Georgia 2025-2026 Regular Session

Georgia Senate Bill SB88 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 ~~SB 88/AP~~
	1	+	25 LC 62 0106S (SCS)
2	2		Senate Bill 88
3	3		By: Senators Bearden of the 30th and James of the 28th
4		-	AS PASSED
	4	+	AS PASSED SENATE
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
8	8		1
9	9		number of judges of superior courts, so as to provide for a fourth judge of the superior courts2
10	10		of the Douglas Judicial Circuit; to provide for the appointment of such additional judge by3
11	11		the Governor; to provide for the election of successors to the judge initially appointed; to4
12	12		prescribe the powers of such judge; to prescribe the compensation, salary, and expense5
13	13		allowance of such judge to be paid by the State of Georgia and the counties comprising said6
14	14		circuit; to authorize the judges of such circuit to divide and allocate the work and duties7
15	15		thereof; to provide for the manner of impaneling jurors; to provide for an additional court8
16	16		reporter for such circuit; to authorize the governing authority of the counties comprising the9
17	17		Douglas Judicial Circuit to provide facilities, office space, supplies, equipment, and10
18	18		personnel for such judges; to declare inherent authority; to provide for related matters; to11
19	19		repeal conflicting laws; and for other purposes.12
20	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
21	21		SECTION 1.14
22	22		Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of15
23	23		judges of superior courts, is amended by revising paragraph (15.1) as follows:16
24	24		S. B. 88
25		-	- 1 - 25 ~~SB 88/AP~~
	25	+	- 1 - 25 LC 62 0106S (SCS)
26	26		"(15.1) Douglas Circuit...............................................3 4"17
27	27		SECTION 2.18
28	28		One additional judge of the superior courts is added to the Douglas Judicial Circuit, thereby19
29	29		increasing to four the number of judges of said circuit.20
30	30		SECTION 3.21
31	31		Said additional judge shall be appointed by the Governor for a term beginning22
32	32		January 1, 2026, and continuing through December 31, 2028, and until his or her successor23
33	33		is elected and qualified. His or her successor shall be elected in the manner provided by law24
34	34		for the election of judges of the superior courts of this state at the nonpartisan judicial25
35	35		election in 2028 for a term of four years beginning on January 1, 2029, and until his or her26
36	36		successor is elected and qualified. Future successors shall be elected at the nonpartisan27
37	37		judicial election every four years thereafter for terms of four years and until their successors28
38	38		are elected and qualified. The newly elected and qualified judge shall take office on the first29
39	39		day of January following the date of the election.30
40	40		SECTION 4.31
41	41		The additional judge of the superior courts of the Douglas Judicial Circuit shall have and32
42	42		may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the33
43	43		present judges of the superior courts of this state. Any judge of the Douglas Judicial Circuit34
44	44		may preside over any cause, whether in their own or in other circuits, and perform any35
45	45		official act as judge thereof, including sitting on appellate courts as provided by law.36
46	46		SECTION 5.37
47	47		The qualifications of such additional judge and his or her successors shall be the same as are38
48	48		now provided by law for all other superior court judges, and his or her compensation, salary,39
49	49		S. B. 88
50		-	- 2 - 25 ~~SB 88/AP~~
	50	+	- 2 - 25 LC 62 0106S (SCS)
51	51		and expense allowance from the State of Georgia and from the counties comprising the
52	52		40
53	53		Douglas Judicial Circuit shall be the same as are now provided by law for the other superior41
54	54		court judges of such circuit. The provisions, if any, enacted for the supplementation by the42
55	55		counties of such circuit of the salary of the judges of the superior courts of the Douglas43
56	56		Judicial Circuit shall also be applicable to the additional judge provided for by this Act.44
57	57		SECTION 6.45
58	58		All writs and processes in the superior courts of the Douglas Judicial Circuit shall be46
59	59		returnable to the terms of such superior courts as they are now fixed and provided by law,47
60	60		or as they may hereafter be fixed or determined by law, and all terms of such courts shall be48
61	61		held in the same manner as though there were but one judge, it being the intent and purpose49
62	62		of this Act to provide four judges equal in jurisdiction and authority to attend and perform50
