reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-77.4 - Additional divorce case filing fee for Children's Trust Fund

(a)
In addition to any fees required in Code Sections
15-6-77
and
47-14-51
, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
(b)
When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
(c)
The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section
15-6-77
.
Amended by 2019 Ga. Laws 231,§ 6, eff. 1/1/2020.
Amended by 2014 Ga. Laws 669,§ 15, eff. 4/29/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-78 - Veterans not to be charged for recordation of discharge certificates

(a)
All clerks of the superior courts are prohibited from charging any veteran a fee for recording his discharge certificate pursuant to Code Section
15-6-72
.
(b)
In all counties where the clerk of a superior court is exclusively on a fee basis, the clerk shall be paid the sum of $1.50 for each discharge certificate recorded by him. This sum is to be paid out of the county treasury by the proper county fiscal authority on the first day of each month, based on the number of discharge certificates filed and recorded by the clerk during the preceding month.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-79 - [Repealed] Payment of unpaid costs in felony cases

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-17, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-80 - Payment of transcript costs to clerk before transmittal

In all cases certified to the appellate courts, the costs for preparing the transcript of the record shall be paid by the appellant to the clerk before the same is transmitted unless the judge presiding over the case being appealed approves an affidavit submitted to the judge by the appellant certifying that the appellant is unable to pay such costs or upon the appellant providing adequate security for such costs.
Amended by 2012 Ga. Laws 599,§ I-1-18, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-81 - Failure to perform duty punishable as contempt

Any clerk of the superior court who fails to perform any duty or to exercise any authority set forth in this article is subject to be fined for each offense by the presiding judge as for a contempt of court, on information of any party aggrieved, of which the clerk shall have notice in writing.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-83 - Clerk's liability

If any of the clerks of the superior courts receive any money on any action or judgment from their courts, or otherwise, and do not faithfully account for it, they are liable to rule as sheriffs are, and they and their sureties are likewise liable on their official bonds.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-84 - Clerk's liability after retirement

The clerks of the superior courts are subject to the rule and order of their respective courts after their retirement from office, as sheriffs are.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-87 - Furnishing of fixtures, supplies, and equipment to clerk

(a)
The county governing authority shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the office of clerk of superior court.
(b)
All provisions of law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certification, and furnishing of copies of records, including certified copies, and those provisions relating to the amount of fees of officers in connection therewith, as far as may be consistent with this Code section, shall apply to such digital, photographic, and electronic records and copies.
Amended by 2012 Ga. Laws 599,§ I-1-21, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-87.1 - [Repealed] Participation in state-wide county computerized information network; authorized fees

Repealed by 2012 Ga. Laws 599,§ I-1-22, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-88.1 - [Repealed] Adjustment of schedule for certain counties containing federal land

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-23, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-88.2 - Monthly contingent expense allowance schedule for the clerk's office

In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the superior court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:
Population
Minimum Monthly Expenses
-----
-------
0 - 11,889
$ 100.00
11,890 - 74,999
200.00
75,000 - 249,999
300.00
250,000 - 499,999
400.00
500,000 or more
500.00
Amended by 2015 Ga. Laws 9,§ 15, eff. 3/13/2015.
Added by 2001 Ga. Laws 291, § 2, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-89 - Additional remuneration for certain services

In addition to the minimum salary provided in Code Section
15-6-88
or any other salary provided by any applicable general or local law, each clerk of superior court of any county who also serves as clerk of a state court, court classified as a municipal court but funded through appropriations of the county governing authority, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section
15-12-1.1
shall receive for his or her services in such other court a salary of not less than $385.90 per month, to be paid from the funds of the county. In the event any such court for which a clerk of superior court is serving as clerk is abolished, the clerk of superior court shall not be entitled to any salary heretofore received for service in such court.
Amended by 2019 Ga. Laws 310,§ 2, eff. 1/1/2021.
Amended by 2012 Ga. Laws 599,§ I-1-24, eff. 7/1/2012.
Amended by 2011 Ga. Laws 50,§ 1-4, eff. 7/1/2011.
Amended by 2006 Ga. Laws 649,§ 2, eff. 7/1/2006.
Amended by 2001 Ga. Laws 291, § 3, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-90 - Longevity increases; operational expenses; local laws

