reglab/housing_qa huggingface dataset:
GA Code § 15-7-84 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 7 - State Courts of Counties|Article 5 - Municipal Court Services|§ 15-7-84. Violation of Municipal Ordinances

 Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishment imposed shall not exceed a fine of $1,000.00 or six months' imprisonment or both, unless some other general law authorizes greater punishment.Other charter provisions not in conflict with this article shall continue to apply in municipal courts operated under this article.    (Code 1981, §15-7-84, enacted by Ga. L. 1992, p. 1161, § 1.)
GA Code § 15-7-85 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 7 - State Courts of Counties|Article 5 - Municipal Court Services|§ 15-7-85. Limitations on Authority Granted to Municipalities

  Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to:   A municipality whose charter does not authorize a municipal court;   A municipality whose charter provides for the election, as judge or judges and not as members of the municipal governing authority, of the judge or judges of a court having jurisdiction over municipal ordinance violations; or   A municipality whose charter expressly provides that the municipality shall not have the authority granted by this article.     The authority granted to municipalities by this article shall, notwithstanding the provisions of subsection (a) of this Code section, apply to any municipality if as of June 30, 1983, jurisdiction over violation of its ordinances was by law vested in a state court in existence on that date.     (Code 1981, §15-7-85, enacted by Ga. L. 1992, p. 1161, § 1.)
GA Code § 15-9-1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-1. Election; Term

 The judges of the probate courts are elected by the people of their respective counties at the time and in the manner prescribed by law. They shall hold their offices for four years and until their successors are elected and qualified, unless sooner removed. Their terms shall begin on January 1 and expire on January 1 four years next thereafter.   (Orig. Code 1863, § 295; Code 1868, § 355; Ga. L. 1872, p. 81, § 7; Code 1873, § 319; Code 1882, § 319; Civil Code 1895, § 4219; Civil Code 1910, § 4777; Code 1933, § 24-1702.)   Cross references.   - Election and term of office, Ga. Const. 1983, Art. VI, Sec. VII, Para. I.   Law reviews.   - For article, "The Selection and Tenure of Judges," see 2 Ga. St. B. J. 281 (1966). For article, "Timber! - Falling Tree Liability in Georgia," see 10 Ga. St. B. J. 10 (2004).   JUDICIAL DECISIONS   Unqualified voter not eligible for office of probate judge.    - Under application of the provisions of the Constitution and laws of Georgia, a person who is not a qualified voter is not eligible for the office of ordinary (now probate judge) of a county. Lee v. Byrd, 169 Ga. 622, 151 S.E. 28 (1929).    Cited in Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Montgomery v. Montgomery, 287 Ga. App. 77, 650 S.E.2d 754 (2007).   RESEARCH REFERENCES   C.J.S.   - 48A C.J.S., Judges, § 13 et seq.
GA Code § 15-9-3 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-3. Restrictions on Practice of Law

 No judge of a probate court shall engage, directly or indirectly, in the practice of law in his or her own name or in the name of another, as open or silent partner, or otherwise:    In any case or proceeding in his or her own court;   In another court in a case or matter of which his or her own court has, has had, or may have jurisdiction; or   In any court or any matter whatever, on behalf of or against any executor, administrator, guardian, trustee, or other individual acting in a representative capacity whose duty it is to make returns to his or her court, except to give such advice or instructions as his or her duty may require as judge in his or her own court, for which he or she shall receive only such fees as are prescribed by law.    (Ga. L. 1851-52, p. 91, § 20; Ga. L. 1859, p. 18, § 1; Code 1863, § 312; Code 1868, § 372; Code 1873, § 339; Code 1882, § 339; Ga. L. 1889, p. 46, § 1; Civil Code 1895, § 4242; Civil Code 1910, § 4800; Code 1933, § 24-1715; Ga. L. 2018, p. 356, § 1-4/SB 436.)    The 2018 amendment,  effective July 1, 2018, inserted "or her" throughout this Code section; in paragraph (3), substituted "on behalf" for "in behalf" near the beginning, substituted "individual" for "person" near the middle, deleted "of him" following "duty may require" in the middle, and inserted "or she" near the end.   Cross references.   - Regulation of practice of law generally, § 15-19-50 et seq.   JUDICIAL DECISIONS    Ordinary (now probate judge) cannot give an opinion as attorney of construction of will which might come under the ordinary's (now probate judge's) jurisdiction. Massey v. Calhoun, 26 Ga. 127 (1858).    Probate judge cannot bring suit on bond of administrator subject to the judge's jurisdiction. Smith v. Andrews, 70 Ga. 708 (1883).    Cited in Roberts v. State, 280 Ga. App. 672, 634 S.E.2d 790 (2006).   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, § 46.   C.J.S.   - 48A C.J.S., Judges, § 48.   ALR.    - What amounts to practice of law within contemplation of constitutional or statutory provision which makes such practice a condition of eligibility to a judicial office or forbids it by one holding a judicial position, 106 A.L.R. 508.   Propriety and permissibility of judge engaging in practice of law, 89 A.L.R.2d 886.   Validity and application of state statute prohibiting judge from practicing law, 17 A.L.R.4th 829.   Failed applicant's right of access to bar examination questions and answers, 57 A.L.R.4th 1212.
GA Code § 15-9-5 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-5. When Judge Ineligible for Reelection

