HB798: HB798 Spalding County; State Court; modernize, update, and readopt provisions

25 LC 47 3517/AP House Bill 798 (AS PASSED HOUSE AND SENATE) By: Representatives Mathiak of the 82nd and Camp of the 135th A BILL TO BE ENTITLED AN ACT To amend an Act establishing the State Court of Spalding County , formerly known as the1 City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so2 as to modernize, update, and readopt provisions governing such court and its judges, clerk,3 solicitor-general, and other personnel; to reauthorize the coll ection of fees; to specify the4 location of the court and provide for facilities therefor; to provide for jurisdiction, powers,5 practice, and procedure; to provide for terms of court; to specify business hours of the court;6 to restate provisions related to juries and jurors; provide for an additional judge for such7 court; to provide for the appointment of such additional judge of such court; to provide for8 the election of successors; to provide for a chief judge; to re vise the compensation of the9 judges; to restate provisions related to the sentence enforceme nt department and10 accountability court; to provide for appeals from such court; t o provide for the review of11 decisions by lower courts; to provide for related matters; to p rovide for effective dates; to12 repeal specific Acts; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 H. B. 798 - 1 - 25 LC 47 3517/AP SECTION 1.15 An Act establishing the State Court of Spalding County, formerly known as the City Court16 of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, is amended by17 repealing all of its existing sections and provisions and replacing them as follows:18 "SECTION 1.19 (a) The State Court of Spalding County, originally established as the City Court of Griffin20 by an Act approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, is continued21 in existence and shall have the power, jurisdiction, and method of procedure as provided22 by Chapter 7 of Title 15 of the O.C.G.A.23 (b) As used in this Act, the term 'State Court' means the State Court of Spalding County.24 SECTION 2.25 The State Court of Spalding County shall be located in the county site of Spalding County26 in facilities provided by the governing authority of Spalding County.27 SECTION 3.28 The State Court of Spalding County shall have such rules of pra ctice and procedure as29 provided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme30 Court of Georgia.31 SECTION 4.32 The State Court of Spalding County shall have identical terms t o the Spalding County33 Superior Court as stated in Code Section 15-6-3 of the O.C.G.A. in the county site of34 Spalding County and such terms remain open for the transaction of business until the next35 succeeding term. If the date fixed for the convening of any te rm is a legal holiday, then36 that term shall begin on the next day thereafter which is not a legal holiday. Said court37 H. B. 798 - 2 - 25 LC 47 3517/AP shall at all times be open for the purpose of receiving pleas in criminal cases and passing38 sentence thereon and for the transaction of civil business before the court.39 SECTION 5.40 The clerk of the State Court shall be required to keep his or her office open the same hours41 for business as the Clerk of the Superior Court of Spalding County.42 SECTION 6.43 (a) The clerk of the State Court shall be entitled to charge and collect the same fees as the44 Clerk of the Superior Court of Spalding County is entitled to c harge and collect for the45 same or similar services pursuant to state law. All such fees shall be paid into the county46 treasury, except those sums which are directed by law to be paid otherwise.47 (b) The clerk of the State Court shall be entitled to charge and collect a technology fee to48 be set by the chief judge of the State Court in an amount not to exceed $5.00 for the filing49 of each civil action and not to exceed $5.00 as a surcharge for each fine assessed by the50 State Court. Technology fees shall be used to provide for the t echnological needs of the51 court at the direction of the chief judge. Such uses shall include the following:52 (1) Computer hardware and software purchases;53 (2) Lease, maintenance, and installation of computer hardware and software, including54 the cost of training court personnel to use said hardware and software; 55 (3) Purchase, lease, maintenance, and installation of technolo gies, including, but not56 limited to, technologies related to imaging, scanning, cellular , facsimile, teletype,57 bluetooth, communication, projection, printing, audio-visual, t elephonic, and other58 electronic equipment and technology purchases; and59 (4) Any items for supporting the above referenced items. The funds collected pursuant60 to this subsection shall be maintained in a segregated fund by the clerk of the State Court61 H. B. 798 - 3 - 25 LC 47 3517/AP and titled 'State Court Technology Fund' and shall be used only for the purposes62 authorized in this subsection at the direction of the chief judge of the State Court.63 SECTION 7.64 All prosecutions in criminal cases instituted in the State Court of Spalding County shall be65 by written accusation, uniform traffic citation, or summons as provided for by Code66 Section 17-7-71 of the O.C.G.A.67 SECTION 8.68 Any cases tried in the State Court of Spalding County shall be subject to review by the69 Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the70 same manner and under the same rules of appellate procedure as apply to cases in the71 Superior Court of Spalding County.72 SECTION 9.73 (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State74 Court of Spalding County under procedures established by the judges and as prescribed by75 state law. Jurors