reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-45 - Jurors

Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-46 - No right to grand jury indictment

The accused in criminal proceedings in a state court shall not have the right to indictment by the grand jury of the county.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-47 - Court reporters; waiver; compensation

(a)
Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state.
(b)
Reporting of any trial may be waived by consent of the parties.
(c)
Appointment of a court reporter or reporters, as defined in Article 2 of Chapter 14 of this title, for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county governing authority and shall be the same as that for reporters of the superior courts of this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-48 - Clerk's bond

Any person who serves as a clerk of any state court, as a qualification of holding his office, shall execute bond in the sum of $25,000.00 for the faithful performance of his duties as clerk, which amount may be increased by local Act. However, any clerk of a superior court who is also serving as clerk of a state court shall not be required to post a bond under this Code section; the bond given by the clerk of the superior court for the faithful performance of his duties shall also be conditioned on his faithful performance of his duties as clerk of the state court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-49 - Remittance of interest from interest-bearing trust accounts

When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for distribution to the Georgia Public Defender Council.
Amended by 2015 Ga. Laws 74,§ 8-3, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 6, eff. 7/1/2008.
Amended by 2003 Ga. Laws 32, § 3, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-50 - Authority of clerks

Clerks of state courts are authorized and directed to:
(1)
File and enter all civil case filing and disposition forms;
(2)
Transmit the data contained on the civil case filing and disposition forms to the Administrative Office of the Courts through electronic means provided by the Administrative Office of the Courts for such purpose which shall constitute the only transmission of such data required between the clerks of the state courts and the Administrative Office of the Courts; and
(3)
Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (1) and (2) of this Code section.
Amended by 2017 Ga. Laws 240,§ 2-8, eff. 1/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 4 - CONSTRUCTION WITH OTHER LAWS (§§ 15-7-60 — 15-7-61) › Section 15-7-60 - Local laws

This chapter is not intended to repeal any local law creating a state court; and, to the extent any such local law does not conflict with the provisions of this chapter, such local law shall remain in full force and effect.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 4 - CONSTRUCTION WITH OTHER LAWS (§§ 15-7-60 — 15-7-61) › Section 15-7-61 - Exemption from Chapter 8

Courts which come under this chapter shall not be subject to Chapter 8 of this title.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 15-7-80 - Municipal court services authorized

The governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services to the municipality as authorized by this article; and the governing authorities of municipalities are likewise authorized to enter into such contracts with county governing authorities.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 15-7-81 - Contents of contract

Any contract entered into pursuant to this article shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the state court of the county. Any contract so entered into shall not become effective unless it is approved by the state court judge or judges then in office; and no such contract shall extend beyond the term of the judges then in office.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 15-7-82 - Authority to act as judges, officers, and personnel of municipal court

When a contract entered into pursuant to this article has become effective, the judges of the state court shall have full authority to act as judges of the municipal court of the municipality; and the other officers and personnel of the state court shall have full authority to act as officers and personnel of the municipal court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 15-7-83 - Judges, officers, pleadings, process, and papers of municipal court; separate dockets and records

When acting as officers of the municipal court all judges and other officers of the state court shall be styled as judges and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and papers of the state court. The dockets and other records of the municipal court shall be kept separately from those of the state court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 5 - MUNICIPAL COURT SERVICES (§§ 15-7-80 — 15-7-85) › Section 15-7-85 - Limitations on authority granted to municipalities

(a)
Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to:
(1)
A municipality whose charter does not authorize a municipal court;
(2)
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
(3)
A municipality whose charter expressly provides that the municipality shall not have the authority granted by this article.
(b)
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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 8 - CITY COURTS (§§ 15-8-1 — 15-8-6) › Section 15-8-2 - Judge ineligible for municipal office or appointment

It shall be illegal for the judge of any city court to also hold any municipal office or appointment in the city where the court is held.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 8 - CITY COURTS (§§ 15-8-1 — 15-8-6) › Section 15-8-3 - When judges of city courts may preside in other city courts

