1998 Preview Judicial Legislative Log General Bills. Criminal Law and Procedure Traffic Law Superior Courts Superior Court Clerks State Courts Juvenile Courts Probate Courts Magistrate Courts Other Courts General Bills HB 12 Sentence of Death OCGA 17-10-33, 38, 41, 44 Kaye, 37th; 1/28/97 Provides for executions to be carried out by intravenous injection in the event that death by electrocution is declared illegal or in violation of the U.S. Constitution. HB 37 Candidate Drug Test: Waiver OCGA 21-2-140 Buckner, 95th; 1/13/97 Provides for a temporary waiver of the drug test requirement for non-incumbent candidates for state office. Includes justices of the Supreme Court, judges of the Court of Appeals and judges of the superior courts. HB 42 Student Assaults: Investigation OCGA 20-2-756 Buckner, 95th; 1/13/97 Requires that school officials report incidents of assault or battery by a student in grades 7-12 to appropriate law enforcement officers. HB 43 Brandon Act: HIV Testing OCGA 31-17A-4 Buckner, 95th; 1/13/97 Provides that the costs of an HIV test shall be paid by any student who bites any school personnel, or by any detainee, arrestee or prisoner who bites any law enforcement, corrections or judicial personnel; also provides for recovery of other costs such as attorneys' fees. HB 56 Appellate Judges: Retirement OCGA 47-2-244 Barnes, 33rd; 1/13/97 Reduces the retirement age for Supreme Court justices and judges of the Court of Appeals from 65 to 60 years of age. HB 109 Insanity Plea: Sentence OCGA 17-7-131 Smith, 109th; 1/13/97 Provides for the sentence of life without parole in prosecutions in which the death sentence is sought but the defendant is found to be guilty, but mentally ill or guilty, but mentally retarded. HB 141 Parental Consent to Marriage OCGA 19-3-2, 36, 37 Jamieson, 22nd; 1/15/97 Requires parental consent to marriage for persons under the age of majority without exception; requires probate judges to obtain documentary evidence of proof of age of the parties. HB 157 Computer Systems Protection OCGA 16-9-93.1 Dobbs, 92nd; 1115/97 Defines the term "misleading data" as it applies to unlawful computer tra11smittal of certain names, trademarks, logos, seals or symbols. HB 159 Candidates for Office: Ellglbillty OCGA 21-2-8, 21-3-5 Everett, 163rd; 1/16/97 Prohibits persons who are in arrears on any state or local taxes, fees or assessments from eligibility for election to public office in state, county or municipal elections. HB 207 County Officers: Nonpartisan Elections OCGA 21-2-132, 139 Bates, 179th; 1/17/97 Allows county governing authorities to provide by ordinance or resolution for the nomination and election in nonpartisan primaries and elections of candidates to fill offices of county officers. *HB 251 Cause of Action: Limitation OCGA 9-3-30 Barnes, 33rd; 1/28/97 Limits actions for trespass upon or damage to realty after 10 years from the date the cause of action accrues; makes other provisions. HB 253 Jury Service: Limit OCGA 15-12-3 Campbell, 42nd; 1/28/97 Limits the requirement of jury service to no more than once in any five-year period. HB 254 Trial Judges: Retirement Benefits OCGA 47-10-100, 101 Barnes, 33rd; 1/28/97 Changes the method of computing the monthly retirement benefit for those covered under the Trial Judges and Solicitors Retirement Fund; limits the number of years of creditable service to 24 years; makes other provisions. Georgia Courts Journal *Indicates committee amendments to the bill. 10 December 1997 I IJudicial Legislative Log HB 256 Trial Judges Retirement: Spouses' Benefits OCGA 47-10-65 Barnes, 33rd; 1/28/97 Allows members of the Trial Judges and Solicitors Retirement Fund to reject spouses' benefits coverage and cease making such payments upon notification to the board. HB 264 Trial Judges Retirement: Survivors' Benefits OCGA 47-10-105 Barnes, 33rd; 1/28/97 Provides that if a member of the Trial Judges and Solicitors Retirement Fund dies before receiving the total benefits of his/her contributions, the balance shall be paid to his/her survivor. HB 319 Court Reporter: Waiver of Disqualification OCGA 9-11-28 Bordeaux, 151st; 1/30197 Permits waiver of disqualification of a court reporter who is a relative of any of the parties, or their attorney by disclosure on the record of the deposition and agreement of the parties reflected by the record. HB 352 Sexual Assault: Attorney/Client OCGA 16-6-5.1 Williams, 83rd; 1/31/97 Prohibits sexual contact between an attorney and client; provides for punishment as a misdemeanor. HB 362 Sexual Offenders: Notification upon Release OCGA 42-9-44.1 Mueller, 152nd; 1/31/97 Provides that certain sex offenders who have been released by the Department of Corrections or paroled by the Board of Pardons and Paroles must provide information to the police chief of each municipal corporation located in the county in which they reside and publish certain notices including their photograph in the county newspaper. HB 364 Abortion: Right to Know OCGA 16-12-150-158 Mueller, 152nd; 1/31/97 Requires that a female give her informed consent prior to an abortion; provides for criminal sanctions against agencies that fail to provide the required information; provides for certain civil actions. *HB 375 Abandoned Motor Vehicles: Removal OCGA 40-11-2, 4-6, 9 Powell, 23rd; 1/31/97 Provides that persons removing or storing certain abandoned motor vehicles must provide notice and information to the Department of Revenue or be guilty of a misdemeanor; increases the filing fee for affidavits regarding lien foreclosure from $5.00 to $10.00. HB 395 Nonparty Discovery OCGA 9-11-34 Ashe, 46th; 213197 Requires notice to a person who is a nonparty when records relating to that person are sought from a nonparty practitioner of the healing arts, hospital, or healthcare facility. HB 421 Direct Appeals OCGA 5-7-1, 1.1 Hecht, 97th; 2/4/97 Authorizes the state to appeal certain orders, decisions or judgments suppressing or excluding certain material evidence in certain criminal and delinquency cases. HB 427 Transfer of Probation Services OCGA 42-8-1, 2o-44, 62-65 and others Dobbs, 92nd; 214/97 Transfers all responsibilities for probation services from the Department of Corrections to the State Board of Pardons and Paroles; amends other provisions to change certain references to the Department of Corrections. HB 440 Counselors: Punitive Damages OCGA 51-1-46 Titus, 180th; 2/6/97 Provides for a cause of action for actual and punitive damages against certain counselors and psychologists who attempt to create memories of childhood sexual abuse of the patient. *HB 472 Sexual Harassment: Right of Action OCGA 34-5A-1 Mobley, 69th; 217197 Provides for a right of action for sexual harassment against employers in labor and industrial relations; provides a $50,000 maximum amount for damages in civil litigation. HB 481 Firearms Prohibition: Exemptions OCGA 16-11-130 Bridges, 9th; 217/97 Adds official court reporters of the superior courts to the list of officials who are exempted from the prohibition against carrying firearms. HB 488 Volunteers: Immunity OCGA 51-1-30.4 Stallings, 1OOth; 217/97 Provides qualified immunity from liability for city and county volunteers who perform functions for a city or county parks and recreation department. *HB 493 Insurance Fraud: Define OCGA 33-1-9, 16 Shaw, 176th; 217197 Enumerates those written statements, applications or claims included in the definition of insurance fraud; provides civil immunity to certain persons sharing information regarding fraudulent insurance acts. *HB 522 District Attorney: Define OCGA 15-18-22 Martin, 47th; 2110/97 Adds "solicitor of a municipal court" to the list of attorneys who may be defined as district attorneys. December 1997 11 Georgia Courts Journal I j Judicial Legislative Log HB 525 Motion for Reconsideration OCGA 5-6-34 Martin, 47th; 2/10/97 Provides that a motion for reconsideration of an order, decision or judgment shall not extend the time period of an application for appeal. HB534 Drug-Related Activity: Public Nuisance OCGA 41-3-1.1 Sherrill, 62nd; 2/11197 Includes in the definition of drug-related indictment, a presentment preferred by a district attorney; includes in the definition of substantial drug-related activity six or more incidents or accusations resulting in drug-related indictments. HB 596 Life without Parole OCGA17-10-16Holland,157th;2/14/97 Provides that a person who was under the age of 17 at the time of committing an offense for which the death penalty could have been imposed if the offender had been 17 or older may, upon conviction, be sentenced to life without parole. HB 61 O Pawnbrokers: Excessive Interest OCGA 7-4-18, 44-12-130-139 Hugley, 133rd; 2/17/97 Provides for reductions in interest and fees for title pawn transactions; provides criminal and civil penalties. HB 629 Domestic Relations Cases: Appeals OCGA 5-6-35 Barnes, 33rd; 2117/97 Provides that appeals from judgments or final orders involving child custody, or any orders involving incarceration of persons for contempt in such matters or cases in which the amount in controversy exceeds $10,000 shall be appealable solely to the Supreme Court of Georgia. HB763 Trial Juries: Panels OCGA 15-12-131 Martin, 47th; 2/25/97 Repeals the provisions relating to examination of jurors in panels of 12. HB 819 Nonpartisan Primaries: Ballot OCGA 21-2-130, 154, 325, 408 and others Holmes, 53rd; 2/28/97 Eliminates the names of specific offices covered in nominations in nonpartisan primaries; provides that partisan ballot labels shall be clearly marked to indicate that the elector may vote in the nonpartisan primary if a nonpartisan primary is being held in conjunction with a partisan primary; provides that candidates running in a nonpartisan primary are entitled to designate one poll watcher in each precinct; makes other provisions. HB 820 Nonpartisan Elections OCGA 15-7-21, 20-2-56, 21-2-2, 130-139, 150, 270 and others Holmes, 53rd; 2/28/97 Deletes references to nonpartisan primary and substitutes nonpartisan election in sections of the Georgia Election Code; abolishes nonpartisan primaries as of January 1, 1998, and provides that such offices shall be filled by a nonpartisan election to be held on the date of the general primary; makes other provisions. HB821 Contested Elections OCGA 21-2-527, 528, 540, 21-3-52, 90, 429 and others Holmes, 53rd; 2/28/97 Provides that the court that pronounces a judgment declaring a primary or election invalid shall set the date for such second primary or election; provides that the filing of a notice of appeal in cases of contested elections shall not act as a stay or supersedeas; the appellant may apply as appropriate for a stay; applies to: contested general primaries, elections and run-offs and municipal primaries, elections and run-offs; makes other provisions. HB 836 Sovereign Immunity: Exception OCGA 27-1-3, 50-21-22, 23 Smith, 169th; 2128/97 Expressly waives sovereign immunity of the state for certain damage caused by deer colliding with vehicles on public roads. HB 898 Ethics in Government OCGA 21-5-3, 6, 30, 34 and others Polak, 67th; 3/6/97 Provides that certain campaign contribution disclosure reports, financial disclosure reports and lobbyist disclosure statements shall be filed in a format prescribed by the State Ethics Commission; includes officials of the judicial branch of government; transfers certain filings from the Secretary of State to the State Ethics Commission; makes other provisions. *HB 91 O County Documents: Storage OCGA 15-1-10, 15-6-86, 36-9-5 Rogers, 20th; 3/6/97 Provides that certain county documents may be stored at a location within the state of Georgia other than the courthouse. HB 942 Recall Petition: Elements of Review OCGA 21-4-6 Holmes, 53rd; 3/11/97 Provides that the review of the alleged fact or facts of a recall petition shall include a determination of whether probable cause exists to believe that such alleged fact or facts are true; provides that the judge shall consider such review petition on an expedited basis; provides that discretionary appeals by the officer sought to be recalled may be filed in the Supreme Court of Georgia within 10 days after the date of an order finding a recall application sufficient. HB 946 State Officers: Selective Service Registration OCGA45-20-19Smith,19th;3/11/97 Requires certain state officers and employees to present proof of having registered with the Selective Service System or of being exempt from such registration; applies to males between 18 and 26 years of age. Georgia Courts Journal 12 December 1997 I IJudicial Legislative Log HB 971 Grandparents: Visitation OCGA 19-7-3 Buckner, 95th; 3/13/97 Provides that original actions for grandparent's visitation may be filed where the parents of the minor child are not separated; provides for written findings of fact as to whether the grandparent has provided emotional or financial support of the child. HB 978 Civil Liability: Immunity OCGA 51-1-46 Wiles, 34th; 3/13/97 Provides immunity to manufacturers, distributors, dealers and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances. HB 981 Judicial Assistance OCGA 15-1-9.1 Tolbert, 25th; 3/13/97 Provides that magistrates presiding in certain requesting courts where the county population is less than 35,000 need not be qualified to serve as a judge in the requesting court. HB 995 Paternity: Parental Power OCGA 19-7-25 Allen, 117th; 3113197 Provides that a father of an illegitimate child who has established paternity may share parental power and custody with the mother under certain circumstances. HB 1015 Railroad Crossings: Passage OCGA 32-6-190 Manning, 32nd; 3117197 Authorizes counties and municipalities to seek injunctions and damages, including attorney fees, for a railroad's violation of its duty to permit passage at certain crossings. HB 1057 Communications Fraud Act OCGA 10-1-901-913 Martin, 47th; 3124197 Defines communications fraud as a communication made for the purpose of executing or concealing a scheme or artifice to defraud; provides for investigations and investigative powers; provides for penalties as a felony offense. HR 32 Habeas Corpus Challenge: Prohibit Constitutional Amendment Smith, 109th; 1/13/97 Proposes a constitutional amendment prohibiting use of the writ of habeas corpus to challenge the validity of a person's criminal conviction if there has been a direct appeal of that conviction. HR 111 Sentence of Death: Commutation Constitutional Amendment Jackson, 112th; 1/28/97 Proposes an amendment to the constitution to provide that when a sentence of death is commuted to life imprisonment, the Board of Pardons and Paroles shall not have the authority to grant a pardon or parole to the convicted person; provides an exception. HR 173 Six Person Jury Constitutional Amendment Porter, 143rd; 2/3/97 Proposes an amendment to the constitution authorizing the General Assembly to prescribe juries of six persons in all civil cases in all courts. HR396 Convicted Felons: Elective Office Constitutional Amendment Felton, 43rd; 2128/97 Proposes an amendment to the constitution to provide that persons who have been convicted of a felony are not eligible to hold elective office, except when that person has received a full pardon on grounds of innocence. HR544 Study Committee on Campaign Finance Reform Skipper, 137th; 3/20/97 Creates the House Study Committee on Campaign Finance Reform to be composed of nine members of the House to study the issue and recommend any actions or legislation. SB4 Convicted Felons: No Parole OCGA 42-9-44.2 Cheeks, 23rd; 1/14/97 Provides