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HB 215 - Habeas corpus; clerk funding; indigent petitioners

Barnard, Terry (154th)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/26/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under sentence of state courts of record, so as to remove provisions relating to state funding for a habeas corpus clerk for certain judicial circuits; and for other purposes.

Code Sections - 9-14-53

HB 215                                              HB 215/FA 
 
      H. B. No. 215 (AM) 
      By:  Representative Barnard of the 154th 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 14 of Title 9 of the Official 
  1- 2  Code of Georgia Annotated, relating to habeas corpus 
  1- 3  procedures for persons under sentence of state courts of 
  1- 4  record, so as to remove provisions relating to state funding 
  1- 5  for a habeas corpus clerk for certain judicial circuits; to 
  1- 6  provide for reimbursement for each county for court costs 
  1- 7  for certain writs of habeas corpus sought by indigent 
  1- 8  petitioners; to provide for construction; to provide an 
  1- 9  effective date; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 2 of Chapter 14 of Title 9 of the Official Code of 
  1-14  Georgia Annotated, relating to habeas corpus procedures for 
  1-15  persons under sentence of state courts of record, is amended 
  1-16  by striking in its entirety Code Section 9-14-53, relating 
  1-17  to habeas corpus clerks for certain judicial circuits, 
  1-18  supplies and equipment, and reimbursement to counties, and 
  1-19  inserting in its place the following: 
 
  1-20    "9-14-53. 
 
  1-21    (a) As used in this Code section, the term:  
 
  1-22      (1) 'Chief judge' means:  
 
  1-23        (A) The judge of the superior courts of a judicial 
  1-24        circuit; or  
 
  1-25        (B) The judge of the superior courts of a judicial 
  1-26        circuit with the longest period of service, in those 
  1-27        circuits having more than one judge.  
 
  1-28      (2) 'Judicial circuit' means any judicial circuit of 
  1-29      this state in which a minimum of 235 writs of habeas 
  1-30      corpus have been instituted in the superior courts for 
  1-31      each of the four years 1974, 1975, 1976, and 1977.  
 
 
 
 
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  2- 1      (3) 'Writs of habeas corpus' means those writs of habeas 
  2- 2      corpus which are sought pursuant to this article 
  2- 3      relating to the exclusive procedure for obtaining a writ 
  2- 4      of habeas corpus for persons whose liberty is being 
  2- 5      restrained by virtue of a sentence imposed against them 
  2- 6      by a state court of record by persons who are detained 
  2- 7      under the custody of the Department of Corrections.  
 
  2- 8    (b) The chief judge of the superior courts of each 
  2- 9    judicial circuit is authorized to employ a habeas corpus 
  2-10    clerk to carry out such duties as may be prescribed by the 
  2-11    judge or judges of the circuit in order to establish and 
  2-12    maintain records on writs of habeas corpus sought in the 
  2-13    superior courts of the circuit and to carry out such other 
  2-14    duties as may be prescribed by the judge or judges of the 
  2-15    circuit. The habeas corpus clerk employed by the chief 
  2-16    judge shall be an employee of the judicial branch of the 
  2-17    state government and shall possess such qualifications as 
  2-18    shall be determined by the chief judge. The habeas corpus 
  2-19    clerk shall serve at the pleasure of the chief judge. The 
  2-20    habeas corpus clerk shall be compensated in an amount set 
  2-21    by the chief judge which is commensurate with industry 
  2-22    salaries in the community for similar work. An amount not 
  2-23    to exceed $7,200.00 per annum for the salary of the habeas 
  2-24    corpus clerk, as provided and fixed in this Code section, 
  2-25    shall be paid in equal monthly installments from state 
  2-26    funds appropriated or otherwise made available for the 
  2-27    operation of the superior courts. It is specifically 
  2-28    provided that a habeas corpus clerk employed as provided 
  2-29    in this Code section shall not be eligible for membership 
  2-30    in the Employees' Retirement System of Georgia or for 
  2-31    participation in the Social Security program authorized by 
  2-32    the act of Congress approved August 14, 1935, 49 Stat. 
  2-33    620, known as the Social Security Act, as amended. > 
  2-34    (c) The chief judge of a judicial circuit employing a 
  2-35    habeas corpus clerk pursuant to subsection (b) of this 
  2-36    Code section shall notify the commissioner of 
  2-37    administrative services of the name and salary of the 
  2-38    habeas corpus clerk at least 15 days prior to the 
  2-39    effective date of the employment of the clerk. It shall 
  2-40    also be the duty of the chief judge to notify the 
  2-41    commissioner of administrative services of any change in 
  2-42    the status or salary of the clerk. The chief judge shall 
  2-43    be authorized to designate the county of the judicial 
  2-44    circuit in which the clerk shall maintain his office and 
  2-45    carry out his duties; and the governing authority of the 
 
