| 5 | | - | To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1 |
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| 6 | | - | number of judges of superior courts, so as to provide for a fourth judge of the superior courts2 |
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| 7 | | - | of the Douglas Judicial Circuit; to provide for the appointment of such additional judge by3 |
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| 8 | | - | the Governor; to provide for the election of successors to the judge initially appointed; to4 |
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| 9 | | - | prescribe the powers of such judge; to prescribe the compensation, salary, and expense5 |
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| 10 | | - | allowance of such judge to be paid by the State of Georgia and the counties comprising said6 |
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| 11 | | - | circuit; to authorize the judges of such circuit to divide and allocate the work and duties7 |
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| 12 | | - | thereof; to provide for the manner of impaneling jurors; to provide for an additional court8 |
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| 13 | | - | reporter for such circuit; to authorize the governing authority of the counties comprising the9 |
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| 14 | | - | Douglas Judicial Circuit to provide facilities, office space, supplies, equipment, and10 |
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| 15 | | - | personnel for such judges; to declare inherent authority; to provide for related matters; to11 |
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| 16 | | - | repeal conflicting laws; and for other purposes.12 |
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| 17 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 18 | | - | SECTION 1.14 |
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| 19 | | - | Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15 |
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| 20 | | - | judges of superior courts, is amended by revising paragraph (15.1) as follows:16 |
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| 21 | | - | S. B. 347 (SUB) |
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| 22 | | - | - 1 - 24 LC 48 1330S |
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| 23 | | - | "(15.1) Douglas Circuit...............................................3 4"17 |
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| 24 | | - | SECTION 2.18 |
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| 25 | | - | One additional judge of the superior courts is added to the Douglas Judicial Circuit, thereby19 |
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| 26 | | - | increasing to four the number of judges of said circuit.20 |
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| 27 | | - | SECTION 3.21 |
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| 28 | | - | Said additional judge shall be appointed by the Governor for a term beginning July 1, 2024,22 |
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| 29 | | - | and continuing through December 31, 2026, and until his or her successor is elected and23 |
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| 30 | | - | qualified. His or her successor shall be elected in the manner provided by law for the24 |
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| 31 | | - | election of judges of the superior courts of this state at the nonpartisan judicial election in25 |
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| 32 | | - | 2026 for a term of four years beginning on January 1, 2027, and until his or her successor is26 |
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| 33 | | - | elected and qualified. Future successors shall be elected at the nonpartisan judicial election27 |
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| 34 | | - | every four years thereafter for terms of four years and until their successors are elected and28 |
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| 35 | | - | qualified. The newly elected and qualified judge shall take office on the first day of January29 |
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| 36 | | - | following the date of the election.30 |
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| 37 | | - | SECTION 4.31 |
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| 38 | | - | The additional judge of the superior courts of the Douglas Judicial Circuit shall have and32 |
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| 39 | | - | may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33 |
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| 40 | | - | present judges of the superior courts of this state. Any judge of the Douglas Judicial Circuit34 |
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| 41 | | - | may preside over any cause, whether in their own or in other circuits, and perform any35 |
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| 42 | | - | official act as judge thereof, including sitting on appellate courts as provided by law.36 |
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| 43 | | - | SECTION 5.37 |
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| 44 | | - | The qualifications of such additional judge and his or her successors shall be the same as are38 |
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| 45 | | - | now provided by law for all other superior court judges, and his or her compensation, salary,39 |
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| 46 | | - | S. B. 347 (SUB) |
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| 47 | | - | - 2 - 24 LC 48 1330S |
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| 48 | | - | and expense allowance from the State of Georgia and from the counties comprising the40 |
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| 49 | | - | Douglas Judicial Circuit shall be the same as are now provided by law for the other superior41 |
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| 50 | | - | court judges of such circuit. The provisions, if any, enacted for the supplementation by the42 |
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| 51 | | - | counties of such circuit of the salary of the judges of the superior courts of the Douglas43 |
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| 52 | | - | Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44 |
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| 53 | | - | SECTION 6.45 |
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| 54 | | - | All writs and processes in the superior courts of the Douglas Judicial Circuit shall be46 |
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| 55 | | - | returnable to the terms of such superior courts as they are now fixed and provided by law,47 |
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| 56 | | - | or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48 |
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| 57 | | - | held in the same manner as though there were but one judge, it being the intent and purpose49 |
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| 58 | | - | of this Act to provide four judges equal in jurisdiction and authority to attend and perform50 |
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| 59 | | - | the functions, powers, and duties of the judges of such superior courts and to direct and51 |