that offenders convicted of a felony serve their sentence in its entirety as imposed by the sentencing court and are not eligible for consideration for parole or other early releases. *SB 7 Sale of Drug-Related Objects OCGA 41-3-1.1 Cheeks, 23rd; 1/14/97 Includes selling of drug-related objects among the activities that can lead to prosecution of owners of real property as maintaining a nuisance. SB 27 Termination of Parental Rights and Child Adoptions OCGA 15-11-90, 19-8-5, 10-12, 24, 26 and others Oliver, 42nd; 1/14/97 Provides as additional grounds for termination of parental rights in adoption proceedings, when the parent has failed to exercise proper parental care or control due to misconduct or inability; revises the forms for surrender of rights and the mother's affidavit; provides for court review of the cases of children placed for adoption within six months after the date of the disposition order terminating parental rights; makes other provisions. SB 34 Board of Workers' Compensation: Direct Appeals OCGA 5-6-35 Boshears, 6th; 1/14/97 Provides for direct appeal rather than application for appeal from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation. *Indicates committee amendments to the bill. December 1997 13 Georgia Courts Journal I IJudicial Legislative Log *SB 36 Medical Consent: Nonconsensual Custody OCGA 31-9-8 Boshears, 6th; 1/14/97 Provides for emergency nonconsensual custody, transport and medical treatment for persons who are in imminent danger of death as a result of attempted suicide; provides immunity from liability for EMTs and law enforcement officers who act in these situations. *SB 56 Capital Felony Prosecutions OCGA 17-11-22, 23 Boshears, 6th; 1/15/97 Specifies those expenses eligible to counties for reimbursement in prosecuting capital felony cases including: attorney fees for court-appointed counsel, court reporting costs, juror fees, salaries, compensation and expenses of bailiffs, costs of medical, psychiatric and psychological evaluations of the defendant, witness fees and others. Limits reimbursements for each county to one capital felony case per calendar year. SB 72 Motion for Supersedeas OCGA 5-6-46 Burton, 5th; 1/16/97 Specifies that the motion for supersedeas must be filed together with the notice of appeal or within ten days of the date of docketing of the notice of appeal if the moving party is the appellee. SB 73 Child Custody Appeals OCGA 5-6-35 Burton, 5th; 1/16/97 Provides that appeals involving child custody issues will be expedited, with decisions issued from the court within 90 days of the date of oral argument or 90 days from the date of filing of briefs. SB 78 Court of Appeals: Composition OCGA 15-3-1, 4 Oliver, 42nd; 1/16/97 Increases the number of judges of the Court of Appeals from 10 to 13 and increases the number of divisions from 3 to 4. SB 84 Wrongful Death Actions OCGA 9-3-33 James, 35th; 1/16/97 Provides for a four-year limitation on action for wrongful death. *SB 134 County Ordinances: Codification OCGA 36-15-7, 9 Oliver, 42nd; 1/28/97 Provides funding for codification of county ordinances, such that $10.00 rather than $5.00 may be collected in each action or case coming before certain designated courts of the county. *SB 147 Land Surveying: Limitation of Action OCGA 9-3-30.2 Oliver, 42nd; 1/28/97 Provides a four-year period of limitation applicable to actions against persons engaged in the practice of land surveying. SB 153 Woman's Right to Know Act OCGA 16-12-150, 157 Glanton, 34th; 1/28/97 Specifies that certain medical information and information on alternatives to abortion be provided to females seeking abortions; provides for civil actions against those clinics that do not provide such information. SB 158 Motor Vehicles As Contraband OCGA 16-6-13.1 Brown, 26th; 1/30/97 Provides that certain motor vehicles used in, intended for use in, or used to facilitate prostitution are declared contraband and may be seized and forfeited; provides for actions to be initiated by the district attorney in the superior court of the county; makes other provisions. SB 161 School Safety Act OCGA 15-11-5, 20-2-751.2, 754, 755.1 and others Johnson, 1st; 1/30/97 Requires the superior courts to give written notice to the school system of any proceeding in which a child 13-17 years of age is adjudicated to have committed certain designated felonies; requires that a student transferring from one local school system to another provide certain information and consent to the release of disciplinary records; makes other provisions. SB 185 Court Reporters: Disqualification OCGA 9-11-28 Oliver, 42nd; 1/31 /97 Provides for a waiver of the disqualification of court reporters for family relationship, employment or financial interests in counties of less than 100,000 population. SB 204 Nonpartisan Primary: Dates OCGA 21-2-150 Clay, 37th; 2/3/97 Changes the dates for the general primary and nonpartisan primary to the second Tuesday following the first Monday in September in each even-numbered year. SB 21 O Senior Court Reporters OCGA 47-15-1-5 Taylor, 12th; 2/4/97 Provides that an official court reporter of a superior court judicial circuit or of a state court is eligible under certain conditions for appointment as a senior court reporter; provides a salary of $1,000 per month for life; provides exceptions. SB 213 Occupiers of Land: Liability OCGA 51-3-1 Boshears, 6th; 2/4/97 Specifies that the question of negligence regarding certain generally existing hazardous conditions is a question for the trier of fact except in certain plain and unambiguous cases. SB 216 Medical Consent: Repeal OCGA 31-9-5 Land, 16th; 216197 Repeals provisions on nonapplicability of the medical consent law to abortion and sterilization procedures. Georgia Courts Journal 14 December 1997 I j Judicial Legislative Log SB 230 Gifts of Land: Presumption OCGA 44-5-85 Ralston, 51st; 217197 Provides that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption. SB 240 Recovery of Damages: Limitation OCGA 51-1-6.1 Brush, 24th; 217197 Prohibits or limits recovery of damages to certain persons injured while committing felonies, uninsured motorists, drivers injured while DUI and others. *SB 249 Lien Foreclosure: Abandoned Motor Vehicles OCGA 40-11-2, 4, 5 Kemp, 3rd; 2/11/97 Provides that persons who fail to give certain notice and information on abandoned motor vehicles shall be guilty of a misdemeanor; raises from $5.00 to $10.00 the filing fee for affidavits concerning abandoned motor vehicles; makes other provisions. SB 253 Jury Lists: Minimum Standards OCGA 15-12-40, 42 Johnson, 2nd; 2/11/97 Provides that grand jury lists and trial jury lists shall be compiled from a list containing the names of not less than 80% of the citizens of the county who are eligible for jury service; provides that the trial jury box contain the names of not less than 50% of all the citizens of the county who are eligible for jury service. *SB 266 Alcoholic Beverage License: Revocation OCGA 3-3-23.1 Egan, 40th; 2113/97 Provides for the suspension or revocation of the state and local alcoholic beverage licenses of any licensee who provides alcoholic beverages to an underage person. SB283 Threats to Jurors or Witnesses OCGA 16-10-91, 34-1-3 Boshears, 6th; 2117/97 Provides that the offense of embracery applies also to witnesses in judicial proceedings and to witnesses in any investigation, proceeding or hearing of government agencies. SB 296 Death Penalty Cases: Trial Judge's Report OCGA 17-10-35.1 Ralston, 51st; 2120/97 Provides that the trial judge's report shall state whether there may be reversible error in certain pretrial proceedings including: motions to exclude statements by the defendant, motions for assistance and ex parte proceedings; changes procedures on applications for appeal regarding pretrial matters; requires the Supreme Court to issue an order granting or denying review within 30 days, rather than 20 days, of the date on which the case was received. SB 299 Grounds for Continuance OCGA 9-10-150.1 Ralston, 51st; 2121/97 Provides as grounds for continuance, the presiding of a party or attorney as a judge in a court of record. SB 348 Prohibited Abortion Method OCGA 16-12-141, 144 Cheeks, 23rd; 3/4/97 Prohibits partial birth abortions whether performed by duly licensed physicians or lay-persons; provides a criminal penalty for those who knowingly perform such abortions; provides for civil penalties in certain circumstances. SB 350 Drug Offenders: Pistol License OCGA16-11-129Ragan,11th;3/6/97 Provides that a person convicted of a felony offense involving a controlled substance or marijuana and who has not received a pardon from the State Board of Pardons and Paroles is prohibited from obtaining a license to carry a pistol or revolver. SB 368 Workers' Compensation Awards: Appeals OCGA 34-9-105 Ralston, 51 st; 3/11 /97 Changes the time period for decisions on appeals from 60 to 90 days from the date that a case is docketed in the superior court; provides that decisions affirmed by operation of law shall not be appealable further. *SB 369 Appellate Courts: Senior Judges OCGA 15-1-9.2, 15-3A-4 Ralston, 51st; 3/11/97 Provides that senior judges serving as judges of the appellate courts shall be compensated in the amount of $300 per day; provides for certain expenses and mileage. SB 370 Application for Appeal OCGA 5-6-35 Ralston, 51st; 3/11/97 Provides that appeals in all actions filed by prisoners shall be by application. SB 372 Tortfeasors: Venue OCGA 9-10-31 Ralston, 51st; 3/11/97 Provides for venue in cases where a nonresident defendant may be a party; provides for transfer of such cases. SB 378 Alcoholic Beverages: Retail Sales OCGA 3-3-24.3 Gochenour, 27th; 3/11/97 Prohibits any person under the age of 21 years from entering any business establishment primarily engaged in the retail sale of alcoholic beverages for consumption on the premises; for persons under 17 years of age violation shall constitute a delinquent act. *Indicates committee amendments to the bill. December 1997 15 Georgia Courts Journal I IJudicial Legislative Log SB 385 Parent-Child Relationship OCGA 19-7-2 Blitch, 7th; 3/11/97 Authorizes a petition to end the parent-child relations;h.ip and enumerates factors to be considered by the court; provides concurrent jurisdiction in the superior and state court. SR200 Civil Juries Constitutional Amendment Kemp, 3rd; 2/14/97 Proposes an amendment to the constitution to provide for the use of juries of six persons in all civil trials. SR215 Power to Pardon or Parole Constitutional Amendment Guhl, 45th; 2120197 Proposes an amendment to the constitution to provide that the authority to pardon or parole shall be vested in the General Assembly; abolishes the State Board of Pardons and Paroles. SR 233 Study Committee on the Presumption of Joint Legal and Physical Child Custody James, 35th; 2/24/97 Creates the Senate Study Committee, composed of 5 members of the Senate, to undertake a study of the conditions, needs, issues and problems related to joint legal and physical child custody. SR331 Penalties or Fees: Uses Constitutional Amendment Clay, 37th; 3/14/97 Proposes an amendment to the Constitution to provide that the General Assembly may provide for additional penalties or fees in court cases and allocate their use to the construction, operation and staffing of municipal jails. SR 333 Campaign Finance Reform: Study Committee Madden, 47th; 3/14/97 Creates the Senate Campaign Finance Reform and Ethics Study Committee to be composed of five members of the Senate; to study the issue and recommend any actions or legislation deemed appropriate. SR 254 Senate Campaign Finance Study Committee Kemp, 3rd; 3/3/97 Creates the Senate State Office Campaign Finance Study Committee to be composed of five members of the Senate to undertake a thorough legislative study of the laws and regulations governing the financing of campaigns. SR 255 Joint Campaign Finance Study Committee Kemp, 3rd; 3/3/97 Creates the Joint State Office Campaign Finance Study Committee to be composed of five members of the House of Representatives and five members of the Senate to undertake a study of the conditions, needs, issues and problems associated with the complex regulation of campaign finance. SR 270 Joint Campaign Finance Reform Study Committee Perdue, 18th; 3/4/97 Creates the Joint Campaign Finance Reform Study Committee to be composed of five members of the Senate and five members of the House of Representatives to recommend actions for campaign finance reform. SR 280 Study Committee on Foster Care and Adoption Land, 16th; 3/6/97 Recreates the Senate Study Committee on State Foster Care and Adoption to study the implementation of the recommendations contained in its 1996 report; the original members of the committee.shall be reappointed. Criminal Law and Procedure HB 36 Sale of Controlled Substances: Penalties OCGA 16-13-30 Buckner, 95th; 1/13/97 Adds gamma hydroxybutyric acid to the list of controlled substances whose sale and distribution are punishable as felonies. HB 64 Family Violence: Define OCGA 19-13-1, 20 Hegstrom, 66th; 1/13/97 Adds "criminal attempt to commit certain offenses" and "threat to commit certain offenses" to the definition of family violence; specifies threats made with the intent of terrorizing the victim or creating apprehension of receiving a violent injury. Defines the terms "family" or "household members" to include: past or present spouses, persons who are parents of the same child, stepparents and stepchildren, foster parents and foster children and other persons living or formerly living in the same household. HB 103 Serious Violent Felons: Prohibit Early Release OCGA 17-10-6.1, 42-9-44.2 Campbell, 42nd; 1/13/97 Provides that an offender convicted of certain serious violent felonies must serve a minimum of 85% of his/her sentence before the offender may be considered for any form of pardon, parole or commutation of sentence. *Indicates committee amendments to the bill. Georgia Courts Journal 16 December 1997 I IJudicial Legislative Log HB 227 Alcohol to Minors: Prohibit OCGA 3-3-23.1 Buckner, 95th; 1/27/97 Increases the penalties for furnishing or selling alcoholic beverages to persons under the age of 21; specifies fines, prison time and suspension of business license or a combination of the three upon first and subsequent offenses. HB 233 Insurance Fraud: Penalty OCGA 33-1-9 Heard, 89th; 1/27197 Increases the penalties for felony insurance fraud committed against persons 60 years of age or older to imprisonment for not less than 2 nor more than 10 years or a fine of not more than $10,000 or both. HB 240 Certain Abortions: Penalties OCGA 16-12-141, 144 Crews, 78th; 1127/97 Provides for criminal penalties including fines and imprisonment for persons convicted of knowingly performing a partial birth abortion; provides an exception if the procedure is necessary to save the life of the mother; makes other provisions. HB 258 Indictment of Peace Officer OCGA 17-7-52 Barnes, 33rd; 1/28/97 Provides that prosecution of a peace officer shall not proceed in either the state or superior court without a grand jury indictment; applies to misdemeanors and felonies. HB 399 Criminal Acts: Damages OCGA 9-12-24 Jenkins, 110th; 2/3/97 Provides that actual damages arising out of a criminal act shall be designated as criminal restitution in the final order and judgment. HB 413 Family Violence Shelters OCGA 19-13-23 Barnes, 33rd; 2/4/97 Provides that any person who knowingly publishes, disseminates or otherwise discloses the location of a family violence shelter