05 LC 22
5945
House
Bill 894
By:
Representatives Reese of the
98th,
Burmeister of the
119th,
Coan of the
101st,
Maddox of the
172nd,
Hatfield of the
177th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile court administration, and Part 1 of
Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated,
relating to general provisions relative to selection and qualification of
candidates and presidential electors, so as to provide for the election of
judges of juvenile courts in nonpartisan elections; to provide that juvenile
court judges serving on the effective date of this Act shall complete the terms
for which they were appointed; to provide that the number of circuit-wide judges
and their status as full time or part time shall remain the same until changed
by local Act; to provide for continued assumption of juvenile court duties by a
superior court judge unless and until changed by local Act; to provide for
designation of a presiding judge; to provide for filing notices of candidacy,
designation of the specific office sought, and the placing of names of
candidates who have qualified for the office of judge of the juvenile court on
the ballot in the nonpartisan election held jointly with the general primary; to
provide for conformance of procedures for such elections with procedures
governing general primaries and general elections; to provide for related
matters; 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.
Part
2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile court administration, is amended by striking
Code Section 15-11-18, relating to juvenile courts and judges, and inserting in
lieu thereof the following:
∀15-11-18.
(a)
Creation.
There is created a juvenile court in every county in the state.
(b)
Appointment;
authority; judgeships in existence on or before October 1,
2000. The
judge or a majority of the judges of the superior court in each circuit in the
state may appoint one or more qualified persons as judge of the juvenile courts
of the circuit. Such superior court judge or judges shall establish the total
number of circuit-wide juvenile court judges and shall establish whether the
judge or judges shall be full time or part time, or a combination of full time
and part time. Each circuit-wide judge appointed will have the authority to act
as judge of each juvenile court in each county of the circuit. If no person is
appointed as a juvenile court judge for the circuit, then the superior court
judge or judges of the circuit shall assume the duties of the juvenile court
judge in all counties in the circuit in which a separate juvenile court
judgeship had not been established as part of the duties of the superior court
judge. All juvenile court judgeships, their methods of compensation, selection,
and operation, established on or before October 1, 2000, shall continue until
such time as one or more circuit-wide juvenile court judges are appointed.
However, in any circuit where a superior court judge assumes the duties of the
juvenile court judge, such circuit shall not be entitled to the state funds
provided for in subsection (d) of this Code
section.
Election;
judges serving on July 1, 2006.
Juvenile court
judges serving on July 1, 2006, shall be authorized to complete the terms for
which they were appointed. On and after July 1, 2006, any vacancy for the office
of judge of the juvenile court shall be filled by election in a nonpartisan
election. The total number of circuit-wide juvenile court judges established as
of July 1, 2006, shall remain the same until changed by local Act. The status of
each juvenile court judge as full time or part time as of July 1, 2006, shall
remain the same until changed by local Act. In any circuit where the duties of
the juvenile court judge are assumed by a superior court judge as of July 1,
2006, such duties shall continue to be assumed by a superior court judge unless
and until a local Act provides for one or more juvenile court judges in such
circuit. In any circuit where a superior court judge assumes the duties of the
juvenile court judge, such circuit shall not be entitled to the state funds
provided for in subsection (d) of this Code section.
(c)
Fulfilling
preexisting terms;
jurisdiction.
When one or more circuit-wide juvenile court judges are appointed, any juvenile
court judge in office at that time shall be authorized to fulfill his or her
term of office. The jurisdiction of each judge shall be circuit
wide.
Jurisdiction.
Each circuit-wide judge shall have the authority to act as judge of the juvenile
court in each county of the circuit.
(d)
Terms and compensation
of judges.
(1)
Each juvenile court judge
appointed
elected
under this Code section shall serve for a term of four years. Except as
otherwise provided by law, the compensation of the full-time or part-time
juvenile court judges shall be set by the superior court as provided in
subsection (h) of this Code section with the approval of the governing authority
or governing authorities of the county or counties for which the juvenile court
judge is appointed.
(2)
The state, out of funds appropriated to the judicial branch of government, shall
contribute toward the salary of the judges on a per circuit basis in the
following amounts:
(A)
Each circuit with one or more juvenile court judges who are not superior court
judges assuming the duties of juvenile court judges shall receive a state grant
of $85,000.00. Such state funds shall be spent solely on salaries for juvenile
court judges and shall not be used for any other purposes.
