X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Maurice Jones Dorsey appeals from the judgment entered after a jury found him guilty of armed robbery and possession of a knife during the commission of a felony. Dorsey’s only argument on appeal is that the judge who presided over his case at trial was not authorized to do so. Dorsey contends that the superior court’s procedure for designating a magistrate to sit in for the judge assigned to his case did not comport with the requirements of OCGA § 15-1-9.1 b 2. For the reasons discussed below, we conclude there was no error and affirm. OCGA § 15-1-9.1 b 2 provides:If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises: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 disability, illness, or absence;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; orD A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. . . .The record shows that one of the superior court judges requested that the chief judge of the superior court obtain judicial assistance for his division. The chief judge then requested that the chief judge of the magistrate court designate a judge to provide assistance during the period requested. The chief magistrate assigned a magistrate to the division and the chief judge of the superior court assigned that magistrate to a calendar for October 9 through October 25, 2006.

1. Dorsey claims that there is no showing that a majority of the judges determined that there was a need for the assistance of an additional judge as required by OCGA § 15-1-9.1 b 2 C. Dorsey cites to no authority in support of his claim that this rendered the designation null and void, and we find none. Further, Dorsey not only did not make this argument below, defense counsel acknowledged before trial that the order appeared “to be correct in form. . . .” See, e.g., Rivers v. State , 270 Ga. App. 633, 635 607 SE2d 144 2004.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›