---
title: Ga. Const. Art. VI, Sec. VI, Para. I. Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges.
collection: code
id: ga-const:art-vi-sec-vi-para-i
cite_as: Ga. Const. Art. VI, Sec. VI, Para. I
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date: 2016
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heading_path: CONSTITUTION OF THE / JUDICIAL BRANCH / SUPREME COURT
---

# Ga. Const. Art. VI, Sec. VI, Para. I. Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The Supreme Court shall consist of not more than nine Justices who shall elect from among themselves a Chief Justice as the chief presiding and administrative officer of the court and a Presiding Justice to serve if the Chief Justice is absent or is disqualified. A majority shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge may be designated by the remaining Justices to serve.

## Cross References

Discipline and removal of justices, Ga. Const. 1983, Art. VI, Sec. VII, Para. VII. Supreme Court generally, Ch. 2, T. 15. Replacement of justices incapacitated for providential cause, § 15-2-2.

## Editor's Notes

For cases decided under Ga. Const. 1976, Art. VI, Sec. II, Para. VII and antecedent provisions, relating to power of Supreme Court to promulgate regulations as to hearing and determining cases, see judicial decisions under Ga. Const. 1983, Art. VI, Sec. I, Para. V.

Majority of the court, or four assoder judgment and such a judgment would not be invalid or void because the places of the disqualified justices were not filled and the case was not decided by a full bench of seven. Life Ins. Co. v. Burke, 217 Ga. 742, 125 S.E.2d 48 (1962).

## Law Reviews

For article, ‘‘The Majority That Wasn’t: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements,’’ see 58 Emory L.J. 831 (2009). For article, ‘‘Researching Georgia Law,’’ see 34 Ga. St. U.L. Rev. 741 (2015).

## 1976 Constitution.

Art. VI, Sec. II, Paras. I, II, VII.

## Ciate Justices, Have Authority to ren-Manner of Election of Justices.

The Chief Justice and Associate Justices of the Supreme Court are elected by the people at the same time and in the same manner as the Governor and the statehouse officers are elected. Stephens v. Reid, 189 Ga. 372, 6 S.E.2d 728 (1939).

Court must decide case where all

## Justices Disqualified.

Although the justices of the Supreme Court may be disqualified on account of pecuniary interest in the subject matter of the litigation, nevertheless they must decide such a case where there is no other tribunal to do so, and none can be legally constituted. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946).

Cited in Boykin v. Hopkins, 174 Ga. 511, 162 S.E. 796 (1932); Ward v. Big Apple Super Mkts. of Bolton Rd., Inc., 223 Ga. 756, 158 S.E.2d 396 (1967); David v. State, 261 Ga. App. 468, 583 S.E.2d 135 (2003).

## Am. Jur. 2d.

46 Am. Jur. 2d, Judges, § 86 et seq.

## C.j.s.

48A C.J.S., Judges, § 342et seq.