(B)
In addition to the base amount set out in subparagraph (A) of this paragraph,
each circuit which on or after October 1, 2000, has more than four superior
court judges is eligible for additional state grants. For each superior court
judge who exceeds the base of four judges, the circuit shall be eligible for an
additional grant in an amount equal to one-fourth of the base amount of the
state grant set out in subparagraph (A) of this paragraph. Such additional state
grants shall be spent solely on salaries for juvenile court judges and shall not
be used for any other purposes.
(C)
In those circuits where the judge or judges of the superior court elect to use
the state grant provided in this Code section for one or more part-time judges,
the amount of the state grant shall be as follows:
|
(i)
For each part-time judge who works one day weekly
|
$
17,000.00
|
|
(ii)
For each part-time judge who works two days weekly
|
34,000.00
|
|
(iii)
For each part-time judge who works three days weekly
|
51,000.00
|
|
(iv)
For each part-time judge who works four days weekly
|
68,000.00;
|
provided,
however, that a grant for one or more part-time judges shall not exceed the
amount the circuit is eligible for in accordance with subparagraphs (A) and (B)
of this paragraph.
(3)
After the initial appointments and prior to any subsequent appointment or
reappointment of any part-time or full-time juvenile court judge under this Code
section, the judge or judges responsible for making the appointment shall
publish notice of the opening on the juvenile court once a month for three
months prior to such appointment or reappointment in the official legal organs
of each of the counties in the circuit where the juvenile court judge has venue.
The expense of such publication shall be paid by the county governing authority
in the county where such notice or notices are published.
(e)
Qualifications of
judges. No person shall be judge of the
juvenile court unless, at the time of his or her appointment, he or she has
attained the age of 30 years, has been a citizen of the state for three years,
and has practiced law for five years.
A juvenile
court judge shall be eligible for reappointment.
(f)
Presiding
judge.
In the
event that more than one juvenile court judge is appointed, one shall be
designated presiding judge.
In a county or
circuit that has more than one juvenile court judge, the juvenile court judge
with the longest period of service as a juvenile court judge shall be designated
presiding judge.
(g)
Practice of law by
judges. It shall be unlawful for any
full-time juvenile court judge to engage in any practice of law outside his or
her role as a juvenile court judge. It shall be unlawful for a part-time judge
of any juvenile court to engage directly or indirectly in the practice of law in
his or her own name or in the name of another as a partner in any manner in any
case, proceeding, or matter of any kind in his or her own court or in any other
court in any case, proceeding, or any other matters of which his or her own
court has pending jurisdiction or has had jurisdiction. It shall be unlawful for
any juvenile court judge, full time or part time, to give advice or counsel to
any person on any matter of any kind whatsoever which has arisen directly or
indirectly in his or her own court, except such advice or counsel as he or she
is called upon to give while performing the duties of a juvenile court
judge.
(h)
Action
by superior court
judges. In
any case in which action under this Code section is to be taken by the superior
court judge of the circuit, such action shall be taken as follows:
(1)
Where there are one or two judges, such action shall be taken by the chief judge
of the circuit; and
(2)
Where there are more than two judges, such action shall be taken by a majority
vote of the judges of the circuit.
Reserved.
(i)
Administration and
expenses. Each juvenile court created
under this article shall be assigned and attached to the superior court of the
county for administrative purposes. The governing authority of the county of
residence of each juvenile court judge shall offer the juvenile court judge or
judges insurance benefits and any other benefits except retirement or pension
benefits equivalent to those offered to employees of the county, with a right to
contribution from other counties in the circuit for a
pro-rata
pro
rata contribution toward the costs of such
benefits, based on county population. Counties shall continue to provide
membership in retirement plans available to county employees for any juvenile
court judge in office before July 1, 1998, who did not become a member of the
Georgia Judicial Retirement System provided by Chapter 23 of Title 47. Except as
otherwise provided by subsection (d) of this Code section, all expenditures of
the court are declared to be an expense of the court and payable out of the
county treasury with the approval of the governing authority or governing
authorities of the county or counties for which the juvenile court judge is
appointed
elected.
(j)
Applicability.
