HB 1057: Gwinnett County; State Court; provide eighth judge January 1, 2027 and ninth judge January 1, 2028

House Bill 1057 (AS PASSED HOUSE AND SENATE)

By: Representatives Kendrick of the 95th, Efstration of the 104th, Park of the 107th, Reeves of the 99th, Hong of the 103rd, and others

A BILL TO BE ENTITLED

AN ACT

To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved May 2, 2022 (Ga. L. 2002, p. 6031), so as to provide for an eighth judge for the State Court of Gwinnett County beginning January 1, 2027; to provide for a ninth judge for said court beginning January 1, 2028; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved May 2, 2022 (Ga. L. 2002, p. 6031), is amended by striking subsection (a) of Section 13 and inserting in its place a new subsection (a) to read as follows:

"(a) Until January 1, 2027, there shall be seven judges of the State Court of Gwinnett County. Effective January 1, 2027, there shall be eight judges of the State Court of Gwinnett County. The seven judges of the state court in office on January 1, 2027, shall continue to serve the terms of office to which they were elected. The eighth judge added effective January 1, 2027, shall be appointed by the Governor for an initial term of office ending on December 31, 2028, and until his or her successor is elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Gwinnett County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the State Court of Gwinnett County. Upon request of the additional judge, the governing authority of Gwinnett County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such."

PART II

SECTION 2-1.

An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved May 2, 2022 (Ga. L. 2002, p. 6031), is amended by striking subsection (a) of Section 13 and inserting in its place a new subsection (a) to read as follows:

"(a) Until January 1, 2028, there shall be eight judges of the State Court of Gwinnett County. Effective January 1, 2028, there shall be nine judges of the State Court of Gwinnett County. The eight judges of the state court in office on January 1, 2028, shall continue to serve the terms of office to which they were elected. The ninth judge added effective January 1, 2028, shall be appointed by the Governor for an initial term of office ending on December 31, 2030, and until his or her successor is elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Gwinnett County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the State Court of Gwinnett County. Upon request of the additional judge, the governing authority of Gwinnett County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such."

PART III

SECTION 3-1.

(a) Except as provided for in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

(b) Part I of this Act shall become effective on January 1, 2027, except that the Governor is authorized to appoint the eighth judge added by Section 1-1 of this Act prior to January 1, 2027, but any person so appointed shall not take office until January 1, 2027.

(c) Part II of this Act shall become effective on January 1, 2028, except that the Governor is authorized to appoint the ninth judge added by Section 2-1 of this Act prior to January 1, 2028, but not earlier than July 1, 2027, and any person so appointed shall not take office until January 1, 2028.

SECTION 3-2.

All laws and parts of laws in conflict with this Act are repealed.