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01 LC 29 0175S
House Bill 450 (COMMITTEE
SUBSTITUTE)
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, a new eighth superior court judgeship for the Gwinnett
Judicial Circuit, a new fourth superior court judgeship for the Rome Judicial
Circuit, and a new nineteenth superior court judgeship for the Atlanta Judicial
Circuit; to provide for the initial appointment, election, and term of office of
each such judge; to provide for the qualifications and for the compensation,
salary, and expense allowance of said judges to be paid by the State of Georgia
and the counties comprising the respective judicial circuits; to provide for
jurors; to authorize the judges of said circuits to divide and allocate the work
and duties thereto and provide for the duties of the chief judges and presiding
judges; to provide for powers, duties, and responsibilities of judges of said
circuit; to provide for additional court reporters and personnel and the
compensation of such reporters and personnel; to declare inherent authority; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
PART
I
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 paragraphs (3), (5), and (20) in their entirety
and inserting in lieu thereof new paragraphs to read as
follows:
"(3)
Atlanta Circuit 18
19"
"(5)
Augusta Circuit 7
8"
"(20)
Gwinnett Circuit 7
8"
PART
II
SECTION 2.
Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of superior court judges for each of the
judicial circuits, is amended by striking paragraph (33) of said Code section in
its entirety and inserting in lieu thereof a new paragraph (33) to read as
follows:
"(33)
Rome Circuit 3
4"
PART
III
SECTION 3.
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 4.
The qualifications of such additional judge of the Augusta
Judicial Circuit 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 5.
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 6.
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 7.
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.
PART
IV
SECTION 8.
The additional judge of the superior court of the
Gwinnett Judicial Circuit shall be appointed by the Governor for a term
beginning January 1, 2002, and expiring December 31, 2002, and until
his or her successor is elected and qualified. At the general election to be
held in 2002, there shall be elected a successor to the first additional judge
appointed as provided for above, and he or she shall take office on the first
day of January, 2003, and serve for a term of office of four years and until his
or her successor is duly elected and qualified. All subsequent successors to
such judge shall be elected at the general election conducted in the year in
which the term of office shall expire for a term of four years and until his or
her successor is duly elected and qualified. Said elections shall be held and
conducted as is now or may hereafter be provided by law for the election of
judges of the superior courts of the State of Georgia.
SECTION 9.
The additional judge of the superior court of the Gwinnett
Judicial Circuit shall have and may exercise all powers, duties, dignities,
jurisdiction, privileges, and immunities of the present judges of the superior
courts of this state. Any of the eight judges of said court may preside over
any cause, whether in their own or in other circuits, and perform any official
act as judge thereof, including sitting on appellate courts as provided by
law.
SECTION 10.
The compensation, salary, and contingent expense allowance
of said additional judge of the superior court of the Gwinnett Judicial Circuit
shall be the same as that of other judges of the superior courts of Georgia.
The additional judge shall also be paid a county supplement by the county
comprising said circuit in the same manner and to the same extent as the present
superior court judges of said circuit are paid.
SECTION 11.
All writs, processes, orders, subpoenas, and any other
official paper issuing out of the superior court of the Gwinnett Judicial
Circuit may bear teste in the name of any judge of said circuit and, when issued
by and in the name of any of said judges of said circuit, shall be fully valid
and may be held and determined before any judge of said
circuit.
SECTION 12.
Upon and after qualifications of the additional judge of the
superior court of the Gwinnett Judicial Circuit, the eight judges of said court
shall be authorized to adopt, promulgate, amend, and enforce such rules of
procedure in consonance with the Constitution and laws of the State of Georgia
as they deem suitable and proper for the effective transaction of the business
of the court; and, in transacting the business of the court and in performing
their duties and responsibilities, they shall divide and allocate the work and
duties to be performed by each. In the event of a disagreement between or among
said judges affecting the duties and responsibilities of the judges of the
superior court of the Gwinnett Judicial Circuit, the decision of the senior
judge in term of current continuous, uninterrupted service shall be
controlling.
SECTION 13.
The judge of said court, senior in term of current
continuous, uninterrupted service as a judge of the superior court, shall be the
presiding judge of said court in whom shall be vested the power to make all
appointments whenever the law provides for the superior court judge to make
appointments, except as herein provided.
SECTION 14.
The drawing and impaneling of all jurors, whether grand,
petit, or special, may be by any of the judges of the superior court of said
circuit; and any such judge of the superior court of said circuit shall have
full power and authority to draw and impanel jurors for service in said court so
as to have jurors for the trial of cases before each of said judges separately
or before each of them at the same time.
SECTION 15.
