Transcripts of meetings, 1977-1981, v. 21. Legislative Overview Committee

STATE OF GEORGIA SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Transcripts of Meetings 1977-1981

MITTEE MEMBERS:
RGE BUSBEE IVERNOR IAIRMAN
. MILLER :UTENANT GOVERNOR
MAS B. MURPHY 'EAKER. HOUSE OF REPRESENTATIVES
ERT H. JORDAN liEF JUSTICE. SUPREME COURT
:LLEY QUILLIAN liEF JUDGE, COURT OF APPEALS
iAEL J. BOWERS "TORNEY GENERAL
CUS B, CALHOUN :NIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656 7158

COMMITTEES MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

SCHEDULE OF MEETINGS ON CONSTITUTIONAL REVISION LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTTEE ON CONSTITUTIONAL REVISION

June 4, 1981 to August 20, 1981

DATE

AGENDA

Thursday, June 4, 1981

Presentation of proposed revision of Articles I through X of the Constitution by respective Article Committee Chairmen

Friday, June 5, 1981

Consideration of local constitutional amendments

Wednesday, June 17, 1981

Article I (Bill of Rights) and Article II (Elective Franchise)

Thursday, June 18, 1981

Article VIII (Education)

Tuesday, June 30, 1981

Article IX (Counties and Municipal Corporations)

Wednesday, July 1, 1981

Article X (Retirement Systems and Educational Scholarships)

Tuesday, July 14, 1981

Article III (Legislative Branch)

Wednesday, July 15, 1981

Article IV (Constitutional Boards and Commissions) and Article V (Executive Branch)

Tuesday, July 28, 1981

Wrap-up meeting on articles considered to date

Thursday, August 6, 1981

Article VII (Taxation)

NOTE: Materials distributed at these meetings are included as a supplement to each of these transcripts.

MITTEE MEMBERS:
~GE BUSBEE 'VERNOR AIRMAN
MILLER .UTENANT GOVERNOR
~As B. MURPHY EAKER. HOUSE OF REPRESENTATIVES
~RT H. JORDAN IEF JUSTICE. SUPREME COURT
LLEY QUILLIAN IEF JUDGE. COURT OF APPEALS
IAEL J. BOWERS TORNEY GENERAL
;US B. CALHOUN NIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656-7158

COMMITTEES MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

DATE

AGENDA

Friday, August 7, 1981

Article VI (Judiciary)

Wednesday, August 12, 1981

Article XI (The Laws of General Operation on Force in this State) , Article XII (Amendments to the Constitution) and Article XIII (Miscellaneous Provisions) and general wrap-up.

Thursday, August 20, 1981 Final wrap-up meeting

Monday, August 24, 1981

Convening of Special Legislative Session

NOTE: Materials distributed at these meetings are included as a supplement to each of these transcripts.

PAGE 1

2

STATE OF GEORGIA

3
SELECT COMMITTEE

4

ON

5

CONSTITUTIONAL REVISION

6

7

8

9

10

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@;;.l"o>...

MEETING OF

! 14

LEGISLATIVE OVERVIEW COMMITTEE

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15

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16 ~...

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17 : THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21

22 Room 341 State Capitol
23 Atlanta, Georgia
24 Friday, August 7, 1981 9:00 a.m.
25

2
3 4
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6 7 8 9 10
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@);I'" ! 14 t;; % 15 olI "'":;) 16 .~.. oz 17 g 18 19 20 21 22 23 24 25

PAGE 2

INDEX

Consideration of:

Article VI, Section I, Paragraph I ......................... 4

"

"

Paragraph I I ........................ 16

"

"

Paragraph I I I ........... 16

"

"

Paragraph IV . . . .. . . . . .. . . 24

"

"

Paragraph V ........................ 0 32

"

"

Paragraph VI ........................ 69

"

II

Paragraph VI I ........... 82

"

"

Paragraph VI I I .......... 85

"

"

Paragraph IX ........................ 89

"

"

Paragraph 97 X ........ 0 ................

Article VI, Section II, Paragraph I ............ 1OL~

Article VI, Section 111 . . . . 120 0 0

Article VI, Section IV (Proposed) .............. 128

Article VI, Section IV, Paragraph I ............ 135

"

"

Paragraph II ........... 135

"

"

Paragraph III. ......... 136

"

"

Paragraph IV ........... 138

Article VI, Section V, Paragraph I .............. 139

"

"

Paragraphs II & III. ..... 140

"

"

Paragraph IV ............. 148

"

"

Paragraph 148 V ................ 0 ........ ..

"

"

Paragraph VI ............. 148

"

"

Paragraph VII ............ 156

Article VI, Section VI ...... ,., .......... Postponed

Article VI, Section VIII, Paragraph I .......... 171

"

"

Paragraph II ......... 192

"

"

Paragraph III ........ 215

"

"

Paragraph IV ...... , .. 219

"

"

Paragraph V.......... 219

"

"

Paragraph VI. ........ 220

"

"

Paragraph VII ........ 225

"

"

Paragraph VIII. ... , .. 227

Artic~e VI,'Section IX, Paragraph I

228

"

" paragraph 11.

236

Adj ournment

239

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: If everyone will take your seat,

3 we will commence the proceeding.

4

We have now Article VI, the Judicial Article, and

5 before starting off I will recognize Representative Lee.

6

REPRESENTATIVE LEE: Mr. Chairman, Mr. Governor,

7 in view of the fact we're taking up the judicial article today,

8 I just wondered if you had any announcements to make in regard

9 to some of the vacancies on the big court and what have you.

10

GOVERNOR BUSBEE: I think I'm going to wait and see

~

11 5"z if there's anything left for them before I fill the one that I
i.o..
12 have now.

~--- ~

We have Representative Wayne Snow, the chairman of

14 ~ the article committe; we have Judge Dorothy Beasley who is
on
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15 ~ the chairman of a subcommittee on the drafting of this article;
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16 ~we also have the Chief Judge and Chief Justice with us today,
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17 : and so they may feel free to comment on any thing that affects

18 them.

19

I will calIon now Wayne Snow for Paragraph I,

20 Section I.

21

REPRESENTATIVE SNOW: Thank you, Governor. Let me

22 just make one or two comments before we start.

23

I want to especially thank Judge Beasley for the work

24 that she has done on the subcommittee that has worked on the

25 drafting of much of this proposed article, and especially her

PAGE 4

work with the courts of limited jurisdiction.

2

We also have with us Judge Calhoun who served on the

3 con~ittee to draft the judicial article. He is also

4 available for any questions that may be asked of him.

5

In starting with Paragraph I of the proposed draft,

6 we are proposing that we have four classes of courts. That

7 would be the magistrate court, the probate court, the state

8 court and the superior court; and then we would have the

9 appellate courts.

