06 LC 28
2974
Senate
Bill 624
By:
Senators Seabaugh of the 28th, Chance of the 16th, Harp of the 29th, Staton of
the 18th, Seay of the 34th and others
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 sixth judge of
the superior courts of the Coweta 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 Coweta Judicial Circuit to provide
facilities, office space, supplies, equipment, and personnel for such judges; to
declare inherent authority; 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 (14) and
inserting in its place a new paragraph to read as follows:
"(14)
Coweta
Circuit 5
6"
SECTION
2.
One
additional judge of the superior courts is added to the Coweta Judicial Circuit,
thereby increasing to six the number of judges of said circuit.
SECTION
3.
Said
additional judge shall be appointed by the Governor for a term beginning
January 1, 2007, and continuing through December 31, 2008, 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 2008, for a term of four
years beginning on January 1, 2009, 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 Coweta Judicial Circuit 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 Coweta 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 Coweta 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 Coweta
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 Coweta 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 six 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
Coweta Judicial Circuit, the six 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 six judges of the superior courts of the
Coweta 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
six judges of the Coweta 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 Coweta Judicial Circuit may bear teste in the name of
any judge of the Coweta 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 Coweta 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.
All
laws and parts of laws in conflict with this Act are repealed.