is guilty of a misdemeanor; provides for exceptions. HB 437 County Inmates: Sentencing OCGA 17-10-3, 4 Barnard, 154th; 2/6/97 Allows judges to place a county inmate under the jurisdiction of the Department of Corrections if found guilty of certain misdemeanors committed within the confines of a state correctional institution. HB 484 Bombs, Explosives: Life Sentence OCGA 16-7-82, 88 Bunn, 74th; 217197 Requires a life sentence for persons convicted of criminal violations involving bombs or explosives used with intent to cause death, bodily injury or physical damage to a building. *HB 485 First Degree Arson OCGA 16-7-60 Bunn, 74th; 217/97 Includes any church, synagogue or other place of public religious worship among the buildings covered in the definition of first degree arson; increases the criminal penalties for arson against a church or synagogue. HB 538 Marijuana: Misdemeanor Possession OCGA 16-13-2 Campbell, 42nd; 2/11 /97 Clarifies that any subsequent offense of possession of one ounce or less of marijuana constitutes a misdemeanor and shall be punished as such. HB 541 Sex Offenders: Identification OCGA 16-6-1 Sims, 167th; 2/11 /97 Authorizes as a condition of probation in a case of rape or child molestation, display of a sign identifying the residence of the convicted offender; authorizes banishment from a specified location in the state. HB 590 Voter Fraud: Penalties OCGA 21-2-567, 568, 573 and others Holmes, 53rd; 2/14/97 Changes voting fraud, misconduct by poll officers and voter intimidation from misdemeanor to felony offenses; provides that persons convicted of these offenses shall be punished by a fine not to exceed $50,000 or imprisonment of not less than 1 year or more than 10 years, or both. *HB 595 Witness Fees OCGA 24-10-27 Holland, 157th; 2/14/97 Includes campus policemen employed by a public or private college or university in this state among the persons entitled to receive a witness fee. HB 648 Misdemeanor Probation OCGA 42-8-100 Dobbs, 92nd; 2/18/97 Provides that employees of the Department of Corrections may be assigned to supervise misdemeanor sentences only if a county is otherwise unable to contract for such services; limits the period of supervision by DOC to 120 days; provides effective date of January 1, 1998. HB 686 Correctional Officials: Counsel OCGA 45-15-71 Greene, 158th; 2/21/97 Provides that when a habeas corpus petition is filed against any county or municipal correctional official, the Attorney General shall provide counsel to the individual. *HB 688 Death: Concealment OCGA 16-10-31 Brown, 130th; 2/21/97 Provides that any person who, by concealing the death of any other person, hinders the discovery of such death shall be guilty of a felony and punished by imprisonment for not less than one or more than 20 years, and a fine of not less than $5,000 or more than $10,000, or both. December 1997 17 Georgia Courts journal I j Judicial Legislative Log HB 707 Solicit for Employment OCGA 16-7-29 Sherrill, 62nd; 2121/97 Provides for the misdemeanor offense of soliciting for employment on public or private property without the express written permission of the owner; provides for a fine of $500. HB 709 Felony Telemarketing OCGA 10-1-365, 393.5, 16-8-12 Skipper, 137th; 2121/97 Provides doubling of civil and criminal penalties for certain telemarketing practices or theft relating to elder or disabled persons. HB728 Private Probation Contracts OCGA 42-8-100 Buck, 135th; 2/24/97 Provides that private probation services contracts shall be the sole means through which private probation services are provided; provides for the express, written approval of the county governing authority. HB 750 Cruelty to Animals OCGA 16-12-4 Teper, 61st; 2/24/97 Provides for the felony offense of cruelty to animals when a domesticated dog or cat is intentionally and without justification tortured, maimed or killed; punishable by not less than one year or more than three years, and a fine of not less than $1000 or more than $5,000, or both. HB 762 Weapons: Unlawful Training OCGA16-11-151 Buckner,95th;2/25/97 Prohibits communication of information concerning the making of any illegal firearm, dangerous weapon, explosive, or incendiary device if the person has knowledge that the information will be used unlawfully to further civil disorder. HB800 Alcoholic Beverages: Prohibited Acts OCGA 3-3-23.1 Massey, 86th; 2/27/97 Provides a felony offense when any person knowingly violates any prohibition relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by a person under 21 years of age; persons convicted for the second or subsequent time shall be punished by imprisonment for not less than one or more than 5 years, or by a fine not to exceed $10,000, or both; provides for revocation of local alcoholic beverage licenses at retail stores where violations have occurred. *HB 801 Sexual Offenses: Penalties OCGA 16-6-1, 17-10-30 Massey, 86th; 2127197 Allows for the death penalty in cases of rape and in cases of aggravated sodomy where the victim is less than 12 years of age on the date of the offense. HB 809 Service of Sentence: Places OCGA 17-10-1 Greene, 158th; 2/28/97 Eliminates confinement in a local jail or detention facility as places where probation which is revoked may be served. *HB 840 Cemeteries: Vandalism OCGA 16-7-26 Bordeaux, 151st; 2/28/97 Provides for the offense of vandalism to a cemetery or memorial; punishable by imprisonment for not less than one or more than 5 years. *HB 842 Bias Crimes: Create OCGA 16-11-45, 35-1-11, 35-3-120, 124 Teper, 61 st, 2128/97 Provides for misdemeanor and felony offenses prohibiting certain conduct based on the status of a person; status includes: race, religion, sex, sexual orientation, color, national origin or HIV status; authorizes the GBI to collect data on the occurrence of bias crimes; makes other provisions. *HB 846 Family Violence Battery: Release of Offender OCGA 16-5-26 McCall, 90th; 2/28/97 Provides for victim notification when a person convicted of family violence battery is released or escapes from custody; provides certain procedures. HB864 Tobacco Products: Prohibitions OCGA 16-12-173-175 Bannister, 77th; 3/3/97 Prevents sales of tobacco products from vending machines to minors; prohibits distribution of tobacco product samples or tobacco products at less than basic cost in public places or at public events; designates these offenses as misdemeanors; makes other provisions. HB 908 Alcoholic Beverages: Purchase Agent OCGA 3-3-23. 1 Epps, 131 st; 3/6/97 Provides for a misdemeanor offense when a person is convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age. HB 953 Arrest: Forcible Entry OCGA 17-4-3 Birdsong, 123rd; 3/11/97 Provides that an officer shall be required to secure a search warrant prior to making an arrest entry into the premises of a third party unless the third party has consented, or unless the officer is in hot pursuit of a fugitive who has committed a felony. HB 957 Child Molestation: Penalties OCGA 16-6-4 Tolbert, 25th; 3/11 /97 Provides for a distinction between first and second degree child molestation offenses based on whether an act of touching occurred. Georgia Courts Journal 18 December 1997 I IJudicial Legislative Log HB 962 Attorneys: Unsolicited Contact OCGA 15-19-55.1 Reichert, 126th; 3/11 /97 Prohibits attorneys from directing written communications for the purpose of obtaining employment to the victims or family members of victims of personal injuries, wrongful deaths or other accidents or disasters; provides for penalty as a misdemeanor involving moral turpitude. HB 1074 Crlmlnal Trespass: Define OCGA 16-7-23 Rogers, 20th; 3127197 Changes the definition of criminal damage to property in the second degree to include defacing any property of another person without his or her consent by application of paint, graffiti or otherwise. HB 1090 Jury Panels and Challenges OCGA15-12-125, 160, 165 Buckner, 95th;3/28/97 In misdemeanor trials allows three peremptory challenges each for the prosecutor and the accused; reduces the size of the jury panel in felony cases from 30 to 24 jurors and in death penalty cases from 42 to 36 jurors; for felony trials, allows 6 peremptory challenges each for the state and the accused and in death penalty cases, 12 challenges each. HR 3 Crime Victims' Rights Constitutional Amendment Buckner, 95th; 1/13/97 Proposes an amendment to the constitution giving crime victims certain rights including: right to notification of court proceedings, right to attend trial of the accused and other court proceedings, right to confer with the prosecution, right to make a statement to the court at sentencing. HR4 Innocent Victims of Crime Constitutional Amendment Buckner, 95th; 1/13/97 Proposes an amendment to the constitution such that laws shall be enacted that define, preserve and protect innocent victims of crime; also provides that those convicted of crimes against victims shall make restitution to victims and the State of Georgia. HR 42 Board of Pardons and Paroles: Restrict Authority Constitutional Amendment Buckner, 95th; 1/15/97 Proposes an amendment to the constitution limiting the authority of the Board of Pardons and Paroles to commute any portion of sentences imposed for certain crimes. HR 114 Chlld Molestation: Mandatory Sentence Constitutional Amendment Burkhalter, 41st; 1/28/97 Proposes an amendment to the constitution to include child molestation among the offenses for which minimum mandatory sentences may be imposed. SB 3 Cost of Incarceration: Reimbursement OCGA 42-5-120-125, 18-2-22 Cheeks, 23rd; 1/14/97 Provides for the reimbursement by state inmates of certain costs of incarceration; sets forth the procedures by which the attorney general and the superior courts may petition for access to any assets inmates may have; makes other provisions. SB 5 Child Molestation: Conditions for Parole OCGA 42-9-44.2 Cheeks, 23rd; 1/14/97 Provides that certain offenders convicted on child molestation or aggravated child molestation charges may not be eligible for parole until such persons undergo certain types of chemical treatments; provides that the individual must give consent. SB 6 Drug Paraphernalia Novelties OCGA 16-12-6 Cheeks, 23rd; 1/14/97 Prohibits the sale to minors of objects which look like syringes or other drug paraphernalia; provides for an effective date of January 1, 1998. *SB 39 Sexually Violent Predators: Release of Information OCGA 42-1-12 Boshears, 6th; 1/14/97 Provides that information on offenders collected under the state registration program may be disclosed for any purpose authorized by state or federal law; such records are open to public inspection, however, the identity of a victim of an offense that requires registration shall not be released. SB 64 Jurors: Peremptory Challenges OCGA 15-12-165 James, 35th; 1/15/97 In criminal trials allows the state the same number of peremptory challenges as the accused. *SB 67 Crimes Against Family Members OCGA 16-5-20, 21, 23 and others Taylor, 12th; 1/15/97 Defines the offense of family violence assault and aggravated assault, provides for penalties upon first and subsequent convictions; sets forth penalties for the offense of family violence simple battery and aggravated battery and battery against a person who is 65 years of age or older. SB 100 Felonies: No Parole OCGA 42-9-44.2 Perdue, 18th; 1127/97 Provides that convicted felons will serve the full sentence entered, without parole; provides an exception if the offender is subsequently found to be innocent of the crime. *Indicates committee amendments to the bill. December 1997 19 Georgia Courts Journal IJudicial Legislative Log f SB 114 Juries: Panels and Challenges OCGA 15-12-125, 160, 165 Langford, 29th; 1/27/97 In misdemeanor trials provides for three, rather than four, peremptory challenges for the accused and three, rather than two, challenges for the state; for felony trials reduces the number of persons who must be impaneled from thirty to twenty-four jurors and provides for twelve peremptory challenges, rather than twenty: six challenges for the accused and six for the state; makes other provisions. SB 123 Partial Birth Abortions: Penalties OCGA 16-12-141, 144 Balfour, 9th; 1/27/97 Provides a fine of not more than $5,000 and imprisonment for not more than 5 years for persons convicted of knowingly performing a partial birth abortion; provides an exception when such abortions are necessary to save the life of the mother; provides for civil actions and relief. *SB 159 Vulnerable Adults: Abuse OCGA 17-4-20 Land, 16th; 1/30/97 Defines the term "vulnerable adult" as one who "is eighteen years old or older and is unable to protect himself or herself from physical or mental abuse because of old age or a physical or mental impairment;" provides for warrantless arrests in cases involving abuse of a vulnerable adult. SB 160 Family Violence: Jurisdiction OCGA 19-13-2 Oliver, 42nd; 1/30/97 Provides that in family violence proceedings involving a nonresident respondent, the superior court where the petitioner resides or the superior court where an act involving family violence allegedly occurred shall have jurisdiction. SB 162 Violent Offenders: Sentencing OCGA 17-10-6.1, 42-9-44.2 Clay, 37th; 1/30/97 Requires that any offender who receives a life sentence upon a first conviction of a serious violent felony is not eligible for parole until having served a minimum of 21 years in prison; provides that other specified serious violent offenders shall serve a minimum of 85% of the sentence handed down; makes other provisions. SB 190 Criminal Storage of Firearms OCGA 16-11-190-196 Abernathy, 38th; 1/31/97 Provides for the offense of criminal storage of a firearm if any person intentionally keeps any loaded firearm on any premise where it is likely that a minor may gain access to the firearm; provides exceptions, makes other provisions. SB 199 False l.D.: Sale to Minor OCGA 16-9-4 Clay, 37th; 2/3/97 Increases the penalty for sale or distribution of a false identification document to a minor such that the person shall be guilty of a felony and punished by a fine of not more than $5,000 or by imprisonment for not more than 3 years, or both. *SB 201 Board of Pardons and Paroles: Open Meetings OCGA 50-14-3 Clay, 37th; 2/3/97 Provides that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting. SB 202 Rules for Daycare Centers: Noncompliance OCGA 49-5-12.1 Clay, 37th; 2/3/97 Provides that certain multiple or repeated violations of child welfare agency laws related directly to health and safety of children shall constitute felonies; upon conviction, persons may be punished by a fine of not more than $10,000 or by imprisonment for not less than one nor more than five years, or both. SB 206 Underage Drinking: Punishment OCGA 3-3-23.1 Langford, 29th; 2/3/97 Increases the punishment for possession or consumption of alcoholic beverages by a person under 21 years of age from 30 days maximum imprisonment to 12 months maximum imprisonment. *SB 226 Vandalism: Penalties OCGA 16-7-26 Thompson, 33rd; 2/6/97 Provides as a penalty for vandalism to a place of worship, when one or more persons are injured, imprisonment for not less than 3, nor more than 5 years. SB 239 Title Pawn Transactions OCGA 7-4-18, 44-12-130-139 Oliver, 42nd; 217197 Provides for reductions in interest and fees for title pawn transactions; provides for civil and criminal penalties; makes other provisions. SB268 Election Candidates: Prohibit Use of State Funds OCGA 45-11-11 Clay, 38th; 2/14/97 Prohibits the use of state funds for mailing of certain information and materials by an