06 LC 29
2336S
The
Senate Judiciary Committee offered the following substitute to SB
624:
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 third judge of
the superior courts of the Blue Ridge Judicial Circuit, a sixth judge of the
superior courts of the Coweta Judicial Circuit, a third judge of the superior
courts of the Houston Judicial Circuit, and a third judge of the superior courts
of the Paulding Judicial Circuit; to provide for the appointment of such
additional judges by the Governor; to provide for the election of successors to
the judges initially appointed; to prescribe the powers of such judges; to
prescribe the compensation, salary, and expense allowance of such judges to be
paid by the State of Georgia and the counties comprising said circuits; to
authorize the judges of such circuits 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 circuits; to authorize the governing
authority of the counties that comprise such circuits 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:
Part
I
SECTION 1-1.
SECTION 1-1.
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 paragraphs (6), (14), (21),
and (31.1) and inserting their place new paragraphs to read as
follows:
"(6)
Blue Ridge
Circuit 2
3"
"(14)
Coweta
Circuit 5
6"
"(21)
Houston
Circuit 2
3"
"(31.1)
Paulding
Circuit 2
3"
Part
II
SECTION 2-1.
SECTION 2-1.
One
additional judge of the superior courts is added to the Blue Ridge Judicial
Circuit, thereby increasing to three the number of judges of said
circuit.
SECTION
2-2.
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; 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 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
2-3.
The
additional judge of the superior courts of the Blue Ridge 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 Blue Ridge 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
2-4.
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 county comprising the Blue Ridge 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 county of said circuit of the salary
of the judges of the superior courts of the Blue Ridge Judicial Circuit shall
also be applicable to the additional judge provided for by this
Act.
SECTION
2-5.
All
writs and processes in the superior courts of the Blue Ridge 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
2-6.
Upon
and after qualification of the additional judge of the superior court of the
Blue Ridge 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
2-7.
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
2-8.
The
three judges of the Blue Ridge 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
2-9.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Blue Ridge Judicial Circuit may bear teste in the
name of any judge of the Blue Ridge 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
2-10.
Upon
request of any judge of the circuit, the governing authority of the county
comprising the Blue Ridge Judicial Circuit is 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.
Part
III
SECTION 3-1.
SECTION 3-1.
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
3-2.
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; 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 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
3-3.
The
additional judge of the superior courts of the Coweta 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 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
3-4.
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 comprising the Coweta 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 Coweta Judicial Circuit shall also be
applicable to the additional judge provided for by this Act.
SECTION
3-5.
All
writs and processes in the superior courts of the Coweta 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 six 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
3-6.
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
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.
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
3-7.
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
3-8.
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
3-9.
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 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
3-10.
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.
Part
IV
SECTION 4-1.
SECTION 4-1.
One
additional judge of the superior courts is added to the Houston Judicial
Circuit, thereby increasing to three the number of judges of said
circuit.
SECTION
4-2.
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; 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 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
4-3.
The
additional judge of the superior courts of the Houston 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 Houston 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
4-4.
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 county comprising the Houston 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 county of said circuit of the salary of
the judges of the superior courts of the Houston Judicial Circuit shall also be
applicable to the additional judge provided for by this Act.
SECTION
4-5.
All
writs and processes in the superior courts of the Houston 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
4-6.
Upon
and after qualification of the additional judge of the superior court of the
Houston 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
4-7.
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
4-8.
The
three judges of the Houston 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
4-9.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Houston Judicial Circuit may bear teste in the name
of any judge of the Houston 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
4-10.
Upon
request of any judge of the circuit, the governing authority of the county
comprising the Houston 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.
Part
V
SECTION 5-1.
SECTION 5-1.
One
additional judge of the superior courts is added to the Paulding Judicial
Circuit, thereby increasing to three the number of judges of said
circuit.
SECTION
5-2.
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; 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 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
5-3.
The
additional judge of the superior courts of the Paulding 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 Paulding 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
5-4.
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 county comprising the Paulding 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 county of said circuit of the salary of
the judges of the superior courts of the Paulding Judicial Circuit shall also be
applicable to the additional judge provided for by this Act.
SECTION
5-5.
All
writs and processes in the superior courts of the Paulding 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
5-6.
Upon
and after qualification of the additional judge of the superior court of the
Paulding 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
5-7.
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
5-8.
The
three judges of the Paulding 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
5-9.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Paulding Judicial Circuit may bear teste in the name
of any judge of the Paulding 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
5-10.
Upon
request of any judge of the circuit, the governing authority of the county
comprising the Paulding Judicial Circuit is 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.
Part
VI
SECTION 6-1.
SECTION 6-1.
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
6-2.
(a)
For purposes of making the initial appointment of the judge to fill the superior
court judgeships created by this Act, this Act shall become effective upon its
approval by the Governor or upon its becoming law without such
approval.
(b) For all other purposes, Parts II, III, IV, and V of this Act shall become effective January 1, 2007.
(c) For all other purposes, Parts I and VI of this Act shall become effective upon this Act́s approval by the Governor or upon its becoming law without such approval.
(b) For all other purposes, Parts II, III, IV, and V of this Act shall become effective January 1, 2007.
(c) For all other purposes, Parts I and VI of this Act shall become effective upon this Act́s approval by the Governor or upon its becoming law without such approval.
SECTION
6-3.
All
laws and parts of laws in conflict with this Act are repealed.