House Bill 1215 (AS PASSED HOUSE AND SENATE)
By: Representatives Parrish of the 158th, Jackson of the 128th, Hagan of the 156th, and Prince
of the 132nd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
number of judges of superior courts, so as to provide for a twenty-first judge of the superior
courts of the Atlanta Judicial Circuit, a sixth judge of the superior courts of the Clayton
Judicial Circuit, and third judge of the superior courts of the Middle Judicial Circuit; to
provide for a sixth judge of the superior courts of the Northeastern Judicial Circuit; to
provide for a twelfth judge of the superior courts of the Gwinnett Judicial Circuit; to provide
for the appointment and term of such additional judges by the Governor; to provide for the
election and terms of successors to the judges initially appointed; to prescribe the powers of
such judges; to prescribe the compensation, salary, and expense allowance of such judges to
be paid by the State of Georgia and the counties comprising such circuits; to authorize the
judges of such circuits to divide and allocate the work and duties thereof; to provide for the
selection of the chief judges of the Middle Judicial Circuit and the Gwinnett Judicial Circuit;
to provide for the manner of impaneling jurors; to provide for an additional court reporter for
such circuits; to authorize the governing authority of the counties comprising such circuits
to provide facilities, office space, supplies, equipment, and personnel for such judges; to
declare inherent authority; 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.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of
judges of superior courts, is amended by revising paragraphs (3), (10), and (24) as follows:
"(3) Atlanta Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>20</del> <ins>21</ins> "
"(10) Clayton Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>5</del> <ins>6</ins> "
"(24) Middle Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>2</del> <ins>3"
</ins> SECTION 1-2.
One additional judge of the superior courts is added to each of the Atlanta Judicial Circuit,
the Clayton Judicial Circuit, and the Middle Judicial Circuit, thereby increasing to 21, six,
and three, respectively, the number of judges of each such circuit.
SECTION 1-3.
Such additional judges shall be, subject to appropriations, appointed by the Governor for a
term beginning January 1, 2027, and continuing through December 31, 2028, and until their
respective successors are elected and qualified. Such respective successors shall be elected
in the manner provided by law for the election of judges of the superior courts of this state
at the nonpartisan judicial election in 2028 for a term of four years beginning on January 1,
2029, and until his or her successor is elected and qualified. Future successors shall be
elected at the nonpartisan judicial election every four years thereafter for terms of four years
and until their successors are elected and qualified. The newly elected and qualified judges
shall each take office on the first day of January following the date of the election.
SECTION 1-4.
The additional judges of the superior courts of the Atlanta Judicial Circuit, the Clayton
Judicial Circuit, and the Middle Judicial Circuit, respectively, shall have and may exercise
all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of
the superior courts of this state. Any judge of the Atlanta Judicial Circuit, the Clayton
Judicial Circuit, or the Middle Judicial Circuit may preside over any cause, whether in his
or her own or in other circuits, and perform any official act as judge thereof, including sitting
on appellate courts as provided by law.
SECTION 1-5.
The qualifications of such additional judges and his or her respective successors shall be the
same as are now provided by law for all other superior court judges, and his or her respective
compensation, salary, and expense allowance from the State of Georgia and from the
counties comprising the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle
Judicial Circuit, respectively shall be the same as are now provided by law for the other
superior court judges of such circuit. The provisions, if any, enacted for the supplementation
by the counties of such circuits, respectively, of the salary of the judges of the superior courts
of the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,
respectively shall also be applicable to the additional judges provided for by this Act.
SECTION 1-6.
All writs and processes in the superior courts of the Atlanta Judicial Circuit, the Clayton
Judicial Circuit, and the Middle Judicial Circuit, respectively shall be returnable to the terms
of such superior courts as they are now fixed and provided by law, or as they may hereafter
be fixed or determined by law, and all terms of such courts shall be held in the same manner
as though there were but one judge, it being the intent and purpose of this Act to provide all
judges equal in jurisdiction and authority to attend and perform the functions, powers, and
duties of the judges of such superior courts and to direct and conduct all hearings and trials
in such courts.
SECTION 1-7.
The chief judge of the Middle Judicial Circuit shall be elected from among the judges by
majority vote of the total number of judges voting. In the event no judge obtains a majority
of the vote after three ballots, the chief judge shall be the eligible judge having the most
seniority. The term for a chief judge shall be two years, and a person may be elected to
successive terms. The chief judge shall be vested with the power to make all appointments
whenever the law provides for the superior court judge to make appointments, except as
herein provided.
SECTION 1-8.
