SB532: SB532 Proceedings; defendant notices of certain proceedings and pleadings when such defendant failed to file pleadings; provide

26 LC 44 3556S The House Committee on Judiciary offers the following substitute to SB 532: 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 twe lfth judge of the superior2 courts of the Gwinnett Judicial Circuit; to provide for the app ointment of such additional3 judge by the Governor; to provide for the election of successor s to the judge initially4 appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and5 expense allowance of such judge to be paid by the State of Geor gia and the counties6 comprising said circuit; to authorize the judges of such circuit to divide and allocate the work7 and duties thereof; to carry over existing provisions related to the selection of the chief judge;8 to provide for the manner of impaneling jurors; to provide for an additional court reporter for9 such circuit; to authorize the governing authority of the count ies comprising the Gwinnett10 Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for11 such judges; to declare inherent authority; to provide for rela ted matters; to provide for12 effective dates; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 S. B. 532 (SUB) - 1 - 26 LC 44 3556S SECTION 1.15 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of16 judges of superior courts, is amended by revising paragraph (20) as follows:17 "( 2 0 ) G w i n n e t t C i r c u i t .............................................1 1 12"18 SECTION 2.19 One additional judge of the superior courts is added to the Gwinnett Judicial Circuit, thereby20 increasing to twelve the number of judges of said circuit.21 SECTION 3.22 Said additional judge shall be appointed by the Governor for a term beginning23 January 1, 2027, and continuing through December 31, 2028, and until his or her successor24 is elected and qualified. His or her successor shall be elected in the manner provided by law25 for the election of judges of the superior courts of this state at the nonpartisan judicial26 election in 2028 for a term of four years beginning on January 1, 2029, and until his or her27 successor is elected and qualified. Future successors shall be elected at the nonpartisan28 judicial election every four years thereafter for terms of four years and until their successors29 are elected and qualified. The newly elected and qualified judge shall take office on the first30 day of January following the date of the election.31 SECTION 4.32 The additional judge of the superior courts of the Gwinnett Jud icial Circuit shall have and33 may exercise all powers, duties, dignities, jurisdiction, privi leges, and immunities of the34 present judges of the superior courts of this state. Any judge of the Gwinnett Judicial Circuit35 may preside over any cause, whether in his or her own or in other circuits, and perform any36 official act as judge thereof, including sitting on appellate courts as provided by law.37 S. B. 532 (SUB) - 2 - 26 LC 44 3556S SECTION 5.38 The qualifications of such additional judge and his or her successors shall be the same as are39 now provided by law for all other superior court judges, and his or her compensation, salary,40 and expense allowance from the State of Georgia and from the co unties comprising the41 Gwinnett Judicial Circuit shall be the same as are now provided by law for the other superior42 court judges of such circuit. The provisions, if any, enacted for the supplementation by the43 counties of such circuit of the salary of the judges of the sup erior courts of the Gwinnett44 Judicial Circuit shall also be applicable to the additional judge provided for by this Act.45 SECTION 6.46 All writs and processes in the superior courts of the Gwinnett Judicial Circuit shall be47 returnable to the terms of such superior courts as they are now fixed and provided by law,48 or as they may hereafter be fixed or determined by law, and all terms of such courts shall be49 held in the same manner as though there were but one judge, it being the intent and purpose50 of this Act to provide all judges equal in jurisdiction and authority to attend and perform the51 functions, powers, and duties of the judges of such superior courts and to direct and conduct52 all hearings and trials in such courts.53 SECTION 7.54 The chief judge of the Gwinnett Judicial Circuit shall be elected from among the judges by55 majority vote of the total number of judges voting. In the event no judge obtains a majority56 of the vote after three ballots, the chief judge shall be the e ligible judge having the most57 seniority. The term for a chief judge shall be two years, and a person may be elected to58 successive terms. The chief judge shall be vested with the power