Bill Text: GA HB665 | 2011-2012 | Regular Session | Introduced
Bill Title: Clerk of superior court offices; modernize provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [HB665 Detail]
Download: Georgia-2011-HB665-Introduced.html
12 HB 665/AP
House
Bill 665 (AS PASSED HOUSE AND SENATE)
By:
Representative Maddox of the
127th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of
the Official Code of Georgia Annotated, relating to civil practice, courts,
property, state printing and documents, and storage of documents, respectively,
so as to modernize provisions relating to storage, collection, access, and
transmittal of documents housed in clerk of superior court offices; to provide
for modern technological advances in electronic record keeping; to provide for
storage of depositions; to allow superior court clerks to serve as clerks in
other courts; to change provisions relating to the selection of the clerk of
court when a vacancy occurs; to increase the bond required by the clerk of
court; to change provisions relating to the clerk's duties; to change provisions
relating to recordation and display of maps and plats; to change provisions
relating to destruction of obsolete records and preservation of newspapers with
legal advertisements; to change provisions relating to payment of costs; to
remove provisions relating to punishment of clerks; to change provisions
relating to the process for removal of clerks; to change provisions relating to
the location of clerk's offices and office hours; to remove the fee system; to
change provisions relating to cases transferred from magistrate to state or
superior courts; to repeal provisions relating to disposition of books; to
change provisions relating to recording property records; to change provisions
relating to the release of a lien upon the filing of a bond; to change
provisions relating to inspection of records; to change provisions relating to
microform standards; to amend Code Section 1-3-1, Title 15, and Title 42 of the
Official Code of Georgia Annotated, relating to construction of statutes
generally, courts, and penal institutions, respectively, so as to conform
provisions and correct cross-references; to amend Chapter 12 of Title 15 of the
Official Code of Georgia Annotated, relating to juries, so as to clarify that
certain persons shall be ineligible to serve as trial or grand jurors; to
provide for the use of jurors summoned prior to the compilation of county master
jury lists; to revise provisions relating to the qualifications of grand jurors;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
PART I
SECTION 1-1.
PART I
SECTION 1-1.
Title
9 of the Official Code of Georgia Annotated, relating to civil practice, is
amended by revising Code Section 9-11-29.1, relating to when depositions and
other discovery material must be filed with court and custodian until filing, as
follows:
"9-11-29.1.
(a)
Depositions and other discovery material otherwise required to be filed with the
court under this chapter shall not be required to be so filed
unless:
(1)
Required by local rule of court;
(2)
Ordered by the court;
(3)
Requested by any party to the action;
(4)
Relief relating to discovery material is sought under this chapter and said
material has not previously been filed under some other provision of this
chapter, in which event copies of the material in dispute shall be filed by the
movant contemporaneously with the motion for relief; or
(5)
Such material is to be used at trial or is necessary to a pretrial or posttrial
motion and said material has not previously been filed under some other
provision of this chapter, in which event the portions to be used shall be filed
with the clerk of
the
court at the outset of the trial or at the filing of the motion, insofar as
their use can be reasonably anticipated by the parties having custody thereof,
but a party attempting to file and use such material which was not filed with
the clerk at the outset of the trial or at the filing of the motion shall show
to the satisfaction of the court, before the court may authorize such filing and
use, that sufficient reasons exist to justify that late filing and use and that
the late filing and use will not constitute surprise or manifest injustice to
any other party in the proceedings.
(b)
Until such time as discovery material is filed under paragraphs (1) through (5)
of subsection (a) of this Code section, the original of all depositions shall be
retained by the party taking the deposition and the original of all other
discovery material shall be retained by the party requesting such material, and
the person thus retaining the deposition or other discovery material shall be
the custodian thereof.
(c)
When depositions and other discovery material are filed with the clerk of court
as provided in subsection (a) of this Code section, the clerk of court shall
retain such original documents and materials until final disposition, either by
verdict or appeal, of the action in which such materials were filed. The clerk
of court shall be authorized thereafter to destroy such materials upon
microfilming or digitally imaging such materials and maintaining such materials
in a manner that facilitates retrieval and reproduction, so long as the
microfilm and digital images meet the standards established by the Georgia
Department of Archives and History; provided, however, that the clerk of court
shall not be required to microfilm or digitally image depositions that are not
used for evidentiary purposes during the trial of the issues of the case in
which such depositions were
filed."
SECTION
1-2.
Said
title is further amended by revising subsection (a) of Code Section 9-12-81,
relating to the general execution docket, as follows:
"(a)
The clerk of
the
superior court of each county shall be required to keep a general execution
docket in
paper or electronic data base
form."
SECTION
1-3.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising Code Section 15-6-51, relating to eligibility to serve as city or state
court clerk, as follows:
"15-6-51.
Clerks
The
clerk of
the
superior
courts
court
shall be eligible to hold the office of clerk of the
city
or
municipal,
state, or
other court in the counties of their
residence, on taking the oath and giving bond and security as prescribed by
law."
SECTION
1-4.
Said
title is further amended by revising Code Section 15-6-53, relating to
appointment of clerk by presiding judge, as follows:
"15-6-53.
(a)
If there is
an absence or if the clerk or his deputy for any reason does not act as clerk at
the time provided by law for holding a term of the superior courts, the
presiding judge thereof shall appoint a clerk who shall hold the office of clerk
during the term and for ten days thereafter. Any act which the appointed clerk
does during such time which the clerk could have done shall be
valid.
In any county
in which a chief deputy clerk has been appointed pursuant to Code Section
15-6-59, the chief deputy clerk shall become the clerk of superior court if the
clerk of superior court dies, resigns, is removed from office pursuant to the
provisions of Code Section 45-2-1, or otherwise vacates office. The chief
deputy clerk shall hold office for the unexpired term of his or her predecessor,
provided that more than two years of the clerk's term of office have expired at
the time the clerk vacates office. If more than two years of the clerk's term
of office have not expired at the time the clerk vacates office, a special
election shall be held, as provided in subsection (c) of Code Section 21-2-540,
at least 120 days but no later than 365 days after the date the vacancy
occurred. The person elected on such date shall hold office for the unexpired
term of his or her predecessor. The returns of the election shall be made to
the Governor, who shall immediately commission the person elected
clerk.
(b)(1)
In any county in which a chief deputy clerk has not been appointed pursuant to
Code Section 15-6-59, the probate judge shall immediately appoint a qualified
person to serve as the interim clerk of superior court when the clerk vacates
office for any reason. Such interim clerk shall serve in such capacity until
the vacancy is filled pursuant to the provisions of this subsection; provided,
however, that the interim clerk shall not serve more than one year. Any act
done by the interim clerk during such period that the clerk could have done
shall be valid.
If, by the
expiration of the time specified, there is no one else to act as clerk, the
appointee mentioned in subsection (a) of this Code section may continue as such
until there is an appointment or election. Any appointee or other person
lawfully discharging the clerk's duties shall continue to do so until there is
an election and qualification.
(2)
When a vacancy is filled pursuant to paragraph (1) of this Code section and it
is more than six months from the date when the clerk vacated office until the
next general election is held, the election superintendent for the county shall
call a special election to fill the vacancy, as provided in subsection (c) of
Code Section 21-2-540, and such official shall give notice in one or more of the
public newspapers of the county, if any, at the courthouse, and at three or more
of the most public places of the county at least 30 days prior to the date of
election. Such special election shall be held at least 120 days but no later
than 365 days after the date the vacancy occurred. The person elected on such
date shall hold office for the unexpired term of his or her predecessor. The
returns of the election shall be made to the Governor, who shall immediately
commission the person elected
clerk."
SECTION
1-5.
Said
title is further amended by revising Code Section 15-6-54, relating to the
appointment by probate judge pending filling of vacancy and duration of
appointment, as follows:
"15-6-54.
(a)
As soon as a vacancy in the office of superior court clerk occurs or in
anticipation of such a vacancy, the judge of the probate court must appoint some
qualified person to discharge the duties of clerk until the vacancy is
filled.
(b)
When a vacancy occurs and it is not more than six months from the time the
election can be called by the judge of the probate court and held until the
existing term will expire, the person or persons appointed shall discharge the
duties of the office for the balance of the term and there shall be no special
election
Reserved."
SECTION
1-6.
Said
title is further amended by revising Code Section 15-6-55, relating to emergency
service by the probate court judge or clerk, as follows:
"15-6-55.
(a)
If
from
as a result
of any sudden emergency there is a vacancy
in the office
of clerk of superior court, and a
proper
person who
meets the qualifications for a clerk of superior court as set forth in Code
Section 15-6-50 cannot immediately
be
appointed
fill the
vacancy pursuant to Code Section 15-6-53,
the judge of the probate court
or his
clerk shall act as clerk of
the
superior court
for a period
not to exceed 120 days. Any act done by the probate judge during such period
that the clerk could have done shall be
valid.