(a)
The amounts provided in subsection (a) of Code Section
15-6-88
and Code Sections
15-6-89
and
15-10-105
, as increased by subsection (b) of Code Section
15-6-88
, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any clerk after December 31, 1976, effective the first day of January following the completion of each such period of service.
(b)
The minimum salaries provided for in Code Sections
15-6-88
and
15-6-89
, this Code section, and Code Section
15-6-91
shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in such Code sections.
(c)
This Code section shall not be construed to affect any local legislation, except where such local legislation provides for a salary lower than the salary provided in Code Sections
15-6-88
and
15-6-89
, this Code section, and Code Section
15-6-91
, in which event such Code sections shall prevail.
(d)
Code Sections
15-6-88
and
15-6-89
, this Code section, and Code Section
15-6-91
shall not be construed to reduce the salary of any clerk of superior court presently in office.
Amended by 2012 Ga. Laws 599,§ II-2-4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-91 - Effect of salary provisions on local legislation

All local legislation in effect on April 1, 1973, or enacted subsequent to April 1, 1973, and affecting compensation for clerks of superior courts of the various counties shall be of full force and effect except where such local legislation provides for a salary lower than the salary provided in Code Sections
15-6-88
through
15-6-90
and this Code section, in which event such Code sections shall prevail.
Amended by 2012 Ga. Laws 599,§ II-2-5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-92 - [Repealed] Continuation of fee system

Deleted and reserved by 2012 Ga. Laws 599,§ I-1-25, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-93 - Office hours

(a)
The office of each clerk of superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours, unless such office has less than two employees, in which case such office shall be permitted to be open from at least 8:00 A.M. until noon and from at least 1:00 P.M. until 5:00 P.M.
(b)
Any office of clerk of superior court which is open for operation on Saturday may close on one day Monday through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of clerk of superior court to be open on any public holiday, legal holiday, day of rest, or other similar time that is recognized and designated as such by Georgia law or by the governing authority of the county.
(c)
This Code section shall only apply to the office of clerk of superior court if there is employed in that office at least one employee other than the clerk.
(d)
In any county of this state having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices.
(e)
Nothing in this Code section shall be construed to require the office of clerk of superior court to be open if all other county offices are closed because of inclement weather or any other reason.
(f)
When it is necessary for the clerk of superior court to conduct necessary training of employees, the clerk may close his or her office for up to eight hours during any six-month period, provided that he or she gives at least ten days' notice to the public, or sooner with the approval of the chief judge of the superior court, prior to such closing, and provided, further, that there are no proceedings scheduled in superior court during the time of the closing. Proceedings shall include all civil or criminal hearings or trials, whether or not a jury is required.
(g)
When the clerk's office is closed for training purposes, the period of closure shall be deemed a legal holiday for such office and, therefore, all deadlines provided for by law for filing in the clerk's office any pleading, process, summons answer, or other document shall be extended to the next regular business day of the clerk's office. "Business day" means a day on which the clerk's office is open for business and shall not include any Saturday, Sunday, or legal holiday officially observed by the office as provided in this Code section.
Amended by 2014 Ga. Laws 488,§ 2, eff. 7/1/2014.
Amended by 2012 Ga. Laws 599,§ I-1-26, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-95 - Priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court

Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute such sums in the order of priority set forth below:
(1)
The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund;
(2)
The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia;
(3)
The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia;
(4)
The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section
15-21-149
and the amount provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust Fund under Code Section
15-21-151
;
(5)
The balance of the base fine owed to the county;
(6)
The amounts provided for in Code Section
15-21-93
for jail construction and staffing;
(7)
The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section
15-21-73
;
(8)
The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section
15-21-73
;
(9)
The amount provided for in Code Section
15-21-131
for funding local victim assistance programs;
(10)
The amount provided for in Code Section
36-15-9
for county law libraries;
(11)
The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section
15-21-112
;
(12)
The amount provided for in Code Section
15-21-100
for the Drug Abuse Treatment and Education Fund;
(13)
The amount provided for in Code Section
15-21-208
for the Safe Harbor for Sexually Exploited Children Fund;
(14)
The amounts provided for in subsection (d) of Code Section
42-8-34
; and
(15)
The application fee provided for in subsection (c) or (e) of Code Section
15-21A-6
.
Amended by 2020 Ga. Laws 553,§ 1, eff. 8/3/2020.
Amended by 2015 Ga. Laws 95,§ 3-2, eff. on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund.
Amended by 2015 Ga. Laws 98,§ 3-13, eff. 7/1/2015.
Amended by 2013 Ga. Laws 33,§ 15, eff. 4/24/2013.
Amended by 2012 Ga. Laws 718,§ 2, eff. 7/1/2012.
Amended by 2008 Ga. Laws 729,§ 5, eff. 7/1/2008.
Amended by 2005 Ga. Laws 401,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-96 - Clerk as custodian of records; contracts to market records or computer generated data for profit

