06 LC 28
2640
House
Bill 1255
By:
Representatives Mumford of the
95th,
Holt of the
112th,
and Walker of the
107th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create a new judicial circuit for the State of Georgia, to be known as the
Walton Judicial Circuit and to be composed of Walton County; to provide for the
judges and district attorneys of said new circuit and the Alcovy Judicial
Circuit and their terms, selection, and compensation; to revise and restate
certain provisions of law relating to the Alcovy Judicial Circuit and to enact
provisions for the Walton Judicial Circuit; to amend Article 1 of Chapter 6 of
Title 15 of the Official Code of Georgia Annotated, relating to superior courts
in general, so as to provide for the composition, terms of court, and number of
judges of said circuits; to provide for other related matters; to provide for an
effective date and implementation; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Effective
January 1, 2007, there is created a new judicial circuit of the superior courts
of this state to be known as the Walton Judicial Circuit, which circuit shall be
composed of Walton County. There shall be a district attorney and two judges of
the Walton Judicial Circuit. The offices of judge and district attorney of the
Walton Judicial Circuit shall be filled as follows:
(1)
The district attorney of the Walton Judicial Circuit shall be appointed by the
Governor for a term of office beginning January 1, 2007, and ending December 31,
2008, and when his or her successor is elected and qualified. A successor to
such district attorney shall be elected by the voters of the Walton Judicial
Circuit at the 2008 general election and quadrennially thereafter for a term of
four years and until his or her successor is elected and qualified. A candidate
for appointment or election to this office must be a resident of Walton
County;
(2)
Honorable John M. Ott, currently a judge of the Alcovy Judicial Circuit and a
resident of Walton County, shall become the chief judge of the Walton Judicial
Circuit. Judge Ott shall serve out the current term of office for which he was
selected, and his successor shall be elected by the voters of the Walton
Judicial Circuit at the 2006 general election next preceding the expiration of
that term of office, and at the general election quadrennially thereafter, for a
term of four years. A candidate for election to this office in 2006 or
thereafter must be a resident of Walton County; and
(3)
Honorable Eugene M. Benton, currently a judge of the Alcovy Judicial Circuit and
a resident of Walton County, shall become the second judge of the Walton
Judicial Circuit. Judge Benton shall serve out the current term of office for
which he was selected, and his successor shall be elected by the voters of the
Walton Judicial Circuit at the 2006 general election next preceding the
expiration of that term of office, and at the general election quadrennially
thereafter, for a term of four years. A candidate for election to this office
in 2006 or thereafter must be a resident of Walton County.
SECTION
1-2.
All
proceedings and litigations, civil, equitable, and criminal, pending in the
Superior Court of Walton County at such time as it was a part of the Alcovy
Judicial Circuit, including all complaints, pleadings, petitions, indictments,
special presentments, summonses, processes, motions, writs, and mesne and final
proceedings, together with all books and records of any kind or character
belonging to or issued, returnable, filed, pending, or commenced in such county,
shall relate to, become a part of, and be transferred to the Walton Judicial
Circuit and its jurisdiction.
SECTION
1-3.
In
addition to the compensation and expenses paid from state funds, each judge of
superior court of the Walton Judicial Circuit named in Section 1-1 of this Act
shall continue to receive the supplemental expense allowance that such judge was
receiving immediately prior to the effective date of this Act. Such
supplemental expense allowance shall be paid from the funds of Walton County.
In all subsequent years, the governing authority of Walton County may increase
this supplement, at its discretion, without further legislative
action.
SECTION
1-4.
In
addition to the compensation and expenses paid from state funds, the district
attorney of the Walton Judicial Circuit shall receive a supplemental expense
allowance of $15,000.00 per annum, payable in equal monthly installments from
the funds of Walton County. In all subsequent years, the governing authority of
Walton County may increase this supplement, at its discretion, without further
legislative action.
SECTION
1-5.
The
governing authority of Walton County shall be authorized, but not required, to
authorize the employment of assistant district attorneys, deputy district
attorneys, or other attorneys, investigators, paraprofessionals, clerical
assistants, victim and witness assistance personnel, and other employees or
independent contractors, as authorized under Code Section 15-18-20 of the
Official Code of Georgia Annotated.
PART
II
SECTION 2-1.
SECTION 2-1.
Effective
with the creation of the Walton Judicial Circuit, there shall be a district
attorney and two judges of the Alcovy Judicial Circuit which shall then be
composed of Newton County. The offices of the judges and district attorney of
the Alcovy Judicial Circuit shall be subject to the following
provisions:
(1)
The current district attorney of the Alcovy Judicial Circuit, the Honorable W.
