08 LC 29
3441S
The
Senate Appropriations Committee offered the following substitute to HB
1163:
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 and Douglas 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) and (15.1) as follows:
|
"(2)
Alcovy Circuit
|
4
5"
|
|
"(15.1)
Douglas Circuit
|
3
4"
|
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 courts is added to the Douglas Judicial Circuit,
thereby increasing to four the number of judges of said circuit.
SECTION
3-2.
An
Act creating the Douglas Judicial Circuit, approved March 20, 1980 (Ga. L. 1980,
p. 563), as amended, particularly by an Act approved March 27, 1998 (Ga. L.
1998, p. 220), is amended by revising and restating all of the substantive
portions of said Act as follows:
"SECTION
1.
(a)
The Douglas Judicial Circuit shall be composed of the County of Douglas. There
shall be four judges of the superior court in the Douglas Judicial
Circuit.
(b)
The offices of the judges of the superior court and the district attorney of the
Douglas Judicial Circuit are created and shall be filled in the manner provided
by law for the election of judges of the superior courts of this state and at
the nonpartisan judicial election and for the election of district attorneys of
this state and each such official shall serve a term of four years and a
successor is elected and qualified. The fourth judge appointed as provided by
this Act shall be appointed by the Governor for a term beginning January 1,
2009, until December 31, 2010, and a successor is elected and qualified. A
successor to the initial judge 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, 2010, and until a 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. Successors 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.
(c)
The chief judge of the Douglas Judicial Circuit shall be the judge who has the
most experience as a sitting judge of a superior court in the State of Georgia.
The four 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 between the judges as to the operation of the superior court,
the decision of the chief judge shall control. The chief judge shall be the
presiding judge of the court, in whom is to vest the power to make all
appointments whenever the law provides for the superior court judge to make
appointments.
(d)
The judges of the superior courts of the Douglas 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 superior courts of said circuit may preside
over any case therein and perform any official act as judge
thereof.
SECTION
2.
(a)
Each judge of said circuit shall receive such compensation and allowances as are
now or hereafter provided by law. In addition to the compensation and expenses
paid from state funds, each judge of the superior court of the Douglas Judicial
Circuit shall receive a supplemental expense allowance of $8,000.00 per annum,
payable in equal monthly installments from the funds of Douglas County. Any
other provision of law to the contrary notwithstanding, such supplemental
expense allowance paid under the provisions of this subsection shall not be used
or included in calculating any pension, retirement, or other benefits or
payments to such judge by Douglas County nor any payments to any such judge who
becomes a senior judge of the superior courts.
(b)
Upon the request of any judge of the circuit, the governing authority of the
county comprising the Douglas Judicial Circuit is hereby 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 for the proper functioning of the
court. All the expenditures authorized in this subsection are hereby declared to
be expenses of the court and payable out of the county treasury as
such.
SECTION
3.
(a)
The compensation and allowances of the district attorney of said circuit shall
be as now or hereafter provided by law.
(b)(1)
The district attorney may employ such additional assistant district attorneys,
deputy district attorneys, or other attorneys, investigators, paraprofessionals,
clerical assistants, victim and witness assistance personnel, and other
employees or independent contractors as may be authorized by the board of
commissioners. Such personnel shall be compensated by the county in a manner
and amount fixed by the district attorney with the approval of the board of
commissioners.
(2)
Any investigator appointed pursuant to this subsection or Code Section
15-18-14.1 of the O.C.G.A. shall meet the qualifications for certification as a
peace officer as provided in Chapter 8 of Title 35 of the O.C.G.A., the 'Georgia
Peace Officer Standards and Training Act.' Such investigators shall exercise
all powers of a peace officer including the power to make arrests and to apply
for, execute, and return any warrant, rule, order, or process within Douglas
County.
(3)
This subsection shall apply from the effective date of this subsection until
December 31, 2011, after which time this subsection shall be of no further
force or effect.
SECTION
4.
(a)
The grand jury of the Douglas Judicial Circuit shall convene as provided by law
and whenever, in the opinion of the judges of said circuit, it is expedient or
necessary to have a grand jury, they may, in their discretion, draw, call, and
empanel a grand jury for services at any term of court.
(b)
All writs, processes, orders, subpoenas, and any other official paper issuing
out of the superior courts of the Douglas Judicial Circuit may bear teste in the
name of any judge of the Douglas 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."
SECTION
3-3.
The
compensation, salary, and contingent expense allowance of each judge of the
Superior Court for the Douglas Judicial Circuit of Georgia from the State of
Georgia shall be the same as that of other judges of the superior courts of
Georgia.
PART
IV
SECTION 4-1.
SECTION 4-1.
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
4-2.
(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, this Act shall become effective on January 1, 2009.
(b) For all other purposes, this Act shall become effective on January 1, 2009.
SECTION
4-3.
All
laws and parts of laws in conflict with this Act are repealed.