The clerk of the superior court is the custodian of the records of his or her office. Any contract to distribute, sell, or otherwise market records or computer generated data of the office of the clerk of the superior court for profit shall be made by the clerk of the superior court. If the clerk of the superior court also serves as the clerk of any other court, the provisions of this Code section shall be applicable to the records and data of such other court. A report summarizing contracts entered into pursuant to this Code section along with any revenues received therefrom shall be prepared by the clerk of the superior court and submitted to the governing authority of the county on a monthly basis.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-97 - State-wide uniform automated information system; additional powers and duties of Georgia Superior Court Clerks' Cooperative Authority

(a)
The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development and implementation of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall have authority to implement rules and regulations necessary to develop and implement the system described in this Code section.
(b)
The Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1)
To provide for the collection of moneys;
(2)
To manage, control, and direct such funds and the expenditures made therefrom;
(3)
To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Cooperative Authority in its discretion shall determine will best further the public purpose of the authority; and
(4)
To exercise all other powers necessary for the development and implementation of the system provided for in this Code section.
Amended by 2012 Ga. Laws 604,§ 2, eff. 7/1/2012.
Amended by 2009 Ga. Laws 47,§ 2, eff. 7/1/2009.
Amended by 2006 Ga. Laws 624,§ 2, eff. 7/1/2006.
Amended by 2004 Ga. Laws 622, § 2, eff. 5/17/2004.
Amended by 2002 Ga. Laws 834, § 5, eff. 5/13/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-97.1 - [Repealed] Civil case information system; funding

Repealed by 2017 Ga. Laws 240,§ 2-7, eff. 1/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-97.2 - Maintenance of uniform automated electronic information system for carbon sequestration registry

(a)
The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall maintain a state-wide uniform automated electronic information system for purposes of the carbon sequestration registry established under Article 5 of Chapter 6 of Title 12. In furtherance of such purpose, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. Standardized forms used for registry reporting purposes shall be established by the State Forestry Commission in accordance with Code Section
12-6-229
.
(b)
For purposes of this Code section, the Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1)
To establish such registration and transaction fees to be charged and collected by the clerks of superior courts and the portion thereof that shall be remitted to the authority, in such amounts as are reasonable and necessary to offset the costs of administering and maintaining the electronic information system for the registry, and to provide for the collection of moneys;
(2)
To manage, control, and direct such funds as are remitted to the authority and the expenditures made therefrom;
(3)
To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Cooperative Authority in its discretion shall determine will best further the public purpose of the registry;
(4)
To adopt rules and regulations; and
(5)
To exercise all other powers necessary for maintenance of the electronic information system for the registry.
Added by 2004 Ga. Laws 471, § 4, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-97.3 - Revision of automated information system for state tax execution data; regulatory authority

