Georgia Official and Statistical Register 1983-84 - the Digital Library ...
Georgia Official and Statistical Register 1983-84 - the Digital Library ... Georgia Official and Statistical Register 1983-84 - the Digital Library ...
Paragraph VIII. Filling vacancies, (a) When any publicoffice shall become vacant by death, resignation, or otherwise,the Governor shall promptly fill such vacancy unless otherwiseprovided by this Constitution or by law; and persons soappointed shall serve for the unexpired term unless otherwiseprovided by this Constitution or by law.(b) In case of the death or withdrawal of a person whoreceived a majority of votes cast in an election for the office ofSecretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at thesame election, upon becoming Governor, shall have the powerto fill such office by appointing, subject to the confirmation ofthe Senate, an individual to serve until the next general electionand until a successor for the balance of the unexpired term shallhave been elected and qualified.Paragraph IX. Appointments by Governor. The Governorshall make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required bythe Senate is once rejected by the Senate, that person shall notbe renominated by the Governor for appointment to the sameoffice until the expiration of a period of one year from the dateof such rejection.Paragraph X. Information from officers and employees.The Governor may require information in writing from constitutional officers and all other officers and employees of theexecutive branch on any subject relating to the duties of theirrespective offices or employment.SECTION III.OTHER ELECTED EXECUTIVE OFFICERSParagraph I. Other executive officers, how elected. TheSecretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in themanner prescribed for the election of members of the GeneralAssembly and the electors shall be the same. Such executiveofficers shall be elected at the same time and hold their officesfor the same term as the Governor.Paragraph II. Qualifications, (a) No person shall be eligible to the office of the Secretary of State, Attorney General,State School Superintendent, Commissioner of Insurance,Commissioner of Agriculture, or Commissioner of Laborunless such person shall have been a citizen of the U nited Statesfor ten years and a legal resident of the state for four yearsimmediately preceding election or appointment and shall haveattained the age of 25 years by the date of assuming office. Allof said officers shall take such oath and give bond and security,as prescribed by law, for the faithful discharge of their duties.(b) No person shall be Attorney General unless such personshall have been an active-status member of the State Bar ofGeorgia for seven years.Paragraph III. Powers, duties, compensation, and allowances of other executive officers. Except as otherwise providedin this Constitution, the General Assembly shall prescribe thepowers, duties, compensation, and allowances of the aboveexecutive officers and provide assistance and expenses necessary for the operation of the department of each.Paragraph IV. Attorney General; duties. The AttorneyGeneral shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in allcapital felonies and in all civil and criminal cases in any courtwhen required by the Governor, and shall perform such otherduties as shall be required by law.SECTION IV.DISABILITY OF EXECUTIVE OFFICERSParagraph I. "Elected constitutional executive officer, "howdefined. As used in this section, the term "elected constitutionalexecutive officer" means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the StateSchool Superintendent, the Commissioner of Insurance, theCommissioner of Agriculture, and the Commissioner of Labor.Paragraph II. Procedure for determining disability. Uponapetition of any four of the elected constitutional executiveofficers to the Supreme Court of Georgia that another electedconstitutional executive officer is unable to perform the dutiesof office because of a physical or mental disability, the SupremeCourt shall by appropriate rule provide for a speedy and publichearing on such matter, including notice of the nature andcause of the accusation, process for obtaining witnesses, andthe assistance of counsel. Evidence at such hearing shall includetestimony from not fewer than three qualified physicians inprivate practice, one of whom must be a psychiatrist.Paragraph HI. Effect of determination of disability. If, afterhearing the evidence on disability, the Supreme Court determines that there is a disability and that such disability is permanent, the office shall be declared vacant and the successor tothat office shall be chosen as provided in this Constitution orthe laws enacted in pursuance thereof. If it is determined thatthe disability is not permanent, the Supreme Court shall determine when the disability has ended and when the officer shallresume the exercise of the powers of office. During the periodof temporary disability, the powers of such office shall beexercised as provided by law.ARTICLE VI.JUDICIAL BRANCHSECTION I.JUDICIAL POWERParagraph I. Judicial power of the state. The judicial powerof the state shall be vested exclusively in the following