reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-29 - Salary of judges

(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 monthly installments.
(b)
The annual salary shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections
15-6-29.1
,
15-6-30
, and
15-6-32
.
(c)
When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive from the county or counties comprising the circuit the same county salary supplement, if any, then in effect for the other judge or judges of the judicial circuit. Such salary supplement for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required in order to authorize such salary supplement, but nothing in this Code section shall be construed to prohibit the enactment of local legislation relating to such salary supplements. A publication of notice of intention to introduce local legislation as provided for in Code Section
28-1-14
shall be required for any local legislation granting, changing the amount of, or removing a salary supplement; but no publication of notice of intention shall be required for a bill creating one or more new superior court judgeships.
Amended by 2015 Ga. Laws 138,§ 1-3, eff. only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.
Amended by 2008 Ga. Laws 564,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-29.1 - Accountability court supplement; limitation

(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 supplement shall be paid from state funds by The Council of Superior Court Judges of Georgia in equal monthly installments as regular compensation.
(b)
When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government.
(c)
Notwithstanding subsection (c) of Code Section
15-6-29
, on and after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to a superior court judge, if such supplement is $50,000.00 or more.
Added by 2015 Ga. Laws 138,§ 1-4, eff. only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-31 - Transfer of administrative functions

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 chapter shall be transferred to and performed by The Council of Superior Court Judges of Georgia.
Added by 2008 Ga. Laws 564,§ 5, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-32 - Expenses for attendance at educational programs

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 appropriated for the operation of the Institute of Continuing Judicial Education or from funds appropriated for the operation of the Institute of Continuing Judicial Education reimbursement for the actual expenses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reimbursement, whether for education within or outside the state, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior approval.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-33 - Convention for recommending rules

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 circuits. Such rules so recommended by the convention of judges shall not become operative and of force and effect until enacted into law by the General Assembly.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-34 - [Effective Until 7/1/2025] Creation of The Council of Superior Court Judges of Georgia; composition; purpose; expenses; acceptance and publication of uniform standards

(a)
There is created a superior court judges' council to be known as "The Council of Superior Court Judges of Georgia." The council shall be composed of the judges, senior judges, and judges emeriti of the superior 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, a president-elect, a secretary-treasurer, and an executive committee composed of the administrative judges of the ten judicial administrative districts.
(b)
It shall be the purpose of The Council of Superior Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the superior courts and the administration of justice.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
The Council of Superior Court Judges of Georgia shall accept the submission of uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
and submitted by the Judicial Council of Georgia. Training on and publication of such uniform standards among the council and the superior courts of this state shall be to further improvement of the superior courts as provided in subsection (b) of this Code section.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Amended by 2023 Ga. Laws 88,§ 4, eff. 5/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-34 - [Effective 7/1/2025] Creation of The Council of Superior Court Judges of Georgia; composition; purpose; expenses; acceptance and publication of uniform standards

(a)
There is created a superior court judges' council to be known as "The Council of Superior Court Judges of Georgia." The council shall be composed of the judges, senior judges, and judges emeriti of the superior 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, a president-elect, a secretary-treasurer, and an executive committee composed of the administrative judges of the ten judicial administrative districts.
(b)
It shall be the purpose of The Council of Superior Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the superior courts and the administration of justice.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
The Council of Superior Court Judges of Georgia shall accept the submission of uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
and submitted by the Judicial Council of Georgia. Training on and publication of such uniform standards among the council and the superior courts of this state shall be to further improvement of the superior courts as provided in subsection (b) of this Code section.
(e)
Any person elected or appointed as a superior court judge shall provide written notification to The Council of Superior Court Judges of Georgia of such within 30 days of the date of the election or appointment. Any state court judge who resigns, retires, or is removed from office shall provide written notification to The Council of Superior Court Judges of Georgia of such within 30 days of the date on which he or she resigns, retires, or is removed from office.
(f)
The Council of Superior Court Judges of Georgia shall notify the Administrative Office of the Courts of any notification received pursuant to subsection (e) of this Code section within 30 days of receipt of such notification.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Amended by 2024 Ga. Laws 584,§ 2, eff. 7/1/2025.
Amended by 2023 Ga. Laws 88,§ 4, eff. 5/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-35 - Selection of bailiffs by sheriff; appointment of additional bailiffs

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 necessary.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 1 - GENERAL PROVISIONS (§§ 15-6-1 — 15-6-36) › Section 15-6-36 - Notice of student's felony conviction to school superintendent

