HB1215: HB1215 Middle Judicial Circuit; superior courts; provide for a third judge

26 HB 1215/AP 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 An notated, relating to the1 number of judges of superior courts, so as to provide for a twenty-first judge of the superior2 courts of the Atlanta Judicial Circuit, a sixth judge of the su perior courts of the Clayton3 Judicial Circuit, and third judge of the superior courts of the Middle Judicial Circuit; to4 provide for a sixth judge of the superior courts of the Northea stern Judicial Circuit; to5 provide for a twelfth judge of the superior courts of the Gwinnett Judicial Circuit; to provide6 for the appointment and term of such additional judges by the Governor; to provide for the7 election and terms of successors to the judges initially appointed; to prescribe the powers of8 such judges; to prescribe the compensation, salary, and expense allowance of such judges to9 be paid by the State of Georgia and the counties comprising such circuits; to authorize the10 judges of such circuits to divide and allocate the work and duties thereof; to provide for the11 selection of the chief judges of the Middle Judicial Circuit and the Gwinnett Judicial Circuit;12 to provide for the manner of impaneling jurors; to provide for an additional court reporter for13 such circuits; to authorize the governing authority of the counties comprising such circuits14 to provide facilities, office space, supplies, equipment, and p ersonnel for such judges; to15 declare inherent authority; to provide for related matters; to provide for effective dates; to16 repeal conflicting laws; and for other purposes.17 H. B. 1215 - 1 - 26 HB 1215/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 18 PART I19 SECTION 1-1.20 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of21 judges of superior courts, is amended by revising paragraphs (3), (10), and (24) as follows:22 "( 3 ) A t l a n t a C i r c u i t .............................................. 2 0 21 "23 "(10) Clayton Circuit ............................................... 5 6 "24 "( 2 4 ) M i d d l e C i r c u i t ................................................2 3"25 SECTION 1-2.26 One additional judge of the superior courts is added to each of the Atlanta Judicial Circuit,27 the Clayton Judicial Circuit, and the Middle Judicial Circuit, thereby increasing to 21, six,28 and three, respectively, the number of judges of each such circuit.29 SECTION 1-3.30 Such additional judges shall be, subject to appropriations, appointed by the Governor for a31 term beginning January 1, 2027, and continuing through December 31, 2028, and until their32 respective successors are elected and qualified. Such respective successors shall be elected33 in the manner provided by law for the election of judges of the superior courts of this state34 at the nonpartisan judicial election in 2028 for a term of four years beginning on January 1,35 2029, and until his or her successor is elected and qualified. Future successors shall be36 elected at the nonpartisan judicial election every four years thereafter for terms of four years37 and until their successors are elected and qualified. The newly elected and qualified judges38 shall each take office on the first day of January following the date of the election.39 SECTION 1-4.40 H. B. 1215 - 2 - 26 HB 1215/AP The additional judges of the superior courts of the Atlanta Jud icial Circuit, the Clayton41 Judicial Circuit, and the Middle Judicial Circuit, respectively, shall have and may exercise42 all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of43 the superior courts of this state. Any judge of the Atlanta J udicial Circuit, the Clayton44 Judicial Circuit, or the Middle Judicial Circuit may preside over any cause, whether in his45 or her own or in other circuits, and perform any official act as judge thereof, including sitting46 on appellate courts as provided by law.47 SECTION 1-5.48 The qualifications of such additional judges and his or her respective successors shall be the49 same as are now provided by law for all other superior court judges, and his or her respective50 compensation, salary, and expense allowance from the State of G eorgia and from the51 counties comprising the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle52 Judicial Circuit, respectively shall be the same as are now pro vided by law for the other53 superior court judges of such circuit. The provisions, if any, enacted for the supplementation54 by the counties of such circuits, respectively, of the salary of the judges of the superior courts55 of the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,56 respectively shall also be applicable to the additional judges provided for by this Act.57 SECTION 1-6.58 All writs and processes in the superior courts of the Atlanta J udicial Circuit, the Clayton59 Judicial Circuit, and the Middle Judicial Circuit, respectively shall be returnable to the terms60 of such superior courts as they are now fixed and provided by law, or as they may hereafter61 be fixed or determined by law, and all terms of such courts shall be held in the same manner62 as though there were but one judge, it being the intent and purpose of this Act to provide all63 judges equal in jurisdiction and authority to attend and perform the functions, powers, and64 H. B. 1215 - 3 - 26 HB 1215/AP duties of the judges of such superior courts and