HB 1888 - Cobb County; state court judges
Georgia House of Representatives - 1995/1996 Sessions
HB 1888 - Cobb County; state court judges
Page Numbers - 1/ 2/ 3/ 4
1. Wiles 34th 2. Woods 32nd 3. Ehrhart 36th
4. Kaye 37th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 92 Nays 0 Senate Vote: Yeas 46 Nays 0
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House Action Senate
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3/8/96 Read 1st Time 3/13/96
3/12/96 Read 2nd Time
3/13/96 Favorably Reported 3/15/96
Sub Committee Amend/Sub ca
3/13/96 Read 3rd Time
3/13/96 Passed/Adopted 3/15/96
CS Comm/Floor Amend/Sub CA
3/15/96 Amend/Sub Agreed To
4/3/96 Sent to Governor
4/4/96 Signed by Governor
787 Act/Veto Number
4/4/96 Effective Date
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Immediately Transmitted to the House
Code Sections amended:
HB 1888 HB 1888/AP
H. B. No. 1888 (AS PASSED HOUSE AND SENATE)
By: Representatives Wiles of the 34th, Woods of the 32nd,
Ehrhart of the 36th and Kaye of the 37th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act creating the State Court of Cobb County,
1- 2 approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended,
1- 3 so as to change certain provisions relating to the chief
1- 4 judge and judges of the state court; to provide for a
1- 5 statement of intent; to provide an effective date; to repeal
1- 6 conflicting laws; and for other purposes.
1- 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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1- 8 An Act creating the State Court of Cobb County, approved
1- 9 March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is
1-10 amended by striking the paragraph at the end of Section 3,
1-11 which reads as follows:
1-12 "The judge of said court who is senior in length of
1-13 continuous service as a state court judge shall be the
1-14 chief judge and shall be responsible for the
1-15 administration and expeditious disposition of the business
1-16 of the state court and shall have power to make such rules
1-17 as he or she shall deem necessary or proper for such
1-18 purpose but not in conflict with the general laws of this
1-19 state, which rules shall be binding upon the other judge
1-20 or judges of the state court. If two or more judges of
1-21 said court have equal continuous service as state court
1-22 judges, the judges of the state court shall, by majority
1-23 vote, elect from their number a chief judge to serve a
1-24 two-year term and until a successor is elected. The chief
1-25 judge shall be vested with the power to make all
1-26 appointments whenever the law provides for the state court
1-27 judge to make appointments. The chief judge shall serve
1-28 as liaison between the state court and the Board of
1-29 Commissioners for Cobb County with respect to the budget,
1-30 personnel, and other matters. The chief judge shall also
1-31 serve as liaison between the state court and other courts
1-32 and between the state court and the general public. The
1-33 chief judge shall have such additional duties as may be
1-34 agreed upon by the judges of the state court and as
H. B. No. 1888
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HB 1888/AP
2- 1 prescribed by general law. The chief judge of the State
2- 2 Court of Cobb County shall receive as additional
2- 3 compensation $2,800.00 per annum.",
2- 4 and inserting in lieu thereof the following:
2- 5 "The judges of the State Court of Cobb County shall,
2- 6 during the month of July of each odd-numbered calendar
2- 7 year, by a vote of a majority of them, elect from among
2- 8 the judges of division one of said court a chief judge of
2- 9 the State Court of Cobb County to serve a two-year term,
2-10 beginning October 1 of each odd-numbered calendar year. A
2-11 vote of the majority of the judges of said court shall be
2-12 required to fill any vacancy occurring in the office of
2-13 chief judge. Any such vacancy shall be filled for the
2-14 remainder of the unexpired term within 30 days after it
2-15 occurs by majority vote as set out in this paragraph.