(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 superintendent or the school superintendent's designee of the school in which the convicted defendant was enrolled, or, if the information is known, of the school in which the convicted defendant plans to be enrolled at a future date. Such notice shall include the specific criminal offense for which the defendant was convicted. A local school system to which such a convicted defendant is assigned may request further information from the court's file.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-50.1 - Superior Court Clerks Training Council

(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 Clerks Association of Georgia or its successor organization; and
(2)
Three nonvoting members shall be judges of the superior courts appointed to terms of four years by the Judicial Council of Georgia.
Membership on the training council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
(b)
The business of the training council shall be conducted in the following manner:
(1)
The training council shall hold an annual meeting promptly after the appointment of its members and shall elect from among its voting members a chairperson, a vice chairperson, and a secretary-treasurer who shall serve until the first meeting in the succeeding year. Thereafter, the chairperson, the vice chairperson, and the secretary-treasurer shall be elected at the first meeting of each calendar year;
(2)
Five voting members of the training council shall constitute a quorum for the transaction of business; and
(3)
The training council shall maintain minutes of its meetings and such other records as it deems necessary.
(c)
The members of the training council shall receive no salary but shall be reimbursed for mileage incurred in the performance of their functions in accordance with state travel regulations if sufficient funds are appropriated by the state or accrue from contributions to the training council.
(d)
The training council is vested with the following functions and authority:
(1)
To meet at such times and places as it may deem necessary;
(2)
To recommend to the Institute of Continuing Judicial Education of Georgia the curriculum, including the methods of instruction, composing the basic certification course for new clerks of superior courts and to approve such curriculum adopted by the institute;
(3)
To recommend to the Institute of Continuing Judicial Education of Georgia the curriculum for the annual recertification training authorized for clerks of superior courts by Code Section
15-6-50
and to approve such curriculum adopted by the Institute of Continuing Judicial Education of Georgia; and
(4)
To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-50.2 - The Council of Superior Court Clerks of Georgia

(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 and bylaws.
(b)
It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the superior courts and the administration of justice, to assist the superior court clerks throughout the state in the execution of their duties, and to promote and assist in the training of superior court clerks.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
The Council of Superior Court Clerks of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; shall establish, maintain, and revise the state-wide master jury list as provided in Chapter 12 of this title; shall distribute the county master jury list as provided in Chapter 12 of this title; and shall have other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties.
(e)
Notwithstanding any other law, a member of the council shall not be ineligible to hold the office of clerk of a superior court by virtue of his or her position as a member of the council or its executive committee.
(f)
The council shall issue uniform standards not inconsistent with the uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
. Such uniform standards shall be incorporated into the assistance and training provided to superior court clerks pursuant to subsection (b) of this Code section.
Amended by 2023 Ga. Laws 88,§ 5, eff. 5/1/2023.
Amended by 2022 Ga. Laws 717,§ 4, eff. 7/1/2022.
Amended by 2014 Ga. Laws 578,§ 1, eff. 7/1/2014.
Amended by 2011 Ga. Laws 50,§ 1-2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-50.3 - [Repealed]

Repealed by 2023 Ga. Laws 88,§ 6, eff. 5/1/2023.
Added by 2022 Ga. Laws 717,§ 5, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-51 - Eligibility to serve as other court clerk

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.
Amended by 2012 Ga. Laws 599,§ I-1-3, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-52 - Practice of law restricted

(a)
Except as provided in subsection (b) of this Code section, the clerks of the superior courts are prohibited from practicing law in their own or another's name, as a partner or otherwise, in any court except in their own case.
(b)
Nothing in this Code section shall be construed to limit in any way the ability of a clerk of a superior court to serve as or offer advice in his or her role as a judge advocate or in any other military role in an active duty or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States.
Amended by 2022 Ga. Laws 775,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-53 - Appointment of clerk; actions by interim clerk; special elections

(a)
In any county in which a chief deputy clerk has been appointed pursuant to Code Section
15-6-59
, the chief deputy clerk shall become the clerk of superior court if the clerk of superior court dies, resigns, is removed from office pursuant to the provisions of Code Section
45-2-1
, or otherwise vacates office. The chief deputy clerk shall hold office for the unexpired term of his or her predecessor, provided that more than two years of the clerk's term of office have expired at the time the clerk vacates office. If more than two years of the clerk's term of office have not expired at the time the clerk vacates office, a special election shall be held, as provided in subsection (c) of Code Section
21-2-540
, at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk.
(b)
(1)
In any county in which a chief deputy clerk has not been appointed pursuant to Code Section
15-6-59
, the probate judge shall immediately appoint a qualified person to serve as the interim clerk of superior court when the clerk vacates office for any reason. Such interim clerk shall serve in such capacity until the vacancy is filled pursuant to the provisions of this subsection; provided, however, that the interim clerk shall not serve more than one year. Any act done by the interim clerk during such period that the clerk could have done shall be valid.
(2)
When a vacancy is filled pursuant to paragraph (1) of this Code section and it is more than six months from the date when the clerk vacated office until the next general election is held, the election superintendent for the county shall call a special election to fill the vacancy, as provided in subsection (c) of Code Section
21-2-540
, and such official shall give notice in one or more of the public newspapers of the county, if any, at the courthouse, and at three or more of the most public places of the county at least 30 days prior to the date of election. Such special election shall be held at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk.
Amended by 2012 Ga. Laws 599,§ I-1-4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-54 - [Repealed] Appointment by probate judge pending filling of vacancy; duration of appointment

