Georgia 2023-2024 Regular Session

Georgia Senate Bill SB66 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 66/AP~~
2		-	S. B. 66
	1	+	23 LC 44 2381S
	2	+	S. B. 66 (SUB)
3	3		- 1 -
4		-	Senate Bill 66
5		-	By: Senators Hickman of the 4th, Hodges of the 3rd, Kennedy of the 18th, Gooch of the 51st
6		-	and Tillery of the 19th
	4	+	The House Committee on Judiciary offers the following substitute to SB 66:
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
10		-	1
	7	+	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1
11	8		number of judges of superior courts, so as to provide for an additional judge of the superior2
12	9		courts of the Atlantic Judicial Circuit; to provide for the appointment of such additional judge3
13	10		by the Governor; to provide for the election of successors to the additional judge initially4
14	11		appointed; to require candidates for such judgeships to designate the seat for which they are5
15	12		running; to prescribe the powers of such judge; to prescribe the compensation, salary, and6
16	13		expense allowance of such judge to be paid by the State of Georgia and the counties included7
17	14		in such circuit; to authorize the judges of such circuit to divide and allocate the work and8
18	15		duties thereof; to provide for the designation of a chief judge; to provide for the manner of9
19	16		impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the10
20	17		governing authority of the counties included in such circuit to provide facilities, office space,11
21	18		supplies, equipment, and personnel for such judges; to provide for validity of actions; to12
22	19		declare inherent authority; to provide for related matters; to provide for effective dates; to13
23	20		repeal conflicting laws; and for other purposes.14
24		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 ~~SB 66/AP~~
25		-	S. B. 66
	21	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 LC 44 2381S
	22	+	S. B. 66 (SUB)
26	23		- 2 -
27		-	SECTION 1.
28		-	16
	24	+	SECTION 1.16
29	25		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17
30	26		judges of superior courts, is amended by revising paragraph (4) as follows:18
31		-	"(4) Atlantic Circuit.................................................4
32		-	5"19
	27	+	"(4) Atlantic Circuit.................................................4 5"19
33	28		SECTION 2.20
34	29		The additional judge of the superior courts of the Atlantic Judicial Circuit provided for in this21
35	30		Act shall be appointed by the Governor for a term beginning January 1, 2024, and expiring22
36	31		December 31, 2026, and until a successor is elected and qualified. At the nonpartisan23
37	32		judicial election to be held in 2026, there shall be elected a successor to such additional judge24
38	33		appointed as provided in this section, and he or she shall take office on January 1, 2027, and25
39	34		shall serve for a term of office of four years and until a successor is duly elected and26
40	35		qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial27
41	36		election conducted in the year in which the term of office expires for a term of four years and28
42	37		until his or her successor is duly elected and qualified. Each newly elected and qualified29
43	38		successor shall take office on the first day of January following the date of their election.30
44	39		Such elections shall be held and conducted as is now or may hereafter be provided by law31
45	40		for the election of judges of the superior courts of the State of Georgia.32
46	41		SECTION 3.33
47	42		Each person who offers for election as one of the judges of such superior courts of the34
48	43		Atlantic Judicial Circuit shall designate with the proper authority in all general elections the35
49	44		specific seat for which such person offers by naming the incumbent judge whom he or she36
50	45		desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to37
51	46		run for such designated judgeship and no other. In the event that there is no incumbent judge38
52	47		in the seat for which such person desires to offer, the person shall qualify by announcing his39
53		-	or her intention to run for the office for which there is no incumbent.40 23 ~~SB 66/AP~~
54		-	S. B. 66
	48	+	or her intention to run for the office for which there is no incumbent.40 23 LC 44 2381S
	49	+	S. B. 66 (SUB)
55	50		- 3 -
56		-	SECTION 4.
