Georgia Code
Article 1 - General Provisions
§ 15-9-2.1. Appointment, Compensation, Authority, Qualifications, Training, and Other Limitations of Associate Probate Court Judges

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“I do swear that I will well and faithfully discharge the duties of associate judge of the probate court for the County of during my continuation in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God.”
History. Code 1981, § 15-9-2.1 , enacted by Ga. L. 2009, p. 827, § 1/HB 495; Ga. L. 2017, p. 157, § 2-1/HB 126; Ga. L. 2018, p. 356, § 1-3/SB 436.
The 2018 amendment, effective July 1, 2018, substituted “individuals” for “persons” near the middle of the first sentence of paragraph (a)(1); substituted “an associate” for “a full-time associate” near the beginning of paragraph (a)(2); substituted “Associate” for “Full-time associate” at the beginning of paragraph (a)(3); deleted paragraph (a)(5), which read: “The term of employment of an associate judge of the probate court shall run concurrently with the term of the elected judge of the probate court pursuant to Code Section 15-9-1.”; substituted “an associate judge” for “the associate judge” in the second sentence of subsection (b); inserted “of training” in the middle of the second sentence of paragraph (c)(2); deleted “full-time and part-time” preceding “associate judges” in the middle of introductory paragraph (d)(1); rewrote paragraph (e)(1), which read: “It shall be unlawful for any full-time associate judge of the probate court to engage in any practice of law outside his or her role as an associate judge of the probate court; provided, however, that such prohibition shall not apply when he or she is serving as a judge advocate general or in any other military role in a reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, or the State Defense Force. It shall be unlawful for any part-time associate judge of the probate court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has jurisdiction. It shall be unlawful for any associate judge of the probate court, full-time or part-time, to give advice or counsel to any person on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing the duties of an associate judge of the probate court.”; rewrote paragraph (e)(2), which read: “The provisions of subsection (b) of Code Section 15-9-2 regarding limitations on the fiduciary role apply to both full-time and part-time associate judges of the probate court.”; deleted subsection (f), which read: “ Assumption of duties upon vacancy in the office of judge of probate court. Notwithstanding the provisions of subsection (c) of Code Section 15-9-2 or Code Sections 15-9-10, 15-9-11, and 15-9-11.1, the senior full-time associate judge of the probate court shall be the first in line to serve as judge of the probate court in the event of a vacancy in the office of the judge of probate court and shall dispense with any and all unfinished proceedings pursuant to Code Section 15-9-12. The associate judge of the probate court shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such associate probate judge meets any residency requirements otherwise imposed by law; however, the associate probate judge shall become a resident of the county before qualifying for election to the office of probate judge. Any associate probate judge taking office as authorized by this subsection shall thereafter be eligible to succeed himself or herself as long as he or she remains a resident of the county.”; redesignated former subsection (g) as present subsection (f), and, rewrote subsection (f), which read: “ Proceedings when an associate judge of the probate court is disqualified. Whenever the judge of the probate court is disqualified to act in any case pursuant to Code Section 15-9-13, the associate judge of the probate court shall also be disqualified.”
Editor’s notes.
Ga. L. 2017, p. 157, § 1-1/HB 126, not codified by the General Assembly, provides: “Part I of this Act shall be known and may be cited as ‘The Judicial Qualifications Commission Improvement Act of 2017.’ ”
Law reviews.
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 61 Mercer L. Rev. 385 (2009).

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