Georgia 2023-2024 Regular Session

Georgia House Bill HB992 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1078~~/AP~~
2		-	House Bill 992 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	24 LC 48 1078
	2	+	House Bill 992
3	3		By: Representatives Blackmon of the 146
4	4		th
5	5		, Ballard of the 147
6	6		th
7	7		, Williams of the 148
8	8		th
9	9		, and
10	10		Dickey of the 145
11	11		th
12	12
13	13		A BILL TO BE ENTITLED
14	14		AN ACT
15	15		To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
16	16		1
17	17		number of judges of superior courts, so as to provide for a fourth judge of the superior courts2
18	18		of the Houston Judicial Circuit; to provide for the appointment of such additional judge by3
19	19		the Governor; to provide for the election of successors to the judge initially appointed; to4
20	20		prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
21	21		allowance of such judge to be paid by the State of Georgia and the counties comprising said6
22	22		circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
23	23		thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
24	24		reporter for such circuit; to authorize the governing authorities of the counties comprising9
25	25		the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and10
26	26		personnel for such judges; to declare inherent authority; to provide for related matters; to11
27	27		repeal conflicting laws; and for other purposes.12
28	28		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 13
29	29		SECTION 1.14
30	30		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
31	31		judges of superior courts, is amended by revising paragraph (21) as follows:16
32	32		H. B. 992
33		-	- 1 - 24 LC 48 1078~~/AP~~
	33	+	- 1 - 24 LC 48 1078
34	34		"(21) Houston Circuit...............................................3 4"17
35	35		SECTION 2.18
36	36		One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby19
37	37		increasing to four the number of judges of said circuit.20
38	38		SECTION 3.21
39	39		Said additional judge shall be appointed by the Governor for a term beginning July 1, 2024,22
40	40		and continuing through December 31, 2026, and until his or her successor is elected and23
41	41		qualified. His or her successor shall be elected in the manner provided by law for the24
42	42		election of judges of the superior courts of this state at the nonpartisan judicial election in25
43	43		2026, for a term of four years beginning on January 1, 2027, and until his or her successor26
44	44		is elected and qualified. Future successors shall be elected at the nonpartisan judicial27
45	45		election every four years thereafter for terms of four years and until their successors are28
46	46		elected and qualified. They shall take office on the first day of January following the date29
47	47		of the election.30
48	48		SECTION 4.31
49	49		The additional judge of the superior courts of the Houston Judicial Circuit shall have and32
50	50		may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
51	51		present judges of the superior courts of this state. Any of the judges of the Houston Judicial34
52	52		Circuit may preside over any cause, whether in their own or in other circuits, and perform35
53	53		any official act as judge thereof, including sitting on appellate courts as provided by law.36
54	54		SECTION 5.37
55	55		The qualifications of such additional judge and his or her successors shall be the same as are38
56	56		now provided by law for all other superior court judges, and his or her compensation, salary,39
57	57		H. B. 992
58		-	- 2 - 24 LC 48 1078~~/AP~~
	58	+	- 2 - 24 LC 48 1078
59	59		and expense allowance from the State of Georgia and from the counties comprising the
60	60		40
61	61		Houston Judicial Circuit shall be the same as are now provided by law for the other superior41
62	62		court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
63	63		counties of such circuit of the salary of the judges of the superior courts of the Houston43
64	64		Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44
65	65		SECTION 6.45
66	66		All writs and processes in the superior courts of the Houston Judicial Circuit shall be46
67	67		returnable to the terms of such superior courts as they are now fixed and provided by law,47
68	68		or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48
69	69		held in the same manner as though there were but one judge, it being the intent and purpose49
70	70		of this Act to provide four judges equal in jurisdiction and authority to attend and perform50
71	71		the functions, powers, and duties of the judges of such superior courts and to direct and51
72	72		conduct all hearings and trials in such courts.52
73	73		SECTION 7.53
74	74		Upon and after qualification of the additional judge of the superior courts of the Houston54
75	75		Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce55
76	76		such rules of practice and procedure in consonance with the Constitution and laws of the56
77	77		State of Georgia as they deem suitable and proper for the effective transaction of the business57
78	78		of the court; and, in transacting the business of the court and in performing their duties and58
79	79		responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
80	80		each. In the event of a disagreement among the judges in respect hereof, the decision of the60
81	81		chief judge shall be controlling. The four judges of the superior courts of the Houston61
82	82		Judicial Circuit shall have and are clothed with full power, authority, and discretion to62
83	83		determine from time to time and term to term the manner of calling the dockets, fixing the63
84	84		calendars, and order of business in such courts. They may assign to one of such judges the64
85	85		H. B. 992
86		-	- 3 - 24 LC 48 1078~~/AP~~
	86	+	- 3 - 24 LC 48 1078
87	87		hearing of trials by jury for a term and the hearing of all other matters not requiring a trial
88	88		65
89	89		by jury to the other judges, and they may rotate such order of business at the next term. They66
90	90		may conduct trials by jury at the same time in the same county or otherwise within such67
91	91		circuit, or they may hear chambers business and motion business at the same time at any68
92	92		place within such circuit. They may provide in all respects for holding the superior courts69
93	93		of such circuit so as to facilitate the hearing and determination of all the business of such70
94	94		courts at any time pending and ready for trial or hearing. In all such matters relating to the71
95	95		fixing, arranging for, and disposing of the business of such courts and making appointments72
96	96		as authorized by law where the judges thereof cannot agree or shall differ, the opinion or73
97	97		order of the chief judge as provided for in this Act shall control.74
98	98		SECTION 8.75
99	99		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted76
100	100		by any of the judges of the superior courts of such circuit; and they, or any one of them, shall77
101	101		have full power and authority to draw and impanel jurors for service in such courts so as to78
102	102		have jurors for the trial of cases before any of such judges separately or before each of them79
103	103		at the same time.80
104	104		SECTION 9.81
105	105		The four judges of the superior courts of the Houston Judicial Circuit shall be authorized and82
106	106		empowered to appoint an additional court reporter for such circuit, whose compensation shall83
107	107		be as now or hereafter provided by law.84
108	108		SECTION 10.85
109	109		All writs, processes, orders, subpoenas, and any other official paper issuing out of the86
110	110		superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the87
111	111		Houston Judicial Circuit and, when issued by and in the name of any judge of such circuit,88
112	112		H. B. 992
113		-	- 4 - 24 LC 48 1078~~/AP~~
	113	+	- 4 - 24 LC 48 1078
114	114		shall be fully valid and may be heard and determined before the same or any other judge of
115	115		89
116	116		such circuit. Any judge of such circuit may preside over any case therein and perform any90
117	117		official act as judge thereof.91
118	118		SECTION 11.92
119	119		Upon request of any judge of the circuit, the governing authorities of the counties comprising93
120	120		the Houston Judicial Circuit shall be authorized to furnish the judges of such circuit with94
121	121		suitable courtrooms and facilities, office space, telephones, furniture, office equipment,95
122	122		supplies, and such personnel as may be considered necessary by the court to the proper96
123	123		functioning of the court. All of the expenditures authorized in this Act are declared to be an97
124	124		expense of the court and payable out of the county treasury as such.98
125	125		SECTION 12.99
126	126		Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and100
127	127		responsibilities of superior court judges provided by the Constitution and statutes of the State101
128	128		of Georgia.102
129	129		SECTION 13.103
130	130		All laws and parts of laws in conflict with this Act are repealed.104
131	131		H. B. 992
132	132		- 5 -