1 | 1 | | 25 LC 47 3294 |
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2 | 2 | | House Bill 557 |
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3 | 3 | | By: Representatives Hawkins of the 27 |
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4 | 4 | | th |
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5 | 5 | | , Cox of the 28 |
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6 | 6 | | th |
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7 | 7 | | , Clark of the 100 |
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8 | 8 | | th |
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9 | 9 | | , Dunahoo of the |
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10 | 10 | | 31 |
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11 | 11 | | st |
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12 | 12 | | , McCollum of the 30 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the |
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18 | 18 | | 1 |
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19 | 19 | | number of judges of superior courts, so as to provide for a sixth judge of the superior courts2 |
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20 | 20 | | of the Northeastern Judicial Circuit; to provide for the appointment of such additional judge3 |
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21 | 21 | | by the Governor; to provide for the election of successors to the judge initially appointed; to4 |
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22 | 22 | | prescribe the powers of such judge; to prescribe the compensation, salary, and expense5 |
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23 | 23 | | allowance of such judge to be paid by the State of Georgia and the counties comprising said6 |
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24 | 24 | | circuit; to authorize the judges of such circuit to divide and allocate the work and duties7 |
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25 | 25 | | thereof; to provide for the manner of impaneling jurors; to provide for an additional court8 |
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26 | 26 | | reporter for such circuit; to authorize the governing authority of the counties comprising the9 |
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27 | 27 | | Northeastern Judicial Circuit to provide facilities, office space, supplies, equipment, and10 |
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28 | 28 | | personnel for such judges; to declare inherent authority; to provide for related matters; to11 |
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29 | 29 | | provide for effective dates; to repeal conflicting laws; and for other purposes.12 |
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30 | 30 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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31 | 31 | | SECTION 1.14 |
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32 | 32 | | Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15 |
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33 | 33 | | judges of superior courts, is amended by revising paragraph (26) as follows:16 |
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34 | 34 | | H. B. 557 |
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35 | 35 | | - 1 - 25 LC 47 3294 |
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36 | 36 | | "(26) Northeastern Circuit ............................................5 6"17 |
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37 | 37 | | SECTION 2.18 |
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38 | 38 | | One additional judge of the superior courts is added to the Northeastern Judicial Circuit,19 |
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39 | 39 | | thereby increasing to six the number of judges of said circuit.20 |
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40 | 40 | | SECTION 3.21 |
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41 | 41 | | Said additional judge shall be appointed by the Governor for a term beginning22 |
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42 | 42 | | January 1, 2026, and continuing through December 31, 2028, and until his or her successor23 |
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43 | 43 | | is elected and qualified. His or her successor shall be elected in the manner provided by law24 |
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44 | 44 | | for the election of judges of the superior courts of this state at the nonpartisan judicial25 |
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45 | 45 | | election in 2028 for a term of four years beginning on January 1, 2029, and until his or her26 |
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46 | 46 | | successor is elected and qualified. Future successors shall be elected at the nonpartisan27 |
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47 | 47 | | judicial election every four years thereafter for terms of four years and until their successors28 |
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48 | 48 | | are elected and qualified. The newly elected and qualified judge shall take office on the first29 |
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49 | 49 | | day of January following the date of the election.30 |
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50 | 50 | | SECTION 4.31 |
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51 | 51 | | The additional judge of the superior courts of the Northeastern Judicial Circuit shall have and32 |
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52 | 52 | | may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33 |
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53 | 53 | | present judges of the superior courts of this state. Any judge of the Northeastern Judicial34 |
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54 | 54 | | Circuit may preside over any cause, whether in their own or in other circuits, and perform35 |
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55 | 55 | | any official act as judge thereof, including sitting on appellate courts as provided by law.36 |
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56 | 56 | | SECTION 5.37 |
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57 | 57 | | The qualifications of such additional judge and his or her successors shall be the same as are38 |
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58 | 58 | | now provided by law for all other superior court judges, and his or her compensation, salary,39 |
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59 | 59 | | H. B. 557 |
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60 | 60 | | - 2 - 25 LC 47 3294 |
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61 | 61 | | and expense allowance from the State of Georgia and from the counties comprising the |
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62 | 62 | | 40 |
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63 | 63 | | Northeastern Judicial Circuit shall be the same as are now provided by law for the other41 |
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64 | 64 | | superior court judges of such circuit. The provisions, if any, enacted for the supplementation42 |
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65 | 65 | | by the counties of such circuit of the salary of the judges of the superior courts of the43 |
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66 | 66 | | Northeastern Judicial Circuit shall also be applicable to the additional judge provided for by44 |
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67 | 67 | | this Act.45 |
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68 | 68 | | SECTION 6.46 |
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69 | 69 | | All writs and processes in the superior courts of the Northeastern Judicial Circuit shall be47 |
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70 | 70 | | returnable to the terms of such superior courts as they are now fixed and provided by law,48 |
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71 | 71 | | or as they may hereafter be fixed or determined by law, and all terms of such courts shall be49 |
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72 | 72 | | held in the same manner as though there were but one judge, it being the intent and purpose50 |
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73 | 73 | | of this Act to provide six judges equal in jurisdiction and authority to attend and perform the51 |
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74 | 74 | | functions, powers, and duties of the judges of such superior courts and to direct and conduct52 |
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75 | 75 | | all hearings and trials in such courts.53 |
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76 | 76 | | SECTION 7.54 |
