Title 15, Chapter 9, Section 13
( 15-9-13)
(a) Whenever a judge of the probate court is disqualified to act in
any case or because of sickness, absence, or any other reason is
unable to act in any case, the judge of the probate court may
appoint an attorney at law who is a member of the State Bar of
Georgia to exercise the jurisdiction of the probate court. If the
judge of the probate court does not so appoint, the judge of the
city or state court, as the case may be, shall exercise all the
jurisdiction of the judge of the probate court in the case. If,
however, the inability of the probate judge to act arises from any
unlawful act or the accusation of an unlawful act on the part of the
probate judge, the probate judge may not appoint an attorney and
only another judge shall exercise the jurisdiction of the probate
court. (b) If there is no such judge or if for some reason the judge cannot
serve in the case, the clerk of the judge of the probate court shall
exercise all the jurisdiction of the judge of the probate court in
the case. (c) If for any reason the clerk of the judge of the probate court
cannot serve in such case, the judge of the superior court shall
appoint a person to serve and exercise the jurisdiction of the judge
of the probate court in the case. (d) The compensation of the person serving as provided in this Code
section shall be fixed by the board of county commissioners or, in
those counties which have no county commissioners, by the judge of
the superior court. The compensation shall be paid from the general
funds of the county. All fees collected during the service shall be
paid into the general funds of the county. |