In addition to serving as the chief clerk of the Magistrate Court of Bartow County, Penny Blackmon was appointed as an “assistant” magistrate of that court. As wages for her performance in the latter position, she received the salary of a part-time magistrate authorized by OCGA § 15-10-23. Contending that she was a full-time magistrate, Judge Blackmon filed this mandamus action, seeking to compel Clarence Brown, in his capacity as the sole Bartow County Commissioner, to pay her the full-time salary authorized by the statute. Commissioner Brown answered the complaint and, after discovery, moved for summary judgment. The trial court denied the motion, but certified its order for immediate review. We granted Commissioner Brown’s application for interlocutory appeal, to consider whether a genuine issue of material fact remains as to Judge Blackmon’s entitlement to receive the compensation specified in OCGA § 15-10-23 for one who is employed as a full-time magistrate.
In essence, this is a simple suit on a contract of employment. Judge Blackmon claims that she performed as a full-time magistrate and should be compensated in that capacity. The record shows, however, that she executed both her oath of office and her loyalty oath in the capacity of an “assistant” magistrate of Bartow County. These written oaths are an essential element of Judge Blackmon’s contract of employment and, hence, of her claim for payment, as the one represents her acceptance of the chief magistrate’s offer of appointment to a county office and the other constitutes a condition precedent to her right to recover any compensation as a county employee. OCGA § 45-3-8, 45-3-14. See also 67 CJS, Officers, § 45, p. 317. Thus, the undisputed evidence of record shows that, regardless of what she does and how much she does it, she was originally engaged only to serve as an “assistant” magistrate. If it is further undisputed that an assistant magistrate is a part-time position, then she has no viable claim for the compensation provided under OCGA § 15-10-23 for a full-time magistrate. If, on the other hand, a genuine issue of material fact remains in that regard, the trial court correctly denied Commissioner Brown’s motion for summary judgment.
