HB 1729 - Cherokee County State Court; create
Georgia House of Representatives - 1995/1996 Sessions
HB 1729 - Cherokee County State Court; create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
1. Stancil 16th 2. Pinholster 15th 3. Harris 17th
4. Evans 28th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 154 Nays 0 Senate Vote: Yeas 43 Nays 0
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House Action Senate
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2/19/96 Read 1st Time 2/26/96
2/20/96 Read 2nd Time
2/21/96 Favorably Reported 2/29/96
2/21/96 Read 3rd Time
2/21/96 Passed/Adopted 2/29/96
3/20/96 Sent to Governor
4/15/96 Signed by Governor
905 Act/Veto Number
4/15/96 Effective Date
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Code Sections amended:
HB 1729 LC 18 7506
A BILL TO BE ENTITLED
AN ACT
1- 1 To create the State Court of Cherokee County; to provide for
1- 2 jurisdiction, powers, and pending matters; to provide for
1- 3 court facilities; to provide for the designation or the
1- 4 selection of the initial judge and solicitor; to provide for
1- 5 the election, qualifications, oath, duties, powers, terms,
1- 6 and compensation of successor judges and solicitors; to
1- 7 provide for terms of court; to provide for actions and rules
1- 8 of practice and procedure; to provide for jury trials; to
1- 9 provide for selection of jurors; to provide for proceeding
1-10 and procedures in criminal cases; to provide for assistance
1-11 by other judges and compensation therefor; to provide for
1-12 the selection, duties, and compensation of the clerk; to
1-13 provide for the selection, duties, and compensation of the
1-14 court reporter; to provide for costs, fees, fines, and
1-15 forfeitures; to provide for appellate review; to provide for
1-16 the selection, duties, qualifications, and compensation of a
1-17 solicitor pro tempore; to provide for effective dates; to
1-18 provide for automatic repeal of this Act under certain
1-19 circumstances; to repeal conflicting laws; and for other
1-20 purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-22 Pursuant to Chapter 7 of Title 15 of the Official Code of
1-23 Georgia Annotated, there is created a state court of
1-24 Cherokee County, which shall be known as the State Court of
1-25 Cherokee County, with the powers and duties set out in this
1-26 Act.
SECTION 2.
1-27 The governing authority of Cherokee County shall provide an
1-28 adequate place and facilities for the holding of the State
1-29 Court of Cherokee County. The said court shall be located
1-30 in the City of Canton, Georgia, but shall be authorized by
1-31 order of the court to hold court in other buildings of the
1-32 county located in the county.
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LC 18 7506
SECTION 3.
2- 1 (a) There shall be a judge of the State Court of Cherokee
2- 2 County who shall be selected as provided in this section.
2- 3 Qualifying and primary elections preceding the general
2- 4 election shall be as required by law.
2- 5 (b) The judge of the State Court of Cherokee and Forsyth
2- 6 Counties who is elected at the November, 1996, general
2- 7 election shall become the judge of the State Court of
2- 8 Cherokee County upon the abolishment of the State Court of
2- 9 Cherokee and Forsyth Counties if that person is a permanent
2-10 resident of Cherokee County and shall serve until December
2-11 31, 2000, and until the election and qualification of such
2-12 officer's successor. The first judge of the state court
2-13 elected under this subsection shall be elected on the
2-14 Tuesday next following the first Monday in November, 2000.
2-15 The judge so elected in 2000 shall take office the first day
2-16 of January immediately following that election and shall
2-17 serve for an initial term of office which expires December
2-18 31, 2004, and upon the election and qualification of such
2-19 officer's successor. That and all future successors to such
2-20 judge whose term of office is to expire shall be elected at
2-21 the general election immediately preceding the expiration of
2-22 such term, shall take office the first day of January
2-23 immediately following that election, and shall serve for a
2-24 term of office of four years. A judge of the state court
2-25 shall serve for the term of office specified therefor in
2-26 this section and until such officer's successor is elected
2-27 and qualified.
