Georgia 2025-2026 Regular Session

Georgia House Bill HB93 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 44 2916
2	2	House Bill 93
3	3	By: Representative Smith of the 18
4	4	th
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
9	9	1
10	10	number of judges of superior courts, so as to provide for an additional judge of the superior2
11	11	courts of the Tallapoosa Judicial Circuit; to provide for the appointment and term of such3
12	12	additional judge by the Governor; to provide for the election and terms of successors to the4
13	13	judge initially appointed; to require candidates for such judgeships to designate the seat for5
14	14	which they are running; to prescribe the powers of such judge; to prescribe the compensation,6
15	15	salary, and expense allowance of such judge to be paid by the State of Georgia and the7
16	16	counties included in such circuit; to authorize the judges of such circuit to divide and allocate8
17	17	the work and duties thereof; to provide for the designation of a chief judge; to provide for the9
18	18	manner of impaneling jurors; to provide for an additional court reporter for such circuit; to10
19	19	authorize the governing authority of the counties included in such circuit to provide facilities,11
20	20	office space, supplies, equipment, and personnel for such judges; to declare inherent12
21	21	authority; to provide for related matters; to provide for effective dates; to repeal conflicting13
22	22	laws; and for other purposes.14
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
24	24	H. B. 93
25	25	- 1 - 25 LC 44 2916
26	26	SECTION 1.
27	27	16
28	28	Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of17
29	29	judges of superior courts, is amended by revising paragraph (38) as follows:18
30	30	"(38) Tallapoosa Circuit.............................................2
31	31	3"19
32	32	SECTION 2.20
33	33	The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in21
34	34	this Act shall be appointed by the Governor for a term beginning July 1, 2025, and expiring22
35	35	December 31, 2026, and until a successor is elected and qualified. At the nonpartisan23
36	36	judicial election to be held in 2026, there shall be elected a successor to such additional judge24
37	37	appointed as provided for in this section, and he or she shall take office on the first day of25
38	38	January, 2027, and serve for a term of office of four years and until a successor is duly26
39	39	elected and qualified. All subsequent successors to such judge shall be elected at the27
40	40	nonpartisan judicial election conducted in the year in which the term of office of such judge28
41	41	shall expire and serve for a term of four years and until his or her successor is duly elected29
42	42	and qualified. Such judges shall take office on the first day of January following the date of30
43	43	their election. Such elections shall be held and conducted as is now or may hereafter be31
44	44	provided by law for the election of judges of the superior courts of the State of Georgia.32
45	45	SECTION 3.33
46	46	Each person who offers for election as one of the judges of the superior courts of the34
47	47	Tallapoosa Judicial Circuit shall designate with the proper authority in all general elections35
48	48	the specific seat for which such person offers by naming the incumbent judge whom he or36
49	49	she desires to succeed and thereupon such person shall be permitted, if otherwise qualified,37
50	50	to run for such designated judgeship and no other. In the event that there is no incumbent38
51	51	judge in the seat for which such person desires to offer, the person shall qualify by39
52	52	announcing his or her intention to run for the office for which there is no incumbent.40
53	53	H. B. 93
54	54	- 2 - 25 LC 44 2916
55	55	SECTION 4.
56	56	41
57	57	The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in42
58	58	this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and43
59	59	immunities of the present judges of the superior courts of this state. Any of the judges of the44
60	60	Tallapoosa Judicial Circuit may preside over any cause, whether in their own or in other45
61	61	circuits, and perform any official act as judge thereof, including sitting on appellate courts46
62	62	as provided by law.47
63	63	SECTION 5.48
64	64	The qualifications of such additional judge and his or her successors shall be the same as are49
65	65	now provided by law for all other superior court judges, and his or her compensation, salary,50
66	66	and expense allowance from the State of Georgia and from the counties comprising such51
67	67	circuit shall be the same as that of other judges of the Tallapoosa Judicial Circuit. The salary52
68	68	supplements enacted by the counties comprising such circuit for the present superior court53
69	69	judges of such circuit shall also be applicable to the additional judge provided by this Act.54
70	70	SECTION 6.55
71	71	All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be56
72	72	returnable to the terms of such superior courts as they are now fixed and provided by law,57
73	73	or as they may hereafter be fixed or determined by law, and all terms of such courts shall be58
74	74	held in the same manner as though there were but one judge, it being the intent and purpose59
75	75	of this Act to provide the judges of such circuit with equal jurisdiction and authority to attend60
76	76	to and perform the functions, powers, and duties of the judges of such superior courts and to61
77	77	direct and conduct all hearings and trials in such courts.62
78	78	H. B. 93
79	79	- 3 - 25 LC 44 2916
80	80	SECTION 7.
81	81	63
82	82	Upon and after qualification of the additional judge of the Tallapoosa Judicial Circuit, the64
83	83	judges of the Tallapoosa Judicial Circuit may adopt, promulgate, amend, and enforce such65
84	84	rules of practice and procedure in consonance with the Constitution and laws of the State of66
85	85	Georgia as they deem suitable and proper for the effective transaction of the business of the67
86	86	courts; and, in transacting the business of the courts and in performing their duties and68
87	87	responsibilities, the judges shall share, divide, and allocate the work and duties to be69
88	88	performed by each. In the event of a disagreement among the judges in respect hereof, the70
89	89	majority shall rule, or failing a majority, the decision of the senior judge in point of service,71
90	90	who shall be known as the chief judge, shall be controlling.72
91	91	SECTION 8.73
92	92	The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted74
93	93	by any of the judges of the superior courts of such circuit; and such judges, collectively or75
94	94	individually, shall have full power and authority to draw and impanel jurors for service in76
95	95	such courts so as to have jurors for the trial of cases before any of such judges separately or77
96	96	before each of them at the same time.78
97	97	SECTION 9.79
98	98	The judges of the Tallapoosa Judicial Circuit shall be authorized and empowered to employ80
99	99	an additional court reporter for such circuit whose compensation shall be as now or hereafter81
100	100	provided by law.82
101	101	SECTION 10.83
102	102	All writs, processes, orders, subpoenas, and any other official paper issuing out of the84
103	103	superior courts of the Tallapoosa Judicial Circuit may bear teste in the name of any judge of85
104	104	such circuit and, when issued by and in the name of any judge of such circuit, shall be fully86
105	105	H. B. 93
106	106	- 4 - 25 LC 44 2916
107	107	valid and may be held and determined before the same or any other judge of such circuit.
108	108	87
109	109	Any judge of such courts may preside over any cause therein and perform any official act as88
110	110	judge thereof.89
111	111	SECTION 11.90
112	112	The governing authorities of the counties comprising the Tallapoosa Judicial Circuit shall91
113	113	provide the judges of such circuit with suitable courtrooms and facilities, office space,92
114	114	telephones, furniture, office equipment, supplies, and such personnel as may be considered93
115	115	necessary to the proper functioning of the courts. All of the expenditures authorized in this94
116	116	Act are declared to be an expense of the superior court for which such expenditure was95
117	117	authorized and shall be payable out of such court's respective county treasury as such.96
118	118	SECTION 12.97
119	119	Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,98
120	120	duties, and responsibilities of superior court judges provided by the Constitution and statutes99
121	121	of the State of Georgia.100
122	122	SECTION 13.101
123	123	This Act shall become effective for the purpose of appointing the additional judge upon its102
124	124	approval by the Governor or upon its becoming law without such approval and for all other103
125	125	purposes on July 1, 2025.104
126	126	SECTION 14.105
127	127	All laws and parts of laws in conflict with this Act are repealed.106
128	128	H. B. 93
129	129	- 5 -