 If any judge of the probate court fails to account faithfully as executor, administrator, or guardian after becoming judge, for all trusts he or she held at the time of his or her election, such judge shall be ineligible for reelection.   (Ga. L. 1851-52, p. 91, § 4; Code 1863, § 311; Code 1868, § 371; Code 1873, § 336; Code 1882, § 336; Civil Code 1895, § 4237; Civil Code 1910, § 4795; Code 1933, § 24-1712; Ga. L. 2018, p. 356, § 1-6/SB 436.)    The 2018 amendment,  effective July 1, 2018, in this Code section, inserted "or she" and "or her" in the middle, and substituted "such judge shall be" for "he is" near the end.   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, § 43 et seq.
GA Code § 15-9-6 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-6. Oath of Office

 Before entering on the duties of their offices, the judges of the probate courts must take and file the oaths required of all civil officers and, in addition, the following oath:   "I do swear that I will well and faithfully discharge the duties of judge of the probate court for the County of ______________, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any party, and that I will only receive my legal fees. So help me God."   (Ga. L. 1851-52, p. 91, § 15; Code 1863, § 296; Code 1868, § 356; Code 1873, § 320; Code 1882, § 320; Civil Code 1895, § 4221; Code 1910, § 4779; Code 1933, § 24-1703.)   Law reviews.   - For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996).   OPINIONS OF THE ATTORNEY GENERAL   Probate judge to marry parties although not of the same race.   - Probate judge may not decline to perform a marriage ceremony because the parties are not of the same race. 1983 Op. Att'y Gen. No. U83-31.   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, § 10.   C.J.S.   - 48A C.J.S., Judges, § 23.   ALR.   - Civil liability of judicial officer for malicious prosecution or abuse of process, 64 A.L.R.3d 1251.
GA Code § 15-9-8 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-8. Qualification; Bond

 The several judges of the superior courts in their respective circuits shall have the power and it shall be their duty to qualify the judges of the probate courts of the several counties in their circuits, to approve the official bonds of the judges of the probate courts, and to cause the bonds to be returned to the Secretary of State with the dedimus, to be filed with the office of the Secretary of State. In all cases a certified copy of the bond shall be sufficient original evidence on which to bring an action and recover.   (Ga. L. 1871-72, p. 33, § 1; Code 1873, § 254; Code 1882, § 254; Civil Code 1895, § 4220; Civil Code 1910, § 4778; Code 1933, § 24-1705; Ga. L. 1978, p. 1038, § 1; Ga. L. 2018, p. 356, § 1-8/SB 436.)    The 2018 amendment,  effective July 1, 2018, deleted the former third sentence, which read: "This Code section shall extend to clerks of the superior courts when serving as judges of the probate court during vacancies in that office, and such officers must qualify at or before the spring term of the court after their election."
GA Code § 15-9-9 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-9. When Other Security Ordered; Failure to Comply

 If, at any time during the term of the judge of the probate court, it is made satisfactorily to appear to the judge of the superior court that the bond of the judge of the probate court is insufficient or the security thereof insolvent, it shall be his or her duty to require other security. On failure of the judge of the probate court to comply with the order of the superior court judge, a vacancy shall be declared as if such judge had failed to give security in the first instance.   (Ga. L. 1871-72, p. 53, § 2; Code 1873, § 322; Code 1882, § 322; Civil Code 1895, § 4223; Civil Code 1910, § 4781; Code 1933, § 24-1706; Ga. L. 2018, p. 356, § 1-9/SB 436.)    The 2018 amendment,  effective July 1, 2018, inserted "or her" near the end of the first sentence, and substituted "such judge" for "he" near the end of the second sentence.   RESEARCH REFERENCES   C.J.S.   - 48A C.J.S., Judges, § 22.   ALR.   - Unauthorized practice of law as contempt, 40 A.L.R.6th 463.
GA Code § 15-9-11 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-11. Special Election to Fill Vacancy; Term of Individual Elected