10

The municipal courts of the state in the first

11

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paragraph

are

left

as

they

are

to

handle

those

questions

~;j relative to ordinances that may come up in those courts. We are not affecting them in any way.

14 !...

In our deliberations since this proposal in October

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15 o!) of 1980 we have traveled to many of the cities in the state

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16 ~... and we have had suggestions from many of the attorneys and

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17 g~ lay people who are interested in some of the courts.

18

We have also met with the Board of Governors of the

19 State Bar and have had their input and suggestions relative to

20 this since we made these proposals on October the 27th.

21

The judges' councils have also made suegestions to

22 us and for that reason --

23

Does everybody have a copy of the proposed draft?

24 Okay.

25

For that reason we are suggesting and I am suggesting

PAGE 5

that when a motion is made relative to Paragraph I which I

2 will make that there be added a new class of courts which

3 would be the juvenile courts and that their jurisdiction

4 would primarily stay just exactly the way it is now, and that

5 has been recommended to us by many of the judge classes of the

6 courts as well as the State Bar of Georgia and many other

7 interested persons.

8

I would therefore move that we adopt Paragraph I

9 with the placement of juvenile courts in Paragraph I.

9~

10

SPEAKER HURPHY: I object strenuously.

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GOVERNOR BUSBEE: All right. The motion is made to

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-- ~ 12"~ adopt Paragraph I of Article I. A VOICE: Seconded.

Is there a second?

14 )-1 t;

GOVERNOR BUSBEE: The motion is made and seconded.



1:

.. 15 ~ All right. Discussion .

:;)

16 .~..

SPEAKER MURPHY: Can I be heard?

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17 :

GOVERNOR BUSBEE: Mr. Speaker.

18

SPEAKER MURPHY: Do any of you have this draft here

19 (indicating)? It's not my draft now, it's been drafted by a

20 bunch of different folks. We took out --

21

P~PRESENTATIVE SNOW: You said yesterday that you had

22 done it in two days.

23

SPEAKER MURPHY: I did. I put the draft together in

24 two da.ys with notes from lavlyers from Savannah, Macon,

25 Augusta, Columbus, and all of my local bar. I went over it

PAGE 6

with my local bar in its entirety.

2

REPRESENTATIVE SNOW: This is the Haralson County

3 Draft?

4

SPEAKER MURPHY: Whatever you want to call it. It

5 sure ain't the Snow Draft, it ain't a Snow job.

6

(Laughter.)

7

SPEAKER l1URPHY: What it does, it takes out -~ the

8 first paragraph takes out the juvenile courts as a part of the

9 superior courts, the family courts. You've got an amendment

10 down there that I added that says the juvenile courts will

9 ; ;11

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as

now

or

hereafter

prescribed by

law,

As they're

now set up throughout the state they'd continue like they was.

I changed the language up there because some of the

! 14 ... lawyers I talked to said the way they had it drafted they've

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16 ~...

The following classes of courts: Hagistrate

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17 :

courts, probate courts and state courts, all of

18

which classes shall be limited jurisdiction courts,

19 and it goes on to say the others.

20

This draft we've prepared makes all the courts one,

21 then it goes down and says magristrates courts, probate courts

22 and state courts shall be courts of limited jurisdiction.

23 We thought it made it clearer and plainer to do it that way.

24 That's the reason we drew it that way.

25

It leaves the thing basically like they put it in

PAGE 7

there except that it takes juvenile courts as a part of the

2 family or superior court out and leaves them exactly as they

3 are, so I would offer the amendment of that draft as to

4 Article I.

S

GOVERNOR BUSBEE: Mr. Speaker, let me ask you a

6 question where we can follow. I don't quite follow.

7

Taking the proposed Paragraph I, would you point out

8 the changes you have? You're striking out

9

SPEAKER MURPHY: The first change it strikes out

10 "which shall include a juvenile or family court division as

a part of the superior court," it strikes that in its

entirety.

I put down at the bottom of that amendment which
,
says "Juvenile courts will continue as they are now or hereafte

prescribed by law. II

GOVERNOR BUSBEE: Let's slow do\vn a minute and get

organized.

18

You don't have a copy of the Speaker's proposal

19 right here? They don't have a copy of it.

20

SPEAKErr 11URPHY: There they are right there

21 (indicating.)

22

REPRESENTATIVE SNOW: Here they are.

23

GOVERNOR BUSBEE: Let's pass those out.

24

(Pause. )

2S

PPRESENTATIVE SNrnv: Governor.

PAGE 8

GOVERNOR BUSBEE: Let them pass those out. If you

2 want to be speaking and they don't need anything to look at

3 while you're speakin8, GO ri3ht ahead.

4

REPRESENTATIVE SNOW: I was just going to suggest

5 that there is no difference in our feelings that the juvenile

6 courts should be put in there as a class and that they should

7 continue to have the same jurisdiction that they've got right

8 now, and I'm just suggesting that if that is the only area of

9 contention that we just submit this to the staff for drafting

10 and that

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SPEAKER MURPHY: What I'm trying to do is remove the

~ -12 ~juvenile court as a division of the superior court and family 'court. because all tbe -- most of the judges out in the rural

14 ~sections don't want that because they don't wan~ to serve a

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..15 : year as a family court .

~

16 .~..

REPRESENTATIVE SNOW: That's part of my motion.

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17 ~

SENATOR LITTLEFIELD: Mr. Speaker, I'm looking over

18 your proposed amendment, and I don't see any mention of

19 juvenile court in here in Paragraph I.

20

SPEAK~R MURPHY: If you'll see the amendment to that,

21 you'll see there's a separate sheet that says "Juvenile courts

22 will continue as now or hereafter prescribed by law:"
23
GOVERNOR BUSBEE: Does everybody have a copy of
24
that's entitled "Murphy'Amendments"?
2S
SENATOR BARNES: I have the Murphy Substitute.

PAGE 9

I don't have the Murphy Amendments.

2

SPEAKER MURPHY: Give them the amendments, Bel.

3 You've got them, I give them to you.

4

GOVERNOR BUSBEE: Okay. We're going to suspend

5 until you have three things.

6

SPEAKER MUP~HY: That's all it says is --

7

GOVERNOR BUSBEE: One is the working document, one

8 is the proposal which is about 16 pages there by the

9 Speaker, and then right now we have what is entitled Murphy

10 Amendments, and on that it says "By adding at the end of

11

CzI ~Article

VI,

Section I,

Paragraph I,

the following:

Juvenile

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A-
@ - I12 ~ courts will continue as now or hereafter prescribed by law." SPEAKER 11URPIlY: That's my amendment now to my

14 ~ substitute draft of the article.