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| 60 | | - | conduct all hearings and trials in such courts.52 |
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| 61 | | - | SECTION 7.53 |
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| 62 | | - | Upon and after qualification of the additional judge of the superior courts of the Douglas54 |
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| 63 | | - | Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce55 |
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| 64 | | - | such rules of practice and procedure in consonance with the Constitution and laws of the56 |
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| 65 | | - | State of Georgia as they deem suitable and proper for the effective transaction of the business57 |
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| 66 | | - | of the court; and, in transacting the business of the court and in performing their duties and58 |
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| 67 | | - | responsibilities, they shall share, divide, and allocate the work and duties to be performed by59 |
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| 68 | | - | each. In the event of a disagreement among the judges in respect hereof, the decision of a60 |
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| 69 | | - | majority shall control, or, in the absence of a majority, the decision of the chief judge shall61 |
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| 70 | | - | be controlling. The four judges of the superior courts of the Douglas Judicial Circuit shall62 |
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| 71 | | - | have and are clothed with full power, authority, and discretion to determine from time to time63 |
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| 72 | | - | and term to term the manner of calling the dockets, fixing the calendars, and order of64 |
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| 73 | | - | S. B. 347 (SUB) |
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| 74 | | - | - 3 - 24 LC 48 1330S |
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| 75 | | - | business in such courts. They may assign to one such judge the hearing of trials by jury for65 |
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| 76 | | - | a term and the hearing of all other matters not requiring a trial by jury to the other judges, and66 |
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| 77 | | - | they may rotate such order of business at the next term. They may conduct trials by jury at67 |
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| 78 | | - | the same time in the same county or otherwise within such circuit, or they may hear68 |
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| 79 | | - | chambers business and motion business at the same time at any place within such circuit. 69 |
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| 80 | | - | They may provide in all respects for holding the superior courts of such circuit so as to70 |
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| 81 | | - | facilitate the hearing and determination of all the business of such courts at any time pending71 |
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| 82 | | - | and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and72 |
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| 83 | | - | disposing of the business of such courts and making appointments as authorized by law73 |
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| 84 | | - | where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge74 |
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| 85 | | - | as provided for in this Act shall control.75 |
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| 86 | | - | SECTION 8.76 |
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| 87 | | - | The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77 |
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| 88 | | - | by any of the judges of the superior courts of such circuit; and they, or any one such judge,78 |
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| 89 | | - | shall have full power and authority to draw and impanel jurors for service in such courts so79 |
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| 90 | | - | as to have jurors for the trial of cases before any such judges separately or before each of80 |
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| 91 | | - | them at the same time.81 |
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| 92 | | - | SECTION 9.82 |
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| 93 | | - | The four judges of the superior courts of the Douglas Judicial Circuit shall be authorized and83 |
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| 94 | | - | empowered to appoint an additional court reporter for such circuit, whose compensation shall84 |
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| 95 | | - | be as now or hereafter provided by law.85 |
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| 96 | | - | SECTION 10.86 |
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| 97 | | - | All writs, processes, orders, subpoenas, and any other official paper issuing out of the87 |
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| 98 | | - | superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the88 |
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| 99 | | - | S. B. 347 (SUB) |
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| 100 | | - | - 4 - 24 LC 48 1330S |
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| 101 | | - | Douglas Judicial Circuit and, when issued by and in the name of any judge of such circuit,89 |
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| 102 | | - | shall be fully valid and may be heard and determined before the same or any other judge of90 |
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| 103 | | - | such circuit. Any judge of such circuit may preside over any case therein and perform any91 |
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| 104 | | - | official act as judge thereof.92 |
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| 105 | | - | SECTION 11.93 |
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| 106 | | - | Upon request of any judge of the circuit, the governing authorities of the counties comprising94 |
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| 107 | | - | the Douglas Judicial Circuit shall be authorized to furnish the judges of such circuit with95 |
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| 108 | | - | suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96 |
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| 109 | | - | supplies, and such personnel as may be considered necessary by the court to the proper97 |
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| 110 | | - | functioning of the court. All of the expenditures authorized in this Act are declared to be an98 |
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| 111 | | - | expense of the court and payable out of the county treasury as such.99 |
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| 112 | | - | SECTION 12.100 |
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| 113 | | - | Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and101 |
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| 114 | | - | responsibilities of superior court judges provided by the Constitution and statutes of the State102 |
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| 115 | | - | of Georgia.103 |
