HB304: HB304 Local government; Georgia Municipal Court Clerks' Council; create

26 HB 304/AP House Bill 304 (AS PASSED HOUSE AND SENATE) By: Representatives Yearta of the 152nd, Gullett of the 19th, Gunter of the 8th, Kelley of the 16th, Reeves of the 99th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to1 municipal courts, so as to provide for the office of senior municipal court judge; to provide2 for qualifications, application and approval procedures, and amenities and privileges of such3 judges; to preserve local actions establishing senior judges for particular municipal courts;4 to create the Georgia Municipal Court Clerks' Council; to provide for definitions; to provide5 for the membership, powers, and duties of the council; to provide for funding of the council;6 to provide for the status of the council and its members; to pr ovide for related matters; to7 repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 32 of Title 36 of the Official Code of Georgia Annotate d, relating to municipal11 courts, is amended in Code Section 36-32-40, relating to creation of council, membership and12 organization, purpose, expenses, contracts, assistance to council, members not ineligible to13 hold office of judge and notifications, by revising subsection (a) as follows:14 "(a) There is created a council of municipal court judges to be known as the 'Council of15 Municipal Court Judges of Georgia.' The council shall be composed of the judges of the16 H. B. 304 - 1 - 26 HB 304/AP municipal courts of this state together with the senior municipal court judges of this state17 as provided for in Code Section 36-32-42. The council is authorized to organize itself and18 to develop a constitution and bylaws. The officers of said cou ncil shall consist of a19 president, a first vice president, a second vice president, a secretary, a treasurer, and such20 other officers as the council shall deem necessary. The counci l shall have an executive21 committee composed of two representatives from each judicial administrative district."22 SECTION 2.23 Said chapter is further amended by adding a new Code section to read as follows:24 "36-32-42.25 (a) There is created the office of senior municipal court judg e of this state. Any former26 judge of a municipal court of this state or any former judge of a court of this state27 exercising municipal court jurisdiction may apply to become a senior municipal court judge28 if such former judge is no longer serving as a municipal court judge and had previously29 served in such capacity for an aggregate period of not less than ten years. The president30 of the Council of Municipal Court Judges, shall prescribe the form for such applications,31 review applications, and notify applicants as to whether or not he or she will be appointed32 as a senior municipal court judge. The approval or denial of an application shall be made33 within 30 days of the submission of such application.34 (b)(1) A senior municipal court judge appointed pursuant to subsection (a) of this Code35 section shall:36 (A) Comply with the mandatory training required by subsection (c) of Code Section37 36-32-27 in order to maintain the status as a certified municip al court judge or a38 certified judge of a court exercising municipal court jurisdiction;39 (B) Be licensed to practice law in the State of Georgia; and40 (C) Be an active member in good standing of the State Bar of Georgia.41 H. B. 304 - 2 - 26 HB 304/AP (2) Any former municipal court judge who is not licensed to pr actice law in this state42 may apply for senior municipal court judge status if such former judge otherwise meets43 the qualifications required by Code Section 36-32-1.1.44 (c) A senior municipal court judge shall not be required to pay any support or registration45 fees related to the mandatory training required by subparagraph (b)(1)(A) of this Code46 section, but such judge shall be responsible for all other costs attendant to said mandatory47 training.48 (d) Senior municipal court judges shall enjoy all of the amenities and privileges of judges49 of other classes of courts of this state that are otherwise accorded to municipal court judges. 50 Senior municipal court judges shall not be required to sit as a judge in any court or be51 required to comply with the requirements of subsection (b) of t his Code section in order52 to enjoy the amenities and privileges accorded pursuant to this Code section.53 (e) This Code section shall not supersede any local law, Act, ordinance, resolution, or54 other official action by a municipality establishing the office of senior judge of a particular55 municipal court."56 SECTION 3.57 Said chapter is further amended by adding a new article to read as follows:58 "ARTICLE 459 36-32-50.60 (a) As used in this Code section, the term:61 (1) 'Council' means the Georgia Municipal Court Clerks' Council.62 (2) 'Municipal court staff' means the primary person most dire ctly responsible for the63 administration of a municipal court, other than a judge of the municipal court, and his or64 her support staff.65 H. B. 304 - 3 - 26 HB 304/AP (b) There is created the Georgia Municipal Court Clerks' Counc il. The council shall be66 composed of the municipal court staff of all municipal courts within this state. The council67 is authorized to organize itself and to develop a constitution and bylaws. The council is68 authorized to elect such officers, including an executive commi ttee, as it shall deem69 advisable to carry out its duties and responsibilities. The council is authorized to appoint70 advisory committees and establish the membership and duties thereof. In addition to the71 members of the council, the council is authorized to provide fo r special classes of72 nonvoting memberships for honorary members and those persons who have retired from73 positions involving the administration and management of municipal courts.74 (c) It shall be the purpose of the council to effectuate the responsibilities conferred upon75 it by law, to further the improvement of the municipal courts a nd the administration of76 justice, to assist the municipal court staff throughout the sta te in the execution of their77 duties, and to promote and assist in the training of municipal court staff.78 (d) Expenses of the administration of the council shall be pai d from state funds79 appropriated for such purpose and from other appropriate sources.80 (e) The council shall be a legal entity and an agency of the S tate of Georgia; shall have81 perpetual existence; may contract; may own property; may accept funds, grants, and gifts82 from any public or private source for use in defraying the expe nses of the council; may83 adopt and use an official seal; may establish a principal offic e; may employ such84 administrative or clerical personnel as may be necessary and ap propriate to fulfill its85 necessary duties; and shall have other powers, privileges, and duties as may be reasonable86 and necessary for the proper fulfillment of its purposes and duties.87 (f) A member of the council shall not be ineligible to hold th e office of municipal court88 staff by virtue of his or her position as a member of the counc il and membership in the89 council shall not constitute the holding of a public office."90 H. B. 304 - 4 - 26 HB 304/AP SECTION 4.91 All laws and parts of laws in conflict with this Act are repealed.92 H. B. 304 - 5 -