09 LC
35 1221
House
Bill 283
By:
Representatives Martin of the
47th,
Harbin of the
118th,
Oliver of the
83rd,
Smith of the
113th,
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia
Annotated, relating to general provisions pertaining to certiorari and appeals
to appellate courts generally, so as to change certain provisions relating to
filing fees for appeals to the Supreme Court and the Court of Appeals; to amend
Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the
rules governing the board of examiners, expenses of the board, and the amount
and disposition of examination fees, so as to change certain provisions relating
to bar examination fees; 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.
Article
1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to
general provisions pertaining to certiorari and appeals to appellate courts
generally, is amended in Code Section 5-6-4, relating to a bill of costs,
payment of costs, filing of an affidavit of indigence, and payment of costs or
filing of an affidavit as a prerequisite to the receipt of an application for
appeal or brief by the clerk, as follows:
"5-6-4.
The
bill of costs for every application to the Supreme Court for a writ of
certiorari or for applications for appeals filed in the Supreme Court or the
Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall
be
$80.00
$300.00.
The costs shall be paid by counsel for the applicant or appellant at the time of
the filing of the application or, in the case of direct appeals, at the time of
the filing of the original brief of the appellant. In those cases in which the
writ of certiorari or an application for appeal is granted, there shall be no
additional costs. Costs shall not be required in those instances when at the
time the same are due counsel for the applicant or appellant shall file a
statement that an affidavit of indigence has been duly filed or file an
affidavit that he or she was appointed to represent the defendant by the trial
court because of the defendant's indigency. The clerk is prohibited from
receiving the application for appeal or the brief of the appellant unless the
costs have been paid or a sufficient affidavit of indigence is filed or
contained in the record."
SECTION
2.
Code
Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules
governing the board of examiners, expenses of the board, and the amount and
disposition of examination fees, is amended in subsection (b) as
follows:
"(b)
All fees paid by applicants for admission to the bar by examination shall be
paid into the general funds of the treasury. The Supreme Court, upon
recommendation by the board, shall by rule set the amount of the examination fee
to be paid by the applicants for admission to the bar by examination and shall
direct to whom and when the fee shall be paid. The examination fee shall be
reasonable and shall be determined in such a manner that the total amount of the
fees charged and collected by the board in each fiscal year shall approximate
the direct and indirect costs to the state of administering the examination.
The amount
of the fee to be paid by the applicant shall not exceed
$90.00."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.