(b)
If there is a temporary absence of the clerk of superior court for any reason
not specified in Code Section 15-6-53 or if the clerk of superior court for any
reason does not act as clerk at the time provided by law for holding a term of
the superior courts and there is no chief deputy clerk to perform such duties,
notwithstanding local law, the judges of the superior court of the judicial
circuit by a majority vote shall appoint an interim deputy clerk who shall hold
the office of clerk during the term of court and for ten days thereafter. If a
majority of the judges do not agree to the selection of the interim deputy
clerk, the chief judge of the superior court shall select the interim deputy
clerk. Any act which the chief deputy clerk or the appointed clerk does during
such time which the clerk could have done shall be
valid."
SECTION
1-7.
Said
title is further amended by revising Code Section 15-6-56, relating to election
to fill vacancy, term of office, and filling of vacancies in counties with chief
deputy clerk, as follows:
"15-6-56.
(a)
When a vacancy occurs or in anticipation of a vacancy, the judge of the probate
court of the county where it happens shall give notice in one or more of the
public newspapers of the county, if any, and at the courthouse, and at three or
more of the most public places of the county 20 days prior to the date of
election, which date shall be set by him.
(b)
The person elected on such date shall hold office for the unexpired term of his
predecessor. The returns of the election must be made to the Governor, who must
commission the clerk.
(c)
In any county in which the position of chief deputy clerk has been created by
law or in which a chief deputy clerk has been appointed pursuant to Code Section
15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if
a vacancy occurs. The chief deputy clerk shall serve until January 1 following
the next general election which is held more than 60 days after the date the
vacancy occurs; provided, however, that in no event shall the chief deputy clerk
serve past the date that the successor is qualified immediately upon the
expiration of the term of office in which the vacancy was created. If a portion
of the original term will remain unexpired after January 1, then a person to
fill the vacancy for the remainder of the unexpired term shall be elected at
such general election. In any such case, the other provisions of law for
filling such a vacancy shall not apply. The provisions of this subsection shall
only be applicable to the clerk of the superior court and shall not be
applicable to other county officers
Reserved."
SECTION
1-8.
Said
title is further amended by revising subsection (a) of Code Section 15-6-58,
relating to oath of office, as follows:
"(a)
The clerks of
the
superior courts, before entering upon the discharge of their duties, whether
appointed, elected, or acting by operation of law besides the oath required of
all civil officers, must take and subscribe to the following oath:
'I
do swear or
affirm that I will truly and faithfully
enter and record all the orders, decrees, judgments, and other proceedings of
the Superior Court of the County of
________,
and all other matters and things which
I am
required by law
ought by me
to be recorded
to
record; and that I will faithfully and
impartially discharge and perform all the duties required of me, to the best of
my understanding. So help me God.'"
SECTION
1-9.
Said
title is further amended by revising Code Section 15-6-59, relating to bond and
appointment of deputies, as follows:
"15-6-59.
(a)
The
clerks
clerk
of each
of the superior
courts,
except those appointed by a judge of the superior court and those becoming clerk
by operation of law, shall execute bond in
the sum of
$25,000.00
$150,000.00,
which amount may be increased in any county by local Act
or by an
ordinance or resolution of the governing
authority.
(b)
The clerks of
the
superior courts shall have the power to appoint a deputy or deputies and
may,
upon making such appointment, shall
require from
him or
them
such
deputies a bond with good security. The
deputies shall take the same oaths as the clerks do before entering upon the
discharge of their duties.
The oath shall
be administered by the clerk of superior court and recorded on the minutes of
the superior court.
Their
powers
Powers
and duties of
deputy clerks shall be the same as those
of the clerks, as long as their principals continue in office and not longer,
for faithful performance of which they and their securities shall be bound. The
clerks of
the
superior courts shall also have the authority to appoint one of their deputies
as chief deputy clerk
unless
otherwise provided by local
law."
SECTION
1-10.
Said
title is further amended by revising Code Section 15-6-61, relating to duties of
clerks generally, use of computerized record-keeping system, and printed copies
of the grantor and grantee indices, as follows:
"15-6-61.
(a)
It is the duty of a clerk of superior court:
(1)
To keep the clerk's office and all things belonging thereto at the county site
and at the courthouse or at such other place or places as authorized by
law;
(2)
To attend to the needs of the court
in
through
the performance of the duties of the clerk
required and
enumerated by law, or as defined in court order, or
rules;
(3)
To issue and sign every summons, writ, execution, process, order, or other paper
under authority of the court and attach seals thereto when necessary. The clerk
shall be authorized to issue and sign under authority of the court any order to
show cause in any pending litigation and any other order in the nature of a rule
nisi, where no injunctive or extraordinary relief is granted;
(4)
To keep in the clerk's office the following
dockets or
books:
(A)
An automated civil case management system which shall contain separate case
number entries for all civil actions filed in the office of the clerk, including
complaints, proceedings, Uniform Interstate Family Support Act actions, domestic
relations, contempt actions, motions and modifications on closed civil actions,
and all other actions civil in nature except adoptions;
(B)
An automated criminal case management system which shall contain a summary
record of all criminal indictments in which true bills are rendered and all
criminal accusations filed in the office of
the
clerk of superior court. The criminal case management system shall contain
entries of other matters of a criminal nature filed with the clerk, including
quasi-civil proceedings and entries of cases which are ordered dead docketed at
the discretion of the presiding judge and which shall be called only at the
judge's pleasure. When a case is thus dead docketed, all witnesses who may have
been subpoenaed therein shall be released from further attendance until
resubpoenaed; and
(C)
A docket, file, series of files, book or series of books, microfilm records, or
electronic data base for recording all deeds, liens, executions, lis pendens,
maps and plats, and all other documents concerning or evidencing title to real
or personal property. When any other law of this state refers to a general
execution docket, lis pendens docket, or attachment docket, such other law shall
be deemed to refer to the docket or other record or records provided for in this
subparagraph,
regardless of the format used to store such
docket;
(5)
To keep all the books, papers, dockets, and records belonging to the office with
care and security and to keep the papers filed, arranged, numbered, and labeled,
so as to be of easy reference;
(6)
To keep at the clerk's office all publications of the laws of the United States
furnished by the state and all publications of the laws and journals of this
state, all statute laws and digests, this Code,
which shall be
paid for from county or law library funds,
the Supreme Court and Court of Appeals reports, and all other law books or other
public documents distributed to
him
the
clerk, for the public's convenience;
provided, however,
that
the clerk may consent that these publications be maintained in the public law
library;
(7)
To procure a substantial seal of office with the name of the court and the
county inscribed
thereon, if
this has not already been
done;
(8)
To make out and deliver to any applicant, upon payment to the clerk of legal
fees, a correct transcript, properly certified, of any minute, record, or file
of the clerk's office except for such records or documents which are, by
provision of law, not to be released;
(9)
Upon payment of legal fees to the clerk, to make out a transcript of the record
of each case to be considered by the Supreme Court or the Court of Appeals and a
duplicate thereof numbered in exact accordance with the numbering of the pages
of the original transcript of the record to be transmitted to the Supreme Court
and the Court of Appeals;
(10)
To make a notation on all conveyances
or
of real or
personal property, including
liens,
of the
day
date and
time they were
left to
be recorded, which shall be evidence of
the facts stated.
Beginning
July 1, 1998, all
All
liens or conveyances
left to be
filed shall
presented to
the clerk for filing shall be on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch
paper or the digital equivalent and shall
have a three-inch margin at the top to allow space for the clerk's notation
required by this paragraph.
