07 LC 29
2677
House
Bill 507
By:
Representatives Porter of the
143rd,
Parrish of the
156th,
Morris of the
155th,
Freeman of the
140th,
and Lord of the
142nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to
the number of judges of superior court, so as to provide for a third judge of
the superior courts of the Dublin Judicial Circuit; to provide for the
appointment of such additional judge by the Governor; to provide for the
election of successors to the judge initially appointed; to prescribe the power
of such judge; to prescribe the compensation, salary, and expense allowance of
such judge to be paid by the State of Georgia and the counties comprising said
circuit; to authorize the judges of such circuits to divide and allocate the
work and duties thereof; to provide for the manner of impaneling jurors; to
provide for an additional court reporter for such circuit; to authorize the
governing authority of the counties that comprise such circuit to provide
facilities, office space, supplies, equipment, and personnel for such judge; to
declare inherent authority; 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.
Code
Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number
of judges of superior courts, is amended by revising paragraph (16) to read as
follows:
"(16)
Dublin
2
3"
SECTION
2.
One
additional judge of the superior courts is added to the Dublin Judicial Circuit,
thereby increasing to three the number of judges of said circuit.
SECTION
3.
Said
additional judge shall be appointed by the Governor for a term of office
beginning on
the date of his or her appointment and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
the date of his or her appointment and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2008, for a term of four years beginning on the first day of January, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
SECTION
4.
Every
person who offers for nomination and election as one of the judges of said
superior courts of the Dublin Judicial Circuit of Georgia shall designate with
the proper authority in all elections the specific place for which he or she
offers by naming the incumbent judge whom he or she desires to succeed; and
thereupon he or she shall be qualified, if otherwise qualified, to run for said
specific judgeship and no other. In the event there is no incumbent judge in the
place for which he or she desires to offer, the candidate shall qualify by
announcing his or her intention to run for the office for which there is no
incumbent.
SECTION
5.
The
additional judge of the superior courts of the Dublin Judicial Circuit of
Georgia 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 Dublin Judicial Circuit 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.
of the present judges of the superior courts of this state. Any of the judges of the Dublin Judicial Circuit 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
6.
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 his or
her compensation, salary, and expense allowance shall be the same as that of the
other judges of the superior courts of the Dublin 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 Dublin
Judicial Circuit shall also be applicable to the additional judge provided for
by this Act.
SECTION
7.
All
writs and processes in the superior courts of the Dublin Judicial Circuit shall
be returnable to the terms of said superior court as they are now fixed and
provided by law, or as they may hereafter be fixed or determined by law; and all
terms of said courts shall be held in the same manner as though there were but
one judge, it being the intent and purpose of this Act to provide three judges
coequal in jurisdiction and authority to attend to and perform the functions,
powers, and duties of the judges of said superior courts and to direct and
conduct all hearings and trials in said courts.
SECTION
8.
The
three judges of the superior courts of the Dublin 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 of any disagreement among said judges in any
respect hereof, the decision of the senior judge in point of service, who shall
be known as the chief judge, shall be controlling. The judge with the longest
period of time of service shall be the senior judge. The chief judge shall have
the right to appoint referees of the juvenile courts of the counties comprising
said circuit; and, in the event a juvenile court is established in any of said
counties within said circuit, as provided by law, the chief judge shall appoint
the judge of said court as provided by law. The three judges of the superior
courts of the Dublin Judicial Circuit shall have, and they are clothed with,
full power, authority, and discretion to determine from time to time, and term
to term, the manner of calling the dockets and fixing the calendars and order of
business in said courts. They may assign to one of said judges the hearing of
trials by jury for a term, and the hearing of all other matters not requiring a
trial by a jury to one 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 making appointments as authorized by law where the judges
thereof cannot agree or shall differ, the opinion or order of the chief judge
shall control.
SECTION
9.
The
drawing and impaneling of all jurors, whether grand, petit, or special, may be
by each
of the judges of the superior courts of said circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in said courts 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.
of the judges of the superior courts of said circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in said courts 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
10.
The
three judges of the Dublin Judicial Circuit shall be authorized and empowered to
appoint an additional court reporter for such circuit, whose compensation shall
be as now or hereafter provided by law.
SECTION
11.
All
writs, processes, orders, subpoenas, and any other official paper issuing out of
the superior courts of the Dublin Judicial Circuit may bear teste in the name of
any judge of the Dublin Judicial Circuit and, when issued by and in the name of
any judge of said circuit, shall be fully valid and may be heard and determined
before the same or any other judge of said circuit. Any judge of said court may
preside over any cause therein and perform any official act as judge
thereof.
SECTION
12.
Upon
request of any judge of the circuit, the governing authorities of the counties
comprising the Dublin Judicial Circuit are authorized to furnish the judges of
said circuit with suitable courtrooms and facilities, office space, telephones,
furniture, office equipment, supplies, and such personnel as may be considered
necessary by the court to the proper function of the court. All of the
expenditures authorized herein are declared to be an expense of court and
payable out of the county treasury as such.
SECTION
13.
Nothing
in this Act 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
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.