TITLE 15 COURTS

Section 6. Superior Courts, 15-6-1 through 15-6-100.

ARTICLE 1 GENERAL PROVISIONS

15-6-2. Number of judges.

The number of judges for each of the superior courts for each of the judicial circuits shall be as follows: (1) Alapaha Circuit ..................................................2 (2) Alcovy Circuit ...................................................5 (2.1) Appalachian Circuit ............................................3 (3) Atlanta Circuit .................................................20 (4) Atlantic Circuit .................................................4 (5) Augusta Circuit ..................................................8 (5.1) Bell-Forsyth Circuit ...........................................3 (6) Blue Ridge Circuit ...............................................3 (7) Brunswick Circuit ................................................5 (8) Chattahoochee Circuit ............................................7 (9) Cherokee Circuit .................................................4 (10) Clayton Circuit .................................................5 (11) Cobb Circuit ...................................................10 (12) Conasauga Circuit ...............................................4 (13) Cordele Circuit .................................................3 (14) Coweta Circuit ..................................................7 (15) Dougherty Circuit ...............................................3 (15.1) Douglas Circuit ...............................................3 (16) Dublin Circuit ..................................................3 (17) Eastern Circuit .................................................6 (17.1) Enotah Circuit ................................................3 (18) Flint Circuit ...................................................3 (19) Griffin Circuit .................................................4 (20) Gwinnett Circuit ...............................................10 (21) Houston Circuit .................................................3 (22) Lookout Mountain Circuit ........................................4 (23) Macon Circuit ...................................................5 (24) Middle Circuit ..................................................2 (25) Mountain Circuit ................................................2 (26) Northeastern Circuit.............................................5 (27) Northern Circuit ................................................3 (28) Ocmulgee Circuit ................................................5 (29) Oconee Circuit ..................................................3 (30) Ogeechee Circuit ................................................3 (31) Pataula Circuit .................................................2 (31.1) Paulding Circuit ..............................................3 (32) Piedmont Circuit ................................................4 (32.1) Rockdale Circuit ..............................................2 (33) Rome Circuit ....................................................4 (34) South Georgia Circuit ...........................................2 (35) Southern Circuit ................................................5 (36) Southwestern Circuit ............................................3 (37) Stone Mountain Circuit .........................................10 (38) Tallapoosa Circuit ..............................................2 (39) Tifton Circuit ..................................................2 (40) Toombs Circuit ..................................................2 (40.1) Towaliga Circuit ..............................................2 (41) Waycross Circuit ................................................4 (42) Western Circuit ..................................................4

