23 LC 49 1198S
H. B. 77 (SUB)
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The House Committee on Judiciary offers the following substitute to HB 77:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1
number of judges of superior courts, so as to provide for a fourth judge of the superior courts2
of the Dougherty Judicial Circuit; to provide for the appointment of such additional judge by3
the Governor; to provide for the election of successors to the judge initially appointed; to4
prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
allowance of such judge to be paid by the State of Georgia and the counties comprising said6
circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
reporter for such circuit; to authorize the governing authorities of the counties comprising9
the Dougherty Judicial Circuit to provide facilities, office space, supplies, equipment, and10
personnel for such judges; to declare inherent authority; to provide for related matters; to11
repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 23 LC 49 1198S
H. B. 77 (SUB)
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SECTION 1.14
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
judges of superior courts, is amended by revising paragraph (5) as follows:16
"(15) Dougherty Circuit..............................................3 4"17
SECTION 2.18
One additional judge of the superior courts is added to the Dougherty Judicial Circuit,19
thereby increasing to four the number of judges of said circuit.20
SECTION 3.21
Said additional judge shall be appointed by the Governor for a term beginning July 1, 2023,22
and continuing through December 31, 2024, and until his or her successor is elected and23
qualified. His or her successor shall be elected in the manner provided by law for the24
election of judges of the superior courts of this state at the nonpartisan judicial election in25
2024, for a term of four years beginning on January 1, 2025, and until his or her successor26
is elected and qualified. Future successors shall be elected at the nonpartisan judicial27
election every four years thereafter for terms of four years and until their successors are28
elected and qualified. They shall take office on the first day of January following the date29
of the election.30
SECTION 4.31
The additional judge of the superior courts of the Dougherty Judicial Circuit shall have and32
may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
present judges of the superior courts of this state. Any of the judges of the Dougherty34
Judicial Circuit may preside over any cause, whether in their own or in other circuits, and35
perform any official act as judge thereof, including sitting on appellate courts as provided by36
law.37 23 LC 49 1198S
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SECTION 5.38
The qualifications of such additional judge and his or her successors shall be the same as are39
now provided by law for all other superior court judges, and his or her compensation, salary,40
and expense allowance from the State of Georgia and from the counties comprising the41
Dougherty Judicial Circuit shall be the same as are now provided by law for the other42
superior court judges of such circuit. The provisions, if any, enacted for the supplementation43
by the counties of such circuit of the salary of the judges of the superior courts of the44
Dougherty Judicial Circuit shall also be applicable to the additional judge provided for by45
this Act.46
SECTION 6.47
All writs and processes in the superior courts of the Dougherty Judicial Circuit shall be48
returnable to the terms of such superior courts as they are now fixed and provided by law,49
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be50
held in the same manner as though there were but one judge, it being the intent and purpose51
of this Act to provide four judges equal in jurisdiction and authority to attend and perform52
the functions, powers, and duties of the judges of such superior courts and to direct and53
conduct all hearings and trials in such courts.54
SECTION 7.55
Upon and after qualification of the additional judge of the superior courts of the Dougherty56
Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce57
such rules of practice and procedure in consonance with the Constitution and laws of the58
State of Georgia as they deem suitable and proper for the effective transaction of the business59
of the court; and, in transacting the business of the court and in performing their duties and60
responsibilities, they shall share, divide, and allocate the work and duties to be performed by61
each. In the event of a disagreement among the judges in respect hereof, the decision of the62 23 LC 49 1198S
H. B. 77 (SUB)
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chief judge shall be controlling. The four judges of the superior courts of the Dougherty63
Judicial Circuit shall have and are clothed with full power, authority, and discretion to64
determine from time to time and term to term the manner of calling the dockets, fixing the65
calendars, and order of business in such courts. They may assign to one of such judges the66
hearing of trials by jury for a term and the hearing of all other matters not requiring a trial67
by jury to the other judges, and they may rotate such order of business at the next term. They68
may conduct trials by jury at the same time in the same county or otherwise within such69
circuit, or they may hear chambers business and motion business at the same time at any70
place within such circuit. They may provide in all respects for holding the superior courts71
of such circuit so as to facilitate the hearing and determination of all the business of such72
courts at any time pending and ready for trial or hearing. In all such matters relating to the73
fixing, arranging for, and disposing of the business of such courts and making appointments74
as authorized by law where the judges thereof cannot agree or shall differ, the opinion or75
order of the chief judge as provided for in this Act shall control.76
SECTION 8.77
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted78
by any of the judges of the superior courts of such circuit; and they, or any one of them, shall79
have full power and authority to draw and impanel jurors for service in such courts so as to80
have jurors for the trial of cases before any of such judges separately or before each of them81
at the same time.82
SECTION 9.83
The four judges of the superior courts of the Dougherty Judicial Circuit shall be authorized84
and empowered to appoint an additional court reporter for such circuit, whose compensation85
shall be as now or hereafter provided by law.86 23 LC 49 1198S
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SECTION 10.87
All writs, processes, orders, subpoenas, and any other official paper issuing out of the88
superior courts of the Dougherty Judicial Circuit may bear teste in the name of any judge of89
the Dougherty Judicial Circuit and, when issued by and in the name of any judge of such90
circuit, shall be fully valid and may be heard and determined before the same or any other91
judge of such circuit. Any judge of such circuit may preside over any case therein and92
perform any official act as judge thereof.93
SECTION 11.94
Upon request of any judge of the circuit, the governing authorities of the counties comprising95
the Dougherty Judicial Circuit shall be authorized to furnish the judges of such circuit with96
suitable courtrooms and facilities, office space, telephones, furniture, office equipment,97
supplies, and such personnel as may be considered necessary by the court to the proper98
functioning of the court. All of the expenditures authorized in this Act are declared to be an99
expense of the court and payable out of the county treasury as such.100
SECTION 12.101
Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and102
responsibilities of superior court judges provided by the Constitution and statutes of the State103
of Georgia.104
SECTION 13.105
All laws and parts of laws in conflict with this Act are repealed.106