to direct and conduct all hearings and trials65 in such courts.66 SECTION 1-7.67 The chief judge of the Middle Judicial Circuit shall be elected from among the judges by68 majority vote of the total number of judges voting. In the event no judge obtains a majority69 of the vote after three ballots, the chief judge shall be the e ligible judge having the most70 seniority. The term for a chief judge shall be two years, and a person may be elected to71 successive terms. The chief judge shall be vested with the power to make all appointments72 whenever the law provides for the superior court judge to make appointments, except as73 herein provided.74 SECTION 1-8.75 Upon and after qualification of the additional judges of the su perior courts of the Atlanta76 Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit, respectively,77 the judges of such circuits, respectively, may adopt, promulgate, amend, and enforce such78 rules of practice and procedure in consonance with the Constitution and laws of the State of79 Georgia as they deem suitable and proper for the effective transaction of the business of the80 courts, respectively,; and, in transacting the business of the courts, respectively, and in81 performing their duties and responsibilities, they shall share, divide, and allocate the work82 and duties to be performed by each judge. In the event of a disagreement among the judges83 in respect hereof, the decision of a majority shall control, or, in the absence of a majority, the84 decision of the chief judge shall be controlling. The judges o f the superior courts of the85 Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,86 respectively shall have and are clothed with full power, authority, and discretion to determine87 from time to time and term to term the manner of calling the dockets, fixing the calendars,88 and order of business in such courts. They may assign to one such judge the hearing of trials89 H. B. 1215 - 4 - 26 HB 1215/AP by jury for a term and the hearing of all other matters not requiring a trial by jury to the other90 judges, and they may rotate such order of business at the next term. They may conduct trials91 by jury at the same time in the same county or otherwise within such circuits, respectively,,92 or they may hear chambers business and motion business at the same time at any place within93 such circuits, respectively,. They may provide in all respects for holding the superior courts94 of such circuits, respectively, so as to facilitate the hearing and determination of all the95 business of such courts at any time pending and ready for trial or hearing. In all such matters96 relating to the fixing, arranging for, and disposing of the business of such courts and making97 appointments as authorized by law where the judges thereof cannot agree or shall differ, the98 opinion or order of the chief judge as provided for in this Act shall control.99 SECTION 1-9.100 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted101 by any of the judges of the superior courts of such circuits, respectively,; and they, or any one102 such judge, shall have full power and authority to draw and impanel jurors for service in such103 courts so as to have jurors for the trial of cases before any such judges separately or before104 each of them at the same time.105 SECTION 1-10.106 The judges of the superior courts of the Atlanta Judicial Circuit, the Clayton Judicial Circuit,107 and Middle Judicial Circuit, respectively, shall be authorized and empowered to appoint an108 additional court reporter for each such circuit, whose respective compensation shall109 be as now or hereafter provided by law.110 SECTION 1-11.111 All writs, processes, orders, subpoenas, and any other official paper issuing out of the112 superior courts of the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle113 H. B. 1215 - 5 - 26 HB 1215/AP Judicial Circuit, respectively, may bear teste in the name of any judge of each such circuit,114 respectively, and, when issued by and in the name of any such judge, shall be fully valid and115 may be heard and determined before the same or any other judge of the same circuit. Any116 judge of each such circuit, respectively, may preside over any case therein and perform any117 official act as judge thereof. 118 SECTION 1-12.119 Upon request of any judge of the circuit, the governing authorities of the counties comprising120 the Atlanta Judicial Circuit, the Clayton Judicial Circuit, and the Middle Judicial Circuit,121 respectively shall be authorized to furnish the judges of such circuits, respectively, with122 suitable courtrooms and facilities, office space, telephones, f urniture, office equipment,123 supplies, and such personnel as may be considered necessary by the court to the proper124 functioning of the court. All of the expenditures authorized in this Act are declared to be an125 expense of the court and payable out of the county treasury as such.126 SECTION 1-13.127 Except as expressly stated, nothing in this Act shall be constr ued to alter or repeal any128 provision of any local Act relating to the Atlanta Judicial Cir cuit, the Clayton Judicial129 Circuit, and the Middle Judicial Circuit, respectively. Nothing in this Act shall be deemed130 to limit or restrict the inherent powers, duties, and responsibilities of superior court judges131 provided by the Constitution and statutes of the State of Georgia.132 