06 HB
1003/AP
House
Bill 1003 (AS PASSED HOUSE AND SENATE)
By:
Representatives Talton of the
145th,
O`Neal of the
146th,
Floyd of the
147th,
and Ray of the
136th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act entitled "An Act to make provisions for the Magistrate Court of
Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so
as to provide for the election of the chief magistrate and magistrates; to
provide for procedures; to provide for qualifications; to provide that the chief
magistrate shall be a full-time magistrate; to authorize assistant magistrates;
to provide for the filling of vacancies; to provide for the submission of this
Act to the United States Department of Justice; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act entitled "An Act to make provisions for the Magistrate Court of Houston
County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, is amended
by striking Sections 1 and 2 of said Act and inserting in lieu thereof the
following:
"SECTION
1.
The
chief magistrate of Houston County shall be elected in the same manner as the
judges of the State Court of Houston County. The first such election shall take
place at the time of the general election in 2008, and the chief magistrate and
magistrates elected at such time shall take office on January 1, 2009, for terms
of four years and until their successors are duly elected and qualified. The
chief magistrate and magistrates serving on the effective date of this Act shall
serve through December 31, 2008. The chief magistrate elected as provided in
this section shall be a member in good standing of the State Bar of Georgia,
shall be a full-time magistrate, and shall devote his or her full time to the
duties of the office. The chief magistrate shall be authorized to employ one or
more assistant magistrates.
SECTION
2.
A vacancy in the office of chief magistrate shall be filled by an appointment by
majority vote of the judges of superior court for the remainder of the unexpired
term. A vacancy in the office of any other magistrate shall be filled by an
appointment by the chief magistrate with the consent of the judges of superior
court for the remainder of the unexpired term. A newly created position of
magistrate shall be filled in the same manner as for filling a vacancy if such
position is created more than 90 days from the next general
election."
SECTION
2.
The
governing authority of Houston County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.