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If you'll look, the only change in the main part of

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16 ~ the draft is it struck "which shall include a juvenile or

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17 g family court division," but it did change the structure of

18 the paragraph. They've got it up there, they list the three

19 courts which shall be limited jurisdiction; we listed all of

20 the courts, and then came back and said which ones was limited

21 jurisdiction. We thought it was clearer and plainer by doing

22 that. That's the only change.

23

SENATOR HOLLOWAY: Mr. Chairman.

24

GOVERNOR BUSBEE: Senator Holloway.

25

SENATOR HOLLOWAY: I've been confused about this

PAGE 10

article a long time, but I think we can really get more

2 confused. Are we amending Mr. Murphy's, or are we amending

3 the Select Comrnittee's, or how are we going to --

4

SPEAKER MURPHY: My amendment is to my amendment.

5

SENATOR HOLLOVJAY: Are we going to go on your

6 article or the Select Committee's?

7

SPEAKER MURPHY: No, sir. We're voting on the

8 Select Committee's article. This is Article I.

9

GOVERNOR BUSBEE: From a procedural standpoint, I

10 just want to get the information out there and I'll straighten

11

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out

the procedure.

@);i The procedure that we are under now is that we have had a motion and a second to adopt Paragraph I. I think that

!..14 Mr. Murphy is now moving -- I'll ask him if he's moving -- are '<"l :J:
15 .:l you moving for a substitute and then an amendment to the
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17 :

SPEAKER MURPHY: I'm moving that we adopt our

18 substitute drafted by a group of us, we'll say for the

19 purposes of this discussion drafted by me because I did put

20 it together from the as amended by adding "Juvenile courts

21 will continue as now or hereafter prescribed by law" so that

22 Paragraph i of Section I of Article VI would be as I have

23 drafted it with that language, that half a sentence added at

24 the end.

25

GOVERNOR BUSBEE: Okay. Everybody can stop and

PAGE 11

study. We're just going to have to go a little slower here

2 because we have three sheets to work off of.

3

REPRESENTATIVE SNOW: Governor, would you like me

4 to go through the motion that I made and so that they can

5 strike through on the proposed draft?

6

GOVERNOR BUSBEE: Okay. Proceed, Mr. Snow.

7

REPRESENTATIVE SNOW: All right. On the proposed

8 draft, page 1, the motion would be to adopt Paragraph I,

9 after probate courts to put in after the connna "juvenile

10 courts," and then it would read "and state courts, all of

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11 oja:: which classes shall be limited jurisdiction courts; superior lwl.
@;I courts," and then strike the language "which shall include a juvenile or family court division."

! 14 I-

Then it would read -- the rest of the paragraph

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GOVERNOR BUSBEE: All right. Let me make sure,

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17 : working off the main draft you're saying:

18

The judicial power of the state shall be

19

vested exclusively in the following classes of

20

courts: magistrate courts, probate courts,

21

juvenile courts and state courts.

22

REPRESENTATIVE SNOW: State courts.

23

GOVERNOR BUSBEE: You would leave in "all of which

24 classes shall be limited jurisdiction courts."

25

REPRESENTATIVE SHOH: Yes, sir, I'm leaving it in

PAGE 12

because we made reference to it --

2

GOVERNOR BUSBEE: Superior courts, and then you

3 would strike the words "which shall include a juvenile or

4 family court division."

5

REPRESENTATIVE SNOW: That's correct.

6

GOVERNOR BUSBEE: The remainder of the paragraph

7 would remain as is.

8

REPFESENTATIVE SNOW: Intact.

9

GOVE&~OR BUSBEE: That was your motion?

10

REPRESENTATIVE SNOW: Yes, sir.

" 11 ~z

GOVERNOR BUSBEE: The Speaker's motion is, taking

o...

~ - !12 ~this l6-page sheet there -- I think we can expedite, I'll just call it the Speaker's copy -- then you have this amendment

14 ~ and it's simply an addition at the end of Paragraph I .

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15 ~

SENATOR BARNES: That will be referred to as

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16 ~ Nurphy' sLaw?

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17 :

GOVERNOR BUSBEE: All right. The motion before you

18
now is the substitute Paragraph I.
19
REPRESENTATIVE MILFORD: Mr. Governor.
20
GOVERNOR BUSBEE: All right.
21
REPRESENTATIVE MILFORD: Where did the JP' s go?
22
Who's going to handle their function in the counties?
23
REPRESENTATIVE SNOW: Let me explain that.
24
The justices of the peace, the two or three
25
magistrate courts we now have in the state, the small claims

PAGE 13

courts would all be combined into what we would then call a

2 magistrate court.

3

REPRESENTATIVE HILFORD: \Vho's going to pay them?

4

REPRESENTATIVE SNOW: We're going to come to that

5 later.

6

REPRESENTATIVE MILFORD: Do you \Vant to answer the

7 question?

8

REPRESENTATIVE SNOW: We are suggesting that the

9 state pay them salaries.

10

REPRESENTATIVE MILFORD: Pay them salaries?

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11 i.o..=...:..

REPRESENTATIVE SNOW: Yes. There would be minimum

@);~j salaries that the state would provide. A VOICE: What is the minimum salary?

! 14

A VOICE: It would be provided by law.

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15 ~

REPRESENTATIVE MILFORD": This is going to be in the

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16 .~.. constitution?

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A VOICE: Have they eot to be lawyers?

18

REPRESENTATIVE SNOW: No. Your courts of limited

19 jurisdiction, the magistrate's courts will not have to be

20 attorneys. Probate courts will not have to be attorneys.

21 That's on over in the article.

22

We're first setting them up.

23

GOVERNOR BUSBEE: Let's have some order now. We're

24 going to have a lot of amendments, I want everybody to

25 completely understand what we're voting on.

PAGE 13

Now, you had a question. If you need further

2 explanation, pay attention please to Representative Snow.

3 If you have a question, address it to the chair.

4

Proceed.

5

REPRESENTATIVE SNOW: Proceed with what?

6

GOVERNOR BUSBEE: You had a question. I don't know

7 whether you answered it. If you think you did, then is there

8 any other question?

9

All right.

10

REPRESENTATIVE MILFORD: Hhere in this document does

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11

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it

tell

who's

going

to

pay

for

these

courts

and

the

cost

of

a~j them? In other words, we've abolished all small claims courts in the state.

! 14 l-

REPRESENTATIVE SNOW: No. They will all be continued

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15 ~ We have a

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16 .~..

REPRESENTATIVE HILFORD: But we'll change the

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17 : compensation of them?

18

REPRESENTATIVE SNOW: There will be a compensation

19 that will be provided by law, yes, in Section IX.

20

GOVERNOR BUSBEE: All right. Mr. Speaker.