PART II133 SECTION 2-1.134 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of135 judges of superior courts, is amended by revising paragraph (26) as follows:136 "( 2 6 ) N o r t h e a s t e r n C i r c u i t ............................................5 6"137 H. B. 1215 - 6 - 26 HB 1215/AP SECTION 2-2.138 One additional judge of the superior courts is added to the Nor theastern Judicial Circuit,139 thereby increasing to six the number of judges of said circuit.140 SECTION 2-3.141 Said additional judge shall be appointed by the Governor for a term beginning142 January 1, 2027, and continuing through December 31, 2028, and until his or her successor143 is elected and qualified. His or her successor shall be elected in the manner provided by law144 for the election of judges of the superior courts of this state at the nonpartisan judicial145 election in 2028 for a term of four years beginning on January 1, 2029, and until his or her146 successor is elected and qualified. Future successors shall be elected at the nonpartisan147 judicial election every four years thereafter for terms of four years and until their successors148 are elected and qualified. The newly elected and qualified judge shall take office on the first149 day of January following the date of the election.150 SECTION 2-4.151 The additional judge of the superior courts of the Northeastern Judicial Circuit shall have and152 may exercise all powers, duties, dignities, jurisdiction, privi leges, and immunities of the153 present judges of the superior courts of this state. Any judge of the Northeastern Judicial154 Circuit may preside over any cause, whether in his or her own o r in other circuits, and155 perform any official act as judge thereof, including sitting on appellate courts as provided by156 law.157 SECTION 2-5.158 The qualifications of such additional judge and his or her successors shall be the same as are159 now provided by law for all other superior court judges, and his or her compensation, salary,160 and expense allowance from the State of Georgia and from the co unties comprising the161 H. B. 1215 - 7 - 26 HB 1215/AP Northeastern Judicial Circuit shall be the same as are now prov ided by law for the other162 superior court judges of such circuit. The provisions, if any, enacted for the supplementation163 by the counties of such circuit of the salary of the judges of the superior courts of the164 Northeastern Judicial Circuit shall also be applicable to the additional judge provided for by165 this Act.166 SECTION 2-6.167 All writs and processes in the superior courts of the Northeast ern Judicial Circuit shall be168 returnable to the terms of such superior courts as they are now fixed and provided by law,169 or as they may hereafter be fixed or determined by law, and all terms of such courts shall be170 held in the same manner as though there were but one judge, it being the intent and purpose171 of this Act to provide all judges equal in jurisdiction and authority to attend and perform the172 functions, powers, and duties of the judges of such superior courts and to direct and conduct173 all hearings and trials in such courts.174 SECTION 2-7.175 Upon and after qualification of the additional judge of the superior courts of the Northeastern176 Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such177 rules of practice and procedure in consonance with the Constitution and laws of the State of178 Georgia as they deem suitable and proper for the effective transaction of the business of the179 court; and, in transacting the business of the court and in per forming their duties and180 responsibilities, they shall share, divide, and allocate the work and duties to be performed by181 each judge. In the event of a disagreement among the judges in respect hereof, the decision182 of a majority shall control, or, in the absence of a majority, the decision of the chief judge183 shall be controlling. The judges of the superior courts of the Northeastern Judicial Circuit184 shall have and are clothed with full power, authority, and discretion to determine from time185 to time and term to term the manner of calling the dockets, fix ing the calendars, and order186 H. B. 1215 - 8 - 26 HB 1215/AP of business in such courts. They may assign to one such judge the hearing of trials by jury187 for a term and the hearing of all other matters not requiring a trial by jury to the other judges,188 and they may rotate such order of business at the next term. They may conduct trials by jury189 at the same time in the same county or otherwise within such ci rcuit, or they may hear190 chambers business and motion business at the same time at any p lace within such circuit.191 They may provide in all respects for holding the superior court s of such circuit so as to192 facilitate the hearing and determination of all the business of such courts at any time pending193 and ready for trial or hearing. In all such matters relating t o the fixing, arranging for, and194 disposing of the business of such courts and making appointment s as authorized by law195 where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge196 as provided for in this Act shall control.197 SECTION 2-8.198 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted199 by any of the judges of the superior courts of such circuit; and they, or any one such judge,200 shall have full power and authority to draw and impanel