Georgia 2023-2024 Regular Session

Georgia House Bill HB884 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 48 1072S
2		-	House Bill 884 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Alexander of the 66
4		-	th
5		-	, Bruce of the 61
6		-	st
7		-	, New of the 64
8		-	th
9		-	, and Thomas
10		-	of the 65
11		-	th
12		-
	2	+	The House Committee on Judiciary offers the following substitute to HB 884:
13	3		A BILL TO BE ENTITLED
14	4		AN ACT
15		-	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
16		-	1
	5	+	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1
17	6		number of judges of superior courts, so as to provide for a fourth judge of the superior courts2
18	7		of the Douglas Judicial Circuit; to provide for the appointment of such additional judge by3
19	8		the Governor; to provide for the election of successors to the judge initially appointed; to4
20	9		prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
21	10		allowance of such judge to be paid by the State of Georgia and the counties comprising said6
22	11		circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
23	12		thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
24	13		reporter for such circuit; to authorize the governing authority of the counties comprising the9
25	14		Douglas Judicial Circuit to provide facilities, office space, supplies, equipment, and10
26	15		personnel for such judges; to declare inherent authority; to provide for related matters; to11
27	16		repeal conflicting laws; and for other purposes.12
28	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
29	18		SECTION 1.14
30	19		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
31	20		judges of superior courts, is amended by revising paragraph (15.1) as follows:16
32	21		H. B. 884 (SUB)
33	22		- 1 - 24 LC 48 1072S
34	23		"(15.1) Douglas Circuit...............................................3 4"17
35	24		SECTION 2.18
36	25		One additional judge of the superior courts is added to the Douglas Judicial Circuit, thereby19
37	26		increasing to four the number of judges of said circuit.20
38	27		SECTION 3.21
39	28		Said additional judge shall be appointed by the Governor for a term beginning July 1, 2024,22
40	29		and continuing through December 31, 2026, and until his or her successor is elected and23
41	30		qualified. His or her successor shall be elected in the manner provided by law for the24
42	31		election of judges of the superior courts of this state at the nonpartisan judicial election in25
43	32		2026 for a term of four years beginning on January 1, 2027, and until his or her successor is26
44	33		elected and qualified. Future successors shall be elected at the nonpartisan judicial election27
45	34		every four years thereafter for terms of four years and until their successors are elected and28
46	35		qualified. The newly elected and qualified judge shall take office on the first day of January29
47	36		following the date of the election.30
48	37		SECTION 4.31
49	38		The additional judge of the superior courts of the Douglas Judicial Circuit shall have and32
50	39		may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
51	40		present judges of the superior courts of this state. Any judge of the Douglas Judicial Circuit34
52	41		may preside over any cause, whether in their own or in other circuits, and perform any35
53	42		official act as judge thereof, including sitting on appellate courts as provided by law.36
54	43		SECTION 5.37
55	44		The qualifications of such additional judge and his or her successors shall be the same as are38
56	45		now provided by law for all other superior court judges, and his or her compensation, salary,39
57	46		H. B. 884 (SUB)
58	47		- 2 - 24 LC 48 1072S
59		-	and expense allowance from the State of Georgia and from the counties comprising the
60		-	40
	48	+	and expense allowance from the State of Georgia and from the counties comprising the40
61	49		Douglas Judicial Circuit shall be the same as are now provided by law for the other superior41
62	50		court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
63	51		counties of such circuit of the salary of the judges of the superior courts of the Douglas43
64	52		Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44
65	53		SECTION 6.45
66	54		All writs and processes in the superior courts of the Douglas Judicial Circuit shall be46
67	55		returnable to the terms of such superior courts as they are now fixed and provided by law,47
68	56		or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48
69	57		held in the same manner as though there were but one judge, it being the intent and purpose49
70	58		of this Act to provide four judges equal in jurisdiction and authority to attend and perform50
71	59		the functions, powers, and duties of the judges of such superior courts and to direct and51
72	60		conduct all hearings and trials in such courts.52
73	61		SECTION 7.53
74	62		Upon and after qualification of the additional judge of the superior courts of the Douglas54
75	63		Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce55
76	64		such rules of practice and procedure in consonance with the Constitution and laws of the56
77	65		State of Georgia as they deem suitable and proper for the effective transaction of the business57
78	66		of the court; and, in transacting the business of the court and in performing their duties and58
79	67		responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
80	68		each. In the event of a disagreement among the judges in respect hereof, the decision of a60
81	69		majority shall control, or, in the absence of a majority, the decision of the chief judge shall61
82	70		be controlling. The four judges of the superior courts of the Douglas Judicial Circuit shall62
83	71		have and are clothed with full power, authority, and discretion to determine from time to time63
84	72		and term to term the manner of calling the dockets, fixing the calendars, and order of64
85	73		H. B. 884 (SUB)
86	74		- 3 - 24 LC 48 1072S
87		-	business in such courts. They may assign to one such judge the hearing of trials by jury for
88		-	65
	75	+	business in such courts. They may assign to one such judge the hearing of trials by jury for65
89	76		a term and the hearing of all other matters not requiring a trial by jury to the other judges, and66
90	77		they may rotate such order of business at the next term. They may conduct trials by jury at67
91	78		the same time in the same county or otherwise within such circuit, or they may hear68
92	79		chambers business and motion business at the same time at any place within such circuit. 69
93	80		They may provide in all respects for holding the superior courts of such circuit so as to70
94	81		facilitate the hearing and determination of all the business of such courts at any time pending71
95	82		and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and72
96	83		disposing of the business of such courts and making appointments as authorized by law73
97	84		where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge74
98	85		as provided for in this Act shall control.75
99	86		SECTION 8.76
100	87		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77
101	88		by any of the judges of the superior courts of such circuit; and they, or any one such judge,78
102	89		shall have full power and authority to draw and impanel jurors for service in such courts so79
103	90		as to have jurors for the trial of cases before any such judges separately or before each of80
104	91		them at the same time.81
105	92		SECTION 9.82
106	93		The four judges of the superior courts of the Douglas Judicial Circuit shall be authorized and83
107	94		empowered to appoint an additional court reporter for such circuit, whose compensation shall84
108	95		be as now or hereafter provided by law.85
109	96		SECTION 10.86
110	97		All writs, processes, orders, subpoenas, and any other official paper issuing out of the87
111	98		superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the88
112	99		H. B. 884 (SUB)
113	100		- 4 - 24 LC 48 1072S
114		-	Douglas Judicial Circuit and, when issued by and in the name of any judge of such circuit,
115		-	89
	101	+	Douglas Judicial Circuit and, when issued by and in the name of any judge of such circuit,89
116	102		shall be fully valid and may be heard and determined before the same or any other judge of90
117	103		such circuit. Any judge of such circuit may preside over any case therein and perform any91
118	104		official act as judge thereof.92
119	105		SECTION 11.93
120	106		Upon request of any judge of the circuit, the governing authorities of the counties comprising94
121	107		the Douglas Judicial Circuit shall be authorized to furnish the judges of such circuit with95
122	108		suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96
123	109		supplies, and such personnel as may be considered necessary by the court to the proper97
124	110		functioning of the court. All of the expenditures authorized in this Act are declared to be an98
125	111		expense of the court and payable out of the county treasury as such.99
126	112		SECTION 12.100
127	113		Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and101
128	114		responsibilities of superior court judges provided by the Constitution and statutes of the State102
129	115		of Georgia.103
130	116		SECTION 13.104
131	117		All laws and parts of laws in conflict with this Act are repealed.105
132	118		H. B. 884 (SUB)
133	119		- 5 -