Georgia House of Representatives - 1995/1996 Sessions

HB 1489 - Courts; probate judge serving as magistrate; compensation

Page Numbers - 1/ 2

1. Greene  158th          2. Jenkins  110th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/29/96  Read 1st Time                                                                
              1/30/96  Read 2nd Time                                                                
              2/8/96   Favorably Reported                                                           
              Sub      Committee Amend/Sub                                                          
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Code Sections amended: 15-9-63, 15-10-20                                                            


HB 1489                                           LC 22 2151S


                _______________________ offers the following
      substitute to HB 1489:


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 3 of Chapter 9 of Title 15 of the Official
  1- 2  Code of Georgia Annotated, relating to costs and
  1- 3  compensation for probate courts, and Article 2 of Chapter 10
  1- 4  of Title 15 of the Official Code of Georgia Annotated,
  1- 5  relating to magistrates, so as to change the amount of and
  1- 6  provisions relating to the compensation for a probate court
  1- 7  judge serving as chief magistrate or magistrate; to repeal
  1- 8  obsolete provisions; to repeal conflicting laws; and for
  1- 9  other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article 3 of Chapter 9 of Title 15 of the Official Code of
  1-12  Georgia Annotated, relating to costs and compensation for
  1-13  probate courts, is amended by adding a new subsection (c) to
  1-14  Code Section 15-9-63, relating to minimum compensation for
  1-15  probate court judges, to read as follows:

  1-16    "(c) Effective January 1, 1997, in any county in which the
  1-17    probate judge serves as chief magistrate or magistrate, he
  1-18    or she shall be compensated for such services based on an
  1-19    annual amount of not less than 50 percent of the minimum
  1-20    salary for chief magistrates in the county of least
  1-21    population in the schedule contained in paragraph (1) of
  1-22    subsection (a) of Code Section 15-10-23 as now or
  1-23    hereafter amended.  Any compensation paid under this
  1-24    subsection shall be paid from county funds. The county
  1-25    governing authority may supplement this minimum amount,
  1-26    but this amount shall not be decreased during any term of
  1-27    office in which the probate court judge serves as chief
  1-28    magistrate or magistrate."

                         SECTION 2.

  1-29  Article 2 of Chapter 10 of Title 15 of the Official Code of
  1-30  Georgia Annotated, relating to magistrates, is amended by
  1-31  striking subsection (g) of Code Section 15-10-20, relating
  1-32  to the number, selection, term, and vacancies of


                                 -1- (Index)

                                                 LC 22 2151S

  2- 1  magistrates, and inserting in lieu thereof a new subsection
  2- 2  (g) to read as follows:

  2- 3    "(g) The General Assembly may at any time provide by local
  2- 4    law that the probate judge shall serve as chief magistrate
  2- 5    or magistrate and provide for compensation of the probate
  2- 6    judge in his or her capacity as chief magistrate or
  2- 7    magistrate; and in such a case the chief magistrate or
  2- 8    magistrate shall not be separately elected but shall be
  2- 9    the probate judge.  In the absence of local law, the
  2-10    judges of superior court may, with the consent of the
  2-11    probate judge, provide that the probate judge shall serve
  2-12    as chief magistrate until January 1, 1985, and provide for
  2-13    his compensation in such capacity.  Notwithstanding
  2-14    subsection (d) of this Code section and in the absence of
  2-15    local law, the Governor may provide that the probate judge
  2-16    shall be reappointed as chief magistrate until January 1,
  2-17    1989, and, subject to general law, provide for his
  2-18    compensation in such capacity, provided such appointment
  2-19    shall be made before May 23, 1984, and shall be made with
  2-20    the consent of the probate judge in office on such date.
  2-21    In no case shall the probate judge be compensated for his
  2-22    services as chief magistrate in an amount less than
  2-23    $200.00 per month.  Any compensation paid under this
  2-24    subsection shall be paid from county funds."

                         SECTION 3.

  2-25  All laws and parts of laws in conflict with this Act are
  2-26  repealed.




















                                 -2- (Index)