(Ga. L. 1982, p. 3, § 15; Ga. L. 1982, p. 428, §§ 1, 5; Ga. L. 1982, p. 434, § 1; Ga. L. 1982, p. 436, § 1; Ga. L. 1982, p. 439, §§ 1, 4; Ga. L. 1982, p. 501, §§ 1, 2; Ga. L. 1983, p. 761, § 3; Ga. L. 1984, p. 22, § 15; Ga. L. 1984, p. 434, § 1; Ga. L. 1984, p. 451, § 5; Ga. L. 1984, p. 469, § 1; Ga. L. 1984, p. 472, § 1; Ga. L. 1986, p. 160, § 1; Ga. L. 1986, p. 163, § 1; Ga. L. 1986, p. 417, § 1; Ga. L. 1986, p. 423, § 4; Ga. L. 1987, p. 279, § 9; Ga. L. 1987, p. 331, § 1; Ga. L. 1987, p. 410, § 1; Ga. L. 1987, p. 1145, § 1; Ga. L. 1988, p. 223, § 1; Ga. L. 1988, p. 234, § 1; Ga. L. 1989, p. 180, § 1; Ga. L. 1989, p. 188, § 1; Ga. L. 1989, p. 196, § 1; Ga. L. 1989, p. 200, § 1; Ga. L. 1989, p. 203, § 1; Ga. L. 1989, p. 205, § 1; Ga. L. 1990, p. 471, § 1; Ga. L. 1990, p. 474, § 1; Ga. L. 1990, p. 489, § 1; Ga. L. 1990, p. 497, § 2; Ga. L. 1991, p. 276, § 1; Ga. L. 1991, p. 278, § 1; Ga. L. 1991, p. 280, §§ 1, 12; Ga. L. 1991, p. 288, § 1; Ga. L. 1992, p. 328, § 1; Ga. L. 1992, p. 1668, § 1; Ga. L. 1992, p. 1786, § 3; Ga. L. 1992, p. 2067, § 1; Ga. L. 1992, p. 2776, §§ 1, 12; Ga. L. 1995, p. 1077, § 1; Ga. L. 1998, p. 220, §§ 2, 3; Ga. L. 1999, p. 40, § 1; Ga. L. 1999, p. 49, § 1; Ga. L. 1999, p. 67, §§ 13, 14; Ga. L. 2000, p. 205, § 1; Ga. L. 2001, p. 1060, §§ 1, 2; Ga. L. 2002, p. 405, §§ 3-2, 3-3; Ga. L. 2002, p. 851, § 1; Ga. L. 2005, p. 964, § 1-1/HB 97; Ga. L. 2006, p. 1024, § 1-1/HB 1073; Ga. L. 2007, p. 695, § 1-1/HB 118; Ga. L. 2008, p. 491, § 1-1/HB 1163; Ga. L. 2012, p. 166, § 1-1/SB 356; Ga. L. 2013, p. 570, §§ 1-1, 2-1/HB 451; Ga. L. 2014, p. 189, §§ 1-1, 2-1/HB 742; Ga. L. 2015, p. 919, § 2-2/HB 279; Ga. L. 2016, p. 183, § 1/HB 804; Ga. L. 2017, p. 191, § 1/HB 138.)

The 2013 amendment, effective May 6, 2013, for purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, and effective July 1, 2013, for all other purposes, substituted "7" for "6" in paragraph (8) and substituted "3" for "2" in paragraph (29).

The 2014 amendment, effective April 15, 2014, for purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, and effective July 1, 2014, for all other purposes, substituted "7" for "6" in paragraph (14) and substituted "4" for "3" in paragraph (41).

The 2015 amendment substituted "4" for "3" in paragraph (42). See editor's note for effective date.

The 2016 amendment, effective July 1, 2016, substituted "5" for "4" at the end of paragraph (10).

The 2017 amendment, effective January 1, 2018, substituted "5" for "4" at the end of paragraph (26).

Cross references.

- Authority of General Assembly with regard to designation of number of judges for judicial circuits, Ga. Const. 1983, Art. VI, Sec. I, Para. VII.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, paragraph (18.1) was redesignated as paragraph (5.1).

Editor's notes.

- Ga. L. 1999, p. 40, §§ 2-5, not codified by the General Assembly, provided for the appointment of an additional judge to the Northeastern Judicial Circuit as authorized by paragraph (26) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 1999, p. 49, §§ 2-9, not codified by the General Assembly, provided for the appointment of an additional judge to the Southwestern Circuit as authorized by paragraph (36) and provided for terms, election of successors, powers, duties, jurisdiction, privileges, immunities, compensation, salary, county supplement, expense allowance, and other similar matters.

Ga. L. 1999, p. 67, §§ 1-10, not codified by the General Assembly, provided for the creation of the Towaliga Judicial Circuit, for the offices of the judge and district attorney, for transfer of pending litigation from the superior courts of Butts, Lamar, and Monroe counties, and other similar matters.