Upon and after qualification of the additional judges of the superior courts of the Atlanta
Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit, respectively,
the judges of such circuits, respectively, may adopt, promulgate, amend, and enforce such
rules of practice and procedure in consonance with the Constitution and laws of the State of
Georgia as they deem suitable and proper for the effective transaction of the business of the
courts, respectively,; and, in transacting the business of the courts, respectively, and in
performing their duties and responsibilities, they shall share, divide, and allocate the work
and duties to be performed by each judge. In the event of a disagreement among the judges
in respect hereof, the decision of a majority shall control, or, in the absence of a majority, the
decision of the chief judge shall be controlling. The judges of the superior courts of the
Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,
respectively shall have and are clothed with full power, authority, and discretion to determine
from time to time and term to term the manner of calling the dockets, fixing the calendars,
and order of business in such courts. They may assign to one such judge the hearing of trials
by jury for a term and the hearing of all other matters not requiring a trial by jury to the other
judges, and they may rotate such order of business at the next term. They may conduct trials
by jury at the same time in the same county or otherwise within such circuits, respectively,,
or they may hear chambers business and motion business at the same time at any place within
such circuits, respectively,. They may provide in all respects for holding the superior courts
of such circuits, respectively, so as to facilitate the hearing and determination of all the
business of such courts at any time pending and ready for trial or hearing. In all such matters
relating to the fixing, arranging for, and disposing of the business of such courts and making
appointments as authorized by law where the judges thereof cannot agree or shall differ, the
opinion or order of the chief judge as provided for in this Act shall control.
SECTION 1-9.
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted
by any of the judges of the superior courts of such circuits, respectively,; and they, or any one
such judge, shall have full power and authority to draw and impanel jurors for service in such
courts so as to have jurors for the trial of cases before any such judges separately or before
each of them at the same time.
SECTION 1-10.
The judges of the superior courts of the Atlanta Judicial Circuit, the Clayton Judicial Circuit,
and Middle Judicial Circuit, respectively, shall be authorized and empowered to appoint an
additional court reporter for each such circuit, whose respective compensation shall
be as now or hereafter provided by law.
SECTION 1-11.
All writs, processes, orders, subpoenas, and any other official paper issuing out of the
superior courts of the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle
Judicial Circuit, respectively, may bear teste in the name of any judge of each such circuit,
respectively, and, when issued by and in the name of any such judge, shall be fully valid and
may be heard and determined before the same or any other judge of the same circuit. Any
judge of each such circuit, respectively, may preside over any case therein and perform any
official act as judge thereof.
SECTION 1-12.
Upon request of any judge of the circuit, the governing authorities of the counties comprising
the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,
respectively shall be authorized to furnish the judges of such circuits, respectively, with
suitable courtrooms and facilities, office space, telephones, furniture, office equipment,
supplies, and such personnel as may be considered necessary by the court to the proper
functioning of the court. All of the expenditures authorized in this Act are declared to be an
expense of the court and payable out of the county treasury as such.
SECTION 1-13.
Except as expressly stated, nothing in this Act shall be construed to alter or repeal any
provision of any local Act relating to the Atlanta Judicial Circuit, the Clayton Judicial
Circuit, and the Middle Judicial Circuit, respectively. Nothing in this Act shall be deemed
to limit or restrict the inherent powers, duties, and responsibilities of superior court judges
provided by the Constitution and statutes of the State of Georgia.
PART II
SECTION 2-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of
judges of superior courts, is amended by revising paragraph (26) as follows:
"(26) Northeastern Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>5</del> <ins>6"
</ins>
SECTION 2-2.
One additional judge of the superior courts is added to the Northeastern Judicial Circuit,
thereby increasing to six the number of judges of said circuit.
SECTION 2-3.
Said additional judge shall be appointed by the Governor for a term beginning
January 1, 2027, and continuing through December 31, 2028, and until his or her successor
is elected and qualified. His or her successor shall be elected in the manner provided by law
for the election of judges of the superior courts of this state at the nonpartisan judicial
election in 2028 for a term of four years beginning on January 1, 2029, and until his or her
successor is elected and qualified. Future successors shall be elected at the nonpartisan
judicial election every four years thereafter for terms of four years and until their successors
are elected and qualified. The newly elected and qualified judge shall take office on the first
day of January following the date of the election.
SECTION 2-4.
The additional judge of the superior courts of the Northeastern Judicial Circuit shall have and
may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the
present judges of the superior courts of this state. Any judge of the Northeastern Judicial
Circuit may preside over any cause, whether in his or her own or in other circuits, and
perform any official act as judge thereof, including sitting on appellate courts as provided by
law.
SECTION 2-5.
The qualifications of such additional judge and his or her successors shall be the same as are
now provided by law for all other superior court judges, and his or her compensation, salary,
and expense allowance from the State of Georgia and from the counties comprising the
Northeastern Judicial Circuit shall be the same as are now provided by law for the other
superior court judges of such circuit. The provisions, if any, enacted for the supplementation
by the counties of such circuit of the salary of the judges of the superior courts of the
Northeastern Judicial Circuit shall also be applicable to the additional judge provided for by
this Act.
