HB 160: Carroll County; State Court; provide additional judge

House Bill 160 (AS PASSED HOUSE AND SENATE)

By: Representatives Smith of the 18th, Huddleston of the 72nd, and Howard of the 71st

A BILL TO BE ENTITLED

AN ACT

To amend an Act establishing a city court in the city of Carrollton, in the county of Carroll, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, so as to provide an additional judge for such court; to provide for the appointment of such additional judge of such court; to provide for the election of successors; to provide for a chief judge; 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:

SECTION 1.

An Act establishing a city court in the city of Carrollton, in the county of Carroll, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, is amended by revising Section 4 as follows:

"SECTION 4.

(a)(1) As of July 1, 2025, there shall be a chief judge, who shall be the judge of the State Court of Carroll County serving at the time of the effective date of this Act, and one additional judge of such court who each shall be elected by the qualified voters of Carroll County, as provided by Chapter 7 of Title 15 and Title 21 of the O.C.G.A.; provided, however, that the initial additional judge shall be appointed by the Governor for a term beginning July 1, 2025, and continuing through December 31, 2026, and until his or her successor is elected and qualified. The successor to such initial additional judge shall be elected in the manner provided by law for the election of judges of the state courts of this state at the nonpartisan judicial election in 2026, for a term of four years beginning on January 1, 2027, and until his or her successor is elected and qualified. The judge of such court in office on the effective date of this Act shall continue to serve the remainder of the term of office to which he or she was elected and until his or her successor is elected and qualified. Future successors to such judges shall be elected at the nonpartisan general election conducted immediately prior to the expiration of the term of office. Such successors 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 respective successors are duly elected and qualified.

(2) The judges of the State Court of Carroll County shall each be elected at nonpartisan general elections without a prior nonpartisan primary. Such elections shall be conducted as provided by general law.

(b) Each judge of the State Court of Carroll County shall receive an annual salary equal to 90 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the West Georgia Judicial Circuit. Such salaries shall be paid in equal monthly installments from county funds.

(c) The judges of such court shall be full-time judges, shall not engage in the private practice of law, and shall each devote his or her full time and efforts to the discharge of the duties of his or her office.

(d) Each judge is authorized to employ a secretary; and the person to be employed shall be selected in the sole discretion of the respective judge. The secretary of each judge shall receive an annual salary of not less than $14,750.00 which may be increased by the judge with the approval of the county governing authority. The secretaries' salaries shall be paid from county funds."

SECTION 2.

For the purpose of appointing the initial associate judge under this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2025.

SECTION 3.

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