2-28 (c) If the judge of the State Court of Cherokee and Forsyth
2-29 Counties who is elected at the November, 1996, general
2-30 election is not a resident of Cherokee County upon the
2-31 abolishment of such court, the first judge of the State
2-32 Court of Cherokee County shall be appointed by the Governor
2-33 for a term of office beginning on January 1, 1997, and
2-34 continuing through December 31, 1998, and until the election
2-35 and qualification of such officer's successor. The first
2-36 judge of the state court elected under this subsection shall
2-37 be elected on the Tuesday next following the first Monday in
2-38 November, 1998. The judge so elected in 1998 shall take
2-39 office the first day of January immediately following that
2-40 election and shall serve for an initial term of office which
2-41 expires December 31, 2002, and upon the election and
2-42 qualification of such officer's successor. That and all
2-43 future successors to such judge whose term of office is to
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LC 18 7506
3- 1 expire shall be elected at the general election immediately
3- 2 preceding the expiration of such term, shall take office the
3- 3 first day of January immediately following that election,
3- 4 and shall serve for a term of office of four years. A judge
3- 5 of the state court shall serve for the term of office
3- 6 specified therefor in this section and until such officer's
3- 7 successor is elected and qualified.
SECTION 4.
3- 8 The judge of the State Court of Cherokee County shall have
3- 9 been a resident of the State of Georgia for three years,
3-10 next preceding the beginning of said judge's term of office;
3-11 the judge shall also have been a resident of Cherokee County
3-12 for one year, next preceding the beginning of said judge's
3-13 term of office. A qualified candidate shall not be less
3-14 than 25 years of age at the commencement of his or her term
3-15 of office, shall have been admitted to the practice of law
3-16 for at least five years, and shall be a member in good
e Code
3-18 State Court of Cherokee County shall be a full-time judge
3-19 and shall not engage in the private practice of law.
SECTION 5.
3-20 The State Court of Cherokee County shall have three terms
3-21 each year commencing with the first Monday in January, 1997.
3-22 Succeeding terms shall begin in May and September. Such
3-23 terms shall remain open for the transaction of business
3-24 until the next succeeding term of said court. The terms of
3-25 said court are subject to being lengthened or shortened upon
3-26 the sole discretion of the judge of said court. The court
3-27 shall be open at all times for business. Each term of said
3-28 court shall have a jury and a nonjury calendar. When there
3-29 are not sufficient contested jury cases, the judge of said
3-30 court, in his or her own discretion, may omit the drawing of
3-31 a jury for any term of said court; however, this will not
3-32 prohibit said judge from having a nonjury calendar during
3-33 any term of court at which said judge omits having jury
3-34 cases.
SECTION 6.
3-35 All actions in the State Court of Cherokee County shall be
3-36 commenced just as actions are commenced in the superior
3-37 courts of this state. Chapter 11 of Title 9 of the Official
3-38 Code of Georgia Annotated, the "Georgia Civil Practice Act,"
3-39 as it now exists and as it may be hereafter amended, shall
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LC 18 7506
4- 1 serve as the rules of practice and procedure in the State
4- 2 Court of Cherokee County.
SECTION 7.
4- 3 Either party may demand a jury trial at any time prior to
4- 4 commencement of the trial by filing a separate demand for
4- 5 trial by jury as allowed or restricted by state law;
4- 6 provided, however, where neither party demands a trial by
4- 7 jury the judge of the State Court of Cherokee County shall
4- 8 have the right on said judge's own motion and in his or her
4- 9 own discretion to refer any cause involving an issue of fact
4-10 to a jury for trial for a general verdict in said case, or
4-11 said judge may refer any issue of fact to a jury for the
4-12 rendering of a special verdict on such issue, said jury
4-13 trial to be had in all other respects as if demanded by a
4-14 party to said case. A jury trial once demanded by either
4-15 party shall not be waived except by written consent of the
4-16 opposite party.
SECTION 8.
4-17 The jurors for the State Court of Cherokee County shall be
4-18 drawn and selected from the jury box of the Superior Court
4-19 of Cherokee County. The judge shall draw a sufficient
4-20 number of jurors in the manner required by law. All laws
4-21 with reference to the selection of traverse jurors in state
4-22 and superior courts not inconsistent with the provisions of
4-23 this Act shall apply to the State Court of Cherokee County.
