reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 13 - OFFICERS OF COURT GENERALLY (§§ 15-13-1 — 15-13-36) › Article 2 - FEES (§§ 15-13-30 — 15-13-36) › Section 15-13-36 - Restrictions on charging prosecuting attorneys fees for certified copies of records

No clerk of any superior court or state court shall charge any fee for providing any certified copy of any record or portion thereof requested by a prosecuting attorney in this state for use in any criminal case.
Amended by 2012 Ga. Laws 599,§ I-1-30, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-1 - Power of superior court judges to appoint and remove; oath; duties

The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter, as defined in Article 2 of this chapter, for the courts of their respective circuits. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of the court reporter by law. It shall be the court reporter's duty to attend all courts in the circuit for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-2 - Power of city court judges to appoint; compensation

(a)
The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an official court reporter, as defined in Article 2 of this chapter, whose compensation for reporting criminal and civil cases and for attendance upon court shall be the same as provided by the Judicial Council pursuant to Code Section
15-5-21
. The court reporter reporting and transcribing civil cases shall be paid by the party or parties requesting the reporting or transcribing.
(b)
This Code section shall not apply to the city courts of this state where provision has been made by law prior to February 13, 1950, for the appointment of the official reporters of city courts.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-3 - Power of division judges to appoint and remove; oath; duties

Each of the judges of the superior and city courts in all circuits where there may be more than one division, whether the same is civil or criminal, shall appoint and at such judge's pleasure remove a court reporter, as defined in Article 2 of this chapter, for such judge's respective division. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required. It shall be the court reporter's duty to attend all sessions of the court for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-4 - Additional court reporters; typists; equipment

(a)
In all judicial circuits of this state in which nine or more superior court judges are provided by law, the judges of such circuits shall have the power to appoint, in addition to those court reporters already authorized by law, such additional court reporters as each judge deems necessary or proper to report and transcribe the proceedings of the court over which he presides, such court reporters to have the same qualifications and to be paid in the same manner as is provided by law.
(b)
In addition thereto, each of the judges of such circuits shall have the power, with the approval of the county commissioners, to employ such typists as he may deem necessary or proper to aid in the recording or transcribing of the proceedings of the court; the compensation of the typists is declared to be an expense of court and payable out of the county treasury as such.
(c)
In the aforesaid circuits each of the judges shall have the power to purchase such recording machines and equipment as he may deem necessary or proper to aid in the transaction of the business of the court and to order payment therefor out of the county treasury as an expense of court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-5 - Duty to transcribe; certificate

It shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law whenever requested so to do by counsel for any party to such case and upon being paid the legal fees for such transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto a certificate signed by him reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, the transcript so certified shall be presumed to be true, complete, and correct.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-6 - Contingent expense and travel allowance; notification of appointments and removals

(a)
The Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law.
(b)
The amounts payable per month under this Code section to superior court reporters as contingent expense and travel allowance shall be as follows:
(1) For reporters of judicial circuits consisting of only one county.................................
$ 160.00
(2) For reporters of judicial circuits consisting of two counties.....................................
280.00
(3) For reporters of judicial circuits consisting of three counties...................................
400.00
(4) For reporters of judicial circuits consisting of four counties....................................
520.00
(5) For reporters of judicial circuits consisting of five counties....................................
640.00
(6) For reporters of judicial circuits consisting of six or more counties.......................
760.00
Any person who is a duly appointed reporter for the superior courts in more than one judicial circuit shall receive only one contingent expense and travel allowance, in the amount provided for the circuit consisting of the largest number of counties in which he or she is so appointed.
(c)
The contingent expense and travel allowance provided by this Code section shall be paid from the appropriations made by the General Assembly for the cost of operating the superior courts. The duly appointed reporters are declared to be officers of the superior courts.
(d)
Annually during the month of January the judge or chief judge of each judicial circuit shall certify to The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment.
(e)
All laws enacted before April 5, 1961, applicable to any circuit or counties of this state and governing the compensation of court reporters therein shall remain in full force and effect.
Amended by 2023 Ga. Laws 61,§ 1, eff. 7/1/2023.
Amended by 2008 Ga. Laws 564,§ 6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 1 - GENERAL PROVISIONS (§§ 15-14-1 — 15-14-7) › Section 15-14-7 - Destruction of notes; how authorized; petition; grounds; notice; order

