24 LC 49 1552
Senate Bill 347
By: Senator Anavitarte of the 31st
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
1
number of judges of superior courts, so as to provide for an additional judge of the superior2
courts of the Tallapoosa Judicial Circuit; to provide for the appointment of such additional3
judge by the Governor; to provide for the election of successors to the judge initially4
appointed; to require candidates for such judgeships to designate the seat for which they are5
running; to prescribe the powers of such judge; to prescribe the compensation, salary, and6
expense allowance of such judge to be paid by the State of Georgia and the counties included7
in such circuit; to authorize the judges of such circuit to divide and allocate the work and8
duties thereof; to provide for the designation of a chief judge; to provide for the manner of9
impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the10
governing authority of the counties included in such circuit to provide facilities, office space,11
supplies, equipment, and personnel for such judges; to declare inherent authority; to provide12
for related matters; to provide for effective dates; to repeal conflicting laws; and for other13
purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.
16
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17
judges of superior courts, is amended by revising paragraph (38) as follows:18
"(38) Tallapoosa Circuit.............................................2
3"19
SECTION 2.20
The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in21
this Act shall be appointed by the Governor for a term beginning July 1, 2024, and expiring22
December 31, 2026, and until a successor is elected and qualified. At the nonpartisan23
judicial election to be held in 2026, there shall be elected a successor to such additional judge24
appointed as provided for above, and he or she shall take office on the first day of January,25
2027, and serve for a term of office of four years and until a successor is duly elected and26
qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial27
election conducted in the year in which the term of office shall expire for a term of four years28
and until his or her successor is duly elected and qualified. Such judges shall take office on29
the first day of January following the date of their election. Such elections shall be held and30
conducted as is now or may hereafter be provided by law for the election of judges of the31
superior courts of the State of Georgia.32
SECTION 3.33
Each person who offers for election as one of the judges of such superior courts of the34
Tallapoosa Judicial Circuit shall designate with the proper authority in all general elections35
the specific seat for which such person offers by naming the incumbent judge whom he or36
she desires to succeed and thereupon such person shall be permitted, if otherwise qualified,37
to run for such designated judgeship and no other. In the event that there is no incumbent38
judge in the seat for which such person desires to offer, the person shall qualify by39
announcing his or her intention to run for the office for which there is no incumbent.40
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SECTION 4.
41
The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in42
this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and43
immunities of the present judges of the superior courts of this state. Any of the judges of the44
Tallapoosa Judicial Circuit may preside over any cause, whether in their own or in other45
circuits, and perform any official act as judge thereof, including sitting on appellate courts46
as provided by law.47
SECTION 5.48
The qualifications of such additional judge and his or her successors shall be the same as are49
now provided by law for all other superior court judges, and his or her compensation, salary,50
and expense allowance from the State of Georgia and from the county comprising such51
circuit shall be the same as that of other judges of the Tallapoosa Judicial Circuit. The salary52
supplements enacted by the county comprising such circuit for the present superior court53
judges of such circuit shall also be applicable to the additional judge provided by this Act.54
SECTION 6.55
All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be56
returnable to the terms of such superior courts as they are now fixed and provided by law,57
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be58
held in the same manner as though there were but one judge, it being the intent and purpose59
of this Act to provide the three judges of such circuit with equal jurisdiction and authority60
to attend to and perform the functions, powers, and duties of the judges of such superior61
courts and to direct and conduct all hearings and trials in such courts.62
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SECTION 7.
63
Upon and after qualification of the additional judge of the Tallapoosa Judicial Circuit, the64
three judges of the Tallapoosa Judicial Circuit may adopt, promulgate, amend, and enforce65
such rules of practice and procedure in consonance with the Constitution and laws of the66
State of Georgia as they deem suitable and proper for the effective transaction of the business67
of the courts; and, in transacting the business of the courts and in performing their duties and68
responsibilities, the judges shall share, divide, and allocate the work and duties to be69
performed by each. In the event of a disagreement among the judges in respect hereof, the70
majority shall rule, or failing a majority, the decision of the senior judge in point of service,71
who shall be known as the chief judge, shall be controlling.72
SECTION 8.73
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted74
by any of the judges of the superior courts of such circuit; and they, or each of them, shall75
have full power and authority to draw and impanel jurors for service in such courts so as to76
have jurors for the trial of cases before any of such judges separately or before each of them77
at the same time.78
SECTION 9.79
The three judges of the Tallapoosa Judicial Circuit shall be authorized and empowered to80
employ an additional court reporter for such circuit whose compensation shall be as now or81
hereafter provided by law.82
SECTION 10.83
All writs, processes, orders, subpoenas, and any other official paper issuing out of the84
superior courts of the Tallapoosa Judicial Circuit may bear teste in the name of any judge of85
such circuit and, when issued by and in the name of any judge of such circuit, shall be fully86
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valid and may be held and determined before the same or any other judge of such circuit.
87
Any judge of such courts may preside over any cause therein and perform any official act as88
judge thereof.89
SECTION 11.90
The governing authorities of the counties comprising the Tallapoosa Judicial Circuit shall91
provide the judges of such circuit with suitable courtrooms and facilities, office space,92
telephones, furniture, office equipment, supplies, and such personnel as may be considered93
necessary to the proper functioning of the courts. All of the expenditures authorized in this94
Act are declared to be an expense of the superior court for which such expenditure was95
authorized and shall be payable out of such court's respective county treasury as such.96
SECTION 12.97
Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,98
duties, and responsibilities of superior court judges provided by the Constitution and statutes99
of the State of Georgia.100
SECTION 13.101
This Act shall become effective for the purpose of appointing the additional judge upon its102
approval by the Governor or upon its becoming law without such approval and for all other103
purposes on July 1, 2024.104
SECTION 14.105
All laws and parts of laws in conflict with this Act are repealed.106
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