4-24 The jurors so drawn shall be summoned by the Sheriff of
4-25 Cherokee County, or other lawful officer, in the manner
4-26 authorized in the Superior Court of Cherokee County at least
4-27 five days before the court date at which they are called to
4-28 serve, and from the jurors drawn and summoned as provided in
4-29 this section, there shall be impaneled in all civil cases to
4-30 be tried by a jury in said court, a panel of 12 prospective
4-31 jurors, and in each case, each side shall have three
4-32 peremptory strikes, with the plaintiff making the first
4-33 strike, to be used as required by Georgia law, and the six
4-34 remaining jurors shall constitute a jury for the trial of
4-35 such case. If there should be any deficiency of jurors from
4-36 cause or absence, the sheriff by direction of the court
4-37 shall complete the jury to talesmen sufficient to meet the
4-38 needs of the court. Each juror shall receive the same
4-39 compensation while serving as a juror in said court as is
4-40 paid in the superior court of said county, the same to be
4-41 paid by Cherokee County under the laws governing the payment
4-42 of superior court jurors. All laws of force with reference
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5- 1 to the qualifications, oaths, exemptions, and financing of
5- 2 jurors in the superior courts of this state shall, when not
5- 3 inconsistent with the provisions of this Act, be observed in
5- 4 said State Court of Cherokee County.
SECTION 9.
5- 5 (a) Proceedings in criminal cases in the State Court of
5- 6 Cherokee County shall be by accusation or referral of
5- 7 indictment by the Superior Court of Cherokee County and
5- 8 trial shall conform to the rules governing like proceedings
5- 9 in the superior court, except that the jury in said court
5-10 shall consist of six jurors to be stricken alternately by
5-11 the defendant and state from the panel of 12, as provided by
5-12 Georgia law. The defendant shall be entitled to four
5-13 peremptory strikes and the state shall be entitled to two
5-14 peremptory strikes, with the defendant making the first
5-15 strike. The remaining jurors shall compose the jury.
5-16 (b) All prosecutions in criminal cases instituted in the
5-17 State Court of Cherokee County shall be by written
5-18 accusation framed and signed by the prosecuting attorney of
5-19 such court. The accusation need not be supported by an
5-20 affidavit except in those cases where the defendant has not
5-21 been previously arrested in conjunction with the transaction
5-22 charged in the accusation and the accusation is to be used
5-23 as a basis for the issuance of a warrant for the arrest of
5-24 the defendant. Any prosecution for a county ordinance
5-25 violation or traffic violation may be upon citation.
5-26 (c) Proceedings in criminal cases in said court after
5-27 accusation shall conform to rules governing like proceedings
5-28 in the superior courts, except for the provisions for jurors
5-29 set forth in this section.
5-30 (d) Said court shall sit as a committal court upon all
5-31 criminal warrants issued by the judge thereof where demand
5-32 is made therefor by an accused.
5-33 (e) The clerk of the State Court of Cherokee County is
5-34 authorized to receive all criminal warrants for filing, to
5-35 assign each such warrant a case number, and to forward each
5-36 such warrant to the office of the solicitor of said court
5-37 for purposes of having an accusation drawn.
SECTION 10.
5-38 The judge of the State Court of Cherokee County may request
5-39 assistance under Code Section 15-1-9.1 of the Official Code
5-40 of Georgia Annotated in the event the judge is unable to
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LC 18 7506
6- 1 serve for any reason. The compensation of such judge will
6- 2 be paid from county funds.
SECTION 11.