If any lien
or conveyance shall be presented for filing without sufficient margin, the clerk
shall attach a piece of paper sufficient to give such margin at the top of the
filing. Such notation
The clerk
shall not record any instrument or document conveying real or personal property,
including liens, that is not prepared as required by this paragraph. The
notation required by this paragraph may be
made by the clerk or the clerk's deputy or employee by written signature,
facsimile signature,
or
mechanical
printing, or
electronic signature or
stamp;
(11)
To attest deeds and other written instruments for registration;
(12)
To administer all oaths required by the court
or that may
otherwise be required by law and to record
all oaths required by law;
(13)
To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its
designated agent within 24 hours of filing of any financing statement, amendment
to a financing statement, assignment of a financing statement, continuation
statement, termination statement, or release of collateral, by facsimile or
other electronic means, such information and in such form and manner as may be
required by the Georgia Superior Court Clerks' Cooperative Authority, for the
purpose of including such information in the central indexing system
administered by such authority; provided, however, that weekends and holidays
shall not be included in the calculation of the 24 hour period;
(14)
To remit to the Georgia Superior Court Clerks' Cooperative Authority a portion
of all fees collected with respect to the filings of financing statements,
amendments to financing statements, assignments of financing statements,
continuation statements, termination statements, releases of collateral, or any
other documents related to personal property and included in the central index,
in accordance with the rules and regulations of such authority regarding the
amount and payment of such fees; provided, however, that such fees shall be
remitted to the authority not later than the tenth day of the month following
the collection of such fees, and the clerk shall not be required to remit such
fees more often than once a week;
(15)
To participate in the state-wide uniform automated information system for real
and personal property records, as provided for by Code Sections 15-6-97 and
15-6-98, and any network established by the Georgia Superior Court Clerks'
Cooperative Authority relating to the transmission and retrieval of electronic
information concerning real estate and personal property data for any such
information systems established by such authority so as to provide for public
access to real estate and personal property information, including liens filed
pursuant to Code Section 44-2-2 and maps and plats. Each clerk of
the
superior court shall provide to the authority or its designated agent in
accordance with the rules and regulations of the authority such real estate
information concerning or evidencing title to real property and such personal
property information or access to such information which is of record in the
office of clerk of
the
superior court and which is necessary to establish and maintain the information
system, including information filed pursuant to Code Section 44-2-2 and maps and
plats. Each clerk of
the
superior court shall provide and transmit real estate and personal property
information filed in the office of
the
clerk of superior court, including information required by Code Section 44-2-2
and maps and plats, to the authority for testing and operation of the
information system at such times and in such form as prescribed by the
authority;
(15.1)(16)
To participate in any network established by the Georgia Superior Court Clerks'
Cooperative Authority relating to the transmission and retrieval of electronic
information concerning carbon sequestration results and related transactions for
any such information systems established by such authority for purposes of the
carbon sequestration registry established pursuant to Article 5 of Chapter 6 of
Title 12, so as to provide for public access to carbon sequestration registry
information. Each clerk of
the
superior court shall provide to the authority or its designated agent in
accordance with the rules and regulations of the authority such information
evidencing carbon sequestration results and related transactions and access to
such information which is of record in the office of clerk of
the
superior court and which is necessary for purposes of the carbon sequestration
registry. Each clerk of
the
superior court shall provide and transmit carbon sequestration results and
related transaction information filed in the office of
the
clerk of superior court to the authority for testing and operation of the
electronic information system for the carbon sequestration registry at such
times and in such form as prescribed by the authority. Each clerk shall charge
and collect such fees as may be established by the Georgia Superior Courts
Clerks' Cooperative Authority, which shall be paid into the county treasury less
and except any sums as are otherwise directed to be paid to the authority, all
in accordance with rules and regulations adopted by the authority pursuant to
Code Section 15-6-97.2;
(16)(17)
To file and transmit all civil case filing and disposition forms required to be
filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of
Code Section 9-11-58;
(17)(18)(A)
To transmit to the Superior Court Clerks' Cooperative Authority within 30 days
of filing the civil case filing and disposition forms prescribed in Code Section
9-11-133.
(B)
To electronically collect and transmit to the Georgia Superior Court Clerks'
Cooperative Authority all data elements required in subsection (g) of Code
Section 35-3-36 in a form and format required by the Superior Court Clerks'
Cooperative Authority and The Council of Superior Court Clerks of Georgia.
The
electronic collection and transmission of data shall begin no later than January
1, 2002. The data transmitted to the
authority pursuant to this Code section shall be transmitted to the Georgia
Crime Information Center in satisfaction of the clerk's duties under subsection
(g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission
who
which
shall provide the data to the Administrative Office of the Courts for use of the
state judicial branch. Public access to said data shall remain the
responsibility of the Georgia Crime Information Center. No release of collected
data shall be made by or through the authority;
(18)(19)
To participate in agreements, contracts, and networks necessary or convenient
for the performance of
the
duties
provided in
paragraphs (16) and (17) of this
subsection
required by
law;
(19)(20)
To perform such other duties
as are or
may be required by law or as necessarily
appertain to the office of clerk of
the
superior court; and
(20)(21)
To keep an automated, computer based jury management system that facilitates the
maintenance of the county master jury list pursuant to the provisions of Chapter
12 of this title unless this duty is delegated to a jury clerk as provided in
subsection (a) of Code Section 15-12-11 or subsection (b) of Code Section
15-12-23.
(b)
Nothing in this Code section shall restrict or otherwise prohibit a clerk from
electing to store for computer retrieval any or all records, dockets, indices,
or files; nor shall a clerk be prohibited from combining or consolidating any
books, dockets, files, or indices in connection with the filing for record of
papers of the kind specified in this Code section or any other law, provided
that any automated or computerized record-keeping method or system shall provide
for the systematic and safe preservation and retrieval of all books, dockets,
records, or indices. When the clerk of superior court elects to store for
computer retrieval any or all records, the same data elements used in a manual
system shall be used, and the same integrity and security maintained.
Regardless of the automated or computerized system elected, each clerk shall
maintain and make readily available to the public
complete,
printed copies of the real estate grantor
and grantee
indices, which
shall be updated
regularly,
and
prepared in compliance with paragraph (15) of subsection (a) of this Code
section and Code Section 15-6-66.
A clerk of
superior court shall be deemed to satisfy the provisions of subsection (c) of
Code Section 50-18-70 when on-site, electronic access to computerized indices of
county records is provided to the public during regular business hours and in
compliance with this Code
section."
SECTION
1-11.
Said
title is further amended by revising Code Section 15-6-62, relating to
additional duties, as follows:
"15-6-62.
(a)
The clerk of
the
superior court is required to record all the proceedings relating to any civil
action or criminal case within six months after the final determination of the
case. Such recording may be in well-bound books, on microfilm, or in digital
format. If a clerk elects to record proceedings on microfilm or in digital
format, he or she shall make available to the public a machine for reading and
reproducing such microfilmed or digitally formatted records. If a clerk elects
to record proceedings in digital format, the provisions of Code Section
15-6-62.1 shall apply.
(b)
Every clerk of
the
superior or
city courts must record immediately in his book of final
records
court shall
record, microfilm, or digitally image for the purpose of permanently
preserving:
(1)
Every part of the pleadings in every case;
(2)
All garnishments, affidavits, bonds, and answers thereto;
(3)
All attachment affidavits, bonds, and writs of attachment; and
(4)
All claim affidavits and bonds and all bonds given in any judicial
proceeding.
The
No
clerk shall
not
allow any
of such
papers
record
to be taken from his
or
her office before recording them as
required in this Code section.
Such record
shall constitute a part or all of the final record of the papers required by law
to be made, as the case may be.
(c)
If any subsequent paper in the case is recorded, the clerk shall make a
reference at the foot of the record required in this Code section, to the page
where such subsequent record may be found and shall also state the case in the
index to the book of record and shall enter the number of the pages on which the
same is to be found.
(d)(c)
Where any paper
so
recorded becomes lost or destroyed, a
certified copy thereof from the clerk of
the
superior
court may be substituted. No fee shall be charged or collected for any such
copy if the loss of the same is caused by or results from any negligence or
fault of the clerk.
(e)
Any clerk who fails to discharge the duties set forth in this Code section is
subject to be fined by the presiding judge, on his own motion, for a contempt
whenever the judge discovers that the clerk has failed to discharge his duties.
It shall be the duty of the judges of the several superior courts to give this
law specially in charge to the grand juries and to require them to inform the
court whether or not the clerk has performed the duties specified as aforesaid.
However, clerks shall not be punished for contempt under this Code section until
after the paper or papers required to be recorded have been filed for three
months.
(f)(d)
This Code section shall not apply to cases dismissed and settled before the
record is made."
SECTION
1-12.
Said
title is further amended by revising subsections (a) and (b) of Code Section
15-6-66, relating to grantor-grantee index, as follows:
"(a)
The clerk of
the
superior court shall provide at the expense of each county a suitable duplex
index book, or a series of books, or a card index, or a microfilm record,
or
an electronic data base,
or an
electronic, computer-based document management
system, or any combination of one or more
of such systems, in which shall be indexed the name of the grantor and grantee
of every instrument recorded pursuant to subparagraph (a)(4)(C) of Code Section
15-6-61,
such index to.
Such index shall include the character of
the instrument, the book or location of the record, and the date of filing
and to
include the time of filing if not otherwise reflected in the
record.
(b)
The name of the grantor
as
listed in the index shall be the name of the owner of the title which such
instrument purports to convey or affect, whether the instrument was executed by
the owner or by some other person, firm, or corporation on behalf of such owner,
and whether or not such owner is deceased."
SECTION
1-13.
Said
title is further amended by revising Code Section 15-6-67, relating to
recordation of maps and plats, and specifications, as follows:
"15-6-67.
(a)
The clerk of
the
superior court shall file and record in his
or
her office maps or plats relating to real
estate in the county.
(b)
Maps or plats to be filed and recorded in the office of
the
clerk of
the
superior court shall be prepared in accordance with the
following
minimum standards and specifications
adopted in the
rules and regulations of the State Board of Registration for Professional
Engineers and Land Surveyors:
(1)
Material.
(A)
Any such maps or plats shall be a good legible
copy, such
as a blue, white, or
other
commercial print reproduced from an original.
(B)
The minimum
line widths and letter or character heights delineated on such maps or plats
shall be as follows:
(i)
Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings
shall have a minimum line width of 0.010 inches and a minimum letter or
character height of 0.080 inches;
(ii)
Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line
width of 0.010 inches and minimum letter or character height of 0.080 inches;
or
(iii)
Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall
have a minimum line width of 0.013 inches and a minimum letter or character
height of 0.080 inches.
