Georgia 2023-2024 Regular Session

Georgia House Bill HB906 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1069S~~/AP~~
2		-	House Bill 906 (~~AS PASSED HOUSE AND SENATE~~)
	1	+	24 LC 48 1069S
	2	+	House Bill 906 (COMMITTEE SUBSTITUTE)`
3	3		By: Representatives Yearta of the 152
4	4		nd
5	5		, Houston of the 170
6	6		th
7	7		, and Pirkle of the 169
8	8		th
9	9
10	10		A BILL TO BE ENTITLED
11	11		AN ACT
12	12		To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
13	13		1
14	14		number of judges of superior courts, so as to provide for a third judge of the superior courts2
15	15		of the Tifton Judicial Circuit; to provide for the appointment of such additional judge by the3
16	16		Governor; to provide for the election of successors to the judge initially appointed; to4
17	17		prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
18	18		allowance of such judge to be paid by the State of Georgia and the counties comprising said6
19	19		circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
20	20		thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
21	21		reporter for such circuit; to authorize the governing authority of the counties comprising the9
22	22		Tifton Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel10
23	23		for such judges; to declare inherent authority; to provide for related matters; to repeal11
24	24		conflicting laws; and for other purposes.12
25	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
26	26		SECTION 1.14
27	27		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
28	28		judges of superior courts, is amended by revising paragraph (39) as follows:16
29		-	H. B. 906
30		-	- 1 - 24 LC 48 1069S~~/AP~~
	29	+	H. B. 906 (SUB)
	30	+	- 1 - 24 LC 48 1069S
31	31		"(39) Tifton Circuit.................................................2 3"17
32	32		SECTION 2.18
33	33		One additional judge of the superior courts is added to the Tifton Judicial Circuit, thereby19
34	34		increasing to three the number of judges of said circuit.20
35	35		SECTION 3.21
36	36		Said additional judge shall be appointed by the Governor for a term beginning July 1, 2024,22
37	37		and continuing through December 31, 2026, and until his or her successor is elected and23
38	38		qualified. His or her successor shall be elected in the manner provided by law for the24
39	39		election of judges of the superior courts of this state at the nonpartisan judicial election in25
40	40		2026 for a term of four years beginning on January 1, 2027, and until his or her successor is26
41	41		elected and qualified. Future successors shall be elected at the nonpartisan judicial election27
42	42		each four years after such 2026 election for terms of four years and until their successors are28
43	43		elected and qualified. The newly elected and qualified judge shall take office on the first day29
44	44		of January following the date of the election.30
45	45		SECTION 4.31
46	46		The additional judge of the superior courts of the Tifton Judicial Circuit shall have and may32
47	47		exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present33
48	48		judges of the superior courts of this state. Any judge of the Tifton Judicial Circuit may34
49	49		preside over any cause, whether in their own or in other circuits, and perform any official act35
50	50		as judge thereof, including sitting on appellate courts as provided by law.36
51	51		SECTION 5.37
52	52		The qualifications of such additional judge and his or her successors shall be the same as are38
53	53		now provided by law for all other superior court judges, and his or her compensation, salary,39
54		-	H. B. 906
55		-	- 2 - 24 LC 48 1069S~~/AP~~
	54	+	H. B. 906 (SUB)
	55	+	- 2 - 24 LC 48 1069S
56	56		and expense allowance from the State of Georgia and from the counties comprising the
57	57		40
58	58		Tifton Judicial Circuit shall be the same as are now provided by law for the other superior41
59	59		court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
60	60		counties of such circuit of the salary of the judges of the superior courts of the Tifton Judicial43
61	61		Circuit shall also be applicable to the additional judge provided for by this Act.44
62	62		SECTION 6.45
63	63		All writs and processes in the superior courts of the Tifton Judicial Circuit shall be returnable46
64	64		to the terms of such superior courts as they are now fixed and provided by law, or as they47
65	65		may hereafter be fixed or determined by law, and all terms of such courts shall be held in the48
66	66		same manner as though there were but one judge, it being the intent and purpose of this Act49
67	67		to provide three judges equal in jurisdiction and authority to attend and perform the50
