05 LC 9 1548
House
Bill 134
By:
Representatives Lunsford of the
110th,
May of the
111th,
Davis of the
109th,
Holt of the
112th,
Mosby of the
90th,
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 judges of the superior courts, so as to provide for a third judge
of the superior courts of the Flint Judicial Circuit; to provide for the
appointment of the initial additional judge and a term of office; to provide for
the subsequent election and term of office of said judge; to fix a time at which
such judge shall begin his or her term of office; to require candidates for such
judgeships to designate the places for which they are running; to prescribe the
powers, duties, jurisdiction, privileges, and immunities of said judge; to
provide for a chief judge and to prescribe his or her powers, duties, and
privileges; to prescribe the compensation, salary, and expense allowance of said
judge to be paid by the State of Georgia; to provide for a salary supplement to
be paid to said judge from funds of the counties comprising the Flint Judicial
Circuit; to provide for the issuance of official papers and before whom heard;
to provide the manner of drawing and impaneling jurors; to provide for an
additional court reporter; to authorize the governing authority of each county
comprising the Flint Judicial Circuit to provide facilities, office space,
supplies, equipment, and personnel for said judges; to declare inherent
authority; to repeal specific Acts; to provide for an effective date; 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 judges of the superior courts, is amended by striking paragraph (18) and
inserting in lieu thereof a new paragraph (18) to read as follows:
"(18)
Flint
Circuit 2
3"
SECTION
2.
One
additional judge of the superior courts is added to the Flint Judicial Circuit,
thereby increasing to three the number of judges of said circuit.
SECTION
3.
The
additional judge provided for in this Act shall be appointed by the Governor for
an initial term of office beginning on July 1, 2005, and ending on December 31,
2006, and until a successor is elected and qualified. A successor shall be
elected in the manner provided by law for the election of judges of the superior
courts of this state at the general election in November, 2006, for a term of
four years beginning on the first day of January, 2007, and until a successor is
elected and qualified. Future successors shall be elected at the general
election each four years after such election for terms of four years and until
their successors are elected and qualified. Successors shall take office on the
first day of January following the date of their election.
SECTION
4.
Every
person who shall offer for nomination and election as one of the judges of the
superior courts of the Flint Judicial Circuit of Georgia shall designate with
the proper authority in all general elections the specific judgeship for which
he or she is offering as a candidate by naming the incumbent judge whom he or
she desires to succeed, and thereupon he or she shall be qualified, if otherwise
qualified to offer as a candidate for said specific judgeship and no other. In
the event there is no incumbent judge in the place for which such person desires
to offer, the candidate shall qualify by announcing his or her intention to
offer as a candidate for the office for which there is no
incumbent.
SECTION
5.
The
additional judge of the superior courts of the Flint Judicial Circuit of Georgia
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 courts 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
6.
The
judge of said courts senior in length of continuous service as a superior court
judge shall be the chief judge of the Flint Judicial Circuit. Such chief judge
shall be responsible for the administration and the expeditious disposition of
the business of the superior courts of said circuit, both civil and criminal,
and shall have power to make such rules as he or she shall deem necessary or
proper for such purpose but not in conflict with the general laws of this state,
which rules, when approved by said chief judge and filed in the offices of each
of the clerks of the superior courts of the counties comprising the Flint
Judicial Circuit, shall be binding upon the other judge or judges of said
circuit. The chief judge shall be vested with the power to make all
appointments whenever the law provides for the superior court judge to make
appointments. Such chief judge may by published rule, or from time to time by
order, allocate the jurisdiction and powers of the superior courts of said
circuit and the duties of the judges thereof; may assign to the other judges of
said circuit such of the business of said circuit as the chief judge shall deem
appropriate; may make and publish calendars, both civil and criminal; may
require reports from the clerks of court of said circuit and from other judges
of said circuit relative to business of the courts; and generally shall
supervise and direct the disposition of all business, both civil and criminal,
of said courts.
SECTION
7.
(a)
The compensation, salary, and expense allowance of said additional judge of the
superior courts of the Flint Judicial Circuit shall be the same as that provided
by the State of Georgia for other judges of the superior courts of
Georgia.
(b) Said additional judge shall receive a local salary supplement in the same amount heretofore prescribed by law for the other judges of the superior courts of the Flint Judicial Circuit; and such supplement shall be paid from funds of the counties comprising the Flint Judicial Circuit in the same proportions heretofore prescribed by law for the supplements of the other judges of the superior courts of the Flint Judicial Circuit.
(b) Said additional judge shall receive a local salary supplement in the same amount heretofore prescribed by law for the other judges of the superior courts of the Flint Judicial Circuit; and such supplement shall be paid from funds of the counties comprising the Flint Judicial Circuit in the same proportions heretofore prescribed by law for the supplements of the other judges of the superior courts of the Flint Judicial Circuit.
SECTION
8.
All
writs, processes, orders, subpoenas, and other official papers issuing out of
the superior courts of the Flint Judicial Circuit may bear teste in the name of
any judge of said Flint Judicial Circuit. When issued by and in the name of any
judge of said circuit, they shall be fully valid and may be determined before
any judge in the regular course of business of said courts. Any judge of said
courts may preside over any cause therein and perform any official act as judge
thereof.
SECTION
9.
The
drawing and impaneling of all jurors, whether grand, petit, or special, may be
by any of the judges of the superior courts of the circuit. Any of said judges
shall have full power and authority to draw and empanel jurors for service in
said courts so as to have jurors for the trial of cases before any of said
judges separately or before each of them at the same time.
SECTION
10.
The
chief judge of the Flint Judicial Circuit shall be authorized to employ an
additional court reporter for such duties and for such compensation as the chief
judge sees fit up to and including, but not exceeding, the remuneration of the
present court reporters of the Flint Judicial Circuit as the same is now fixed
or may hereafter be fixed by law. In the employment of said court reporter, the
additional judge shall have the right to select and approve the individual to
fill said position, and said court reporter shall be assigned to the additional
judge. However, the chief judge, under the provisions of Section 5 of this Act,
shall be authorized to assign temporarily said court reporter to other duties in
order to equalize the workload and when the business of the courts shall require
the same.
SECTION
11.
Upon
request of the chief judge, the board of commissioners of each county comprising
the Flint Judicial Circuit is authorized to furnish all judges of said courts
with suitable courtrooms and facilities, office space, telephone, furniture,
office equipment, supplies, and such personnel as may be considered necessary to
the proper functioning of the courts. All of the expenditures authorized in
this Act are declared to be an expense of the court and payable out of each
county treasury as such.
SECTION
12.
Nothing
enumerated in this Act shall be deemed to limit or restrict the inherent powers,
duties, and responsibilities of superior court judges provided by the
Constitution and statutes of the State of Georgia.
SECTION
13.
This
Act shall become effective July 1, 2005, except that this Act shall, for
purposes of the appointment by the Governor of the initial judge to fill the
judgeship created by this Act, become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.