(C)
In counties using microfilming procedures, when a map or plat is filed for
record the original drawing, which shall not be larger than 24 inches by 36
inches, shall be submitted to the clerk for microfilming and a legible copy,
which shall not be larger than 17 inches by 22 inches, shall be filed for
record; provided, however, that a full-size positive copy of the original may be
tendered and used for microfilming. The
clerk shall enter
manually or
electronically the filing date, plat book
number, and page number on the
original
drawing
plats and
shall cause the same information to be entered electronically on the digital
copy presented for filing and
shall
return
the
an
original
drawing
physical copy
of the plat with the filing information on
it to the land surveyor or the person
filing the same for
record. The
clerk shall permanently retain the original physical and digital copy of the
plat. Both the filing information and plat shall serve as evidence of the
original drawing. The physical copy, the digital copy, or both may be displayed
to the public in compliance with Code Section
15-6-68;
(2)
Caption.
The
maps
Maps
or plats shall have a title or name which shall be contained in the caption, and
the caption shall also provide the following information:
(A)
The county, city, town, or village, land district and land lot, and subdivision,
if the property lies within a particular subdivision;
(B)
The date of plat preparation
and the date
of the field survey;
(C)
The scale, stated and shown graphically;
(D)
The name, address, telephone number, and registration number of the land
surveyor or the statement that he
or
she is the county surveyor and is not
required by law to be a registered surveyor; and
(E)
All reproductions of original maps or plats shall bear the original signature,
in
black
a contrasting
color of ink, of the registrant placed
across the registration seal in order to be a valid or recordable map or
plat. The
provisions of this subparagraph shall apply to all maps or plats that are sealed
by a land surveyor which depict and describe real property boundaries. Maps and
plats which do not meet the requirements of this subparagraph shall not be
sealed nor recorded;
(3)
Size.
Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger
than can be
recorded without folding;
24 inches by
36 inches, provided that the clerk shall be authorized to file maps or plats in
compliance with this subparagraph. When an original map or plat is submitted to
the clerk for filing and recordation, the clerk shall be authorized to accept
the plat for recordation only upon receiving a minimum of two properly signed
reproductions of the original physical plat and a digital copy that has been
created at full scale, properly signed and in an electronic format acceptable by
the Georgia Superior Court Clerks' Cooperative Authority. The digital copy
shall be submitted via media approved by the clerk.
(4)
Data.
Maps or plats shall be made in a professional manner and in accordance with the
standards of good drafting procedures and shall show the following information,
as specified:
(A)
All maps or plats shall show the direction and distance from a point of
reference to a point on the boundary of the individual survey, and such
additional data as may be required to relocate the boundary point from the point
of reference with the same degree of accuracy required of the parcel surveyed.
The point of reference shall be an established, monumented position which can be
identified or relocated from maps, plats, or other documents on public
record;
(B)
All maps or plats of boundary surveys or subdivision surveys shall show bearings
of all lines of the boundary or lot lines, and distances of all boundary or lot
lines, and area of the parcels expressed in acres or square feet;
(C)
All maps or plats of boundary surveys shall show the closure precision of the
field survey as the ratio of one foot to the traversed distance in which an
error of one foot would occur and a statement as to the method of adjustment.
The closure may be stated as follows:
'The
field data upon which this map or plat is based has a closure precision of one
foot in ______ feet, and an angular error of ______ per angle point, and was
adjusted using ______ rule';
(D)
All maps or plats of boundary surveys shall show the closure precision of the
data shown on the map or plat. The closure may be stated as
follows:
'This
map or plat has been calculated for closure and is found to be accurate within
one foot in ______ feet';
(E)
All maps or plats shall show the width and the former widths, if pertinent, of
all rights of way adjacent to or crossing the property or adjacent to any point
of reference;
(F)
All maps or plats shall show easements and apparent encroachments, if
pertinent;
(G)
In the case of curved lines, the curve shall be defined by curve data to include
the radius, arc length, chord bearing, and distance for regular curves. Chord
distances and directions shall be given for irregular curves;
(H)
All land lot lines, land district lines, land section lines, and city, county,
and state boundaries intersecting or adjacent to the surveyed property shall be
indicated by lines drawn upon the map or plat with appropriate words and
figures;
(I)
All corner markers and markers of pertinent reference points shall be fully
described and indicated as to their material or types and shall be constructed
of a permanent material such as iron, steel, concrete, or stone;
(J)
An arrow shall be shown on the map or plat to indicate the principal meridian,
and a notation shall be made as to the reference of bearings to magnetic north,
astronomic north, or grid north. A grid north reference shall indicate the
zone;
(K)
All linear distances shown on maps or plats shall be horizontal;
(L)
All angular directions shown on maps or plats shall be represented in degrees
and minutes. Where plats state or surveys require accuracy in excess of 1 in
5,000, the angular directions shall be represented in degrees, minutes, and
seconds. All angular directions shall be referenced to the principal
meridian;
(M)
A statement shall be shown on the map or plat to indicate the type of equipment
used to obtain the linear and angular measurements used in the preparation of
the map or plat; and
(N)
All maps or plats shall show the state plane coordinates of at least two
permanent monuments thereon, when a National Geodetic Survey monument is within
500 feet of any point on the property mapped or platted, or any point of
reference shown thereon.
(c)
If the plat meets the requirements of subsections (b) and (d) of this Code
section, it shall be the duty of the clerk of
the
superior court to file and record such
map
or plat
or
blueprint, tracing, photostatic copy, or other copy of a map
or
and digital
image of such plat.
(d)
Whenever the municipal planning commission, the county planning commission, the
municipal-county planning commission, or, if no such planning commission exists,
the appropriate municipal or county governing authority prepares and adopts
subdivision regulations, and upon receiving approval thereon by the appropriate
governing authority, then no plat of subdivision of land within the municipality
or the county shall be filed or recorded in the office of
the
clerk of
the
superior court of a county without the approval thereon of the municipal or
county planning commission or governing authority and without such approval
having been entered in writing on the plat by the secretary
or other
designated person of the municipal or
county planning commission or governing authority. The clerk of
the
superior court shall not file or record a plat of subdivision which does not
have the approval of the municipal or county planning commission or governing
authority as required by this subsection. Notwithstanding any other provision
of this subsection to the contrary, no approval
of the
municipal or county planning commission or governing
authority shall be required if no new
streets or roads are created or no new utility improvements are required or no
new sanitary sewer or approval of a septic tank is required. Any plat of survey
containing thereon a certification from
the
a
licensed surveyor that the provisions relative to this subsection do not require
approval of
the municipal or county planning commission or governing
authority shall entitle said plat to
record. Any
licensed surveyor who fraudulently certifies that a plat of survey does not
require the approval specified in this subsection shall be guilty of a
misdemeanor."
SECTION
1-14.
Said
title is further amended by revising Code Section 15-6-68, relating to display
of maps and plats, index, land lot record, and notation of date and time on face
of plat, as follows:
"15-6-68.
(a)
The clerk of each superior court shall provide
appropriate
binders, not less than 18 inches by 24 inches in size, in which the maps or
plats or prints thereof referred to in Code Section 15-6-67 shall be placed
without the necessity of folding in any manner. One of the binders and the
prints therein contained shall be open to the general public for inspection, as
are all other public records in the clerk's office. Alternatively, in those
counties using microfilm procedures, the clerk thereof shall take such steps as
are necessary to provide access to the same
information
books,
binders, or any other alternative system, either manual or electronic, for
providing public access to maps and plats. For all electronic images of plats
submitted to the clerk on or after July 1, 2012, the clerk shall provide
necessary equipment for printing either an entire full-size copy of each
recorded plat or copies of sections of each entire recorded plat, printed in
full scale.
(b)
The clerk of
the
superior court shall
also
provide an
appropriate
index book, or a series of index books, or a card index, or a microfilm record,
or an electronic data base, or any combination of one or more of such systems,
in which shall be indexed all such
electronic,
computer-based indexing system in which shall be indexed
all maps or plats under the caption or
name of the subdivision, if any, under the name of the owner or owners of the
property mapped or platted, and also under the land lot number and district
number if the land lies in that portion of the state which has been surveyed
into land lots and districts.
(c)
In counties of this state that are divided into land
lots,
the clerk of
superior
court shall
maintain a
record for each individual
provide an
electronic, computer-based system for maintaining and searching a record for
each land lot
and land
district by listing all surveys made for
each lot and where they are recorded.
(d)
The clerk shall note the date and time of the filing of a plat for record on the
face of the plat."
SECTION
1-15.
Said
title is further amended by revising Code Section 15-6-73, relating to
destruction of obsolete records, as follows:
"15-6-73.
(a)
Clerks of
the
superior court
are
shall
be authorized, from time to time, to
destroy books containing records of instruments conveying personal property
only, including bills of sale, mortgages, conditional sales contracts, retention
title contracts, and bills of sale to secure debt,
which
records are over 15
whenever the
records are older than five years of
age.
(b)
Every clerk of
the
superior court
or city
court is
shall
be, from time to time, authorized to
destroy original
civil
pleadings which have been recorded in the minutes or writ books of the court in
every civil case which has been finally terminated for 20 years or more, except
cases involving divorce, titles to land, legitimation of a child or children,
and proceedings for adoption."
SECTION
1-16.
Said
title is further amended by revising Code Section 15-6-74, relating to
preservation of newspapers containing advertisements, as follows:
"15-6-74.
