05 LC 19
6417
House
Bill 97
By:
Representatives Ralston of the
7th
and Graves of the
12th
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 superior courts, so as to provide for a third judge of
the superior courts of the Appalachian Judicial Circuit; to provide for the
appointment of such additional judge by the Governor; to provide for the
election of successors to the judge initially appointed; to prescribe the powers
of said judge; to prescribe the compensation, salary, and expense allowance of
said judge to be paid by the State of Georgia and the counties comprising said
circuit; to authorize the judges of said court to divide and allocate the work
and duties thereof; to provide for the manner of impaneling jurors; to provide
for an additional court reporter for said circuit; to authorize the governing
authority of the counties which comprise the Appalachian Judicial Circuit to
provide facilities, office space, supplies, equipment, and personnel for said
judges; to declare inherent authority; to provide for a conditional 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 superior courts, is amended by striking paragraph (2.1) and
inserting in its place a new paragraph to read as follows:
"(2.1)
Appalachian
Circuit 23"
SECTION
2.
One
additional judge of the superior courts is added to the Appalachian Judicial
Circuit, thereby increasing to three the number of judges of said
circuit.
SECTION
3.
Said
additional judge shall be appointed by the Governor for a term beginning
January 1, 2006, and continuing through December 31, 2006, and until
his or her successor is elected and qualified; such judge shall take office on
the date of his or her appointment by the Governor. His or her successor shall
be elected in the manner provided by law for the election of judges of the
superior courts of this state at the nonpartisan judicial election in 2006, for
a term of four years beginning on January 1, 2007, and until his or her
successor is elected and qualified. Future successors shall be elected at the
nonpartisan judicial election each four years after such election for terms of
four years and until their successors are elected and qualified. They shall
take office on the first day of January following the date of the
election.
SECTION
4.
The
additional judge of the superior courts of the Appalachian Judicial Circuit of
Georgia shall have and may exercise all powers, duties, dignity, jurisdiction,
privileges, and immunities of the present judges of the superior courts of this
state. Any of the judges of the Appalachian Judicial Circuit 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
5.
The
qualifications of such additional judge and his or her successors and his or her
compensation, salary, and expense allowance from the State of Georgia and from
the counties of the superior courts of the Appalachian Judicial Circuit shall be
the same as are now provided by law for all other superior court judges. The
provisions, if any, enacted for the supplementation by the counties of said
circuit of the salary of the judges of the superior courts of the Appalachian
Judicial Circuit shall also be applicable to the additional judge provided for
by this Act.
SECTION
6.
All
writs and processes in the superior courts of the Appalachian Judicial Circuit
shall be returnable to the terms of said superior courts as they are now fixed
and provided by law, or as they may hereafter be fixed or determined by law, and
all terms of said courts shall be held in the same manner as though there were
but one judge, it being the intent and purpose of this Act to provide three
judges equal in jurisdiction and authority to attend and perform the functions,
powers, and duties of the judges of said superior courts and to direct and
conduct all hearings and trials in said courts.
SECTION
7.
Upon
and after qualification of the additional judge of the superior court of the
Appalachian Judicial Circuit, the three judges of said court may adopt,
promulgate, amend, and enforce such rules of practice and 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 share, divide, and allocate the work and duties to
be performed by each. In the event of a disagreement among the judges in
respect hereof, the majority shall rule, or failing a majority, the decision of
the senior judge in point of service, who shall be known as the chief judge,
shall be controlling.
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 they, or any one
of them, shall have full power and authority to draw and impanel 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
9.
The
three judges of the Appalachian Judicial Circuit shall be authorized and
empowered to appoint an additional court reporter for such circuit, whose
compensation shall be as now or hereafter provided by law.
SECTION
10.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Appalachian Judicial Circuit may bear teste in the
name of any judge of the Appalachian Judicial Circuit, and when issued by and in
the name of any judge of said circuit shall be fully valid and may be heard and
determined before the same or any other judge of said circuit. Any judge of
said circuit may preside over any case therein and perform any official act as
judge thereof.
SECTION
11.
Upon
request of any judge of the circuit, the governing authorities of the counties
comprising the Appalachian Judicial Circuit are authorized to furnish the judges
of said circuit with suitable courtrooms and facilities, office space,
telephones, furniture, office equipment, supplies, and such personnel as may be
considered necessary by the court to the proper function of the court. All of
the expenditures authorized in this Act are declared to be an expense of the
court and payable out of the county treasury as such.
SECTION
12.
Nothing
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.
(a)
For purposes of making the initial appointment of the judge to fill the superior
court judgeship created by this Act, this Act shall become effective upon its
approval by the Governor or its becoming law without such
approval.
(b) For all other purposes, this Act shall become effective January 1, 2006.
(b) For all other purposes, this Act shall become effective January 1, 2006.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.