05 LC 28
1911
Senate
Bill 31
By: Senators Smith of the 52nd, Heath of the 31st and Thomas of the 54th
By: Senators Smith of the 52nd, Heath of the 31st and Thomas of the 54th
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 court, so as to provide for a fourth judge of
the superior courts of the Cherokee 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 such judge; to prescribe the compensation, salary, and expense allowance of
such judge to be paid by the State of Georgia and the counties comprising said
circuit; to authorize the judges of such circuit 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 such circuit; to authorize the governing
authority of the counties that comprise the Cherokee Judicial Circuit to provide
facilities, office space, supplies, equipment, and personnel for such judges; to
declare inherent authority; 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 judges of superior courts, is amended by striking paragraph (9) and inserting
in its place a new paragraph to read as follows:
"(9)
Cherokee
Circuit 3
4"
SECTION
2.
One
additional judge of the superior courts is added to the Cherokee Judicial
Circuit, thereby increasing to four the number of judges of said
circuit.
SECTION
3.
Said
additional judge shall be appointed by the Governor for a term beginning
July 1, 2005, and continuing through December 31, 2006, and until his or
her successor is elected and qualified. 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 Cherokee 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 Cherokee 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 shall be the
same as are now provided by law for all other superior court judges and his or
her compensation, salary, and expense allowance from the State of Georgia and
from the counties comprising the Cherokee Judicial Circuit shall be the same as
are now provided by law for the other superior court judges of such circuit.
The provisions, if any, enacted for the supplementation by the counties of such
circuit of the salary of the judges of the superior courts of the Cherokee
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 Cherokee Judicial Circuit
shall be returnable to the terms of such 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 such 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 four
judges equal in jurisdiction and authority to attend and perform the functions,
powers, and duties of the judges of such superior courts and to direct and
conduct all hearings and trials in such courts.
SECTION
7.
Upon
and after qualification of the additional judge of the superior court of the
Cherokee Judicial Circuit, the four judges of such circuit 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 decision of the senior judge in point of service, who shall
be known as the chief judge, shall be controlling. The four judges of the
superior courts of the Cherokee Judicial Circuit shall have and are clothed with
full power, authority, and discretion to determine from time to time and term to
term the manner of calling the dockets, fixing the calendars, and order of
business in such courts. They may assign to one of such judges the hearing of
trials by jury for a term and the hearing of all other matters not requiring a
trial by jury to the other judges, and they may rotate such order of business at
the next term. They may conduct trials by jury at the same time in the same
county or otherwise within such circuit, or they may hear chambers business and
motion business at the same time at any place within such circuit. They may
provide in all respects for holding the superior courts of such circuit so as to
facilitate the hearing and determination of all the business of such courts at
any time pending and ready for trial or hearing. In all such matters relating
to the fixing, arranging for, and disposing of the business of such courts and
making appointments as authorized by law where the judges thereof cannot agree
or shall differ, the opinion or order of the chief judge as provided for in this
Act shall control.
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 such circuit; and they, or any one
of them, shall have full power and authority to draw and impanel jurors for
service in such courts so as to have jurors for the trial of cases before any of
such judges separately or before each of them at the same time.
SECTION
9.
The
four judges of the Cherokee 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 Cherokee Judicial Circuit may bear teste in the name
of any judge of the Cherokee Judicial Circuit and, when issued by and in the
name of any judge of such circuit, shall be fully valid and may be heard and
determined before the same or any other judge of such circuit. Any judge of
such 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 Cherokee Judicial Circuit are authorized to furnish the judges of
such 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.
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 upon its becoming law without such approval. For
all other purposes, this Act shall become effective July 1, 2005.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.