The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Heiskell et al.v.Roberts

CourtSupreme Court of Georgia
Docket No.S14A0779
DecidedOctober 6, 2014
Reporter295 Ga. 795; 764 S.E.2d 368; 2014 Ga. LEXIS 746
JudgesSupreme Court of Georgia; Justice Nahmias authored the opinion
Tags
CivilGovernment LawAdministrative LawMandamusOfficial ImmunitySummary JudgmentReversalRemandSpecial Concurrence
Case Summary

Bruce Roberts served as a State Court of Walker County judge for 15 months after appointment to fill a vacancy. He claimed the County owed him the salary paid to his predecessor; the County counterclaimed for alleged salary overpayments and damages based on Roberts’s dismissal of traffic cases after he lost the election. The trial court granted Roberts mandamus relief and $78,878.55 in salary, dismissed the counterclaims on judicial-immunity grounds, and awarded attorney fees. The Supreme Court of Georgia held that an appointed judge serves until the next election and, if elected, begins a new term; Roberts therefore was not entitled to his predecessor’s salary. Judicial immunity barred claims arising from Roberts’s adjudication of traffic cases, but did not bar the County’s reimbursement claim, which concerned a nonjudicial payroll function. Because Roberts did not prevail on mandamus and the reimbursement claim was not frivolous, the Court reversed the related fee awards; it directed that fees for defending the other three immunity-barred counterclaims be recalculated. The Court also held that the County could remain a defendant on Roberts’s statutory fee claim based on those counterclaims, even though it was dismissed as a defendant on mandamus. The case was remanded for the reimbursement claim and revised fee awards. All Justices concurred.

Opinion

Loading published copy…

The Far Side