Ga. L. 2000, p. 205, §§ 2-6, not codified by the General Assembly, provided for the appointment of an additional judge to the Atlanta Judicial Circuit as authorized by paragraph (3) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2000, p. 205, §§ 7-10, not codified by the General Assembly, provided for the appointment of an additional judge to the Bell-Forsyth Judicial Circuit as authorized by paragraph (5.1) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2000, p. 205, §§ 11-17, as amended by Ga. L. 2013, p. 570, § 4-1/HB 451, and by Ga. L. 2013, p. 896, § 1/HB 506, not codified by the General Assembly, provided for the appointment of an additional judge to the Chattahoochee Judicial Circuit as authorized by paragraph (8) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2000, p. 205, §§ 18-22, not codified by the General Assembly, provided for the appointment of an additional judge to the Cobb Judicial Circuit as authorized by paragraph (11) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2000, p. 205, §§ 23-28, not codified by the General Assembly, provided for the appointment of an additional judge to the Tallapoosa Judicial Circuit as authorized by paragraph (38) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2000, p. 205, §§ 29-32, not codified by the General Assembly, provided for the appointment of an additional judge to the Towaliga Judicial Circuit as authorized by paragraph (40.1) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2001, p. 1060, §§ 3-7, not codified by the General Assembly, provided for the appointment of an additional judge to the Augusta Judicial Circuit as authorized by paragraph (5) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2001, p. 1060, §§ 8-16, not codified by the General Assembly, provided for the appointment of an additional judge to the Gwinnett Judicial Circuit as authorized by paragraph (20) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2001, p. 1060, §§ 17-22, not codified by the General Assembly, provided for the appointment of an additional judge to the Rome Judicial Circuit as authorized by paragraph (33) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2001, p. 1060, §§ 23-26, not codified by the General Assembly, provided for the appointment of an additional judge to the Atlanta Judicial Circuit as authorized by paragraph (3) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2002, p. 851, §§ 2-8, not codified by the General Assembly, provided for the appointment of an additional judge to the Alcovy Judicial Circuit as authorized by paragraph (2) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2005, p. 964, §§ 2-1 through 6-11/HB 97, not codified by the General Assembly, provided for the appointment of an additional judge to the Appalachian Judicial Circuit as authorized by paragraph (2.1), the Cherokee Judicial Circuit as authorized by paragraph (9), the Flint Judicial Circuit as authorized by paragraph (18), the Gwinnett Judicial Circuit as authorized by paragraph (20), and the Southern Judicial Circuit as authorized by paragraph (35) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2006, p. 1024, §§ 2-1 through 7-10/HB 1073, not codified by the General Assembly, provided for the appointment of an additional judge to the Blue Ridge Judicial Circuit, the Coweta Judicial Circuit, the Houston Judicial Circuit, and the Paulding Judicial Circuit and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2006, p. 1024, § 8-1/HB 1073, not codified by the General Assembly, provides that nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

Ga. L. 2007, p. 695, §§ 2-1 through 2-5/HB 118, not codified by the General Assembly, provided for the appointment of an additional judge to the Cobb Judicial Circuit as authorized by paragraph (11) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2007, p. 695, §§ 3-1 through 3-7/HB 118, not codified by the General Assembly, provided for the appointment of an additional judge to the Cordele Judicial Circuit as authorized by paragraph (13) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2007, p. 695, §§ 4-1 through 4-11/HB 118, not codified by the General Assembly, provided for the appointment of an additional judge to the Dublin Judicial Circuit as authorized by paragraph (16) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2007, p. 695, §§ 5-1 through 5-10/HB 118, not codified by the General Assembly, provided for the appointment of an additional judge to the Enotah Judicial Circuit as authorized by paragraph (17.1) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2007, p. 695, §§ 6-1 through 6-9/HB 118, as amended by Ga. L. 2012, p. 166, § 4-1/SB 356, not codified by the General Assembly, provided for the appointment of an additional judge to the Gwinnett Judicial Circuit as authorized by paragraph (20) and provided for terms, election of successors, powers, duties, dignity, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2007, p. 695, § 7-1/HB 118, not codified by the General Assembly, provides: "Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia."

Ga. L. 2008, p. 491, §§ 2-1 through 4-10/HB 1163, as amended by Ga. L. 2010, p. 566, §§ 1-3/HB 1140, not codified by the General Assembly, provided for the appointment of an additional judge to the Alcovy Judicial Circuit as authorized by paragraph (2), the Atlanta Judicial Circuit as authorized by paragraph (3), and the Brunswick Judicial Circuit as authorized by paragraph (7) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2008, p. 491, § 5-1/HB 1163, not codified by the General Assembly, provides: "Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia."

