Georgia 2023-2024 Regular Session

Georgia House Bill HB77 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~LC 49 1198S~~
2		-	H. B. 77 ~~(SUB)~~
	1	+	23 HB 77/AP
	2	+	H. B. 77
3	3		- 1 -
4		-	The House Committee on Judiciary offers the following substitute to HB 77:
	4	+	House Bill 77 (AS PASSED HOUSE AND SENATE)
	5	+	By: Representatives Greene of the 154
	6	+	th
	7	+	, Cheokas of the 151
	8	+	st
	9	+	, Sampson of the 153
	10	+	rd
	11	+	, and
	12	+	Yearta of the 152
	13	+	nd
	14	+
5	15		A BILL TO BE ENTITLED
6	16		AN ACT
7		-	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1
	17	+	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
	18	+	1
8	19		number of judges of superior courts, so as to provide for a fourth judge of the superior courts2
9	20		of the Dougherty Judicial Circuit; to provide for the appointment of such additional judge by3
10	21		the Governor; to provide for the election of successors to the judge initially appointed; to4
11	22		prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
12	23		allowance of such judge to be paid by the State of Georgia and the counties comprising said6
13	24		circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
14	25		thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
15	26		reporter for such circuit; to authorize the governing authorities of the counties comprising9
16	27		the Dougherty Judicial Circuit to provide facilities, office space, supplies, equipment, and10
17	28		personnel for such judges; to declare inherent authority; to provide for related matters; to11
18	29		repeal conflicting laws; and for other purposes.12
19		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 23 ~~LC 49 1198S~~
20		-	H. B. 77 ~~(SUB)~~
	30	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 23 HB 77/AP
	31	+	H. B. 77
21	32		- 2 -
22		-	SECTION 1.14
	33	+	SECTION 1.
	34	+	14
23	35		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
24	36		judges of superior courts, is amended by revising paragraph (5) as follows:16
25		-	"(15) Dougherty Circuit..............................................3 4"17
	37	+	"(15) Dougherty Circuit..............................................3
	38	+	4"17
26	39		SECTION 2.18
27	40		One additional judge of the superior courts is added to the Dougherty Judicial Circuit,19
28	41		thereby increasing to four the number of judges of said circuit.20
29	42		SECTION 3.21
30		-	Said additional judge shall be appointed by the Governor for a term ~~beginning July 1, 2023,22~~
31		-	and continuing through December 31, ~~2024~~, and until his or her ~~successor is elected and23~~
32		-	qualified. His or her successor shall be elected in the manner provided by ~~law for the24~~
33		-	election of judges of the superior courts of this state at the nonpartisan ~~judicial election in25~~
34		-	~~2024~~, for a term of four years beginning on January 1, ~~2025~~, and until his or ~~her successor26~~
35		-	is elected and qualified. Future successors shall be elected at the ~~nonpartisan judicial27~~
36		-	election every four years thereafter for terms of four years and until their ~~successors are28~~
37		-	elected and qualified. They shall take office on the first day of January following the date29
	43	+	Said additional judge shall be appointed by the Governor for a term beginning22
	44	+	January 1, 2024, and continuing through December 31, 2026, and until his or her successor23
	45	+	is elected and qualified. His or her successor shall be elected in the manner provided by law24
	46	+	for the election of judges of the superior courts of this state at the nonpartisan judicial25
	47	+	election in 2026, for a term of four years beginning on January 1, 2027, and until his or her26
	48	+	successor is elected and qualified. Future successors shall be elected at the nonpartisan27
	49	+	judicial election every four years thereafter for terms of four years and until their successors28
	50	+	are elected and qualified. They shall take office on the first day of January following the date29
38	51		of the election.30
39	52		SECTION 4.31
40	53		The additional judge of the superior courts of the Dougherty Judicial Circuit shall have and32
41	54		may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
42	55		present judges of the superior courts of this state. Any of the judges of the Dougherty34
43	56		Judicial Circuit may preside over any cause, whether in their own or in other circuits, and35
44	57		perform any official act as judge thereof, including sitting on appellate courts as provided by36
45		-	law.37 23 ~~LC 49 1198S~~
46		-	H. B. 77 ~~(SUB)~~
	58	+	law.37 23 HB 77/AP
	59	+	H. B. 77
47	60		- 3 -
48		-	SECTION 5.38
	61	+	SECTION 5.
