05 LC 18
4088
House
Bill 489
By:
Representatives Miller of the
106th,
Heard of the
104th,
Coan of the
101st,
Cox of the
102nd,
Reese of the
98th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to
the number of superior court judges for each circuit, so as to create a new
ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial
appointment, election, and term of office of said judge; to provide for the
manner of impaneling jurors; to prescribe the powers, duties, jurisdiction,
privileges, and immunities of said judge; to prescribe the compensation, salary,
and expense allowance of said judge to be paid by the State of Georgia and the
county composing the Gwinnett Judicial Circuit; to provide for the division of
business among the judges of the Gwinnett Judicial Circuit; to provide for the
judge senior in term of continuous service to be the presiding judge, in whom
shall be vested the power to make all appointments whenever the law provides for
the superior court judge to make appointments; to provide for courtroom and
chamber space; to provide for an additional court reporter for said circuit; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number
of superior court judges for each circuit, is amended by striking paragraph (20)
in its entirety and inserting in lieu thereof a new paragraph (20) to read as
follows:
"(20)
Gwinnett
Circuit........................................................................................8
9"
SECTION
2.
The
additional judge of the superior court of the Gwinnett Judicial Circuit shall be
appointed by the Governor for a term beginning July 1, 2005, and expiring
December 31, 2006, and until his or her successor is elected and qualified.
At the general election to be held in 2006, there shall be elected a successor
to the first additional judge appointed as provided for above, and he or she
shall take office on the first day of January, 2007, and serve for a term of
office of four years and until his or her successor is duly elected and
qualified. All subsequent successors to such judge shall be elected at the
general election conducted in the year in which the term of office shall expire
for a term of four years and until his or her successor is duly elected and
qualified. Said elections shall be held and conducted as is now or may
hereafter be provided by law for the election of judges of the superior courts
of the State of Georgia.
SECTION
3.
The
additional judge of the superior court of the Gwinnett Judicial Circuit shall
have and may exercise all powers, duties, dignities, jurisdiction, privileges,
and immunities of the present judges of the superior courts of this state. Any
of the judges of said court may preside over any cause, whether in their own or
in other circuits, and perform any official act as judge thereof, including
sitting on appellate courts as provided by law.
SECTION
4.
The
compensation, salary, and contingent expense allowance of said additional judge
of the superior court of the Gwinnett Judicial Circuit shall be the same as that
of other judges of the superior courts of Georgia. The additional judge shall
also be paid a county supplement by the county comprising said circuit in the
same manner and to the same extent as the present superior court judges of said
circuit are paid.
SECTION
5.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior court of the Gwinnett Judicial Circuit may bear teste in the name
of any judge of said circuit and, when issued by and in the name of any of said
judges of said circuit, shall be fully valid and may be held and determined
before any judge of said circuit.
SECTION
6.
Upon
and after qualification of the additional judge of the superior court of the
Gwinnett Judicial Circuit, the nine judges of said court shall be authorized to
adopt, promulgate, amend, and enforce such rules of procedure in consonance with
the Constitution and laws of the State of Georgia as they deem suitable and
proper for the effective transaction of the business of the court; and, in
transacting the business of the court and in performing their duties and
responsibilities, they shall divide and allocate the work and duties to be
performed by each. In the event of a disagreement between or among said judges
affecting the duties and responsibilities of the judges of the superior court of
the Gwinnett Judicial Circuit, the decision of the senior judge in term of
current continuous, uninterrupted service shall be controlling.
SECTION
7.
The
judge of said court, senior in term of current continuous, uninterrupted service
as a judge of the superior court, shall be the presiding judge of said court in
whom shall be vested the power to make all appointments whenever the law
provides for the superior court judge to make appointments, except as herein
provided.
SECTION
8.
The
drawing and impaneling of all jurors, whether grand, petit, or special, may be
by any of the judges of the superior court of said circuit; and any such judge
of the superior court of said circuit shall have full power and authority to
draw and impanel jurors for service in said court so as to have jurors for the
trial of cases before each of said judges separately or before each of them at
the same time.
SECTION
9.
The
nine judges of the superior court of the Gwinnett Judicial Circuit shall be
authorized and empowered to employ an additional court reporter for such duties
and for such compensation as such judges see fit, up to and including, but not
exceeding, the remuneration of the present court reporters of the Gwinnett
Judicial Circuit as the same is now fixed or may hereafter be
fixed.
SECTION
10.
The
governing authority of the county comprising the Gwinnett Judicial Circuit is
fully authorized and empowered to provide suitable courtrooms, jury rooms, and
chambers for the nine judges of the superior court of the Gwinnett Judicial
Circuit upon the recommendation of said judges.
SECTION
11.
(a)
For purposes of making the initial appointment of the judge to fill the ninth
superior court judgeship created by this Act, this Act shall become effective
upon its approval by the Governor or its becoming law without his
approval.
(b) For all other purposes, this Act shall become effective July 1, 2005.
(b) For all other purposes, this Act shall become effective July 1, 2005.
SECTION
12.
All
laws and parts of laws in conflict with this Act are repealed.