HB 1923 - Bacon County; state court; create

First Reader Summary

A BILL to create the State Court of Bacon County; and for other purposes.

Page Numbers - 1/ 2/ 3/ 4/ 5

HB 1923                                            HB 1923/AP 
 
      H. B. No. 1923 (AS PASSED HOUSE AND SENATE) 
      By:  Representative Smith of the 169th 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To create the State Court of Bacon County; to specify the 
  1- 2  location of the court and provide for facilities therefor; 
  1- 3  to provide for jurisdiction, powers, practice, and 
  1- 4  procedure; to provide for terms of court; to specify 
  1- 5  business hours of the court; to specify costs and fees; to 
  1- 6  provide for transfer of certain matters from the Superior 
  1- 7  Court of Bacon County; to provide for institution of 
  1- 8  criminal cases; to provide for appeals; to provide for 
  1- 9  selection, number, and compensation of jurors; to provide 
  1-10  for appointment, election, qualifications, and terms of 
  1-11  office of a judge of the court; to provide for restrictions 
  1-12  and discipline of such judge and powers and duties thereof; 
  1-13  to provide for the appointment, election, qualifications, 
  1-14  and terms of office of a solicitor-general of the court and 
  1-15  the powers and duties thereof; to provide for a clerk and 
  1-16  sheriff of the court and the duties thereof; to provide 
  1-17  compensation for the judge, solicitor-general, and other 
  1-18  officers and staff of the court; to provide for a judge pro 
  1-19  hac vice and an official court stenographer; to provide an 
  1-20  effective date; to repeal conflicting laws; and for other 
  1-21  purposes. 
 
  1-22       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-23                           SECTION 1. 
 
  1-24  Effective January 1, 1999, there is created the State Court 
  1-25  of Bacon County which shall have the power, jurisdiction, 
  1-26  and method of procedure as provided by Chapter 7 of Title 15 
  1-27  of the O.C.G.A. 
 
  1-28                           SECTION 2. 
 
  1-29  The State Court of Bacon County shall be located in the 
  1-30  county site of Bacon County in facilities provided by the 
  1-31  governing authority of Bacon County. 
 
 
 
 
 
 
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  2- 1                           SECTION 3. 
 
  2- 2  The State Court of Bacon County shall have such rules of 
  2- 3  practice and procedure as provided by Chapter 7 of Title 15 
  2- 4  of the O.C.G.A. or by rules promulgated by the Supreme Court 
  2- 5  of Georgia. 
 
  2- 6                           SECTION 4. 
 
  2- 7  The State Court of Bacon County shall have quarterly terms 
  2- 8  beginning on the second Monday of January, April, July, and 
  2- 9  October in the county site of Bacon County and such terms 
  2-10  shall remain open for the transaction of business until the 
  2-11  next succeeding term.  If the date fixed for the convening 
  2-12  of any term is a legal holiday, then that term shall begin 
  2-13  on the next day thereafter which is not a legal holiday. 
  2-14  Said court shall at all times be open for the purpose of 
  2-15  receiving pleas of guilty in criminal cases and passing 
  2-16  sentence thereon and for the transaction of civil business 
  2-17  before the court. 
 
  2-18                           SECTION 5. 
 
  2-19  The clerk of the state court shall be required to keep his 
  2-20  or her office open the same hours for business as the clerk 
  2-21  of the superior court. 
 
  2-22                           SECTION 6. 
 
  2-23  The clerk of the state court shall be entitled to charge and 
  2-24  collect the same fees as the clerk of the superior court is 
  2-25  entitled to charge and collect for the same or similar 
  2-26  services.  All such fees shall be paid into the county 
  2-27  treasury, except those sums which are directed by law to be 
  2-28  paid otherwise. 
 
  2-29                           SECTION 7. 
 
  2-30  Any cases of a civil nature pending in the Superior Court of 
  2-31  Bacon County on January 1, 1999, or thereafter, of which the 
  2-32  State Court of Bacon County has jurisdiction under this Act 
  2-33  may be transferred by the judge of the superior court to the 
  2-34  State Court of Bacon County by consent of counsel of all 
  2-35  parties and shall thereafter stand for trial in said state 
  2-36  court as though originally filed therein. 
 
  2-37                           SECTION 8. 
 
  2-38  All prosecutions in criminal cases instituted in the State 
  2-39  Court of Bacon County shall be by written accusation, 
 
 
 
 
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  3- 1  uniform traffic citation, or summons as provided for by Code 
  3- 2  Section 17-7-71 of the O.C.G.A. 
 
  3- 3                           SECTION 9. 
 
  3- 4  Any cases tried in the State Court of Bacon County shall be 
  3- 5  subject to review by the Court of Appeals or the Supreme 
  3- 6  Court of Georgia, whichever court has jurisdiction, in the 
  3- 7  same manner and under the same rules of appellate procedure 
  3- 8  as apply to cases in the superior court. 
 
  3- 9                          SECTION 10. 
 
  3-10  (a) Traverse jurors shall be drawn, selected, chosen, and 
  3-11  summoned for service in the State Court of Bacon County from 
  3-12  the same jury list and from the same jury box and in the 
  3-13  same manner as is done in the superior court.  Jurors in 
  3-14  said state court shall receive the same per diem 
  3-15  compensation for service therein as in the Superior Court of 
  3-16  Bacon County and shall be paid by Bacon County in the same 
  3-17  manner and out of like funds as jurors are paid in the 
  3-18  superior court. 
 
