Ga. Supreme Court rules Walker County does not owe equal pay to former judge

photo Bruce Roberts

Walker County taxpayers no longer owe former State Court Judge Bruce Roberts $80,000.

On Monday, the Georgia Supreme Court overruled a lower court's decision to give Roberts that extra money. Roberts was the county's state court judge from October 2011 through the end of 2012.

Gov. Nathan Deal appointed Roberts to the bench after Judge Donald Peppers retired. Peppers had been making about $180,000 a year. Walker County Sole Commissioner Bebe Heiskell offered Roberts a $100,000 salary to replace Peppers.

In 2012, voters elected Billy Mullinax over Roberts, who then sued the county. Roberts said the county legally had to pay him the same salary as the judge he replaced. Heiskell, in turn, sued Roberts, claiming he caused emotional distress to Sheriff Steve Wilson when he dismissed about 60 traffic cases after losing his re-election.

Rome, Ga., Superior Court Judge Larry Salmon agreed with Roberts, awarding him $80,000 last year. On Monday, the Supreme Court unanimously overruled Salmon.

When someone replaces certain elected officials, the new man or woman earns the same amount of money and serves until that original official's term was supposed to end. But this does not apply to state court judges, the Supreme Court ruled Monday.

Justice David Nahmias ruled that Roberts was not entitled to the same amount of money as Peppers because he was not supposed to serve until the end of Peppers' term, which would have ended this year. Instead, Roberts served as state court judge for one year, until the 2012 general election.

"Roberts did not become the incumbent serving Judge Peppers' term of office," Nahamias wrote. "He served his own 15-month-long term."

Attorney Don Oliver said Walker County officials are pleased with the ruling.

"It will be a positive for local governments, particularly counties, and for the future well being of the judicial branch of government at all levels of the state and local bench and bar," he wrote in a release. "This decision will help us keep qualified and experienced judges on the bench and assure qualified applicants for those positions when vacated."

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