Legislation	Secretary of Senate	Members	Committees	Meetings	Home	House

SB 59 - Court of Appeals Judges - quorum, election, terms

Tanksley, Charles B (32nd)	Thompson, Steve (33rd)	Stokes, Connie (43rd)

Status Summary	SC:	Judy	HC:	Judy	FR:	01/26/99	LA:	03/27/99	Signed by Governor

First Reader Summary

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the number of Judges of the Court of Appeals; to provide that the court shall sit in divisions; to specify the number of Judges which shall constitute a quorum; to provide for the election and term of office of Judges; to provide for the initial appointment of additional judges.

Code Sections - 15-3-1/ 15-3-4

SB 59  99                                       SB59/AP 
      SENATE BILL 59 
 
      By:  Senators Tanksley of the 32nd, Thompson of the 33rd 
           and Stokes of the 43rd 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 15 of the Official Code of Georgia Annotated, 
  1- 2  relating to courts, so as to change the number of Judges of 
  1- 3  the Court of Appeals; to provide that the court shall sit in 
  1- 4  divisions; to specify the number of Judges which shall 
  1- 5  constitute a quorum; to provide for the election and term of 
  1- 6  office of Judges; to provide for the initial appointment of 
  1- 7  additional judges; to provide for related matters; to 
  1- 8  provide an effective date; to repeal conflicting laws; and 
  1- 9  for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Title 15 of the Official Code of Georgia Annotated, relating 
  1-13  to courts, is amended by striking Code Section 15-3-1, 
  1-14  relating to the composition and division of the Court of 
  1-15  Appeals, and inserting in lieu thereof a new Code Section 
  1-16  15-3-1 to read as follows: 
 
  1-17    "15-3-1. 
 
  1-18    (a) Composition. The Court of Appeals shall consist of ten 
  1-19    12 Judges who shall elect one of their number as Chief 
  1-20    Judge, in such manner and for such time as may be 
  1-21    prescribed by rule or order of the court. 
 
  1-22    (b) Divisions. The court shall sit in three divisions 
  1-23    composed of three Judges in each division.  Two Judges 
  1-24    shall constitute a quorum of a division.  The assignment 
  1-25    of Judges to each division shall be made by the Chief 
  1-26    Judge, and the personnel of the divisions shall from time 
  1-27    to time be changed in accordance with rules prescribed by 
  1-28    the court.  The Chief Judge shall designate the Presiding 
  1-29    Judges of the three divisions and shall, under rules 
  1-30    prescribed by the court, distribute the cases among the 
  1-31    divisions in such manner as to equalize their work as far 
  1-32    as practicable. 
 
  1-33    (c) How cases heard. 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (1) Each division shall hear and determine, 
  2- 2      independently of the others, the cases assigned to it, 
  2- 3      except that the division next in line in rotation and a 
  2- 4      seventh Judge shall participate in the determination of 
  2- 5      each case in which there is a dissent in the division to 
  2- 6      which the case was originally assigned. 
 
  2- 7      (2) In all cases which involve one or more questions 
  2- 8      which, in the opinion of the majority of the Judges of 
  2- 9      the division or of the two divisions plus a seventh 
  2-10      Judge to which a case is assigned, should be passed upon 
  2-11      by all the members of the court, the questions may be 
  2-12      presented to all the members of the court; and if a 
  2-13      majority of all the members of the court decide that the 
  2-14      question or questions involved should, in their judgment 
  2-15      and discretion, be decided by all the members of the 
  2-16      court, the case shall be passed upon by all the members 
  2-17      of the court, provided that a majority of the Judges 
  2-18      passing upon the case concur in the judgment. 
 
  2-19      (3) In neither class of cases referred to in this 
  2-20      subsection shall there be oral argument except before 
  2-21      the division to which the cases are originally assigned. 
 
  2-22    (d) How decision overruled. It being among the purposes of 
  2-23    this Code section to avoid and reconcile conflicts among 
  2-24    the decisions made by less than all of the Judges on the 
  2-25    court and to secure more authoritative decisions, it is 
  2-26    provided that when two divisions plus a seventh Judge sit 
  2-27    as one court the court may, by the concurrence of a 
  2-28    majority, overrule any previous decision in the same 
  2-29    manner as prescribed for the Supreme Court.  As precedent, 
  2-30    a decision by such court with a majority concurring shall 
  2-31    take precedence over a decision by any division or two 
  2-32    divisions plus a seventh Judge.  A decision concurred in 
  2-33    by all the Judges shall not be overruled or materially 
  2-34    modified except with the concurrence of all the Judges. 
 
