Gwinnett County Ass'n v. Gwinnett County Board of Commissioners
Gwinnett County Ass'n v. Gwinnett County Board of Commissioners
Opinion of the Court
This case challenges the constitutionality of Ga. Laws 1982, p. 1737, known as the Courts of Limited Jurisdiction Compensation Act of 1982. Effective June 30,1983, this Act is repealed in its entirety by Ga. L. 1983,.pp. 884, 928, which provides for compensation and implements other changes required by Article VI of the Constitution of the State of Georgia to become effective July 1,1983. The appellant brought an action for mandamus, declaratory judgment and injunction. This is an interlocutory appeal from the trial court’s initial ruling that the Act is constitutional.
The issues raised in the enumeration of errors have been decided adversely to the appellant association in McCray v. Cobb County, 251
Although not raised by enumeration of error, the trial court rejected appellant’s argument below that the Act creates an impairment of contracts. We agree that the Act on its face is constitutional in this regard. In the mandamus petition it is alleged that Gwinnett County has set aside inadequate amounts for compensation and the meeting of expenses necessary for the court to function. No evidentiary hearing has yet been held on these issues and the question is not before this court on this interlocutory review. We point out, however, that Section 5 (a) of the Act requires a reasonable salary and 5 (d) requires the county to budget expenses for personnel, supplies and other reasonable expenses necessary for the operation of the court. By writ of mandamus the superior court has the authority to require county officials to make such payments as are necessary in the judgment of the superior court to enable the inferior courts within its jurisdiction to function. See Grimsley v. Twiggs County, 249 Ga. 632 (292 SE2d 675) (1982).
The judgment of the trial court holding the Compensation Act constitutional as enacted is affirmed. Other issues relating to reasonableness of salaries, expenses, etc., that is, the actual application in various circuits must be litigated on a case-by-case basis after evidence is presented.
Judgment affirmed.
Reference
- Full Case Name
- GWINNETT COUNTY ASSOCIATION OF JUSTICES OF THE PEACE v. GWINNETT COUNTY BOARD OF COMMISSIONERS
- Status
- Published