---
title: Ga. Const. Art. VI, Sec. VII, Para. III. Vacancies.
collection: code
id: ga-const:art-vi-sec-vii-para-iii
cite_as: Ga. Const. Art. VI, Sec. VII, Para. III
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date: 2025
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heading_path: CONSTITUTION OF THE / JUDICIAL BRANCH / SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES
---

# Ga. Const. Art. VI, Sec. VII, Para. III. Vacancies.

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.

Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts. Vacancies in the state-wide business court shall be filled by appointment of the Governor, subject to approval as specified in subparagraph (b) of Paragraph (I) of this section. Vacancies in the Georgia Tax Court shall be filled by appointment of the Governor, subject to approval as provided for in subparagraph (c) of Paragraph (I) of this section.

## History

Ga. Const. 1983, Art. 6, § 7, Para. 3, Ga. L. 2018, p. 1130, § 1/HR 993; Ga. L. 2024, p. 1189, § 7/HR 598.

## Editor's Notes

The constitutional amendment (Ga. L. 2018, p. 1130, § 1/HR 993), which added the second sentence, was ratified at the general election held on November 6, 2018.

The constitutional amendment (Ga. L. 2024, p. 1189, § 7/HR 598), which added the third sentence, was ratified at the general election held November 5, 2024.

## Law Reviews

For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).

## Resigning Judge Occupied Office Until Time of Resignation.

Because the resigning justice continued to occupy the office, the trial court erred in concluding that the justice’s office was vacant and, accordingly, the Governor’s appointment power had not yet arisen and the trial court properly denied the petitions for a writ of mandamus requiring the Secretary of State to conduct that legally nugatory election. Barrow v. Raffensperger, 308 Ga. 660, 842 S.E.2d 884, 2020 Ga. LEXIS 343 (2020).