(a)
The clerk of
the
superior court is required to procure and preserve for public inspection a
complete file of all newspaper issues in which
his
legal
advertisements
actually
appear
are
published.
(b)
The issues of the newspapers so preserved shall be bound, microfilmed,
photostated,
or
photographed,
or digitally imaged in a format approved by the
clerk and such newspapers, microfilm,
photographs, or
photostatic
copies
thereof
shall be maintained
within the
county courthouse
and made
available to the public for a period of
not less than 50 years, after which time the newspapers, microfilm, photographs,
or other
photostatic copies may be destroyed, at the discretion of the clerk of the
superior court
or copies
thereof shall be preserved for historical purposes in electronic or micrographic
format.
(c)
The clerk of
the
superior court is authorized to enter into an agreement with either the judge of
the probate court or the sheriff of the county, or both, relative to the
binding, retention, microfilming, photographing, or
photostating
digital
imaging of the newspapers and their
preservation and retention, in which event it shall be necessary that only one
set of newspapers or copies thereof shall be retained in the county courthouse.
Such set of newspapers or copies thereof shall include copies of the newspaper
issues in which the clerk's advertisements appear and the newspaper issues in
which the advertisements which the judge of the probate court or the sheriff, or
both, are required to preserve and retain appear. The agreement shall specify
the person who shall maintain and preserve the newspapers, microfilm,
photographs, or
photostatic
digital
copies.
(d)
Upon the request of a clerk of superior court, any journal or newspaper
declared, made, or maintained as the official organ of any county for the
publication of sheriff's sales, citations of probate court judges, or any other
advertising commonly known in terms of 'official or legal advertising' shall
provide to the clerk of superior court copies of such journal or newspaper
containing legal advertisements, in digital format, as required by the clerk,
when the clerk shall be required to comply with provisions of subsection (a) or
(b) of this Code section. The copies shall be provided to the clerk, the judge
of the probate court, and the sheriff by January 31 of the year following the
year in which the newspaper served as the official legal organ of the county.
The ability of a journal or newspaper to provide copies digitally or
electronically may be a qualification by the clerk of superior court, the
probate judge, and the sheriff in designating a journal or newspaper as the
official legal organ of the
county."
SECTION
1-17.
Said
title is further amended by revising Code Section 15-6-79, relating to payment
of unpaid costs in felony cases, as follows:
"15-6-79.
In
all of the counties of this state in which superior court clerks are paid on a
fee basis, all unpaid costs arising from services rendered in felony cases,
including transcripts to appellate courts under indigency affidavits, which are
due clerks of the superior courts shall be paid from county funds after each
term of court by order of the judge approving same, whether the defendant is
convicted or acquitted
Reserved."
SECTION
1-18.
Said
title is further amended by revising Code Section 15-6-80, relating to payment
of transcript costs to clerk before transmittal, as follows:
"15-6-80.
In
all cases certified to the appellate courts, the costs for preparing the
transcript of the record shall be paid by the appellant to the clerk before the
same is transmitted unless the
judge
presiding over the case being appealed approves an affidavit submitted to the
judge by the appellant
makes
affidavit that he
certifying
that the appellant is unable to pay such
costs or
give
security therefor
upon the
appellant providing adequate security for such
costs."
SECTION
1-19.
Said
title is further amended by revising Code Section 15-6-82, relating to removal
of superior court clerks, charges, and trial, as follows:
"15-6-82.
A
clerk of the superior court is subject to be removed from office by the judge of
the court for any sufficient cause, including incapacity or misbehavior in
office. The charges must be exhibited to the court in writing, and the facts
tried by a jury. The clerk shall be entitled to a copy of the charges three days
before trial.
(a)
Whenever the Governor determines that an investigation of a clerk of superior
court of this state should be made as a result of criminal charges, alleged
misconduct in office, or alleged incapacity of the clerk of superior court to
perform the functions of his or her office, the Governor shall appoint an
investigative committee consisting of two clerks of superior court who are
members of The Council of Superior Court Clerks of Georgia and the Attorney
General to conduct an investigation. Such clerks of superior court may be from
any two counties in the state other than the county of the clerk of superior
court under investigation. The members of any such committee shall receive no
compensation for their services but shall be reimbursed for any expenses
incurred in connection with an investigation. The funds necessary to conduct an
investigation shall come from the funds appropriated to the executive branch of
the state government.
(b)
Any member of the committee shall be authorized to administer oaths to any
witness before the committee. The committee shall make a report of its
investigation to the Governor within 30 days from the date of the appointment of
both clerk members by the Governor.
(c)
If the committee recommends the suspension of the clerk of superior court, the
Governor shall be authorized to suspend the clerk of superior court for a period
of up to 60 days. In any case where a clerk of superior court has been
suspended for 60 days, the Governor may extend the period of suspension for an
additional 30 days. Upon such recommendation, the Governor shall also be
authorized to request the district attorney of the county of the clerk's
residence to bring a removal petition against the clerk in superior court based
upon the evidence reported by the committee. After the filing of such petition,
a clerk of superior court is subject to being removed from office by the judge
of the court for any sufficient cause, including incapacity or misbehavior in
office. The charges must be exhibited to the court in writing, and the facts
tried by a jury. The clerk shall be entitled to a copy of the charges three
days before trial. In the event that the Governor determines that further
investigation should be made, the Governor may then order additional
investigation by the committee, the Georgia Bureau of Investigation, other law
enforcement agencies of this state, or any special committee appointed by the
Governor for such purpose. During any period of suspension, the clerk shall
continue to hold office; however, the chief deputy clerk shall perform the
duties of the clerk of superior court or, in the absence of a chief deputy
clerk, an interim clerk shall be appointed as provided in paragraph (1) of
subsection (b) of Code Section 15-6-53 to perform the duties of the clerk during
the period of suspension.
(d)
If the clerk of superior court is indicted for a felony, the provisions of Code
Section 45-5-6 shall
apply."
SECTION
1-20.
Said
title is further amended by revising Code Section 15-6-86, relating to location
of clerk's office in place other than courthouse, storage of records in
different location, and county documents exception, as follows:
"15-6-86.
(a)
In the event that the space at the courthouse is inadequate for the clerk's
office and the things belonging thereto, the clerk, in writing, may request the
governing authority of the county to move his or her office to some other
designated place in the county. In his or her request, the clerk shall state
the inadequacy which exists. The governing authority
is
shall
be authorized to comply with the request
and
may
but may
only designate another place as the office
of the clerk
with the
approval of the clerk. Such place must be
owned by the county or a body politic and shall not be more than 500 feet from
the courthouse at their nearest points.
The
judge
Notwithstanding
local law, the judges of the superior
court of the
judicial
circuit in
which the county is located or the chief judge in those circuits having more
than one judge
by a majority
vote must give written consent before the
clerk shall be authorized to move his or her office to such
place;
provided, however, that failing a majority agreement the chief judge of the
judicial circuit shall make such
determination.
(b)
In the event that space at the courthouse or other place where the office of the
clerk is located is inadequate to ensure the safe storage of
archival or
inactive records, the clerk, after
obtaining written
permission
approval
from the governing authority of the county
and from
the superior court judge of the circuit in which the county is located or the
chief judge in those circuits having more than one
judge, may cause the records to be stored
at a data storage and retrieval facility within the State of Georgia. The clerk
shall give public notice of the place of storage by posting notice at the
courthouse. If documents are stored
outside the
county where the documents were created
in any place
other than the location where the documents were created, filed, or
recorded, the government entity
shall:
(1)
Bear all costs of transporting such documents back to the county of origin for
purposes of responding to requests under Article 4 of Chapter 18 of Title 50,
relating to inspections of public records; and
(2)
Provide by contract for:
(A)
Specific retrieval times in which documents requested shall be delivered;
and
(B)
Payment of additional fees by the person requesting the document from the clerk
for expedited service.
(c)(1)
Subject to the requirements of paragraph (2) of this subsection,
in
In
a county where the county site is located in an unincorporated area of the
county and the county governing authority has constructed one or more permanent
satellite courthouses within the county and has further designated each such
structure as a courthouse annex or has otherwise established each such structure
as an additional courthouse to the courthouse located at the county site, the
clerk of superior court shall be authorized to maintain his or her offices and
all things belonging thereto including the permanent records at one of the
additional courthouse locations or at the courthouse at the county site. The
clerk of superior court may, but
is
shall
not
be
required to, maintain a satellite office at an additional courthouse which is
not the location of the clerk of superior court's main office where the
permanent records are kept.
No one may for
any purpose remove records of the clerk of superior court from the courthouse or
the clerk's satellite office without the written consent of the clerk; provided,
however, that a judge or the judge's designee may check out a record or file for
a case assigned to such judge upon providing a written receipt for such record
or file to the clerk.
(2)
The judge of the superior court of the circuit in which the county is located,
or the chief judge if the county is a part of a circuit having more than one
judge, must give written consent for the relocation or additional office, or
both, and the county governing authority shall provide the necessary office
space at the alternate or additional location, or both.
