § 14.
GA Code § 15-9-151 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-151. Qualifications of Prosecuting Attorney; Appointment of Assistant District Attorneys

  Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section 15-9-150 shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state.   Notwithstanding the provisions of subsection (a) of Code Section 15-18-21, an assistant district attorney may be appointed as the prosecuting attorney of a probate court when:   The district attorney who employs such assistant district attorney consents to such appointment; and   If such assistant district attorney is not employed in the judicial circuit in which the probate court is located, the district attorney for the judicial circuit in which the probate court is located consents to such appointment.     A district attorney may withdraw consent for an assistant district attorney's appointment pursuant to subsection (b) of this Code section at any time, provided that the probate court and the governing authority of the county in which such probate court is located is given notice not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of the probate court.     (Code 1981, §15-9-151, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-152 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-152. Oath of Office

  In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate court shall take and subscribe to the following oath: "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as prosecuting attorney for the Probate Court of (here state the county) County."   The oath shall be administered and attested by the judge of the probate court of such county as provided in Code Section 45-3-3 and filed as provided in Code Section 45-3-5.     (Code 1981, §15-9-152, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-153 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-153. Determining if Prosecuting Attorney Shall Be Full Time or Part Time; Limitations on Private Practice of Law

  Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney.   Any full-time prosecuting attorney of a probate court and any full-time employees of the prosecuting attorney of a probate court shall not engage in the private practice of law.   Any part-time prosecuting attorney of a probate court and any part-time assistant prosecuting attorney of a probate court may engage in the private practice of law, but shall not practice in the probate court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. A prosecuting attorney of a probate court and any assistant prosecuting attorney of a probate court shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state.     (Code 1981, §15-9-153, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-154 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-154. Disqualification of Prosecuting Attorney

 If the prosecuting attorney of a probate court is disqualified by interest or relationship from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the district attorney of such judicial circuit may prosecute such case. If the district attorney is to prosecute such case, the provisions of Code Section 15-18-5 shall apply.    (Code 1981, §15-9-154, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-156 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-156. Compensation; Reimbursement of Expenses

 The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate court shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other county employees.    (Code 1981, §15-9-156, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-157 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-157. Additional Assistant Prosecuting Attorneys, Employees, or Independent Contractors; Duties; Compensation

 The prosecuting attorney of a probate court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The prosecuting attorney of a probate court shall define the duties and fix the title of any attorney or other employee of the prosecuting attorney's office. Personnel employed pursuant to this Code section shall be compensated by the county.    (Code 1981, §15-9-157, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-9-158 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court|§ 15-9-158. Qualifications of Assistant Prosecuting Attorneys; Assistance by Qualified Law Student or Law School Graduate

  Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia.   A qualified law student or law school graduate who is allowed to practice pursuant to Code Section 15-18-22 or the Supreme Court of Georgia's rules governing such practice may assist in the prosecution of cases in the probate court.     (Code 1981, §15-9-158, enacted by Ga. L. 2013, p. 565, § 1/SB 120.)
GA Code § 15-10-1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-1. Creation of Magistrate Courts

 There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of ____________ County.    (Code 1981, §15-10-1, enacted by Ga. L. 1983, p. 884, § 2-1.)   OPINIONS OF THE ATTORNEY GENERAL   Magistrate could not hold office while seeking election to city council.   - 1983 Op. Att'y Gen. No. U83-55, which stated that there was no statutory, constitutional, nor common-law prohibition against a person simultaneously holding the offices of magistrate and city councilman, was issued prior to the ratification of Ga. Const. 1983, Art. II, Sec. II, Para. V, which provides that the test for simultaneously holding two offices is specific authorization, rather than prohibition; since there is no law specifically authorizing a person to simultaneously hold the offices of magistrate and city councilman, a chief magistrate could not hold office as chief magistrate while seeking election to the city council. 1985 Op. Att'y Gen. No. U85-41.
GA Code § 15-10-2.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-2.1. Jurisdiction Over Certain Cases Involving Litter

  Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.   A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.     (Code 1981, §15-10-2.1, enacted by Ga. L. 2006, p. 275, § 3-6/HB 1320.)   Editor's notes.   - This Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1. The Code section continued, until July 1, 1985, the jurisdiction of those magistrate courts which as of June 30, 1983, had jurisdiction over misdemeanor cases and over enforcement of municipal ordinances. Subsection (b) of the Code section provided for its repeal effective July 1, 1985, but provided that any case in which a court assumed jurisdiction under the Code section prior to July 1, 1985, may be retained for disposition by that court after that date.    Ga. L. 1985, p. 352, § 1, repealed former Code Section15-10-2.1, pertaining to continuation of certain existing magistrate courts. The former Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1.   Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.   Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'
GA Code § 15-10-3 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-3. Oath and Commission of Magistrate, Constable, and Clerk

