Rule 18. Rules for service of senior judges.
Rule 18.1. Definitions.
Rule 18.2. Requests for assistance.
Rule 18.3. Certificate of need.
Rule 18.4. Emergency requests.
Rule 18.5. Residence of senior judge.
Rule 18.6. Defeated senior judges.
Rule 18.7. Fiscal eligibility. [Reserved]
Rule 18.8. Election of ineligibility.
Rule 18.1. Definitions.
For the purposes of this section of the uniform rules, the following definitions shall apply:
(A) "Active judge" means a superior court judge in active service.
(B) "Senior judge" means a superior court judge retired from active service, yet authorized by law to serve as a superior court judge.
(C) "Defeated senior judge" means a senior judge who retired from active service after failing to be reelected at a primary or election.
Rule 18.2. Requests for assistance.
The chief judge of any superior court of this state may make a written request for assistance to the chief judge of any other superior court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arise:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(B) A judge of the requesting court is unable to preside because of disabling illness, or absence; or,
(C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. O.C.G.A. § 15-1-9.1(b).
An active judge may, except as hereinafter provided, call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speeds and efficient disposition of the business of the circuit.
Rule 18.3. Certificate of need.
Except in cases of emergency, having determined the necessity for the service of a senior judge, the requesting judge shall certify the reason such service is required, which shall include an order of appointment giving the scope and tenure of such requested service as in the discretion of the requesting judge is necessary to meet the need. Such certificate and order shall be filed in the office of clerk of superior court of the court in which service is to be performed and with the district administrative judge of such district.
Rule 18.4. Emergency requests.
In case of an unforeseen emergency requiring the immediate service of a senior judge, the requesting judge may act without prior certificate or order of appointment, later ratifying such designation of service by an appropriate order.
Rule 18.5. Residence of senior judge.
No active judge shall call to serve any senior judge who is not a bona fide resident of and domiciled in this state.
Rule 18.6. Defeated senior judges.
An active judge, with the concurrence of the district administrative judge, or any district administrative judge alone where the need arises, may request the service of any defeated senior judge under the same circumstances and procedures as heretofore set out for active judges requesting the service of undefeated senior judges, except that no judge shall request the services of a defeated senior judge unless such defeated senior judge shall be first approved for such service by the Supreme Court of Georgia pursuant to rules promulgated by the Supreme Court. Such approval shall be reviewed periodically by the Supreme Court, but after once having been approved by the Supreme Court, a defeated senior judge could continue to serve until such approval is withdrawn or revoked.
Rule 18.7. Fiscal eligibility. [Reserved]
Rule 18.8. Election of ineligibility.
In view of the foregoing limitations upon service and compensation of senior judges, senior judges may elect to declare themselves ineligible to serve as judges and may engage in the private, practice of law if and when authorized by law. Such election shall be made in writing delivered to the Supreme Court. Senior judges electing to practice law shall be entitled to draw their earned retirement pay but shall not be entitled to additional compensation for serving as judges. A senior judge who has elected to practice law shall not thereafter be eligible to serve as a judge except upon petition showing good cause to and with the approval of the Supreme Court. Having once been reinstated as eligible to serve as judge by the Supreme Court, no second such petition shall be granted.
No judge shall call upon any senior judge to serve who is exercising the right to practice law and no senior judge who is exercising the right to practice law shall agree to serve as a judge.
The practice of law as described in this section shall not include service as an arbitrator, mediator, or any other neutral in an alternative dispute process. This is true whether or not senior judges are compensated for their services as neutrals.