(d)
Notwithstanding any other provision of this Code section, county documents, as
defined in subsection (c) of Code Section 36-9-5, shall be stored only in
accordance with the provisions of Code Section 36-9-5."
SECTION
1-21.
Said
title is further amended by revising Code Section 15-6-87, relating to use of
photostatic and photographic equipment, as follows:
"15-6-87.
(a)
The clerk
of the superior court of any county of this state may install and use
photostatic or other photographic equipment, including microfilm photographic
equipment, and electronic or computer equipment for use in the filing,
docketing, recording, copying, binding, indexing, certification, and furnishing
of copies, including certified copies, of any and all instruments, records, and
proceedings or parts of the same of record or on file in the clerk's office,
with the consent and permission only of the county governing authority. The
equipment and supplies for the same may be provided by the proper and respective
county authorities out of county funds.
The county
governing authority shall supply all fixtures, supplies, and equipment necessary
for the proper functioning of the office of clerk of superior
court.
(b)
All provisions of law relating to the filing, docketing, recording, keeping,
copying, binding, indexing, certification, and furnishing of copies of records,
including certified copies, and those provisions relating to the amount of fees
of officers in connection therewith, as far as may be consistent with this Code
section, shall apply to such
photostatic
and
digital,
photographic,
and electronic records and
copies.
(c)
The provisions of this Code section for the installation and use of the
equipment enumerated in subsection (a) of this Code section shall be construed
as permissive only and are cumulative of other laws. However, should such
equipment be purchased as authorized in this Code section, the use of the
equipment shall be mandatory insofar as practical.
(d)
This Code section shall not be construed to change or repeal any rule of court
or provision of law relating to records on appeal or review in the courts of
this state."
SECTION
1-22.
Said
title is further amended by repealing Code Section 15-6-87.1, relating to
participation in state-wide county computerized information network and
authorized fees, as follows:
"15-6-87.1.
Provided
that the General Assembly appropriates the necessary funds for the establishment
and operation of a state-wide county computerized information network, each
clerk of a superior court shall participate in the network so as to provide
local public access to any information which is filed with the Secretary of
State pursuant to Title 14 and which is available through such a computerized
information network. The network may be developed to provide each clerk of a
superior court with additional public information. Each clerk of a superior
court shall be authorized, but not required, to charge and collect a fee of not
more than $2.00 for the first page and 50¢ per page for each additional
page to recover the cost of providing a printed copy of any information which is
available through the computerized information
network."
SECTION
1-23.
Said
title is further amended by revising Code Section 15-6-88.1, relating to
adjustment of schedule for certain counties containing federal land, as
follows:
"15-6-88.1.
In
any county in which more than 70 percent of the population of the county
according to the United States decennial census of 1980 or any future such
census resides on property of the United States government which is exempt from
taxation by this state, the population of the county for purposes of Code
Section 15-6-88 shall be deemed to be the total population of the county minus
the population of the county which resides on property of the United States
government.
Reserved."
SECTION
1-24.
Said
title is further amended by revising Code Section 15-6-89, relating to
additional remuneration for certain services, as follows:
"15-6-89.
In
addition to the minimum salary provided in Code Section 15-6-88 or any other
salary provided by any applicable general or local law, each clerk of
the
superior court of any county who also serves as clerk of a state court,
city
court
classified as
a municipal court but funded through appropriations of the county governing
authority, juvenile court,
or
civil court under any applicable general or local law of this state or who
performs duties pursuant to paragraph (1) of subsection (a) of Code Section
15-12-1.1 shall receive for his or her services in such other court a salary of
not less than $323.59 per month, to be paid from the funds of the county. In
the event any such court for which a clerk of
the
superior court is serving as clerk is abolished, the clerk of
the
superior court shall not be entitled to any salary heretofore received for
service in such court."
SECTION
1-25.
Said
title is further amended by revising Code Section 15-6-92, relating to
continuation of fee system, as follows:
"15-6-92.
Code
Sections 15-6-88 through 15-6-91 and this Code section shall not be construed so
as to place any clerk of the superior court who is on the fee system of
compensation on April 1, 1973, on a salary system of compensation. Any clerk
who is compensated under the fee system of compensation on April 1, 1973, shall
continue to receive compensation under the fee system of compensation until
local legislation is enacted by the General Assembly placing such clerk on an
annual salary equal to or greater than the minimum annual salary provided for in
Code Sections 15-6-88 through 15-6-91 and this Code
section.
Reserved."
SECTION
1-26.
Said
title is further amended by revising Code Section 15-6-93, relating to office
hours, as follows:
"15-6-93.
(a)
Except as provided in this Code section, the office of each clerk of
the
superior court shall be open to conduct business Monday through Friday from at
least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time
during such hours.
(b)
Any office of
a
clerk of
a
superior court which is open for operation on Saturday may close on one day
Monday through Friday for a period of time equal to that period of time during
which the office is open on Saturday. Nothing in this Code section shall be
construed as requiring any office of
a
clerk of
a
superior court to be open on any public
and
holiday,
legal holiday
or,
day of rest
which,
or other similar time that is recognized
and designated as such by Georgia law or by the governing authority of the
county.
(c)
This Code section shall only apply to the office of
a
clerk of
a
superior court if there is employed in that office at least one employee other
than the clerk.
(d)
In any county of this state having a population of fewer than 10,000 persons
according to the United States decennial census of 1980 or any future such
census, the clerk of superior court may close such office for a designated lunch
period if all other county offices in the county courthouse simultaneously close
for a lunch period. The period of closing of the clerk's office shall coincide
with the period for closing the other county offices.
(e)
Nothing in this Code section shall be construed to require the office of
the
clerk of
the
superior court to be open if all other county offices are closed because of
inclement weather
or any other
reason.
(f)
When it is necessary for the clerk of superior court to conduct necessary
training of employees, the clerk may close his or her office for up to eight
hours during any six-month period, provided that he or she gives at least ten
days' notice to the public, or sooner with the approval of the chief judge of
the superior court, prior to such closing, and provided, further, that there are
no proceedings scheduled in superior court during the time of the closing.
Proceedings shall include all civil or criminal hearings or trials, whether or
not a jury is required.
(g)
When the clerk's office is closed for training purposes, the period of closure
shall be deemed a legal holiday for such office and, therefore, all deadlines
provided for by law for filing in the clerk's office any pleading, process,
summons answer, or other document shall be extended to the next regular business
day of the clerk's office. 'Business day' means a day on which the clerk's
office is open for business and shall not include any Saturday, Sunday, or legal
holiday officially observed by the office as provided in this Code
section."
SECTION
1-27.
Said
title is further amended by adding a new Code section to read as
follows:
"15-6-100.
No
agreement by a clerk to acquire services, supplies, or equipment authorized by
this article that requires expenditure of county funds may be entered into
unless the funds to be obligated are included in the budget of the county for
the operation of the clerk's office at the time of the execution of such
agreement."
SECTION
1-28.
Said
title is further amended by revising Code Section 15-10-87, relating to
magistrate court filing fees to be transferred upon transfer of case to state or
superior court, as follows:
"15-10-87.
(a)
When any case is transferred from the magistrate court to the state court or
superior court, the magistrate court shall transmit to the state court clerk or
superior court clerk the filing fee paid to the magistrate court. The state
court clerk or superior court clerk shall file the case without further deposit
against costs or filing fee, but as between the parties the costs shall be as in
other cases in the state court or superior court.
This
subsection shall only apply to actions filed on or before June 30,
2012.
(b)
When any case is transferred from the magistrate court to the state court or
superior court, the magistrate court shall transmit to the state court clerk or
superior court clerk the filing fee paid to the magistrate court. The state
court clerk or superior court clerk shall file the case without further deposit
against costs or filing fee; provided, however, that all costs and filing fees
shall be paid by the parties within 30 days. Failure to pay such costs and
filing fees shall result in a dismissal of the transferred case unless there is
good cause shown. The magistrate court clerk shall transmit to the clerk of the
state court or superior court a certified copy of the contents of the entire
file for the case being transferred. This subsection shall only apply to
actions filed on or after July 1,
2012."
SECTION
1-29.
Said
title is further amended by revising subsection (a) of Code Section 15-13-33,
relating to the table of fees to be kept, as follows:
"(a)
Every public official
must
shall
constantly keep
and have
posted in a conspicuous place in his
or
her office
or,
the place where
he usually
executes the business thereof
is conducted,
or in an electronic format accessible to the
public a table of
his
fees for his
or her office stated in fair words and
figures.
On failure
to do so, he shall forfeit $1.00 per day for every day he so neglects, to be
recovered at the action of any informer. The informer shall be entitled to keep
the entire recovery."
SECTION
1-30.
Said
title is further amended by revising Code Section 15-13-36, relating to
restrictions on superior or state court clerks charging fees for certified
copies of records, as follows:
"15-13-36.
No
clerk of any superior court or state court shall charge any fee for providing
any certified copy of any record or portion thereof requested by a
solicitor,
solicitor-general, district attorney, or assistant
district
prosecuting
attorney in
this state for use in any criminal
case."
SECTION
1-31.
Said
title is further amended by revising Code Section 15-16-11, relating to
disposition of books, as follows:
"15-16-11.
