Georgia 2025-2026 Regular Session

Georgia Senate Bill SB327 Compare Versions

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

Old	New	Differences
1	1	25 LC 47 3530
2	2	Senate Bill 327
3	3	By: Senators Parent of the 44th, Davenport of the 17th and Wicks of the 34th
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
7	7	1
8	8	number of judges of superior courts, so as to provide for a sixth judge of the superior courts2
9	9	of the Clayton Judicial Circuit; to provide for the appointment of such additional judge by3
10	10	the Governor; to provide for the election of successors to the judge initially appointed; to4
11	11	prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
12	12	allowance of such judge to be paid by the State of Georgia and the counties comprising said6
13	13	circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
14	14	thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
15	15	reporter for such circuit; to authorize the governing authority of the counties comprising the9
16	16	Clayton Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel10
17	17	for such judges; to declare inherent authority; to provide for related matters; to provide for11
18	18	effective dates; to repeal conflicting laws; and for other purposes.12
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
20	20	S. B. 327
21	21	- 1 - 25 LC 47 3530
22	22	SECTION 1.
23	23	14
24	24	Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
25	25	judges of superior courts, is amended by revising paragraph (5) as follows:16
26	26	"(10) Clayton Circuit................................................5
27	27	6"17
28	28	SECTION 2.18
29	29	One additional judge of the superior courts is added to the Clayton Judicial Circuit, thereby19
30	30	increasing to six the number of judges of said circuit.20
31	31	SECTION 3.21
32	32	Said additional judge shall be appointed by the Governor for a term beginning22
33	33	January 1, 2026, and continuing through December 31, 2028, and until his or her successor23
34	34	is elected and qualified. His or her successor shall be elected in the manner provided by law24
35	35	for the election of judges of the superior courts of this state at the nonpartisan judicial25
36	36	election in 2028 for a term of four years beginning on January 1, 2029, and until his or her26
37	37	successor is elected and qualified. Future successors shall be elected at the nonpartisan27
38	38	judicial election every four years thereafter for terms of four years and until their successors28
39	39	are elected and qualified. The newly elected and qualified judge shall take office on the first29
40	40	day of January following the date of the election.30
41	41	SECTION 4.31
42	42	The additional judge of the superior courts of the Clayton Judicial Circuit shall have and may32
43	43	exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present33
44	44	judges of the superior courts of this state. Any judge of the Clayton Judicial Circuit may34
45	45	preside over any cause, whether in their own or in other circuits, and perform any official act35
46	46	as judge thereof, including sitting on appellate courts as provided by law.36
47	47	S. B. 327
48	48	- 2 - 25 LC 47 3530
49	49	SECTION 5.
50	50	37
51	51	The qualifications of such additional judge and his or her successors shall be the same as are38
52	52	now provided by law for all other superior court judges, and his or her compensation, salary,39
53	53	and expense allowance from the State of Georgia and from the counties comprising the40
54	54	Clayton Judicial Circuit shall be the same as are now provided by law for the other superior41
55	55	court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
56	56	counties of such circuit of the salary of the judges of the superior courts of the Clayton43
57	57	Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44
58	58	SECTION 6.45
59	59	All writs and processes in the superior courts of the Clayton Judicial Circuit shall be46
60	60	returnable to the terms of such superior courts as they are now fixed and provided by law,47
61	61	or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48
62	62	held in the same manner as though there were but one judge, it being the intent and purpose49
63	63	of this Act to provide six judges equal in jurisdiction and authority to attend and perform the50
64	64	functions, powers, and duties of the judges of such superior courts and to direct and conduct51
65	65	all hearings and trials in such courts.52
66	66	SECTION 7.53
67	67	Upon and after qualification of the additional judge of the superior courts of the Clayton54
68	68	Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such55
69	69	rules of practice and procedure in consonance with the Constitution and laws of the State of56
70	70	Georgia as they deem suitable and proper for the effective transaction of the business of the57
71	71	court; and, in transacting the business of the court and in performing their duties and58
72	72	responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
73	73	each. In the event of a disagreement among the judges in respect hereof, the decision of a60
74	74	majority shall control, or, in the absence of a majority, the decision of the chief judge shall61
75	75	S. B. 327
76	76	- 3 - 25 LC 47 3530
77	77	be controlling. The judges of the superior courts of the Clayton Judicial Circuit shall have
78	78	62
79	79	and are clothed with full power, authority, and discretion to determine from time to time and63
80	80	term to term the manner of calling the dockets, fixing the calendars, and order of business64
81	81	in such courts. They may assign to one such judge the hearing of trials by jury for a term and65
82	82	the hearing of all other matters not requiring a trial by jury to the other judges, and they may66
83	83	rotate such order of business at the next term. They may conduct trials by jury at the same67
84	84	time in the same county or otherwise within such circuit, or they may hear chambers business68
85	85	and motion business at the same time at any place within such circuit. They may provide in69
86	86	all respects for holding the superior courts of such circuit so as to facilitate the hearing and70
87	87	determination of all the business of such courts at any time pending and ready for trial or71
88	88	hearing. In all such matters relating to the fixing, arranging for, and disposing of the72
89	89	business of such courts and making appointments as authorized by law where the judges73
90	90	thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for74
91	91	in this Act shall control.75
92	92	SECTION 8.76
93	93	The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77
94	94	by any of the judges of the superior courts of such circuit; and they, or any one such judge,78
95	95	shall have full power and authority to draw and impanel jurors for service in such courts so79
96	96	as to have jurors for the trial of cases before any such judges separately or before each of80
97	97	them at the same time.81
98	98	SECTION 9.82
99	99	The judges of the superior courts of the Clayton Judicial Circuit shall be authorized and83
100	100	empowered to appoint an additional court reporter for such circuit, whose compensation shall84
101	101	be as now or hereafter provided by law.85
102	102	S. B. 327
103	103	- 4 - 25 LC 47 3530
104	104	SECTION 10.
105	105	86
106	106	All writs, processes, orders, subpoenas, and any other official paper issuing out of the87
107	107	superior courts of the Clayton Judicial Circuit may bear teste in the name of any judge of the88
108	108	Clayton Judicial Circuit and, when issued by and in the name of any judge of such circuit,89
109	109	shall be fully valid and may be heard and determined before the same or any other judge of90
110	110	such circuit. Any judge of such circuit may preside over any case therein and perform any91
111	111	official act as judge thereof.92
112	112	SECTION 11.93
113	113	Upon request of any judge of the circuit, the governing authorities of the counties comprising94
114	114	the Clayton Judicial Circuit shall be authorized to furnish the judges of such circuit with95
115	115	suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96
116	116	supplies, and such personnel as may be considered necessary by the court to the proper97
117	117	functioning of the court. All of the expenditures authorized in this Act are declared to be an98
118	118	expense of the court and payable out of the county treasury as such.99
119	119	SECTION 12.100
120	120	Except as expressly stated, nothing in this Act shall be construed to alter or repeal any101
121	121	provision of any local Act relating to the Clayton Judicial Circuit. Nothing in this Act shall102
122	122	be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior103
123	123	court judges provided by the Constitution and statutes of the State of Georgia.104
124	124	SECTION 13.105
125	125	This Act shall become effective for the purposes of appointing the additional judge upon its106
126	126	approval by the Governor or upon its becoming law without such approval, and for all other107
127	127	purposes on January 1, 2026.108
128	128	S. B. 327
129	129	- 5 - 25 LC 47 3530
130	130	SECTION 14.
131	131	109
132	132	All laws and parts of laws in conflict with this Act are repealed. 110
133	133	S. B. 327
134	134	- 6 -