(a)
Upon petition, the judge of a superior court, city court, or any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, may authorize destruction of a court reporter's notes taken of the evidence and other proceedings in civil actions in that court, subject to this Code section.
(b)
The court reporter or other person in whose custody the notes are kept shall file a written petition in the court in which the trial was conducted requesting an order authorizing destruction of notes taken during the trial. The petition shall specify the name of the court reporter, the name of the person in whose custody the notes are kept if other than the court reporter, the place at which the notes are kept, and the names and addresses of the parties to the action or, if the address of a party is unknown, the name and address of counsel to that party if such is known.
(c)
The petition shall certify one of the following:
(1)
That the action is a civil action in which no petition for review has been filed, that the court reporter has not been requested or ordered to transcribe the evidence and other proceedings, and that a period of not less than 37 months has elapsed since the last date upon which a petition for review in the action could have been filed; or
(2)
That the action is one in which the court reporter has been requested or ordered pursuant to law to transcribe the evidence and other proceedings, that the record has been transcribed, and that a period of not less than 12 months has elapsed from the date upon which the remittitur from the appeal has been docketed in the trial court.
(d)
When a petition for the destruction of notes is filed pursuant to this Code section, the court shall cause due notice of the petition and the grounds therefor to be given to each party to the action or, if the address of a party is unknown, to the counsel to the party if such is known.
(e)
Not less than 30 days after receipt of a petition pursuant to this Code section, the court shall authorize destruction of the specified notes unless such destruction, in the court's judgment, would impair the cause of justice or fairness in the action.
Amended by 2022 Ga. Laws 875,§ 2-11, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-20 - Short title

This article shall be known and may be cited as "The Georgia Court Reporting Act."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-21 - Purpose

It is declared by the General Assembly that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts; and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the state government. Therefore, in recognition of these principles, the purpose of this article is to act in aid of the judiciary so as to ensure minimum proficiency in the practice of court reporting by recognizing and conferring jurisdiction upon the Judicial Council of Georgia to define and regulate the practice of court reporting.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-22 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Court Reporting of the Judicial Council.
(2)
"Certified court reporter" means any person certified under this article to practice verbatim reporting.
(3)
"Court reporter" means any person who is engaged in the practice of court reporting as a profession as defined in this article. The term "court reporter" shall include not only those who actually report judicial proceedings in courts but also those who make verbatim records as defined in paragraph (4) of this Code section.
(4)
"Court reporting" means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer, or by other means of personal verbatim reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or any board, commission, or other body created by statute, or by the Constitution of this state or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record as defined in this article.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-23 - Judicial Council of Georgia as agency of judiciary for purposes of article

The Judicial Council of Georgia, as created by Article 2 of Chapter 5 of this title, is declared to be an agency of the judicial branch of the state government for the purpose of defining and regulating the practice of court reporting in this state.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-24 - Board of Court Reporting of Judicial Council; creation; composition; term; vacancies; removal

(a)
There is established a board which shall be known and designated as the "Board of Court Reporting of the Judicial Council." It shall be composed of nine members, five members to be certified court reporters, two members to be representatives from the State Bar of Georgia, and two members to be from the judiciary, one to be a superior court judge and one to be a state court judge, each of whom shall have not less than five years' experience in their respective professions. The board shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board.
(b)
Any member of the board may be removed by the Judicial Council after a hearing at which the Judicial Council determines that there is cause for removal.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-25 - Oath of office; filing; certificate of appointment

Immediately and before entering upon the duties of their office, the members of the board shall take the oath of office and shall file the same in the office of the Judicial Council. Upon receiving the oath of office, the Judicial Council shall issue to each member a certificate of appointment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-26 - Chairperson; election; term; rules and regulations

The board shall each year elect from its members a chairperson, whose term shall be for one year, and who shall serve during the period for which elected and until a successor shall be elected. The board shall make all necessary rules and regulations to carry out this article, but the rules and regulations shall be subject to review by the Judicial Council.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-27 - Administrative work as duty of Administrative Office of the Courts; director to serve as secretary of board

