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Rule 18.8.Election of Ineligibility

Rule 18. RULES FOR SERVICE OF SENIOR JUDGES · Last amended 2010 · Last verified July 17, 2026

In one sentenceA senior judge may elect, in writing to the Supreme Court, to give up eligibility for judicial service and return to private law practice while still collecting retirement pay, but that choice locks the judge out of future judicial assignments unless the Supreme Court later approves reinstatement on a petition showing good cause.

Full Text of Rule 18.8

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In view of the foregoing limitations upon service and compensation of senior judges, senior judges may elect to declare themselves ineligible to serve as judges and may engage in the private practice of law if and when authorized by law. Such election shall be made in writing delivered to the Supreme Court. Senior judges shall be entitled to draw their earned retirement pay and shall be entitled to additional compensation for serving as arbitrators, mediators and any
other neutral in an alternative dispute process and as special masters, receivers, auditors and referees.
A senior judge who has elected to practice law shall not thereafter be eligible to serve as a judge except upon petition showing good cause to and with the approval of the Supreme Court. Having once been reinstated as eligible to serve as judge by the Supreme Court, no second such petition shall be granted.
No judge shall call upon any senior judge to serve who is exercising the right to practice law and no senior judge who is exercising the right to practice law shall agree to serve as a judge.

Plain-English Summary

Not every senior judge wants to keep taking calls from active judges. Rule 18.8 gives them an exit: a senior judge can elect, in writing delivered to the Supreme Court, to declare themselves ineligible to serve as a judge and go back to practicing law, if the law otherwise authorizes it. Making that election does not cost the judge the retirement pay already earned, and it opens the door to extra income as an arbitrator, mediator, or other neutral in dispute resolution, or as a special master, receiver, auditor, or referee.

The tradeoff is that the door swings mostly one way. A senior judge who elects to practice law cannot go back to serving as a judge later except by petitioning the Supreme Court and showing good cause for reinstatement. And that second chance only comes around once: after a senior judge has been reinstated, no further petition will be granted if the judge decides to practice law again.

The rule also draws a bright line while the election is active. No judge may call on a senior judge who is exercising the right to practice law, and that senior judge cannot agree to serve even if asked. The two roles — judge and practicing lawyer — do not overlap under this rule.

Frequently Asked Questions

What can a senior judge do by making an election of ineligibility under Rule 18.8?

Declare themselves ineligible to serve as a judge and engage in the private practice of law, if authorized by law, while still drawing their earned retirement pay.

How must a senior judge make this election?

In writing, delivered to the Supreme Court.

What kind of compensated work remains available to a senior judge who makes this election?

Serving as an arbitrator, mediator, or other neutral in an alternative dispute process, and serving as a special master, receiver, auditor, or referee, in addition to earned retirement pay.

Can a senior judge who elects to practice law ever serve as a judge again?

Only by petitioning the Supreme Court and showing good cause, and receiving the Supreme Court’s approval; once reinstated that way, no second petition will be granted.

Can an active judge call on a senior judge who is currently practicing law?

No. No judge may call upon a senior judge exercising the right to practice law, and that senior judge may not agree to serve.

Amendment History

Amended effective November 12, 1992; October 7, 2010.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source
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