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-55 - Emergency service by probate court judge; appointment of interim deputy clerk

(a)
If as a result of any sudden emergency there is a vacancy in the office of clerk of superior court, and a person who meets the qualifications for a clerk of superior court as set forth in Code Section
15-6-50
cannot immediately fill the vacancy pursuant to Code Section
15-6-53
, the judge of the probate court shall act as clerk of superior court for a period not to exceed 120 days. Any act done by the probate judge during such period that the clerk could have done shall be valid.
(b)
If there is a temporary absence of the clerk of superior court for any reason not specified in Code Section
15-6-53
or if the clerk of superior court for any reason does not act as clerk at the time provided by law for holding a term of the superior courts and there is no chief deputy clerk to perform such duties, notwithstanding local law, the judges of the superior court of the judicial circuit by a majority vote shall appoint an interim deputy clerk who shall hold the office of clerk during the term of court and for ten days thereafter. If a majority of the judges do not agree to the selection of the interim deputy clerk, the chief judge of the superior court shall select the interim deputy clerk. Any act which the chief deputy clerk or the appointed clerk does during such time which the clerk could have done shall be valid.
Amended by 2012 Ga. Laws 599,§ I-1-6, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-56 - [Repealed] Election to fill vacancy; term of office; filling of vacancies in counties with chief deputy clerk

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-7, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-57 - Election to break tie

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 prescribed in Code Section
15-6-53
and shall do so until a choice is made.
Amended by 2012 Ga. Laws 599,§ II-2-3, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-58 - Oath of office

(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:
"I do swear or affirm that I will truly and faithfully enter and record all the orders, decrees, judgments, and other proceedings of the Superior Court of the County of __________________, and all other matters and things which I am required by law to record; and that I will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding. So help me God."
(b)
When the oath is taken by the judges of the probate courts or their deputies acting in a certain contingency as clerks of the superior court, they may take it before any person authorized to administer an oath and may enter it on the minutes of the superior court.
Amended by 2012 Ga. Laws 599,§ I-1-8, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-59 - Bond; appointment of deputies

(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 deputy or deputies and, upon making such appointment, shall require from such deputies a bond with good security. The deputies shall take the same oaths as the clerks do before entering upon the discharge of their duties. The oath shall be administered by the clerk of superior court and recorded on the minutes of the superior court. Powers and duties of deputy clerks shall be the same as those of the clerks, as long as their principals continue in office and not longer, for faithful performance of which they and their securities shall be bound. The clerks of superior courts shall also have the authority to appoint one of their deputies as chief deputy clerk.
Amended by 2012 Ga. Laws 599,§ I-1-9, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-60 - Powers of clerks

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 receive other sums whenever required to do so by law or by order of the judge, and not otherwise;
(3)
To advertise under the same rules and restrictions as apply to sheriffs;
(4)
To demand and collect in advance their fees for recording deeds, mortgages, and other instruments which are legally entitled to be recorded on the deed and mortgage records of their counties; and
(5)
To exercise such other powers as are or may be conferred upon them by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-60.1 - Location of retained records; request for access to records; contracting for retention; online access