jurors for service in such courts so201 as to have jurors for the trial of cases before any such judges separately or before each of202 them at the same time.203 SECTION 2-9.204 The judges of the superior courts of the Northeastern Judicial Circuit shall be authorized and205 empowered to appoint an additional court reporter for such circuit, whose compensation shall206 be as now or hereafter provided by law.207 SECTION 2-10.208 All writs, processes, orders, subpoenas, and any other official paper issuing out of the209 superior courts of the Northeastern Judicial Circuit may bear teste in the name of any judge210 H. B. 1215 - 9 - 26 HB 1215/AP of the Northeastern Judicial Circuit and, when issued by and in the name of any judge of such211 circuit, shall be fully valid and may be heard and determined before the same or any other212 judge of such circuit. Any judge of such circuit may preside o ver any case therein and213 perform any official act as judge thereof.214 SECTION 2-11.215 Upon request of any judge of the circuit, the governing authorities of the counties comprising216 the Northeastern Judicial Circuit shall be authorized to furnish the judges of such circuit with217 suitable courtrooms and facilities, office space, telephones, f urniture, office equipment,218 supplies, and such personnel as may be considered necessary by the court to the proper219 functioning of the court. All of the expenditures authorized in this Act are declared to be an220 expense of the court and payable out of the county treasury as such.221 SECTION 2-12.222 Except as expressly stated, nothing in this Act shall be constr ued to alter or repeal any223 provision of any local Act relating to the Northeastern Judicial Circuit. Nothing in this Act224 shall be deemed to limit or restrict the inherent powers, dutie s, and responsibilities of225 superior court judges provided by the Constitution and statutes of the State of Georgia.226 PART III227 SECTION 3-1.228 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of229 judges of superior courts, is amended by revising paragraph (20) as follows:230 "( 2 0 ) G w i n n e t t C i r c u i t .............................................1 1 12"231 SECTION 3-2.232 H. B. 1215 - 10 - 26 HB 1215/AP One additional judge of the superior courts is added to the Gwinnett Judicial Circuit, thereby233 increasing to twelve the number of judges of said circuit.234 SECTION 3-3.235 Said additional judge shall be appointed by the Governor for a term beginning236 January 1, 2027, and continuing through December 31, 2028, and until his or her successor237 is elected and qualified. His or her successor shall be elected in the manner provided by law238 for the election of judges of the superior courts of this state at the nonpartisan judicial239 election in 2028 for a term of four years beginning on January 1, 2029, and until his or her240 successor is elected and qualified. Future successors shall be elected at the nonpartisan241 judicial election every four years thereafter for terms of four years and until their successors242 are elected and qualified. The newly elected and qualified judge shall take office on the first243 day of January following the date of the election.244 SECTION 3-4.245 The additional judge of the superior courts of the Gwinnett Jud icial Circuit shall have and246 may exercise all powers, duties, dignities, jurisdiction, privi leges, and immunities of the247 present judges of the superior courts of this state. Any judge of the Gwinnett Judicial Circuit248 may preside over any cause, whether in his or her own or in other circuits, and perform any249 official act as judge thereof, including sitting on appellate courts as provided by law.250 SECTION 3-5.251 The qualifications of such additional judge and his or her successors shall be the same as are252 now provided by law for all other superior court judges, and his or her compensation, salary,253 and expense allowance from the State of Georgia and from the co unties comprising the254 Gwinnett Judicial Circuit shall be the same as are now provided by law for the other superior255 court judges of such circuit. The provisions, if any, enacted for the supplementation by the256 H. B. 1215 - 11 - 26 HB 1215/AP counties of such circuit of the salary of the judges of the sup erior courts of the Gwinnett257 Judicial Circuit shall also be applicable to the additional judge provided for by this Act.258 SECTION 3-6.259 All writs and processes in the superior courts of the Gwinnett Judicial Circuit shall be260 returnable to the terms of such superior courts as they are now fixed and provided by law,261 or as they may hereafter be fixed or determined by law, and all terms of such courts shall be262 held in the same manner as though there were but one judge, it being the intent and purpose263 of this Act to provide all judges equal in jurisdiction and authority to attend and perform the264 functions, powers, and duties of the judges of such superior courts and to direct and conduct265 all hearings and trials in such courts.266 SECTION 3-7.267 The chief judge of the Gwinnett Judicial Circuit shall be elected from among the judges by268 majority vote of the total number of judges voting. In the event no judge obtains a majority269 of the vote after three ballots, the chief judge shall be the e ligible judge having the most270 seniority. The term for a chief judge shall be two