SECTION 2-6.
All writs and processes in the superior courts of the Northeastern Judicial Circuit shall be
returnable to the terms of such superior courts as they are now fixed and provided by law,
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be
held in the same manner as though there were but one judge, it being the intent and purpose
of this Act to provide all judges equal in jurisdiction and authority to attend and perform the
functions, powers, and duties of the judges of such superior courts and to direct and conduct
all hearings and trials in such courts.
SECTION 2-7.
Upon and after qualification of the additional judge of the superior courts of the Northeastern
Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such
rules of practice and procedure in consonance with the Constitution and laws of the State of
Georgia as they deem suitable and proper for the effective transaction of the business of the
court; and, in transacting the business of the court and in performing their duties and
responsibilities, they shall share, divide, and allocate the work and duties to be performed by
each judge. In the event of a disagreement among the judges in respect hereof, the decision
of a majority shall control, or, in the absence of a majority, the decision of the chief judge
shall be controlling. The judges of the superior courts of the Northeastern Judicial Circuit
shall have and are clothed with full power, authority, and discretion to determine from time
to time and term to term the manner of calling the dockets, fixing the calendars, and order
of business in such courts. They may assign to one such judge the hearing of trials by jury
for a term and the hearing of all other matters not requiring a trial by jury to the other judges,
and they may rotate such order of business at the next term. They may conduct trials by jury
at the same time in the same county or otherwise within such circuit, or they may hear
chambers business and motion business at the same time at any place within such circuit.
They may provide in all respects for holding the superior courts of such circuit so as to
facilitate the hearing and determination of all the business of such courts at any time pending
and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and
disposing of the business of such courts and making appointments as authorized by law
where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge
as provided for in this Act shall control.
SECTION 2-8.
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted
by any of the judges of the superior courts of such circuit; and they, or any one such judge,
shall have full power and authority to draw and impanel jurors for service in such courts so
as to have jurors for the trial of cases before any such judges separately or before each of
them at the same time.
SECTION 2-9.
The judges of the superior courts of the Northeastern Judicial Circuit shall be authorized and
empowered to appoint an additional court reporter for such circuit, whose compensation shall
be as now or hereafter provided by law.
SECTION 2-10.
All writs, processes, orders, subpoenas, and any other official paper issuing out of the
superior courts of the Northeastern Judicial Circuit may bear teste in the name of any judge
of the Northeastern Judicial Circuit and, when issued by and in the name of any judge of such
circuit, shall be fully valid and may be heard and determined before the same or any other
judge of such circuit. Any judge of such circuit may preside over any case therein and
perform any official act as judge thereof.
SECTION 2-11.
Upon request of any judge of the circuit, the governing authorities of the counties comprising
the Northeastern Judicial Circuit shall be authorized to furnish the judges of such circuit with
suitable courtrooms and facilities, office space, telephones, furniture, office equipment,
supplies, and such personnel as may be considered necessary by the court to the proper
functioning of the court. All of the expenditures authorized in this Act are declared to be an
expense of the court and payable out of the county treasury as such.
SECTION 2-12.
Except as expressly stated, nothing in this Act shall be construed to alter or repeal any
provision of any local Act relating to the Northeastern Judicial Circuit. Nothing in this Act
shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of
superior court judges provided by the Constitution and statutes of the State of Georgia.
PART III
SECTION 3-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of
judges of superior courts, is amended by revising paragraph (20) as follows:
"(20) Gwinnett Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>11</del> <ins>12"
</ins> SECTION 3-2.
One additional judge of the superior courts is added to the Gwinnett Judicial Circuit, thereby
increasing to twelve the number of judges of said circuit.
SECTION 3-3.
Said additional judge shall be appointed by the Governor for a term beginning
January 1, 2027, and continuing through December 31, 2028, and until his or her successor
is elected and qualified. His or her successor shall be elected in the manner provided by law
for the election of judges of the superior courts of this state at the nonpartisan judicial
election in 2028 for a term of four years beginning on January 1, 2029, and until his or her
successor is elected and qualified. Future successors shall be elected at the nonpartisan
judicial election every four years thereafter for terms of four years and until their successors
are elected and qualified. The newly elected and qualified judge shall take office on the first
day of January following the date of the election.
SECTION 3-4.
The additional judge of the superior courts of the Gwinnett Judicial Circuit shall have and
may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the
present judges of the superior courts of this state. Any judge of the Gwinnett Judicial Circuit
may preside over any cause, whether in his or her own or in other circuits, and perform any
official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-5.