21

SPEAKER }illRPHY: The answer is the article they

22 drafted, and I took what they drafted, does away with the

23 justice of the peace courts, it makes magistrate courts; it

24 makes no mention how they will be paid, the General Assembly

25 will have to fix that by statute which I assume they're

PAGE 14

going to want us to provide a salary for them, but it's not

2 spelled out in their document or our document or any document

3 I've seen.

4

REPRESENTATIVE SNOI.T: It should not be set out.

5 That should be left up to the General Assembly of Georgia to

6 do it.

7

SPEAKER MURPHY: I just wanteJ to answer the question

8

REPRESENTATIVE SNOW: All right, sir.

9

GOVERNOR BUSBEE: Does that answer your question?

10

All right. Further questions? Representative

Pinkston?

REPRESENTATIVE PINKSTON: Mr. Snow, this phrase in

here that these courts shall be of limited jurisdiction, now

I'd like to know what you're talking about, whether it's

covered in any other part of the document as to what this

limited jurisdiction is.

REPRESENTATIVE SNOW: As far as the jurisdiction of

18 these courts is concerned, we leave the jurisdiction of the

19 limited jurisdiction courts as it will be provided by law.

20

SPEAKER MURPHY: That's not exactly right either..

21 t~at it provides is that the jurisdiction of the superior

22 courts will be exclusive in the same cases they have now,

23 and it leaves the state courts with the same jurisdiction

24 they have now, that jurisdiction not reserved to the Supreme

25 Court -- or superior court. That's exactly what it does.

PAGE 15

REPRESENTATIVE PINKSTON: I'm particularly interested

2 in the state courts.

3

REPRESENTATIVE SNOW: I have some recommendations to

4 make on that too.

5

SPEAKER MURPHY: The state courts' jurisdiction may

6 very well be changed by either draft.

7

GOVERNOR BUSBEE: We'll corne to the jurisdiction of

8 these courts. The only court of unlimited jurisdiction today

9 is the Superior Court; it remains that way when we corne to the

10 jurisdiction of limited courts in just a minute.

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11 i=
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All right.

~;i Any other questions? All right.

Any other questions concerning this? The motion is on the substitute by

14

~
I-

Speaker

Murphy,

and I

will

incorporate his

amendment with the

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15 oll substitute. That would be the 16-page document you have,

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16 .~.. add to that the words "Juvenile courts will c mtinue as now

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17 f: or hereafter plfSctibed by law." That is the motion.

18

All those in favor of the motion rise and stand

19 until you're counted.

20

(A show of hands.)

21

A VOICE: Wait a minute. What's the motion now?

22

GOVEfu~OR BUSBEE; The motion is on the Speaker's

23 substitute.

24

SPEAKER MURPHY: This is my substitute.

25

(A show of hands.)

PAGE 16

GOVEm~ORBUSBEE: Reverse your positions.

2

(A show of hands.)

3

GOVERNOR BUSBEE: On passing the substitute motion,

4 in the House and ayes are 21, the nays are two; in the Senate

5 the ayes are 15, the nays are one.

6

Paragraph II.

7

REPRESENTATIVE SNOW: Paragraph II is what was

8 adopted a few years ago setting up that all courts of the

9 state shall comprise a unified judicial system.

10

I move its adoption.

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11 j:
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SPEAKER HURPHY: I second it.

12 '"

GOVERNOR BUSBEE: All right.

is to adopt it. It's seconded.

9 r l! 14 ......

Discussion?

Paragraph II, the motio

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15 ~

Is there objection? Hearing none, it's adopted.

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Paragraph III.

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17 '" ......,.-.........'~',.". ,

III

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1/ REPRESENTATIVE SNOW: Paragraph III, Mr. Chairman,

18 deals with the transfer of -- or not the transfer, but judges

19 being able to sit in other courts if they're otherwise

20 qualified.

21

That would mean that a justice of the Supreme Court

22 could if they wanted to, and the magistrate's court wanted him

23
to, he could sit in the magistrate's court as a judge, or
24
vice versa if they're otherwise qualified.
25
Now, this is an internal thing among the courts;

PAGE 17

it has absolutely nothing to do with the procedures or the

2 rules of those courts, it's just s.imply a matter of how those

3 mechanics are going to be worked out.

4

I move its adoption.

5

SPEAKER MURPHY: The difference in his -- permit me

6 to say something.

7

The difference in his version and the version that

8 we have prepared and the Governor has labeled as the Murphy

9 version is that this would be done under rules prescribed by

10 the Supreme Court; we changed it in our draft as prescribed
11 zC~I by law because that's invading the province of the General
f
Q .- !12 ~ Assembly. I might call your attention to one other thing that
14 ~ might happen under this article -- I don't say it's good or
'"
:J:
15 ~bad -- you mieht have magistrates who are lawyers, and him and CcrI: ;;)
16 ~a Superior Court judge under the rules set down by anybody 17 :czcould agree, and you might have a magistrate serving as a

18 superior court judge under this rule, so that's altogether

19 possible.

20

REPRESENTATIVE SNOW: If he were otherwise qualified,

21 there wouldn't be anything wrong with it.

22

SPEAKER 11URPHY; Yeah, but a justice of the peace

23 elected in Haralson County, with agreement between him and the

24 Superior Court judges he might serve as Superior Court judge

25 n Douglas, Paulding, Polk Counties under this article.

PAGE 18

REPRESENTATIVE SNOW: That would be up to the courts

2 themselves to make those decisions. I think it stays within

3 the purview of the court, it's simply a matter of mechanics,

4 it is something that we should not become involved with in

5 the General Assembly of Georgia. It should be left up to

6 those courts.

7

GOVERNOR BUSBEE: I want to slow down just a minute,

8 I don't know whether I fully understand right now.

9

Presently like if you have like a justice who's

10 disqualified, and I'll address this to the Chief Justice, say

"z
11 ~ you call a Superior Court judge up to sit on the Supreme o "1M
~--- I12 ~ Court when someone is disqualified, now is that done under rules of the Supreme Court, do you do it or is by law?

I
14 ~ v,7hat is it?

':z":

15 ~

CHIEF JUSTICE JORDAN: That's done by statute. It

cr:

;)

16 ~CD might be in the constitution, but we're only at the present

Qz

17 : time authorized to call a Superior Court judge.

18

REPRESENTATIVE SNOW: We're dealing with the

19 mechanics of this thing, Governor.

20

SPEAKER MURPHY: It's set by law now.

21

CHIEF JUSTICE JORDAN: I would like to ask the

22 Speaker why he struck rules by the Supreme Court and put

23 rules by law. I would think that was an invasion of the right

24 of the right of the judiciary.

25

SPEAKER MURPHY: No, sir, because that's the law

PAGE 19

now. We fix the law now, the General Assembly does, as to

2 how judges can go for one another. We passed a law not long 3 ago where state court judges could sit as Superior Court 4 judges I'm sure you're aware of, sir, and I think that is the 5 prerogative of the General Assembly to set up the courts.

