07
LC 14 9727S/AP
House
Bill 118 (AS PASSED HOUSE AND SENATE)
By:
Representative Willard of the 49th
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 an additional judge
of the superior courts of the Cobb, Cordele, Dublin, Enotah, and Gwinnett
judicial circuits; 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 for related matters; to provide an effective date; 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 revising paragraphs (11), (13),
(16), (17.1), and (20) to read as follows:
"(11)
Cobb
Circuit 9
10"
"(13)
Cordele Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
2
3"
"(16)
Dublin
Circuit 2
3"
"(17.1)
Enotah Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
2
3"
"(20)
Gwinnett Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
9
10"
Part II
SECTION
2-1.
A
new judge of the superior court is added to the Cobb Judicial Circuit, thereby
increasing to ten the number of judges of said circuit.
SECTION
2-2.
The
initial judge appointed as provided by this Act shall be appointed by the
Governor for a term beginning on the date of his or her appointment and expiring
December 31, 2008, 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, 2008, for a term of four years beginning on January 1, 2009, 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
2-3.
Said
additional judge 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.
SECTION
2-4.
The
compensation, salary, and contingent expense allowance of said additional judge
shall be the same as that of the other judges of the superior court of the Cobb
Judicial Circuit. Any salary supplements paid by the county of said circuit
shall also be applicable to the additional judge provided for in this
Act.
SECTION
2-5.
Except
as expressly stated, this Act shall not be construed to alter or repeal any
provision of any local Act relating to the Cobb Judicial Circuit.
Part
III
SECTION 3-1.
SECTION 3-1.
One
additional judge of the superior courts is added to the Cordele Judicial
Circuit, thereby increasing to three 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, 2008, and continuing through December 31, 2008, and until his or her
successor is elected and qualified. 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 Cordele 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.
SECTION
3-4.
The
compensation, salary, and contingent expense allowance of the additional Judge
of the Superior Court for the Cordele Judicial Circuit of Georgia from the State
of Georgia shall be the same as that of other judges of the superior courts of
Georgia.
SECTION
3-5.
Upon
and after qualification of the additional judge of the superior court of the
Cordele 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
decision of the senior judge in point of service shall be
controlling.
SECTION
3-6.
The
judge of the court, senior in term of continuous service, 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.
SECTION
3-7.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Cordele Judicial Circuit may bear teste in the name
of any judge of the Cordele 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.
Part
IV
SECTION 4-1.
SECTION 4-1.
One
additional judge of the superior courts is added to the Dublin 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 of office
beginning on
the date of his or her appointment 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 general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general 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. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
the date of his or her appointment 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 general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general 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. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
SECTION
4-3.
Every
person who offers for nomination and election as one of the judges of said
superior courts of the Dublin Judicial Circuit of Georgia shall designate with
the proper authority in all elections the specific place for which he or she
offers by naming the incumbent judge whom he or she desires to succeed; and
thereupon he or she shall be qualified, if otherwise qualified, to run for said
specific judgeship and no other. In the event there is no incumbent judge in the
place for which he or she desires to offer, the candidate shall qualify by
announcing his or her intention to run for the office for which there is no
incumbent.
SECTION
4-4.
The
additional judge of the superior courts of the Dublin 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 Dublin 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.
of the present judges of the superior courts of this state. Any of the judges of the Dublin 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
4-5.
The
qualifications of such additional judge and his or her successors shall be the
same as are now provided by law for all other superior court judges; and his or
her compensation, salary, and expense allowance shall be the same as that of the
other judges of the superior courts of the Dublin Judicial Circuit. The
provisions, if any, heretofore enacted for the supplementation by the counties
of said circuit of the salary of the judge of the superior courts of the Dublin
Judicial Circuit shall also be applicable to the additional judge provided for
by this Act.
SECTION
4-6.
All
writs and processes in the superior courts of the Dublin Judicial Circuit shall
be returnable to the terms of said superior court 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
coequal in jurisdiction and authority to attend to 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
4-7.