  2-35    (e) Quorum. When all the members of the court are sitting 
  2-36    together as one court, six seven Judges shall be necessary 
  2-37    to constitute a quorum. In all cases decided by such court 
  2-38    as a whole by less than ten 12 Judges, the concurrence of 
  2-39    at least five seven shall be essential to the rendition of 
  2-40    a judgment. 
 
  2-41    (f) Oral arguments. The Court of Appeals may hear oral 
  2-42    arguments at places other than the seat of government. 
  2-43    Reasonable notice shall be given of such hearings. 
 
 
 
                                 -2- 
 
 
 
  3- 1    (g) Assistance of other judges; procedure. Whenever the 
  3- 2    court unanimously determines that the business of the 
  3- 3    court requires the temporary assistance of an additional 
  3- 4    judge or additional judges or one additional panel, the 
  3- 5    court may request the assistance of senior appellate 
  3- 6    judges as provided in Chapter 3A of this title or senior 
  3- 7    superior court judges as provided in Code Section 
  3- 8    47-23-101.  The Judge whose case assignment is transferred 
  3- 9    to the additional judge shall not vote on the case." 
 
  3-10                           SECTION 2. 
 
  3-11  Said title is further amended by striking Code Section 
  3-12  15-3-4, relating to the election and term of office of 
  3-13  Judges of the Court of Appeals, and inserting in lieu 
  3-14  thereof a new Code Section 15-3-4 to read as follows: 
 
  3-15    "15-3-4. 
 
  3-16    Two The Judges of the Court of Appeals shall be elected at 
  3-17    each the general state election to be held on Tuesday 
  3-18    after the first Monday in November of the even-numbered 
  3-19    years in the manner in which Justices of the Supreme Court 
  3-20    are elected; except that three Judges shall be elected at 
  3-21    the general state election to be held in 1960 and 
  3-22    thereafter at each six-year interval, that four Judges 
  3-23    shall be elected at the general state election to be held 
  3-24    in 1962 and thereafter at each six-year interval, and that 
  3-25    one Judge appointed by the Governor on or after July 1, 
  3-26    1996, shall serve until January 1, 1999, and an initial 
  3-27    successor to the Judge appointed by the Governor on or 
  3-28    after July 1, 1996, shall be duly elected and qualified at 
  3-29    the general state election to be held in 1998.  Such 
  3-30    successor shall serve until January 1, 2001, and a 
  3-31    successor to that Judge shall be duly elected and 
  3-32    qualified at the general state election to be held in 
  3-33    2000.  Thereafter, successors to such Judge shall be 
  3-34    elected and qualified at each six-year interval. The 
  3-35    election of the Judges shall be as follows: 
 
  3-36      (1) Successors to the Judges serving in judgeships which 
  3-37      existed prior to 1999 shall be elected as follows: 
 
  3-38        (A) Successors to any Judges whose terms expired at 
  3-39        the end of 1998 shall be elected at the general 
  3-40        election in 2004 and each sixth year thereafter; 
 
 
 
 
 
                                 -3- 
 
 
 
  4- 1        (B) Successors to any Judges whose terms expire at the 
  4- 2        end of 2000 shall be elected at the general election 
  4- 3        in 2000 and each sixth year thereafter; 
 
  4- 4        (C) Successors to any Judges whose terms expire at the 
  4- 5        end of 2002 shall be elected at the general election 
  4- 6        in 2002 and each sixth year thereafter; and 
 
  4- 7        (D) Successors to any Judges whose terms expire at the 
  4- 8        end of 2004 shall be elected at the general election 
  4- 9        in 2004 and each sixth year thereafter; and 
 
  4-10      (2) Successors to the two judges serving in the 
  4-11      judgeships created in 1999 shall be elected at the 2000 
  4-12      general election and each sixth year thereafter. 
 
  4-13    The terms of the Judges shall begin on January 1 following 
  4-14    their election and, except as provided above, shall 
  4-15    continue for six years and until their successors are 
  4-16    qualified. They shall be commissioned accordingly by the 
  4-17    Governor." 
 
  4-18                           SECTION 3. 
 
  4-19  The initial judges to serve in the two judgeships created by 
  4-20  this Act shall be appointed by the Governor for terms to 
  4-21  expire at the end of 2000. 
 
  4-22                           SECTION 4. 
 
  4-23  This Act shall become effective July 1, 1999. 
 
  4-24                           SECTION 5. 
 
  4-25  All laws and parts of laws in conflict with this Act are 
  4-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-