Bill Text: GA HB283 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Supreme Court and Court of Appeals; filing fees; change certain provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2009-05-04 - Effective Date [HB283 Detail]
Download: Georgia-2009-HB283-Comm_Sub.html
LC
14 0127S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 283
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
revise provisions relating to financing and operations of the judicial branch of
government; to amend Article 1 of Chapter 6 of Title 5 of the Official Code of
Georgia Annotated, relating to general provisions pertaining to certiorari and
appeals to appellate courts generally, so as to change certain provisions
relating to filing fees for appeals to the Supreme Court and the Court of
Appeals; to amend Article 1 of Chapter 19 of Title 15 of the Official Code of
Georgia Annotated, relating to general provisions relating to attorneys, so as
to change provisions relating to the expenses of the board and the amount and
disposition of examination fees; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to
general provisions pertaining to certiorari and appeals to appellate courts
generally, is amended by revising Code Section 5-6-4, relating to a bill of
costs, payment of costs, filing of an affidavit of indigence, and payment of
costs or filing of an affidavit as a prerequisite to the receipt of an
application for appeal or brief by the clerk, as follows:
"5-6-4.
The
bill of costs for every application to the Supreme Court for a writ of
certiorari or for applications for appeals filed in the Supreme Court or the
Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall
be $80.00 in
criminal cases and in habeas corpus cases for persons whose liberty is being
restrained by virtue of a sentence imposed against them by a state court and
$300.00 in all other civil cases. The
costs shall be paid by counsel for the applicant or appellant at the time of the
filing of the application or, in the case of direct appeals, at the time of the
filing of the original brief of the appellant. In those cases in which the writ
of certiorari or an application for appeal is granted, there shall be no
additional costs. Costs shall not be required in those instances when at the
time the same are due counsel for the applicant or appellant shall file a
statement that an affidavit of indigence has been duly filed or file an
affidavit that he or she was appointed to represent the defendant by the trial
court because of the defendant's indigency. The clerk is prohibited from
receiving the application for appeal or the brief of the appellant unless the
costs have been paid or a sufficient affidavit of indigence is filed or
contained in the record."
SECTION
2.
Article
1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions relating to attorneys, is amended by revising Code Section
15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses
of the board, and the amount and disposition of examination fees, as
follows:
"15-19-2.
(a)
It shall be the duty of the Justices of the Supreme Court to appoint and fix the
number, terms, and compensation of the Board of Bar Examiners, whose powers and
duties shall be as set forth by the Supreme Court by rule. All salaries, fees,
and other expenses incurred in administering the Board of Bar Examiners and the
examinations conducted by the board shall be paid by the Supreme Court
from an
appropriation made to the Supreme Court for that
purpose.
(b)
All fees
paid by applicants for admission to the bar by examination shall be paid into
the general funds of the treasury. The
Supreme Court, upon recommendation by the board, shall by rule set the amount of
the examination fee to be paid by the applicants for admission to the bar by
examination and shall direct to whom and when the fee shall be paid. The
examination fee shall be reasonable and shall be determined in such a manner
that the total amount of the fees charged and collected by the board in each
fiscal year shall approximate the direct and indirect costs
to the
state of administering the examination.
The amount
of the fee to be paid by the applicant shall not exceed
$90.00."
SECTION
3.
Section
1 of this Act shall become effective on July 1, 2009, and Section 2 of this Act
shall become effective upon its approval by the Governor or upon its becoming
law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.