Georgia 2023-2024 Regular Session

Georgia Senate Bill SB5 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 44 2177
2	2	S. B. 5
3	3	- 1 -
4	4	Senate Bill 5
5	5	By: Senators Burns of the 23rd and Jones II of the 22nd
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
9	9	1
10	10	number of judges of superior courts, so as to provide for an additional judge of the superior2
11	11	court of the Augusta Judicial Circuit; to provide for the appointment of such additional judge3
12	12	by the Governor; to provide for the election of successors to the additional judge initially4
13	13	appointed; to require candidates for such judgeships to designate the seat for which they are5
14	14	running; to prescribe the powers of such judge; to prescribe the compensation, salary, and6
15	15	expense allowance of such judge to be paid by the State of Georgia and the counties included7
16	16	in such circuit; to authorize the judges of such circuit to divide and allocate the work and8
17	17	duties thereof; to provide for the designation of a chief judge; to provide for the manner of9
18	18	impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the10
19	19	governing authority of the counties included in such circuit to provide facilities, office space,11
20	20	supplies, equipment, and personnel for such judges; to provide for validity of actions; to12
21	21	declare inherent authority; to provide for related matters; to provide for effective dates; to13
22	22	repeal conflicting laws; and for other purposes.14
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 LC 44 2177
24	24	S. B. 5
25	25	- 2 -
26	26	SECTION 1.
27	27	16
28	28	Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17
29	29	judges of superior courts, is amended by revising paragraph (5) as follows:18
30	30	"(5) Augusta Circuit.................................................5
31	31	6"19
32	32	SECTION 2.20
33	33	The additional judge of the superior court of the Augusta Judicial Circuit provided for in this21
34	34	Act shall be appointed by the Governor for a term beginning July 1, 2023, and expiring22
35	35	December 31, 2024, and until a successor is elected and qualified. At the nonpartisan23
36	36	judicial election to be held in 2024, there shall be elected a successor to such additional judge24
37	37	appointed as provided in this section, and he or she shall take office on January 1, 2025, and25
38	38	shall serve for a term of office of four years and until a successor is duly elected and26
39	39	qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial27
40	40	election conducted in the year in which the term of office expires for a term of four years and28
41	41	until his or her successor is duly elected and qualified. Each newly elected and qualified29
42	42	successor shall take office on the first day of January following the date of their election.30
43	43	Such elections shall be held and conducted as is now or may hereafter be provided by law31
44	44	for the election of judges of the superior courts of the State of Georgia.32
45	45	SECTION 3.33
46	46	Each person who offers for election as one of the judges of such superior court of the34
47	47	Augusta Judicial Circuit shall designate with the proper authority in all general elections the35
48	48	specific seat for which such person offers by naming the incumbent judge whom he or she36
49	49	desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to37
50	50	run for such designated judgeship and no other. In the event that there is no incumbent judge38
51	51	in the seat for which such person desires to offer, the person shall qualify by announcing his39
52	52	or her intention to run for the office for which there is no incumbent.40 23 LC 44 2177
53	53	S. B. 5
54	54	- 3 -
55	55	SECTION 4.
56	56	41
57	57	The additional judge of the superior court of the Augusta Judicial Circuit provided for in this42
58	58	Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and43
59	59	immunities of the present judges of the superior courts of this state. Any of the judges of44
60	60	such court may preside over any cause, whether in their own or in other circuits, and perform45
61	61	any official act as judge thereof, including sitting on appellate courts as provided by law.46
62	62	SECTION 5.47
63	63	The qualifications of such additional judge and his or her successors shall be the same as are48
64	64	now provided by law for all other superior court judges, and his or her compensation, salary,49
65	65	and expense allowance from the State of Georgia and from the county comprising such50
66	66	circuit shall be the same as that of other judges of the superior court of the Augusta Judicial51
67	67	Circuit. The salary supplements enacted by the county comprising such circuit for the52
68	68	present superior court judges of such circuit shall also be applicable to the additional judge53
69	69	provided by this Act.54
70	70	SECTION 6.55
71	71	All writs and processes in the superior court of the Augusta Judicial Circuit shall be56
72	72	returnable to the terms of such superior court as they are now fixed and provided by law, or57
73	73	as they may hereafter be fixed or determined by law, and all terms of such court shall be held58
74	74	in the same manner as though there were but one judge, it being the intent and purpose of this59
75	75	Act to provide the six judges of such circuit with equal jurisdiction and authority to attend60
76	76	to and perform the functions, powers, and duties of the judges of such superior court and to61
77	77	direct and conduct all hearings and trials in such court.62 23 LC 44 2177
78	78	S. B. 5
79	79	- 4 -
80	80	SECTION 7.
81	81	63
82	82	Upon and after qualification of the additional judge of the superior court of the Augusta64
83	83	Judicial Circuit, the six judges of the superior court of the Augusta Judicial Circuit may65
84	84	adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance66
85	85	with the Constitution and laws of the State of Georgia as they deem suitable and proper for67
86	86	the effective transaction of the business of the court; and, in transacting the business of the68
87	87	court and in performing their duties and responsibilities, the judges shall share, divide, and69
88	88	allocate the work and duties to be performed by each. In the event of a disagreement among70
89	89	the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the71
90	90	senior judge in point of service, who shall be known as the chief judge, shall be controlling.72
91	91	SECTION 8.73
92	92	The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted74
93	93	by any of the judges of the superior court of such circuit; and they, or each of them, shall75
94	94	have full power and authority to draw and impanel jurors for service in such court so as to76
95	95	have jurors for the trial of cases before any of such judges separately or before each of them77
96	96	at the same time.78
97	97	SECTION 9.79
98	98	The six judges of the superior court of the Augusta Judicial Circuit shall be authorized and80
99	99	empowered to employ an additional court reporter for such circuit whose compensation shall81
100	100	be as now or hereafter provided by law.82
101	101	SECTION 10.83
102	102	All writs, processes, orders, subpoenas, and any other official paper issuing out of the84
103	103	superior court of the Augusta Judicial Circuit may bear teste in the name of any judge of such85
104	104	circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid86 23 LC 44 2177
105	105	S. B. 5
106	106	- 5 -
107	107	and may be held and determined before the same or any other judge of such circuit. Any
108	108	87
109	109	judge of such court may preside over any cause therein and perform any official act as judge88
110	110	thereof.89
111	111	SECTION 11.90
112	112	The governing authorities of the counties comprising the Augusta Judicial Circuit shall91
113	113	provide the judges of such circuit with suitable courtrooms and facilities, office space,92
114	114	telephones, furniture, office equipment, supplies, and such personnel as may be considered93
115	115	necessary to the proper functioning of the court. All of the expenditures authorized in this94
116	116	Act are declared to be an expense of the court and payable out of the county treasuries as95
117	117	such.96
118	118	SECTION 12.97
119	119	Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,98
120	120	duties, and responsibilities of superior court judges provided by the Constitution and statutes99
121	121	of the State of Georgia.100
122	122	SECTION 13.101
123	123	This Act shall become effective for the purpose of appointing the additional judge upon its102
124	124	approval by the Governor or upon its becoming law without such approval and for all other103
125	125	purposes on July 1, 2023.104
126	126	SECTION 14.105
127	127	All laws and parts of laws in conflict with this Act are repealed.106