(a)
As the county constitutional officer elected by citizens of his or her county to protect and preserve their court and land records, the clerk of superior court is the sole custodian of all original filed records that the clerk is required by law to retain in his or her office or permitted to store and archive in another location as provided by Code Section
15-6-86
.
(b)
Regardless of the methodology, system, or location used by the clerk of superior court for filing, recording, archiving, and storing records, any request for access to or copies of records, including requests made pursuant to Article 4 of Chapter 18 of Title 50 for access to or copies of any record filed, recorded, or retained by a clerk of superior court, shall be made to the clerk of superior court.
(c)
The clerk of superior court may contract with any person or entity or any governmental department, agency, authority, or entity for the purpose of archiving or storing electronic records of the clerk's office. When the clerk executes a contract for such purpose, such service provider shall not provide access to or copies of any records without the express written approval of the clerk of superior court.
(d)
Any person or entity or any governmental department, agency, authority, or entity that provides storage or archiving services for records for which the clerk of superior court is custodian shall relinquish possession of all such records and any copies thereof and return such records and copies to the clerk upon request of the clerk. This subsection shall not apply to records provided by the clerk of the superior court to the Georgia Superior Court Clerks' Cooperative Authority pursuant to laws requiring transmittal of records of the clerk's office to such authority.
(e)
Records that the clerk of superior court is required by law or rules and regulations to provide to other governmental departments, agencies, authorities, and entities to enable such departments, agencies, authorities, and entities to perform their duties or to support the functions assigned to such departments, agencies, authorities, and entities shall not be used for any purpose other than the performance of such duties or functions.
(f)
Records provided by the clerk of superior court to the Georgia Superior Court Clerks' Cooperative Authority shall be used by the authority only for the performance of its statutory duties, including providing online access to such records.
(g)
Nothing in this Code section shall be construed to require or otherwise affect the appropriation of public funds by a local governing authority to a clerk of superior court.
Added by 2015 Ga. Laws 181,§ 2-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-62 - Additional clerk duties

(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 record proceedings on microfilm or in digital format, he or she shall make available to the public a machine for reading and reproducing such microfilmed or digitally formatted records. If a clerk elects to record proceedings in digital format, the provisions of Code Section
15-6-62.1
shall apply.
(b)
Every clerk of superior court shall record, microfilm, or digitally image for the purpose of permanently preserving:
(1)
Every part of the pleadings in every case;
(2)
All garnishments, affidavits, bonds, and answers thereto;
(3)
All attachment affidavits, bonds, and writs of attachment; and
(4)
All claim affidavits and bonds and all bonds given in any judicial proceeding.
The clerk shall not allow any record to be taken from his or her office before recording them as required in this Code section.
(c)
Where any paper becomes lost or destroyed, a certified copy thereof from the clerk of superior court may be substituted. No fee shall be charged or collected for any such copy if the loss of the same is caused by or results from any negligence or fault of the clerk.
(d)
This Code section shall not apply to cases dismissed and settled before the record is made.
Amended by 2012 Ga. Laws 599,§ I-1-11, eff. 7/1/2012.
Amended by 2001 Ga. Laws 305, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-62.1 - Back-up records

(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
15-6-62
.
(b)
A clerk of a superior court electing to record in digital format any record of which he or she is the custodian shall maintain a back-up record in at least two ways:
(1)
By the clerk permanently retaining the back-up record on the clerk's secure file server, either controlled and operated by the clerk or personnel employed by the clerk or provided for the exclusive benefit of the clerk's office through a contractual relationship between the clerk and a public or private entity for such purpose; and
(2)
By the clerk submitting all digitally formatted records that the clerk is statutorily authorized and required to archive with the authority for permanent archiving, as set forth in subsection (c) of this Code section.
(c)
The clerk of superior court shall submit the clerk's records to the authority in a format acceptable to the authority at least monthly, but not later than the fifteenth day following the last day of each month. Upon receipt of such records, the authority shall permanently and securely maintain such records. Excluding records to which the authority is required by law to provide online access, the authority shall not provide access to or copies of records maintained by it to any person requesting such records without the express written approval of the clerk of superior court who originally maintained such records. All requests for access to such records shall be made to such clerk.
Amended by 2015 Ga. Laws 181,§ 2-2, eff. 7/1/2015.
Amended by 2013 Ga. Laws 184,§ 2-6, eff. 5/6/2013.
Added by 2001 Ga. Laws 305, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-63 - Obtaining of names of grantors and grantees prior to recordation of title transfer

(a)
The clerk of the superior court, prior to recordation of any deed which has the effect of transferring title, shall obtain the name and address of the grantor(s) and the grantee(s) either in the deed or on the real estate transfer tax declaration form.
(b)
The failure of the clerk to obtain the name and address as required in subsection (a) of this Code section shall in no way affect the title to the real estate involved, the marketability of title, or the notice intent of the recorded deed.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-65 - Entry of civil cases on dockets; order for trial

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-66 - Grantor-grantee index

(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 index, or a microfilm record, an electronic data base, or an electronic, computer-based document management system, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(C) of Code Section
15-6-61
. Such index shall include the character of the instrument, the book or location of the record, and the date of filing.
(b)
The name of the grantor listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased.
(c)
The clerk of the superior court shall employ the methods provided for in paragraph (15) of subsection (a) of Code Section
15-6-61
in the creation, management, transmission, printing, and revision of the indexes provided for in this Code section. Compliance with such methods and with the rules and regulations relating to indexing established by the Georgia Superior Court Clerks' Cooperative Authority shall not expose the clerk of the superior court to new or additional liability relating to such indexes.
(d)
This Code section shall not apply to transactions covered by Article 9 of Title 11.
Amended by 2012 Ga. Laws 599,§ I-1-12, eff. 7/1/2012.
Amended by 2004 Ga. Laws 564, § 15, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-68 - Public access to maps, plats, and plans