(a)
The judges of the various city courts may preside in any of the city courts established by the General Assembly in the same manner as the superior court judges preside in the courts of one another; and any city court judge may exercise all the powers, duties, and functions devolved upon the judge of the city court over which he is called to preside by the request of the judge of such city court where the judge is disqualified or is providentially prevented from trying a case.
(b)
Any judge of any city court in this state may preside and act in any other city court in this state upon the request of the regular judge thereof, and when so presiding and acting the judge shall have full power and authority over all matters pending in the court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 8 - CITY COURTS (§§ 15-8-1 — 15-8-6) › Section 15-8-4 - Transfer of criminal case to superior court upon city court judge's disqualification

The several judges of the city courts, on the call of any criminal case in the courts in which the presiding judge is disqualified, may pass an order transferring the case for trial to the superior court of the county in which the city court is located. When the case is so transferred, it shall be tried in the superior court as though it had originated therein.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 8 - CITY COURTS (§§ 15-8-1 — 15-8-6) › Section 15-8-5 - Deputy clerks; appointment; powers and duties

The clerks of the city courts shall each have the power to appoint a deputy clerk and may require from him a bond with good security. The deputy clerks shall take the same oath as the clerks do before entering upon the discharge of their duties; and their powers and duties shall be the same as those of the clerk, for as long as the principal continues in office and not longer. For the faithful performance of their duties the deputy clerks and their securities shall be bound. The appointment of deputy clerks shall be in writing and shall be entered upon the minutes of the court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 8 - CITY COURTS (§§ 15-8-1 — 15-8-6) › Section 15-8-6 - Authorization of judge of city court or like court to preside in municipal court in cities with population of 350,000 or more

Any judge of any city court or like court may, when authorized to do so by the governing authorities of any city having a population of more than 350,000 according to the United States decennial census of 1950 or any future such census, preside in the municipal court, by whatever name called, of such city. When so presiding, such judge shall have full power and authority in all matters pending in the court, including the trial of all offenses against the ordinances of the city.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-1.1 - Required training courses; attendance record; expenses

(a)
Any individual who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, after taking office as judge of the probate court, shall satisfactorily complete a new judge orientation training course prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia at the first occasion such course is offered. Such judge shall complete an attendance record of such training issued by the Institute of Continuing Judicial Education of Georgia and file it with the Probate Judges Training Council.
(b)
Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court and complete an attendance record of such training issued by the Institute of Continuing Judicial Education of Georgia and file it with the Probate Judges Training Council.
(c)
Any judge who fails to complete the new judge orientation training course as required by subsection (a) of this Code section or to earn the required cumulative annual minimal credit hours of training during any one-year period after the new judge orientation training may be given a six-month administrative extension by the Probate Judges Training Council during which to fulfill this requirement. Individual requests for extensions beyond the initial six-month extension for reasons of disability, hardship, or extenuating circumstance may be approved on a case-by-case basis by the Probate Judges Training Council. Upon failure to earn the required hours within the six-month extension period or additional extension period or periods granted, the Probate Judges Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend to the Supreme Court removal of the probate judge from office unless the Judicial Qualifications Commission finds that the failure was caused by circumstances beyond the control of the probate judge.
(d)
All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but the probate judge or probate judge elect shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, that if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority.
Amended by 2018 Ga. Laws 405,§ 1-1, eff. 7/1/2018.
Amended by 2009 Ga. Laws 110,§ 1, eff. 5/4/2009.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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:
(1)
In any case or proceeding in his or her own court;
(2)
In another court in a case or matter of which his or her own court has, has had, or may have jurisdiction; or
(3)
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.
Amended by 2018 Ga. Laws 405,§ 1-4, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-4 - Additional judicial eligibility requirements in certain counties

(a)
No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law.
(b)
Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no individual shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years, has been admitted to practice law for seven years preceding election, is a member in good standing with the State Bar of Georgia, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
(c)
A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court.
Amended by 2020 Ga. Laws 508,§ 2-14, eff. 1/1/2021.
Amended by 2018 Ga. Laws 405,§ 1-5, eff. 7/1/2018.
Amended by 2012 Ga. Laws 657,§ 1, eff. 7/1/2012.
Amended by 2009 Ga. Laws 177,§ 2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 827, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-6, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-7 - Bond

