Bill Text: GA HB220 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Superior courts; issuing orders on motions; provisions
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2010-01-11 - Senate Recommitted [HB220 Detail]
Download: Georgia-2009-HB220-Comm_Sub.html
09 LC 29
3843S
The
Senate Judiciary Committee offered the following substitute to HB
220:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so
as to provide a uniform time for issuing orders on motions for new trials,
injunctions, demurrers, and all other motions of any nature; to provide for
sanctions for failure to comply; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
adding a new Code section to Chapter 1, relating to general provisions, to read
as follows:
"15-1-16.
(a)
It shall be the duty of the judge of any court, other than the Court of Appeals
or the Supreme Court of Georgia, unless providentially hindered or unless a
written extension of time is agreed to by the parties, to decide promptly all
motions for new trials, injunctions, demurrers, and all other motions of any
nature within 90 days after the same have been argued before the judge or
submitted to the judge without argument.
(b)
Except when ruling from the bench, when the judge has issued his or her
decision, it shall be the duty of the judge to file his or her decision with the
clerk of court in which the action is pending and to notify the parties in
writing of his or her decision. Such notice shall not be required if notice has
been waived pursuant to subsection (a) of Code Section 9-11-5.
(c)
If any judge fails or refuses to obey the provisions of subsection (a) or (b) of
this Code section, or if any judge repeatedly or persistently fails or refuses
to decide the various injunctions, demurrers, and motions coming before him or
her in the manner provided by such subsections, such conduct shall be grounds
for impeachment and the penalty therefor shall be his or her removal from
office."
SECTION
2.
Said
title is further amended by revising Code Section 15-6-21, relating to time for
deciding motions, filing and notification, and noncompliance as ground for
impeachment, as follows:
"15-6-21.
(a)
In a county with less than 100,000 inhabitants, it shall be the duty of the
judge of the superior, state, or city court, unless providentially hindered or
unless counsel for the plaintiff and the defendant agree in writing to extend
the time, to decide promptly, within 30 days after the same have been argued
before him or submitted to him without argument, all motions for new trials,
injunctions, demurrers, and all other motions of any nature.
(b)
In all counties with more than 100,000 inhabitants, it shall be the duty of the
judge of the superior, state, or city court, unless providentially hindered or
unless counsel for the plaintiff and the defendant agree in writing to extend
the time, to decide promptly, within 90 days after the same have been argued
before him or submitted to him without argument, all motions for new trials,
injunctions, demurrers, and all other motions of any nature.
(c)
When he or she has so decided, it shall be the duty of the judge to file his or
her decision with the clerk of the court in which the cases are pending and to
notify the attorney or attorneys of the losing party of his or her decision.
Said notice shall not be required if such notice has been waived pursuant to
subsection (a) of Code Section 9-11-5.
(d)
If any judge fails or refuses, unless providentially hindered or unless counsel
for the plaintiff and the defendant agree in writing to extend the time, to obey
the provisions of subsections (a) through (c) of this Code section, or if any
judge repeatedly or persistently fails or refuses to decide the various motions,
demurrers, and injunctions coming before him in the manner provided by such
subsections, such conduct shall be grounds for impeachment and the penalty
therefor shall be his removal from office
Reserved."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.