6 As my understanding it's always been the prerogative of the 7 General Assembly to pass the laws and the courts to construe 8 them, and that's a right we've guarded very jealously and

9 it's one that I propose to continue to guard, sir, very

10 respectfully.

"z
11 le-:

GOVERNOR BUSBEE: Do we have a motion? Do you move

f...

12 ~ adoption, Wayne?

@rl

REPRESENTATIVE SNOW: I move the adoption of

! 14 Paragraph III. I4

2:

15 q

GOVERNOR BUSBEE: Is there a second?

"e:
:)

16 ~...

A VOICE: Seconded .

Qz

17 ~

SPEAKER MURPHY: I move that we strike from that

18 "By the Supreme Court" and add, change to "prescribed by

19 law" and let the General Assembly fix your rules.

20

A VOICE: I second.

21

GOVERNOR BUSBEE: The motion is made and seconded

22 that the main motion be amended by striking on line 27 the

23 words "by the Supreme Court" and inserting "by law, as

24 prescribed by law."

25

REPRESENTATIVESNOH: Judge Beasley would like to

PAGE 20

address that.

2

GOVERNOR BUSBEE: Judge Beasley.

3

JUDGE BEASLEY: Thank you, Mr. Governor.

4

I think we're confusing two things here. vlhen we

5 say it's provided by law now for the Supreme Court to call up

6 Superior Court judges, that is true. The distinction is that

7 we would provide it by constitution.

8

Now, how it is worked out, that is whether it's done

9 by letter, whether you have to give seven days' notice, who

10 it is you choose who is going to come up there, and how you

Czl

11

j:
Ill:

get

the

approval

of

the

courts

or

the

judges

in

the

court

9);;.2.. he's coming from, that is just all mechanics, and those are the rules that we're talking about that the Supreme Court

! 14 would be doing, not whether they were authorized or not, IOIl :z:
15 ob you would be doing that now in the constitution in lieu of Cl Ill: ::l
16 .~.. a law, but we're talking about merely the mechanics being Q Z
17 ~ worked out so that you don't have to come running to the

18 General Assembly to get a rule with regard to if you need

19 another judge on a Superior Court temporarily and who it's

20 going to be and how you're going to find out and so forth.

21 This is just a matter of coordinating different calendars

22 is what it amounts to, and that should be by rule that can

23 be flexible and not by statute that has to be -- we have to

24 wait a whole year to change.

25

GOVERNOR BUSBEE: Senator Ballard.

PAGE 21

SENATOR BALLARD: But is it not true that if we

2 leave it with the General Assembly, the General Assembly by

3 law can designate what judges shall do and cut out this about

4 putting magistrates up on the Superior Court or vice versa?

5 We could set parameters under the Speaker's plan which we

6 could not do under the judicial plan.

7

JUDGE BEASLEY: You're really setting the parameters

8 already in the constitution itself by saying that they would

9 have to be qualified as provided in the constitution, so that

10 for example you could never have a non-lawyer judge sitting

11

z"
i..ao=..:..

on

the

Superior

Courtj

it would have

to be somebody who had

Q~ ; j been admitted to practice for seven years and had been a lawyer

as well.

14! t;

SENATOR BALLARD: Hr. Speaker, I am always leery of

:<rl

15 01) coming up and although they may have the qualifications,

"a:
;;)

16 ~... there are a lot of people that might have the written

zQ

17 : qualifications or a degree or something of that nature or

18 have been sitting in an office, but now I would feel awful

19 bad having a client or someone else going in, a member of my

20 family or so going in and someone from a much inferior area

21 being called up by some judge to hear this thing and it being

22 done by the judicial itself.

23

I would a lot rather have it where we can set some

24 guidelines for this thing to go by. We've done it in the

25 past, we have had no problems with it; I see no reason for

PAGE 22

for changing or making changes just for the sake of changing.

2

JUDGE BEASLEY: Mr. Ballard, it's a matter of

3 shifting manpower to where it is needed after you and the

4 people of the state vote in the constitution as to what the

5 minimum qualifications of any judge are.

6

GOVERNOR BUSBEE: Mr. Speaker.

7

SPEAKER 11URPHY: I must respectfully disagree with

8 the distinguished judge. The question is a very, very, very

9 simple and elementary question whether the General Assembly

10 is going to pass laws or the judiciary is going to pass laws.

That's the issue right there. Are we going to give them the

right to pass laws, or are we going to continue to have the

right to pass laws ourselves? It's that simple.

GOVERNOR BUSBEE: Representative Coleman.

REPRESENTATIVE COLEMAN: lfr. Chairman, I think

there's another question involved. The pUblic, the people who elect Superior Court judges elect a person or persons to 18 be a Superior Court judge, and elect a magistrate or whatever. 19 They have already decided that this person should be a 20 Superior Court judge and is qualified by their standards, 21 and they have not chosen somebody else to do that, and I think 22 the public would resent the shuffling of manpower from an 23 inferior court to a Superior Court or vice versa on that 24 basis; just the 'fact that they are elected to different offices 25 based on different qualifications of judges by the people

PAGE 23

would be enough for me to vote against the present proposal

2 by the committee.

3

GOVERNOR BUSBEE: \~at we're considering now is

4 an amendment by the Speaker to strike the words Supreme Court

5 and put law, that's what we're doing.

6

REPRESENTATIVE COLEMAN: I understand, but we would

7 be doing it by law and not leaving it up to the judiciary.

8

SPEAKER MURPHY: That's right.

9

GOVEP~OR BUSBEE: All right. Any other discussion?

10

If not, the question is on the adoption of the

~

11

"z~ Speaker's
.o.....

amendment

to

strike

the

Supreme

Court

and

insert

12 ~ the word law.

~_. ,

All right. All those -- Is there objection to the

14 ~ adoption?

<C(

:l:

15 .:l
'""
:::>

SENATOR BALLARD: For clarity now we're voting on the

16 ~ Speaker's proposal; is that correct?

z

<C(

17 :

GOVERNOR BUSBEE: It would be based on the

18 legislature rather than the Supreme Court, that's correct.

19

SENATOR HOLLOWAY: Objection.

20

GOVERNOR BUSBEE: All those in favor rise and stand

21 until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: Reverse your position,

24

(A show of hands.)

25

GOVE~~OR BUSBEE: All right. On the adoption of

PAGE 24

the amendment, the ayes are 25 are in the House, the nays

2 are one; in the Senate the ayes are nine and the nays are

3 five. The amendment is adopted.

4

Now the question is on the adoption of Paragraph III

5 as amended. Is there objection?

6

Hearingmne, it's adopted.

7

Paragraph IV.