classes ofcourts: magistrate courts, probate courts, juvenile courts, statecourts, superior courts, Court of Appeals, and Supreme Court.Magistrate courts, probate courts, juvenile courts, and statecourts shall be courts of limited jurisdiction. In addition, theGeneral Assembly may establish or authorize the establishmentof municipal courts and may authorize administrative agenciesto exercise quasi-judicial powers. Municipal courts shall havejurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraphand in Section X, municipal courts, county recorder©s courtsand civil courts in existence on June 30,1983, and administrative agencies shall not be subject to the provisions of this article.Paragraph II. Unified judicial system. All courts of the stateshall comprise a unified judicial system.Paragraph III. Judges; exercise of power outside own court;scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon therequest and with the consent of the judges of that court and ofthe judge©s own court under rules prescribed by law. The term"judge," as used in this article, shall include Justices, judges,senior judges, magistrates, and every other such judicial officeof whatever name existing or created.Paragraph IV. Exercise of judicial power. Each court mayexercise such powers as necessary in aid of its jurisdiction or toprotect or effectuate its judgments; but only the superior andappellate courts shall have the power to issue process in thenature of mandamus, prohibition, specific performance, quo11
warranto, and injunction. Each superior court, state court, andother courts of record may grant new trials on legal grounds.Paragraph V. Uniformity ofjurisdiction. powers, etc. Exceptas otherwise provided in this Constitution, the courts of eachclass shall have uniform jurisdiction, powers, rules of practiceand procedure, and selection, qualifications, terms, and discipline of judges. The provisions of this Paragraph shall beeffected by law within 24 months of the effective date of thisConstitution.Paragraph VI. Judicial circuits; courts in each county; courtsessions. The state shall be divided into judicial circuits, each ofwhich shall consist of not less than one county. Each countyshall have at least one superior court, magistrate court, aprobate court, and, where needed, a state court and a juvenilecourt. The General Assembly may provide by law that thejudge of the probate court may also serve as the judge of themagistrate court. In the absence of a state court or a juvenilecourt, the superior court shall exercise that jurisdiction. Superior courts shall hold court at least twice each year in eachcounty.Paragraph VII. Judicial circuits, courts, andjudgeships, lawchanged. The General Assembly may abolish, create, consolidate, or modify judicial circuits and courts and judgeships; butno circuit shall consist of less than one county.Paragraph VIII. Transfer of cases. Any court shall transferto the appropriate court in the state any civil case in which itdetermines that jurisdiction or venue lies elsewhere.Paragraph IX. Rules of evidence; law prescribed. All rulesof evidence shall be as prescribed by law.SECTION II.VENUEParagraph I. Divorce cases. Divorce cases shall be tried inthe county where the defendant resides, if a resident of thisstate; if the defendant is not a resident of this state, then in thecounty in which the plaintiff resides, provided that any personwho has been a resident of any United States army post ormilitary reservation within the State of Georgia for one yearnext preceding the filing of the petition may bring an action fordivorce in any county adjacent to said United States army postor military reservation.Paragraph II. Land titles. Cases respecting titles to landshall be tried in the county where the land lies, except where asingle tract is divided by a county line, in which case thesuperior court of either county shall have jurisdiction.Paragraph III. Equity cases. Equity cases shall be tried inthe county where a defendant resides against whom substantialrelief is prayed.Paragraph IV. Suits against joint obligors, copartners, etc.Suits against joint obligors, joint tort-feasors, joint promisors,copartners, or joint trespassers residing in different countiesmay be tried in either county.Paragraph V. Suits against maker, endorser, etc. Suitsagainst the maker and endorser of promissory notes, or drawer,acceptor, and endorser of foreign or inland bills of exchange, orlike instruments, residing in different counties, shall be tried inthe county where the maker or acceptor resides.Paragraph VI. AH other cases. All other civil cases, exceptjuvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county wherethe defendant resides; venue as to corporations, foreign anddomestic, shall be as provided by law; and all criminal casesshall be tried in the county where the crime was committed,12except cases in the superior courts where the judge is satisfiedthat an impartial jury cannot be obtained in such county.Paragraph VII. Venue in third-party practice. The GeneralAssembly may provide by law that venue is proper in a countyother than the county of residence of a person or entityimpleaded into a pending civil case by a defending party whocontends that