Georgia 2025-2026 Regular Session

Georgia House Bill HB55 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 55/AP
2		-	House Bill 55 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Ford of the 170
4		-	th
5		-	, Burchett of the 176
6		-	th
7		-	, Corbett of the 174
8		-	th
9		-	, Efstration
10		-	of the 104
11		-	th
12		-	, Gunter of the 8
13		-	th
14		-	, and others
	1	+	25 LC 44 3067S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 55:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
18		-	1
	6	+	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the1
19	7		number of judges of superior courts, so as to provide for an additional judge of the superior2
20	8		courts of the Alapaha Judicial Circuit; to provide for the appointment and term of such3
21	9		additional judge by the Governor; to provide for the election and terms of successors to the4
22	10		judge initially appointed; to require candidates for such judgeships to designate the seat for5
23	11		which they are running; to prescribe the powers of such judge; to prescribe the compensation,6
24	12		salary, and expense allowance of such judge to be paid by the State of Georgia and the7
25	13		counties included in such circuit; to authorize the judges of such circuit to divide and allocate8
26	14		the work and duties thereof; to provide for the designation of a chief judge; to provide for the9
27	15		manner of impaneling jurors; to provide for an additional court reporter for such circuit; to10
28	16		authorize the governing authority of the counties included in such circuit to provide facilities,11
29	17		office space, supplies, equipment, and personnel for such judges; to declare inherent12
30	18		authority; to provide for related matters; to provide for effective dates; to repeal conflicting13
31	19		laws; and for other purposes.14
32	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
33		-	H. B. 55
34		-	- 1 - 25 HB 55/AP
35		-	SECTION 1.
36		-	16
	21	+	- 1 - 25 LC 44 3067S
	22	+	SECTION 1.16
37	23		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17
38	24		judges of superior courts, is amended by revising paragraph (1) as follows:18
39		-	"(1) Alapaha Circuit.................................................2
40		-	3"19
	25	+	"(1) Alapaha Circuit.................................................2 3"19
41	26		SECTION 2.20
42	27		The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in21
43	28		this Act shall be appointed by the Governor for a term beginning January 1, 2026, and22
44	29		expiring December 31, 2028, and until a successor is elected and qualified. At the23
45	30		nonpartisan judicial election to be held in 2028, there shall be elected a successor to such24
46	31		additional judge appointed as provided for in this section, and he or she shall take office on25
47	32		the first day of January, 2029, and serve for a term of office of four years and until a26
48	33		successor is duly elected and qualified. All subsequent successors to such judge shall be27
49	34		elected at the nonpartisan judicial election conducted in the year in which the term of office28
50	35		of such judge shall expire and serve for a term of four years and until his or her successor is29
51	36		duly elected and qualified. Such judges shall take office on the first day of January following30
52	37		the date of their election. Such elections shall be held and conducted as is now or may31
53	38		hereafter be provided by law for the election of judges of the superior courts of the State of32
54	39		Georgia.33
55	40		SECTION 3.34
56	41		Each person who offers for election as one of the judges of the superior courts of the Alapaha35
57	42		Judicial Circuit shall designate with the proper authority in all general elections the specific36
58	43		seat for which such person offers by naming the incumbent judge whom he or she desires to37
59	44		succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such38
60	45		designated judgeship and no other. In the event that there is no incumbent judge in the seat39
61		-	H. B. 55
62		-	- 2 - 25 HB 55/AP
63		-	for which such person desires to offer, the person shall qualify by announcing his or her
64		-	40
	46	+	- 2 - 25 LC 44 3067S
	47	+	for which such person desires to offer, the person shall qualify by announcing his or her40
65	48		intention to run for the office for which there is no incumbent.41
66	49		SECTION 4.42
67	50		The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in43
68	51		this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and44
69	52		immunities of the present judges of the superior courts of this state. Any of the judges of the45
70	53		Alapaha Judicial Circuit may preside over any cause, whether in their own or in other46
71	54		circuits, and perform any official act as judge thereof, including sitting on appellate courts47
72	55		as provided by law.48
73	56		SECTION 5.49
74	57		The qualifications of such additional judge and his or her successors shall be the same as are50
75	58		now provided by law for all other superior court judges, and his or her compensation, salary,51
76	59		and expense allowance from the State of Georgia and from the counties comprising such52
77	60		circuit shall be the same as that of other judges of the Alapaha Judicial Circuit. The salary53
78	61		supplements enacted by the counties comprising such circuit for the present superior court54
79	62		judges of such circuit shall also be applicable to the additional judge provided by this Act.55
80	63		SECTION 6.56
81	64		All writs and processes in the superior courts of the Alapaha Judicial Circuit shall be57
82	65		returnable to the terms of such superior courts as they are now fixed and provided by law,58
83	66		or as they may hereafter be fixed or determined by law, and all terms of such courts shall be59
84	67		held in the same manner as though there were but one judge, it being the intent and purpose60
85	68		of this Act to provide the judges of such circuit with equal jurisdiction and authority to attend61
86	69		to and perform the functions, powers, and duties of the judges of such superior courts and to62
87	70		direct and conduct all hearings and trials in such courts.63
88		-	H. B. 55
89		-	- 3 - 25 HB 55/AP
90		-	SECTION 7.