6- 3 The State Court of Cherokee County shall have jurisdiction
6- 4 within the territorial limits of the county and concurrent
6- 5 with the superior courts over the following matters:
6- 6 (1) The trial of criminal cases below the grade of
6- 7 felony;
6- 8 (2) The trial of civil actions without regard to the
6- 9 amount in controversy, except those actions in which
6-10 exclusive jurisdiction is vested in the superior courts;
6-11 (3) The hearing of applications for and the issuance of
6-12 arrest and search warrants;
6-13 (4) The holding of courts of inquiry;
6-14 (5) The punishment of contempt by fine not exceeding
6-15 $500.00 or by imprisonment not exceeding 20 days, or
6-16 both;
6-17 (6) Review of decisions of other courts as may be
6-18 provided by law;
6-19 (7) All criminal cases pending in the State Court of
6-20 Cherokee and Forsyth Counties as of January 1, 1997,
6-21 with venue in Cherokee County and all other civil cases
6-22 or matters in Cherokee County pending in the State Court
6-23 of Cherokee and Forsyth Counties as of January 1, 1997,
6-24 with venue in Cherokee County shall be transferred
6-25 immediately to the State Court of Cherokee County and
6-26 shall be within the exclusive jurisdiction of the State
6-27 Court of Cherokee County; and
6-28 (8) All the jurisdiction that is allocated to state
6-29 courts in Chapter 7 of Title 15 of the Official Code of
6-30 Georgia Annotated as it now exists and as it may be
6-31 hereafter amended.
SECTION 12.
6-32 The clerk of the Superior Court of Cherokee County shall be
6-33 the clerk of the State Court of Cherokee County. The
6-34 Sheriff of Cherokee County shall perform for the State Court
6-35 of Cherokee County all those duties and service that are
6-36 presently, or hereafter may be, performed by the Sheriff of
6-37 Cherokee County for the Superior Court of Cherokee County,
6-38 and are consistent with the duties and services which are
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LC 18 7506
7- 1 required by the State Court of Cherokee County. The clerk
7- 2 of the State Court and the Sheriff of Cherokee County are to
7- 3 receive compensation as required by law.
SECTION 13.
7- 4 The judge of the State Court of Cherokee County may appoint
7- 5 an official court reporter who shall report such cases as
7- 6 the court may require. The reporter shall receive the same
7- 7 fees as allowed for similar service in the Superior Court of
7- 8 Cherokee County which shall be taxed and enforced as in the
7- 9 Superior Court of Cherokee County.
SECTION 14.
7-10 Costs for all cases in the State Court of Cherokee County
7-11 shall be the same as costs that are employed in the Superior
7-12 Court of Cherokee County.
SECTION 15.
7-13 On and after January 1, 1997, the clerk of the State Court
7-14 of Cherokee County shall pay into the county treasury of
7-15 Cherokee County all amounts of costs, fines, and forfeitures
7-16 collected by said court, such amounts to be paid in the fund
7-17 of the county treasury.
SECTION 16.
7-18 The judge of the State Court of Cherokee County shall
7-19 receive as compensation an amount equal to 90 percent of the
7-20 base salary plus 90 percent of any county supplement of a
7-21 judge in the superior courts in the State of Georgia. Such
7-22 compensation shall be paid in equal monthly installments
7-23 from the funds of Cherokee County.
SECTION 17.
7-24 All cases in the State Court of Cherokee County shall be
7-25 subject to review to the Court of Appeals or the Supreme
7-26 Court of Georgia in the same manner as judgments and orders
7-27 of the superior courts are now reviewed.
SECTION 18.
7-28 (a) There shall be a solicitor of the State Court of
7-29 Cherokee County who shall be selected as provided in this
7-30 section. Qualifying and primary elections preceding the
7-31 general election shall be as required by law.
7-32 (b) The solicitor of the State Court of Cherokee and Forsyth
7-33 Counties who is elected at the November, 1996, general
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LC 18 7506
8- 1 election shall become the solicitor of the State Court of
8- 2 Cherokee County upon the abolishment of the State Court of
8- 3 Cherokee and Forsyth Counties if that person is a permanent
8- 4 resident of Cherokee County and shall serve until December
8- 5 31, 2000, and until the election and qualification of such
8- 6 officer's successor. The first solicitor of the state court
8- 7 elected under this subsection shall be elected on the
8- 8 Tuesday next following the first Monday in November, 2000.
8- 9 The solicitor so elected in 2000 shall take office the first
8-10 day of January immediately following that election and shall
8-11 serve for an initial term of office which expires December
8-12 31, 2004, and upon the election and qualification of such
8-13 officer's successor. That and all future successors to such
8-14 solicitor whose term of office is to expire shall be elected
8-15 at the general election immediately preceding the expiration
8-16 of such term, shall take office the first day of January
8-17 immediately following that election, and shall serve for a
8-18 term of office of four years. A solicitor of the state
8-19 court shall serve for the term of office specified therefor
8-20 in this section and until such officer's successor is
8-21 elected and qualified.
