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stand repealed on the same date if funds are not appropriated.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. |