57		-	41
	51	+	SECTION 4.41
58	52		The additional judge of the superior courts of the Atlantic Judicial Circuit provided for in this42
59	53		Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and43
60	54		immunities of the present judges of the superior courts of this state. Any of the judges of44
61	55		such court may preside over any cause, whether in their own or in other circuits, and perform45
62	56		any official act as judge thereof, including sitting on appellate courts as provided by law.46
63	57		SECTION 5.47
64	58		The qualifications of such additional judge and his or her successors shall be the same as are48
65	59		now provided by law for all other superior court judges, and his or her compensation, salary,49
66	60		and expense allowance from the State of Georgia and from the counties comprising such50
67	61		circuit shall be the same as that of other judges of the superior courts of the Atlantic Judicial51
68	62		Circuit. The salary supplements enacted by the counties comprising such circuit for the52
69	63		present superior court judges of such circuit shall also be applicable to the additional judge53
70	64		provided by this Act.54
71	65		SECTION 6.55
72	66		All writs and processes in the superior courts of the Atlantic Judicial Circuit shall be56
73	67		returnable to the terms of such superior court as they are now fixed and provided by law, or57
74	68		as they may hereafter be fixed or determined by law, and all terms of such court shall be held58
75	69		in the same manner as though there were but one judge, it being the intent and purpose of this59
76	70		Act to provide the five judges of such circuit with equal jurisdiction and authority to attend60
77	71		to and perform the functions, powers, and duties of the judges of such superior court and to61
78		-	direct and conduct all hearings and trials in such court.62 23 ~~SB 66/AP~~
79		-	S. B. 66
	72	+	direct and conduct all hearings and trials in such court.62 23 LC 44 2381S
	73	+	S. B. 66 (SUB)
80	74		- 4 -
81		-	SECTION 7.
82		-	63
	75	+	SECTION 7.63
83	76		Upon and after qualification of the additional judge of the superior courts of the Atlantic64
84	77		Judicial Circuit, the five judges of the superior courts of the Atlantic Judicial Circuit may65
85	78		adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance66
86	79		with the Constitution and laws of the State of Georgia as they deem suitable and proper for67
87	80		the effective transaction of the business of the court; and, in transacting the business of the68
88	81		court and in performing their duties and responsibilities, the judges shall share, divide, and69
89	82		allocate the work and duties to be performed by each. In the event of a disagreement among70
90	83		the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the71
91	84		chief judge shall be controlling.72
92	85		SECTION 8.73
93	86		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted74
94	87		by any of the judges of the superior court of such circuit; and they, or each of them, shall75
95	88		have full power and authority to draw and impanel jurors for service in such court so as to76
96	89		have jurors for the trial of cases before any of such judges separately or before each of them77
97	90		at the same time.78
98	91		SECTION 9.79
99	92		The five judges of the superior courts of the Atlantic Judicial Circuit shall be authorized and80
100	93		empowered to employ an additional court reporter for such circuit whose compensation shall81
101	94		be as now or hereafter provided by law.82
102	95		SECTION 10.83
103	96		All writs, processes, orders, subpoenas, and any other official paper issuing out of the84
104	97		superior courts of the Atlantic Judicial Circuit may bear teste in the name of any judge of85
105		-	such circuit and, when issued by and in the name of any judge of such circuit, shall be fully86 23 ~~SB 66/AP~~
106		-	S. B. 66
	98	+	such circuit and, when issued by and in the name of any judge of such circuit, shall be fully86 23 LC 44 2381S
	99	+	S. B. 66 (SUB)
107	100		- 5 -
108		-	valid and may be held and determined before the same or any other judge of such circuit.
109		-	87
	101	+	valid and may be held and determined before the same or any other judge of such circuit.87
110	102		Any judge of such court may preside over any cause therein and perform any official act as88
111	103		judge thereof.89
112	104		SECTION 11.90
113	105		The governing authorities of the counties comprising the Atlantic Judicial Circuit shall91
114	106		provide the judges of such circuit with suitable courtrooms and facilities, office space,92
115	107		telephones, furniture, office equipment, supplies, and such personnel as may be considered93
116	108		necessary to the proper functioning of the court. All of the expenditures authorized in this94
117	109		Act are declared to be an expense of the court and payable out of the counties' treasuries as95
118	110		such.96
119	111		SECTION 12.97
120	112		Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,98
121	113		duties, and responsibilities of superior court judges provided by the Constitution and statutes99
122	114		of the State of Georgia.100
123	115		SECTION 13.101
124	116		This Act shall become effective for the purpose of appointing the additional judge upon its102
125	117		approval by the Governor or upon its becoming law without such approval and for all other103
126	118		purposes on July 1, 2023.104
127	119		SECTION 14.105
128	120		All laws and parts of laws in conflict with this Act are repealed.106