such person or entity is or may be liable to saiddefending party for all or part of the claim against said defending party.Paragraph VIII. Power to change venue. The power tochange the venue in civil and criminal cases shall be vested inthe superior courts to be exercised in such manner as has been,or shall be, provided by law.SECTION III.CLASSES OF COURTS OF LIMITED JURISDICTIONParagraph 1. Jurisdiction of classes of courts of limitedjurisdiction. The magistrate, juvenile, and state courts shallhave uniform jurisdiction as provided by law. Probate courtsshall have such jurisdiction as now or hereafter provided bylaw, without regard to uniformity.SECTION IV.SUPERIOR COURTSParagraph I. Jurisdiction of superior courts. The superiorcourts shall have jurisdiction in all cases, except as otherwiseprovided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenileoffenders as provided by law; in cases respecting title to land; indivorce cases; and in equity cases. The superior courts shallhave such appellate jurisdiction, either alone or by circuit ordistrict, as may be provided by law.SECTION V.COURT OF APPEALSParagraph I. Composition of Court of Appeals; ChiefJudge. The Court of Appeals shall consist of not less than nineJudges who shall elect from among themselves a Chief Judge.Paragraph II. Panels as prescribed. The Court of Appealsmay sit in panels of not less than three Judges as prescribed bylaw or, if none, by its rules.Paragraph III. Jurisdiction of Court of Appeals; decisionsbinding. The Court of Appeals shall be a court of review andshall exercise appellate and certiorari jurisdiction in all casesnot reserved to the Supreme Court or conferred on other courtsby law. The decisions of the Court of Appeals insofar as not inconflict with those of the Supreme Court shall bind all courtsexcept the Supreme Court as precedents.Paragraph IV. Certification of question to Supreme Court.The Court of Appeals may certify a question to the SupremeCourt for instruction, to which it shall then be bound.Paragraph V. Equal division of court. In the event of anequal division of the Judges when sitting as a body, the caseshall be immediately transmitted to the Supreme Coprt.SECTION VI.SUPREME COURTParagraph 1. Composition of Supreme Court; Chief Justice;Presiding Justice; quorum; substitute judges. The SupremeCourt shall consist of not more than nine Justices who shallelect from among themselves a Chief Justice as the chief presiding and administrative officer of the court and a Presiding
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warranto, <strong>and</strong> injunction. Each superior court, state court, <strong>and</strong>o<strong>the</strong>r courts of record may grant new trials on legal grounds.Paragraph V. Uniformity ofjurisdiction. powers, etc. Exceptas o<strong>the</strong>rwise provided in this Constitution, <strong>the</strong> courts of eachclass shall have uniform jurisdiction, powers, rules of practice<strong>and</strong> procedure, <strong>and</strong> selection, qualifications, terms, <strong>and</strong> discipline of judges. The provisions of this Paragraph shall beeffected by law within 24 months of <strong>the</strong> effective date of thisConstitution.Paragraph VI. Judicial circuits; courts in each county; courtsessions. The state shall be divided into judicial circuits, each ofwhich shall consist of not less than one county. Each countyshall have at least one superior court, magistrate court, aprobate court, <strong>and</strong>, where needed, a state court <strong>and</strong> a juvenilecourt. The General Assembly may provide by law that <strong>the</strong>judge of <strong>the</strong> probate court may also serve as <strong>the</strong> judge of <strong>the</strong>magistrate court. In <strong>the</strong> absence of a state court or a juvenilecourt, <strong>the</strong> superior court shall exercise that jurisdiction. Superior courts shall hold court at least twice each year in eachcounty.Paragraph VII. Judicial circuits, courts, <strong>and</strong>judgeships, lawchanged. The General Assembly may abolish, create, consolidate, or modify judicial circuits <strong>and</strong> courts <strong>and</strong> judgeships; butno circuit shall consist of less than one county.Paragraph VIII. Transfer of cases. Any court shall transferto <strong>the</strong> appropriate court in <strong>the</strong> state any civil case in which itdetermines that jurisdiction or venue lies elsewhere.Paragraph IX. Rules of evidence; law prescribed. All rulesof evidence shall be as prescribed by law.SECTION II.VENUEParagraph I. Divorce cases. Divorce cases shall be tried in<strong>the</strong> county where <strong>the</strong> defendant resides, if a resident of thisstate; if <strong>the</strong> defendant is not a resident of this state, <strong>the</strong>n in <strong>the</strong>county in which <strong>the</strong> plaintiff resides, provided that any personwho has been a resident of any United States army post ormilitary reservation within <strong>the</strong> State of <strong>Georgia</strong> for one yearnext preceding <strong>the</strong> filing of <strong>the</strong> petition may bring an action fordivorce in any county adjacent to said United States