Georgia 2025-2026 Regular Session

Georgia House Bill HB515 Compare Versions

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11 25 LC 47 3414
22 House Bill 515
33 By: Representatives Newton of the 127
44 th
55 , Prince of the 132
66 nd
77 , Myles of the 126
88 th
99 , Howard of
1010 the 129
1111 th
1212 , and Heffner of the 130
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
1818 1
1919 number of judges of superior courts, so as to provide for a sixth judge of the superior courts2
2020 of the Augusta Judicial Circuit; to provide for the appointment of such additional judge by3
2121 the Governor; to provide for the election of successors to the judge initially appointed; to4
2222 prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
2323 allowance of such judge to be paid by the State of Georgia and the counties comprising said6
2424 circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
2525 thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
2626 reporter for such circuit; to authorize the governing authority of the counties comprising the9
2727 Augusta Judicial Circuit to provide facilities, office space, supplies, equipment, and10
2828 personnel for such judges; to declare inherent authority; to provide for related matters; to11
2929 provide for effective dates; to repeal conflicting laws; and for other purposes.12
3030 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
3131 SECTION 1.14
3232 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
3333 judges of superior courts, is amended by revising paragraph (5) as follows:16
3434 H. B. 515
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3636 "(5) Augusta Circuit.................................................5 6"17
3737 SECTION 2.18
3838 One additional judge of the superior courts is added to the Augusta Judicial Circuit, thereby19
3939 increasing to six the number of judges of said circuit.20
4040 SECTION 3.21
4141 Said additional judge shall be appointed by the Governor for a term beginning22
4242 January 1, 2026, and continuing through December 31, 2028, and until his or her successor23
4343 is elected and qualified. His or her successor shall be elected in the manner provided by law24
4444 for the election of judges of the superior courts of this state at the nonpartisan judicial25
4545 election in 2028 for a term of four years beginning on January 1, 2029, and until his or her26
4646 successor is elected and qualified. Future successors shall be elected at the nonpartisan27
4747 judicial election every four years thereafter for terms of four years and until their successors28
4848 are elected and qualified. The newly elected and qualified judge shall take office on the first29
4949 day of January following the date of the election.30
5050 SECTION 4.31
5151 The additional judge of the superior courts of the Augusta Judicial Circuit shall have and32
5252 may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
5353 present judges of the superior courts of this state. Any judge of the Augusta Judicial Circuit34
5454 may preside over any cause, whether in their own or in other circuits, and perform any35
5555 official act as judge thereof, including sitting on appellate courts as provided by law.36
5656 SECTION 5.37
5757 The qualifications of such additional judge and his or her successors shall be the same as are38
5858 now provided by law for all other superior court judges, and his or her compensation, salary,39
5959 H. B. 515
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6161 and expense allowance from the State of Georgia and from the counties comprising the
6262 40
6363 Augusta Judicial Circuit shall be the same as are now provided by law for the other superior41
6464 court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
6565 counties of such circuit of the salary of the judges of the superior courts of the Augusta43
6666 Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44
6767 SECTION 6.45
6868 All writs and processes in the superior courts of the Augusta Judicial Circuit shall be46
6969 returnable to the terms of such superior courts as they are now fixed and provided by law,47
7070 or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48
7171 held in the same manner as though there were but one judge, it being the intent and purpose49
7272 of this Act to provide six judges equal in jurisdiction and authority to attend and perform the50
7373 functions, powers, and duties of the judges of such superior courts and to direct and conduct51
7474 all hearings and trials in such courts.52
7575 SECTION 7.53
7676 Upon and after qualification of the additional judge of the superior courts of the Augusta54
7777 Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such55
7878 rules of practice and procedure in consonance with the Constitution and laws of the State of56
7979 Georgia as they deem suitable and proper for the effective transaction of the business of the57
8080 court; and, in transacting the business of the court and in performing their duties and58
8181 responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
8282 each. In the event of a disagreement among the judges in respect hereof, the decision of a60
8383 majority shall control, or, in the absence of a majority, the decision of the chief judge shall61
8484 be controlling. The judges of the superior courts of the Augusta Judicial Circuit shall have62
8585 and are clothed with full power, authority, and discretion to determine from time to time and63
8686 term to term the manner of calling the dockets, fixing the calendars, and order of business64
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8989 in such courts. They may assign to one such judge the hearing of trials by jury for a term and
9090 65
9191 the hearing of all other matters not requiring a trial by jury to the other judges, and they may66
9292 rotate such order of business at the next term. They may conduct trials by jury at the same67
9393 time in the same county or otherwise within such circuit, or they may hear chambers business68
9494 and motion business at the same time at any place within such circuit. They may provide in69
9595 all respects for holding the superior courts of such circuit so as to facilitate the hearing and70
9696 determination of all the business of such courts at any time pending and ready for trial or71
9797 hearing. In all such matters relating to the fixing, arranging for, and disposing of the72
9898 business of such courts and making appointments as authorized by law where the judges73
9999 thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for74
100100 in this Act shall control.75
101101 SECTION 8.76
102102 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77
103103 by any of the judges of the superior courts of such circuit; and they, or any one such judge,78
104104 shall have full power and authority to draw and impanel jurors for service in such courts so79
105105 as to have jurors for the trial of cases before any such judges separately or before each of80
106106 them at the same time.81
107107 SECTION 9.82
108108 The judges of the superior courts of the Augusta Judicial Circuit shall be authorized and83
109109 empowered to appoint an additional court reporter for such circuit, whose compensation shall84
110110 be as now or hereafter provided by law.85
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113113 SECTION 10.
114114 86
115115 All writs, processes, orders, subpoenas, and any other official paper issuing out of the87
116116 superior courts of the Augusta Judicial Circuit may bear teste in the name of any judge of the88
117117 Augusta Judicial Circuit and, when issued by and in the name of any judge of such circuit,89
118118 shall be fully valid and may be heard and determined before the same or any other judge of90
119119 such circuit. Any judge of such circuit may preside over any case therein and perform any91
120120 official act as judge thereof.92
121121 SECTION 11.93
122122 Upon request of any judge of the circuit, the governing authorities of the counties comprising94
123123 the Augusta Judicial Circuit shall be authorized to furnish the judges of such circuit with95
124124 suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96
125125 supplies, and such personnel as may be considered necessary by the court to the proper97
126126 functioning of the court. All of the expenditures authorized in this Act are declared to be an98
127127 expense of the court and payable out of the county treasury as such.99
128128 SECTION 12.100
129129 Except as expressly stated, nothing in this Act shall be construed to alter or repeal any101
130130 provision of any local Act relating to the Augusta Judicial Circuit. Nothing in this Act shall102
131131 be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior103
132132 court judges provided by the Constitution and statutes of the State of Georgia.104
133133 SECTION 13.105
134134 This Act shall become effective for the purposes of appointing the additional judge upon its106
135135 approval by the Governor or upon its becoming law without such approval, and for all other107
136136 purposes on January 1, 2026.108
137137 H. B. 515
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139139 SECTION 14.
140140 109
141141 All laws and parts of laws in conflict with this Act are repealed.110
142142 H. B. 515
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