Title 15, Chapter 10, Section 105
( 15-10-105)
(a) The General Assembly may provide by local law for the superior
court clerk or state court clerk to serve as clerk of magistrate
court or for the selection of some other person as the clerk of
magistrate court and for the compensation of the clerk of magistrate
court. In the absence of local law, the selection and compensation
of the clerk of magistrate court shall be as provided by subsections
(b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county
governing authority may provide that the clerk of superior court
shall serve as clerk of magistrate court and shall be compensated
for his or her services as clerk of magistrate court in an amount
not less than $286.73 per month. With the consent of the clerk of
the superior court and clerk of the state court, the county
governing authority may provide that the state court clerk shall
serve as clerk of magistrate court and shall be compensated for his
or her service as clerk of magistrate court in an amount not less
than $286.73 per month. Such compensation shall be retained by the
clerk of superior court as his or her personal funds without regard
to whether he or she is otherwise compensated on a fee basis or
salary basis or both. (c) If the clerk of superior court or the clerk of state court does
not serve as clerk of magistrate court, then the county governing
authority may provide for the appointment by the chief magistrate of
a clerk to serve at the pleasure of the chief magistrate. A clerk
of magistrate court so appointed shall be compensated in an amount
fixed by the county governing authority at not less than $286.73 per
month. (d) If there is no clerk of magistrate court, the chief magistrate
or some other magistrate appointed by the chief magistrate shall
perform the duties of clerk. A chief magistrate performing the
duties of clerk, or another magistrate appointed by the chief
magistrate to perform the duties of clerk, shall receive, in
addition to any other compensation to which he or she is entitled,
compensation for performing the duties of clerk, the amount of which
compensation shall be fixed by the county governing authority at not
less than $286.73 per month. (e) The compensation of the clerk or magistrate performing the
duties of clerk shall be paid in equal monthly installments from
county funds. (f) The clerk shall be required to be at least 18 years of age and
shall possess a high school diploma or its equivalent. The clerk
shall not be subject to a residency requirement. (g) In any case any magistrate may perform any duty to be performed
by the clerk. |