The administrative and staff work of the board shall be among the duties of the Administrative Office of the Courts created by Code Section
15-5-22
. The director of the Administrative Office of the Courts or a designee shall serve as secretary of the board and shall perform all duties which may be assigned by either the board or the Judicial Council to implement this article.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-28 - Certificate required

No person shall engage in the practice of verbatim court reporting in this state unless the person is the holder of a certificate as a certified court reporter or is the holder of a temporary permit issued under this article.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-29 - Qualifications for certification; individuals with disabilities

(a)
Upon receipt of appropriate application and fees, the board shall grant a certificate as a certified court reporter to any person who:
(1)
Has attained the age of 18 years;
(2)
Is of good moral character;
(3)
Is a graduate of a high school or has had an equivalent education; and
(4)
Has, except as provided in subsection (b) of this Code section, successfully passed an examination in verbatim court reporting as prescribed in Code Section
15-14-30
.
(b)
Any person who has attained the age of 18 years and is of good moral character, who submits to the board an affidavit under oath that the court reporter was actively and continuously, for one year preceding March 20, 1974, principally engaged as a court reporter, shall be exempt from taking an examination and shall be granted a certificate as a certified court reporter.
(c)
(1)
Reasonable accommodation shall be provided to any qualified individual with a disability who applies to take the examination who meets the essential eligibility requirements for the examination and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board.
(2)
Reasonable accommodation shall be provided to any qualified individual with a disability who applies for certification who meets the essential eligibility requirements for certification and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board or the certification of the individual would pose a direct threat to the health, welfare, or safety of residents of this state.
(3)
The term "disability," as used in paragraphs (1) and (2) of this subsection, means a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-30 - Application for testing; fee; time of examinations; conduct and grading

Every person desiring to commence the practice of court reporting in this state shall file an application for testing with the board upon such form as shall be adopted and prescribed by the board. At the time of making an application the applicant shall deposit with the board an examination fee to be determined by the board. Examinations shall be conducted as often as may be necessary, as determined by the board, provided that examinations must be conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations no later than ten days before the date upon which the examinations are to be given. Examinations shall be conducted and graded according to rules and regulations prescribed by the board.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-31 - Renewal of certificate; fee; automatic revocation of suspended certificate

Every certified court reporter who continues in the active practice of verbatim court reporting shall annually renew the certificate on or before April 1 following the date of issuance of the certificate under which the court reporter is then entitled to practice, upon the payment of a fee established by the board. Every certificate which has not been renewed on April 1 shall expire on that date of that year and shall result in the suspension of the court reporter's right to practice under this article, which suspension shall not be terminated until all delinquent fees have been paid or the court reporter has requalified by testing. After a period to be determined by the board, a suspended certificate will be automatically revoked and may not be reinstated without meeting current certification requirements.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-32 - Use of title or abbreviation

Any person who has received from the board a certificate as provided for in this article shall be known and styled as a certified court reporter and shall be authorized to practice as such in this state and to use such title or the abbreviation "C.C.R." in so doing. No other person, firm, or corporation, all of the members of which have not received such certificate, shall assume the title of certified court reporter, the abbreviation "C.C.R.," or any other words or abbreviations tending to indicate that the person, firm, or corporation so using the same is a certified court reporter.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-34 - Temporary permits

Temporary employment of any person may be possible by obtaining a temporary permit from the board or from a judge in compliance with the rules and regulations of the Board of Court Reporting of the Judicial Council. The scope of the activities of the temporary permit holder shall be as provided in the rules of the board.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-35 - Injunction against violations; remedy cumulative

On the verified complaint of any person or by motion of the board that any person, firm, or corporation has violated any provision of this article, the board, with the consent of the Judicial Council, may file a complaint seeking equitable relief in its own name in the superior court of any county in this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, restraining them from violating this article. Upon proof thereof, the court shall issue the restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the board has no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-36 - Penalties for violations

Any person who:
(1)
Represents himself or herself as having received a certificate or temporary permit as provided for in this article or practices as a certified court reporter, without having received a certificate or temporary permit;
(2)
Continues to practice as a court reporter in this state or uses any title or abbreviation indicating he or she is a certified court reporter, after his or her certificate has been revoked; or
(3)
Violates any provision of this article or of subsection (c) or (d) of Code Section
9-11-28
shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 14 - COURT REPORTERS (§§ 15-14-1 — 15-14-37) › Article 2 - TRAINING AND CERTIFICATION (§§ 15-14-20 — 15-14-37) › Section 15-14-37 - Prohibition against certain contracts for court reporting services; applicability; registration; rules and regulations; fines

