36-32-2. Appointment of judges.

1. (1)

   Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation. Notwithstanding the failure of the governing body of a municipal corporation to enter into a written agreement or enact an ordinance as provided for in this paragraph, any individual appointed as a judge under this Code section shall serve for a minimum term of two years from the date of appointment as reflected in the minutes of the municipal corporation, unless such municipal corporation’s charter provides for a longer term, and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. If such term is memorialized in a written agreement, such agreement shall not include any geographic limitation concerning a judge’s eligibility to serve and shall not contain any provision that a judge serve in an at-will capacity.#

2. (2)

   Except as otherwise provided for in Code Section 36-32-2.1, in the event of a vacancy occurring during the term of a judge appointed under this Code section, the governing authority of the municipal corporation is authorized to appoint an individual to serve for the remainder of the unexpired term created by such vacancy, provided that such individual is qualified by law to serve as a municipal court judge.#

This Code section shall not be construed to require the governing authority of any municipal corporation to appoint a judge; but such governing authority may appoint a judge if, acting in its sole discretion, the governing authority determines that such appointment would be in the best interest of the municipal corporation.#