Constitución del Estado de Georgia

Artículo VI. JUDICIAL BRANCH · Artículo VI. JUDICIAL BRANCH · Sección VII. SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES

Art. VI, Sec. VII, Para. IV. Period of service of appointees.

Vigente

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Una disposición constitucional que se muestra como vigente está vigente tal como está impresa en el volumen. Una decisión judicial puede hacer inaplicable una disposición impresa sin cambiar el volumen, y el volumen no registra eso.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person’s appointment.

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

Cross references

Filling of vacancies in public office generally, Ch. 5, T. 45, and § 45-12-50 et seq.

Otras notas (14 entradas, tal como están impresas)

1976 Constitution.: Art. VI, Sec. II, Paras. III, VIII; Art. VI, Sec. III, Para. III.
elections.: An election held at the time prescribed by Ga. Const. 1976, Art. VI, Sec. III, Para. II (see Ga. Const. 1983, Art. VI, Sec. VII, Para. I) to fill the office for the next ensuing four-year term is not affected by the provisions of this paragraph, which provide not for the election of a judge for the next ensuing four-year term, but for the filling of a vacancy for the portion of the unexpired term occasioned by the death or resignation of the incumbent. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV). Trial court erred in directing a county election superintendent to proceed with the primary and general elections for a judge and solicitor-general because the Governor’s appointees would not have had six months to demonstrate their merit. Perdue v. Palmour, 278 Ga. 217, 600 S.E.2d 370 (2004).
Paragraph does affect regular elections.: ‘‘Six month provision’’ in Ga. Const. 1983, Art. VI, Sec. VII, Para. IV is not in conflict with the mandate in Ga. Const. 1983, Art. VI, Sec. VII, Para. I that superior court and state court judges are to be elected on a nonpartisan basis for a four-year term because the drafters envisioned that the six month provision would give the voters the right to select the holders of elective office, yet afforded the appointee a sufficient opportunity to demonstrate the merit, or lack thereof, of the appointee’s service. Perdue v. Palmour, 278 Ga. 217, 600 S.E.2d 370 (2004). Meaning of term ‘‘general election.’’ — The term ‘‘the general election’’ refers to a general election held for members of the General Assembly. Brackett v. Etheridge, 190 Ga. 216, 9 S.E.2d 275 (1940). Application of term ‘‘vacancy.’’ — ‘‘Vacancy,’’ as applied to an office, applies not to the incumbent, but to the term or to the office, or both, depending generally upon the context of a statute or a constitutional provision in which the term is used. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943).
How vacant seat filled.: When a vacancy occurs during a justice’s term of office, the seat is filled by executive appointment, but when the vacancy occurs after a general election and prior to the commencement of the term, the seat is filled by a special election called for that purpose. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff’d, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 941, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982). Limitation on exercise of power of
executive appointment.: The exercise of the authority of appointment under the constitutional provision now contained in this paragraph must necessarily be given a restricted meaning, and is limited to those instances where an election is to be had for the unexpired term. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV). Power of executive appointment
contemplates only vacancies occurring in term.: The right and duty of the Governor under this paragraph to appoint is shown by the context not to contemplate vacancies other than those that occur in the term. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV). Executive appointment power not to be exercised while incumbent in
office.: The power of executive appointment in this paragraph is for an emergency and can be exercised only in case of a vacancy. It cannot be exercised to be effective while a duly commissioned incumbent is in office. Pittman v. Ingram, 184 Ga. 255, 190 S.E. 794 (1937) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV).
When vacancy must occur.: Thirty-day (now six-month) provision in this paragraph is operative only when vacancy occurs during that period or longer before the election. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV). When tenure of office of appointee
expires.: Under this paragraph, when a vacancy in the office of judge of the superior court is filled by appointment of the Governor, the tenure of office of the appointee expires on the first day of January after the general election held next after the expiration of 30 days (now six months) from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Stephens v. Reid, 189 Ga. 372, 6 S.E.2d 728 (1939) (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV). Term of office not affected by hold-
ing over of incumbent.: The term of an office, as fixed in the Constitution or statute creating the office, is not to be confused with the tenure of an officer, and is not affected by the holding over of an incumbent beyond the expiration of the term for which the incumbent was appointed. Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943).
Incumbent holds office until successor qualified.: Where the legislature creates an office and provides for the election of an officer to fill it for a given term of years, the incumbent will hold over and beyond the fixed term until the incumbent’s successor is elected, qualified, and commissioned. Pittman v. Ingram, 184 Ga. 255, 190 S.E. 794 (1937).
Reelection of Supreme Court Justice appointed to fill vacancy.: When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after their appointment. 1992 Op. Att’y Gen. No. U92-7. Special election occurs when superior court judge has died and the judge’s successor is to be selected according to this paragraph and no call is necessary. 1970 Op. Att’y Gen. No. U70-144. (see Ga. Const. 1983, Art. VI, Sec. VII, Para. IV).
Terms of appointees to vacancies.: — An appointee to fill a vacancy occurring in a superior or state court judgeship will serve until January 1 following the next general election which is more than six months after the date of the person’s appointment at which time the appointee will be required to run for a new four year term of office regardless of the time remaining in the original term of office. 1986 Op. Att’y Gen. No. 86-31.
State court solicitor.: A person appointed to fill a vacancy created by the resignation of a state court solicitor may serve until January 1 of the year following the next general election which is more than six months after such person’s appointment and, if elected in the general election next preceding that January 1 date, such person would begin to serve a new four-year term of office. 1990 Op. Att’y Gen. No. U90-17.

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Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de 2ga-const-(v2)-2016-pdf.pdf, Volumen V2, edición 2016, páginas 1140 a 1142; acción de fusión: carried; SHA-256 del archivo 1b27199d8655.