2-16 Until such time as a chief judge is elected pursuant to
2-17 this paragraph and whenever the position of chief judge is
2-18 vacant for any reason, the judge of division one of the
2-19 state court who shall be senior in length of continuous
2-20 service as a judge of division one of said court shall be
2-21 ex officio chief judge. In the event that two or more
2-22 judges shall be equal in such seniority and in the event
2-23 that two or more judges shall be equal in such seniority
2-24 within a division of the court, said seniority shall be
2-25 determined according to length of service of said judge on
2-26 the state court as a whole. In the event that two or more
2-27 judges shall be equal in such seniority on the court as a
2-28 whole, then the judge who was first admitted to the State
2-29 Bar of Georgia shall be such chief judge.
2-30 Upon the failure of a majority of the judges of said court
2-31 to agree on the administration and the expeditious
2-32 disposition of the business of the court, the chief judge
2-33 shall have the power and responsibility to take such
2-34 action as he or she shall deem necessary or proper for
2-35 such purpose, but not in conflict with the general laws of
2-36 this state or the uniform rules of this state, which
2-37 action, when entered on the minutes of said court, shall
2-38 be binding upon the other judges of said circuit.
2-39 Such chief judge may make appointments authorized by law
2-40 and may from time to time require reports from the clerk
2-41 of said court, the solicitor general of said court, and
2-42 the sheriff of Cobb County relative to business pending
2-43 before said court, including but not limited to issues
2-44 involving the jail population.
H. B. No. 1888
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HB 1888/AP
3- 1 The chief judge of the State Court of Cobb County shall
3- 2 receive as additional compensation $2,800.00 per annum.
3- 3 When matters are to be determined among the various judges
3- 4 according to seniority, in matters not affecting the
3- 5 designation of chief judge, then in all such instances
3- 6 said seniority shall be determined within the two
3- 7 divisions of the court according to length of service of
3- 8 said judge in said division of the court. In the event
3- 9 that two or more judges shall be equal in such seniority
3-10 within a division of the court, seniority shall be
3-11 determined according to length of service of said judge on
3-12 the state court as a whole. In the event that two or more
3-13 judges shall be equal in such seniority on the court as a
3-14 whole, then the judge who was first admitted to the State
3-15 Bar of Georgia shall be considered senior."
SECTION 2.
3-16 Said Act is further amended by striking from Section 23 of
3-17 Part 1 the following:
3-18 "The salary of the judges of Division I of the State Court
3-19 of Cobb County shall be $85,975.00 per annum.",
3-20 and inserting in lieu thereof the following:
3-21 "The salary of the judges of Division I of the State Court
3-22 of Cobb County shall be $89,574.00 per annum."
SECTION 3.
3-23 Said Act is further amended by striking from Section 23 the
3-24 following:
3-25 "The clerk of the State Court of Cobb County shall receive
3-26 an annual salary of $59,609.68, payable in equal monthly
3-27 installments from the funds of Cobb County.",
3-28 and inserting in lieu thereof the following:
3-29 "The clerk of the State Court of Cobb County shall receive
3-30 an annual salary of $61,994.07, payable in equal monthly
3-31 installments from the funds of Cobb County."
SECTION 4.
3-32 Said Act is further amended by striking paragraph (4) of
3-33 subsection (b) of Section 17 and inserting in lieu thereof a
3-34 new paragraph (4) to read as follows:
H. B. No. 1888
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HB 1888/AP
4- 1 "(4) The salary of the chief deputy clerk shall be
4- 2 $49,845.54 per annum to be paid in equal monthly
4- 3 installments from funds of Cobb County."
SECTION 5.
4- 4 Said Act is further amended by striking subsection (a) of
4- 5 Section 2-3 of Part 2 and inserting in lieu thereof a new
4- 6 subsection (a) to read as follows:
4- 7 "(a) The salary of each associate judge shall be
4- 8 $68,255.20 per annum to be paid in equal monthly
4- 9 installments from the funds of Cobb County. The associate
4-10 judges are designated as full-time judges and may not
4-11 engage in the private practice of law."
SECTION 6.
4-12 Nothing enumerated in this Act shall be deemed to limit or
4-13 restrict the inherent powers, duties, and responsibilities
4-14 of state court judges provided by the statutes of the State
4-15 of Georgia.
SECTION 7.
4-16 All laws and parts of laws in conflict with this Act are
4-17 repealed.
H. B. No. 1888
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97