63	63		the functions, powers, and duties of the judges of such superior courts and to direct and51
64	64		conduct all hearings and trials in such courts.52
65	65		SECTION 7.53
66	66		Upon and after qualification of the additional judge of the superior courts of the Douglas54
67	67		Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such55
68	68		rules of practice and procedure in consonance with the Constitution and laws of the State of56
69	69		Georgia as they deem suitable and proper for the effective transaction of the business of the57
70	70		court; and, in transacting the business of the court and in performing their duties and58
71	71		responsibilities, they shall share, divide, and allocate the work and duties to be performed by59
72	72		each. In the event of a disagreement among the judges in respect hereof, the decision of a60
73	73		majority shall control, or, in the absence of a majority, the decision of the chief judge shall61
74	74		be controlling. The judges of the superior courts of the Douglas Judicial Circuit shall have62
75	75		and are clothed with full power, authority, and discretion to determine from time to time and63
76	76		term to term the manner of calling the dockets, fixing the calendars, and order of business64
77	77		S. B. 88
78		-	- 3 - 25 ~~SB 88/AP~~
	78	+	- 3 - 25 LC 62 0106S (SCS)
79	79		in such courts. They may assign to one such judge the hearing of trials by jury for a term and
80	80		65
81	81		the hearing of all other matters not requiring a trial by jury to the other judges, and they may66
82	82		rotate such order of business at the next term. They may conduct trials by jury at the same67
83	83		time in the same county or otherwise within such circuit, or they may hear chambers business68
84	84		and motion business at the same time at any place within such circuit. They may provide in69
85	85		all respects for holding the superior courts of such circuit so as to facilitate the hearing and70
86	86		determination of all the business of such courts at any time pending and ready for trial or71
87	87		hearing. In all such matters relating to the fixing, arranging for, and disposing of the72
88	88		business of such courts and making appointments as authorized by law where the judges73
89	89		thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for74
90	90		in this Act shall control.75
91	91		SECTION 8.76
92	92		The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted77
93	93		by any of the judges of the superior courts of such circuit; and they, or any one such judge,78
94	94		shall have full power and authority to draw and impanel jurors for service in such courts so79
95	95		as to have jurors for the trial of cases before any such judges separately or before each of80
96	96		them at the same time.81
97	97		SECTION 9.82
98	98		The judges of the superior courts of the Douglas Judicial Circuit shall be authorized and83
99	99		empowered to appoint an additional court reporter for such circuit, whose compensation shall84
100	100		be as now or hereafter provided by law.85
101	101		SECTION 10.86
102	102		All writs, processes, orders, subpoenas, and any other official paper issuing out of the87
103	103		superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the88
104	104		S. B. 88
105		-	- 4 - 25 ~~SB 88/AP~~
	105	+	- 4 - 25 LC 62 0106S (SCS)
106	106		Douglas Judicial Circuit and, when issued by and in the name of any judge of such circuit,
107	107		89
108	108		shall be fully valid and may be heard and determined before the same or any other judge of90
109	109		such circuit. Any judge of such circuit may preside over any case therein and perform any91
110	110		official act as judge thereof.92
111	111		SECTION 11.93
112	112		Upon request of any judge of the circuit, the governing authorities of the counties comprising94
113	113		the Douglas Judicial Circuit shall be authorized to furnish the judges of such circuit with95
114	114		suitable courtrooms and facilities, office space, telephones, furniture, office equipment,96
115	115		supplies, and such personnel as may be considered necessary by the court to the proper97
116	116		functioning of the court. All of the expenditures authorized in this Act are declared to be an98
117	117		expense of the court and payable out of the county treasury as such.99
118	118		SECTION 12.100
119	119		Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and101
120	120		responsibilities of superior court judges provided by the Constitution and statutes of the State102
121	121		of Georgia.103
122	122		SECTION 13.104
123	123		All laws and parts of laws in conflict with this Act are repealed.105
124	124		S. B. 88
125	125		- 5 -