The judges of the probate courts shall give bond or surety in the sum of $100,000.00, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judges of the probate courts. The county governing authority shall pay such bond.
Amended by 2018 Ga. Laws 405,§ 1-7, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-8, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-9, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-10 - Temporary filling of vacancy; order of priority; compensation

(a)
If at any time there is a vacancy in the office of judge of the probate court, such vacancy shall be filled as set forth in Code Section
15-9-11
. Any individual serving during such vacancy shall be vested with all the powers of the judge of the probate court.
(b)
(1)
Except as provided in subsection (b) of Code Section
15-9-11
, until such time as a special election can be held, a vacancy shall be filled in the following order of priority:
(A)
By an associate judge of the probate court, in order of seniority. In any county in which an associate judge of the probate court has been appointed and such associate judge meets all of the qualifications for serving as probate judge, then he or she shall discharge the duties of the office of judge of the probate court. An associate judge shall be eligible to fill a vacancy in the office of probate judge until the special election without regard to whether such associate judge meets the residency requirement set forth in subparagraph (a)(1)(B) of Code Section
15-9-2
; provided, however, that the associate judge shall meet the requirements of law before qualifying for election to the office of judge of the probate court; or
(B)
By the chief clerk of the probate court. In any county in which a chief clerk of the probate court has been appointed and such clerk meets all of the qualifications for serving as probate judge, then he or she shall discharge the duties of the office of judge of the probate court.
(2)
If any individual designated in paragraph (1) of this subsection does not wish to serve as judge of the probate court to fill a vacancy, he or she shall express that desire by delivering such declination in writing to the chief judge of the superior court for the circuit to which the county is assigned.
(3)
If there is no associate judge for the probate court and the chief clerk is not eligible to serve or all such individuals decline to serve, the chief judge of the superior court in the circuit to which the county is assigned shall appoint an individual to serve as judge during a vacancy.
(c)
The sole county commissioner or the board of county commissioners shall fix the compensation of the individual who serves as judge until the vacancy is filled. The compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county.
Amended by 2018 Ga. Laws 405,§ 1-10, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-11 - Special election to fill vacancy; term of individual elected

(a)
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.
(b)
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.
(c)
If a special election is held, the individual elected to fill the vacancy shall be commissioned for the unexpired term.
Amended by 2018 Ga. Laws 405,§ 1-11, eff. 7/1/2018.
Amended by 2009 Ga. Laws 177,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-11.1 - [Repealed] Assumption of duties by chief clerk upon vacancy in office of probate judge; filling of vacancy; compensation

Repealed by 2018 Ga. Laws 405,§ 1-12, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-13 - Procedure when judge unable to act; compensation

(a)
Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualified under subsection (f) of Code Section
15-9-2.1
. Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason and an associate judge is unable to act, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge shall not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.
(b)
If for any reason the judge of the probate court fails to appoint an attorney to serve, the chief judge of the superior court shall appoint an individual to serve and exercise the jurisdiction of the judge of the probate court in the case.
(c)
Except as otherwise provided in paragraph (4) of subsection (a) of Code Section
15-9-2.1
, the compensation of the individual serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the chief judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during such service by an individual who is not an associate judge of the probate court shall be paid into the general funds of the county.
Amended by 2018 Ga. Laws 405,§ 1-13, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-14 - [Repealed] Sheriffs to act as administrators when probate judge is superior court clerk in absence of county administrator

Amended by 2018 Ga. Laws 405,§ 1-14, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-15 - [Effective Until 7/1/2025] Council of Probate Court Judges of Georgia

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2018 Ga. Laws 405,§ 1-15, eff. 7/1/2018.
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 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-15 - [Effective 7/1/2025] Council of Probate Court Judges of Georgia