  When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the individual who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. The election superintendent shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21.   Notwithstanding subsection (a) of this Code section, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the individual assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office.   If a special election is held, the individual elected to fill the vacancy shall be commissioned for the unexpired term.    (Ga. L. 1851-52, p. 50, § 1; Ga. L. 1851-52, p. 91, § 13; Code 1863, §§ 298, 299; Code 1868, §§ 358, 359; Ga. L. 1871-72, p. 28, § 1; Code 1873, §§ 323, 324; Code 1882, §§ 323, 324; Civil Code 1895, §§ 4224, 4225; Civil Code 1910, §§ 4782, 4783; Code 1933, §§ 24-1707, 24-1708; Ga. L. 1951, p. 129, § 1; Ga. L. 1969, p. 290, § 1; Ga. L. 2009, p. 827, § 3/HB 495; Ga. L. 2018, p. 356, § 1-11/SB 436.)    The 2018 amendment,  effective July 1, 2018, substituted "individual" for "person" in the first sentence of subsection (a) and in the middle of subsection (b); substituted "The election superintendent" for "He or she" at the beginning of the second sentence of subsection (a); designated the fourth sentence of subsection (a) as subsection (b), and, in subsection (b), substituted "subsection (a) of this Code section" for "the provisions of this subsection" near the middle; redesignated former subsection (b) as present subsection (c), and, in subsection (c), substituted "If a special election is held, the individual" for "The person" at the beginning.   Cross references.   - Filling of vacancies in public office generally, § 45-5-1 et seq.   OPINIONS OF THE ATTORNEY GENERAL   Plurality of votes decides election.   - Providing for the calling of an election to fill a vacancy in the office of ordinary (now probate judge), a plurality of votes would decide such election. 1952-53 Op. Att'y Gen. p. 354.   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, §§ 29 et seq., 232 et seq.   C.J.S.   - 48A C.J.S., Judges, §§ 37, 40, 41.
GA Code § 15-9-11.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-11.1. Assumption of Duties by Chief Clerk Upon Vacancy in Office of Probate Judge; Filling of Vacancy; Compensation

 Repealed by Ga. L. 2018, p. 356, § 1-12/SB 436, effective July 1, 2018.   Editor's notes.   - This Code section was based on Code 1981, § 15-9-11.1, enacted by Ga. L. 1982, p. 544, § 1; Ga. L. 1986, p. 1581, § 2; Ga. L. 1988, p. 586, § 1; Ga. L. 1989, p. 361, § 1; Ga. L. 1990, p. 568, § 1; Ga. L. 1992, p. 2104, § 1.
GA Code § 15-9-12 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-12. Disposition of Unfinished Proceedings of Predecessor

 All citations and other unfinished proceedings of the former judge of the probate court shall be disposed of by the successor as though there had been no vacancy.   (Orig. Code 1863, § 300; Code 1868, § 360; Code 1873, § 325; Code 1882, § 325; Civil Code 1895, § 4226; Civil Code 1910, § 4784; Code 1933, § 24-1709.)   Cross references.   - Filling of vacancies in public office generally, § 45-5-1 et seq.   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, §§ 29 et seq., 232 et seq.   C.J.S.   - 48A C.J.S., Judges, § 75 et seq.   ALR.   - Power of successor or substituted judge in civil case to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399.
GA Code § 15-9-14 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-14. Sheriffs to Act as Administrators When Probate Judge Is Superior Court Clerk in Absence of County Administrator

 Reserved. Repealed by Ga. L. 2018, p. 356, § 1-14/SB 436, effective July 1, 2018.   Editor's notes.   - The former Code section was based on Orig. Code 1863, § 304; Code 1868, § 364; Code 1873, § 329; Code 1882, § 329; Civil Code 1895, § 4230; Civil Code 1910, § 4788; Code 1933, § 24-1713.
GA Code § 15-9-15 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-15. Council of Probate Court Judges of Georgia

  There is created a council to be known as "The Council of Probate Court Judges of Georgia." The council shall be composed of the judges of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, president-elect, vice president, secretary-treasurer, and such other officers and committees as the council shall deem necessary.   It shall be the purpose of The Council of Probate Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred on it by law and to further the improvement of the probate courts and the administration of justice.   Expenses of the administration of the council shall be paid from state funds appropriated for that purpose or from other funds available to the council.   The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract.     (Code 1981, §15-9-15, enacted by Ga. L. 1988, p. 743, § 1; Ga. L. 1989, p. 1247, § 1; Ga. L. 2018, p. 356, § 1-15/SB 436.)    The 2018 amendment,  effective July 1, 2018, in subsection (a), deleted "and judges emeriti" following "the judges" in the middle of the second sentence, and substituted "president-elect," for "first vice president, second" in the middle of the fourth sentence.
GA Code § 15-9-16 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-16. Authority of Retired Judge to Perform Marriage Ceremonies