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| 116 | | - | SECTION 13.104 |
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| 117 | | - | All laws and parts of laws in conflict with this Act are repealed. 105 |
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| 118 | | - | S. B. 347 (SUB) |
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| 7 | + | To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the |
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| 8 | + | 1 |
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| 9 | + | number of judges of superior courts, so as to provide for an additional judge of the superior2 |
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| 10 | + | courts of the Tallapoosa Judicial Circuit; to provide for the appointment of such additional3 |
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| 11 | + | judge by the Governor; to provide for the election of successors to the judge initially4 |
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| 12 | + | appointed; to require candidates for such judgeships to designate the seat for which they are5 |
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| 13 | + | running; to prescribe the powers of such judge; to prescribe the compensation, salary, and6 |
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| 14 | + | expense allowance of such judge to be paid by the State of Georgia and the counties included7 |
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| 15 | + | in such circuit; to authorize the judges of such circuit to divide and allocate the work and8 |
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| 16 | + | duties thereof; to provide for the designation of a chief judge; to provide for the manner of9 |
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| 17 | + | impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the10 |
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| 18 | + | governing authority of the counties included in such circuit to provide facilities, office space,11 |
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| 19 | + | supplies, equipment, and personnel for such judges; to declare inherent authority; to provide12 |
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| 20 | + | for related matters; to provide for effective dates; to repeal conflicting laws; and for other13 |
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| 21 | + | purposes.14 |
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| 22 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 |
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| 23 | + | S. B. 347 |
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| 24 | + | - 1 - 24 LC 49 1552 |
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| 25 | + | SECTION 1. |
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| 26 | + | 16 |
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| 27 | + | Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17 |
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| 28 | + | judges of superior courts, is amended by revising paragraph (38) as follows:18 |
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| 29 | + | "(38) Tallapoosa Circuit.............................................2 |
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| 30 | + | 3"19 |
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| 31 | + | SECTION 2.20 |
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| 32 | + | The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in21 |
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| 33 | + | this Act shall be appointed by the Governor for a term beginning July 1, 2024, and expiring22 |
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| 34 | + | December 31, 2026, and until a successor is elected and qualified. At the nonpartisan23 |
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| 35 | + | judicial election to be held in 2026, there shall be elected a successor to such additional judge24 |
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| 36 | + | appointed as provided for above, and he or she shall take office on the first day of January,25 |
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| 37 | + | 2027, and serve for a term of office of four years and until a successor is duly elected and26 |
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| 38 | + | qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial27 |
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| 39 | + | election conducted in the year in which the term of office shall expire for a term of four years28 |
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| 40 | + | and until his or her successor is duly elected and qualified. Such judges shall take office on29 |
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| 41 | + | the first day of January following the date of their election. Such elections shall be held and30 |
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| 42 | + | conducted as is now or may hereafter be provided by law for the election of judges of the31 |
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| 43 | + | superior courts of the State of Georgia.32 |
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| 44 | + | SECTION 3.33 |
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| 45 | + | Each person who offers for election as one of the judges of such superior courts of the34 |
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| 46 | + | Tallapoosa Judicial Circuit shall designate with the proper authority in all general elections35 |
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| 47 | + | the specific seat for which such person offers by naming the incumbent judge whom he or36 |
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| 48 | + | she desires to succeed and thereupon such person shall be permitted, if otherwise qualified,37 |
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| 49 | + | to run for such designated judgeship and no other. In the event that there is no incumbent38 |
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| 50 | + | judge in the seat for which such person desires to offer, the person shall qualify by39 |
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| 51 | + | announcing his or her intention to run for the office for which there is no incumbent.40 |
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| 52 | + | S. B. 347 |
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| 53 | + | - 2 - 24 LC 49 1552 |
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| 54 | + | SECTION 4. |
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| 55 | + | 41 |
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| 56 | + | The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in42 |
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| 57 | + | this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and43 |
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| 58 | + | immunities of the present judges of the superior courts of this state. Any of the judges of the44 |
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| 59 | + | Tallapoosa Judicial Circuit may preside over any cause, whether in their own or in other45 |
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| 60 | + | circuits, and perform any official act as judge thereof, including sitting on appellate courts46 |
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| 61 | + | as provided by law.47 |
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| 62 | + | SECTION 5.48 |