 
 
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  3- 1    county so designated shall provide suitable space for the 
  3- 2    clerk.  
 
  3- 3    (d) Subject to the limitation provided by subsection (e) 
  3- 4    of this Code section, the chief judge of a judicial 
  3- 5    circuit employing a habeas corpus clerk as provided in 
  3- 6    this Code section may purchase such supplies and equipment 
  3- 7    as may be reasonably necessary to enable the clerk to 
  3- 8    carry out his duties and responsibilities. The funds 
  3- 9    necessary to pay for such supplies and equipment shall 
  3-10    come from funds appropriated or otherwise made available 
  3-11    for the operation of the superior courts.  
 
  3-12    (e) The total funds for all purposes under subsections (b) 
  3-13    through (d) of this Code section which may be paid from 
  3-14    state funds appropriated or otherwise made available for 
  3-15    the operation of the superior courts shall not exceed 
  3-16    $15,000.00 per annum for any single judicial circuit.  
 
  3-17      (f)(1) Except as provided in paragraph (2) of this 
  3-18      subsection, each Each county of this state shall be 
  3-19      reimbursed from state funds for court costs both at the 
  3-20      trial level and in any appellate court for each writ of 
  3-21      habeas corpus sought in the superior court of the county 
  3-22      by indigent petitioners when the granting of the writ is 
  3-23      denied or when the court costs are cast upon the 
  3-24      respondent, but such reimbursement shall not exceed 
  3-25      $10,000.00 per annum total for each county. By not later 
  3-26      than September 1 of each calendar year, the clerk of the 
  3-27      superior court of each county shall send a certified 
  3-28      list to the commissioner of administrative services of 
  3-29      each writ of habeas corpus sought in the superior court 
  3-30      of the county during the 12 month period immediately 
  3-31      preceding July 1 of that calendar year by indigent 
  3-32      petitioners for which the granting of the writ was 
  3-33      denied or for which the court costs were cast upon the 
  3-34      respondent; and such list shall include the court costs 
  3-35      both at the trial level and in any appellate court for 
  3-36      each such writ of habeas corpus.  By not later than 
  3-37      December 15 of each calendar year, the commissioner 
  3-38      shall pay to the county from funds appropriated or 
  3-39      otherwise made available for the operation of the 
  3-40      superior courts the reimbursement as set forth in the 
  3-41      certified list, subject to the maximum reimbursement 
  3-42      provided for in this Code section. The list sent to the 
  3-43      commissioner as provided in this paragraph shall be 
  3-44      certified as correct by the governing authority of the 
 
 
 
                                 -3- 
 
 
 
  4- 1      county and by the judge of the superior court of the 
  4- 2      county. The commissioner is authorized to devise and 
  4- 3      make available to the counties such forms as may be 
  4- 4      reasonably necessary to carry out this paragraph and to 
  4- 5      establish such procedures as may be reasonably necessary 
  4- 6      for such purposes.  This Code section shall not be 
  4- 7      construed to amend or repeal the provisions of Code 
  4- 8      Section 15-6-28 or any other provision of law for funds 
  4- 9      for any judicial circuit.  
 
  4-10      (2) The counties comprising a judicial circuit defined 
  4-11      by paragraph (2) of subsection (a) of this Code section 
  4-12      shall not be eligible for the reimbursement provided for 
  4-13      in paragraph (1) of this subsection." 
 
  4-14                           SECTION 2. 
 
  4-15  This Act shall become effective on July 1, 1999. 
 
  4-16                           SECTION 3. 
 
  4-17  All laws and parts of laws in conflict with this Act are 
  4-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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