All
books which the sheriff is required to keep, after becoming full, must be
deposited in the office of the clerk of the superior court to be kept as are
other books of record; provided, however, that records which the sheriff is
required to keep and which are computerized shall be maintained and stored for
computer retrieval in the office of
sheriff
Reserved."
SECTION
1-32.
Code
Section 36-9-5 of the Official Code of Georgia Annotated, relating to erection,
repair, and furnishing of county buildings and storage of documents, is amended
by revising paragraph (2) of subsection (c) as follows:
"(2)
A county officer, the county board of tax assessors, or any other officer of the
county having the responsibility or custody of any county documents set forth in
paragraph (1) of this subsection shall, at night or when the county office is
closed, keep such county documents:
(A)
In a fireproof safe or vault;
(B)
In fireproof cabinets;
(C)
On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of
Title 50, only if a security copy has been sent to the Georgia State Archives;
or
(D)
At a location not more than 100 miles from the county in a data storage and
retrieval facility approved by the county governing authority within the State
of Georgia which is in a building or facility which is in compliance with the
fire safety standards applicable to archives and record centers as established
by the National Fire Protection Association in Standard No. 232, as such
standard was adopted on August 11, 1995. If documents are stored outside the
county where the documents were created, the government entity shall bear all
costs of transporting such documents back to the county of origin for purposes
of responding to requests under Article 4 of Chapter 18 of Title 50, relating to
inspections of public records. Such documents shall be made available to the
requester;
or
(E)
On any other electronic imaging medium that facilitates retrieval of such
documents via electronic means, provided that such medium enables conversion of
such documents to future electronic imaging technologies and provided that such
custodian creates a daily computer-based backup of all archival documents stored
on such medium."
SECTION
1-33.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
by revising subsection (a) of Code Section 44-2-14, relating to requirements for
recordation, as follows:
"(a)
Except for
documents electronically filed as provided for in Chapter 12 of Title 10, and in
other Code sections in this part, before
Before
any deed to realty or personalty or any mortgage, bond for title, or other
recordable instrument executed in this state may be recorded, it
must
shall
be an original
instrument and shall be attested or
acknowledged as provided by law. However, nothing in this Code section shall
dispense with another witness where an additional witness is required. This
Code section shall not apply to transactions covered by Article 9 of Title
11."
SECTION
1-34.
Said
title is further amended by revising Code Section 44-2-26, relating to recording
of a plat or a copy of a plat, as follows:
"44-2-26.
The
owner of real property or of any interest therein or any holder of a lien
thereon may have a plat of the property or a blueprint, tracing,
photostatic
digital
copy, or other copy of a plat of the property recorded and indexed in the office
of the clerk of the superior court of the county in which the property or any
part thereof is located. It shall be the duty of the clerk to record and index
any plat or any blueprint, tracing,
photostatic
digital
copy, or other copy of the plat
that conforms
with Code Section
15-6-67."
SECTION
1-35.
Said
title is further amended by revising Code Section 44-5-30, relating to
requisites of deeds to lands, as follows:
"44-5-30.
Except
for documents electronically filed as provided for in Chapter 12 of Title 10 and
Part 1 of Article 1 of Chapter 2 of this title,
a
A
deed to lands
must
shall
be an original
document, in writing, signed by the maker,
and attested by at least two witnesses. It
must
shall
be delivered to the purchaser or his
or
her representative and be made on a good
or valuable consideration. The consideration of a deed may always be inquired
into when the principles of justice require it."
SECTION
1-36.
Said
title is further amended by revising Code Section 44-14-4, relating to the
procedure for cancellation of mortgage, as follows:
"44-14-4.
Any
mortgagor who has paid off his
or
her mortgage may present the paid mortgage
to the clerk of the superior court of the county or counties in which the
mortgage instrument is recorded, together with the order of the mortgagee or
transferee directing that the mortgage be canceled. After payment of the fee
authorized by law, the clerk shall index and record, in the same manner as the
original mortgage instrument is recorded, the canceled and satisfied mortgage
instrument or such portion thereof as bears the order of the mortgagee or
transferee directing that the mortgage be canceled, together with any order of
the mortgagee or transferee directing that the mortgage be canceled. The clerk
shall show on the index of the cancellation and on the cancellation document the
deed book and page number where the original mortgage instrument is recorded.
The clerk shall
manually or
through electronic means record across the
face of the mortgage instrument the words 'satisfied' and 'canceled' and the
date of the entry and shall sign his
or
her name thereto officially. The clerk
shall also
manually or
electronically make a notation on the
record of the mortgage to indicate where the order of the cancellation is
recorded."
SECTION
1-37.
Said
title is further amended by revising Code Section 44-14-364, relating to the
release of a lien upon filing of bond, as follows:
"44-14-364.
(a)
When any person entitled under this part to claim a lien against any real estate
located in this state files his or her lien in the office of the clerk of the
superior court of the county in which the real estate is located, the owner of
the real estate or the contractor employed to improve the property may, before
or after foreclosure proceedings are instituted, discharge the lien
by filing a
bond in the office of that clerk
upon the
approval of a bond by the clerk of superior
court. The bond shall be conditioned to
pay to the holder of the lien the sum that may be found to be due the holder
upon the trial of any lien action that may be filed by the lienholder to recover
the amount of his or her claim within 365 days from the time the claim of lien
is filed. The bond shall be in double the amount claimed under that lien and
shall be either a bond with good security approved by the
clerk of
the court
clerk of
superior court or a cash bond, except in
cases involving a lien against
residential
property
the owner's
domicile, in which event the bond shall be
in the amount claimed under the lien.
An owner or
contractor may be required to provide supporting data to the clerk to prove the
value of domiciled property when such property serves as a bond to discharge a
lien provided for in this Code section.
Upon the
filing
approval by
the clerk of the bond provided for in this
Code section, the real estate shall be discharged from the lien.
For purposes
of this subsection, the term 'domicile' means the established, fixed, permanent,
or ordinary dwelling place of the owner.
(b)
Within seven days of filing
such
the
bond required
by subsection (a) of this Code section and
any attachments, the party filing
the
such
bond shall send a notice of filing such bond and a copy of the bond by
registered or certified mail or statutory overnight delivery to the lien
claimant at the address stated on the lien or, if no such address is shown for
the lien claimant, to the person shown as having filed such lien on behalf of
the claimant at the indicated address of such person or, if the bond is filed by
a contractor, to the owner of the property, provided that whenever the lien
claimant or the owner is an entity on file with the Secretary of State's
Corporations Division, sending the notice of filing such bond and a copy of the
bond to the company's address or the registered agent's address on file with the
Secretary of State shall be deemed sufficient; provided, however, that the
failure to send the notice of filing the bond and copy of the bond shall not
invalidate the bond for purposes of discharge of a claim of lien under this Code
section. With respect to property bonds, the clerk shall not accept any real
property bond unless the real property is scheduled in an affidavit attached
thereto setting forth a description of the property and indicating the record
owner thereof, including any liens and encumbrances and amounts thereof, the
market value, and the value of the sureties' interest therein, which affidavit
shall be executed by the owner or owners of the interest; the bond and affidavit
shall be recorded in the same manner and at the same cost as other deeds of real
property. So long as the bond exists, it shall constitute a lien against the
property described in the attached affidavit.
(b)(c)
The clerk of the superior court shall have the right to rely upon the amount
specified in the claim of lien in determining the sufficiency of any bond to
discharge under this Code section. The failure to specify both the amount
claimed due under the lien and the date said claim was due shall result in such
lien not constituting notice for any purposes.
(d)
The clerk of the superior court shall be held harmless for good faith regarding
any discretionary act in connection with approval of any bond provided for in
this Code section."
SECTION
1-38.
Chapter
18 of Title 50 of the Official Code of Georgia Annotated, relating to state
printing and documents, is amended by revising subsection (c) of Code Section
50-18-70, relating to inspection of public records, as follows:
"(c)
Any
Except as
provided in subsection (b) of Code Section 15-6-61,
any computerized index of a county real
estate deed records shall be printed
or made
available through electronic means for
purposes of public inspection no less than every 30 days and any correction made
on such index shall be made a part of the printout
or made
available through electronic means and
shall reflect the time and date that said index was
corrected."
SECTION
1-39.
Said
chapter is further amended by revising subsection (a) of Code Section 50-18-98,
relating to title to records and access to records of constitutional officers,
as follows:
"(a)
Title to any record transferred to the Georgia State Archives as authorized by
this article shall be vested in the division. The division shall not destroy
any record transferred to it by an agency without consulting with the proper
official of the transferring agency prior to submitting a retention schedule
requesting such destruction to the State Records Committee. Access to records
of constitutional officers shall be at the discretion of the constitutional
officer who created, received, or maintained the records, but no limitation on
access to such records shall extend more than 25 years after creation of the
records. As
used in this Code section, the term 'constitutional officer' means the Governor,
Lieutenant Governor, Secretary of State, Attorney General, State School
Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or
Commissioner of Labor."
SECTION
1-40.
Said
chapter is further amended by revising Code Section 50-18-120, relating to the
authority for establishment of microform standards, as follows:
"50-18-120.