years, and a person may be elected to271 successive terms. The chief judge shall be vested with the power to make all appointments272 whenever the law provides for the superior court judge to make appointments, except as273 herein provided. The chief judge serving on the effective date of this Act shall serve out the 274 term as chief judge to which he or she was elected.275 SECTION 3-8.276 Upon and after qualification of the additional judge of the sup erior courts of the Gwinnett277 Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such278 rules of practice and procedure in consonance with the Constitution and laws of the State of279 Georgia as they deem suitable and proper for the effective transaction of the business of the280 H. B. 1215 - 12 - 26 HB 1215/AP court; and, in transacting the business of the court and in per forming their duties and281 responsibilities, they shall share, divide, and allocate the work and duties to be performed by282 each. In the event of a disagreement among the judges in respect hereof, the decision of a283 majority shall control, or, in the absence of a majority, the decision of the chief judge shall284 be controlling. The judges of the superior courts of the Gwinnett Judicial Circuit shall have285 and are clothed with full power, authority, and discretion to determine from time to time and286 term to term the manner of calling the dockets, fixing the cale ndars, and order of business287 in such courts. They may assign to one such judge the hearing of trials by jury for a term and288 the hearing of all other matters not requiring a trial by jury to the other judges, and they may289 rotate such order of business at the next term. They may conduct trials by jury at the same290 time in the same county or otherwise within such circuit, or they may hear chambers business291 and motion business at the same time at any place within such circuit. They may provide in292 all respects for holding the superior courts of such circuit so as to facilitate the hearing and293 determination of all the business of such courts at any time pe nding and ready for trial or294 hearing. In all such matters relating to the fixing, arranging for, and disposing of the295 business of such courts and making appointments as authorized b y law where the judges296 thereof cannot agree or shall differ, the opinion or order of t he chief judge as provided for297 in this Act shall control.298 SECTION 3-9.299 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted300 by any of the judges of the superior courts of such circuit; and they, or any one such judge,301 shall have full power and authority to draw and impanel jurors for service in such courts so302 as to have jurors for the trial of cases before any such judges separately or before each of303 them at the same time.304 SECTION 3-10.305 H. B. 1215 - 13 - 26 HB 1215/AP The judges of the superior courts of the Gwinnett Judicial Circ uit shall be authorized and306 empowered to appoint an additional court reporter for such circuit, whose compensation shall307 be as now or hereafter provided by law.308 SECTION 3-11.309 All writs, processes, orders, subpoenas, and any other official paper issuing out of the310 superior courts of the Gwinnett Judicial Circuit may bear teste in the name of any judge of311 the Gwinnett Judicial Circuit and, when issued by and in the na me of any judge of such312 circuit, shall be fully valid and may be heard and determined before the same or any other313 judge of such circuit. Any judge of such circuit may preside o ver any case therein and314 perform any official act as judge thereof.315 SECTION 3-12.316 Upon request of any judge of the circuit, the governing authorities of the counties comprising317 the Gwinnett Judicial Circuit shall be authorized to furnish th e judges of such circuit with318 suitable courtrooms and facilities, office space, telephones, f urniture, office equipment,319 supplies, and such personnel as may be considered necessary by the court to the proper320 functioning of the court. All of the expenditures authorized in this Act are declared to be an321 expense of the court and payable out of the county treasury as such.322 SECTION 3-13.323 Except as expressly stated, nothing in this Act shall be constr ued to alter or repeal any324 provision of any local Act relating to the Gwinnett Judicial Circuit. Nothing in this Act shall325 be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior326 court judges provided by the Constitution and statutes of the State of Georgia.327 PART IV328 H. B. 1215 - 14 - 26 HB 1215/AP SECTION 4-1.329 (a) Part I of this Act shall become effective for the purposes of appointing the additional330 judge upon its approval by the Governor or upon its becoming law without such approval,331 and for all other purposes on January 1, 2027.332 (b) Part II of this Act shall become effective for the purposes of appointing the additional333 judge upon its approval by the Governor or upon its becoming law without such approval,334 and for all other purposes on January 1, 2027.335 (c) Part III of this Act shall become effective for the purposes of appointing the additional336 judge upon its approval by the Governor or upon its becoming law without such approval,337 and for all other purposes on January 1, 2027.338 SECTION 4-2.339 All laws and parts of laws in conflict with this Act are repealed. 340 H. B. 1215 - 15 -