8

REPRESENTATIVE SNOW: Paragraph IV deals with the

9 exercise of equity power, and it provides what each court

10 can do in aid of its jurisdiction to have equity power, and
11 "~z I do move that we remove on line 4 the words "habeas corpus"
f...
~--- ~12 '" and that GOVERNOR BUSBEE: Just a minute, before you do that

14 ~ move for the adoption of Paragraph IV and let's get a second.

':"z:

15 0

REPRESENTATIVE SNOW: Move for the adoption of

"'";;)
16 ~ Paragraph IV, with one exception and that is the elimination

Qz
17 ~ of habeas corpus on line 4.

18

SENATOR BARNES: I second it.

19

GOVEm~OR BUSBEE: Is there objection?

20

SPEAKER }ITffiPHY: Yes, sir, I object.

21

GOVERNOR BUSBEE: To removing habeas corpus?

22

SPEMCER MURPHY: No, I've got no objection to that.

23

GOVERNOR BUSBEE: Is there any objection to removing

24 habeas corpus as a part of the main motion? If not, the 25 paragraph that's under consideration is Paragraph IV as

PAGE 25

written with the deletion of habeas corpus.

2

All right. Mr. Speaker.

3

SPEAKER MURPHY: I would like to call to your

4 attention this article is labeled exercise of equity power,

5 and in the version we've prepared we chal18cd equity power

6 to judicial power, the reason for that being very simple.

7

If you give equity power on all those things you'll

8 have probate courts construing wills, you'll have just a

9 little bit of everything. Equity should be reserved to the

10 Superior Court, the judges there, and it ought not to be in

III

Z

11

I-
o..I..X..

probate

court

and all

those

sort

of

courts,

and

that's

exactly

9 r l12 ~ what you would allow them to do if you leave it like this. GOVERNOR BUSBEE: Some of them are not following,

14 ~I Mr. Speaker. You move for the adoption of the substitute

'"

:I:

IS ~ Paragraph IV?

III

IX

::>

16 .~..

SPEAKER MURPHY: Yes, sir, with habeas corpus

Q

Z

17 : stricken out of it.

18

GOVEID~OR BUSBEE: Is there any objection on the

19 Speaker's version to deleting the words "habeas corpus"?

20 Hearing none, it's deleted.

21

All right. You move for the

22

SPEAKER 11URPHY: Yes, sir.

23

GOVERNOR BUSBEE: All right. You're moving to

24 substitute Paragraph IV, your proposal with the deletion of

25 habeas corpus.

PAGE 26

Is there a second?

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: There is a second.

4

All right. Now the discussion is on the substitute

5 proposal which is on the Murphy amendment which is Paragraph

6 IV with the deletion of habeas corpus.

7

Discussion? All right. Hearing no discussion, is

8 there objection to the adoption of ParaGraph IV by

9 substitute?

10

SENATOR HOWARD: Governor, let me ask one question.

I:J

Z

11 i=
.'o."....

GOVERNOR BUSBEE: All right. Senator Howard.

@j);i SENATOR HO\JARD: Mr. Chairman, I would like to ask Mr. Snow whether or not he agrees with the interpretation by

14

~
I-

the

Speaker

that

if we

pass

--

':"z:

15 .:

REPRESENTATIVE SNOW: I think it's an incorrect

I:J

'~"

16 .~.. interpretation, but I don't think it makes that much difference

Qz

17 g

SPEAKER MURPHY: By the way, that thing also has one

18 other thing, Senator. We added in there "Each Superior Court

19 and state court may grant new trials on legal grounds" which

20 they had left totally out of the constitution in their draft,

21 and we put it in here because we felt like the Superior Courts

22 and state courts ought to have a right if they make an obvious

23 error to grant a new trial, and under their version as they

24 had given it to me they would not have had that right.

25

GOVERNOR BUSBEE: Judge Beasley.

PAGE 27

JUDGE BEASLEY: Two things. One with regard to the

2 change of the word judicial power to equity, or from equity

3 power to judicial power, what we are really talking about

4 there are equity powers to effect judgments which have been

5 regarded as equity powers, so that a court could effect its

6 own judgments only insofar as its judicial powers are

7 concerned, only to that extent of course.

8

Of course whep we're talking about specific

9 performance, quo warranto, injunctions and so forth those

10 are equity powers, so it's a misnomer to call it judicial

power, although since that it just the title of it it probably

doesn't make a whole lot of difference, but it would more

accurately be as stated equity power.

Now, on the second portion of the Speaker's suggestion about the trial courts shall have the power to

grant new trials, the reason that was left out was because

we felt that that is already provided by law and should be

18 provided by law, it is not a ~onstitutional principle, and

19 that is the reason that we left it out.

20

If in fact, however, you think that it ought to go

21 in just kind of line an appendage, it ought to go in the next

22 paragraph in line 13, at the end of the sentence in line 13 23 rather than in the paragraph which deals with the jurisdic24 tion of equity power.

25

SENATOR HOvJARD: May I ask you another question?

PAGE 28

Do you agree with the Speaker's observation that if

2 we pass the proposed draft that it would give, for example,

3 the probate courts the power to construe wills as opposed to

4 the superior courts?

5

JUDGE BEASLEY: No, sir. The jurisdiction of each

6 class of courts would be as provided by law. This Paragraph

7 Number IV only relates to equity types of powers which are

8 spelled out specifically in the superior court and the other

9 side of the coin as it relates to effecting their own

10 judgments, so that if, for example, I enter a judgment in

l:I

11

Z j:

state

court

you

should not

have

to

go

to

superior

court

to

9 ; ;...oI.l.l.:. enforce that judgment. SPEAKER MURPHY:

My answer to the last sentence is

! 14 very simple, you know what equity is defined in the law as



M:z:
15 .: well as I do.

l:I

Ill:

~

16 ~...

GOVERNOR BUSBEE: Further discussion on the

Q

Z
17 li:i substitute?

18

REPRESENTATIVE JOHNSON: Mr. Chairman.

19

GOVERNOR BUSBEE: Representative Johnson.

20

REPRESENTATIVE JOHNSON: Just an inquiry. lVhy are

21 we striking habeas corpus out of this?

22

GOVERNOR BUSBEE: The question is why we're striking

23 habeas corpus.

24

SPEAKER MURPHY: Because the court can already do

25 it, Rudolph, and this would change the law restricting it.

PAGE 29

GOVERNOR'BUSBEE: Is there obj,ection to ordering

2 the previous question?

3

The motion is on the adoption of the substitute

4 with the words habeas corpus stricken.

5

All those in favor rise and stand until you're

6 counted.

7

(A show of hands.)

8

SENATOR HOWARD: Could you restate what we're voting

9 on, Mr. Chairman?

10

GOVERNOR BUSBEE: The substitute.

I:l

11 ;Z:
'o."".".

Reverse your position.