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Any person elected or appointed as a probate court judge shall provide written notification to The Council of Probate Court Judges of Georgia of such within 30 days of the date of the election or appointment. Any probate court judge who resigns, retires, or is removed from office shall provide written notification to The Council of Probate 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 Probate 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 584,§ 4, eff. 7/1/2025.
Amended by 2018 Ga. Laws 405,§ 1-15, eff. 7/1/2018.
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 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-16, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 15-9-17 - Serving a minor or incapacitated adult

(a)
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:
(1)
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
(2)
Serving the guardian of such minor or incapacitated adult if such guardian:
(A)
Acknowledges receipt of such service; and
(B)
Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult.
(b)
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.
(c)
As used in this Code section, the term "guardian" shall have the same meaning provided in Code Section
53-1-2
.
Amended by 2020 Ga. Laws 508,§ 2-15, eff. 1/1/2021.
Amended by 2018 Ga. Laws 405,§ 1-17, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 1 - GENERAL PROVISIONS (§§ 15-9-1 — 15-9-18) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-18, eff. 7/1/2018.
Amended by 2015 Ga. Laws 74,§ 8-4, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 7, eff. 7/1/2008.
Amended by 2003 Ga. Laws 32, § 4, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 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
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.3 - Jurisdiction over Game and Fish Code misdemeanor violations

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any law specified in Title 27 which is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b)
A probate 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.
Amended by 2015 Ga. Laws 166,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.4 - Jurisdiction over violations of Code Section 12-3-10 involving parks, historic sites, and recreational areas

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating the provisions of Code Section
12-3-10
. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b)
A probate 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.5 - Jurisdiction over certain violations of "Georgia Boat Safety Act."

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate 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 Article 1 of Chapter 7 of Title 52, known as the "Georgia Boat Safety Act," which constitutes a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b)
A probate 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 probable 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.6 - Jurisdiction over certain drug and alcohol offenses

(a)
Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section
40-13-21
shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses:
(1)
Possession of one ounce or less of marijuana, in accordance with Code Sections
16-13-2
and
16-13-30
; and
(2)
Any violation of paragraph (2) of subsection (a) of Code Section
3-3-23
which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.
(b)
The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.
(c)
A probate 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 probable 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.7 - Jurisdiction over certain cases involving litter

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate 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.
(b)
A probate 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.
Added by 2006 Ga. Laws 538,§ 3-5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.8 - Jurisdiction over certain cases involving operation of off-road vehicle

In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Chapter 7 of Title 40 and to impose civil penalties for such violations as provided by Code Section
40-7-6
.
Added by 2010 Ga. Laws 365,§ 2-1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-30.9 - Jurisdiction over certain animal control cases

(a)
In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Article 2 of Chapter 8 of Title 4 and to impose:
(1)
Civil penalties for such violations, other than euthanasia; and
(2)
Criminal penalties for such violations as provided by Code Section
4-8-32
.
(b)
An appeal from a decision by an animal control board or local board of health pursuant to subsection (f) of Code Section
4-8-23
shall lie in probate court. No appeal shall be heard in probate court until costs which have accrued in the tribunal below have been paid, unless the appellant files with the probate court or with the tribunal appealed from an affidavit stating that because of indigence he or she is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the probate court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply with the court's direction.
(c)
Filing of the notice of appeal and payment of costs or filing of an affidavit as provided in subsection (b) of this Code section shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, that the probate court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary unless the appellant files with the court an affidavit stating that because of indigence he or she is unable to give bond.
Added by 2014 Ga. Laws 554,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-31 - Authority of judge of probate court to grant administration

The judge of the probate court can grant administration only on the estate of a person who was:
(1)
A resident at the time of his death of the county where the application is made; or
(2)
A nonresident of the state, with property in the county where the application is made or with a bona fide cause of action against some person therein.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-32 - Jurisdiction over estate of nonresident with property or cause in several counties

When a nonresident decedent has property or a cause of action in more than one county, letters of administration may be granted in any county in which such property or cause of action is located. The judge of the probate court who first grants such letters acquires exclusive jurisdiction.