elected constitutional state officer within 30 days prior to a primary or election. *SB 312 Computer Facilities: Harm to Minors OCGA 39-1-2 Boshears, 6th; 2/24/97 Provides that persons who operate computer facilities that contain material harmful to minors shall take precautions to prevent the electronic dissemination of certain material to minors; provides for punishment as a misdemeanor. SB 375 Sexually Violent Predator: Registration OCGA 42-1-12 Boshears, 6th; 3/11 /97 Provides that sheriff's records on sex crime offenders shall include a photograph of the offender; provides for notification of persons living in proximity to certain sex crime offenders by the sheriff and certain chiefs of police; makes other provisions. Georgia Courts Journal 20 December 1997 I IJudicial Legislative Log Traffic Law fees in DUl cases and for the allocation of such penalties to the Brain and Spinal Injury Trust Fund. HB 17 DUI: Chemical Tests OCGA 40-5-67.1, 40-6-391, 392 Mills, 21st; 1/15/97 Reduces allowable blood alcohol levels from .04 to .02 for drivers under the age of 21, rather than under the age of 18; makes other provisions. HB 456 DUI: Penalty Assessments OCGA 15-21-140-152 Teague, 58th; 216/97 Authorizes additional penalty assessments for violations involving DUI applicable to cases in any state court, superior court or municipal court; establishes the Brain and Spinal Injury Trust Fund to receive such additional penalties. HB 613 Misdemeanor Cases: Fines OCGA 40-13-34 Day, 153rd; 2/17/97 Provides that for any traffic misdemeanor cases occurring in a reduced speed zone surrounding a school or residential area, the court shall double the amount of the fine. HB847 Habitual Violator: Permanent License Revocation OCGA 40-5-53, 54.2, 58 and others Johnston, 81st; 2/28/97 Provides for permanent revocation of the driver's license of any person convicted of three or more DUl violations within a twoyear period; makes other provisions. HB 880 DUI: Endangering A Child OCGA 40-6-391 Buckner, 95th; 3/4/97 Provides that the clerk of the court shall provide notice to DFCS of DUI convictions of offenders who were transporting children under 14 years of age. HB 907 Display of License Plates OCGA 40-2-41 Epps, 131st; 316197 Provides that vehicle owners may apply to the Department of Revenue to use a license plate cover containing a colored or nontransparent image which does not obstruct the clear display and legibility of the license plate. HB 964 DUI: Breath Testing Instruments OCGA 40-5-67.1, 40-6-392 Allen, 117th; 3/11/97 Repeals certain provisions relating to the preparation of certificates in conjunction with the inspection of approved breathtesting instruments; authorizes the CBI to approve satisfactory techniques or methods to ascertain qualifications and competence of individuals to conduct analyses and issue permits. HR 226 Spinal Injury Trust Fund Constitutional Amendment Teague, 58th; 2/6/97 Proposes an amendment to the constitution to authorize the General Assembly to provide by law for additional penalties or *SB 31 DUI: Nonresident Offenders OCGA 40-6-391 Boshears, 6th; 1/14/97 Provides that judges may impose increased fines on nonresident offenders in lieu of community service. SB 66 DUI: Determination OCGA 40-5-67.1, 40-6-391, 392 James, 35th; 1/15/97 Changes the standards for DUl determination of persons under the age of 21 from .04 grams of blood alcohol to .02 grams; makes other provisions. SB 83 DUI: Vehicular Homicide OCGA 17-7-173 James, 35th; 1/16/97 Provides that persons accused of homicide by vehicle while driving under the influence shall be given a trial within a oneyear period following such indictment or accusation; provides for acquittal if time limit is not honored. *SB 110 DUI: Injury Trust Fund OCGA 15-21-140, 152 Walker, 22nd; 1/27/97 Authorizes additional penalty assessments for violations of DUl of a sum equal to 10% of the original fine; specifies that such fines shall be paid into the Brain and Spinal Injury Trust Fund; provides for the creation and administration of the fund. *SB 203 Open Containers: Prohibit OCGA 40-5-57, 40-6-253 Clay, 37th; 213197 Provides for punishment as a misdemeanor for persons found guilty of possessing an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle; provides for certain exceptions. SB 321 Habitual Impaired Driving OCGA 40-5-58 James, 35th; 2125197 Provides for the felony offense of habitual impaired driving if a person who has been declared a habitual violator is again convicted of DUl; provides for punishment of a fine of not less than $1,000 or by imprisonment for not less than one or more than 10 years, or both; provides that the person shall serve at least 50% of any sentence imposed. SB 363 Front and Rear License Plates OCGA 40-2-31, 41 Marable, 52nd; 317/97 Provides for license plates to be displayed on both the front and rear of motor vehicles other than motorcycles on and after January 1, 2002. SR 144 DUI: Penalties Or Fees Constitutional Amendment Walker, 22nd; 2/4/97 Proposes an amendment to the constitution to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state where a person is judged guilty of DUl; provides for allocation of such additional penalties to the Brain and Spinal Injury Trust Fund. December 1997 21 Georgia Courts Journal l I Judicial Legislative Log Superior Courts HB 88 Superior Court Judges: Creditable Service OCGA 47-9-70 Buck, 135th; 1/13/97 Provides that any member retiring on or after July 1, 1996, and any member who was retired on July l, 1996, with 16 or more years of creditable service shall receive a benefit increase for each year of service over 16 years, up to 24 years. HB 229 Child Custody: Annual Review OCGA 19-9-1, 3 Buckner, 95th; 1/27/97 Requires the court to conduct an annual review of any case where custody of a minor child younger than sixteen years of age at the time judgment is entered, has been awarded. HB 231 Child Custody: Consideration OCGA 19-9-1, 3 Buckner, 95th; 1/27/97 Provides that in matters of child custody, a child who has reached the age of 14 years has the right to select the parent with whom to live; in cases where the child is 10 years, but not 14 years of age, the courts are directed to consider the opinion and desire of the child with regard to custody. HB 267 Douglas Judicial Circuit: Additional Judge OCGA 15-16-2 Snelling, 99th; 1/28/97 Creates a third judgeship for the Douglas Judicial Circuit. HB 269 Atlanta Judicial Circuit: Add Judge OCGA 15-6-2 Holmes, 53rd; 1/28/97 Provides for a sixteenth judge of the superior court of the Atlanta Judicial Circuit. HB 286 Ocmulgee Judicial Circuit: Add Judge OCGA 15-6-2 Channell, 111th; 1/28/97 Provides for a fifth judge of the superior courts of the Ocmulgee Judicial Circuit. HB 302 Zoning Procedures Law OCGA 36-66-6 Bannister, 77th; 1/30/97 Provides that the trial of certain zoning decisions or zoning actions as to constitutionality shall be conducted by a superior court judge from an adjoining circuit. HB 305 Gwinnett Judcial Circuit: Add Judge OCGA 15-6-2 Bannister, 77th; 1/30/97 Creates a new seventh judgeship for the Gwinnett Judicial Circuit. *Indicates committee amendments to the bill. HB 406 Bell-Forsyth Judicial Circuit: Create OCGA 15-6-1 Evans, 28th; 2/3/97 Creates a new judicial circuit to be composed of the County of Forsyth; provides that the superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County shall become the initial judge of the new circuit; makes other provisions. HB 434 Divorce: Grounds OCGA 19-5-3 Joyce, 1st; 2/6/97 Limits the use of the ground that the marriage is irretrievably broken to certain enumerated circumstances; provides that a divorce on such ground shall not be granted until 180 days, rather than 30 days, from the date of service. HB 473 Divorce Petition: Residence Requirement OCGA 19-5-2 Mobley, 69th; 217197 Changes the residence requirement for filing a petition for divorce from si_x months to three months prior residence. HB 548 Grounds for Divorce OCGA 19-5-3 Joyce 1st; 2/11 /97 Provides that a divorce on the grounds that the marriage is irretrievably broken shall not be granted until 180 days, rather than 30 days, from the date of service. HB 563 Henry Judicial Circuit: Create OCGA 15-6-1 Smith, 109th; 2/13/97 Creates a new judicial circuit of the superior courts composed of Henry County; provides for two judges of the circuit as of January 1, 1999; reduces the number of judges in the Flint Circuit from 3 judges to 2 judges. HB 724 District Attorneys: ERS OCGA 47-2-264.1 Golden, 177th; 2/21/97 Provides that employees of a district attorney who are paid by the office of the district attorney may become members of the Employees' Retirement System; provides for creditable service for prior service; makes other provisions. HB 751 Superior Court Judges Retirement Fund OCGA 47-8-43, 62 Williams, 114th; 2/24/97 Provides for an increase in compensation after retirement such that the senior judge receives two-thirds of the annual state salary plus one percent for every year of actual service over 20 years; applies also to any county supplements. HB 828 Child Support Recovery OCGA 19-11-9.2, 32-38 Pelote, 149th; 2/28/97 Establishes an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions; includes requirements for notice and judicial review in the superior court; makes other provisions. Georgia Courts Journal 22 December 1997 I IJudicial Legislative Log HB 853 Private Real Property Rights Preservation OCGA 22-5-1-5, 10-15, 20-24 Crawford, 129th; 3/3/97 Provides for the filing of a contested case involving eminent domain under the Georgia Administrative Procedure Act; provides for the filing of suits in superior court in the county in which the private real property owners' affected property is located; makes other provisions. HB 937 ERS: District Attorney Employees OCGA 47-2-267 Floyd, 138th; 317197 Provides that employees of district attorneys shall be members of the Employees' Retirement System. HB 1033 DAs Retirement System OCGA 47-13-2, 72 Buck, 135th; 3/18/97 Deletes reference to annual increases in compensation from the definition of average annual compensation; requires members to make employee contributions for spouses' benefits coverage. HB 1069 Senior Judges: Salary OCGA 47-8-62 Williams, 114th; 3/25/97 Specifies that a senior judge will receive an annual salary equal to two-thirds of the salary now or hereafter provided by law to be paid by the state to a judge of the superior court; provides a formula for supplements to the salary based on years of actual service over 20 years; provides for the calculation of an additional supplement to be paid by the counties of the circuit. HB 1088 ERS: Judges' Secretaries Creditable Service OCGA 47-2-264 Stallings, 1OOth; 3/28/97 Provides that secretaries of superior court judges and district attorneys shall be allowed creditable service for prior service as a secretary of a state court judge. HB 1112 Child Custody: Ex Parte Order OCGA 19-9-1 Holland, 157th; 3/28/97 Provides conditions for the issuance of an ex parte order granting temporary child custody; provides that any such order shall be automatically dissolved at the end of 72 hours unless extended by the court in the best interest of the child. SB 46 Misdemeanors Involving Physical Injury OCGA 17-10-1 Dean, 31st; 1/14/97 Eliminates parolees from the provisions that certain offenders charged with a misdemeanor involving physical injury or an attempt to commit physical injury, or terroristic threats or a new felony, are not entitled to bond pending a hearing on the revocation of his/her parole. SB 58 Fatherhood Responsibility Programs OCGA 19-11-14, 49-4-102.2 Boshears, 6th; 1/15/97 Requires fathers of children born out of wedlock to complete a fatherhood responsibility program approved by DHR. SB 71 Custody: Evidence of Abuse OCGA 19-9-1 Burton, 5th; 1/16/97 Authorizes the court to order that visitation take place only under supervision if evidence of emotional, physical or psychological abuse by the parent toward another is presented. SB 77 Stone Mountain Circuit: Add Judge OCGA 15-6-2 Oliver, 42nd; 1/16/97 Provides for a 10th judge of the superior courts of the Stone Mountain Judicial Circuit. *SB 187 Presumption of Joint Custody OCGA 19-9-3 James, 35th; 1/31/97 Provides that in child custody disputes there shall be a rebuttal presumption of joint legal and physical custody; provides for an exception. SB 188 Custody: Equal Access OCGA 19-9-3 James, 35th; 1/31/97 In custody disputes, provides for the rebuttable presumption of a child's right to equal access to both parents; provides for a written finding of fact when the court deviates from the presumption of equal parenting time. SB 231 Child Support: Life Insurance OCGA 19-6-34 Ralston, 51st; 217197 Provides that the amount of life insurance premiums "may" rather than "shall" be counted as part of the support in orders of child support. SB 309 Divorce: Children First Rule OCGA 19-5-3, 19-6-1.1 Gochenour, 27th; 2/21/97 Provides that the award of child custody, child support, alimony, or division of property shall be made on the basis that the best interest of the minor children of a marriage shall be the primary consideration; also changes the grounds for the granting of a total divorce such that counseling is required in cases of adultery and that both parties must agree that the marriage is irretrievably broken. SB 344 State Examining Board: Judicial Review OCGA 43-1-19 Perdue, 18th; 3/4/97 Provides for the initial judicial review of a final decision of a state examining board to be held in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. December 1997 23 Georgia Courts Journal I IJudicial Legislative Log SR 321 Child Custody: Study Committee Glanton, 34th; 3/14/97 Creates the Senate Study Committee on Child Custody to be composed of 5 members appointed by the president of the Senate, two of whom shall be nonlegislative members having opposing views on the issue of child custody; the committee is to review child custody cases to determine if evidence of gender bias is present and to review the need to expand the family court to handle divorce and child custody matters. Superior Court Clerks *HB 408 Divorce: Real Property Awards OCGA 19-5-13.1 Barnes, 33rd; 214/97 Requires that certain real property awards made pursuant to divorce decrees shall be filed with the clerk of the superior court in the county where the real property is located within 30 days after granting the order; makes other provisions. HB 521 Abandoned Motor Vehicles: Lien OCGA 40-11-5, 10, 11 Shipp, 38th; 2110197 Increases the filing fee for an affidavit for foreclosure of a lien on an abandoned motor vehicle from $5.00 to $10.00; requires reports on the sale of certain motor vehicles to be made to the clerk of court; provides penalties for failure to report. HB 571 Clerks: Post-Retirement Benefits OCGA 47-14-22, 40, 70 Lee 94th; 2/13/97 Provides that the board of trustees of the Superior Court Clerks' Retirement Fund may grant post-retirement benefit increases; increases certain retirement benefits based on years of service. HB 804 Dockets: Underlying Action OCGA15-6-61, 19-6-28 Murphy, 18th;2/27/97 Clarifies that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; eliminates provi.sions on entry of certain matters in the civil docket. HB 1080 Real Property: Covenants OCGA 44-5-60 Dix, ?6th; 3127197 Provides for a process for renewing restrictive covenants such that certain documents shall be recorded in the office of the clerk of superior court of the county where the land is located. SB 324 County