(a)
Contracts for court reporting services not related to a particular case or reporting incident between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an action, or agent for an attorney at law, party to an action, or party having a financial interest in an action are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis.
(b)
In order to comply with subsection (a) of this Code section, each certified court reporter shall make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor.
(c)
This Code section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Georgia.
(d)
A court reporting firm doing business in Georgia shall register with the board by completing an application in the form adopted by the board and paying fees as required by the board.
(e)
Each court reporting firm doing business in Georgia shall renew its registration annually on or before April 1 following the date of initial registration, by payment of a fee set by the board.
(f)
Court reporting firms doing business in Georgia are governed by this article. The board shall have authority to promulgate rules and regulations not inconsistent with this article for the conduct of court reporting firms.
(g)
The board is authorized to assess a reasonable fine, not to exceed $5,000.00, against any court reporting firm which violates any provision of this article or rules and regulations promulgated in accordance with this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-1 - "Child support" defined

As used in this chapter, the term "child support" includes all payments for the maintenance and education of dependent minor children which a court of competent jurisdiction has ordered to be paid pursuant to any temporary or final order of support, including payments ordered in actions for separate maintenance, and all payments ordered by a judge to be made in any domestic relations case, including cases of divorce.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-2 - Office of Receiver of Child Support; establishment; appointment of receiver; term; removal; additional employees

(a)
The governing authority of each county within this state is authorized by appropriate resolution to establish an Office of the Receiver of Child Support and to establish the position of child support receiver in accordance with this chapter.
(b)
Upon the establishment of the Office of the Receiver of Child Support, the governing authority of the county shall appoint, for a term of two years and until his successor is appointed and qualified, a child support receiver who shall be the director of the Office of the Receiver of Child Support.
(c)
Where there is not a sufficient caseload to justify a full-time child support receiver in each county, the governing authorities of the counties comprising the judicial circuit may appoint a single individual to serve as child support receiver for all or part of the judicial circuit.
(d)
The child support receiver shall be subject to removal by the governing authority of the county for failure to carry out the orders of the court or for neglect of any duty imposed by the court. The child support receiver shall not engage in the private practice of law.
(e)
The Office of the Receiver of Child Support shall be a local agency of the judicial branch of government within that circuit and the child support receiver shall be an officer of the superior court.
(f)
The governing authority of the county may appoint such additional employees as it may deem necessary.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-3 - Receiver's oath of office and bond; employees' bonds

The child support receiver shall take the oath of office prescribed by Code Section
45-3-1
and shall execute bond with good security in the same amount as is prescribed by law for the clerk of the superior court of such county. The child support receiver shall require that any employee of the office shall likewise execute a bond with good security.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-4 - Duties of child support receiver

It shall be the duty of the child support receiver to:
(1)
Collect all child support payments and such other payments of support as are established by judicial order or by a written agreement of a parent or guardian to furnish support to his minor child, the terms of which specify that support payments are to be paid through the child support receiver;
(2)
Act as trustee for remittance to the person or other party entitled to receive payment for child support;
(3)
Maintain adequate books and records for all payments received and disbursed by the child support receiver in such a manner as to easily determine the type of action in which the payments were ordered, showing the amount of the obligation fixed by the court and the amount of payments credited to each account;
(4)
Notify within 15 days the person entitled to support of any account which is 30 days past due except:
(A)
When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments;
(B)
In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney;
(C)
In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or
(D)
In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement;
(5)
Prepare an annual budget for the Office of the Receiver of Child Support and, after the budget has been approved by the judge or judges of the county or circuit, submit the same to the county or counties affected for their approval; the budget shall be prepared in the form and manner prescribed by the county governing authorities; and
(6)
File a complete financial report of all payments received and all payments disbursed under Article 1 of Chapter 11 of Title 19 by the Office of the Receiver of Child Support with the county department of family and children services. The report shall include the names and addresses of all payors and all payees as well as the amounts paid. The report shall be made on a quarterly basis.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-5 - Fees and costs; disposition; records