The qualifications of such additional judge and his or her successors shall be the same as are
now provided by law for all other superior court judges, and his or her compensation, salary,
and expense allowance from the State of Georgia and from the counties comprising the
Gwinnett Judicial Circuit shall be the same as are now provided by law for the other superior
court judges of such circuit. The provisions, if any, enacted for the supplementation by the
counties of such circuit of the salary of the judges of the superior courts of the Gwinnett
Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-6.
All writs and processes in the superior courts of the Gwinnett Judicial Circuit shall be
returnable to the terms of such superior courts as they are now fixed and provided by law,
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be
held in the same manner as though there were but one judge, it being the intent and purpose
of this Act to provide all judges equal in jurisdiction and authority to attend and perform the
functions, powers, and duties of the judges of such superior courts and to direct and conduct
all hearings and trials in such courts.
SECTION 3-7.
The chief judge of the Gwinnett Judicial Circuit shall be elected from among the judges by
majority vote of the total number of judges voting. In the event no judge obtains a majority
of the vote after three ballots, the chief judge shall be the eligible judge having the most
seniority. The term for a chief judge shall be two years, and a person may be elected to
successive terms. The chief judge shall be vested with the power to make all appointments
whenever the law provides for the superior court judge to make appointments, except as
herein provided. The chief judge serving on the effective date of this Act shall serve out the
term as chief judge to which he or she was elected.
SECTION 3-8.
Upon and after qualification of the additional judge of the superior courts of the Gwinnett
Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such
rules of practice and procedure in consonance with the Constitution and laws of the State of
Georgia as they deem suitable and proper for the effective transaction of the business of the
court; and, in transacting the business of the court and in performing their duties and
responsibilities, they shall share, divide, and allocate the work and duties to be performed by
each. In the event of a disagreement among the judges in respect hereof, the decision of a
majority shall control, or, in the absence of a majority, the decision of the chief judge shall
be controlling. The judges of the superior courts of the Gwinnett Judicial Circuit shall have
and are clothed with full power, authority, and discretion to determine from time to time and
term to term the manner of calling the dockets, fixing the calendars, and order of business
in such courts. They may assign to one such judge the hearing of trials by jury for a term and
the hearing of all other matters not requiring a trial by jury to the other judges, and they may
rotate such order of business at the next term. They may conduct trials by jury at the same
time in the same county or otherwise within such circuit, or they may hear chambers business
and motion business at the same time at any place within such circuit. They may provide in
all respects for holding the superior courts of such circuit so as to facilitate the hearing and
determination of all the business of such courts at any time pending and ready for trial or
hearing. In all such matters relating to the fixing, arranging for, and disposing of the
business of such courts and making appointments as authorized by law where the judges
thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for
in this Act shall control.
SECTION 3-9.
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted
by any of the judges of the superior courts of such circuit; and they, or any one such judge,
shall have full power and authority to draw and impanel jurors for service in such courts so
as to have jurors for the trial of cases before any such judges separately or before each of
them at the same time.
SECTION 3-10.
The judges of the superior courts of the Gwinnett Judicial Circuit shall be authorized and
empowered to appoint an additional court reporter for such circuit, whose compensation shall
be as now or hereafter provided by law.
SECTION 3-11.
All writs, processes, orders, subpoenas, and any other official paper issuing out of the
superior courts of the Gwinnett Judicial Circuit may bear teste in the name of any judge of
the Gwinnett Judicial Circuit and, when issued by and in the name of any judge of such
circuit, shall be fully valid and may be heard and determined before the same or any other
judge of such circuit. Any judge of such circuit may preside over any case therein and
perform any official act as judge thereof.
SECTION 3-12.
Upon request of any judge of the circuit, the governing authorities of the counties comprising
the Gwinnett Judicial Circuit shall be authorized to furnish the judges of such circuit with
suitable courtrooms and facilities, office space, telephones, furniture, office equipment,
supplies, and such personnel as may be considered necessary by the court to the proper
functioning of the court. All of the expenditures authorized in this Act are declared to be an
expense of the court and payable out of the county treasury as such.
SECTION 3-13.
Except as expressly stated, nothing in this Act shall be construed to alter or repeal any
provision of any local Act relating to the Gwinnett Judicial Circuit. Nothing in this Act shall
be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior
court judges provided by the Constitution and statutes of the State of Georgia.
PART IV
SECTION 4-1.
(a) Part I of this Act shall become effective for the purposes of appointing the additional
judge upon its approval by the Governor or upon its becoming law without such approval,
and for all other purposes on January 1, 2027.
(b) Part II of this Act shall become effective for the purposes of appointing the additional
judge upon its approval by the Governor or upon its becoming law without such approval,
and for all other purposes on January 1, 2027.
(c) Part III of this Act shall become effective for the purposes of appointing the additional
judge upon its approval by the Governor or upon its becoming law without such approval,
and for all other purposes on January 1, 2027.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.