in said State Court shall receive the same pe r diem compensation for76 service therein as in the Superior Court of Spalding County and shall be paid by Spalding77 County in the same manner and out of like funds as jurors are paid in the Superior Court78 of Spalding County unless ordered otherwise by the chief judge of the State Court.79 (b) For the trial of any case in the State Court of Spalding C ounty requiring the use of80 jurors, a jury pool is created. Jurors may be selected as prescribed by law by judges of the81 State Court of Spalding County to appear to be sworn and serve as jurors before either82 court.83 (c) The jury for the trial of all civil cases tried in the State Court of Spalding County shall84 be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A.85 H. B. 798 - 4 - 25 LC 47 3517/AP Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 1286 of Title 15 of the O.C.G.A.87 (d) The jury for the trial of all criminal cases tried in the State Court of Spalding County88 shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the89 O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed90 in Chapter 12 of Title 15 of the O.C.G.A.91 SECTION 10.92 (a) Until January 1, 2026, there shall be one judge of the State Court of Spalding County.93 The judge of the State Court in office immediately preceding the date upon which this Act94 becomes effective shall continue to serve the term of office to which he or she was elected,95 which shall expire December 31, 2028, and upon the election and qualification of his or her96 successor. For the four-year term commencing January 1, 2029, the position shall be on97 the ballot for nonpartisan election to be held and conducted jointly with the general primary98 in 2028 and quadrennially thereafter pursuant to Code Section 21-2-138 of the O.C.G.A.,99 and this position shall be referred to as Judicial Post 1.100 (b) As of January 1, 2026, there shall be two judges of the State Court of Spalding County. 101 The second judge shall be added effective January 1, 2026, and shall be appointed by the102 Governor for an initial term of office ending on December 31, 2 028, and until his or her103 successor is elected and qualified. The successor to said judg e shall be elected by the104 qualified voters of Spalding County at a nonpartisan election t o be held and conducted105 jointly with the general primary in 2028 and quadrennially ther eafter pursuant to Code106 Section 21-2-138 of the O.C.G.A., and this position shall be Ju dicial Post 2. The judge107 thus elected to Judicial Post 2 shall serve a term of office of four years and until his or her108 successor is elected and qualified. This position shall be referred to as Judicial Post 2.109 (c) The judges of said court shall have such qualifications an d shall be subject to such110 restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. They shall111 H. B. 798 - 5 - 25 LC 47 3517/AP be vested with all the power and authority of the judges of the state courts by Chapter 7 of112 Title 15 of the O.C.G.A.113 (d) Both the chief judge of the State Court and the associate judge of the State Court shall114 devote their full time to the duties of said office. The chief judge of the State Court shall115 be paid an annual salary equal to 90 percent of the total annual salary of the chief judge of116 the Superior Court of Spalding County, including the base salary and all supplements paid117 to the chief judge of the Superior Court by the counties in the judicial circuit, which118 includes Spalding County. Said salary shall be payable out of the funds of Spalding County119 at the same intervals as are paid to other judges and elected officials. The associate judge120 shall be paid an annual salary of 100 percent of the chief judge.121 (e) There shall be a chief judge of the State Court of Spaldin g County effective122 January 1, 2026, who shall be the judge with the longest continuous service as judge in the123 State Court. The chief judge shall have responsibility for both the criminal and civil124 dockets and shall promulgate rules in relation to execution of these responsibilities.125 (f) The chief judge shall not receive an annual supplement in addition to his or her salary126 except as otherwise provided in Section 13 of this Act.127 SECTION 11.128 (a) There shall be a Solicitor-General of the State Court of S palding County. The129 solicitor-general in office immediately preceding the effective date this Act shall continue130 to serve the term to which that person was elected, which shall expire December 31, 2026,131 and upon the election and qualification of a successor. That a nd all future successors to132 solicitor-general of the State Court of Spalding County whose terms of office are to expire133 shall be nominated and elected in partisan elections immediately preceding such expiration134 of term, shall take office the first day of January immediately following such election, and135 shall serve for a term of office of four years and until the el ection and qualification of a136 successor.137 H. B. 798 - 6 - 25 LC 47 3517/AP (b) The solicitor-general of said court shall have such qualif ications as provided in138 Article 3 of Chapter 18 of Title 15 of the O.C.G.A. and shall be subject to such restrictions139 and discipline as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. He or she140 shall have all the duties and authority of the solicitors-general of state courts provided by141 Article 3 of Chapter 18 of Title 15 of the O.C.G.A.142 (c) The solicitor-general shall be paid an annual salary equal to 90 percent of the total143 annual salary of the chief judge of the State Court and shall devote his or her full time to144 the duties of said office. Said salary shall be payable