Documents: Storage OCGA 36-9-5 Cagle, 49th; 2127197 Provides that certain county documents will be stored within the state of Georgia rather than not more than 25 miles from the courthouse. State Courts HB 265 Office of Solicitor-General OCGA 15-8-60 Barnes, 33rd; 1/28/97 Authorizes the General Assembly to provide by local law for the selection of a solicitor-general. *HB 292 State Court Judges: Minimum Compensation OCGA 15-7-22 Martin, 47th; 1/28/97 Fixes the minimum compensation for full-time judges and chief judges of the state courts based on an amount equal to 903 of the annual salary base of judges of the superior courts plus 903 of the annual amount of any supplement; makes other provisions as to increases in compensation. HB 672 Selection of Solicitor Ashe, 46th; 2120197 Provides for the appointment of successors to solicitors of state courts of limited jurisdiction in cities of 300,000 or more population. HB 1092 Trial Judges Retirement Fund: Creditable Service OCGA 47-10-3, 83 McBee, 88th; 3/28/97 Provides that a member of the Trial Judges and Solicitors Retirement Fund who was previously a member of the Employees Retirement System may obtain creditable service of up to four years for the period of prior membership; defines solicitor as any solicitor-general or solicitor of an inferior court. *SB 35 State Courts Practice and Procedure: Amend OCGA 15-7-43, 43.1 Boshears, 6th; 1/14/97 Amends the rules of practice and procedure such that deferred partial payment of judgments may be allowed in state courts. Juvenile Courts HB 24 Child Support for Delinquents OCGA 15-11-5, 67 Buckner, 95th; 1/13/97 Authorizes the juvenile court to order payment of child support for juveniles detained after an adjudication of delinquency; stipulates that the weekly amount of child support shall be not less than $25.00 nor more than $200.00. Effective date July 1, 1997. *Indicates committee amendments to the bill. Georgia Courts Journal 24 December 1997 I IJudicial Legislative Log HB 38 Child Support for Juveniles HB 405 Education: Mandatory Age OCGA 15-11-5, 67 Buckner, 95th; 1/13/97 OCGA 20-2-690.1 Dukes, 161 st; 213197 '-._ -~ Authorizes the juvenile court to order payment of child Raises the mandatory age for school attendance from 16 to 18 support to the state by the parent or guardian of a child who years. is detained after an adjudication of delinquency; stipulates that weekly amounts of such payments shall be not less than HB527 Foster Care: Notice $25.00 nor more than $200.00. Effective date January 1, 1998. OCGA 15-11-41 Hammontree, 4th; 2/10/97 Requires DFCS to notify the juvenile court in writing at least HB 68 Juvenile Court Employees: 90 days prior to the expiration of an order for foster care and Training Requirements include recommendations regarding family reunification OCGA 15-11-4.2 McBee, 88th; 1/13/97 issues. Requires that any juvenile court support services specialist complete 40 hours of annual training to be provided by the HB 614 Juvenile Court: Maintenance Fees Institute of Continuing Judicial Education; training requirements apply to persons employed on or after July 1, 1997. OCGA 15-11-5, 67 Buckner, 95th; 2/17/97 Authorizes the juvenile court to order payment of funds for the maintenance of juveniles detained after an adjudication of HB 114 Juvenile Traffic Offenses delinquency; provides the amount ordered shall not be less OCGA 15-11-2, 5, 11, 36.1, 49, 50 and others than $25 or more than $200 per week. Barnard, 154th ; 1/13/97 Limits juvenile court jurisdiction such that traffic offenses HB 669 Juvenile Court Jurisdiction: Expand committed by juveniles are processed in the same manner as OCGA 15-11-2, 5.1, 20, 37 Culbreth, 132nd; 2120197 like offenses committed by adults; stipulates that a juvenile Expands the jurisdiction of the juvenile court to all persons traffic offense is not an act of delinquency unless the case is under the age of 18. transferred to the juvenile court for placement on the delinquency calendar; makes other provisions. HB 1097 Transfer of Juvenile Cases OCGA 15-11-5 Ragas, 64th; 3/28/97 HB 140 Conditions of Probation Changes provisions on the transfer of cases involving a child OCGA 15-11-67 Buckner, 95th; 1/15/97 13-17 years of age who is alleged to have committed certain Establishes as a condition of probation that children must violent offenses such that after indictment the superior court maintain a passing average in school. shall transfer the case to juvenile court if the child is commit- table to an institution for the mentally retarded or mentally ill, HB 147 Delinquency Proceedings: Records or if the child is deemed by the court to be amenable to treat- OCGA 17-10-2, 15-11-59 Tolbert, 25th; 1/15/97 ment or rehabilitation; provides also for the transfer of such Allows examination of the unsealed records of any proceed- cases before indictment; specifies that children appearing ings in which a juvenile was adjudicated delinquent or unruly before superior court have the right to be represented by for use as additional evidence in a presentence hearing in counsel. subsequent adult felony cases. HR 590 Study Committee on Juvenile Justice HB 195 Juvenile Proceedings: Transfer of Sinkfield, 57th; 3125197 Information Creates the House Study Committee on Juvenile Justice to be OCGA15-11-58.1 Buckner, 95th; 1/17/97 composed of seven members of the House of Representatives Allows the juvenile court two working days, rather than 30 to study the effect of superior court jurisdiction over minors days, to notify school officials regarding certain adjudications age 13-16 who are accused of certain violent felonies in the of delinquency, probations and adjudicatory proceedings that juvenile justice system of this state. involve any student in their school; directs principals to provide classroom teachers with such information as well. HR 61 O Teen Courts Study Committee Buckner, 95th; 3/27/97 HB296 Jurisdiction over Firearm Offenses Creates the House Teen Courts Study Committee to be com- OCGA 15-11-5 Lucas, 124th; 1/28/97 posed of six members of the House of Representatives and six Provides that the superior court shall have exclusive jurisdic- residents of the state to study the issue of teen courts and tion over offenses involving the illegal possession or use of a recommend any actions or legislation necessary. firearm by a child; makes other provisions. December 1997 25 Georgi,a Courts journal I IJudicial Legislative Log SB 18 Juvenile Rehab Camps OCGA 15-11-37.1, 42-13-1-5 Scott, 36th; 1/14/97 Provides that juveniles who have committed certain designated felony acts may be ordered to be incarcerated in a juvenile rehabilitation camp; provides for establishment of such camps under the Division of Juvenile Rehabilitation to be created within the Department of Corrections. SB 74 Child Custody: Jurisdiction OCGA 15-11-5 Burton, 5th; 1/16/97 Provides that the juvenile court shall have exclusive original jurisdiction over cases involving any child who is alleged to be physically, emotionally, or sexually abused and who is the subject of a contested custody dispute. SB 75 Juvenile Court Judges: Training OCGA 15-11-4.1 Burton, 5th; 1/16/97 Increases the training requirements of judges and associate judges exercising juvenile court jurisdiction from one seminar to four seminars each year; requires that judges and associate judges have the equivalent of two years of specialized training in child protection matters. *SB 89 Parental Liability OCGA 51-2-3 Ralston, 51st; 1/17/97 Increases from $5,000 to $10,000 the amount of damages due to willful or malicious acts of a minor child who is in their custody for which a parent or guardian is liable. *SB 106 Mandatory School Attendance OCGA 20-2-690.1 Taylor, 12th; 1/27/97 Increases the mandatory school attendance age from 16 to 18 years. SB 157 Juvenile Court Records: Access OCGA 15-11-38 Starr, 44th; 1/30/97 Provides that the district attorney and superior court judge shall have access to all juvenile court records and may use such records in the same manner as adult records. SB 334 Juvenile Court: Child Support Orders OCGA 15-11-5, 67 Gochenour, 27th; 2/28/97 Authorizes the juvenile court to order the payment of child support whenever legal custody of a child is removed from the parents by order of the court; provides that the weekly amount of support shall not be less than $1 and shall not exceed the actual cost of the child's maintenance and support; provides for transmittal of such funds to the state treasury. *Indicates committee amendments to the bill. Probate Courts *HB 55 Transfer of Ownership: Approval OCGA 10-6-24.1 Barnes, 33rd; 1/13/97 Provides that no power of attorney shall be effective to authorize the transfer of ownership of real or personal property unless the transfer is first approved by the judge of the probate court of the county in which the principal resides. HB 120 Elections: Drug Testing of Candidates OCGA 21-2-141, 21-3-106 Heckstall, 55th; 1/14/97 Provides for mandatory drug testing of candidates seeking nomination or election to certain county, municipal and school board offices; makes other provisions. HB 361 Absentee Ballots OCGA 21-2c385, 21-3-285 Mueller, 152nd; 1/31/97 Allows delivery of a sealed absentee ballot by the elector or by the elector's parent, spouse, son or daughter. HB 401 Electors: Proper l.D. OCGA 21-2-417 Westmoreland, 104th; 2/3/97 Requires the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place. HB 516 Probate Judges: Training OCGA 15-9-1.1 Channell, 111th; 2/10/97 Requires judges of the probate courts to complete minimum credit hours annually; hardship extensions of six months may be granted on a case by case basis by the Probate Judges Training Council; provides for certain notifications to the Judicial Qualifications Commission. HB 530 Absentee Elector OCGA 21-2-380, 21-3-280 Smith, 169th; 2/10/97 Provides that an elector may choose to vote by absentee ballot without giving a reason for such choice. *HB 543 Absentee Ballot OCGA 21-2-380, 32-3-280 Holmes, 53rd; 2/11/97 Provides that an elector may choose to vote by absentee ballot without giving a reason for such choice. HB 544 Early Voting Procedures OCGA 21-2-40, 50, 215, 230 and others Holmes, 53rd, 2/11 /97 Changes the term "absentee voting" to "early voting;" provides for comprehensive early voting procedures and practices; provides for powers, duties, authority and responsibilities of elections officials in connection with early voting; makes other provisions. Georgitl Courts Journal 26 December 1997 I IJudicial Legislative Log HB546 Electors List: Addresses OCGA 21-2-224 Holmes, 53rd; 2/11 /97 Provides that a symbol or symbols designated by the county may be used to assist in confirming addresses. HB 554 Electors: Identification OCGA 21-2-417, 21-3-328 Westmoreland, 104th; 2/13/97 Requires presentation of identification by an elector at or prior to the completion of a voter's certificate; provides a list of documents constituting proper identification. HB 632 Nominating Petition Signatures OCGA 21-2-171, 183 and others Holmes, 53rd; 2/18/97 Provides that the Secretary of State and election superintendents shall reject nominating petition signatures and pages not in conformance with law. HB 633 County Boards: Vacancies OCGA 21-2-74 Holmes, 53rd; 2/18/97 Requires probate judge to immediately notify the state executive committee of the appropriate political party of a vacancy on the county board; if after 7 days the vacancy has not been filled, the probate judge shall notify the chief judge of the superior court to make the appointment. HB 642 Uniform Transfer on Death: Security Registration OCGA 53-5-60-71 Kaye, 37th; 2/18/97 Provides for registration in beneficiary form with respect to certain types of ownership; makes other provisions. HB 649 Nonprobate Transfer on Death OCGA 53-5-60 Kaye, 37th; 2/18/97 Provides that provisions in certain instruments providing for nonprobate transfer on death shall be nontestamentary. HB 670 Electors: Photo l.D. OCGA 21-2-416, 21-3-325 Deloach, 172nd; 2120197 Requires the presentation of a photographic identification by an elector at or prior to the completion of a voter's certificate; provides a list of acceptable means of identification. HB 702 Absentee Ballots: Procedures OCGA 21-2-381, 383, 384 Stancil, 16th; 2/21/97 Provides that absentee ballots and their return envelopes shall bear certain warnings regarding election fraud; provides for the attestation of signatures on absentee ballots; prohibits trial judges from sentencing felony violations of the election laws as for misdemeanors; makes other provisions. HB 738 Closing of Polls OCGA 21-2-403, 437, 21-3-313, 346 Heard, 89th; 2124197 Requires the polls to remain open until 8:00 P.M., rather than 7:00 P.M., in primaries and elections generally and in municipal primaries and elections. HB 749 Absentee Ballots: Warning OCGA 21-2-383, 21-3-284 Holmes, 53rd; 2124197 Provides that absentee ballots and their return envelopes shall bear certain warnings regarding election fraud. HB 779 Probate Judges: Retirement OCGA47-11-70Jenkins,110th;2/27/97 Provides that a judge or employee of the probate court shall be entitled to retire at the age of 55 years after having served 12 years as a judge or employee. HB 780 Probate Judges: Earnings for Retirement OCGA47-11-40, 71 Jenkins, 110th;2/27/97 Changes the amount of salary that may be considered earnings for purposes of the Judges of the Probate Courts Retirement Fund of Georgia; changes the calculation of benefits. HB 815 Absentee Voting: Procedures OCGA 21-2-381, 21-3-283 Holmes, 53rd; 2/28/97 Provides for the mailing of absentee ballots for general and special primaries and elections upon one proper application by certain eligible absentee electors who are elderly or disabled; also applies to municipal elections. HB 816 Absentee Ballots: Procedures OCGA 21-2-388, 390, 21-3-288 Holmes, 53rd; 2128/97 Provides a method for cancellation of absentee ballots if the elector is present in the precinct or if the elector's circumstances change; provides that applications for absentee ballots be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. HB 817 County Registrars: Duties OCGA 21-2-285, 325, 455, 21-3-316, 326 and others Holmes, 53rd; 2/28/97 Clarifies provisions on the duties of county registrars in municipal elections and primaries; provides for public access to polling places during the official count; provides certain changes in the printing of election ballots and ballot labels in presidential elections; makes other provisions. *HB 822 Poll Officers: Age OCGA 21-2-92, 21-3-34 Holmes, 53rd; 2128197 Provides that persons 16 years of age and older who are residents of the county, rather than electors, may be appointed as poll officers in all elections. HB 823 Voter Registration: Procedures OCGA 21-2-224, 226, 227, 229 and others Holmes, 53rd; 2/28/97 Provides that the official list of electors and the official list of inactive electors prepared and distributed to poll officers may include codes designating that an elector has voted by absentee ballot, has been challenged or has been sent mail by the registrars which has been returned marked undeliverable; December 1997 27 Georgia Courts Journal I IJudicial Legislative Log provides that electors shall be notified in writing by first class mail if they are deemed unqualified to be placed on the list of electors; provides for the names of felons to be removed from voter lists by the county board of registrars. HB 824 Numbered List of Voters OCGA 21-2-2, 50, 386, 400, 405, 