23 LC 44 2177
S. B. 5
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Senate Bill 5
By: Senators Burns of the 23rd and Jones II of the 22nd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
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number of judges of superior courts, so as to provide for an additional judge of the superior2
court of the Augusta Judicial Circuit; to provide for the appointment of such additional judge3
by the Governor; to provide for the election of successors to the additional 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 provide for validity of actions; to12
declare inherent authority; to provide for related matters; to provide for effective dates; to13
repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 LC 44 2177
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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 (5) as follows:18
"(5) Augusta Circuit.................................................5
6"19
SECTION 2.20
The additional judge of the superior court of the Augusta Judicial Circuit provided for in this21
Act shall be appointed by the Governor for a term beginning July 1, 2023, and expiring22
December 31, 2024, and until a successor is elected and qualified. At the nonpartisan23
judicial election to be held in 2024, there shall be elected a successor to such additional judge24
appointed as provided in this section, and he or she shall take office on January 1, 2025, and25
shall 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 expires for a term of four years and28
until his or her successor is duly elected and qualified. Each newly elected and qualified29
successor shall take office on the first day of January following the date of their election.30
Such elections shall be held and conducted as is now or may hereafter be provided by law31
for the election of judges of the 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 court of the34
Augusta Judicial Circuit shall designate with the proper authority in all general elections the35
specific seat for which such person offers by naming the incumbent judge whom he or she36
desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to37
run for such designated judgeship and no other. In the event that there is no incumbent judge38
in the seat for which such person desires to offer, the person shall qualify by announcing his39
or her intention to run for the office for which there is no incumbent.40 23 LC 44 2177
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SECTION 4.
41
The additional judge of the superior court of the Augusta Judicial Circuit provided for in this42
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 of44
such court may preside over any cause, whether in their own or in other circuits, and perform45
any official act as judge thereof, including sitting on appellate courts as provided by law.46
SECTION 5.47
The qualifications of such additional judge and his or her successors shall be the same as are48
now provided by law for all other superior court judges, and his or her compensation, salary,49
and expense allowance from the State of Georgia and from the county comprising such50
circuit shall be the same as that of other judges of the superior court of the Augusta Judicial51
Circuit. The salary supplements enacted by the county comprising such circuit for the52
present superior court judges of such circuit shall also be applicable to the additional judge53
provided by this Act.54
SECTION 6.55
All writs and processes in the superior court of the Augusta Judicial Circuit shall be56
returnable to the terms of such superior court as they are now fixed and provided by law, or57
as they may hereafter be fixed or determined by law, and all terms of such court shall be held58
in the same manner as though there were but one judge, it being the intent and purpose of this59
Act to provide the six judges of such circuit with equal jurisdiction and authority to attend60
to and perform the functions, powers, and duties of the judges of such superior court and to61
direct and conduct all hearings and trials in such court.62 23 LC 44 2177
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SECTION 7.
63
Upon and after qualification of the additional judge of the superior court of the Augusta64
Judicial Circuit, the six judges of the superior court of the Augusta Judicial Circuit may65
adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance66
with the Constitution and laws of the State of Georgia as they deem suitable and proper for67
the effective transaction of the business of the court; and, in transacting the business of the68
court and in performing their duties and responsibilities, the judges shall share, divide, and69
allocate the work and duties to be performed by each. In the event of a disagreement among70
the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the71
senior judge in point of service, 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 court of such circuit; and they, or each of them, shall75
have full power and authority to draw and impanel jurors for service in such court 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 six judges of the superior court of the Augusta Judicial Circuit shall be authorized and80
empowered to employ an additional court reporter for such circuit whose compensation shall81
be as now or hereafter provided by law.82
SECTION 10.83
All writs, processes, orders, subpoenas, and any other official paper issuing out of the84
superior court of the Augusta Judicial Circuit may bear teste in the name of any judge of such85
circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid86 23 LC 44 2177
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and may be held and determined before the same or any other judge of such circuit. Any
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judge of such court may preside over any cause therein and perform any official act as judge88
thereof.89
SECTION 11.90
The governing authorities of the counties comprising the Augusta 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 court. All of the expenditures authorized in this94
Act are declared to be an expense of the court and payable out of the county treasuries as95
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, 2023.104
SECTION 14.105
All laws and parts of laws in conflict with this Act are repealed.106