91		-	64
	71	+	- 3 - 25 LC 44 3067S
	72	+	SECTION 7.64
92	73		Upon and after qualification of the additional judge of the Alapaha Judicial Circuit, the65
93	74		judges of the Alapaha Judicial Circuit may adopt, promulgate, amend, and enforce such rules66
94	75		of practice and procedure in consonance with the Constitution and laws of the State of67
95	76		Georgia as they deem suitable and proper for the effective transaction of the business of the68
96	77		courts; and, in transacting the business of the courts and in performing their duties and69
97	78		responsibilities, the judges shall share, divide, and allocate the work and duties to be70
98	79		performed by each. In the event of a disagreement among the judges in respect hereof, the71
99	80		majority shall rule, or failing a majority, the decision of the senior judge in point of service,72
100	81		who shall be known as the chief judge, shall be controlling.73
101	82		SECTION 8.74
102	83		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted75
103	84		by any of the judges of the superior courts of such circuit; and such judges, collectively or76
104	85		individually, shall have full power and authority to draw and impanel jurors for service in77
105	86		such courts so as to have jurors for the trial of cases before any of such judges separately or78
106	87		before each of them at the same time.79
107	88		SECTION 9.80
108	89		The judges of the Alapaha Judicial Circuit shall be authorized and empowered to employ an81
109	90		additional court reporter for such circuit whose compensation shall be as now or hereafter82
110	91		provided by law.83
111	92		SECTION 10.84
112	93		All writs, processes, orders, subpoenas, and any other official paper issuing out of the85
113	94		superior courts of the Alapaha Judicial Circuit may bear teste in the name of any judge of86
114	95		such circuit and, when issued by and in the name of any judge of such circuit, shall be fully87
115		-	H. B. 55
116		-	- 4 - 25 HB 55/AP
117		-	valid and may be held and determined before the same or any other judge of such circuit.
118		-	88
	96	+	- 4 - 25 LC 44 3067S
	97	+	valid and may be held and determined before the same or any other judge of such circuit.88
119	98		Any judge of such courts may preside over any cause therein and perform any official act as89
120	99		judge thereof.90
121	100		SECTION 11.91
122	101		The governing authorities of the counties comprising the Alapaha Judicial Circuit shall92
123	102		provide the judges of such circuit with suitable courtrooms and facilities, office space,93
124	103		telephones, furniture, office equipment, supplies, and such personnel as may be considered94
125	104		necessary to the proper functioning of the courts. All of the expenditures authorized in this95
126	105		Act are declared to be an expense of the superior court for which such expenditure was96
127	106		authorized and shall be payable out of such court's respective county treasury as such.97
128	107		SECTION 12.98
129	108		Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,99
130	109		duties, and responsibilities of superior court judges provided by the Constitution and statutes100
131	110		of the State of Georgia.101
132	111		SECTION 13.102
133	112		This Act shall become effective for the purpose of appointing the additional judge upon its103
134	113		approval by the Governor or upon its becoming law without such approval and for all other104
135	114		purposes on January 1, 2026.105
136	115		SECTION 14.106
137	116		All laws and parts of laws in conflict with this Act are repealed.107
138		-	H. B. 55
139	117		- 5 -