431 and others Holmes, 53rd; 2/28/97 Deletes references to the term "numbered list of voters" for municipal primaries and elections and general primaries and elections; provides for a numbered list of absentee voters. HB 871 Electors: Photo Identification OCGA 21-2-416, 599, 21-3-325, 479 Williams, 83rd; 3/4/97 Requires the presentation of photographic identification by an elector at or prior to completion of a voter's certificate; provides a list of what shall constitute proper photographic identification; provides for signing a separate affidavit if the elector does not have a photo l.D. and for punishment as a felony for false swearing or affirming. HB 890 Electors: National Information OCGA 21-2-233 Williams, 83rd; 3/4/97 Requires the Secretary of State to furnish copies of data collected on elector change of addresses as supplied by the U.S. Postal Service to county boards of registrars prior to March 1st of each odd-numbered year. HB 924 Probate Judges: Minimum Salaries OCGA 15-9-64 Jamieson, 22nd; 3/6/97 Increases the amount of supplementation of minimum salaries of judges of the probate court; for judges who conduct elections, raises the supplement from $200 to $400 per month; and for judges who are responsible for traffic cases, from $250 to $500 per month. HB 1058 Rights of Survivorship OCGA 7-1-813 Martin, 47th;3/24/97 Requires certain written contracts of deposit between depositors and financial institutions for multiparty accounts to guarantee rights of survivorship. HB 1087 Game and Fish: Criminal Vlolations OCGA 27-1-39, 27-4-50-53 Carter, 166th; 3/27/97 Provides that certain rules and regulations promulgated by the Board of Natural Resources shall be used to establish certain criminal violations; authorizes tlu! Board of Natural Resources to designate certain waters as trout waters and to establish seasons and methods of fishing; repeals current code sections on trout waters without seasons and trout waters with seasons. *SB 37 Guardians of Incapacitated Adults: Evaluations OCGA 29-5-6, 8, 9 Boshears, 6th; 1/14/97 Specifies that physicians licensed to practice medicine under the laws of this or any other state and psychologists licensed to practice psychology under the laws of this or any other state may make certain affidavits and perform certain evaluations as to guardians of incapacitated adults; also increases the time limits for conducting certain emergency hearings. SB 43 Electors: Presentation of Identification OCGA 21-2-417, 21-3-328 Burton, 5th; 1/14/97 Requires that electors present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place before gaining admission to the enclosed space at such polling place; applies to primaries and elections and municipal primaries and election. SB 136 Probate Judge: Duties OCGA 53-6-90, 35 Starr, 44th; 1/28/97 In counties having a population of 180,000 or more, authorizes the probate judge to appoint the county administrator and any assistant county administrators. SB 179 Incapacitated Adults: Notice of Evaluation OCGA 29-5-6 Tanksley, 32nd; 1/31/97 Provides for notice to the attorney of the proposed ward and other interested parties of the date and time of evaluations. SB 180 Guardians of Minors OCGA 29-4-4.1 Tanksley, 32nd; 1/31/97 Provides for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; provides for transfer of the case to juvenile court if any objection to the dissolution is filed. *SB 181 Incapacitated Adults: Modification of Guardianship OCGA 29-5-7 Ray, 48th; 1/31/97 Clarifies that a ward retains the right to employ legal counsel in actions pertaining to modification or termination of the guartianship. SB 183 Financial Power of Attorney OCGA 10-6-36, 141, 142 Kemp, 3rd; 1/31/97 Amends the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency; makes other clarifications. *Indicates committee amendments to the bill. Georgia Courts journal 28 December 1997 I IJudicial Legislative Log *SB 184 Power of Attorney for Health Care OCGA 31-36-6 Ray, 48th; 1/31/97 ''~- Clarifies the effect of appointment of a guardian upon a durable power of attorney for health care; specifies that the probate court or the superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency. SB 265 Spouse's Inheritance OCGA 53-2-1 Egan, 4oth; 12/13/97 Revises the rules of inheritance applicable when a decedent dies without a will; sets forth the method of dividing the estate when there is a surviving spouse or spouse and children. SB 380 County Boundaries: Petitions OCGA 36-3-1-5 Glanton, 34th; 3/11/97 Provides for a petition to be filed in the probate court for any changes of county boundaries; provides for maps and plats and filing; makes other provisions. SB 395 Wills: Year's Support OCGA 53-3-5 Cheeks, 23rd; 3/17/97 Provides that a surviving spouse and minor children may have a year's support for each additional year that the estate may be kept together provided that there are sufficient assets in the estate to award such support. Magistrate Courts HB 314 Dispossessory Proceedings: Amend OCGA 44-7-51, 52, 56 Rogers, 20th; 1/30/97 Reduces from 7 days to 3 days the time for an answer by the tenant in dispossessory proceedings; provides that requests for jury trials or appeals from the magistrate court shall be to the state court; makes other provisions. HB 327 Magistrate Court: Filing Fees OCGA 15-10-80 Rogers, 20th; 1/30/97 Reduces the maximum amount of filing fees from $20.00 to $10.00 in civil actions where the amount in controversy is $200.00 or less. HB 402 Temporary Chief Magistrate OCGA 15-10-20 Snow, 2nd; 2/3/97 Provides for judicial appointment of a temporary chief magistrate when the person elected as chief magistrate dies or withdraws prior to taking office or fails to take office validly. HB 519 Magistrate Court: Fee Schedule OCGA 15-10-80, 88, 89 Shipp, 38th; 2/10/97 Increases the allowable filing fee for a civil action from $20.00 to $25.00; increases the fee for a writ of fieri facias from $2.00 to $5.00; provides a schedule of fees. HB 520 Ordinance Violations: Penalty OCGA 15-10-60 Shipp, 38th; 2/10/97 Increases the maximum period of imprisonment for violation of county ordinances from 60 days to 6 months. SB 223 Landlord/Tenant: Repairs OCGA 44-7-13.1 James, 35th; 2/6/97 Provides that if a landlord does not make repairs within a reasonable period of time after notice from the tenant, the tenant may have the repairs made at the tenant's own expense and deduct the reasonable costs of the repairs from the rent as it becomes due. SB 325 Magistrate Court: Civil Claims OCGA 15-10-2 Kemp, 3rd; 2/27/97 Sets the monetary jurisdiction of civil claims in magistrate court at $15,000, rather than $5,000. Other Courts HB 523 Municipal Courts: Firearms Exemption OCGA16-11-130 Martin,47th;2/10/97 Exempts municipal and city court judges from the prohibition against carrying weapons. HB 808 Municipal Courts: Jurisdiction OCGA 36-32-10.2 Polak, 67th; 2/28/97 Grants jurisdiction to municipal courts to try and dispose of violations relating to obstructing or hindering a law enforcement officer and to violations involving giving a false name, address or birthdate to a law enforcement officer, if the xzoffense occurred within the corporate limits of such municipal corporation; makes other provisions. HB 891 Supreme Court: Judicial Districts OCGA 15-2-1 Lakly, 105th; 3/4/97 Provides for 7 supreme judicial districts from which justices of the Supreme Court shall be elected; 5 districts shall match the geographical boundaries of the 5 PSC districts, 2 districts shall consist of the entire state. HB 949 Municipal Courts: Jurisdiction OCGA 36-32-12 McKinney, 51st; 3/11/97 Authorizes any municipal court within a rnunicipality having a population of 135,000 or more to try and dispose of certain cases of solicitation of sodomy, prostitution and criminal trespass. SB 125 Municipal Courts: Writs OCGA 36-32-5.1 Thompson, 33rd; 1/27/97 Provides for the issuance of executions for costs or fines in the municipal courts. December 1997 29 Georgin Courts Journal Judge Susan B. Forsling takes office Susan B. Forsling receives congratulations froin Gov. Miller after being sworn in as a judge of the State Court ofFulton County on October 17. She was accompanied by her husband, Mark, and her children, Leslie (not visible in photo) and Bradley. Interpreters workshop continued from page 3 Other projects The committee is working to up- date the registry of interpreters maintained by the AOC (404-6565171). An abbreviated version of the registry can now be found on the Supreme Court and Georgia Indi- gent Defense Council world wide web pages(www.state.ga.us/Courts/ Supreme and www.gidc.com). More detailed information about each interpreter, including specific qualifications, will be added to the registry in the near future. to Georgia Courts JOURNAL Vol. 25 No. 2 Georgia Judicial Council Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher, . Vice Chair Chief Judge GaryB. Andrews Judge Robert J. Castellani Judge A. Wallace Cato Judge Rita L. Cavanaugh Judge Howard Cook Judge E. Purnell Davis II Judge Philip F. Etheridge Judge Richard S. Gault Judge Edward H. Johnson Judge Sanford J. Jones Judge William F. Lee Jr. Judge George F. Nunn Jr. Judge Johnny R. Parker Judge C. Donald Peppers Sr. Judge Floyd E. Propst Judge Dorothy A. Robinson Judge Richard W. Story Judge T.O. Sturdivant III Judge William M. Towson Sr. Judge A.J. Welch Jr. Senior Judge E. Mullins Whisnant Judge Amanda F. Williams Administrative Office of the Courts Diredor Robert L. Doss Jr. Senior Communications Officer Billie Bolton Editor Nancy K. Pevey The Georgia Courts Journal is a publication of the Judicial Council and the Administrative Office of the Courts. It welcomes news about Georgia's courts, their programs and personnel. Editorial and circulation offices: AOC, Suite 550, 244 Washington St., SW, Atlanta, GA 30334-5900, (404) 656-5171. Georgia Courts JOURNAL Administrative Office of the Courts 244 Washington Street, S.W., Suite 550 Atlanta, GA 30334-5900 BULK RATE U.S. POSTAGE PAID ATLANTA, GA PERMIT #1880 Address Correction Requested 0 Printed on recycled paper. C:JA J'g'OO : .fl G4 ZS/z. Vol. 25 No. 2 December 1997 .~iaCourts Supreme Court adopts new JQC rules governing political conduct by Earle B. May Jr., Director Judicial Qualifications Commission Effective January 1, 1998, all candidates qualifying to run for any judicial office in this state, including incumbent judges, become subject to new and markedly different rules governing political conduct. To stem the rash of unfair and improper campaign tactics reported to the Judicial Qualifications Commission GQQ during both the 1992 and 1996 election campaigns, and in response to recommendations submitted by the JQC, the Georgia Supreme Court has unanimously adopted comprehensive changes to the existing Code ofJudicial Conduct governing political and campaign conduct. It is believed that these new provisions, while admittedly far from perfect, will greatly assist in maintaining the dignity appropriate to judicial office and insure that all who aspire to the high office of judge are governed by the same rules. Changes to Canon 7 These newly adopted provisions embody several areas of significant improvement. First, the existing Canon 7 governing political and campaign conduct has been substantially rewritten to contain the following new provisions: 1. The words "should" and "should not" have been stricken wherever they appear and the words "shall" and "shall not" are inserted so as to impose binding obligations, the violation of which can result in disciplinary action; 2. Section 7B(l)(a) has been amended by adding a requirement that candidates "enc.ourage members of their families to adhere to the same standards of political conduct as those applying to the candidate"; 3. A new commentary has been added following Canon 7B(l)(a) which attempts to clarify the term "dignity appropriate to judicial office" and gives examples of conduct that the commission has previously determined falls below the standard required by that phrase. 4. The clause in existing Canon 7B(l)(c) prohibiting candidates from "announcing their views on disputed legal or political issues" has been stricken and a clause is inserted that prohibits candidates from "making statements that commit or appear to commit candidates with respect to cases, controversies or issues that are likely to come before the court." 5. Two new subparagraphs are added to Canon 7B(1) which prohibit the use of any form of public communication that the candidate knows or reasonably should know is false, fraudulent, misleading or deceptive and make candidates responsible for the content of any statement or advertisement published See New ]QC rules, page 7 1998 legislative session begins January 12th Information on 297 court-related measures still pending from the 1997 session of the General Assembly is featured in this issue of the Georgia Courts Journal, beginning on page 10. Each entry includes the bill number and title, Georgia code sections to be amended, bill sponsor and district represented, date of introduction and summary of principal provisions. For additional information on pending bills, contact Billie Bolton at the Administrative Office of the Courts (404-656-5171). The Judicial Legislative Log will re- sume weekly publication beginning in January and continuing until the end of the 1998 session in March. The Legislative Log will bring you up-to-date information on new bills as they are introduced and their status in the legislative process. Legislative Preview Edition Inside: Commission on Family Violence ..... 2 Court interpreters workshop .............. 3 Tenth District clerks training .............. 3 AOC to relocate ..................................... 3 Historic photo .......................................... 4 JQC opinions ........................................... 4 Child Placement Project ..................... 5 Attorney General opinions ................. 5 Technology Talk .................................... 6 Judge Forsling sworn in .................... 30 Bill summaries ........................... 