68	68		functions, powers, and duties of the judges of such superior courts and to direct and conduct51
69	69		all hearings and trials in such courts.52
70	70		SECTION 7.53
71	71		Upon and after qualification of the additional judge of the superior courts of the Tifton54
72	72		Judicial Circuit, the three judges of such circuit may adopt, promulgate, amend, and enforce55
73	73		such rules of practice and procedure in consonance with the Constitution and laws of the56
74	74		State of Georgia as they deem suitable and proper for the effective transaction of the business57
75	75		of the court; and, in transacting the business of the court and in performing their duties and58
76	76		responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
77	77		each. In the event of a disagreement among the judges in respect hereof, the decision of a60
78	78		majority shall control, or, in the absence of a majority, the decision of the chief judge shall61
79	79		be controlling. The three judges of the superior courts of the Tifton Judicial Circuit shall62
80	80		have and are clothed with full power, authority, and discretion to determine from time to time63
81	81		and term to term the manner of calling the dockets, fixing the calendars, and order of64
82		-	H. B. 906
83		-	- 3 - 24 LC 48 1069S~~/AP~~
	82	+	H. B. 906 (SUB)
	83	+	- 3 - 24 LC 48 1069S
84	84		business in such courts. They may assign to one such judge the hearing of trials by jury for
85	85		65
86	86		a term and the hearing of all other matters not requiring a trial by jury to the other judges, and66
87	87		they may rotate such order of business at the next term. They may conduct trials by jury at67
88	88		the same time in the same county or otherwise within such circuit, or they may hear68
89	89		chambers business and motion business at the same time at any place within such circuit. 69
90	90		They may provide in all respects for holding the superior courts of such circuit so as to70
91	91		facilitate the hearing and determination of all the business of such courts at any time pending71
92	92		and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and72
93	93		disposing of the business of such courts and making appointments as authorized by law73
94	94		where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge74
95	95		as provided for in this Act shall control.75
96	96		SECTION 8.76
97	97		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77
98	98		by any of the judges of the superior courts of such circuit; and they, or any one such judge,78
99	99		shall have full power and authority to draw and impanel jurors for service in such courts so79
100	100		as to have jurors for the trial of cases before any such judges separately or before each of80
101	101		them at the same time.81
102	102		SECTION 9.82
103	103		The three judges of the superior courts of the Tifton Judicial Circuit shall be authorized and83
104	104		empowered to appoint an additional court reporter for such circuit, whose compensation shall84
105	105		be as now or hereafter provided by law.85
106	106		SECTION 10.86
107	107		All writs, processes, orders, subpoenas, and any other official paper issuing out of the87
108	108		superior courts of the Tifton Judicial Circuit may bear teste in the name of any judge of the88
109		-	H. B. 906
110		-	- 4 - 24 LC 48 1069S~~/AP~~
	109	+	H. B. 906 (SUB)
	110	+	- 4 - 24 LC 48 1069S
111	111		Tifton Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall
112	112		89
113	113		be fully valid and may be heard and determined before the same or any other judge of such90
114	114		circuit. Any judge of such circuit may preside over any case therein and perform any official91
115	115		act as judge thereof.92
116	116		SECTION 11.93
117	117		Upon request of any judge of the circuit, the governing authorities of the counties comprising94
118	118		the Tifton Judicial Circuit shall be authorized to furnish the judges of such circuit with95
119	119		suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96
120	120		supplies, and such personnel as may be considered necessary by the court to the proper97
121	121		functioning of the court. All of the expenditures authorized in this Act are declared to be an98
122	122		expense of the court and payable out of the county treasury as such.99
123	123		SECTION 12.100
124	124		Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and101
125	125		responsibilities of superior court judges provided by the Constitution and statutes of the State102
126	126		of Georgia.103
127	127		SECTION 13.104
128	128		All laws and parts of laws in conflict with this Act are repealed.105
129		-	H. B. 906
	129	+	H. B. 906 (SUB)
130	130		- 5 -