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