Heiskell et al.v.Roberts
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.
Loading published copy…