(a)
The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall revise the state-wide uniform automated information system for real and personal property records as provided for in Code Section
15-6-97
to provide for the inclusion in such system functionality as provided in this Code section for state tax executions and renewed state tax executions electronically filed with clerks of superior court as provided for in Article 2 of Chapter 3 of Title 48.
(b)
As used in this Code section, the term "state tax execution" shall be inclusive of the term "renewed state tax execution."
(c)
Effective January 1, 2018, the state-wide uniform automated information system for real and personal property records shall be revised to provide the following function and utility related to state tax executions:
(1)
An electronic link from an index data record of a state tax execution found in the system to the Department of Revenue information management system to provide users access to detailed information and status from the department system. The Department of Revenue shall provide to the authority such electronic linking data elements as may be required by the authority to link filed executions found in the state-wide uniform automated information system for real and personal property records to the matching data on the execution in the Department of Revenue information management system; and
(2)
A searchable electronic filing submission docket or other means which allows a search by direct party name, as provided by the Department of Revenue, for state tax executions which have been submitted to the authority for filing with a clerk of superior court pending the inclusion of final index data for such execution into the Georgia consolidated lien indexes. Search features shall be available for an execution upon its receipt by the authority.
(d)
The Georgia Superior Court Clerks' Cooperative Authority shall have authority to promulgate rules and regulations necessary to develop and implement the provisions of this Code section.
Amended by 2018 Ga. Laws 283,§ 5, eff. 2/20/2018.
Added by 2017 Ga. Laws 257,§ 11, eff. 1/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-98 - Collection and remittal of fees

(a)
The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter.
(b)
From the fees enumerated in division (f)(1)(A)(i) of Code Section
15-6-77
, the Georgia Superior Court Clerks' Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected.
(c)
The sums withheld pursuant to division (f)(1)(A)(i) of Code Section
15-6-77
shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority by each clerk of a superior court for the purpose of effectuating the provisions of this Code section and any other provision of law. Such fees shall be remitted not later than the tenth day of the month following the collection of such fees by the clerk of a superior court.
Amended by 2012 Ga. Laws 604,§ 3, eff. 7/1/2012.
Amended by 2009 Ga. Laws 47,§ 3, eff. 7/1/2009.
Amended by 2006 Ga. Laws 624,§ 3, eff. 7/1/2006.
Amended by 2004 Ga. Laws 622, § 3, eff. 5/17/2004.
Amended by 2002 Ga. Laws 834, § 5, eff. 5/13/2002.
Amended by 2002 Ga. Laws 834, § 4, eff. 5/13/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-99 - Re-creation of grantor and grantee indexes

(a)
The Georgia Superior Court Clerks' Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in Code Section
15-6-97
. The number of prior year indexes to be re-created shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index.
(b)
Re-creation of such grantor and grantee indexes shall be accomplished by using only the existing index in each county and the information shown in such indexes. No other sources of information shall be reviewed.
(c)
The re-created indexes shall be in the format and file structure as designed and adopted by the Georgia Superior Court Clerks' Cooperative Authority for the state-wide uniform automated information system. The re-created indexes shall contain only the information from the existing county indexes which is applicable to and complies with such format and file structure for the state-wide uniform automated information system.
(d)
Re-creation of such indexes shall include conforming the indexing of grantor and grantee names, as determined by the Georgia Superior Court Clerks' Cooperative Authority, to be in a consistent and standard manner for the state-wide uniform automated information system. A conversion summary of such names being conformed on a county by county basis shall be maintained by the authority, and a copy of such summary shall be furnished for information purposes only to each county with the re-created county index.
(e)
The original county indexes shall not be altered or changed in any manner or by any process as a result of the re-creation of any grantor and grantee index, and such re-created index shall be clearly and distinctly labeled to identify it separately from the original county index. Any re-created index shall not replace the original county index as such index was originally recorded by the clerk of the superior court for any point in time.
(f)
A clerk of the superior court, the Georgia Superior Court Clerks' Cooperative Authority, or an authorized agent of the authority shall not suffer any liability as a result of the required cooperation authorized and provided for between the parties by this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 6 - SUPERIOR COURTS (§§ 15-6-1 — 15-6-100) › Article 2 - CLERKS OF SUPERIOR COURTS (§§ 15-6-50 — 15-6-100) › Section 15-6-100 - Clerk's expenditure of funds

No agreement by a clerk to acquire services, supplies, or equipment authorized by this article that requires expenditure of county funds may be entered into unless the funds to be obligated are included in the budget of the county for the operation of the clerk's office at the time of the execution of such agreement.
Added by 2012 Ga. Laws 599,§ I-1-27, eff. 7/1/2012.
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 1 - GENERAL PROVISIONS (§§ 15-7-1 — 15-7-5) › Section 15-7-1 - "State court" defined

