Select a different bill



HB 0927 - "Appellate Jurisdiction Reform Act of 2016"; enact

Tracking Level: Passed
Sponsor: Coomer, Christian 14th
Last Action: 7/1/2016 - Effective Date
House Committee: Judy
Senate Committee: JUDY
Assigned To:
02. Supreme CourtNext Bill
03. Court of AppealsNext Bill
12. All CourtsNext Bill
Court TechnologyNext Bill

Staff Analysis of the Legislation

            HB 927 seeks to amend Title 15 of the O.C.G.A. relating to courts. The Act shall be known as the “Appellate Jurisdictional Reform Act of 2016.”

            The bill revises Code Section 15-2-19 by permitting individuals who have graduated from law school but who is not a member of the state bar to be appointed as a law assistant for the Supreme Court so long as he or she is admitted to the bar of this state within one year of such appointment. Code Section 15-3-9 applies the same policy to the Court of Appeals.

            Code Section 15-3-1 updates to permit to Court of Appeals to rule for certain cases to be heard and determined by more than a single division and the manner in which those Judges will be selected for such cases. In this instance, 9 Judges are necessary to constitute a quorum. New subsection (d) asserts that the Court of Appeals shall provide by rule for the establishment of precedent and the manner in which prior decisions of the court may be overruled.

            New Code Section 15-3-3.1 delineates instances in which the Court of Appeals shall have appellate jurisdiction rather than the Supreme Court to include cases involving: titles to land, all equity cases except those in which a sentence to death was or could be imposed and executed, all cases involving wills, all cases involving extraordinary remedies except those also concerning a death sentence, all divorce and alimony cases, and all other cases not reserved to the Supreme Court or conferred on other courts.

            Code Section 15-2-10 is revised to account for the additional justiceships created in 2016. They shall be appointed by the governor for a term beginning January 1, 2017 and continuing through December 31, 2018 and until their successors are elected and qualified. The successors shall be elected in a nonpartisan election in 2018 for a term of 6 years beginning on January 1, 2019.

            Subsection (a) of Code Section 15-2-16 is amended to require 5 instead of 4 Justices for the rendition of a judgment.

            Code Section 15-2-7 is revised to restructure the Supreme Court term starting and ending dates.

            Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II of this Act shall become effective on July 1, 2016. Part III of this Act shall become effective on January 1, 2017. Part IV of this Act shall become effective if funds are appropriated on July 1, 2016 though shall stand repealed on the same date if funds are not appropriated. Part V of this Act shall become effective on December 5, 2016. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text