08 LC 29
3208
House
Bill 1254
By:
Representatives Mumford of the
95th,
Holt of the
112th,
Lunsford of the
110th,
Walker of the
107th,
and May of the
111th
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 superior court judges for each judicial circuit, so as to create a
new fifth superior court judgeship for the Alcovy Judicial Circuit; to provide
for the initial appointment and term of office of such judge; to provide for the
qualifications and for the compensation, salary, and expense allowance of said
judge to be paid by the State of Georgia and the counties comprising the
judicial circuit; to provide for jurors; to provide for powers, duties, and
responsibilities of judges of said circuit; to provide for an additional court
reporter and personnel and the compensation of such reporter and personnel; 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 superior court judges for each judicial circuit, is amended by revising
paragraph (2) as follows:
"(2)
Alcovy
Circuit 45"
SECTION
2.
The
additional judge of the superior courts of the Alcovy Judicial Circuit shall be
appointed by the Governor for a term beginning January 1, 2009, and expiring
December 31, 2010, and until his or her successor is elected and qualified.
At the general election to be held in 2010, there shall be elected a successor
to the first additional judge appointed as provided for in this Act, and he or
she shall take office on the first day of January, 2011, and serve for a term of
office of four years and until his or her successor is duly elected and
qualified. All subsequent successors to such judge shall be elected at the
general election conducted in the year in which the term of office shall expire
for a term of four years and until his or her successor is duly elected and
qualified. Said elections shall be held and conducted as is now or may
hereafter be provided by law for the election of judges of the superior courts
of the State of Georgia.
SECTION
3.
The
additional judge of the superior courts of the Alcovy Judicial Circuit shall
have and may exercise all powers, duties, dignities, jurisdiction, privileges,
and immunities of the present judges of the superior courts of this state. Any
of the judges of said court 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.
The
compensation, salary, and contingent expense allowance of said additional judge
of the superior courts of the Alcovy Judicial Circuit shall be the same as that
of other judges of the superior courts of Georgia. The additional judge shall
also be paid a county supplement by the counties comprising said circuit in the
same manner and to the same extent as the present superior court judges of said
circuit are paid.
SECTION
5.
All
writs, processes, orders, subpoenas, and any other official papers issuing out
of the superior courts of the Alcovy Judicial Circuit may bear teste in the name
of any judge of said circuit and, when issued by and in the name of any of said
judges of said circuit, shall be fully valid and may be held and determined
before any judge of said circuit.
SECTION
6.
The
drawing and impaneling of all jurors, whether grand, petit, or special, may be
by any of the judges of the superior courts of said circuit; and any such judge
of the superior courts of said circuit 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 each of said judges separately or before each of them at
the same time.
SECTION
7.
The
five judges of the superior courts of the Alcovy Judicial Circuit shall be
authorized to employ an additional court reporter for such duties and for such
compensation as such judges see fit, up to and including, but not exceeding, the
remuneration of the present court reporters of the Alcovy Judicial Circuit as
the same is now fixed or may hereafter be fixed.
SECTION
8.
The
governing authorities of the counties comprising the Alcovy Judicial Circuit are
authorized to provide suitable courtrooms, jury rooms, and chambers for the
judges of the superior courts of the Alcovy Judicial Circuit upon the
recommendation of said judges.
SECTION
9.
(a)
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 its becoming law without such
approval.
(b) For all other purposes, this Act shall become effective January 1, 2009.
(b) For all other purposes, this Act shall become effective January 1, 2009.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.