(A show of hands.)
@ ; j GOVERNOR BUSBEE: All right. In the House the ayes
~ 14!... are 22, the nays are one; in the Senate the ayes are seven

'"<4(
:r

15 ~ and the nays are nine. The amendment is -- the substitute is I:l

'":;;)
16 ~... lost .
gQz
17

All right. Then we 80 to the main motion now" the

18 main motion being Paragraph IV as written, and it would have

19 the words habeas corpus deleted.

20

SENATOR BALLARD: Hr. Chairman.

21

GOVERNOR BUSBEE: All right.

22

SENATOR BALLARD: vfuat is the situation now? If

23 we defeat this main one, what position does that put us in

24 then?
25

GOVERNOR BUSBEE: It will go to conference committee,

PAGE 30

SENATOR BALLARD: Thank you.

2

GOVERNOR BUSBEE: Let's try and work as many of these

3 out today because I r~ally feel like that we're not going to

4 bp. able to sit but one ~ore day and we're going to have an

5 opportunity to work all these out with everything else that's

6 hanging, so I'm just struggling to perfect these as best we

7 can. If we can't, of course it goes to conference committee.

8

(Pause. )

9

GOVERNOR BUSBEE: Representative Burruss.

10

REPRESENTATIVE BURRUSS: Mr. Chairman, I move we

11

"z
;c:r:: amend

the main motion by

adding

the

following

words:

"Each

f...

@!);~ superior court and state court may grant new trials on legal grounds. II

! 14

GOVERNOR BUSBEE: All right. The motion is you

to-

'~"

:E:

15 011 take the last sentence from the Murphy amendment which is

~

:::)

16 .~.. "Each superior court and state court may grant ne~v trials on

az

~

17 :: legal grounds." Is there a second to the amendment?

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: The motion is seconded.

20

SENATOR HOLLOWAY: I thought we defeated the Murphy

21 amendment .

22

GOVERNOR BUSBEE: vlliat we're talking about is going

23 back to the main motion which is Paragraph IV that you have

24 on the long handout and going to the main motion and adding

25 the words from the Murphy amendment which is the last sentence

PAGE 31

of the Murphy amendment which was just defeated which reads

2 "Each superior court and state court may grant new trials on

3 legal grounds."

4

SENATOR HOLLOWAY: Oh.

5

JUDGE BEASLEY: It should be any trial court

6 actually because any court that could hold a trial oueht to

7 be able to grant them.

8

GOVERNOR BUSBEE: The Speaker accepts that, any

9 trial court -- any trial court or state court --

10

JUDGE BEASLEY: No, just trial court,

"z
11 i=

GOVERNOR BUSBEE: It would read "Any trial court may

..Iol..l..:

@;I grant new trials on legal grounds," that would be correct. All right. The Speaker accepts that as part of his

! 14 amendment. Is there a second?

I-

'"
:r

15 ~

A VOICE: Seconded.

"Ill:
::;)

16 ~...

GOVERNOR BUSBEE: There is a second.

Qz

17 : Burruss accepts that.

I mean Mr .

18

All right. Is there objection to the adoption of the

19 amendmen t? Hearing none, the amendment is adopted.

20

All right. The question nmV' is on the main motion

21 for the adoption of Paragraph IV with the additional sentence

22 I just read.

23

Is there any further discussion?

24

If not, all those in favor of the adoption rise and

25 stand until you're counted~

PAGE 32

(A show of hands.)

2

GOVERNOR BUSBEE: Reverse your positions.

,3

(A shmv of hands.)

4

GOVERNOR BUSBEE: All right. In the House the ayes

5 are nine and the nays are 14; in the Senate the ayes are 15,

6 the nays are zero. The amenocuent -- I mean the motion is lost.

7

All right, so we get back to the point of a

8 conference committee I suppose. Is there objection to

9 referring Paragraph IV to a conference committee?

10

If not, so referred.

11 "~z

SPEAKER MURPHY: I put Mr. Daugherty, Hr. Pinkston

.o..

~--- I12 ~ and Nr. Buck. LT. GOVERNOR MILLER, Barnes, Littlefield and Deal.

14 ~

GOVERNOR BUSBEE: All right. Next is Paragraph V.

'.a";

:r

15 ~

REPRESENTATIVE SNOW: All right. Mr. Chairman,

16

"III:
m:~I Paragraph

V deals

with

the

uniformity

of

jurisdiction

and

Q.za;
17 : the powers of the courts. Each class of courts shall have

18 uniform jurisdiction, powers, rules of practice, procedure

19 and selection, qualifications, terms and discipline of judges.

20

Now, I would move its adoption with the striking of

21 the words on line 8 "and the juvenile OT family division of

22 the superior courts" so that those words would come out.

23

We also provide in this paragraph that there shall

24 be no de novo trials in civil cases.

25

The reason for this provision being in is that under

PAGE 33

the proposal we anticipate that all of the judges of all the

2 classes of courts will be qualified judges, that they will

3 have gone through courses and some educational procedure

4 within their own classes that would be through their councils

5 and therefore they would have more knowledge and be more aware

6 and better able to handle many of the cases that come before

7 them. For that reason they should be courts of initial

8 jurisdiction as far as the trial is concerned, and that any

9 decision they make would be appealable to the next court

10 and would go on up -- the record of that court decision would

go on up to the next court.

We provide also in here that venue shall shall be

as provided by law .. Venue is now set out in the constitution.

The committee has felt throughout its deliberations that

venue and jurisdiction in most instances are things that

should be left up to the General Assembly, and especially in

many instances where you would have to wait two years in order

18 to amend the constitution to establish venue in some cases.

19

There are 24 months that are given for this

20 paragraph to become implemented after the effective date of

21 the constitution.

22

I move the adoption of Paragraph V with the deletion

23 of the words that I mentioned on lines 8 and 9.

24

A VOICE: Seconded.

25

A VOICE: Question.

PAGE 34

GOVERNOR BUSBEE: Give me the words you're 2 proposing to delete.

3

REPRESENTATIVE SNOVJ: That would be "and the

4 juvenile or family division of the superior courts" on lines 5 8 and 9.

6

GOVEfu~OR BUSBEE: Is there objection on

vJell,

7 the motion then would be as he states his motion with the

8 deletion in it would strike out "and the juvenile or family

9 division of the superior courts," so that his motion would

10 be Paragraph V as written with the deletion of the words

11 "~z that I've just read.

..o....

@;I

That is the motion. Is there a second? SENATOR BARNES: Seconded.

! 14

GOVERNOR BUSBEE: There is a second.

m

%

15 olI

SENATOR KIDD: Mr. Chairman, I object to that and I

"'";:)

16 ~lD would like to draw your attention to a substitute.

Qz

17 ~

GOVERNOR BUSBEE: Senator Kidd has a substitute.

