Garrard v. Hicks

Fletcher, Presiding Justice.

In this application for quo warranto under OCGA § 9-6-60 Joseph R. Garrard challenges Judge Ralph Hicks’ authority to preside over Garrard’s criminal trial on the ground that Judge Hicks is ineligible to hold the office of senior judge. The trial court denied the application. Because we find that OCGA § 47-9-60 permits the governor to appoint a former superior court judge who has at least ten years of service to the office of senior judge, and that Judge Hicks met these qualifications, we affirm.

OCGA § 47-9-60 (a) (3) provides in part that,

[a]ny judge of the…