09 LC 21
0111
House
Bill 220
By:
Representatives Willard of the
49th,
Ralston of the
7th,
Lindsey of the
54th,
and Oliver of the
83rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions relative to superior courts, so as to
provide a uniform time for issuing orders on motions; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions relative to superior courts, is amended by revising Code
Section 15-6-21, relating to time for deciding motions, filing and notification,
and noncompliance as ground for impeachment, as follows:
"15-6-21.
(a)
In a county
with less than 100,000 inhabitants, it shall be the duty of the judge of the
superior, state, or city court, unless providentially hindered or unless counsel
for the plaintiff and the defendant agree in writing to extend the time, to
decide promptly, within 30 days after the same have been argued before him or
submitted to him without argument, all motions for new trials, injunctions,
demurrers, and all other motions of any nature.
(b)
In all counties with more than 100,000 inhabitants,
it
It
shall be the duty of the judge of the superior, state, or city court, unless
providentially hindered or unless counsel for the plaintiff and the defendant
agree in writing to extend the time, to decide promptly, within 90 days after
the same have been argued before
him
the
judge or submitted to
him
the
judge without argument, all motions for
new trials, injunctions, demurrers, and all other motions of any
nature.
(c)(b)
When he or she has so decided, it shall be the duty of the judge to file his or
her decision with the clerk of the court in which the cases are pending and to
notify the attorney or attorneys of the losing party of his or her decision.
Said notice shall not be required if such notice has been waived pursuant to
subsection (a) of Code Section 9-11-5.
(d)(c)
If any judge fails or refuses, unless providentially hindered or unless counsel
for the plaintiff and the defendant agree in writing to extend the time, to obey
the provisions of subsections (a)
through
(c)
and
(b) of this Code section, or if any judge
repeatedly or persistently fails or refuses to decide the various motions,
demurrers, and injunctions coming before
him
the
judge in the manner provided by such
subsections, such conduct shall be grounds for impeachment and the penalty
therefor shall be his
or
her removal from
office."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.