§ 15-9-13 - Procedure where judge disqualified or unable to act; compensation of substitute - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-15 > Chapter-9 > Article-1 > 15-9-13

O.C.G.A. 15-9-13 (2010)
15-9-13. Procedure where judge disqualified or unable to act; compensation of substitute

(a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If the judge of the probate court does not so appoint, the judge of the city or state court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge may not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.

(b) If there is no such judge or if for some reason the judge cannot serve in the case, the clerk of the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in the case.

(c) If for any reason the clerk of the judge of the probate court cannot serve in such case, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in the case.

(d) The compensation of the person serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during the service shall be paid into the general funds of the county.

State Codes and Statutes

Statutes > Georgia > Title-15 > Chapter-9 > Article-1 > 15-9-13

O.C.G.A. 15-9-13 (2010)
15-9-13. Procedure where judge disqualified or unable to act; compensation of substitute

(a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If the judge of the probate court does not so appoint, the judge of the city or state court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge may not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.

(b) If there is no such judge or if for some reason the judge cannot serve in the case, the clerk of the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in the case.

(c) If for any reason the clerk of the judge of the probate court cannot serve in such case, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in the case.

(d) The compensation of the person serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during the service shall be paid into the general funds of the county.

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State Codes and Statutes

Statutes > Georgia > Title-15 > Chapter-9 > Article-1 > 15-9-13

O.C.G.A. 15-9-13 (2010)
15-9-13. Procedure where judge disqualified or unable to act; compensation of substitute

(a) Whenever a judge of the probate court is disqualified to act in any case or because of sickness, absence, or any other reason is unable to act in any case, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If the judge of the probate court does not so appoint, the judge of the city or state court, as the case may be, shall exercise all the jurisdiction of the judge of the probate court in the case. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge may not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.

(b) If there is no such judge or if for some reason the judge cannot serve in the case, the clerk of the judge of the probate court shall exercise all the jurisdiction of the judge of the probate court in the case.

(c) If for any reason the clerk of the judge of the probate court cannot serve in such case, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the judge of the probate court in the case.

(d) The compensation of the person serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during the service shall be paid into the general funds of the county.