06 LC
25 4313
Senate
Bill 508
By:
Senators Tarver of the 22nd and Powell of the 23rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the City Court of Richmond County, now the State Court of
Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as
amended, so as to change the second
divisiońs
jurisdiction to make the second division judge coequal with those judges of
Division 1; to remove references to associate judge; to create a third division
of the State Court of Richmond County; to provide for the judge of the third
division and the qualifications, election, duties, responsibilities, and
compensation thereof; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the City Court of Richmond County, now the State Court of Richmond
County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is
amended by striking Section 2-2 and inserting in its place a new section to read
as follows:
∀SECTION
2-2.
(a)(1)
In addition to all other judges of the state court, there shall be one judge of
the second division. The qualifications and election of the judge shall be as
provided by general law.
(2)
Except as otherwise provided in this section, said judge shall have and may
exercise all powers, duties, jurisdictions, privileges, and immunities of the
present judge of the State Court of Richmond County under the provision of this
Act and the general law applicable to said present judge.
(b)
The initial judge shall be appointed by the Governor for an initial term
beginning on July 1, 1997, and expiring on December 31, 1998, and upon the
election and qualification of a
successor.∀
SECTION
2.
Said
Act is further amended by striking Section 2-3 and inserting in its place a new
section to read as follows:
∀SECTION
2-3.
(a)
The judge shall receive the same compensation as the present judge of the State
Court of Richmond County payable in equal monthly installments from the funds of
Augusta-Richmond County, Georgia. The judge is designated as a full-time judge
and may not engage in the private practice of law.
(b)
Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia,
shall also be applicable to the
judge.∀
SECTION
3.
Said
Act is further amended by striking Section 2-5 and inserting in its place a new
section to read as follows:
∀SECTION
2-5.
The
chief judge shall receive additional compensation for performing the handling of
the administration and operation of the State Court of Richmond
County.∀
SECTION
4.
Said
Act is further amended by striking Section 2-7 and inserting in its place a new
section to read as follows:
∀SECTION
2-7.
The
judge shall take an oath to faithfully administer and discharge the duties of
his or her office in accordance with the Constitution and laws of the State of
Georgia, which oath may be administered by any officer authorized under the laws
of this state to administer
oaths.∀
SECTION
5.
Said
Act is further amended by adding a new Part III to read as follows:
∀PART
III
SECTION 3-1.
SECTION 3-1.
There
is created a third division of the State Court of Richmond County. The third
division of the state court shall be governed by the provisions of general law
contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts,
and by the additional provisions of this part.
SECTION
3-2.
(a)(1)
In addition to all other judges of the state court, there shall be one judge of
the third division. The qualifications and election of the judge shall be as
provided by general law.
(2)
Except as otherwise provided in this section, said judge shall have and may
exercise all powers, duties, jurisdictions, privileges, and immunities of the
present judges of the State Court of Richmond County under the provision of this
Act and the general law applicable to said present judges.
(b)
The initial judge shall be elected by the qualified voters of Richmond County at
the time of the November, 2006, state-wide general election for a four-year term
beginning on January 1, 2007, and expiring on December 31, 2010, and until the
election and qualification of a successor. The successor and each future
successor shall be elected by the qualified voters of Richmond County at the
time of the state-wide general election immediately preceding the expiration of
the then current
judgés
term of office, shall take office on the first day of January immediately
following that election, and shall serve for a term of office of four years and
until the election and qualification of a successor. Such elections shall be
conducted as provided by Chapter 7 of Title 15 and Title 21 of the O.C.G.A.
SECTION
3-3.
(a)
The judge shall receive the same compensation as the present judges of the State
Court of Richmond County payable in equal monthly installments from the funds of
Augusta-Richmond County, Georgia. The judge is designated as a full-time judge
and may not engage in the private practice of law.
(b)
Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia,
shall also be applicable to the judge.
SECTION
3-4.
The
judge of the State Court of Richmond County who has served the longest period of
time in office as judge of said court shall be the chief judge of the State
Court of Richmond County.
SECTION
3-5.
The
chief judge shall receive additional compensation for performing the handling of
the administration and operation of the State Court of Richmond
County.
SECTION
3-6.
Such
chief judge shall be responsible further for the administration and the
expeditious disposition of the business of the state court, both civil and
criminal, and shall have power to make such rules as the chief judge shall deem
necessary or proper for such purpose but which are not in conflict with the
general laws of this state. Such rules, when approved by the chief judge and
filed in the office of the clerk of the State Court of Richmond County, shall be
binding upon the other judge or judges of said court. The chief judge shall be
vested with the power to make all appointments whenever the law provides for the
state 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
state court of said county and the duties of the judges thereof; may assign to
the other judge or judges of said court such business of said court as the chief
judge shall deem appropriate; may require reports from the clerk of the court
and from any judge of said court relative to business of the court; and
generally shall supervise and direct the disposition of all business, both civil
and criminal of said court.
SECTION
3-7.
The
judge shall take an oath to faithfully administer and discharge the duties of
his or her office in accordance with the Constitution and laws of the State of
Georgia, which oath may be administered by any officer authorized under the laws
of this state to administer
oaths.∀
SECTION
6.
Said
Act is further amended by striking subsection (d) of Section II B and inserting
in its place a new subsection to read as follows:
∀(d)
The judge of the State Court of Richmond County who has served the longest
period of time in office as judge of said court shall be the chief judge of the
State Court of Richmond
County.∀
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.