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77 | 77 | | Upon and after qualification of the additional judge of the superior courts of the Northeastern55 |
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78 | 78 | | Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such56 |
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79 | 79 | | rules of practice and procedure in consonance with the Constitution and laws of the State of57 |
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80 | 80 | | Georgia as they deem suitable and proper for the effective transaction of the business of the58 |
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81 | 81 | | court; and, in transacting the business of the court and in performing their duties and59 |
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82 | 82 | | responsibilities, they shall share, divide, and allocate the work and duties to be performed by60 |
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83 | 83 | | each. In the event of a disagreement among the judges in respect hereof, the decision of a61 |
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84 | 84 | | majority shall control, or, in the absence of a majority, the decision of the chief judge shall62 |
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85 | 85 | | be controlling. The judges of the superior courts of the Northeastern Judicial Circuit shall63 |
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86 | 86 | | have and are clothed with full power, authority, and discretion to determine from time to time64 |
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87 | 87 | | H. B. 557 |
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88 | 88 | | - 3 - 25 LC 47 3294 |
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89 | 89 | | and term to term the manner of calling the dockets, fixing the calendars, and order of |
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90 | 90 | | 65 |
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91 | 91 | | business in such courts. They may assign to one such judge the hearing of trials by jury for66 |
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92 | 92 | | a term and the hearing of all other matters not requiring a trial by jury to the other judges, and67 |
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93 | 93 | | they may rotate such order of business at the next term. They may conduct trials by jury at68 |
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94 | 94 | | the same time in the same county or otherwise within such circuit, or they may hear69 |
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95 | 95 | | chambers business and motion business at the same time at any place within such circuit. 70 |
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96 | 96 | | They may provide in all respects for holding the superior courts of such circuit so as to71 |
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97 | 97 | | facilitate the hearing and determination of all the business of such courts at any time pending72 |
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98 | 98 | | and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and73 |
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99 | 99 | | disposing of the business of such courts and making appointments as authorized by law74 |
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100 | 100 | | where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge75 |
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101 | 101 | | as provided for in this Act shall control.76 |
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102 | 102 | | SECTION 8.77 |
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103 | 103 | | The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted78 |
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104 | 104 | | by any of the judges of the superior courts of such circuit; and they, or any one such judge,79 |
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105 | 105 | | shall have full power and authority to draw and impanel jurors for service in such courts so80 |
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106 | 106 | | as to have jurors for the trial of cases before any such judges separately or before each of81 |
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107 | 107 | | them at the same time.82 |
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108 | 108 | | SECTION 9.83 |
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109 | 109 | | The judges of the superior courts of the Northeastern Judicial Circuit shall be authorized and84 |
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110 | 110 | | empowered to appoint an additional court reporter for such circuit, whose compensation shall85 |
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111 | 111 | | be as now or hereafter provided by law.86 |
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112 | 112 | | H. B. 557 |
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113 | 113 | | - 4 - 25 LC 47 3294 |
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114 | 114 | | SECTION 10. |
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115 | 115 | | 87 |
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116 | 116 | | All writs, processes, orders, subpoenas, and any other official paper issuing out of the88 |
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117 | 117 | | superior courts of the Northeastern Judicial Circuit may bear teste in the name of any judge89 |
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118 | 118 | | of the Northeastern Judicial Circuit and, when issued by and in the name of any judge of such90 |
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119 | 119 | | circuit, shall be fully valid and may be heard and determined before the same or any other91 |
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120 | 120 | | judge of such circuit. Any judge of such circuit may preside over any case therein and92 |
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121 | 121 | | perform any official act as judge thereof.93 |
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122 | 122 | | SECTION 11.94 |
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123 | 123 | | Upon request of any judge of the circuit, the governing authorities of the counties comprising95 |
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124 | 124 | | the Northeastern Judicial Circuit shall be authorized to furnish the judges of such circuit with96 |
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125 | 125 | | suitable courtrooms and facilities, office space, telephones, furniture, office equipment,97 |
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126 | 126 | | supplies, and such personnel as may be considered necessary by the court to the proper98 |
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127 | 127 | | functioning of the court. All of the expenditures authorized in this Act are declared to be an99 |
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128 | 128 | | expense of the court and payable out of the county treasury as such.100 |
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129 | 129 | | SECTION 12.101 |
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130 | 130 | | Except as expressly stated, nothing in this Act shall be construed to alter or repeal any102 |
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131 | 131 | | provision of any local Act relating to the Northeastern Judicial Circuit. Nothing in this Act103 |
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132 | 132 | | shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of104 |
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133 | 133 | | superior court judges provided by the Constitution and statutes of the State of Georgia.105 |
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134 | 134 | | SECTION 13.106 |
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135 | 135 | | This Act shall become effective for the purposes of appointing the additional judge upon its107 |
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136 | 136 | | approval by the Governor or upon its becoming law without such approval, and for all other108 |
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137 | 137 | | purposes on January 1, 2026.109 |
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138 | 138 | | H. B. 557 |
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139 | 139 | | - 5 - 25 LC 47 3294 |
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140 | 140 | | SECTION 14. |
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141 | 141 | | 110 |
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142 | 142 | | All laws and parts of laws in conflict with this Act are repealed.111 |
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143 | 143 | | H. B. 557 |
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144 | 144 | | - 6 - |
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