(a)
The child support receiver shall be authorized to charge the paying party an additional 5 percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due. The collected fees shall be deposited in the general fund of the county. Records of all such fees shall be maintained in accordance with this chapter.
(b)
In addition to any amounts charged pursuant to subsection (a) of this Code section, the child support receiver shall be required to assess and collect from the paying party all costs of court and service fees of the sheriff in any action initiated by the state. Such costs and fees shall be collected from the paying party with the first child support payment collected. Where a paying party is not financially capable of paying such costs and fees in a single payment, such individuals shall pay a $5.00 installment payment toward such costs and fees with each child support payment until all such court costs and sheriff's fees are paid in full. Said costs, including the sheriff's service fees, shall be paid to the clerk of the superior court who, after making the reports and payments otherwise required by general law, shall pay the remainder into the general fund of the county. All paying parties who have been determined to be indigent by the court shall be exempt from the assessment and collection of court costs and sheriff's service fees until the paying party is no longer found to be indigent.
(c)
Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-6 - Salaries

The chief judge, with the approval of the governing authority of the county or counties affected, shall fix the salary of the child support receiver and any other employees of such office, to be paid from the treasury of the county or counties.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-7 - Office space; expenses

(a)
The child support receiver shall maintain an office within the county courthouse or within other suitable office space provided by the county or counties.
(b)
It shall be the responsibility of the governing authority of the county or counties to budget for all expenses, including rent, utilities, telephone expenses, materials, and supplies, for the Office of the Receiver of Child Support.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 15 - CHILD SUPPORT RECEIVERS (§§ 15-15-1 — 15-15-4.1) › Section 15-15-4.1 - Contempt action by child support receiver when payments not made in accordance with order

Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section
19-6-4
and shall be brought in the court which originally ordered the payment of child support.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-2 - Certain sureties ineligible

A surety for any tax collector or other holder of public money is ineligible for the office of sheriff until all moneys for which he is bound have been paid to the proper authority.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-4 - Oath of office

Before entering on the duties of their office the sheriffs shall take and subscribe, in addition to the oath required of all civil officers, the following oath before the judge of the superior court or the judge of the probate court:
"I do swear that I will faithfully execute all writs, warrants, precepts, and processes directed to me as sheriff of this county, or which are directed to all sheriffs of this state, or to any other sheriff specially, which I can lawfully execute, and true returns make, and in all things well and truly, without malice or partiality, perform the duties of the office of sheriff of __________________ County, during my continuance therein, and take only my lawful fees. So help me God."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-4.1 - Actions in violation of oath

Without limiting the generality of the oath set out in Code Section
15-16-4
, it shall be a violation of a sheriff's oath of office for any sheriff to engage either directly or indirectly in a private security, private investigation, bail bonding, or wrecker towing business in the county in which the sheriff has jurisdiction. As used in this Code section, "engaging indirectly" in such a business shall include the engagement in a prohibited business by the spouse or an unemancipated child of a sheriff.
Added by 2003 Ga. Laws 62, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-5 - Required bond

The sheriffs shall give a bond in the sum of $25,000.00, which amount may be increased in any county by local Act, conditioned for the faithful accounting for all public and other funds or property coming into the sheriffs' or their deputies' custody, control, care, or possession.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-6 - Examination and approval of bond

(a)
The bond given by the sheriff shall be approved by the judge of the probate court and then deposited in the office of the clerk of the superior court until the first session of that court thereafter, when the presiding judge shall examine the bond. If it has been taken in conformity to the law and if the sureties thereon are sufficient, the judge shall so declare by order and shall have the bond and order entered on the minutes of the court. If the bond has not been taken in conformity to the law, the sheriff shall give other bond, which the judge of the superior court is authorized to take and have entered on the minutes.
(b)
If a new term of the superior court is begun in the county before the judge of the probate court has approved the sheriff's bond, the judge of the superior court may approve it in the first instance, being careful to take the opinion of the judge of the probate court as to the solvency and sufficiency of the surety.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-7 - Recordation and filing of bond