(1)
To the extent that the provisions of this Code section conflict with a local
constitutional amendment authorizing the election of a juvenile court judge and
with the provisions of a local Act authorized by such local constitutional
amendment to provide for the term of office, vacancies in office,
qualifications, compensation, and full-time or part-time status of a juvenile
court judge or judges, the provisions of such local constitutional amendment and
such local Act shall govern.
(2)
The state grants provided by subsection (d) of this Code section shall be
provided to any circuit encompassing a juvenile court governed by the provisions
of a local constitutional amendment and a local Act in the same manner as other
circuits, except that, in any circuit with one or more
elected
juvenile court judges
elected
pursuant to such local constitutional amendment and local
Act, the elected juvenile court judge who
is senior in duration of service as a juvenile court judge shall establish,
subject to other applicable provisions of law, the total number of circuit-wide
juvenile court judges, whether the judge or judges shall be full time or part
time or a combination of full time and part time, and the compensation of any
part-time juvenile court judge or judges.
(k)(1)
Simultaneous
service by judges. No person who is
serving as a full-time juvenile court judge
after
appointment as judge pursuant to this Code
section shall at the same time hold the
office of judge of any other class of court of this state.
(2)
The provisions of paragraph (1) of this subsection shall also apply to any
person serving as a juvenile court judge after being elected juvenile court
judge pursuant to a local law authorized by a constitutional amendment providing
for the election of one or more juvenile court judges.
(3)
(2)
Nothing in this subsection shall prevent any
duly
appointed or elected juvenile court judge
from sitting by designation as a superior court judge pursuant to Code Section
15-1-9.1 or as otherwise provided by
law.∀
SECTION
2.
Said
part is further amended by repealing Code Section 15-11-18.1, relating to orders
appointing judges and associate judges and commissions.
SECTION
3.
Part
1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to general provisions relative to selection and
qualification of candidates and presidential electors, is amended in Code
Section 21-2-132, relating to notices of candidacy, nomination petitions,
affidavits, qualifying fees, and
paupeŕs
affidavits and qualifying petitions, by striking subsections (c) and (i) and
inserting in lieu thereof the following:
∀(c)
Except as provided in subsection (i) of this Code section, all candidates
seeking election in a nonpartisan election shall file their notice of candidacy
and pay the prescribed qualifying fee by the date prescribed in this subsection
in order to be eligible to have their names placed on the nonpartisan election
ballot by the Secretary of State or election superintendent, as the case may be,
in the following manner:
(1)
Each candidate for the office of
judge of the
juvenile court, judge of the superior
court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file a notice of candidacy, giving his or her name, residence
address, and the office sought, in the office of the Secretary of State no
earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the
election and no later than 12:00 Noon on the Friday following the fourth Monday
in April, notwithstanding the fact that any such days may be legal holidays;
and
(2)
Each candidate for a county judicial office, a local school board office, or an
office of a consolidated government, except those offices which on July 1, 2001,
were covered by local Acts of the General Assembly which provided for election
in a nonpartisan election without a prior nonpartisan primary, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the
election and no later than 12:00 Noon on the Friday following the fourth Monday
in April, notwithstanding the fact that any such days may be legal
holidays.∀
∀(i)
Notwithstanding any other provision of this chapter to the contrary, for general
elections held in the even-numbered year immediately following the official
release of the United States decennial census data to the states for the purpose
of redistricting of the legislatures and the United States House of
Representatives, candidates in such elections shall qualify as provided in this
subsection:
(1)
All candidates seeking election in a nonpartisan election shall file their
notice of candidacy and pay the prescribed qualifying fee by the date prescribed
in this paragraph in order to be eligible to have their names placed on the
nonpartisan election ballot by the Secretary of State or election
superintendent, as the case may be, in the following manner:
(A)
Each candidate for the office of
judge of the
juvenile court, judge of the superior
court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file a notice of candidacy, giving his or her name, residence
address, and the office sought, in the office of the Secretary of State no
earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the
election and no later than 12:00 Noon on the Friday following the third
Wednesday in June, notwithstanding the fact that any such days may be legal
holidays; and
(B)
Each candidate for a county judicial office, a local school board office, or an
office of a consolidated government, except those offices which on July 1, 2001,