As used in this chapter, the term "state court" shall mean any court created pursuant to the provisions of this chapter or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia.
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 1 - GENERAL PROVISIONS (§§ 15-7-1 — 15-7-5) › Section 15-7-2 - Creation of state courts

The General Assembly may by local law create a state court in any county or counties of this state in which there is no state court, and such court shall be the "State Court of (whatever county or counties in which the court is located)."
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 1 - GENERAL PROVISIONS (§§ 15-7-1 — 15-7-5) › Section 15-7-3 - Applicability of chapter; conflicts with local laws

This chapter shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there is a conflict between this chapter and the local law creating the state court, this chapter shall take priority and shall be controlling.
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 1 - GENERAL PROVISIONS (§§ 15-7-1 — 15-7-5) › Section 15-7-4 - Jurisdiction; authority of state court judges

(a)
Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters:
(1)
The trial of criminal cases below the grade of felony;
(2)
The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts;
(3)
The hearing of applications for and the issuance of arrest and search warrants;
(4)
The holding of courts of inquiry;
(5)
The punishment of contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and
(6)
Review of decisions of other courts as may be provided by law.
(b)
Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with other courts having such jurisdiction, over possession of one ounce or less of marijuana, in accordance with Code Sections
16-13-2
and
16-13-30
.
(c)
Each judge of the state court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed.
Amended by 2021 Ga. Laws 202,§ 1-2, eff. 5/4/2021.
Amended by 2013 Ga. Laws 173,§ 2, eff. 7/1/2013.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-20 - Number of and work status of judges determined by local law; elections

(a)
The General Assembly shall by local law establish the number of judges for each state court and shall establish whether the judge or judges shall be full-time judges or part-time judges.
(b)
Judges of the state court shall be elected by the qualified electors of the county or counties in which the court is located, shall be elected on a nonpartisan basis as provided by law, and shall serve for a term of four years.
(c)
Elections shall be held at the general election in the year in which the incumbent's term expires, and judges so elected shall take office on the first day of January following such election. The judges of the state courts shall be commissioned by the Governor and, before entering office, shall take the same oaths which judges of the superior courts must take.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-21 - Qualifications; restrictions on practice of law; removal, discipline, and involuntary retirement

(a)
(1)
Except as provided in paragraph (2) of this subsection, each judge of the state court shall:
(A)
Be a resident of the geographic area in which he or she is selected to serve;
(B)
Have been a resident of the state for three years next preceding the beginning of his or her term of office;
(C)
As of the date on which his or her term of office begins, be at least 25 years of age;
(D)
Have been admitted to practice law for seven years; and
(E)
Be a member in good standing with the State Bar of Georgia and have been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
(2)
If, at the expiration of the qualifying period for the general nonpartisan primary or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of 15 days, and any individual may qualify who:
(A)
will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and
(B)
meets all requirements, other than the residency requirement specified in subparagraph (A) of paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge. If such individual is elected to the office of state court judge, he or she may thereafter qualify for reelection to such office as long as he or she continues to reside within the judicial circuit containing the geographic area in which the judge is to serve and otherwise meets the requirements of paragraph (1) of this subsection.
(b)
A full-time judge of the state court shall not engage in the private practice of law. A part-time judge of the state court may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any matter as to which that judge has exercised any jurisdiction.
(c)
Judges of the state courts shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia.
(d)
The office of any judge of the state court shall be vacated upon the disbarment or suspension from the practice of law of such judge by the Supreme Court whether voluntary or involuntary and upon order of the Supreme Court providing for such removal from office.
Amended by 2017 Ga. Laws 48,§ 2, eff. 7/1/2017.
Amended by 2002 Ga. Laws 947, § 1, eff. 7/1/2002.
Amended by 2001 Ga. Laws 166, §1, eff. 7/1/2001.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-22 - Compensation

Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that 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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-23 - Filling vacancies

In the event of a vacancy in the office of judge of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-24 - Ordered military duty

(a)
Any judge of state court who is performing ordered military duty, as defined in Code Section
38-2-279
, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such judge was elected.
(b)
Where the giving of written notice of candidacy is required, any judge of state court who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official.
Added by 2008 Ga. Laws 555,§ 3, eff. 5/12/2008.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-25 - Service by retired judge or judge emeritus

