06 LC 9 1676
Senate
Bill 383
By:
Senators Smith of the 52nd, Williams of the 19th, Hamrick of the 30th, Schaefer
of the 50th, Pearson of the 51st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so
as to provide that the clerk of superior court shall also serve as clerk of the
state court, magistrate court, and juvenile court of the county; to provide for
exceptions; to change the provisions relating to bonds; to change the provisions
relating to personnel; to change the provisions relating to compensation; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
adding a new Code Section 15-6-37 to read as follows:
∀15-6-37.
When
any new court having jurisdiction throughout a county within this state is
created by or pursuant to an Act of the General Assembly enacted on or after
January 1, 2005, the clerk of the superior court of the county shall serve as
the clerk of such court unless the chief judge of said court is authorized by a
local Act of the General Assembly to appoint and employ a person other than the
clerk of superior court as clerk of said
court.∀
SECTION
2.
Said
title is further amended by striking Code Section 15-6-89, relating to
additional remuneration for clerks of superior court, and inserting in lieu
thereof the following:
∀15-6-89.
In
addition to the minimum salary provided in Code Section 15-6-88 or any other
salary provided by any applicable general or local law, each clerk of the
superior court of any county who also serves as clerk of a state court, city
court, juvenile court,
or
civil court,
or any other court under any applicable
general or local law of this state or who performs duties pursuant to paragraph
(1) of subsection (a) of Code Section 15-12-1 shall receive for his or her
services in such other court a salary of not less than $286.73 per month, to be
paid from the funds of the county.
In the
event any such court for which a clerk of the superior court is serving as clerk
is abolished, the clerk of the superior court shall not be entitled to any
salary heretofore received for service in such
court.∀
SECTION
3.
Said
title is further amended by striking Code Section 15-7-48, relating to bonds of
state court clerks, and inserting in lieu thereof the following:
∀15-7-48.
(a)
Except as otherwise provided in this subsection, in every state court created by
the General Assembly for the respective counties of this state, except where the
state court clerk is elected, the clerk of superior court shall serve as clerk.
In a state court in which a person other than the clerk of superior court has
been employed by the chief judge of the state court to serve as clerk, such
person shall continue to serve as clerk upon approval of the chief judge of the
state court; provided, however, that, upon such person vacating his or her
office as clerk, the clerk of the superior court shall become the clerk of the
state court unless the chief judge of said court is authorized by a local Act of
the General Assembly to appoint and employ a person other than the clerk of
superior court as clerk of said court.
(b)
Any person who serves as a clerk of any state court, as a qualification of
holding his or
her office, shall execute bond in the sum
of
$25,000.00
$100,000.00
for the faithful performance of his
or
her duties as clerk, which amount may be
increased by local Act. However, any clerk of a superior court who is also
serving as clerk of a state court shall not be required to post a bond under
this Code section; the bond given by the clerk of the superior court for the
faithful performance of his
or
her duties shall also be conditioned on
his or
her faithful performance of his
or
her duties as clerk of the state
court.
(c)
The compensation of employees of the clerk of the state court shall be fixed by
the clerk and shall be paid out of county
funds.∀
SECTION
4.
Said
title is further amended by striking Code Section 15-10-105, relating to the
selection of magistrate court clerks, their compensation, and eligibility, and
inserting in lieu thereof the following:
∀15-10-105.
(a)
The General Assembly may provide by local law for the superior court clerk or
state court clerk to serve as clerk of magistrate court or for the selection of
some other person as the clerk of magistrate court and for the compensation of
the clerk of magistrate court. In the absence of local law, the selection and
compensation of the clerk of magistrate court shall be as provided by
subsections (b), (c), and (d) of this Code section.
(b)
With the consent of the clerk of superior court the county governing authority
may provide that the clerk of superior court shall serve as clerk of magistrate
court and shall be compensated for his or her services as clerk of magistrate
court in an amount not less than $286.73 per month. With the consent of the
clerk of the superior court and clerk of the state court, the county governing
authority may provide that the state court clerk shall serve as clerk of
magistrate court and shall be compensated for his or her service as clerk of
magistrate court in an amount not less than $286.73 per month. Such compensation
shall be retained by the clerk of superior court as his or her personal funds
without regard to whether he or she is otherwise compensated on a fee basis or
salary basis or both.
(c)
If the clerk of superior court or the clerk of state court does not serve as
clerk of magistrate court, then the county governing authority may provide for
the appointment by the chief magistrate of a clerk to serve at the pleasure of
the chief magistrate. A clerk of magistrate court so appointed shall be
compensated in an amount fixed by the county governing authority at not less
than $286.73 per month.
