07 LC 21 9050
House
Bill 34
By:
Representatives Lane of the
167th,
Hill of the
180th,
Keen of the
179th,
Williams of the
178th,
Smith of the
168th,
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 courts, so as to provide for a fifth judge of
the superior courts of the Brunswick 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 said judge; to prescribe the compensation, salary, and expense allowance of
said judge to be paid by the State of Georgia and the counties comprising said
circuit; to authorize the judges of said court 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 said circuit; to authorize the governing
authorities of the counties which comprise the Brunswick Judicial Circuit to
provide facilities, office space, supplies, equipment, and personnel for said
judges; to declare inherent authority; to provide for 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 judges of superior courts, is amended by revising paragraph (7) as
follows:
"(7)
Brunswick
Circuit 45"
SECTION
2.
One
additional judge of the superior courts is added to the Brunswick Judicial
Circuit, thereby increasing to five the number of judges of said
circuit.
SECTION
3.
Said
additional judge shall be appointed by the Governor for a term beginning
July 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.
The
additional judge of the superior courts of the Brunswick 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 Brunswick 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 and his or her
compensation, salary, and expense allowance from the State of Georgia and from
the counties comprising the Brunswick 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 Brunswick 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 Brunswick 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 five
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
7.
Upon
and after qualification of the additional judge of the superior court of the
Brunswick Judicial Circuit, the five 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
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 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
9.
The
five judges of the Brunswick 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 Brunswick Judicial Circuit may bear teste in the name
of any judge of the Brunswick 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
11.
Upon
request of any judge of the circuit, the governing authorities of the counties
comprising the Brunswick 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.
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.
(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 upon its becoming law without such approval.
(b) For all other purposes, this Act shall become effective July 1, 2007.
(b) For all other purposes, this Act shall become effective July 1, 2007.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.