out of the funds of Spalding County145 at the same intervals as installments are paid to other county judges and elected officials.146 SECTION 12.147 (a) The chief judge shall appoint the clerk of the State Court who shall serve at the148 pleasure of the chief judge of the State Court. The clerk of t he State Court shall receive149 compensation in the amount of 80 percent of the annual salary o f the chief judge. If the150 chief judge chooses the Clerk of the Superior Court of Spalding County as the clerk of the151 State Court, the superior court clerk shall become ex-officio c lerk of the State Court of152 Spalding County, and such person shall be entitled to no additi onal compensation for153 services as such except as otherwise required by general law.154 (b) The Sheriff of Spalding County shall be ex-officio sheriff of the State Court of155 Spalding County but shall be entitled to no additional compensation for services as such156 unless otherwise required by general law. All fees, costs, per centages, forfeitures,157 penalties, allowances, and other perquisites of whatever kind as may now or hereafter be158 allowed by law to be received or collected as compensation for services by said officials159 as officials of the State Court of Spalding County shall be received and diligently collected160 by said officials for the sole use of Spalding County and shall be held as public moneys161 belonging to Spalding County and accounted for and paid over to the fiscal authorities of162 H. B. 798 - 7 - 25 LC 47 3517/AP Spalding County by the tenth of each month, at which time a detailed itemized statement163 shall be made showing such collections and the sources from which collected.164 SECTION 13.165 (a) Spalding County shall continue to operate, fund, and suppo rt the Spalding County166 Sentence Enforcement Department (SCSE). The SCSE shall continue to be responsible for167 the supervision of all individuals ordered to be supervised by the State Court. The chief168 judge shall choose the director of the SCSE who shall serve at the pleasure of the chief169 judge.170 (b) Spalding County shall fully support the State Court Accountability Court (SCAC). The171 chief judge shall choose the director of the SCAC who shall ser ve at the pleasure of the172 chief judge. If the chief judge operates a drug court division, mental health court division,173 veterans court division, or operating under the influence court division, the chief judge174 shall be paid an additional annual supplement of no less than $6,300.00.175 SECTION 14.176 In the event a judge of the State Court of Spalding County is unable to preside in the court177 or is disqualified for any reason, then the judges may appoint a judge pro hac vice to serve178 in his or her absence. Such judge pro hac vice shall meet the same qualifications as a judge179 of the State Court of Spalding County.180 SECTION 15.181 The judges of the State Court of Spalding County may appoint an official stenographer for182 such court who shall report such cases as the court may require. He or she shall receive the183 same fees as allowed for similar services in the superior court which shall be taxed and184 enforced as in the superior court.185 H. B. 798 - 8 - 25 LC 47 3517/AP SECTION 16.186 In the event of any dispute or difference of opinion between th e State Court judges187 regarding any administrative or procedural issue related to the operation of the court, the188 opinion of the chief judge shall control.189 SECTION 17.190 The chief judge and solicitor-general of the State Court shall make applications to the191 Spalding County Board of Commissioners for the provision of necessary and reasonable192 expenses and staffing incurred and required by them in the operation of the court.193 SECTION 18.194 The State Court of Spalding County shall have the right to review decisions of lower courts195 as allowed by law."196 SECTION 2.197 For the purpose of appointing the initial associate judge under this Act, this Act shall become198 effective upon its approval by the Governor or upon its becoming law without such approval.199 For all other purposes, this Act shall become effective on January 1, 2026.200 SECTION 3.201 An Act approved November 29, 1899 (Ga. L. 1899, p. 493), an Act approved December 17,202 1900 (Ga. L. 1900, p. 137), an Act approved December 17, 1901 (Ga. L. 1901, p. 133), an203 Act approved August 22, 1907 (Ga. L. 1907, p. 193), an Act approved July 29, 1912 (Ga. L.204 1912, p. 235), an Act approved August 14, 1915 (Ga. L. 1915, p. 95), an Act approved205 August 16, 1916 (Ga. L. 1916, p. 224), an Act approved February 26, 1941 (Ga. L. 1941, p.206 650), an Act approved February 21, 1951 (Ga. L. 1951, p. 2768), an Act approved February207 8, 1955 (Ga. L. 1955, p. 2208), an Act approved March 17, 1960 (Ga. L. 1960, p. 2756), an208 H. B. 798 - 9 - 25 LC 47 3517/AP Act approved March 31, 1961 (Ga. L. 1961, p. 3410), an Act approved February 28, 1966209 (Ga. L. 1966, p. 2210), an Act approved April 18, 1969 (Ga. L. 1969, p. 2876), an Act210 approved February 20, 1974 (Ga. L. 1974, p. 2047), an Act approved March 13, 1978 (Ga.211 L. 1978, p. 3441), an Act approved February 21, 1980 (Ga. L. 1 980, p. 3048), an Act212 approved April 6, 1981 (Ga. L. 1981, p. 4131), an Act approved March 14, 1984 (Ga. L.213 1984, p. 4201), an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), an Act approved214 March 16, 2000 (Ga. L. 2000, p. 3528), an Act approved April 25 , 2002 (Ga. L. 2002, p.215 4278), an Act approved April 11, 2012 (Ga. L. 2012, p. 5335), and an Act approved May 3,216 2016 (Ga. L. 2016, p. 4034), are repealed in their entirety.217 SECTION 4.218 All laws and parts of laws in conflict with this Act are repealed.219 H. B. 798 - 10 -