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HB167.html
03 LC 14 8156/AP
House Bill 167 (AS PASSED HOUSE
AND SENATE) By: Representatives Barnes of the
84th, Post 2, Dodson of the 84th, Post 1, Hill of the
81st, Jordan of the 83rd, Buckner of the 82nd,
and others
A BILL TO BE
ENTITLED AN ACT
To provide for the division and allocation of duties among
the judges of the superior courts of the Clayton Judicial Circuit; to provide
for the power, authority, discretion, and performance of duties of the judges;
to provide for the selection, service, and tenure of the chief judge of the
circuit; to provide for the filling of vacancies in the position of chief judge;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The judges of the superior courts of the Clayton Judicial
Circuit of Georgia 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 that a majority of the judges
cannot reach agreement in any respect thereof, the decision of the chief judge
shall be controlling. The chief judge shall appoint the judge of the juvenile
court as provided by law. The judges of the superior courts of the Clayton
Judicial Circuit shall have and they are hereby clothed with full power,
authority, and discretion to determine from time to time, and 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 business of said courts, and making appointments as
authorized by law where the judges thereof cannot reach a majority decision, the
opinion or order of the chief judge as hereinafter defined shall
control.
SECTION 2.
(a) The superior court judge of the Clayton Judicial
Circuit who has served the longest time as a superior court judge of the Clayton
Judicial Circuit shall be the chief judge of the circuit effective the date
hereof. Said chief judge shall serve until December 31, 2006. Thereafter the
position of chief judge shall be rotated, with each term consisting of four
years. The chief judge for the term beginning January 1, 2007, shall be the
superior court judge (other than the chief judge who has just completed his or
her term) who has served the longest continuous time as a superior court judge
of the Clayton Judicial Circuit. If a judge has previously served as chief
judge, the length of service for such judge shall be defined as his or her
service as a superior court judge of the Clayton Judicial Circuit since the
conclusion of his or her last term as chief judge. In the event there are two
or more judges who have the same length of service, then the judge who has been
admitted to the bar of the State of Georgia the longest time shall serve as
chief judge. (b) Should a judge be eligible and
qualify to serve as chief judge but decline to do so, or should a judge while
serving as chief judge desire to resign such position, he or she shall do so by
notifying the other superior court judges of the Clayton Judicial Circuit in
writing, and in such event, the next superior court judge in line would assume
the position of chief judge. (c) In the event of a
vacancy in the position of chief judge during that
judge´s
term by death, resignation, or other disqualification of the current chief
judge, then the next judge in line would assume the duties of chief judge for
the remainder of that term and such judge assuming the duties would then serve
the ensuing full four-year term as chief judge.
SECTION 3.
Nothing herein enumerated shall be deemed to limit or
restrict the inherent powers, duties, and responsibilities of superior court
judges provided by the Constitution and statutes of the State of
Georgia.
SECTION 4.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.
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