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03 LC 14 8450S
House Bill 836 (FLOOR
SUBSTITUTE)
By: Representatives Mills of the 67th, Post 2, Rogers of the 20th, Amerson of the 9th, Reece of the 21st, and Coan of the 67th, Post 1
By: Representatives Mills of the 67th, Post 2, Rogers of the 20th, Amerson of the 9th, Reece of the 21st, and Coan of the 67th, Post 1
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend an Act creating the State Court of Hall County,
approved August 14, 1891 (Ga. L. 1890_91, Vol. II, p. 939), as amended, so as to
abolish the associate judge position for said court; to provide for an
additional full_time judge for said court; to provide for the initial
appointment of such additional judge; to provide for terms of office of the
judges of said court; to provide for the subsequent election of the judges of
said court; to provide for qualifications, restrictions, discipline, power, and
authority of the judges of said court; to provide for salaries of the judges of
said court; to provide for a Chief Judge of said court; to revise and restate
provisions relating to the Solicitor´s salary; 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.
An Act creating the State Court of Hall County, approved
August 14, 1891 (Ga. L. 1890_91, Vol. II, p. 939), as amended, is amended by
striking that Section 2B that was added by the amendatory Act approved April 6,
1992 (Ga. L. 1992, p. 5414) and that related to the position of associate state
court judge and thereby abolishing the position of associate state court
judge.
SECTION 2.
Said Act is further amended by striking Section 2, Section
2A, and that Section 2B that was added by the amendatory Act approved April 12,
1982 (Ga. L. 1982, p. 3852) and that related to compensation of the Solicitor,
in their entirety and inserting in lieu thereof a new Section 2 to read as
follows:
"SECTION
2.
(a) Until July 1, 2003, there shall be one full_time judge
and one associate judge of the State Court of Hall County, as provided by
existing law. The full_time judge of said court, in office prior to July 1,
2003, shall continue to serve the term of office to which he or she was elected
and until the election and qualification of his or her
successor.
(b) Effective July 1, 2003, there shall be two full_time judges of the State Court of Hall County. The first judge shall continue to serve as provided in subsection (a) of this section. The second judge, added effective July 1, 2003, shall be appointed by the Governor for an initial term of office ending on December 31, 2004, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Hall County at a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter pursuant to Code Section 21_2_138 of the O.C.G.A. The judge thus elected shall serve a four_year term and until such officer´s successor is elected and qualified.
(c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. Said judges shall be vested with the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A.
(d) The judges of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees.
(e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a Superior Court judge, from state funds only, effective July 1, 2003, plus any increases in said annual salary for Superior Court judges, from state funds only, on or after July 1, 2003.
(f) The judge who has served the longest period of time in office of said court shall be the Chief Judge."
(b) Effective July 1, 2003, there shall be two full_time judges of the State Court of Hall County. The first judge shall continue to serve as provided in subsection (a) of this section. The second judge, added effective July 1, 2003, shall be appointed by the Governor for an initial term of office ending on December 31, 2004, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Hall County at a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter pursuant to Code Section 21_2_138 of the O.C.G.A. The judge thus elected shall serve a four_year term and until such officer´s successor is elected and qualified.
(c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. Said judges shall be vested with the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A.
(d) The judges of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees.
(e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a Superior Court judge, from state funds only, effective July 1, 2003, plus any increases in said annual salary for Superior Court judges, from state funds only, on or after July 1, 2003.
(f) The judge who has served the longest period of time in office of said court shall be the Chief Judge."
SECTION 3.
Said Act is further amended by adding at the end of Section
4A new subsections (d) and (e) to read as
follows:
"(d) The Solicitor of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees.
(e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a District Attorney, from state funds only, effective July 1, 2003, plus any increases in said annual salary for District Attorneys, from state funds only, on or after July 1, 2003."
"(d) The Solicitor of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees.
(e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a District Attorney, from state funds only, effective July 1, 2003, plus any increases in said annual salary for District Attorneys, from state funds only, on or after July 1, 2003."
SECTION 4.
Said Act is further amended by striking from subsection (b)
of Section 4A all references to the
following:
"Section 2B of this Act"
and inserting in lieu thereof the following:
"Section 4(d) of this Act".
"Section 2B of this Act"
and inserting in lieu thereof the following:
"Section 4(d) of this Act".
SECTION 5.
This Act shall become effective July 1,
2003.
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.