 A retired judge of a probate court of any county of this state shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.    (Code 1981, §15-9-16, enacted by Ga. L. 1989, p. 593, § 1; Ga. L. 1990, p. 8, § 15; Ga. L. 1992, p. 6, § 15; Ga. L. 2018, p. 356, § 1-16/SB 436.)    The 2018 amendment,  effective July 1, 2018, deleted the last sentence of this Code section, which read: "For purposes of this Code section, a retired judge of a probate court shall be one who has served as probate judge not less than 12 years."   Law reviews.   - For comment, "By the Power Vested in Me? Licensing Religious Officials to Solemnize Marriage in the Age of Same-Sex Marriage," see 63 Emory L. J. 979 (2014).
GA Code § 15-9-17 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-17. Serving a Minor or Incapacitated Adult

  Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of notice on a minor or an incapacitated adult is required by law or ordered by the probate court, such service of notice may be made by:   Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail or statutory overnight delivery, return receipt requested; and   Serving the guardian of such minor or incapacitated adult if such guardian:   Acknowledges receipt of such service; and   Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult.       The acknowledgment of service and certification of such guardian and the certificate of the service by mailing on such minor or incapacitated adult shall be filed with the probate court as proof of such service of notice.   As used in this Code section, the term "guardian" shall have the same meaning provided in Code Section 53-1-2.     (Code 1981, §15-9-17, enacted by Ga. L. 1994, p. 725, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2018, p. 356, § 1-17/SB 436; Ga. L. 2020, p. 377, § 2-15/HB 865.)    The 2018 amendment,  effective July 1, 2018, designated the existing provisions of this Code section as subsections (a) and (b).    The 2020 amendment,  effective January 1, 2021, in subsection (a), inserted "notice on", "by law or ordered by the probate court", and "of notice" in the introductory text; inserted ", return receipt requested" in paragraph (a)(1); and substituted "guardian" for "legal guardian or guardian ad litem" twice in paragraph (a)(2); in subsection (b), inserted "of service", substituted "such guardian" for "the legal guardian or guardian ad litem", inserted "service by", substituted "on such" for "to the", inserted "probate", and inserted "of notice" at the end; and added subsection (c).   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (1) is applicable with respect to notices delivered on or after July 1, 2000.   Law reviews.   - For note on the 1994 enactment of this Code section, see 11 Ga. St. U.L. Rev. 97 (1994).
GA Code § 15-9-18 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 1 - General Provisions|§ 15-9-18. Remittance of Interest From Cash Bonds

 Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk of the probate court shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Council.    (Code 1981, §15-9-18, enacted by Ga. L. 2000, p. 1306, § 1; Ga. L. 2003, p. 191, § 4; Ga. L. 2008, p. 846, § 7/HB 1245; Ga. L. 2015, p. 519, § 8-4/HB 328; Ga. L. 2018, p. 356, § 1-18/SB 436.)    The 2018 amendment,  effective July 1, 2018, inserted "of the probate court" near the middle, and deleted "the provisions of" following "in accordance with" in the middle.   Cross references.   - Public Defender Standards Council, T. 17, C. 12.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, a period was added at the end of this Code section.   Administrative Rules and Regulations.   - Grant programs, Official Compilation of the Rules and Regulations of the State of Georgia, Grants of Georgia Indigent Defense Council, Chapter 294-1.   Law reviews.   - For note on 2000 enactment of this Code section, see 17 Ga. St. U.L. Rev. 73 (2000). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 105 (2003).
GA Code § 15-9-30.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-30.1. Jurisdiction in Cases Involving Removal of Obstructions From Roads

 Notwithstanding any local law or other law conferring jurisdiction on any other tribunal, the judges of the probate courts shall have the jurisdiction, concurrent with any such tribunals, in all cases in their counties involving the removal of obstructions from roads, as provided in subsection (a) of Code Section 44-9-59.    (Code 1981, §15-9-30.1, enacted by Ga. L. 1987, p. 1482, § 3.)
GA Code § 15-9-30.2 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-30.2. Approval of Bonds, Qualification of Officers, and Delivery of Commissions

 The judge of the probate court has authority to approve all official bonds which are required by law to be approved by that judge and which are sent to that judge by the Governor with the dedimus, to qualify such officers, and to deliver their commissions to them.    (Code 1981, §15-9-30.2, enacted by Ga. L. 1987, p. 1482, § 3.)