08 LC 29
3293S
House
Bill 1163 (COMMITTEE SUBSTITUTE)
By:
Representatives Lane of the
167th,
Keen of the
179th,
Williams of the
178th,
Hill of the
180th,
Roberts of the
154th,
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 superior court judges for each judicial circuit, so as to provide
for an additional judge of the courts of the Alcovy, Atlanta, and Brunswick
judicial circuits; to provide for the initial appointment of such judges by the
Governor; to provide for the election and term of office of each such judge; to
provide for the compensation, salary, and expense allowance of said judges to be
paid by the State of Georgia and the counties comprising the respective judicial
circuits; to provide for jurors; to authorize the judges of said circuits to
divide and allocate the work and duties thereof and provide for the duties of
the chief judges and presiding judges; to provide for powers, duties, and
responsibilities of judges of said circuit; to provide for additional court
reporters and personnel and the compensation of such reporters 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:
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 superior court judges for each judicial circuit, is amended by revising
paragraphs (2), (3), and (7) as follows:
|
"(2)
Alcovy Circuit
|
4
5"
|
|
"(3)
Atlanta Circuit
|
19
20"
|
|
"(7)
Brunswick Circuit
|
4
5"
|
PART
II
SECTION 2-1.
SECTION 2-1.
A
new judge of the superior court is added to the Alcovy Judicial Circuit, thereby
increasing to five the number of judges of said circuit.
SECTION
2-2.
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
2-3.
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
2-4.
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
2-5.
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
2-6.
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
2-7.
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
2-8.
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.
PART
III
SECTION 3-1.
SECTION 3-1.
A
new judge of the superior court is added to the Atlanta Judicial Circuit,
thereby increasing to 20 the number of judges of said circuit.
SECTION
3-2.
The
additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act
shall be appointed by the Governor for a term beginning July 1, 2008, and
expiring December 31, 2010, and until a successor is elected and qualified. A
successor to the initial judge shall be elected in a manner provided by law for
the election of judges of the superior courts of this state at the general
election in November, 2010, for a term of four years beginning on January 1,
2011, and until the election and qualification of a successor. Future
successors shall be elected at the general election each four years thereafter
for terms of four years and until the election and qualification of a successor.
They shall take office on the first day of January following the date of the
election. Such elections shall be held and conducted in a manner provided by
law for the election of judges of the superior courts of this state.
SECTION
3-3.
Said
additional judge of the Atlanta 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 superior
court of said circuit may preside over any case therein and perform any official
act as judge thereof. The new judge is authorized to employ court personnel on
the same basis as other judges of the Atlanta Judicial Circuit.
SECTION
3-4.
Except
as expressly stated, this Act shall not be construed to alter or repeal any
provision of any local Act relating to the Atlanta Judicial Circuit. 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
3-5.
The
compensation, salary, and contingent expense allowance of said additional judge
of the Atlanta Judicial Circuit shall be the same as that of the other judges of
the superior court of the Atlanta Judicial Circuit. Any salary supplements
heretofore enacted by the county of said circuit shall also be applicable to the
additional judge provided for in this Act.
PART
IV
SECTION 4-1.
SECTION 4-1.
A
new judge of the superior court is added to the Brunswick Judicial Circuit,
thereby increasing to five 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, 2009, and continuing through December 31, 2010, 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 2010, for
a term of four years beginning on January 1, 2011, 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 Brunswick 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 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
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 counties of the superior courts of 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
4-5.
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
4-6.
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. The five judges of
the superior courts of the Brunswick Judicial Circuit in transacting the
business of said courts and in performing their duties and responsibilities
shall share, divide, and allocate the work and duties to be performed by each.
In the event of any disagreement among said judges in any respect thereof, the
decision of the senior judge in point of service, who shall be known as the
chief judge, shall be controlling. The chief judge shall have the right to
appoint referees of the juvenile courts of the counties comprising said circuit;
and, in the event a juvenile court is established in any of said counties within
said circuit, as provided by law, the chief judge shall appoint the judge of
said court as provided by law. The five judges of the superior courts of the
Brunswick Judicial Circuit shall have, and they are hereby clothed with, full
power, authority, and discretion to determine from time to time, and term to
term, the manner of calling the dockets and fixing the calendars and order of
business in said courts. They may assign to one of said judges the hearing of
trials by jury for a term, and the hearing of all other matters not requiring a
trial by a jury to one of 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 said circuit, or they may hear chambers
business and motion business at the same time at any place within said circuit.
They may provide in all respects for holding the superior courts of said circuit
so as to facilitate the hearing and determination of all the business of said
courts at any time pending and ready for trial or hearing. In all such matters
relating to the manner of fixing, arranging for, and disposing of the business
of said 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
hereinbefore defined shall control.
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
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
4-9.
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
4-10.
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.
PART
V
SECTION 5-1.
SECTION 5-1.
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
5-2.
(a)
For purposes of making the initial appointments of the judges to fill the
superior court judgeships 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, Parts I, II, and IV of this Act shall become effective on January 1, 2009; except that paragraph (3) of Code Section 15-6-2 as amended by Section 1 of this Act shall become effective on July 1, 2008; and Part III of this Act shall become effective on July 1, 2008.
(b) For all other purposes, Parts I, II, and IV of this Act shall become effective on January 1, 2009; except that paragraph (3) of Code Section 15-6-2 as amended by Section 1 of this Act shall become effective on July 1, 2008; and Part III of this Act shall become effective on July 1, 2008.
SECTION
5-3.
All
laws and parts of laws in conflict with this Act are repealed.