Julia Pierce | June 21, 2026

A few years ago, I started to question why Janice Daniel’s name was never on a ballot in Marion County, nor her position up for election. I asked this question on Facebook a couple of years ago, to which Magistrate/Probate Judge, Heather Stuart answered.

Heather Stuart indicated that Janice Daniel was appointed; not elected.

When I asked Heather when Janice Daniel was appointed, she indicated that Janice was appointed in the 80’s.

I have found information that presents questions for Janice Daniel’s “eternal” appointment and the truthfulness of the Probate Magistrate Judge regarding Janice Daniel’s appointment.

Was Janice Daniel Appointed in the 80’s as Magistrate Judge in Marion County, Georgia?

While searching records in the probate court, I found an Order Appointing Magistrate Judge of Buena Vista – Marion County. It indicates that Heather Stuart appointed Janice Daniel as a Magistrate Judge for a term that began January 1, 2013 and ended on December 31, 2016. It was signed by Heather Stuart on January 2, 2013.

So, why would Heather Stuart say that Janice was appointed in the 80s, when we see the order signed by Heather Stuart that says she was appointed in 2013?

Has Janice Daniel Ever Been Elected as a Magistrate Judge in Marion County, Georgia?

In the same conversation where Heather Stuart indicated that Janice Daniel was appointed in the 80’s, she also indicated that Janice Daniel is not elected because the courts are combined.

Can Janice Daniel Continue to Serve as Magistrate Judge in Marion County, Georgia without an Election?

O.C.G.A. § 15-10-20(c) states,

Unless otherwise provided by local law, all magistrates taking office on or after January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall be elected by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, for a term beginning on the first day of January following his or her election. His or her successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the judges of superior court. The term of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he or she was appointed.

Since Janice Daniel was appointed, and her term expired the same date that Heather Stuart’s term as Probate/Magistrate Judge expired, according to this law above, Janice Daniel’s position should have been put on the ballot and a new election should have been held.

O.C.G.A. § 15-10-20(b) states,

The term of office of any magistrate taking office on or after January 1, 1985, shall be for four years beginning on the first day of an odd-numbered year, except that in selecting magistrates to fill newly created positions or if otherwise necessary, a magistrate may be selected for a term of less than four years to expire on the last day of an even-numbered year.

Does this mean that this new position was created by Heather Stuart in 2013? If so, does that mean that Janice Daniel can ONLY serve out the term by which she was appointed? Since she was initially appointed, does that legally excuse her from being required to run as a candidate for re-election? Since Janice Daniel’s term expired and no election has been held, does that mean that Janice Daniel has authority to continue to serve as a magistrate judge in Marion County and continue being paid by the taxpayers? Does this mean that any ruling that she has issued outside of the term she was appointed to serve can be legally challenged and possibly overturned?

Why Does this Even Matter?

When a citizen is expecting justice, we expect to have a judge that is willing to abide by the law, since they are expected to enforce the law. If a judge is not required to follow the law, how can we expect that judge to accurately enforce the law? I am not making any accusation that Janice Daniel or Heather Stuart have violated the law in this matter, but simply asking the questions as to how this can be legal?

Questions to Ponder

• Why did Heather Stuart say that Janice Daniel was appointed in the 80’s, when we can clearly see that she was appointed to serve from January 1, 2013 through December 31, 2016?
• Why was an election not held for the Magistrate Judge for the term that would begin January 1, 2017 and end December 31, 2020, if pursuant to Georgia Law, the appointment ends at the end of Heather Stuart’s term which is also indicated on the appointment order?
• Can Janice Daniel continue to legally serve as a magistrate judge if her appointment ended on December 31, 2016?
• What authority indicates that Janice Daniels can continue to serve as an initially appointed magistrate judge with out being required to run for re-election?

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