(a)
Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be authorized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emeritus of the state court shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law. When serving in such capacity, the retired judge or judge emeritus shall receive the amount of compensation and payment of expenses as provided by subsection (d) of Code Section
15-1-9.2
, with such expenses being borne by the governing authority responsible for funding the operation of the requesting court.
(b)
A retired judge or a judge emeritus of a state court shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.
(c)
Except as otherwise provided in the Constitution of this state, a judge of a state court shall be authorized to serve as judge of any other state court, but only upon the call of the judge of such other state court. When serving in a state court other than his own, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law.
(d)
Any retired judge or judge emeritus of a state court may issue arrest warrants and search warrants in the same manner as an active judge of state court if the retired judge or judge emeritus is authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.
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 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-26 - [Effective Until 7/1/2025] The Council of State Court Judges of Georgia

(a)
There is created a state court judges' council to be known as "The Council of State Court Judges of Georgia." The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws.
(b)
It shall be the purpose of The Council of State Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the state courts, the quality and expertise of the judges thereof, and the administration of justice.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
The Judicial Council of Georgia and its Administrative Office of the Courts shall provide technical services to the council and shall assist the council's composition in complying with all its legal requirements. Such requirements shall include, but shall not be limited to, the transmission of criminal history data not inconsistent with the uniform standards promulgated pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
.
Amended by 2023 Ga. Laws 88,§ 9, eff. 5/1/2023.
Amended by 2002 Ga. Laws 878, § 1, eff. 7/1/2002.
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 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 2 - JUDGES AND SOLICITORS (§§ 15-7-20 — 15-7-26) › Section 15-7-26 - [Effective 7/1/2025] The Council of State Court Judges of Georgia

(a)
There is created a state court judges' council to be known as "The Council of State Court Judges of Georgia." The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws.
(b)
It shall be the purpose of The Council of State Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of the state courts, the quality and expertise of the judges thereof, and the administration of justice.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
The Judicial Council of Georgia and its Administrative Office of the Courts shall provide technical services to the council and shall assist the council's composition in complying with all its legal requirements. Such requirements shall include, but shall not be limited to, the transmission of criminal history data not inconsistent with the uniform standards promulgated pursuant to paragraph (5) of subsection (h) of Code Section
15-5-24.1
.
(e)
Any person elected or appointed as a state court judge shall provide written notification to The Council of State Court Judges of Georgia of such within 30 days of the date of the election or appointment. Any state court judge who resigns, retires, or is removed from office shall provide written notification to The Council of State 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 State 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,§ 3, eff. 7/1/2025.
Amended by 2023 Ga. Laws 88,§ 9, eff. 5/1/2023.
Amended by 2002 Ga. Laws 878, § 1, eff. 7/1/2002.
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 7 - STATE COURTS OF COUNTIES (§§ 15-7-1 — 15-7-85) › Article 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-40 - State courts always open; terms of court

The courts governed by this chapter shall be deemed always open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regularly prescribed by local laws, as now or hereafter amended, creating the individual 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 15-7-41 - Courts of record

The state courts shall be courts of record and shall have a seal; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such 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 15-7-42 - Prosecution for misdemeanors; trials on merits conducted in open court; proceedings allowed in chambers

(a)
The prosecution of misdemeanors may proceed by accusation as provided in Code Section
17-7-71
, citation or citation and arrest as provided for by law, or summons.
(b)
All trials on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom.
(c)
All other proceedings, hearings, and acts not included in subsection (b) of this Code section may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judge of the court may hear motions and enter interlocutory orders, in all cases pending in the court over which he or she presides, in open court or in chambers.
Amended by 2018 Ga. Laws 416,§ 2-2, eff. 7/1/2018.
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 3 - PRACTICE AND PROCEDURE (§§ 15-7-40 — 15-7-50) › Section 15-7-43 - Applicability of rules of practice

(a)
The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts.
(b)
The general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in the state courts.
(c)
The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern in the 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 15-7-44 - Procedure in attachment and garnishment cases

(a)
Procedure in attachment cases shall be subject to Chapter 3 of Title 18.
(b)
Procedure in garnishment cases shall be subject to Chapter 4 of Title 18.