were covered by local Acts of the General Assembly which provided for election
in a nonpartisan election without a prior nonpartisan primary, or the
candidatés
agent, desiring to have his or her name placed on the nonpartisan election
ballot shall file notice of candidacy in the office of the superintendent no
earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the
election and no later than 12:00 Noon on the Friday following the third
Wednesday in June, notwithstanding the fact that any such days may be legal
holidays;
(2)
All political body and independent candidates shall file their notice of
candidacy and pay the prescribed qualifying fee by the date prescribed in this
paragraph in order to be eligible to have their names placed on the general
election ballot by the Secretary of State or election superintendent, as the
case may be, in the following manner:
(A)
Each candidate for federal or state office, or his or her agent, desiring to
have his or her name placed on the general election ballot shall file a notice
of his or her candidacy, giving his or her name, residence address, and the
office he or she is seeking, in the office of the Secretary of State no earlier
than 9:00 A.M. on the last Monday in July immediately prior to the election and
no later than 12:00 Noon on the Friday following the last Monday in July;
and
(B)
Each candidate for a county office, including those offices which on July 1,
2001, were covered by local Acts of the General Assembly which provided for
election in a nonpartisan election without a prior nonpartisan primary, or his
or her agent, desiring to have his or her name placed on the general election
ballot shall file notice of his or her candidacy in the office of the
superintendent of his or her county no earlier than 9:00 A.M. on the last Monday
in July immediately prior to the election and no later than 12:00 Noon on the
Friday following the last Monday in July; and
(3)
Candidates required to file nomination petitions under subsection (e) of this
Code section shall file such petitions not earlier than 9:00 A.M. on the fourth
Monday in July immediately prior to the general election and not later than
12:00 Noon on the first Monday in August immediately prior to the general
election.∀
SECTION
4.
Said
part is further amended in Code Section 21-2-135, relating to designation of
specific office sought where office has multiple officeholders with the same
title, by striking subsection (b) and inserting in lieu thereof the
following:
∀(b)
In the case of the office of
judge of the
juvenile court, judge of a state court,
judge of a superior court, Judge of the Court of Appeals, or Justice of the
Supreme Court, the name of the person such candidate is seeking to succeed and
such other designation as may be required by the Secretary of State or election
superintendent shall be included in the title of the office on the ballot in all
nonpartisan
elections.∀
SECTION
5.
Said
part is further amended by striking Code Section 21-2-138, relating to
nonpartisan elections for judicial offices, and inserting in lieu thereof the
following:
∀21-2-138.
The
names of all candidates who have qualified with the Secretary of State for the
office of
judge of the
juvenile court, judge of a superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court of this state and
the names of all candidates who have qualified with the election superintendent
for the office of judge of a state court shall be placed on the ballot in a
nonpartisan election to be held and conducted jointly with the general primary
in each even-numbered year; provided that nonpartisan elections for the office
of judge of the state court which was covered on July 1, 2001, by a local Act of
the General Assembly which provided for election in a nonpartisan election
without a prior nonpartisan primary shall be held and conducted jointly with the
general election in even-numbered years. No candidates for any such office shall
be nominated by a political party or by a petition as a candidate of a political
body or as an independent candidate. Candidates for any such office, except
offices which were covered on July 1, 2001, by a local Act of the General
Assembly which provided for election in a nonpartisan election without a prior
nonpartisan primary, shall have their names placed on the nonpartisan portion of
each political party ballot by complying with the requirements prescribed in
Code Section 21-2-132 specifically related to such nonpartisan candidates and by
paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The
Secretary of State may provide for the printing of independent ballots
containing the names of the nonpartisan candidates for those voters not
affiliated with a political party. Candidates shall be listed on the official
ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and
21-2-285.1, respectively. Except as otherwise specified in this chapter, the
procedures to be employed in conducting the nonpartisan election of
judges of the
juvenile courts, judges of state courts,
judges of superior courts, Judges of the Court of Appeals, and Justices of the
Supreme Court shall conform as nearly as practicable to the procedures governing
general primaries and general elections; and such general primary and general
election procedures as are necessary to complete this nonpartisan election
process shall be adopted in a manner consistent with such nonpartisan
elections.∀
SECTION
6.
This
Act shall become effective on July 1, 2006.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.