25 HB 55/AP
House Bill 55 (AS PASSED HOUSE AND SENATE)
By: Representatives Ford of the 170
th
, Burchett of the 176
th
, Corbett of the 174
th
, Efstration
of the 104
th
, Gunter of the 8
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
1
number of judges of superior courts, so as to provide for an additional judge of the superior2
courts of the Alapaha Judicial Circuit; to provide for the appointment and term of such3
additional judge by the Governor; to provide for the election and terms of successors to the4
judge initially appointed; to require candidates for such judgeships to designate the seat for5
which they are running; to prescribe the powers of such judge; to prescribe the compensation,6
salary, and expense allowance of such judge to be paid by the State of Georgia and the7
counties included in such circuit; to authorize the judges of such circuit to divide and allocate8
the work and duties thereof; to provide for the designation of a chief judge; to provide for the9
manner of impaneling jurors; to provide for an additional court reporter for such circuit; to10
authorize the governing authority of the counties included in such circuit to provide facilities,11
office space, supplies, equipment, and personnel for such judges; to declare inherent12
authority; to provide for related matters; to provide for effective dates; to repeal conflicting13
laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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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 (1) as follows:18
"(1) Alapaha Circuit.................................................2
3"19
SECTION 2.20
The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in21
this Act shall be appointed by the Governor for a term beginning January 1, 2026, and22
expiring December 31, 2028, and until a successor is elected and qualified. At the23
nonpartisan judicial election to be held in 2028, there shall be elected a successor to such24
additional judge appointed as provided for in this section, and he or she shall take office on25
the first day of January, 2029, and serve for a term of office of four years and until a26
successor is duly elected and qualified. All subsequent successors to such judge shall be27
elected at the nonpartisan judicial election conducted in the year in which the term of office28
of such judge shall expire and serve for a term of four years and until his or her successor is29
duly elected and qualified. Such judges shall take office on the first day of January following30
the date of their election. Such elections shall be held and conducted as is now or may31
hereafter be provided by law for the election of judges of the superior courts of the State of32
Georgia.33
SECTION 3.34
Each person who offers for election as one of the judges of the superior courts of the Alapaha35
Judicial Circuit shall designate with the proper authority in all general elections the specific36
seat for which such person offers by naming the incumbent judge whom he or she desires to37
succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such38
designated judgeship and no other. In the event that there is no incumbent judge in the seat39
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for which such person desires to offer, the person shall qualify by announcing his or her
40
intention to run for the office for which there is no incumbent.41
SECTION 4.42
The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in43
this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and44
immunities of the present judges of the superior courts of this state. Any of the judges of the45
Alapaha Judicial Circuit may preside over any cause, whether in their own or in other46
circuits, and perform any official act as judge thereof, including sitting on appellate courts47
as provided by law.48
SECTION 5.49
The qualifications of such additional judge and his or her successors shall be the same as are50
now provided by law for all other superior court judges, and his or her compensation, salary,51
and expense allowance from the State of Georgia and from the counties comprising such52
circuit shall be the same as that of other judges of the Alapaha Judicial Circuit. The salary53
supplements enacted by the counties comprising such circuit for the present superior court54
judges of such circuit shall also be applicable to the additional judge provided by this Act.55
SECTION 6.56
All writs and processes in the superior courts of the Alapaha Judicial Circuit shall be57
returnable to the terms of such superior courts as they are now fixed and provided by law,58
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be59
held in the same manner as though there were but one judge, it being the intent and purpose60
of this Act to provide the judges of such circuit with equal jurisdiction and authority to attend61
to and perform the functions, powers, and duties of the judges of such superior courts and to62
direct and conduct all hearings and trials in such courts.63
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SECTION 7.
64
Upon and after qualification of the additional judge of the Alapaha Judicial Circuit, the65
judges of the Alapaha Judicial Circuit may adopt, promulgate, amend, and enforce such rules66
of practice and procedure in consonance with the Constitution and laws of the State of67
Georgia as they deem suitable and proper for the effective transaction of the business of the68
courts; and, in transacting the business of the courts and in performing their duties and69
responsibilities, the judges shall share, divide, and allocate the work and duties to be70
performed by each. In the event of a disagreement among the judges in respect hereof, the71
majority shall rule, or failing a majority, the decision of the senior judge in point of service,72
who shall be known as the chief judge, shall be controlling.73
SECTION 8.74
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted75
by any of the judges of the superior courts of such circuit; and such judges, collectively or76
individually, shall have full power and authority to draw and impanel jurors for service in77
such courts so as to have jurors for the trial of cases before any of such judges separately or78
before each of them at the same time.79
SECTION 9.80
The judges of the Alapaha Judicial Circuit shall be authorized and empowered to employ an81
additional court reporter for such circuit whose compensation shall be as now or hereafter82
provided by law.83
SECTION 10.84
All writs, processes, orders, subpoenas, and any other official paper issuing out of the85
superior courts of the Alapaha Judicial Circuit may bear teste in the name of any judge of86
such circuit and, when issued by and in the name of any judge of such circuit, shall be fully87
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valid and may be held and determined before the same or any other judge of such circuit.
88
Any judge of such courts may preside over any cause therein and perform any official act as89
judge thereof.90
SECTION 11.91
The governing authorities of the counties comprising the Alapaha Judicial Circuit shall92
provide the judges of such circuit with suitable courtrooms and facilities, office space,93
telephones, furniture, office equipment, supplies, and such personnel as may be considered94
necessary to the proper functioning of the courts. All of the expenditures authorized in this95
Act are declared to be an expense of the superior court for which such expenditure was96
authorized and shall be payable out of such court's respective county treasury as such.97
SECTION 12.98
Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,99
duties, and responsibilities of superior court judges provided by the Constitution and statutes100
of the State of Georgia.101
SECTION 13.102
This Act shall become effective for the purpose of appointing the additional judge upon its103
approval by the Governor or upon its becoming law without such approval and for all other104
purposes on January 1, 2026.105
SECTION 14.106
All laws and parts of laws in conflict with this Act are repealed.107
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