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| 63 | + | The qualifications of such additional judge and his or her successors shall be the same as are49 |
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| 64 | + | now provided by law for all other superior court judges, and his or her compensation, salary,50 |
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| 65 | + | and expense allowance from the State of Georgia and from the county comprising such51 |
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| 66 | + | circuit shall be the same as that of other judges of the Tallapoosa Judicial Circuit. The salary52 |
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| 67 | + | supplements enacted by the county comprising such circuit for the present superior court53 |
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| 68 | + | judges of such circuit shall also be applicable to the additional judge provided by this Act.54 |
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| 69 | + | SECTION 6.55 |
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| 70 | + | All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be56 |
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| 71 | + | returnable to the terms of such superior courts as they are now fixed and provided by law,57 |
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| 72 | + | or as they may hereafter be fixed or determined by law, and all terms of such courts shall be58 |
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| 73 | + | held in the same manner as though there were but one judge, it being the intent and purpose59 |
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| 74 | + | of this Act to provide the three judges of such circuit with equal jurisdiction and authority60 |
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| 75 | + | to attend to and perform the functions, powers, and duties of the judges of such superior61 |
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| 76 | + | courts and to direct and conduct all hearings and trials in such courts.62 |
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| 77 | + | S. B. 347 |
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| 78 | + | - 3 - 24 LC 49 1552 |
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| 79 | + | SECTION 7. |
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| 80 | + | 63 |
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| 81 | + | Upon and after qualification of the additional judge of the Tallapoosa Judicial Circuit, the64 |
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| 82 | + | three judges of the Tallapoosa Judicial Circuit may adopt, promulgate, amend, and enforce65 |
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| 83 | + | such rules of practice and procedure in consonance with the Constitution and laws of the66 |
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| 84 | + | State of Georgia as they deem suitable and proper for the effective transaction of the business67 |
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| 85 | + | of the courts; and, in transacting the business of the courts and in performing their duties and68 |
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| 86 | + | responsibilities, the judges shall share, divide, and allocate the work and duties to be69 |
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| 87 | + | performed by each. In the event of a disagreement among the judges in respect hereof, the70 |
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| 88 | + | majority shall rule, or failing a majority, the decision of the senior judge in point of service,71 |
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| 89 | + | who shall be known as the chief judge, shall be controlling.72 |
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| 90 | + | SECTION 8.73 |
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| 91 | + | The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted74 |
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| 92 | + | by any of the judges of the superior courts of such circuit; and they, or each of them, shall75 |
|---|
| 93 | + | have full power and authority to draw and impanel jurors for service in such courts so as to76 |
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| 94 | + | have jurors for the trial of cases before any of such judges separately or before each of them77 |
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| 95 | + | at the same time.78 |
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| 96 | + | SECTION 9.79 |
|---|
| 97 | + | The three judges of the Tallapoosa Judicial Circuit shall be authorized and empowered to80 |
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| 98 | + | employ an additional court reporter for such circuit whose compensation shall be as now or81 |
|---|
| 99 | + | hereafter provided by law.82 |
|---|
| 100 | + | SECTION 10.83 |
|---|
| 101 | + | All writs, processes, orders, subpoenas, and any other official paper issuing out of the84 |
|---|
| 102 | + | superior courts of the Tallapoosa Judicial Circuit may bear teste in the name of any judge of85 |
|---|
| 103 | + | such circuit and, when issued by and in the name of any judge of such circuit, shall be fully86 |
|---|
| 104 | + | S. B. 347 |
|---|
| 105 | + | - 4 - 24 LC 49 1552 |
|---|
| 106 | + | valid and may be held and determined before the same or any other judge of such circuit. |
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| 107 | + | 87 |
|---|
| 108 | + | Any judge of such courts may preside over any cause therein and perform any official act as88 |
|---|
| 109 | + | judge thereof.89 |
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| 110 | + | SECTION 11.90 |
|---|
| 111 | + | The governing authorities of the counties comprising the Tallapoosa Judicial Circuit shall91 |
|---|
| 112 | + | provide the judges of such circuit with suitable courtrooms and facilities, office space,92 |
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| 113 | + | telephones, furniture, office equipment, supplies, and such personnel as may be considered93 |
|---|
| 114 | + | necessary to the proper functioning of the courts. All of the expenditures authorized in this94 |
|---|
| 115 | + | Act are declared to be an expense of the superior court for which such expenditure was95 |
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| 116 | + | authorized and shall be payable out of such court's respective county treasury as such.96 |
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| 117 | + | SECTION 12.97 |
|---|
| 118 | + | Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,98 |
|---|
| 119 | + | duties, and responsibilities of superior court judges provided by the Constitution and statutes99 |
|---|
| 120 | + | of the State of Georgia.100 |
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| 121 | + | SECTION 13.101 |
|---|
| 122 | + | This Act shall become effective for the purpose of appointing the additional judge upon its102 |
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| 123 | + | approval by the Governor or upon its becoming law without such approval and for all other103 |
|---|
| 124 | + | purposes on July 1, 2024.104 |
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| 125 | + | SECTION 14.105 |
|---|
| 126 | + | All laws and parts of laws in conflict with this Act are repealed.106 |
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| 127 | + | S. B. 347 |
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