10-29 Georgia Commission on Family Violence sponsors fourth statewide conference The Georgia Commission on Family dinated Community Violence sponsored its fourth annual Response." She statewide conference on September presented creative 25 and 26 in Macon. This year's solutions for work- theme, "Creating Community ing with community Safety: Quality Interventions and members who are Collaboration," focused on practical unsupportive or un- problem-solving ideas for commu- responsive to the nity task forces. The 320 participants needs of victims of included members of many of the domestic violence. state's family violence task forces, Ms. Buel also dis- social services personnel, counselors, medical personnel, judges, law enforcement personnel, probation cussed strategies for developing training programs where Attorney General Thurbert Baker (left) addressed conference attendees on Thursday. Also pictured, Rachel Ferencik, commission director, and Judge Clarence F. Seeliger, commission chair. officers and commission members. there is little or no Sarah Buel, special counsel for the support or funding. She was an two-day conference included ses- Texas District and County Attorneys inspiration for participants eager to sions on the victim's perspective, the Association and advocate for bat- jump-start the work being done in role of pastoral counseling, media tered women and children, began their own community, said Rachel resources for public education, the the conference with a keynote ad- Ferencik, commission director. role of law enforcement, cultural dress on "A Victim-Centered Coor- Workshops presented during the diversity and strategies for youth intervention. An in-depth training In Brief ... session on The Model Medical Protocol for Domestic Violence Incidents was Judicial appointments held for medical personnel. Invited dignitaries included State State Court, Fulton County Judge Susan B. Forsling was appointed for the term October 17, 1997, Senator Mary Margaret Oliver and Attorney General Thurbert Baker, through December 31, 1998. (See photo, page 30.) Juvenile Court, DeKalb County Judge Desiree Sutton Peagler was appointed a full-time associate who spoke to the group on Thursday and Friday respectively. Next year's conference is tenta- juvenile court judge on September 22, 1997. tively scheduled for the end of September 1998. For more information, Awards and honors Judge Marion T. Pope Jr., presiding judge of the Court of Appeals, has been awarded the 1997 State Bar of Georgia General Practice and Trial or to obtain a videotape of Sarah Buel's keynote address, contact Rachel Ferencik (404-657-3412). ~ Section Tradition of Excellence Award. This award is presented annually to a lawyer or judge who has over 20 years of outstanding service and achievement, with contributions to continuing legal education and bar activities, a fine record of community service and a personal commitment to excellence. Supreme Court Clerk Sherie M. Welch was named to the executive committee of the National Conference of Appellate Court Clerks at the group's 24th annual meeting on August 3-8. The National Conference of Appellate Court Clerks was established in 1973 to improve the skills and knowledge of its members, promote effective court administration, and provide a forum for the exchange of ideas on appellate court operations. Conference keynote speaker Sarah Buel. Georgia Courts Journal 2 December 1997 Commission hosts workshop for court interpreters The Supreme Court Commission on Equalityheld its first Court Interpreters Workshop on September 6 at Kennesaw State University. Fiftyfive foreign language interpreters attertded the free, day-long program. The faculty included Court of Appeals Judge John H. Ruffin Jr., Ms. Lisa Chang, Mr. Jesus A. Nerio and Ms. Holly KO. Sparrow of the commission's interpreters committee, a11d representatives of the Atlanta Association of Interpreters and Translators. While several of the attendees were new to the subject, most had some experience with courtroom interpreting. All were interested in improving their professional qualifications and knowledge of court procedures. Topics covered at the session included: an introduction to the inter~ preter's Code of Professional Conduct, guidelines for practice and registry; a review of the state court system structure, jurisdiction and personnel; a discussion of the role of the interpreter as it relates to pretrial and trial procedures (both civil and criminal) and ethical dilemmas; a review of court terminology. Attendees also learned about national organizations and other resources available to court interpreters. Improving training and developing qualifications for court interpreters were among the recommendations made in the final report of the Supreme Court Commission on Racial and Ethnic Bias. This workshop is the first step toward regular institutionalized training, perhaps affiliated with a college or university's continuing education program. See Interpeters workshop, page 30 Tenth District holds training seminars for court clerks The staff of the Tenth Judicial Administrative District and the Tenth District Superior Court Clerks Association came together on September 11 and 25 for training seminars stressing the importance of quality customer service. Tom Gunnels, district court administrator, presented the program entitled "Serving the Public: A Program for Court Employees." A total of 81 employees from court clerks offices around the district attended the two sessions held at the Athens~Clarke County Courthouse. The superior court clerks provided refreshments and inade time for their staff niembers to participate. The program is designed to help attendees identify their customers, define customer service and develop responses to .challenging service situations. After viewing films and participating in role-playing exercises on angry citizens, confused pro se litigants, impatient jurors and rude co-workers, the group discussed techniques for dealing with these difficult customers. The training session also covered effective listening techniques, the importance of telephone courtesy and professionalism. The curriculum was developed by the State Justice Institute and municipal courts in California. Mr. Gunnels said that the clerks of the Tenth District are committed to treating court users fairly and courteously. They hope to instill this sense of commitment in staff members through this training program. tl; Tenth District Court Administrator Tom Gunnels presented the training program. AOC, Supreme Court Clerk and Reporter to relocate offices The AOC and affiliated groups, the Georgia Supreme Court Clerk's Office and the Reporter's Office will move in early 1998 from the State Annex, located at 244 Washington Street, to the Public Health Building, located at 47 Trinity Avenue. The Supreme Court's central staff will also be moving to the Health Building. All offices will be on the 4th floor of the Health Building. The AOC will be located in room 414. The Clerk's Office will be located in room 420. The Reporter's Office will be in room 404. The offices are expected to be at this location for approximately 18 months. The move is necessitated by Georgia Building Authority plans to renovate the State Annex Building. Because the move is temporary, telephone numbers and perma- nent mailing addresses for the offices will remain the same. tl; December 1997 3 Georgia Courts Journal The Courts Journal takes a look back ... Editor's note: Judge Harold R. Banke recently provided us with this photo taken in October 1964, which we thought our readers might enjoy seeing. The group shot was taken at the Seminar for Georgia Trial Judges held at the University of Georgia's Institute of Law and Government. tc. First row (left to right):Judge John W Williford, Judge Bowie Gray, Judge Jeptha C. Tanksley, Judge George Lilly, Judge Grady Pittard, Judge Thomas 0. Marshall Jr. Second row: Unidentified, Judge F. Frederick Kennedy, Judge Dunbar Harrison, Judge Sidney 0. Smith, Robert Stubbs. Third row: Judge Conley Ingram, Judge Albert]. Henderson Jr., Unidentified, Judge J.L. Davis, Judge James Barrow, Judge Harold R. Banke, Judge George E. Oliver, Judge Grady Vandiviere, Judge Jesse W. !.!sher, Judge B.B. Heery, Judge John Land. (We thank Judge Banke and former ChiefJustice Thomas 0. Marshall Jr. for their help in identifying the members ofthis group, and invite our readers to help us fill in the two missing names.) Judicial Qualifications Commission opinions Opinion 222. Newly elected judges who formerly served as district attorneys may appropriately preside in cases involving matters which were of record in the district attorney's office prior to the judge's appointment or election so long as the judge did not personally serve as a lawyer in the matter or otherwise gain knowledge of disputed evidentiary facts concerning the proceeding. Opinion 223. The commission declines to specify a specific period of time within which a judge must automatically disqualify in cases involving a former law partner, but issues general guidelines which should be considered in reaching an appropriate decision. Copies of the complete opinions can be obtained from the JQC (770-587-5208) or on-line at www.state.ga.us/Courts/ Supreme. to Georgia Courts Journal 4 December 1997 Child Placement Project: Judges meet to develop standards of practice for deprivation cases The final report of the assessment phase of the Georgia Supreme Court Child Placement Proceedings Project recommended "the development of standards of practice for judges with juvenile court jurisdiction." On September 19 and 20, a group of 14 judges from around the state met at Callaway Gardens to begin the task. Three faculty members from the National Council of Family and Juvenile Court Judges facilitated the workshop, which was sponsored by the Supreme Court Child Placement Project (CPP). The judges began by studying "The Resource Guidelines: Improving Court Practices in Child Abuse and Neglect Cases," the National Council's model for standards in deprivation cases. The group adapted sections for use in Georgia and began setting up detailed standards of practice. Michelle Barclay, CPP project coordinator, says "The goal is to be specific and lay out a step-by-step process for judges to follow in deprivation cases." The standards developed in the workshop are not mandatory, but the judges involved hope to see them adopted throughout the state. They describe the standards as "aspirational guidelines." Ms. Barclay and Melinda Shepherd, staff attorney for the Council of Juvenile Court Judges, are currently compiling the written standards. A draft has gone to the 14 judges for their approval, and the final version will be published in the spring. National Council of Family and Juvenlle Court Judges faculty: Chief Judge Richard Fitzgerald, Jefferson Family Court, Louisville, KY Presiding Judge James Payne, Marion Superior Court, Juvenile Division, Indianapolis, IN Ms. Barbara Seibel, Director, FCF Management, Inc., Hamilton County, OH Participants: Judge John W. Beam Jr. Juvenile Court of Chatham County Assoc. Judge Luz Cloy Juvenile Court of Bryan, Evans, Liberty, Long Mcintosh and Tattnall Counties Virgil Costley, Esq., Covington Judge G. Bryant Culpepper Macon Judicial Circuit Judge Stephen E. Franzen Juvenile Court of Gwinnett County Presiding Judge Martha K. Glaze Juvenile Court of Clayton County Judge George Hearn Juvenile Court of Walton County Judge Cliff L. Jolliff Juvenile Court of Hall and Dawson Counties Judge Sanford Jones Juvenile Court of Fulton County Judge R. Michael Key Juvenile Court of Troup County Presiding Judge Jim Morris Juvenile Court of Cobb County Judge Robin Nash Juvenile Court of DeKalb County Assoc. Judge Robin Shearer Juvenile Court of Clarke County Chief Judge Hugh W. Stone Enotah Judicial Circuit OIJ Attorney General opinions Official opinions Firearms; permits. OCGA 16-11-126(e) requires that this state recognize and give effect to firearms permits issued by other states whose laws recognize and give effect to a Georgia permit. Only the states of Idaho, Michigan, Mississippi, New Hampshire and Texas do so. (8/18/97 No. 97-27) Motor vehicles; titles. Georgia law does not permit a certificate of title for a motor vehicle to be held in the name of a business trust. (912197 No. 97-28) Unofficial opinions Sexual offenders; registration program. Under OCGA 42-1-12, as effective July 1, 1997, the sheriff must release relevant information relating to sexually violent predators and is given the authority to determine what information and in what manner such information will be released. (8111197 No. U97-23) Magistrates; compensation. A first-term chief magistrate, who previously completed a four-year term as a magistrate after December 31, 1995, is entitled to a five-percent longevity increase under the provisions of OCGA 15-10-23Q). (8/21/97 No. U97-26) County officers; residency requirements. OCGA 45-2-1, which creates a one-year residency requirement for county officeholders, prevents a county from creating a more stringent residency requirement for its office-holders. (8/21/97 No. U97-27) Courts; fines in criminal cases. The provisions of OCGA 15-21-131, which impose an additional penalty of five percent for criminal offenses, include traffic offenses. (9117197 No. U97-28) Complete copies of these opinions are available from the AOC (404-656-5171). OIJ December 1997 5 Georgia Courts Journal Talk . .. Technology Talk ... Technology Talk . .. Technology Talk . .. Technology Talk . .. DeKalb Recorder's Court begins accepting credit card payments by phone DeKalb County citizens can now pay their traffic fines via telephone, 24 hours a day, seven days a week. " At the Recorder's Court, we've been trying to move toward a customerservice orientation.' Anything that we can do to make dealing with the court as painless as possible-we're trying," explains Cathy Mccumber, clerk of the court. "So far, we've been surprised. I really didn't know how many people would be willing to pay an extra fee, just for the convenience of using a credit card over the phone, but we have anywhere from 25 to 75 users a day." In June 1997, the court upgraded its computerized voice response system to allow callers to input a credit card number and pay their citations over the phone. Ms. McCumber sees the system's new payment feature as a great convenience to the public. She points out that mailing payments or paying fines in person can be inconvenient: the clerk's office is only open from 7 a.m. to 4 p.m on weekdays; the office does not accept checks; there may be a wait for a parking space; there may be a line. The voice response system allows citizens to make their payments from home or work at any time. She adds that by using a credit card, individuals can spread their payment over a period of months, if needed. There's a "budgeting aspect of it," she says. The clerk's office contracted with a California company to set up the payment element of the voice response system. The company provides equipment and software in exchange for receiving a "convenience fee" of $9.99 per transaction. "Like ordering concert tickets over the phone," Ms. Mccumber says. "So far, we've been surprised. I really didn't know how many people would be willing to pay an extra fee, just for the convenience of using a credit card over the phone, but we have anywhere from 25 to 75 users a day." At the end of the transaction, after the credit card charge is approved, a receipt number is issued. If a driver's license is being held pending payment of the fine, it is mailed back to the individual. The clerk's office benefits from the new payment system, too. Ms. McCumber says that credit card payments are more efficient, because the money goes ~to the bank the same day, "as opposed to when a money order is mailed here, and we do a receipt and send it to our county accounting office, and then they deposit it into the bank." Time savings for clerk's office personnel have been limited, however. "What it mainly has done is cut down on the number of payments that we receive by mail. From that perspective, it saves the time of the clerk who has to create those receipts," she says. "It's not a huge savings in time to us, because we ~till have to pull the citation and attach the receipt automatically generated by the system.... In my view, the prime benefit is to the public." The new payment system was fairly easy to implement, aside from a few glitches in getting it up and running. "It wasn't difficult for us because we already had the voice response part set up, " Ms. Mccumber says. Since 1990, an individual could call the clerk's office, punch in his or her citation number, and receive information about a traffic fine or court date. "We really just added a payment component to that," she says. The system has other features that the recorder's court has chosen not to use, including the ability to reset cases and