The
authority for the establishment of microform standards shall be vested in the
State Records Committee. All powers and duties of the State Records Committee
as provided in Article 5 of this chapter shall be applicable to the
establishment and maintenance of microform standards in this state. With
respect to microform standards for the courts, the concurrence of
the
Administrative Office of the Courts
The Council of
Superior Court Clerks of Georgia and the Judicial Council of
Georgia shall be required for the
establishment of such standards."
PART
II
SECTION 2-1.
SECTION 2-1.
Code
Section 1-3-1 of the Official Code of Georgia Annotated, relating to
construction of statutes generally, is amended by revising division
(d)(2)(A)(ii), as follows:
"(ii)
Code Sections 15-6-88 through
15-6-92
15-6-91;"
SECTION
2-2.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising subsection (c) of Code Section 15-1-10, relating to removal and storage
of court records, as follows:
"(c)
With the prior written consent of the governing authority of the county or
municipality and the prior written consent of the chief judge, judge of the
probate court, or chief magistrate of the affected court, the clerk of each
superior court, state court, probate court, magistrate court, juvenile court, or
municipal court in this state is authorized, but not required, to create and
maintain digital copies of records, pleadings, orders, writs, process, and other
documents submitted to or issued by the court in criminal, quasi-criminal,
juvenile, or civil proceedings or in any proceedings involving the enforcement
of ordinances of local governments. All digital copies created pursuant to this
subsection shall be accurate copies of the original documents and shall be
stored and indexed in such manner as to be readily retrievable in the office of
the clerk during normal business hours. It shall be the duty of the clerk to
provide and maintain software and computers, readers, printers, and other
necessary equipment in sufficient numbers to permit the retrieval, duplication,
and printing of such digitally stored documents in a timely fashion when copies
are requested. A copy of such digitally stored document retrieved by the clerk
shall be admissible in all courts in the same manner as the original document.
If a backup copy is created pursuant to the process prescribed by subsections
(b),
and
(c), and
(d) of Code Section 15-6-62, the clerk is
authorized to destroy the original document. This subsection shall not apply to
documents or records which have been ordered sealed by the court nor to
documents which are placed in evidence in a proceeding. The costs of creating
and storing digital copies of documents and providing the necessary software and
equipment to retrieve and reproduce such documents shall be paid from funds
available for the operation of the court. The provisions of this subsection
shall constitute an additional and alternative method of records management and
shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or
15-6-87."
SECTION
2-3.
Said
title is further amended by revising Code Section 15-6-57, relating to election
to break a tie, as follows:
"15-6-57.
Should
any two or more candidates at an election to fill a vacancy in the office of
superior court clerk, or at a regular election, have the highest and an equal
number of votes, the judge of the probate court shall set a date and advertise
another election in the manner prescribed in Code Section
15-6-56
15-6-53
and shall do so until a choice is made."
SECTION
2-4.
Said
title is further amended by revising subsections (b), (c), and (d) of Code
Section 15-6-90, relating to longevity increases, as follows:
"(b)
The minimum salaries provided for in Code Sections 15-6-88 and 15-6-89, this
Code section, and Code
Sections
Section
15-6-91 and
15-6-92 shall be considered as salary
only. Expenses for deputy clerks, equipment, supplies, copying equipment, and
other necessary and reasonable expenses for the operation of a clerk's office
shall come from funds other than the funds specified as salary in such Code
sections.
(c)
This Code section shall not be construed to affect any local legislation, except
where such local legislation provides for a salary lower than the salary
provided in Code Sections 15-6-88 and 15-6-89, this Code section, and Code
Sections
Section
15-6-91 and
15-6-92, in which event such Code sections
shall prevail.
(d)
Code Sections 15-6-88 and 15-6-89, this Code section, and Code
Sections
Section
15-6-91 and
15-6-92 shall not be construed to reduce
the salary of any clerk of
the
superior court presently in office."
SECTION
2-5.
Said
title is further amended by revising Code Section 15-6-91, relating to the
effect of salary provisions on local legislation, as follows:
"15-6-91.
All
local legislation in effect on April 1, 1973, or enacted subsequent to April 1,
1973, and affecting compensation for clerks of
the
superior courts of the various counties shall be of full force and effect except
where such local legislation provides for a salary lower than the salary
provided in Code Sections 15-6-88 through
15-6-90,
and
this Code section,
and Code
Section 15-6-92, in which event such Code
sections shall prevail."
SECTION
2-6.
Said
title is further amended by revising subsection (b) of Code Section 15-16-8,
relating to filling the vacancy in the office of sheriff, as
follows:
"(b)
If the probate
judge fails to appoint a qualified person to discharge the duties of the sheriff
until the vacancy is filled
In case
there is a failure to appoint, as set forth in Code Section
15-6-54, the coroner of the county shall
act as sheriff. If there is no coroner, the sheriff of any adjoining county is
authorized to act as sheriff until the
probate
judge of
the probate court makes the appointment or
an election is held."
SECTION
2-7.
Said
title is further amended by revising subsection (b) of Code Section 15-16-10,
relating to duties of the sheriff and electronic storage, as
follows:
"(b)
If any sheriff or deputy fails to comply with any provision of subsection (a) of
this Code section, he
or
she shall be fined for a contempt as the
clerk of
the
superior court is fined in similar cases. Code Section
15-6-82, as
to removal,
15-16-26
shall also apply to sheriffs."
SECTION
2-8.
Said
title is further amended by revising subsection (c) of Code Section 15-16-26,
relating to investigation of charges against the sheriff, as
follows:
"(c)
If the committee recommends the suspension of the sheriff, the Governor shall be
authorized to suspend the sheriff for a period of up to 60 days. In any case
where a sheriff has been suspended for 60 days, the Governor may extend the
period of suspension for an additional 30 days. Upon such recommendation, the
Governor shall also be authorized to request the district attorney of the county
of the sheriff's residence to bring a removal petition against the sheriff
pursuant to subsection (b) of Code Section 15-16-10 and Code Section
15-6-82
15-16-26
based upon the evidence reported by the committee. In the event that the
Governor determines that further investigation should be made, he
or
she may then order additional
investigation by the committee, by the Georgia Bureau of Investigation, by other
law enforcement agencies of this state, or by any special committee appointed by
the Governor for such purpose."
SECTION
2-9.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising paragraph (5) of subsection (c) of Code Section 42-1-12,
relating to the State Sexual Offender Registry, as follows:
"(5)
Keep all records of sexual offenders in a secure facility
in accordance
with Code Sections 15-1-10, 15-6-62, and
15-6-62.1 until official proof of death of
a registered sexual offender; thereafter, the records shall be destroyed
in
accordance with Code Sections 15-1-10, 15-6-62, and
15-6-62.1."
SECTION
2-10.
Said
title is further amended by revising subsection (c) of Code Section 42-4-4,
relating to duties of sheriff as to inmates and failure to comply, as
follows:
"(c)
Any sheriff or deputy who fails to comply with this Code section shall be fined
for contempt, as is the clerk of the superior court in similar cases. The
sheriff or deputy shall also be subject to removal from office as prescribed in
Code Section
15-6-82
15-16-26."
PART
III
SECTION 3-1.
SECTION 3-1.
Chapter
12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is
amended by enacting a new Code Section 15-12-40 to read as follows:
"15-12-40.
Any
person who has been convicted of a felony in a state or federal court who has
not had his or her civil rights restored and any person who has been judicially
determined to be mentally incompetent shall not be eligible to serve as a trial
juror."
SECTION
3-2.
Said
chapter is further amended by revising subsection (e) of Code Section
15-12-40.1, relating to the state-wide master jury list, driver's license
information, list of registered voters, and random list of persons to comprise
venire, as follows:
"(e)
On and after July 1, 2012, in each county, upon court order, the clerk shall
choose a random list of persons from the county master jury list to comprise the
venire;
provided, however, that jurors summoned prior to July 1, 2012, shall remain
eligible to comprise the
venire."
SECTION
3-3.
Said
chapter is further amended by revising Code Section 15-12-60, relating to the
qualifications of grand jurors, as follows:
"15-12-60.
(a)
Except as
provided in subsection (b) of this Code section, all
citizens
Any
citizen of this state 18 years of age or
older who
are not
incompetent because of mental illness or mental retardation and who
have
has
resided in the county for at least six months preceding the time of service
shall be
qualified
eligible
and liable to serve as
a
grand
jurors
unless otherwise exempted by law
juror.
(b)
The
following persons shall not be eligible to serve as grand jurors:
(1)
Any person who holds any elective office in state or local government or who has
held any such office within a period of two years preceding the time of service
as a grand
juror;
and
(2)
Any person who has been convicted of a felony and who has not been pardoned or
had his or her civil rights restored
shall not be
eligible to serve as a grand
juror.
(c)
Any person who has been convicted of a felony in a state or federal court who
has not had his or her civil rights restored and any person who has been
judicially determined to be mentally incompetent shall not be eligible to serve
as a grand juror."
PART
IV
SECTION 4-1.
SECTION 4-1.
All
laws and parts of laws in conflict with this Act are repealed.