	62	+	38
49	63		The qualifications of such additional judge and his or her successors shall be the same as are39
50	64		now provided by law for all other superior court judges, and his or her compensation, salary,40
51	65		and expense allowance from the State of Georgia and from the counties comprising the41
52	66		Dougherty Judicial Circuit shall be the same as are now provided by law for the other42
53	67		superior court judges of such circuit. The provisions, if any, enacted for the supplementation43
54	68		by the counties of such circuit of the salary of the judges of the superior courts of the44
55	69		Dougherty Judicial Circuit shall also be applicable to the additional judge provided for by45
56	70		this Act.46
57	71		SECTION 6.47
58	72		All writs and processes in the superior courts of the Dougherty Judicial Circuit shall be48
59	73		returnable to the terms of such superior courts as they are now fixed and provided by law,49
60	74		or as they may hereafter be fixed or determined by law, and all terms of such courts shall be50
61	75		held in the same manner as though there were but one judge, it being the intent and purpose51
62	76		of this Act to provide four judges equal in jurisdiction and authority to attend and perform52
63	77		the functions, powers, and duties of the judges of such superior courts and to direct and53
64	78		conduct all hearings and trials in such courts.54
65	79		SECTION 7.55
66	80		Upon and after qualification of the additional judge of the superior courts of the Dougherty56
67	81		Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce57
68	82		such rules of practice and procedure in consonance with the Constitution and laws of the58
69	83		State of Georgia as they deem suitable and proper for the effective transaction of the business59
70	84		of the court; and, in transacting the business of the court and in performing their duties and60
71	85		responsibilities, they shall share, divide, and allocate the work and duties to be performed by61
72		-	each. In the event of a disagreement among the judges in respect hereof, the decision of the62 23 ~~LC 49 1198S~~
73		-	H. B. 77 ~~(SUB)~~
	86	+	each. In the event of a disagreement among the judges in respect hereof, the decision of the62 23 HB 77/AP
	87	+	H. B. 77
74	88		- 4 -
75		-	chief judge shall be controlling. The four judges of the superior courts of the Dougherty63
	89	+	chief judge shall be controlling. The four judges of the superior courts of the Dougherty
	90	+	63
76	91		Judicial Circuit shall have and are clothed with full power, authority, and discretion to64
77	92		determine from time to time and term to term the manner of calling the dockets, fixing the65
78	93		calendars, and order of business in such courts. They may assign to one of such judges the66
79	94		hearing of trials by jury for a term and the hearing of all other matters not requiring a trial67
80	95		by jury to the other judges, and they may rotate such order of business at the next term. They68
81	96		may conduct trials by jury at the same time in the same county or otherwise within such69
82	97		circuit, or they may hear chambers business and motion business at the same time at any70
83	98		place within such circuit. They may provide in all respects for holding the superior courts71
84	99		of such circuit so as to facilitate the hearing and determination of all the business of such72
85	100		courts at any time pending and ready for trial or hearing. In all such matters relating to the73
86	101		fixing, arranging for, and disposing of the business of such courts and making appointments74
87	102		as authorized by law where the judges thereof cannot agree or shall differ, the opinion or75
88	103		order of the chief judge as provided for in this Act shall control.76
89	104		SECTION 8.77
90	105		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted78
91	106		by any of the judges of the superior courts of such circuit; and they, or any one of them, shall79
92	107		have full power and authority to draw and impanel jurors for service in such courts so as to80
93	108		have jurors for the trial of cases before any of such judges separately or before each of them81
94	109		at the same time.82
95	110		SECTION 9.83
96	111		The four judges of the superior courts of the Dougherty Judicial Circuit shall be authorized84
97	112		and empowered to appoint an additional court reporter for such circuit, whose compensation85
98		-	shall be as now or hereafter provided by law.86 23 ~~LC 49 1198S~~
99		-	H. B. 77 ~~(SUB)~~
	113	+	shall be as now or hereafter provided by law.86 23 HB 77/AP
	114	+	H. B. 77
100	115		- 5 -
101		-	SECTION 10.87
	116	+	SECTION 10.
	117	+	87
102	118		All writs, processes, orders, subpoenas, and any other official paper issuing out of the88
103	119		superior courts of the Dougherty Judicial Circuit may bear teste in the name of any judge of89
104	120		the Dougherty Judicial Circuit and, when issued by and in the name of any judge of such90
105	121		circuit, shall be fully valid and may be heard and determined before the same or any other91
106	122		judge of such circuit. Any judge of such circuit may preside over any case therein and92
107	123		perform any official act as judge thereof.93
108	124		SECTION 11.94
109	125		Upon request of any judge of the circuit, the governing authorities of the counties comprising95
110	126		the Dougherty Judicial Circuit shall be authorized to furnish the judges of such circuit with96
111	127		suitable courtrooms and facilities, office space, telephones, furniture, office equipment,97
112	128		supplies, and such personnel as may be considered necessary by the court to the proper98
113	129		functioning of the court. All of the expenditures authorized in this Act are declared to be an99
114	130		expense of the court and payable out of the county treasury as such.100
115	131		SECTION 12.101
116	132		Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and102
117	133		responsibilities of superior court judges provided by the Constitution and statutes of the State103
118	134		of Georgia.104
119	135		SECTION 13.105
120	136		All laws and parts of laws in conflict with this Act are repealed.106