07
LC 14 9543
House
Bill 118
By:
Representatives Ehrhart of the
36th,
Lane of the
167th,
Martin of the
47th,
and Keen of the
179th
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 a fifth judge of
the superior courts of the Brunswick Judicial Circuit and a tenth judge of the
superior courts of the Cobb Judicial Circuit; 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 (7) and (11) to
read as follows:
"(7)
Brunswick
Circuit 4
5"
"(11)
Cobb
Circuit 9
10"
Part
II
SECTION 2-1.
SECTION 2-1.
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.
thereby increasing to five the number of judges of said circuit.
SECTION
2-2.
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
2-3.
Every
person who offers for nomination and election as one of the judges of said
superior courts of the Brunswick 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
2-4.
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.
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
2-5.
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 Brunswick Judicial
Circuit.
SECTION
2-6.
All
writs and processes in the superior courts of the Brunswick 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 five
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
2-7.
The
five judges of the superior courts of the Brunswick 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 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 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.
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
2-8.
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.
SECTION
2-9.
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
2-10.
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 court may preside over any cause therein and perform any official act as judge thereof.
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 court may preside over any cause therein and perform any official act as judge thereof.
SECTION
2-11.
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 herein are declared to be an expense of court and payable out of the county treasury as such.
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.
SECTION
2-12.
Nothing
herein enumerated 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.
and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part
III
SECTION 3-1.
SECTION 3-1.
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.
to ten the number of judges of said circuit.
SECTION
3-2.
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.
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
3-4.
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
3-5.
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
3-6.
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
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.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4-3.
All
laws and parts of laws in conflict with this Act are repealed.