(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 which shall be indexed all maps, subdivision plats, condominium plats, and other plats, condominium site plans, condominium plot plans, and condominium floor plans under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts.
(c)
In counties of this state that are divided into land lots, the clerk of superior court shall provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded.
(d)
The clerk shall electronically note the filing date, book, and page numbers on the image and shall electronically transmit a copy of the map, plat, or plan with such filing information to the e-mail address of the person filing the same for record.
Amended by 2018 Ga. Laws 562,§ 15, eff. 5/8/2018.
Amended by 2016 Ga. Laws 351,§ 2, eff. 1/1/2017.
Amended by 2012 Ga. Laws 599,§ I-1-14, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-69 - Effect of map and plat recordation requirements

(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
15-6-68
shall be deemed to invalidate any map or plat made prior to July 1, 1978, nor shall anything in those Code sections be deemed to require the clerk of the court to prepare or maintain a record of each individual land lot for any plat of survey recorded in the clerk's office prior to July 1, 1978.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-70 - Recordation of bankruptcy petition, decree, or order; fees

A certified copy of a petition, with schedules omitted, commencing a proceeding under the bankruptcy law of the United States, of the decree of adjudication in the proceeding, or of the order approving the bond of the trustee appointed in the proceeding may be filed and recorded in the office of the clerk of the superior court of any county in the same manner as deeds. It shall be the duty of the clerks to docket and index such certified copies under the name of the bankrupt and to record the certified copies filed for record in the same manner as deeds. Clerks shall be entitled to the same fees for docketing, indexing, and recording the copies as for docketing, indexing, and recording deeds.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-73 - Destruction of obsolete records

(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, whenever the records are older than five years of age.
(b)
Every clerk of superior court shall be, from time to time, authorized to destroy original civil pleadings which have been recorded in the minutes or writ books of the court in every civil case which has been finally terminated for 20 years or more, except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption.
Amended by 2012 Ga. Laws 599,§ I-1-15, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-74 - Preservation of newspapers containing advertisements

(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 imaged in a format approved by the clerk and such newspapers, microfilm, photographs, or copies thereof shall be maintained and made available to the public for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or copies thereof shall be preserved for historical purposes in electronic or micrographic format.
(c)
The clerk of superior court is authorized to enter into an agreement with either the judge of the probate court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing, or digital imaging of the newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers or copies thereof shall be retained in the county courthouse. Such set of newspapers or copies thereof shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the judge of the probate court or the sheriff, or both, are required to preserve and retain appear. The agreement shall specify the person who shall maintain and preserve the newspapers, microfilm, photographs, or digital copies.
(d)
Upon the request of a clerk of superior court, any journal or newspaper declared, made, or maintained as the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of "official or legal advertising" shall provide to the clerk of superior court copies of such journal or newspaper containing legal advertisements, in digital format, as required by the clerk, when the clerk shall be required to comply with provisions of subsection (a) or (b) of this Code section. The copies shall be provided to the clerk, the judge of the probate court, and the sheriff by January 31 of the year following the year in which the newspaper served as the official legal organ of the county. The ability of a journal or newspaper to provide copies digitally or electronically may be a qualification by the clerk of superior court, the probate judge, and the sheriff in designating a journal or newspaper as the official legal organ of the county.
Amended by 2012 Ga. Laws 599,§ I-1-16, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-77.1 - [Repealed] Additional fees in counties with populations of 550,000 or more; disposition of such fees

Repealed and reserved by 2019 Ga. Laws 231,§ 3, eff. 1/1/2020.
Amended by 2001 Ga. Laws 2, § 15, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-77.2 - [Repealed] Costs for clerk's services in counties with populations of 640,000 or more; time for payment of costs; disposition of such costs

Repealed and reserved by 2019 Ga. Laws 231,§ 4, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-77.3 - [Repealed] Additional fees in counties with populations in unincorporated areas of 350,000 or more

Repealed and reserved by 2019 Ga. Laws 231,§ 5, eff. 1/1/2020.
Amended by 2010 Ga. Laws 506,§ 11, eff. 7/1/2010.
Amended by 2001 Ga. Laws 191, § 28, eff. 7/1/2001.