§ 10-103. Judges' positions designated; terms of office; chief judge.

There shall be a judge of the state court of Cobb County, who shall be elected for a term of four years and shall be elected each four years thereafter.

At the general election which is conducted in 1966, there shall be elected an additional judge of the state court of Cobb County who shall take office on January 1, 1967, to serve for a term of office of four years and until his successor is duly elected and qualified. Thereafter, successors to the initial additional judge shall be elected at the general election conducted in that year in which his term of office expires and they shall take office on the first day of January following their election to serve for a term of office of four years and until their successors are duly elected and qualified.

There shall be an additional judge of the state court of Cobb County. Such additional judge shall be elected in the manner provided by law for the election of judges of the state courts of this state at the general election in November, 1982, for a term of four years beginning on the first day of January, 1983, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges and immunities of the present judges of the state court of Cobb County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the state court of Cobb County. Upon request of the additional judge the governing authority of Cobb County is hereby authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

The judges of the State Court of Cobb County shall, during the month of July of each odd-numbered calendar year, by a vote of a majority of them, elect from among the judges of division one of said court a chief judge of the State Court of Cobb County to serve a two-year term, beginning October 1 of each odd-numbered calendar year. A vote of the majority of the judges of said court shall be required to fill any vacancy occurring in the office of chief judge. Any such vacancy shall be filled for the remainder of the unexpired term within 30 days after it occurs by majority vote as set out in this paragraph. Until such time as a chief judge is elected pursuant to this paragraph and whenever the position of chief judge is vacant for any reason, the judge of division one of the state court who shall be senior in length of continuous service as a judge of division one of said court shall be ex officio chief judge. In the event that two or more judges shall be equal in such seniority and in the event that two or more judges shall be equal in such seniority within a division of the court, said seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge.

Upon the failure of a majority of the judges of said court to agree on the administration and the expeditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he or she shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be binding upon the other judges of said circuit.

Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of said court, the solicitor general of said court, and the sheriff of Cobb County relative to business pending before said court, including but not limited to issues involving the jail population.

The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum.

When matters are to be determined among the various judges according to seniority, in matters not affecting the designation of chief judge, then in all such instances said seniority shall be determined within the two divisions of the court according to length of service of said judge in said division of the court. In the event that two or more judges shall be equal in such seniority within a division of the court, seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be considered senior.

(1964 Ga. Laws (Act No. 1006), page 3211, § 3; 1966 Ga. Laws (Act No. 293), page 2904, § 1; 1978 Ga. Laws (Act No. 840), page 3253, § 1; 1979 Ga. Laws (Act No. 401), page 4506, § 1; 1982 Ga. Laws (Act No. 869), page 3610, § 1; 1989 Ga. Laws (Act No. 166), page 4208, § 1; 1990 Ga. Laws (Act No. 760), page 3740, § 1; 1995 Ga. Laws (Act No. 214), page 4248, § 1; 1996 Ga. Laws (Act No. 551, page 3571, § 1; 1996 Ga. Laws (Act No. 787), page 4164, § 1)

Editor's note

By motion passed May 14, 1974, the board of commissioners created a new position of judge of the state court.