HB722: HB722 Bryan County; State Court; provide for a chief judge and an associate judge

25 LC 62 0117/AP House Bill 722 (AS PASSED HOUSE AND SENATE) By: Representatives Stephens of the 164th, Petrea of the 166th, and Franklin of the 160th A BILL TO BE ENTITLED AN ACT To amend an Act establishing the State Court of Bryan County (formerly the City Court of1 Pembroke), approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess. , p. 714), as amended,2 particularly by an Act approved May 1, 2023 (Ga. L. 2023, p. 3851), so as to establish the3 position of chief judge; to provide for a new part-time associa te judge; to provide for the4 initial appointment of such associate judge by the Governor; to provide for the elections and5 terms of office of the judges of the court; to provide for comp ensation of the judges; to6 provide for an effective date; to provide for related matters; to repeal conflicting laws; and7 for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 An Act establishing the State Court of Bryan County (formerly the City Court of Pembroke),11 approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, particularly by12 an Act approved May 1, 2023 (Ga. L. 2023, p. 3851), is amended by revising Section 1.1 as13 follows:14 H. B. 722 - 1 - 25 LC 62 0117/AP "SECTION 1.1.15 There shall be one full-time chief judge of the State Court of Bryan County, who shall be16 the present judge of said Court at the time of the effective da te of this Act, and one17 associate judge of such court. The chief judge shall serve the remainder of the term of18 office to which he or she was elected. Future successors of the chief judge shall be elected19 at the general election conducted immediately prior to the expiration of the term of office,20 and they shall take office on the first day of January following their election and serve for21 a term of office of four years and until their successors are duly elected and qualified. Said22 chief judge shall have and may exercise all powers, duties, jur isdictions, privileges, and23 immunities of the present judge of the State Court of Bryan Cou nty and shall serve in a24 full-time capacity as permitted by O.C.G.A. Section 15-7-20. T he compensation of the25 chief judge shall be set by local act of the governing authority of Bryan County. The chief26 judge of the state court shall receive all legally required benefits. The governing authority27 of Bryan County may supplement such judge's salary. All of the expenditures authorized28 herein are declared to be an expense of court and payable out o f the county treasury as29 such."30 SECTION 2.31 Said Act is further amended by revising Section 1.2 as follows:32 "SECTION 1.2.33 The new position of associate judge of the state court shall be a part-time position, and such34 judge shall not be permitted to engage in the practice of law i n the State Court of Bryan35 County. The associate judge as provided by this Act shall be appointed by the Governor36 for a term beginning January 1, 2026, and expiring December 31, 2028, and until a37 successor is elected and qualified. A successor to the associa te judge shall be elected in38 the manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated39 H. B. 722 - 2 - 25 LC 62 0117/AP for the election of judges of the state courts in 2028 for a term of four years beginning on40 January 1, 2029, and until the election and qualification of a successor. The associate41 judge shall take office on the first day of January following t he date of election. Said42 associate judge shall have and may exercise all powers, duties, jurisdictions, privileges, and43 immunities of the present judge of the State Court of Bryan County. The compensation of44 the associate judge shall be set by local act of the governing authority of Bryan County. 45 The associate judge of the state court shall receive all legall y required benefits. The46 governing authority of Bryan County may supplement such judge's salary. All of the47 expenditures authorized herein are declared to be an expense of court and payable out of48 the county treasury as such."49 SECTION 3.50 Said Act is further amended by adding a new section to read as follows:51 "SECTION 1.3.52 Each judge of the State Court of Bryan County shall have such qualifications and shall be53 subject to such restrictions and discipline as provided in Chap ter 7 of Title 15 of the54 Official Code of Georgia Annotated."55 SECTION 4.56 Said Act is further amended by adding a new section to read as follows:57 "SECTION 1.4.58 The full-time judge of the State Court of Bryan County shall be the chief judge of said59 court. The chief judge shall have responsibility for the administration of the operations of60 the State Court of Bryan County, including, but not limited to, budgeting, scheduling, and61 the policies, rules, and standing orders of the State Court of Bryan County."62 H. B. 722 - 3 - 25 LC 62 0117/AP SECTION 5.63 This Act shall become effective upon its approval by the Governor or upon its becoming law64 without such approval.65 SECTION 6.66 All laws and parts of laws in conflict with this Act are repealed.67 H. B. 722 - 4 -