Georgia HB 927: "Appellate Jurisdiction Reform Act of 2016"; enact

Bill Text

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H. B. 927
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House Bill 927
By: Representatives Coomer of the 14
th, Willard of the 51
st, Dickey of the 140
th, Nimmer of
the 178
th, Rogers of the 10
th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to1
enact reforms recommended by the Georgia Appellate Jurisdiction Review Commission2
relating to appellate court efficiencies; to improve law assistant selection for the appellate3
courts; to provide the Court of Appeals with greater procedural flexibility in its decisional4
process; to transfer jurisdiction over certain appeals in civil cases from the Supreme Court5
to the Court of Appeals; to amend Chapter 6 of Title 5, Part 7 of Article 1 of Chapter 1 of6
Title 7, Chapter 6 of Title 9, Chapter 2 of Title 21, Article 3 of Chapter 4 of Title 23, Chapter7
2 of Title 44, and Code Section 48-5-17, relating to certiorari and appeals to appellate courts8
generally, receivership powers and procedures generally, extraordinary writs, elections and9
primaries generally, decrees, recordation and registration of deeds and other instruments, and10
proceedings to determine county entitled to return and payment, respectively, so as to11
conform appellate references; to amend Chapter 2 of Title 15 of the Official Code of Georgia12
Annotated, relating to the Supreme Court, so as to increase the number of Supreme Court13
Justices and provide for their appointment and election; to provide for effective dates and a14
contingent effective date and applicability; to provide for related matters; to repeal15
conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
PART I18
SECTION 1-1.19
This Act shall be known and may be cited as the "Appellate Jurisdiction Reform Act of20
2016."21
SECTION 1-2.22
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising23
Code Section 15-2-19, relating to law assistants, as follows:24

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"15-2-19.25
The Justices of the Supreme Court are shall be authorized to appoint law assistants for the26
use of the court and to remove them at pleasure. The law assistants shall have been27
admitted to the bar of this state as practicing attorneys; provided, however, that an28
individual who graduated from law school but who is not a member of the bar of this state29
may be appointed as a law assistant so long as he or she is admitted to the bar of this state30
within one year of such appointment. It shall be the duty of the law assistants to attend all31
sessions of the court, if so ordered, and generally to perform the duties incident to the role32
of law assistant."33
SECTION 1-3.34
Said title is further amended by revising subsection (a) of Code Section 15-3-9, relating to35
law assistants, as follows:36
"(a) The Judges of the Court of Appeals are shall be authorized to appoint law assistants37
for the use of the court and to remove them at pleasure. Each law assistant of the Court of38
Appeals shall have been admitted to practice law in the bar of this state as a practicing39
attorney; provided, however, that an individual who graduated from law school but who40
is not a member of the bar of this state may be appointed as a law assistant so long as he41
or she is admitted to the bar of this state within one year of such appointment."42
PART II43
SECTION 2-1.44
Said title is further amended by revising Code Section 15-3-1, relating to the composition,45
divisions, how cases are heard, and decisions overruled, quorum, oral arguments, and46
assistance of other judges, as follows:47
"15-3-1.48
(a) Composition. The Court of Appeals shall consist of 15 Judges who shall elect one of49
their number as Chief Judge, in such manner and for such time as may be prescribed by50
rule or order of the court.51
(b) Divisions. The court shall sit in divisions composed of three Judges in each division.52
Two Judges shall constitute a quorum of a division. The assignment of Judges to each53
division shall be made by the Chief Judge, and the personnel of the divisions shall from54
time to time be changed in accordance with rules prescribed by the court. The Chief Judge55
shall designate the Presiding Judges of the divisions and shall, under rules prescribed by56
the court, distribute the cases among the divisions in such manner as to equalize their work57
as far as practicable.58

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(c) How cases heard.59
(1) Each Except as provided in paragraph (2) of this subsection, each division shall hear60
and determine, independently of the others, the cases assigned to it, except that the61
division next in line in rotation and a seventh Judge shall participate in the determination62
of each case in which there is a dissent in the division to which the case was originally63
assigned. Two Judges shall constitute a quorum of a division.64
(2) In all cases which involve one or more questions which