  All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 45-3-1 and 45-3-13 and the following oath:  "I swear or affirm that I will duly and faithfully perform all the duties required of me as (magistrate, constable, or clerk of magistrate court) of ____________ County."      The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court.   In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.   All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State.     In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sheriff's deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as probate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such.     (Code 1981, §15-10-3, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 1; Ga. L. 1987, p. 398, § 1.)
GA Code § 15-10-4 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-4. Sessions of Court

 The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient.    (Code 1981, §15-10-4, enacted by Ga. L. 1983, p. 884, § 2-1.)   Cross references.   - Hours of magistrate court operation, Uniform Rules for the Magistrate Courts, Rule 3.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarities of the statutory provisions, decisions under former Code 1933, § 24-601 are included in the annotations for this Code section.   Availability of certiorari if judgment rendered at illegal place.    - Judgment of the justice of the peace, void because rendered at some place other than the regular place of holding the court, may be attacked by affidavit of illegality in a proper case, but a writ of certiorari will not lie to such judgment. Courson v. Land, 54 Ga. App. 534, 188 S.E. 360 (1936) (decided under former Code 1933, § 24-601).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-601, 24-901, and 24-903 are included in the annotations for this Code section.    Office must be open for sufficient periods  to perform duties required by law. 1983 Op. Att'y Gen. No. 83-59.    Justice of the peace has no authority to change time  for holding court without legislative sanction and any judgments rendered at times or places other than those fixed by law are void. 1965-66 Op. Att'y Gen. No. 65-34 (decided under former Code 1933, § 24-901).   Justice of the peace may not change time of holding court without posting public notice. 1948-49 Op. Att'y Gen. p. 53 (decided under former Code 1933, § 24-901).   No jurisdiction outside own district.   - Justice of the peace is required to hold court and to maintain the justice's office within the justice's district; the justice does not have jurisdiction of the person or of the subject matter in any trial held outside such district. 1970 Op. Att'y Gen. No. U70-44 (decided under former Code 1933, §§ 24-601 and 24-903).
GA Code § 15-10-5 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-5. Offices, Courtrooms, and Equipment

 The county governing authority shall provide suitable offices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court.    (Code 1981, §15-10-5, enacted by Ga. L. 1983, p. 884, § 2-1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-602 and 24-904 are included in the annotations for this Code section.   Splitting compensation into salary and expenses of court improper.    - Method of simply "splitting" the compensation of a small claims court judge/magistrate into separate payments for "salary" and "expenses" would not comport with O.C.G.A. §§ 15-10-5 and15-10-23. 1983 Op. Att'y Gen. No. U83-39.   Counties required to furnish dockets and forms.   - Counties are not required to furnish justices of the peace everything justices may need in the performance of their duties; however, counties are required to furnish justices of the peace and constables with dockets and necessary forms used for process and service by the justices. 1957 Op. Att'y Gen. p. 33 (decided under former Code 1933, § 24-602).   Words "necessary furniture and other materials" construed broadly.   - Phrase "necessary furniture and other materials necessary for the conduct of such courts" is a very broad and comprehensive coverage of furniture and materials which would necessarily cover writing instruments such as pens, ink, pencils, and, if the volume of business required it, may include a typewriter which is merely a mechanical improvement upon the other writing devices. 1952-53 Op. Att'y Gen. p. 313 (decided under former Code 1933, § 24-904).    County governing authority is responsible for all expenses necessary  for a small claims/magistrate court's operation, distinct from the compensation paid to the individual magistrates. 1983 Op. Att'y Gen. No. U83-39.    Magistrate's offices must be open for sufficient periods  to perform duties required by law. 1983 Op. Att'y Gen. No. 83-59.
GA Code § 15-10-6 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 1 - General Provisions|§ 15-10-6. Local Court Rules

 The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court.    (Code 1981, §15-10-6, enacted by Ga. L. 1983, p. 884, § 2-1.)   Cross references.   - Authority of magistrate courts to enact local rules, Uniform Rules for the Magistrate Courts, Rule 1.2.