Bill Text: GA HB221 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Extraordinary writs; removal of superior court judge; provisions

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2009-07-01 - Effective Date [HB221 Detail]

Download: Georgia-2009-HB221-Comm_Sub.html

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09 LC 29 3651S

House Bill 221 (COMMITTEE SUBSTITUTE)

By: Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, and Oliver of the 83rd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, is amended by revising Code Section 9-6-20, relating to when mandamus may issue, as follows:

"9-6-20.

All official duties should be faithfully performed;, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance, if there is no other specific legal remedy for the legal rights; provided, however, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing."

SECTION 2.

Said chapter is further amended by revising Code Section 9-6-40, relating to prohibition counterpart of mandamus, as follows:

"9-6-40.

The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.