When the sheriff's bond has been approved by the judge of the probate court and before it is deposited in the clerk's office, it shall be recorded in the office of the judge of the probate court and, after being passed upon by the judge of the superior court, it shall be returned to the office of the judge of the probate court and filed by him. If the judge of the superior court compels the sheriff to give a new bond, after the bond has been approved and entered on the minutes it shall be filed in the office of the clerk of the judge of the probate court and shall be recorded therein without further approval.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-8 - How vacancies filled; failure to appoint; certification required

(a)
Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled by the chief deputy sheriff if a chief deputy has been appointed. In any county in which a chief deputy sheriff has not been appointed, the probate judge shall, within three days of the vacancy, appoint a qualified person to serve as the interim sheriff.
(b)
(1)
If less than six months of the sheriff's term of office remains at the time the vacancy occurs, the chief deputy sheriff or the interim sheriff, as the case may be, shall hold office for the unexpired term of the sheriff.
(2)
If more than six months of the sheriff's term of office remains at the time the vacancy occurs, the election superintendent for the county shall call a special election to fill such vacancy. Such official shall give notice in one or more of the public newspapers of the county, if any; in the official legal organ of the county; 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 such special election. Such special election shall be held at the next available special election date provided in Code Section
21-2-540
that is at least 60 days after the date the vacancy occurred. The person elected at such special election shall hold office for the unexpired term. The election shall be conducted in accordance with Chapter 2 of Title 21.
(c)
Notwithstanding the provisions of Code Section
45-5-1
, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section.
Amended by 2012 Ga. Laws 692,§ 1, eff. 7/1/2012. See also Version 2, amended by 2012 Ga. Laws 599,§ II-2-6, eff. 7/1/2012.
Amended by 2005 Ga. Laws 100,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-9 - Sheriff's office

Sheriffs must keep their offices at the same places and on the same terms as clerks of the superior court are required to do.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-11 - [Repealed] Disposition of books

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-31, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-12 - Retention of newspapers

The sheriff of each county is authorized to enter into agreements with the judge of the probate court or the clerk of the superior court of the county, or both, relative to the retention of newspapers or copies thereof.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-14 - Administration of oaths

Sheriffs and their legal deputies may administer oaths in all cases where, in discharge of the duties of the office of sheriff, it is legal for them to take bond and security or any affidavit which by law suspends the further execution of process in their hands. Such oaths, when so taken, shall be as legal and binding and subject to the same penalty as to perjury as are oaths when administered by any other officer.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-15 - Entries and returns amendable

The sheriff or other executing officer may amend his official entries and returns so as to make the entries and returns conform to the facts of the case at the time the entries or returns were made.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-16 - Entries and returns nunc pro tunc

If the sheriff or other executing officer fails to make an official return which by law he should have made, the entry or return may be made nunc pro tunc by order of the court, so as to make the proceedings conform to the facts at the time the entry should have been made.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-18 - Purchase at own sale not permitted

No sheriff or deputy or other officer discharging a similar duty shall be permitted to purchase any property whatever at his own sale, either upon his own bid or upon the bid of any other person for him, directly or indirectly. All such sales and deeds in pursuance thereto, intended to vest in such officer the title to the property so purchased, shall be null and void.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-19 - Fee system abolished; salary

(a)
The fee system of compensating the sheriffs of the various counties in this state or the fee system supplemented by a salary is abolished. No sheriff shall receive as any portion of his compensation for his services as such any fees, fines, forfeitures, costs, commissions, emoluments, or perquisites of any nature whatsoever.
(b)
The sheriffs shall receive no compensation except that compensation which shall be in the nature of an annual salary to be fixed by law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 16 - SHERIFFS (§§ 15-16-1 — 15-16-59) › Article 1 - GENERAL PROVISIONS (§§ 15-16-1 — 15-16-28) › Section 15-16-20.1 - Additional salary

In addition to the minimum salary provided in Code Section
15-16-20
, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $385.90 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive such salary for up to two courts. Such salaries shall not be eligible for increase for any state cost-of-living or general performance based increases.
Amended by 2024 Ga. Laws 506,§ 1, eff. 7/1/2024.
Amended by 2019 Ga. Laws 310,§ 7, eff. 1/1/2021.
Amended by 2006 Ga. Laws 649,§ 9, eff. 7/1/2006.
Amended by 2001 Ga. Laws 291, § 13, eff. 1/1/2002.