Kendall Wynne, Jr., who is a resident of Newton County, shall remain and become
the district attorney of the Alcovy Judicial Circuit. District Attorney Wynne
shall serve out the current term of office to which he was elected. A successor
to District Attorney Wynne shall be elected by the voters of the Alcovy Judicial
Circuit at the 2006 general election, and at the general election quadrennially
thereafter, for a term of four years. A candidate for appointment or election
to this office in 2006 or thereafter must be a resident of Newton
County;
(2)
Honorable Samuel D. Ozburn, currently a judge of the Alcovy Judicial Circuit and
a resident of Newton County, shall become the chief judge of the Alcovy Judicial
Circuit. Judge Ozburn shall serve out the current term of office for which he
was elected, and his successor shall be elected by the voters of the Alcovy
Judicial Circuit at the 2006 general election next preceding the expiration of
that term of office, and at the general election quadrennially thereafter, for a
term of four years. A candidate for election to this office in 2006 or
thereafter must be a resident of Newton County; and
(3)
Honorable Horace J. Johnson, currently a judge of the Alcovy Judicial Circuit
and a resident of Newton County, shall remain as a judge of the Alcovy Judicial
Circuit. Judge Johnson shall serve out the current term of office for which he
was selected, and his successor shall be elected by the voters of the Alcovy
Judicial Circuit at the 2006 general election next preceding the expiration of
that term of office, and at the general election quadrennially thereafter, for a
term of four years. A candidate for election to this office in 2006 or
thereafter must be a resident of Newton County.
SECTION
2-2.
In
addition to the compensation and expenses paid from state funds, each judge of
superior court of the Alcovy Judicial Circuit named in Section 2-1 of this Act
shall continue to receive the supplemental expense allowance that such judge was
receiving immediately prior to the effective date of this Act. Such
supplemental expense allowance shall be paid from the funds of Newton County.
In all subsequent years, the governing authority of Newton County may increase
this supplement, at its discretion, without further legislative
action
SECTION
2-3.
In
addition to the compensation and expenses paid from state funds, the district
attorney of the Alcovy Judicial Circuit shall receive a supplemental expense
allowance of $15,000.00 per annum, payable in equal monthly installments from
the funds of Newton County. In all subsequent years, the governing authority of
Newton County may increase this supplement, at its discretion, without further
legislative action.
SECTION
2-4.
The
governing authority of Newton County shall be authorized, but not required, to
authorize the employment of assistant district attorneys, deputy district
attorneys, or other attorneys, investigators, paraprofessionals, clerical
assistants, victim and witness assistance personnel, and other employees or
independent contractors, as authorized under Code Section 15-18-20 of the
Official Code of Georgia Annotated.
PART
III
SECTION 3-1.
SECTION 3-1.
Article
1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating
to superior courts in general, is amended in Code Section 15-6-1, relating to
composition of judicial circuits, by adding a new paragraph (40.2) to read as
follows:
"(40.2)
Walton Judicial Circuit, composed of the County of
Walton;"
and
by striking paragraph (2) and inserting in its place a new paragraph to read as
follows:
"(2)
Alcovy Judicial Circuit, composed of the
Counties
County
of Newton
and
Walton;".
SECTION
3-2.
Said
article is further amended in Code Section 15-6-2, relating to numbers of
superior court judges, by adding a new paragraph (40.2) to read as
follows:
"(40.2)
Walton Circuit
2"
and
by striking paragraph (2) and inserting in its place a new paragraph to read as
follows:
"(2)
Alcovy Circuit
...................................................4
2".
SECTION
3-3.
Said
article is further amended in Code Section 15-6-3, relating to terms of court,
by adding a new paragraph (40.2) to read as follows:
"(40.2)
WALTON
CIRCUIT:
Walton
County - First and second Mondays in February, May, August, and
November."
and
by striking paragraph (2) and inserting in its place a new paragraph to read as
follows:
"(2)
ALCOVY
CIRCUIT:
(A)
Newton County - Second and third Mondays in January, April, July, and
October.
(B)
Walton County - First and second Mondays in February, May, August, and
November."
PART
IV
SECTION 4-1.
SECTION 4-1.
Notwithstanding
the provisions of Code Section 1-3-4.1 of the Official Code of Georgia
Annotated, this Act shall become effective January 1, 2007, except that the
provisions of this Act authorizing the Governor to make appointments and the
provisions of this Act relating to the qualification and election of candidates
in 2006 shall become effective for those purposes upon the approval of this Act
by the Governor or upon its becoming law without such approval.
SECTION
4-2.
All
laws and parts of laws in conflict with this Act are repealed.