schedule attendance at traffic school. The new payment system was established as a pilot project. After a year, the clerk's office will evaluate the response to see how often it's being used and whether the public finds it convenient. For more information, contact Ms. Mccumber (404-508-0368). She reports that court personnel from North Carolina recently visited her office to see the system in action. tc. Talk . .. Technology Talk . .. Technology Talk . .. Technology Talk . .. Technology Talk . .. Georgia Courts Journal 6 December 1997 Supreme Court adopts new JQC rules continued from page 1 or communicated by a campaign committee, if the candidate knew or reasonably should have known of its content prior to release; and 6. The existing"Applicability'' section has been completely rewritten to specifically make Canon 7 applicable to both lawyer and non-lawyer candidates and to require the JQC immediately to report alleged political misconduct by a lawyer candidate to the State Bar of Georgia for such action as may be appropriate under applicable bar rules. The rewritten section also empowers the JQC, after hearing, to recommend that an unsuccessful non-lawyer candidate be barred from seeking elective or appointive judicial office for a period not to exceed 10 years if found to be in violation of the new section. (For more details, see the text of Canon 7 below.) New rule on campaign conduct The Supreme Court also adopted a new rule to be numbered 27 and entitled "Special Committee on Judicial Election Campaign Intervention." The new rule sets forth procedures for use in the heat of a contested election that are completely new and drastically different from prior rules governing campaign conduct. Among other things, this new rule directs the commission chair to appoint in every year in which a general election is held in this state (and at such other times as the commission may deem appropriate) the senior member from each of the three categories of commission membership Gudge, lawyer, lay person) to a special committee whose responsibility shall be to deal fairly and expeditiously with allegations of ethical misconduct in campaigns for judicial office. The stated objective of this special committee is to alleviate unethical and unfair campaign practices in judicial elections and, to that end, the special committee is: 1. Authorized to require all candidates to forward notice of their candidacy, together with an appropriate mailing address, to the JQC within 10 days after formally announcing and/or officially qualifying for election or reelection; 2. Directed to distribute to all such candidates (by registered mail, return receipt requested): copies of Canon 7 of the Code of Judicial Conduct and new Rule 27; summaries of all previous formal opinions issued by the commission that relate in any way to campaign conduct and practices; and an acknowledgment form. The candidate must promptly return the form to the commission and certify that he/she has read and understands the materials forwarded and agrees to be bound by such standards during the campaign. The importance of full compliance with this section is emphasized in language declaring a failure to comply a per se violation and authorizing the commission to immediately publicize such failure to all candidates in that particular race and to all appropriate media outlets. 3. Authorized, upon receipt of a complaint or other information facially indicating a violation of any provision of Canon 7 during the course of a campaign for judicial office, to seek from both the complainant and/or the subject of the complaint, such further information as the committee deems necessary; to conduct such additional investigation as the committee may deem necessary; and to determine whether the allegations of the complaint warrant speedy intervention; 4. If speedy intervention is found to be warranted, the committee is authorized to immediately issue a ceaseand-desist request to the candidate and/or organization believed to be engaging in unethical and unfair campaign practices; and, if not, to dismiss the complaint and notify the complaining party; 5. If the cease-and-desist request is disregarded or if the unethical and/or unfair practices continue, the committee is authorized to immediately release to all appropriate media outlets, as well as the complaining party and the person or organization complained against, a public statement setting forth the violation believed to exist and the failure of the candidate and/or organization to honor the request to cease and desist. In addition, the special committee may refer the matter to the full commission for such further action as may be appropriate under applicable commission rules. All proceedings under this new rule are deemed informal and nonadversarial, and the special committee is required to act within 10 days of receipt of a complaint. Except as specifically authorized in the new rule, the proceedings of the special committee remain confidential as provided in Rule 20, and in no event is the committee authorized to institute disciplinary action against any candidate for judicial office. (For more details, see the text of Rule 27 on page 9.) The effective date of the changes outlined above is January l, 1998. Full compliance by all candidates for judicial office is expected and anticipated. Any questions concerning the changes should be directed to the JQC, Suite 206, 77 East Crossville Road, Roswell, GA 30075-3085 (770587-5208, phone; 770-587-5422, fax). Canon 7 Judges Shall Refrain from Political Activity Inappropriate to Their Judicial Office. A. Political Conduct in General. (1) A judge or a candidate for public election to judicial office shall not: See New ]QC rules, page 8 December 1997 7 Georgin Courts Journal Supreme Court adopts new JQC rules continued from page 1 (a) act as a leader or hold any office in a political organization; (b) make speeches for a political organization or candidate or publicly endorse a candidate for public office; Commentary: A candidate does not publicly endorse another candidate for public office by having his name on the same ticket. (c) solicit funds for or pay an assessment or make a contribution to a political organization, or purchase tickets for political party dinners, or other functions, except as authorized in subsection A(2). (2) Judges holding an office filled by public election between competing candidates, or candidates for such office, may attend political gatherings and speak to such gatherings on their own behalf when they are candidates for election or re-election. B. Campaign Conduct. (1) Candidates, including an incumbent judge, for any judicial office that is filled by public election between competing candidates: (a) shall maintain the dignity appropriate to judicial office and shall encourage members of the candidate's family to adhere to the same standards of political conduct as those applying to the candidate; Commentary: Because it is not possible or practical to define precisely the phrase "dignity appropriate to judicial office," this requirement is necessarily cast in general terms. While truthful criticism of an opponent and/or his/her performance is not prohibited, illustrative examples of campaign conduct falling below the standard enunciated by this section are found in numerous Formal Advisory Opinions issued by the Commission and specifically include, but are not limited to, the use of the title of a judicial office not currently held by the candidate or the use of the term "re-elect" when the candidate has never been elected at a general or special election to the office to which election is sought; the making and/or using of any false or misleading statement concerning the educational, occupational or professional accomplishments of any candidate, including an opponent; the making and/or using of any false or misleading statement concerning a candidate's mental condition, military service, or criminal record; and any other conduct which tends to bring ridicule, contempt or disrepute upon the high office to which election is sought. (b) shall prohibit officials or employees subject to their direction or control from doing for them what they are prohibited from doing under this Canon; and except to the extent authorized under subsection B(2), shall not allow any other person to do for them what they are prohibited from doing under this Canon; (c) shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; make statements that commit or appear to commit the candidate with respect to issues likely to come before the court; or misrepresent their identities, qualifications, present positions, or other facts. (d) shall not use or participate in the use of any form of public communication which the candidate knows or reasonably should know is false, fraudulent, misleading, deceptive, or which contains a material misrepresentation of fact or law or omits a fact necessary to make the communi- cation considered as a whole not materially misleading or which is likely to create an unjustified expectation about results the candidate can achieve. (e) shall be responsible for the content of any statement or advertisement published or communicated in any medium by a campaign committee if the candidate knew or reasonably should have known of the content of said statement or advertisement prior to its release. (2) Candidates, including an incumbent judge, for a judicial office that is filled by public election between competing candidates shall not themselves solicit campaign funds, or solicit publicly stated support, or be present at a function while solicitations of campaign funds on their behalf are conducted, but they may establish committees of responsible persons to secure and manage the expenditure of funds for their campaigns and to obtain public statements of support for their candidacies. Such committees are not prohibited from soliciting reasonable campaign contributions and public support from lawyers. Candidates, including incumbent judges, should not use or permit the use of campaign contributions for the private benefit of themselves or members of their families. C. Applicability. (1) This Canon generally applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline by the Judicial Qualifications Commission for his or her campaign conduct. (2) A lawyer who is a candidate for judicial office shall comply with all provisions of the Code of Judicial Conduct applicable to candidates Continued next page Georgia Courts Journal 8 December 1997 Supreme Court adopts new JQC rules continued for judicial office. An unsuccessful lawyer candidate is subject to discipline for campaign conduct by the State Bar of Georgia pursuant to applicable standards of the State Bar of Georgia, and the Judicial Qualifications Commission shall immediately report any such alleged conduct to the office of the General Counsel of the State Bar of Georgia for such action as may be appropriate under applicable bar rules. (3) An unsuccessful nonlawyer candidate is subject to discipline for campaign misconduct by the Judicial Qualifications Commission, and in addition to any other sanctions authorized by the Rules of the Judicial Qualifications Commission, the Commission, after full hearing, is authorized to recommend that such individual be barred from seeking any elective or appointive judicial office in this State for a period not to exceed 10 years. Rule 27 In every year in which a general election is held in this State and at such other times as the Commission may deem appropriate, the Chair shall name three ( 3) members to a Special Committee on Judicial Election Campaign Intervention ("Special Committee") whose responsibility shall be to deal expeditiously with allegations of ethical misconduct in campaigns for judicial office. The membership of such committee shall consist of the senior member of each of the three (3) categories of Commission membership if available, and if not, the next most senior member from that category. The Commission Director shall also serve as an exofficio member. The objective of such committee shall be to alleviate unethical and unfair campaign practices in judicial elections, and to that end, the Special Committee shall have the following authority: (a) Within the ten (10) days after formally announcing and/or officially qualifying for election or reelection to any judicial office in this State (whichever is earliest), all candidates, including incumbent judges, shall forward written notice of such candidacy, together with an appropriate mailing address, to the Judicial Qualifications Commission. Upon receipt of such notice, the Special Committee shall cause to be distributed to all such candidates by Registered Mail Return Receipt Requested copies of the following: Canon 7 of the Code of Judicial Conduct; this Rule 27; summaries of all previous Formal Advisory Opinions issued by the Commission which relate in any way to campaign conduct and practices; and a form acknowledgment which each candidate shall promptly return to the Commission and therein certify that he/she has read and understands the materials forwarded and agrees to be bound by such standards during the course of the campaign. A failure to comply with this section shall constitute a per se violation of this Rule autho- rizing the Commission to immediately publicize such failure to all candidates in such race and to all appropriate media outlets. (b) Upon receipt of a complaint or otherwise receiving information facially indicating a violation by a judicial candidate of any provision of Canon 7 during the course of a campaign for judicial office, the Director shall immediately forward a copy of the same by facsimile and U.S. Mail to the Special Committee members and said Committee shall: 1. Seek, from the complainant and/or the subject of the complaint, such further information on the allegations of the complaint as it deems necessary; 2. Conduct such additional investigation as the Committee may December 1997 9 deem necessary; 3. Determine whether the allegations of the complaint warrant speedy intervention and, if so, immediately issue a confidential cease-and-desist request to the candidate and/or organization believed to be engaging in unethical and/or unfair campaign practices; and if not, to dismiss the complaint and so notify the complaining party; 4. If a cease-and-desist request is disregarded or if the unethical or unfair campaign practices otherwise continue, the Committee is further authorized: (a) to immediately release to all appropriate media outlets, as well as the complaining party and the person and/or organization complained against, a public statement setting out the violations believed to exist and the failure by the candidate and/or organization to honor the ceaseand-desist request; and/or (b) to refer the matter to the full Commission for such action as may be appropriate under the applicable rules. (c) All proceedings under this Rule shall be informal and non-adversarial, and the Special Committee shall act on all complaints within ten (10) days of receipt, either in person; by facsimile; by U.S. Mail; or by teleconference. (d) Except as hereinabove specifically authorized, the proceedings of the Special Committee shall remain confidential as provided in Rule 20, and in no event, shall the Committee have the authority to institute disciplinary action against any candidate for judicial office, which power is specifically reserved to the full Commission under applicable rules. tt; Georgia Courts Journal