Ga. L. 2012, p. 166, §§ 2-1 through 2-9/SB 356, not codified by the General Assembly, provided for the appointment of an additional judge to the Bell-Forsyth Judicial Circuit as authorized by paragraph (5.1) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2012, p. 166, §§ 3-1 through 3-10/SB 356, not codified by the General Assembly, provided for the appointment of an additional judge to the Piedmont Judicial Circuit as authorized by paragraph (32) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2012, p. 166, § 5-1/SB 356, not codified by the General Assembly, provides: "Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia."

Ga. L. 2013, p. 570, §§ 1-2 through 1-4/HB 451, not codified by the General Assembly, provided for the appointment of an additional judge to the Chattahoochee Judicial Circuit, thereby increasing to seven the number of judges of said circuit.

Ga. L. 2013, p. 570, §§ 2-2 through 2-4/HB 451, not codified by the General Assembly, provided for the appointment of an additional judge to the Oconee Judicial Circuit, thereby increasing to three the number of judges of said circuit.

Ga. L. 2014, p. 189, §§ 1-2 through 1-11/HB 742, not codified by the General Assembly, provided for the appointment of an additional judge to the Coweta Judicial Circuit as authorized by paragraph (14) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2014, p. 189, §§ 2-2 through 2-13/HB 742, not codified by the General Assembly, provided for the appointment of an additional judge to the Waycross Judicial Circuit as authorized by paragraph (41) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2015, p. 919, §§ 2-2 through 2-13/HB 279, not codified by the General Assembly, provided for the appointment of an additional judge to the Western Judicial Circuit as authorized by paragraph (42) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2015, p. 919, § 4-1(c)/HB 279, not codified by the General Assembly, provides that: "(c)(1) For purposes of making the initial appointments of the judge to fill the superior court judgeship created by Part II of this Act, Part II of this Act shall become effective upon its approval by the Governor or its becoming law without such approval.

"(2) For all other purposes, Part II of this Act shall become effective on April 1, 2016." This Act was signed by the Governor on May 6, 2015.

Ga. L. 2016, p. 183, §§ 2 through 11/HB 804, not codified by the General Assembly, provided for the appointment of an additional judge to the Clayton Judicial Circuit as authorized by paragraph (10) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Ga. L. 2017, p. 191, §§ 2 through 5/HB 138, not codified by the General Assembly, provided for the appointment of an additional judge to the Northeastern Circuit as authorized by paragraph (26) and provided for terms, election of successors, powers, duties, dignities, jurisdiction, privileges, immunities, and other similar matters.

Law reviews.

- For article, "Annual Survey of Georgia Law: June 1, 2015 - May 31, 2016: Special Contribution: Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals," see 68 Mercer L. Rev. 1 (2016).

JUDICIAL DECISIONS

Challenge under the Voting Rights Act (42 U.S.C.

§ 1973c) to the statutes which created additional superior court judgeships. - Brooks v. Georgia State Bd. of Elections, 790 F. Supp. 1156 (S.D. Ga. 1990).

OPINIONS OF THE ATTORNEY GENERAL

Salary supplements.

- County could not provide for the payment of a lesser salary supplement from county funds for a newly appointed judge than that which the county provided for incumbent judges when the General Assembly provided that any salary supplements enacted by a county would also be applicable to the additional judge. 2002 Op. Att'y Gen. No. U2002-1.

Equal treatment amongst judges for support services.

- Fulton County's obligation to accord equal treatment to all superior court judges of the Atlanta Judicial Circuit is applicable to all county funded support services, including staffing (e.g., law clerks, secretaries, court reporters, case managers and the like) and the operating budget required for a superior court judge to properly perform his or her constitutional and statutory duties. 2002 Op. Att'y Gen. No. U2002-6.

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