8-22 (c) If the solicitor of the State Court of Cherokee and
8-23 Forsyth Counties who is elected at the November, 1996,
8-24 general election is not a resident of Cherokee County upon
8-25 the abolishment of such court, the first solicitor of the
8-26 State Court of Cherokee County shall be appointed by the
8-27 Governor for a term of office beginning on January 1, 1997,
8-28 and continuing through December 31, 1998, and until the
8-29 election and qualification of such officer's successor. The
8-30 first solicitor of the state court elected under this
8-31 subsection shall be elected on the Tuesday next following
8-32 the first Monday in November, 1998. The solicitor so
8-33 elected in 1998 shall take office the first day of January
8-34 immediately following that election and shall serve for an
8-35 initial term of office which expires December 31, 2002, and
8-36 upon the election and qualification of such officer's
8-37 successor. That and all future successors to such solicitor
8-38 whose term of office is to expire shall be elected at the
8-39 general election immediately preceding the expiration of
8-40 such term, shall take office the first day of January
8-41 immediately following that election, and shall serve for a
8-42 term of office of four years. A solicitor of the state
8-43 court shall serve for the term of office specified therefor
8-44 in this section and until such officer's successor is
8-45 elected and qualified.
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SECTION 19.
9- 1 The solicitor of the State Court of Cherokee County shall,
9- 2 on the date that he or she takes office, permanently reside
9- 3 within Cherokee County, shall have been a resident of
9- 4 Cherokee County for one year, next preceding the
9- 5 commencement of his or her term, shall as of such date be at
9- 6 least 25 years of age, shall have been admitted to practice
9- 7 law in the State of Georgia for three years, and shall be a
9- 8 member in good standing of the State Bar of Georgia. The
9- 9 position of solicitor shall be a full-time position, and the
9-10 solicitor may not engage in the private practice of law.
SECTION 20.
9-11 The solicitor of the State Court of Cherokee County shall
9-12 receive as compensation an amount equal to 90 percent of the
9-13 salary of the District Attorney for the Superior Court of
9-14 Cherokee County. Such compensation shall be paid in equal
9-15 monthly installments from the funds of Cherokee County.
SECTION 21.
9-16 The solicitor of the State Court of Cherokee County may
9-17 appoint a solicitor pro tempore who shall have the same
9-18 authority as the solicitor in the solicitor's absence. A
9-19 candidate for solicitor pro tempore must conform to the
9-20 qualifications required of a solicitor of the state court
9-21 set out in Section 19 of this Act. The solicitor pro
9-22 tempore shall be paid from the funds of Cherokee County such
9-23 reasonable amount as the solicitor may determine, subject to
9-24 approval by the Board of Commissioners of Cherokee County.
9-25 The solicitor pro tempore shall serve at the pleasure of the
9-26 solicitor.
SECTION 22.
9-27 All provisions of this Act, excepting those necessary to the
9-28 appointment of the initial judge and solicitor of the court,
9-29 shall become effective on January 1, 1997. Those provisions
9-30 of this Act necessary to the appointment of the initial
9-31 judge and solicitor of the State Court of Cherokee County
9-32 shall become effective upon its approval by the Governor or
9-33 upon its becoming law without such approval; provided,
9-34 however, that unless a bill repealing an Act creating the
9-35 State Court of Cherokee and Forsyth Counties, approved
9-36 February 28, 1974 (Ga. L. 1974, p. 2114), as amended, is
9-37 passed, becomes law, and becomes effective on or before
9-38 January 1, 1997, and unless a bill creating the State Court
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10- 1 of Forsyth County is passed, becomes law, and becomes
10- 2 effective on or before January 1, 1997, this Act shall be
10- 3 void and shall be automatically repealed on January 1, 1997.
SECTION 23.
10- 4 All laws and parts of laws in conflict with this Act are
10- 5 repealed.
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Last Updated on 01/02/97