(a) No judge of any court shall either directly or indirectly express in open court his approval or disapproval of the verdict of any jury in any case tried before him, except as provided in this Code section; nor may the judge discharge any jury upon the ground that the verdict rendered in any case does not meet with his approval.
§ 9-10-8.Approval or disapproval of verdict by judge forbidden; discharge or commendation of jury for verdict not permitted; judge expressing approval or disapproval disqualified from presiding at new trial
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceA judge may not, directly or indirectly and in open court, approve or disapprove a jury’s verdict or discharge the jury for disliking its verdict, and any judge who does so is disqualified from presiding over a new trial, though a judge may still approve or disapprove a verdict in the formal order ruling on a motion for new trial.
Full Text of § 9-10-8
(b) No judge of any court may commend or compliment a jury during the term of any court for discharging its duty if the commendation or compliment has the effect of approving a verdict.
(c) If any judge of any court either directly or indirectly expresses in open court his approval or disapproval of the verdict of the jury in any case tried before him, he shall be disqualified from presiding in the case in the event a new trial is granted.
(d) Nothing in this Code section shall have the effect of prohibiting a judge of any court from approving or disapproving the verdict of a jury in any case tried before him in hearing a motion for a new trial that comes on before him; however, the approval or disapproval on the hearing of a motion for new trial shall be expressed in the formal order of the judge in granting or overruling the motion and not otherwise.
Plain-English Summary
This section keeps judges from putting a thumb on the scale after the jury has spoken. In open court, a judge cannot signal approval or disapproval of a verdict, directly or by implication, and cannot discharge the jury because the verdict does not sit well with the judge. Even a compliment to the jury is off-limits if it amounts to the judge endorsing the verdict.
Break this rule and there is a real consequence: if the case later comes back for a new trial, the judge who voiced approval or disapproval is disqualified from presiding over it. The point is to keep the judge who tainted the process away from a second attempt at the same case.
The section does carve out one avenue for a judge to weigh in on a verdict — hearing a motion for new trial. There, the judge can approve or disapprove the verdict, but only through the formal written order granting or denying the motion, not through comments from the bench.
Frequently Asked Questions
Can a judge tell the jury in open court that their verdict was wrong?
No, a judge may not directly or indirectly express approval or disapproval of a jury’s verdict in open court.
Can a judge discharge a jury because the verdict does not meet with the judge’s approval?
No, the judge may not discharge the jury on the ground that the verdict does not meet with his approval.
What happens to a judge who expresses approval or disapproval of a verdict if a new trial is later granted?
That judge is disqualified from presiding over the case when a new trial is granted.
Can a judge ever compliment a jury for its service?
Not if the commendation has the effect of approving the verdict; commending a jury during the term is barred when it functions that way.
Is there any setting where a judge may lawfully approve or disapprove a verdict?
Yes, when hearing a motion for new trial, but the approval or disapproval must be expressed in the formal order granting or overruling the motion, not otherwise.
Amendment History
Ga. L. 1918, p. 168, §§ 1-3; Code 1933, §§ 110-201, 110-202, 110-203.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: judge cannot approve jury verdict georgiajudge disqualified new trial georgiajudicial comment on verdict prohibited georgiamotion for new trial verdict approval georgia