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DeLoach v. Evans County

Because the plaintiff was appointed as a part-time magistrate, she was not entitled to a full-time magistrate's salary, regardless of the additional duties that she performed.

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Kay Deloach serves as the Clerk of the Magistrate Court of Evans County, Georgia, and she also fulfills certain magistrate duties. She is compensated as a full-time clerk and part-time magistrate, according to a statutorily set salary. She petitioned for a declaratory judgment and writ of mandamus seeking to compel the Board of Commissioners of Evans County to compensate her as a full-time magistrate as well as part-time clerk of the Magistrate Court. She appeals from the denial of her petition.

The evidence established that Deloach was appointed in 1994 to a four-year term as “a magistrate for the Magistrate’s Court of Evans County.” She was reappointed in 1997 in the same fashion. While the appointment orders did not specify whether her employment as magistrate was full-time or part-time, the chief magistrate who entered the orders testified that they were part-time appointments. In 1998, Deloach was also appointed by the same chief magistrate as “the Clerk of the Magistrate’s Court.” It is undisputed that from the date of her first appointment until the date of suit, she performed duties of both clerk of court and magistrate, and that she was compensated as a full-time clerk and also received a separate allowance as part-time magistrate.

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