  3-19  (b) The jury for the trial of all civil cases tried in the 
  3-20  State Court of Bacon County shall be composed of the number 
  3-21  of jurors set forth in Chapter 12 of Title 15 of the 
  3-22  O.C.G.A.  Peremptory strikes in civil cases shall be 
  3-23  exercised in the manner prescribed in Chapter 12 of Title 15 
  3-24  of the O.C.G.A. 
 
  3-25  (c) The jury for the trial of all criminal cases tried in 
  3-26  the State Court of Bacon County shall be composed of the 
  3-27  number of jurors set forth in Chapter 12 of Title 15 of the 
  3-28  O.C.G.A.  Peremptory strikes in criminal cases shall be 
  3-29  exercised in the manner prescribed in Chapter 12 of Title 15 
  3-30  of the O.C.G.A. 
 
  3-31                          SECTION 11. 
 
  3-32  (a) There shall be a judge of the State Court of Bacon 
  3-33  County who shall be elected by the qualified voters of Bacon 
  3-34  County, shall take office the first day of January 
  3-35  immediately following such election, and shall serve for a 
  3-36  term of office of four years and until the election and 
  3-37  qualification of a successor, as provided by Chapter 7 of 
  3-38  Title 15 and by Title 21 of the O.C.G.A.; provided, however, 
  3-39  that the first judge shall be appointed by the Governor for 
  3-40  a term of office of two years beginning January 1, 1999, and 
  3-41  until the election and qualification of a successor. 
 
 
 
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  4- 1  (b) The judge of said court shall have such qualifications 
  4- 2  and shall be subject to such restrictions and discipline as 
  4- 3  provided in Chapter 7 of Title 15 of the O.C.G.A.  He or she 
  4- 4  shall be vested with all the power and authority of the 
  4- 5  judges of the state courts by Title 7 of Chapter 15 of the 
  4- 6  O.C.G.A. 
 
  4- 7  (c) The judge shall be a part-time judge and he or she shall 
  4- 8  be paid a salary of $10,000.00 per annum.  Said salary shall 
  4- 9  be payable out of the funds of Bacon County at the same 
  4-10  intervals as installments are paid to other county 
  4-11  employees. 
 
  4-12                          SECTION 12. 
 
  4-13  (a) There shall be a solicitor-general of the State Court of 
  4-14  Bacon County who shall be elected by the qualified voters of 
  4-15  Bacon County,  shall take office the first day of January 
  4-16  immediately following such election, and shall serve for a 
  4-17  term of office of four years and until the election and 
  4-18  qualification of a successor, as provided by Article 3 of 
  4-19  Chapter 18 of Title 15 and by Title 21 of the O.C.G.A.; 
  4-20  provided, however, that the first solicitor-general shall be 
  4-21  appointed by the Governor for a term of office of two years 
  4-22  beginning January 1, 1999, and until the election and 
  4-23  qualification of a successor. 
 
  4-24  (b) The solicitor-general of said court shall have such 
  4-25  qualifications as provided in Article 3 of Chapter 18 of 
  4-26  Title 15 of the O.C.G.A. and shall be a part-time 
  4-27  solicitor-general of said court. 
 
  4-28  (c) The solicitor-general shall be paid an annual salary 
  4-29  equivalent to that of the judge of said court.  Said salary 
  4-30  shall be payable out of the funds of Bacon County at the 
  4-31  same intervals as installments are paid to other county 
  4-32  employees. 
 
  4-33                          SECTION 13. 
 
  4-34  (a) The clerk of the Superior Court of Bacon County shall, 
  4-35  by virtue of his or her office, be the clerk of the State 
  4-36  Court of Bacon County, and the sheriff of said county shall 
  4-37  likewise be the sheriff of said state court.  The clerk 
  4-38  shall provide all the necessary dockets, writs, minute 
  4-39  books, printed forms, and the like as will be necessary for 
  4-40  said court which shall be paid for by Bacon County in like 
  4-41  manner as such items in the superior court. 
 
 
 
 
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  5- 1  (b) The number and salaries of any necessary additional 
  5- 2  support staff for the clerk of the superior court and the 
  5- 3  sheriff of Bacon County required to serve the State Court of 
  5- 4  Bacon County shall be set by the Bacon County Board of 
  5- 5  Commissioners. 
 
  5- 6                          SECTION 14. 
 
  5- 7  The governing authority of Bacon County is authorized to 
  5- 8  supplement the salaries of the clerk of the superior court 
  5- 9  and the sheriff in an amount it deems appropriate for those 
  5-10  officers' services to the State Court of Bacon County. 
 
  5-11                          SECTION 15. 
 
  5-12  In the event the judge of the State Court of Bacon County is 
  5-13  unable to preside in the court or is disqualified for any 
  5-14  reason, then the judge may appoint a judge pro hac vice to 
  5-15  serve in his or her absence.  Said judge pro hac vice shall 
  5-16  meet the same qualifications as the judge of the State Court 
  5-17  of Bacon County. 
 
  5-18                          SECTION 16. 
 
  5-19  The judge of the State Court of Bacon County may appoint an 
  5-20  official stenographer for said court who shall report such 
  5-21  cases as the court may require.  He or she shall receive the 
  5-22  same fees as allowed for similar services in the superior 
  5-23  court which shall be taxed and enforced as in the superior 
  5-24  court. 
 
  5-25                          SECTION 17. 
 
  5-26  This Act shall become effective on July 1, 1998. 
 
  5-27                          SECTION 18. 
 
  5-28  All laws and parts of laws in conflict with this Act are 
  5-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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