Georgia 2025-2026 Regular Session

Georgia House Bill HB557 Compare Versions

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11 25 LC 47 3294
22 House Bill 557
33 By: Representatives Hawkins of the 27
44 th
55 , Cox of the 28
66 th
77 , Clark of the 100
88 th
99 , Dunahoo of the
1010 31
1111 st
1212 , McCollum of the 30
1313 th
1414 , and others
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 Northeastern Judicial Circuit; to provide for the appointment of such additional judge3
2121 by 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 Northeastern 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 (26) as follows:16
3434 H. B. 557
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3636 "(26) Northeastern Circuit ............................................5 6"17
3737 SECTION 2.18
3838 One additional judge of the superior courts is added to the Northeastern Judicial Circuit,19
3939 thereby 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 Northeastern 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 Northeastern Judicial34
5454 Circuit may preside over any cause, whether in their own or in other circuits, and perform35
5555 any 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. 557
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6161 and expense allowance from the State of Georgia and from the counties comprising the
6262 40
6363 Northeastern Judicial Circuit shall be the same as are now provided by law for the other41
6464 superior court judges of such circuit. The provisions, if any, enacted for the supplementation42
6565 by the counties of such circuit of the salary of the judges of the superior courts of the43
6666 Northeastern Judicial Circuit shall also be applicable to the additional judge provided for by44
6767 this Act.45
6868 SECTION 6.46
6969 All writs and processes in the superior courts of the Northeastern Judicial Circuit shall be47
7070 returnable to the terms of such superior courts as they are now fixed and provided by law,48
7171 or as they may hereafter be fixed or determined by law, and all terms of such courts shall be49
7272 held in the same manner as though there were but one judge, it being the intent and purpose50
7373 of this Act to provide six judges equal in jurisdiction and authority to attend and perform the51
7474 functions, powers, and duties of the judges of such superior courts and to direct and conduct52
7575 all hearings and trials in such courts.53
7676 SECTION 7.54
7777 Upon and after qualification of the additional judge of the superior courts of the Northeastern55
7878 Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such56
7979 rules of practice and procedure in consonance with the Constitution and laws of the State of57
8080 Georgia as they deem suitable and proper for the effective transaction of the business of the58
8181 court; and, in transacting the business of the court and in performing their duties and59
8282 responsibilities, they shall share, divide, and allocate the work and duties to be performed by60
8383 each. In the event of a disagreement among the judges in respect hereof, the decision of a61
8484 majority shall control, or, in the absence of a majority, the decision of the chief judge shall62
8585 be controlling. The judges of the superior courts of the Northeastern Judicial Circuit shall63
8686 have and are clothed with full power, authority, and discretion to determine from time to time64
8787 H. B. 557
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8989 and term to term the manner of calling the dockets, fixing the calendars, and order of
9090 65
9191 business in such courts. They may assign to one such judge the hearing of trials by jury for66
9292 a term and the hearing of all other matters not requiring a trial by jury to the other judges, and67
9393 they may rotate such order of business at the next term. They may conduct trials by jury at68
9494 the same time in the same county or otherwise within such circuit, or they may hear69
9595 chambers business and motion business at the same time at any place within such circuit. 70
9696 They may provide in all respects for holding the superior courts of such circuit so as to71
9797 facilitate the hearing and determination of all the business of such courts at any time pending72
9898 and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and73
9999 disposing of the business of such courts and making appointments as authorized by law74
100100 where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge75
101101 as provided for in this Act shall control.76
102102 SECTION 8.77
103103 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted78
104104 by any of the judges of the superior courts of such circuit; and they, or any one such judge,79
105105 shall have full power and authority to draw and impanel jurors for service in such courts so80
106106 as to have jurors for the trial of cases before any such judges separately or before each of81
107107 them at the same time.82
108108 SECTION 9.83
109109 The judges of the superior courts of the Northeastern Judicial Circuit shall be authorized and84
110110 empowered to appoint an additional court reporter for such circuit, whose compensation shall85
111111 be as now or hereafter provided by law.86
112112 H. B. 557
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114114 SECTION 10.
115115 87
116116 All writs, processes, orders, subpoenas, and any other official paper issuing out of the88
117117 superior courts of the Northeastern Judicial Circuit may bear teste in the name of any judge89
118118 of the Northeastern Judicial Circuit and, when issued by and in the name of any judge of such90
119119 circuit, shall be fully valid and may be heard and determined before the same or any other91
120120 judge of such circuit. Any judge of such circuit may preside over any case therein and92
121121 perform any official act as judge thereof.93
122122 SECTION 11.94
123123 Upon request of any judge of the circuit, the governing authorities of the counties comprising95
124124 the Northeastern Judicial Circuit shall be authorized to furnish the judges of such circuit with96
125125 suitable courtrooms and facilities, office space, telephones, furniture, office equipment,97
126126 supplies, and such personnel as may be considered necessary by the court to the proper98
127127 functioning of the court. All of the expenditures authorized in this Act are declared to be an99
128128 expense of the court and payable out of the county treasury as such.100
129129 SECTION 12.101
130130 Except as expressly stated, nothing in this Act shall be construed to alter or repeal any102
131131 provision of any local Act relating to the Northeastern Judicial Circuit. Nothing in this Act103
132132 shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of104
133133 superior court judges provided by the Constitution and statutes of the State of Georgia.105
134134 SECTION 13.106
135135 This Act shall become effective for the purposes of appointing the additional judge upon its107
136136 approval by the Governor or upon its becoming law without such approval, and for all other108
137137 purposes on January 1, 2026.109
138138 H. B. 557
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140140 SECTION 14.
141141 110
142142 All laws and parts of laws in conflict with this Act are repealed.111
143143 H. B. 557
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