army postor military reservation.Paragraph II. L<strong>and</strong> titles. Cases respecting titles to l<strong>and</strong>shall be tried in <strong>the</strong> county where <strong>the</strong> l<strong>and</strong> lies, except where asingle tract is divided by a county line, in which case <strong>the</strong>superior court of ei<strong>the</strong>r county shall have jurisdiction.Paragraph III. Equity cases. Equity cases shall be tried in<strong>the</strong> county where a defendant resides against whom substantialrelief is prayed.Paragraph IV. Suits against joint obligors, copartners, etc.Suits against joint obligors, joint tort-feasors, joint promisors,copartners, or joint trespassers residing in different countiesmay be tried in ei<strong>the</strong>r county.Paragraph V. Suits against maker, endorser, etc. Suitsagainst <strong>the</strong> maker <strong>and</strong> endorser of promissory notes, or drawer,acceptor, <strong>and</strong> endorser of foreign or inl<strong>and</strong> bills of exchange, orlike instruments, residing in different counties, shall be tried in<strong>the</strong> county where <strong>the</strong> maker or acceptor resides.Paragraph VI. AH o<strong>the</strong>r cases. All o<strong>the</strong>r civil cases, exceptjuvenile court cases as may o<strong>the</strong>rwise be provided by <strong>the</strong> Juvenile Court Code of <strong>Georgia</strong>, shall be tried in <strong>the</strong> county where<strong>the</strong> defendant resides; venue as to corporations, foreign <strong>and</strong>domestic, shall be as provided by law; <strong>and</strong> all criminal casesshall be tried in <strong>the</strong> county where <strong>the</strong> crime was committed,12except cases in <strong>the</strong> superior courts where <strong>the</strong> judge is satisfiedthat an impartial jury cannot be obtained in such county.Paragraph VII. Venue in third-party practice. The GeneralAssembly may provide by law that venue is proper in a countyo<strong>the</strong>r than <strong>the</strong> county of residence of a person or entityimpleaded into a pending civil case by a defending party whocontends that such person or entity is or may be liable to saiddefending party for all or part of <strong>the</strong> claim against said defending party.Paragraph VIII. Power to change venue. The power tochange <strong>the</strong> venue in civil <strong>and</strong> criminal cases shall be vested in<strong>the</strong> superior courts to be exercised in such manner as has been,or shall be, provided by law.SECTION III.CLASSES OF COURTS OF LIMITED JURISDICTIONParagraph 1. Jurisdiction of classes of courts of limitedjurisdiction. The magistrate, juvenile, <strong>and</strong> state courts shallhave uniform jurisdiction as provided by law. Probate courtsshall have such jurisdiction as now or hereafter provided bylaw, without regard to uniformity.SECTION IV.SUPERIOR COURTSParagraph I. Jurisdiction of superior courts. The superiorcourts shall have jurisdiction in all cases, except as o<strong>the</strong>rwiseprovided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in <strong>the</strong> case of juvenileoffenders as provided by law; in cases respecting title to l<strong>and</strong>; indivorce cases; <strong>and</strong> in equity cases. The superior courts shallhave such appellate jurisdiction, ei<strong>the</strong>r alone or by circuit ordistrict, as may be provided by law.SECTION V.COURT OF APPEALSParagraph I. Composition of Court of Appeals; ChiefJudge. The Court of Appeals shall consist of not less than nineJudges who shall elect from among <strong>the</strong>mselves a Chief Judge.Paragraph II. Panels as prescribed. The Court of Appealsmay sit in panels of not less than three Judges as prescribed bylaw or, if none, by its rules.Paragraph III. Jurisdiction of Court of Appeals; decisionsbinding. The Court of Appeals shall be a court of review <strong>and</strong>shall exercise appellate <strong>and</strong> certiorari jurisdiction in all casesnot reserved to <strong>the</strong> Supreme Court or conferred on o<strong>the</strong>r courtsby law. The decisions of <strong>the</strong> Court of Appeals insofar as not inconflict with those of <strong>the</strong> Supreme Court shall bind all courtsexcept <strong>the</strong> Supreme Court as precedents.Paragraph IV. Certification of question to Supreme Court.The Court of Appeals may certify a question to <strong>the</strong> SupremeCourt for instruction, to which it shall <strong>the</strong>n be bound.Paragraph V. Equal division of court. In <strong>the</strong> event of anequal division of <strong>the</strong> Judges when sitting as a body, <strong>the</strong> caseshall be immediately transmitted to <strong>the</strong> Supreme Coprt.SECTION VI.SUPREME COURTParagraph 1. Composition of Supreme Court; Chief Justice;Presiding Justice; quorum; substitute judges. The SupremeCourt shall consist of not more than nine Justices who shallelect from among <strong>the</strong>mselves a Chief Justice as <strong>the</strong> chief presiding <strong>and</strong> administrative officer of <strong>the</strong> court <strong>and</strong> a Presiding
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