Opinion AGO U94-12.

• Case Date: September 01, 1994
• Court: Georgia

Georgia Attorney General Opinions 1994. Opinion AGO U94-12. September 1, 1994UNOFFICIAL OPINION U1994-12To: Senior Judge State Court of DeKalb CountyRe: A replacement probate judge appointed in good faith pursuant to O.C.G.A. § 15-9-13(a) may be designated pursuant to O.C.G.A. § 15-1-9.1 to assist temporarily a state court for a specified duration, assuming that individual meets the statutory qualifications of O.C.G.A. § 15-7-21(a)(1).You have asked whether O.C.G.A. § 15-1-9.1 authorizes the assignment of a replacement probate judge appointed pursuant to O.C.G.A. § 15-9-13(a) to hear cases in the state court, assuming that person meets the statutory qualifications for state court judges as set forth in O.C.G.A. § 15-7-21(a)(1). The statute authorizing judicial assistance from other courts, O.C.G.A. § 15-1-9.1, is extremely broad and authorizes a request for assistance by the chief judge of any court to the chief judge of any other court in this state. Once it is determined that there is a need for temporary assistance, the statute authorizes the chief judge to request assistance from any court of this state under certain terms to be included in the request for assistance. Your inquiry, endorsed by all judges in your circuit, specifies that the DeKalb State Court cannot continue to function at its high level of efficiency without assistance from other courts, and that you intend to comply with all of the procedural requirements of O.C.G.A. § 15-1-9.1 in making a request for assistance. This office previously addressed the need for temporary assistance in Op. Att'y Gen. U89-7. The situation presented supports a need for temporary assistance based on the prior opinion of this office and O.C.G.A. § 15-1-9.1(b)(2)(C). Official Code of Georgia Annotated § 15-1-9.1(f) outlines the procedures that must be followed in requesting assistance. See also Cramer v. Spalding County, 261 Ga. 570, 573 (1991) (O.C.G.A. § 15-1-9.1 does not give the requesting chief judge the power "to order the indefinite appointment of an additional judge") (emphasis in original); Adams v. Payne, 219 Ga. 638, 641 (1964) (a proper written and filed request is "an indispensable prerequisite to clothe [the designated judge] with jurisdiction [and] power to act in th[e] case"). The first issue is whether probate judges are included within the intent of...