History. Ga. L. 1851-52, p. 50, § 1; Ga. L. 1851-52, p. 91, § 13; Code 1863, § 298; Code 1868, § 358; Ga. L. 1871-72, p. 28, § 1; Code 1873, § 323; Code 1882, § 323; Civil Code 1895, § 4224; Civil Code 1910, § 4782; Code 1933, § 24-1707; Ga. L. 1951, p. 129, § 1; Ga. L. 1969, p. 290, § 1; Ga. L. 1982, p. 2107, § 9; Ga. L. 1983, p. 884, § 3-13; Ga. L. 1994, p. 237, § 2; Ga. L. 2018, p. 356, § 1-10/SB 436.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of the first three sentences of subsection (a) for the former provisions, which read: “Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city or state court, as the case may be, shall serve as the judge and shall be vested with all the powers of the judge. If there is no such chief judge or if for some reason the chief judge cannot serve as judge, the clerk of the superior court of the county shall serve as judge and shall be vested with all the powers of the judge. In the event that the clerk of the superior court, for some reason, cannot serve as judge, the chief judge of the superior court of the county shall appoint a person to serve as judge; such person shall be vested with all the powers of the judge.”; designated the existing provisions of the fourth through sixth sentences of subsection (a) as subsection (c); added subsection (b); deleted former subsection (b), which read: “Reserved.”; and, in subsection (c), in the first sentence, inserted “sole county commissioner or the” near the beginning, substituted “commissioners shall fix the compensation of the individual” for “commissioners or, in those counties which have no commissioners, the chief judge of the superior court shall fix the compensation of the person” in the middle.
Cross references.
Filling of vacancies in public office generally, § 45-5-1 et seq.
Structure Georgia Code
Article 1 - General Provisions
§ 15-9-1.1. Required Training Courses; Attendance Record; Expenses
§ 15-9-2. Eligibility for Judgeship; Restrictions on Fiduciary Role
§ 15-9-3. Restrictions on Practice of Law
§ 15-9-4. Additional Judicial Eligibility Requirements in Certain Counties
§ 15-9-5. When Judge Ineligible for Reelection
§ 15-9-9. When Other Security Ordered; Failure to Comply
§ 15-9-10. Temporary Filling of Vacancy; Order of Priority; Compensation
§ 15-9-11. Special Election to Fill Vacancy; Term of Individual Elected
§ 15-9-12. Disposition of Unfinished Proceedings of Predecessor
§ 15-9-13. Procedure When Judge Unable to Act; Compensation
§ 15-9-15. Council of Probate Court Judges of Georgia
§ 15-9-16. Authority of Retired Judge to Perform Marriage Ceremonies