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01 LC 28 0046

House Bill 450
By: Representatives Allen of the 117th, Connell of the 115th, Burmeister of the 114th, Howard of the 118th, Anderson of the 116th and others



A BILL TO BE ENTITLED
AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new eighth superior court judgeship for the Augusta Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the Augusta Judicial Circuit; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter for said circuit and the compensation of that reporter; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Augusta Circuit........................................................................................78"

SECTION 2.
The number of superior court judges of the Augusta Judicial Circuit is increased from seven to eight. The initial judge to fill the eighth judgeship shall be appointed by the Governor for a term beginning January 1, 2002, and ending December 31, 2002, and until a successor is elected and qualified. Thereafter, said eighth judge shall be elected in 2002 and quadrennially thereafter for a term of office of four years and until his or her successor is duly elected and qualified.

SECTION 3.
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 such judge´s compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Augusta Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 4.
The eight judges of the superior courts of the Augusta Judicial Circuit 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 between or among said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The eight judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to one or more 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 of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge, as defined in this section, shall control.

SECTION 5.
The eight judges of superior court of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for said circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 6.
Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of the superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 7.
(a) For purposes of making the initial appointment of the judge to fill the eighth superior court judgeship created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without his approval.
(b) For all other purposes, this Act shall become effective January 1, 2002.

SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.