(d)
If there is no clerk of magistrate court, the chief magistrate or some other
magistrate appointed by the chief magistrate shall perform the duties of clerk.
A chief magistrate performing the duties of clerk, or another magistrate
appointed by the chief magistrate to perform the duties of clerk, shall receive,
in addition to any other compensation to which he or she is entitled,
compensation for performing the duties of clerk, the amount of which
compensation shall be fixed by the county governing authority at not less than
$286.73 per month.
(e)
The compensation of the clerk or magistrate performing the duties of clerk shall
be paid in equal monthly installments from county funds.
(f)
The clerk shall be required to be at least 18 years of age and shall possess a
high school diploma or its equivalent. The clerk shall not be subject to a
residency requirement.
(g)
In any case any magistrate may perform any duty to be performed by the
clerk.
(a)
Except as otherwise provided in this subsection, in every magistrate court of
this state the clerk of superior court shall serve as clerk. In a magistrate
court in which a person other than the clerk of superior court has been employed
by the chief magistrate of the magistrate court to serve as clerk pursuant to
general or local law, such person shall continue to serve as clerk upon approval
of the chief magistrate; provided, however, that, upon such person vacating his
or her office as clerk, the clerk of the superior court shall become clerk of
the magistrate court unless the chief magistrate of said court is authorized by
a local Act of the General Assembly to appoint and employ a person other than
the clerk of superior court as clerk of said court.
(b)
Any person who serves as a clerk of any magistrate court of this state, as a
qualification of holding his or her office, shall execute bond in the sum of
$100,000.00 for the faithful performance of his or her duties as clerk, which
amount may be increased by local Act. However, any clerk of a superior court
who is also serving as clerk of a magistrate court shall not be required to post
a bond under this Code section; the bond given by the clerk of the superior
court for the faithful performance of his or her duties shall also be
conditioned on his or her faithful performance of his or her duties as clerk of
the magistrate court.
(c)
The compensation of employees of the clerk of the magistrate court shall be
fixed by the clerk and shall be paid out of county
funds.∀
SECTION
5.
Said
title is further amended by striking Code Section 15-11-24, relating to juvenile
court personnel, compensation, and removal, and inserting in lieu thereof the
following:
∀15-11-24.
The
judge of the juvenile court shall have the authority to appoint clerks and any
other personnel necessary for the execution of the purposes of this chapter. The
compensation of the employees shall be fixed by the judge, with the approval of
the governing authority of the county. The salaries of the employees shall be
paid out of county funds. All appointments shall be made from eligible lists
secured from the local merit boards in those counties where such boards exist or
from lists established by competitive examinations conducted by the court. The
appointment, salary, tenure, and all other conditions of employment of the
employees shall be in accordance with the laws and regulations governing the
merit system in operation or such rules and regulations as are established by
the court. Any employee of the court may be removed for cause by the judge of
the court, the reasons therefor to be assigned in writing.
(a)(1)
Except as otherwise provided in this subsection, in every juvenile court the
clerk of superior court shall serve as clerk. In a juvenile court in which a
person other than the clerk of the superior court has been employed by the chief
judge of the juvenile court to serve clerk pursuant to general or local law,
such person shall continue to serve as clerk upon approval of the chief judge of
the juvenile court; provided, however, that, upon such person vacating his or
her office as clerk, the clerk of the superior court shall become clerk of the
juvenile court unless the chief judge of said court is authorized by a local Act
of the General Assembly to appoint and employ a person other than the clerk of
superior court as clerk of said court. The judge of the juvenile court shall
have the authority to appoint any other personnel necessary for the execution of
the purposes of this article.
(2)
When the clerk of the superior court does not serve as clerk of the juvenile
court, the following provisions shall apply:
(A)
The judge of the juvenile court shall have the authority to appoint clerks and
any other personnel necessary for the execution of the purposes of this article;
and
(B)
The compensation of the employees shall be fixed by the judge, with the approval
of the governing authority of the county. The salaries of the employees shall be
paid out of county funds. Any employee of the court may be removed for cause by
the judge of the court, the reasons therefor to be assigned in
writing.
(b)
Any person who serves as a clerk of any juvenile court of this state, as a
qualification of holding his or her office, shall execute bond in the sum of
$100,000.00 for the faithful performance of his or her duties as clerk, which
amount may be increased by local Act. However, any clerk of a superior court who
is also serving as clerk of a juvenile court shall not be required to post a
bond under this Code section; the bond given by the clerk of the superior court
for the faithful performance of his or her duties shall also be conditioned on
his or her faithful performance of his or her duties as clerk of the juvenile
court.
(c)
The compensation of employees of the clerk of the juvenile court shall be fixed
by the clerk and shall be paid out of county
funds.∀
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.