The eight judges of the superior court of the Gwinnett
Judicial Circuit shall be authorized and empowered to employ an additional court
reporter for such duties and for such compensation as such judges see fit, up to
and including, but not exceeding, the remuneration of the present court
reporters of the Gwinnett Judicial Circuit as the same is now fixed or may
hereafter be fixed.
SECTION 16.
The governing authority of the county comprising the
Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable
courtrooms, jury rooms, and chambers for the eight judges of the superior court
of the Gwinnett Judicial Circuit upon the recommendation of said
judges.
PART
V
SECTION 17.
A new judge of the superior courts is added to the Rome
Judicial Circuit, increasing the number of judges to four.
SECTION 18.
Such additional judge of the Rome Judicial Circuit shall be
appointed by the Governor to take office within 30 days after the date this Act
becomes law, for a term ending December 31, 2002, and until the election and
qualification of a successor. Thereafter, such additional judge shall be
elected in a manner provided by law for the election of judges of the superior
courts of this state at the general election in November, 2002, for a term of
four years beginning on January 1, 2003, and until the election and
qualification of a successor. Future successors shall be elected at the general
election each four years thereafter for terms of four years and until the
election and qualification of a successor. They shall take office on the first
day of January following the date of the election. Such elections shall be held
and conducted in a manner provided by law for the election of judges of the
superior courts of this state.
SECTION 19.
Said additional judge of the Rome Judicial Circuit shall
have and may exercise all powers, duties, dignity, jurisdiction, privileges, and
immunities of the present judges of the superior courts of this state. Any of
the four judges of the superior courts of said circuit may preside over any case
therein and perform any official act as judge thereof.
SECTION 20.
The compensation, salary, and contingent expense allowance
of said additional judge of the Rome Judicial Circuit shall be the same as that
of the other judges of the Superior Court of the Rome Judicial
Circuit.
SECTION 21.
The four judges of the Rome Judicial Circuit, in transacting
the business of the superior courts of said circuit and in performing their
duties and responsibilities shall share, divide, and allocate the work and
duties to be performed by each of them. In the event of disagreement between
said judges in respect to the allocation of work and duties, the decision of the
senior judge in point of continuous service as superior court judge shall be
controlling. In the event that none of said judges shall be senior in point of
continuous service as superior court judges, the judge who was first admitted to
the State Bar shall be considered the senior judge.
SECTION 22.
The judge of the Rome Judicial Circuit who is senior in
point of continuous service as superior court judge shall be the presiding judge
of said circuit. In the event that none of said judges shall be senior in point
of continuous service as superior court judge, the judge who was first admitted
to the State Bar shall be presiding judge.
PART
VI
SECTION 23.
A new judge of the superior court is added to the
Atlanta Judicial Circuit, thereby increasing to 19 the number of judges of said
circuit.
SECTION 24.
The additional judge of the Atlanta Judicial Circuit
appointed pursuant to this Act shall be appointed by the Governor for a term
beginning January 1, 2002, and expiring December 31, 2002, and until a successor
is elected and qualified. A successor to the initial judge shall be elected in
a manner provided by law for the election of judges of the superior courts of
this state at the general election in November, 2002, for a term of four years
beginning on January 1, 2003, and until the election and qualification of a
successor. Future successors shall be elected at the general election each
four years thereafter for terms of four years and until the election and
qualification of a successor. They shall take office on the first day of
January following the date of the election. Such elections shall be held and
conducted in a manner provided by law for the election of judges of the superior
courts of this state.
SECTION 25.
Said additional judge of the Atlanta Judicial Circuit shall
have and may exercise all powers, duties, dignity, jurisdiction, privileges, and
immunities of the present judges of the superior courts of this state. Any of
the judges of the superior court of said circuit may preside over any case
therein and perform any official act as judge thereof. The new judge is
authorized to employ court personnel on the same basis as other judges of the
Atlanta Judicial Circuit.
SECTION 26.
The compensation, salary, and contingent expense allowance
of said additional judge of the Atlanta Judicial Circuit shall be the same as
that of the other judges of the superior court of the Atlanta Judicial Circuit.
Any salary supplements heretofore enacted by the county of said circuit shall
also be applicable to the additional judge provided for in this Act.
PART
VII
SECTION 27.
(a) For purposes of making the initial appointments of
the judges to fill the superior court judgeships created by this Act, this Act
shall become effective upon its approval by the Governor or its becoming law
without such approval.
(b) For all other purposes,
Section 1 of this Act shall become effective January 1, 2002, and Section 2 of
this Act shall become effective 30 days after this Act becomes a
law.
SECTION 28.
All laws and parts of laws in conflict with this Act are
repealed.