The
three judges of the superior courts of the Dublin Judicial Circuit of Georgia 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 hereof, the decision of the senior judge in point of service, who shall
be known as the chief judge, shall be controlling. The judge with the longest
period of time of service shall be the senior judge. 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 three judges of the superior
courts of the Dublin Judicial Circuit shall have, and they are 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
shall control.
SECTION
4-8.
The
drawing and impaneling of all jurors, whether grand, petit, or special, may be
by each
of the judges of the superior courts of said circuit; and they, or each 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 each of said judges separately or before each of them at the same time.
of the judges of the superior courts of said circuit; and they, or each 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 each of said judges separately or before each of them at the same time.
SECTION
4-9.
The
three judges of the Dublin 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
4-10.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Dublin Judicial Circuit may bear teste in the name of
any judge of the Dublin 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 court may
preside over any cause therein and perform any official act as judge
thereof.
SECTION
4-11.
Upon
request of any judge of the circuit, the governing authorities of the counties
comprising the Dublin 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 herein are declared to be an expense of 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 Enotah 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, 2008, and continuing through December 31, 2008, and until his or her
successor is elected and qualified. 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 Enotah 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 Enotah 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 counties of the superior courts of the Enotah 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 Enotah
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 Enotah 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
Enotah 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 Enotah 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 Enotah Judicial Circuit may bear teste in the name of
any judge of the Enotah 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 authorities of the counties
comprising the Enotah 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
VI
SECTION 6-1.
SECTION 6-1.
The
additional judge of the superior court of the Gwinnett Judicial Circuit provided
for in this Act shall be appointed by the Governor for a term beginning January
1, 2008, and expiring December 31, 2008, and until a successor is elected
and qualified. At the nonpartisan judicial election to be held in 2008, there
shall be elected a successor to the first additional judge appointed as provided
for above, and he or she shall take office on the first day of January, 2009,
and serve for a term of office of four years and until a successor is duly
elected and qualified. All subsequent successors to such judge shall be elected
at the nonpartisan judicial 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
6-2.
The
additional judge of the superior court of the Gwinnett 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
6-3.
The
compensation, salary, and contingent expense allowance of said additional judge
of the superior court of the Gwinnett 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 county comprising said circuit in the
same manner and to the same extent as the present superior court judges of said
circuit are paid.
SECTION
6-4.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior court of the Gwinnett 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
6-5.
Upon
and after qualification of the additional judge of the superior court of the
Gwinnett Judicial Circuit, the ten judges of said court shall be authorized to
adopt, promulgate, amend, and enforce such rules of 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 divide and allocate the work and duties to be
performed by each. In the event of a disagreement between or among said judges
affecting the duties and responsibilities of the judges of the superior court of
the Gwinnett Judicial Circuit, the decision of the senior judge in term of
current continuous, uninterrupted service shall be controlling.
SECTION
6-6.
The
judge of said court, senior in term of current continuous, uninterrupted service
as a judge of the superior court, shall be the presiding judge of said court in
whom shall be vested the power to make all appointments whenever the law
provides for the superior court judge to make appointments, except as herein
provided.
SECTION
6-7.
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 any such judge
of the superior court of said circuit shall have full power and authority to
draw and impanel jurors for service in said court 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
6-8.
The
ten judges of the superior court of the Gwinnett Judicial Circuit shall be
authorized and empowered 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 Gwinnett
Judicial Circuit as the same is now fixed or may hereafter be
fixed.
SECTION
6-9.
The
governing authority of the county comprising the Gwinnett Judicial Circuit is
fully authorized and empowered to provide suitable courtrooms, jury rooms, and
chambers for the ten judges of the superior court of the Gwinnett Judicial
Circuit upon the recommendation of said judges.
Part
VII
SECTION 7-1.
SECTION 7-1.
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
7-2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7-3.
All
laws and parts of laws in conflict with this Act are repealed.