07 LC
37 0291S
House
Bill 215 (COMMITTEE SUBSTITUTE)
By:
Representatives Heard of the
114th,
Smith of the
113th,
and McKillip of the
115th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act establishing a City Court in the County of Clarke, formerly known
as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L.
1878-79, p. 291), (now designated as the State Court of Athens-Clarke County,
Georgia) as amended, so as to revise certain provisions relating to the office
of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for
continuing the existing term of the present judge of said court; to provide that
the present judge of the court be designated chief judge; to provide that the
current compensation of the present judge of the court shall be the compensation
to be paid to the chief judge of said court; to add a judge to said court; to
provide for the appointment, election, term of office, and compensation of said
additional judge and for the election of successors to such judge; to provide
effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act establishing a City Court in the County of Clarke, formerly known as the
State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L.
1878-79, p. 291), as amended, is revised by adding a new Section II to read as
follows:
"Section
II. The Judge in office on July 1, 2007, shall continue to serve the term of
office for which he was elected and is now serving. Such Judge is to be
designated as Chief Judge on July 1, 2007. The Chief Judge is that Judge who
has the primary responsibility for the administration of the operations of said
Court, including but not limited to, budget, scheduling, policies, and rules of
the Court. Successor Chief Judges shall be the Judge who has the most years of
continuous service in the State Court of Athens-Clarke County. The Chief Judge
shall be compensated as provided in Section XLI of this Act. Effective July 1,
2007, there shall be an additional Judge of the State Court of Athens-Clarke
County. The additional Judge shall be appointed by the Governor for an initial
term of office ending on December 31, 2008, and until his or her successor is
elected and qualified. Future successors shall be elected at the general
election conducted immediately prior to the expiration of the term of office,
and they shall take office on the first day of January following their election
and shall serve for a term of office of four years and until their successors
are duly elected and qualified. Said additional Judge shall have and may
exercise all powers, duties, jurisdictions, privileges, and immunities of the
present Judges of the State Court of Athens-Clarke County. Any of the Judges of
said Court may preside over any cause and perform any official act as Judge
thereof. Such second Judge, and all successor Judges to such position, shall be
compensated as provided in Section XLI of this Act. Upon request of the Chief
Judge, the governing authority of Athens-Clarke County is authorized to furnish
the additional Judge with suitable courtroom space and facilities, office space,
office equipment, supplies, and such personnel as may be considered necessary by
the Court to the proper function of the Court. All of these expenditures are
declared to be an expense of court and payable out of the Athens-Clarke County
treasury as such."
SECTION
2.
Said
Act is further amended by revising Section V to read as follows:
"Section
V. The Clerk and Sheriff, and their deputies, of the Superior Court of
Athens-Clarke County, Georgia, shall be
ex-officio
Clerk, Sheriff, and deputies, of said State Court of Athens-Clarke County, and
for services rendered in the State Court of Athens-Clarke County, shall be
entitled to the same fees as are allowed them, by law, in the Superior Court of
Athens-Clarke County, and shall discharge the same duties, and be subject to the
same obligations and penalties."
SECTION
3.
Said
Act is further amended by revising Section XLI to read as follows:
"Section
XLI. Any other provisions of this Act to the contrary notwithstanding, no Judge
of the State Court of Athens-Clarke County shall be permitted to engage in the
private practice of law. The Chief Judge of such Court shall be paid an annual
salary equal to the sum of 90 percent of the annual base salary of a Judge of
the Superior Courts of this State plus 90 percent of the annual amount of any
supplement paid by the governing authority of Athens-Clarke County to the Judges
of the Superior Court of said county. The Judge filling the second judicial
position created in Section II of this Act, and any other Judge added to the
Court thereafter, shall be paid an annual salary equal to the sum of 90 percent
of the annual base salary of a Judge of the Superior Courts of this State plus
50 percent of the annual amount of any supplement paid by the governing
authority of Athens-Clarke County to the Judges of the Superior Court of said
county. In addition to the salary provided for the Judges of the State Court of
Athens-Clarke County in this section, the governing authority of Athens-Clarke
County shall pay on behalf of each Judge of the State Court of Athens-Clarke
County a sum equal to the contribution required for judges by the Georgia
Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A.
The governing authority of Athens-Clarke County is hereby authorized to provide
the compensation specified in this section by the adoption of a resolution
providing for such compensation sums. The compensation paid to such Judges
shall be an expense of said Court."
SECTION
4.
This
Act shall become effective on July 1, 2007, except that the Governor is
authorized to appoint the additional judge added by Section 1 of this Act prior
to July 1, 2007, but any person so appointed shall not take office until July 1,
2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.