Bill Text: GA HB537 | 2011-2012 | Regular Session | Introduced
Bill Title: Johnson County; probate judge serve as chief magistrate; provide
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-04-20 - Effective Date [HB537 Detail]
Download: Georgia-2011-HB537-Introduced.html
11 LC 29
4483/AP
House
Bill 537 (AS PASSED HOUSE AND SENATE)
By:
Representatives Parrish of the
156th,
Jackson of the
142nd,
and Hatchett of the
143rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Small Claims Court of Johnson County, now the
Magistrate Court of Johnson County, approved April 6, 1981 (Ga. L. 1981, p.
4031), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984,
p. 4006), and an Act approved March 12, 1988 (Ga. L. 1988, p. 4746), so as to
provide that on and after January 1, 2013, the probate judge shall serve as
chief magistrate of the Magistrate Court of Johnson County; to provide for the
office of the current magistrate and the expiration of his term; to repeal
certain Acts; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
(a)
Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of
Georgia Annotated, the chief magistrate of the Magistrate Court of Johnson
County shall not be separately elected for any term of office that begins on or
after January 1, 2013, but on and after that date the probate judge of Johnson
County shall serve as the chief magistrate of the Magistrate Court of Johnson
County. There shall be no election in 2012 or thereafter for the office of
chief magistrate of the Magistrate Court of Johnson County. The term of office
of the judge serving as chief magistrate shall be concurrent with such judge's
term of office as the judge of the probate court.
(b)
Effective January 1, 2013, in addition to any compensation received for service
as judge of the Probate Court of Johnson County, the judge of the probate court
who serves as chief magistrate shall receive a compensation for service as chief
magistrate in the amount provided by O.C.G.A. Code Section
15-9-63.1.
(c)
A vacancy in the office of chief magistrate shall be filled by appointment by
the chief judge of the Superior Court of the Dublin Circuit for the remainder of
the unexpired term.
(d)
The chief magistrate of the Magistrate Court of Johnson County who is serving as
such on the effective date of this Act, and any person selected to fill a
vacancy in such office, shall continue to serve as such chief magistrate for a
term of office which shall expire on December 31, 2012, and, during such time
period, shall continue to receive the same salary such person was receiving for
performing such duties as fixed by the governing authority of Johnson County;
provided, however, that if a vacancy occurs in the office of chief magistrate
after the effective date of this Act, and if such vacancy is filled by
appointing the Probate Judge of Johnson County, the probate judge shall only be
entitled to additional compensation in the amount provided by O.C.G.A. Code
Section 15-9-63.1.
SECTION
2.
The
following Acts are specifically repealed:
(1)
An Act creating the Small Claims Court of Johnson County, now the Magistrate
Court of Johnson County, approved April 6, 1981 (Ga. L. 1981, p.
4031);
(2)
An Act amending the Act creating the Magistrate Court of Johnson County,
approved March 12, 1984 (Ga. L. 1984, p. 4006);
(3)
An Act amending the Act creating the Magistrate Court of Johnson County,
approved March 12, 1988 (Ga. L. 1988, p. 4746); and
(4)
An Act amending the Act creating the Magistrate Court of Johnson County,
approved April 4, 1991 (Ga. L. 1991, p. 3751).
SECTION
3.
The
governing authority of Johnson County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended, no later than 60 days after the date on which this Act is
approved by the Governor or otherwise becomes law without such
approval.
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.