to make all appointments59 whenever the law provides for the superior court judge to make appointments, except as60 herein provided. The chief judge serving on the effective date of this Act shall serve out the 61 term as chief judge to which he or she was elected.62 S. B. 532 (SUB) - 3 - 26 LC 44 3556S SECTION 8.63 Upon and after qualification of the additional judge of the sup erior courts of the Gwinnett64 Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such65 rules of practice and procedure in consonance with the Constitution and laws of the State of66 Georgia as they deem suitable and proper for the effective transaction of the business of the67 court; and, in transacting the business of the court and in per forming their duties and68 responsibilities, they shall share, divide, and allocate the work and duties to be performed by69 each. In the event of a disagreement among the judges in respect hereof, the decision of a70 majority shall control, or, in the absence of a majority, the decision of the chief judge shall71 be controlling. The judges of the superior courts of the Gwinnett Judicial Circuit shall have72 and are clothed with full power, authority, and discretion to determine from time to time and73 term to term the manner of calling the dockets, fixing the cale ndars, and order of business74 in such courts. They may assign to one such judge the hearing of trials by jury for a term and75 the hearing of all other matters not requiring a trial by jury to the other judges, and they may76 rotate such order of business at the next term. They may conduct trials by jury at the same77 time in the same county or otherwise within such circuit, or they may hear chambers business78 and motion business at the same time at any place within such circuit. They may provide in79 all respects for holding the superior courts of such circuit so as to facilitate the hearing and80 determination of all the business of such courts at any time pe nding and ready for trial or81 hearing. In all such matters relating to the fixing, arranging for, and disposing of the82 business of such courts and making appointments as authorized b y law where the judges83 thereof cannot agree or shall differ, the opinion or order of t he chief judge as provided for84 in this Act shall control.85 SECTION 9.86 The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted87 by any of the judges of the superior courts of such circuit; and they, or any one such judge,88 S. B. 532 (SUB) - 4 - 26 LC 44 3556S shall have full power and authority to draw and impanel jurors for service in such courts so89 as to have jurors for the trial of cases before any such judges separately or before each of90 them at the same time.91 SECTION 10.92 The judges of the superior courts of the Gwinnett Judicial Circ uit shall be authorized and93 empowered to appoint an additional court reporter for such circuit, whose compensation shall94 be as now or hereafter provided by law.95 SECTION 11.96 All writs, processes, orders, subpoenas, and any other official paper issuing out of the97 superior courts of the Gwinnett Judicial Circuit may bear teste in the name of any judge of98 the Gwinnett Judicial Circuit and, when issued by and in the na me of any judge of such99 circuit, shall be fully valid and may be heard and determined before the same or any other100 judge of such circuit. Any judge of such circuit may preside o ver any case therein and101 perform any official act as judge thereof.102 SECTION 12.103 Upon request of any judge of the circuit, the governing authorities of the counties comprising104 the Gwinnett Judicial Circuit shall be authorized to furnish th e judges of such circuit with105 suitable courtrooms and facilities, office space, telephones, f urniture, office equipment,106 supplies, and such personnel as may be considered necessary by the court to the proper107 functioning of the court. All of the expenditures authorized in this Act are declared to be an108 expense of the court and payable out of the county treasury as such.109 S. B. 532 (SUB) - 5 - 26 LC 44 3556S SECTION 13.110 Except as expressly stated, nothing in this Act shall be constr ued to alter or repeal any111 provision of any local Act relating to the Gwinnett Judicial Circuit. Nothing in this Act shall112 be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior113 court judges provided by the Constitution and statutes of the State of Georgia.114 SECTION 14.115 This Act shall become effective for the purposes of appointing the additional judge upon its116 approval by the Governor or upon its becoming law without such approval, and for all other117 purposes on January 1, 2027.118 SECTION 15.119 All laws and parts of laws in conflict with this Act are repealed.120 S. B. 532 (SUB) - 6 -