18 In order to identify it, it's a single sheet that has on

19 there Paragraph V, Uniformity of jurisdiction, powers, etc,

20 overlapping jurisdiction. That's the Kidd amendment.

21

All right. I recognize Senator Kiddo

22

SENATOR KIDD: The difference in this particular

23 substitute has been requested by your probate judges, and it

24 states "There shall be no overlapping jurisdiction, except

25 as to probate courts, state courts and superior courts."

PAGE 35

The other wording is the same with the 24 months

2 of the effective date and the opening sentence.

3

I ask that you adopt this substitute to Paragraph V.

4

GOVERNOR BUSBEE: The motion by Senator Kidd you

5 have is to substitute. Is there a second?

6

Is there a second?

7

A VOICE: Seconded.

8

GOVERNOR BUSBEE: There is a second. Now we're

9 ready for discussion on the substitute.

10

JUDGE BEASLEY: I would like to point out, Mr,

Governor, that we should have only one class of court that

has general jurisdiction, only one general jurisdiction court,

and all the others would be limited jurisdiction courts,

and you would be changing that principle if you added that

there could be overlapping jurisdiction.

That's one of the problems now, and it relates to

judge-shopping and choosing which judge you want to be in 18 front of instead of going to the court where you belong.

19

GOVERNOR BUSBEE: All right. Mr. Speaker.

SPEAKER MURPHY: I have a substitute to the

21 substitute which provides that the only overlapping juris22 diction would be in the superior courts, and it changes it 23 their draft is that it would be effected by law'or by rules 24 which would be rules of the court, and I tried to strike by 25 rule and fix it where we would fix it by law as to what the

PAGE 36

;urisdiction would be.

2

We have also stricken the words there will be no de

3 novo trials from our version of the constitution, and the

4 reason is very simple,

5

You have a hearing on a will before a probate judge

6 and the judge rules against you, then if you can't have a de

7 novo investigation all you do is send the record up to the

8 superior court judge and the judge decides it.

9

If you have a de novo investigation, you start all

10 over and try it which has been done from the beginning of

11

"z
tc=r:

time

innnemorial.

2...

@);i The same thing on condemnations. If you have a hearing on a condemnation before a special magristrate and

! 14 I- he doesn't award you what you want or he awards too much, ':<z"C:
15 ~ then all you do is send the record up to the judge if you
"cr:
;;;)
16 .~.. don't have a de novo investigation. If you have a de novo
Qz
17 = investigation, the jury determines it as it has been ever

18 since we've had a state. Therefore that's the reason I'm

19 proposing it,

20

JUDGE BEASLEY: The basis for the de novo elimination

21 is that when you look at the cost of trials and so forth and

22 the cost to this state of running the judicial system, it

23 seemed that you ought to consider whether or not, particularly

24 on the lower types of cases you would allow by law two trials

25 in every case.

PAGE 37

This is an effort to eliminate that. Everybody has

2 the right to one trial) and unless there is an error of law

3 or something of that nature you wouldn't have a new trial)

4 but i.vJth de novo trials you actually have two whole trials

5 starting allover again the second time.

6

You notice) though) that this does not eliminate

7 de novo review) so that the superior court judge or whatever

8 appellate judge would be sitting would be able to consider the

9 matter anew based on the record) but you would not go through

10 the trial again.

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11 i=
'o."".".

This has worked very) very well in several of the

8Jr l12 ~ states that are using modern equipment) the tapes and so forth) and it could work here.

! 14 I-

We've done quite a bit of investigating on that)

UI

:<zl::

15 .:I and it would eliminate two whole trials for every case,

"'~"

16 ~...

REPRESENTATIVE SNOW: Let me point out too that it

Q

Z

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17 : would save the litigants an awful lot of money. The lawyers

18 are the ones that benefit from this.

19

GOVERNOR BUSBEE: Representative Bray,

20

REPRESENTATIVE BRAY: Mr. Chairman) I don't know

21 what point we would get to this in the discussion) but in my

22 feeling this de novo is a very essential right.

23

If we let the probate judge continue to have juris-

24 diction of probate wills) then whether a will is established

25 or not can amount to millions of dollars even) and this

PAGE 38

sense of review bya superior court means often times abso-

2 lutely nothing because the facts are already determined in

3 that trial court, and most of as lawyers have experienced

4 this, and it would be totally ridiculous not to be able to

5 have de novo hearings on the superior court on the probate

6 of a will. I don't care what it costs, the parties would be

7 willing to pay it because it's very important and I think this

8 is an important essential right,

9

I think many of these matters we're going over

10 today I know we'll go over in the legislature, but they're

tremendously important, and we could make a very serious error

here if we eliminated de novo trials in my opinion,

GOVERNOR BUSBEE: Senator Barnes,

SENATOR BARNES: Let me ask Chairman Snow one thing.

Is it not true that we could enact a statute if this

constitution is approved that says if a caveat to a will is

filed that the case will be immediately bound to superior

18 court for trial?

19

REPRESENTATIVE SNOW: In my opinion, yes.

20

SENATOR BARNES: You can do that now if both parties

21 agree by statute, We've got a statute that allows that if

22 both parties agree you don't even have to go through the

23 probate procedure.

24

SPEAKER MURPHY: What you're doing is eliminating the

25 probate court from it.

PAGE 39

SENATOR BARNES: Well, either the probate court

2 is a probate court that has jurisdiction over matters and

3 are competent and qualified to hear things on wills or not.

4 If they are, they ought to hear things concerning wills.

5

JUDGE BEASLEY: Senator Barnes, I think you pointed

6 out the very crux of this thing which is that allowing the

7 de novo trials means you're allowing a dry run at great cost,

8 and that is not permitted in normal trials except in that

9 very limited thing, so by your proposition that's true, you

10 would simply submit it for the first time to the superior

zCI

11

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court

if

such

a

caveat were

filed

and nobody would be

Q~ ; i deprived of a trial, but what they would be deprived of would

be a dry run at great cost.

14! ~

GOVERNOR BUSBEE: Senator Ballard.

':"x:

15 .:J

SENATOR BALLARD: Could we get a thing that whoever

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16 .~.. is going to talk that they get recognition from the Chairman?

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17 :li We're getting too much back and forth bantering in this thing.

18

GOVERNOR BUSBEE: I think that's the proper

19 procedure 0 I appreciate your assistance on it. I agree with

20 you.

21

Representative Leeo

22

REPRESENTATIVE LEE: In the comrnittee version they

23 have venue shall be provided by law, the one offered by the

24 gentleman from the 18th has left that out.

25

I would like to know the rationale about that. You

PAGE 40

left venue out of the one you had,

2

SPEAKER HURPHY: No, sir. Venue is in mine, if

3 you'll look on it --

4

REPRESENTATIVE LEE: It's down somewhere else, not

5 in this section?

6

SPEAKER MURPHY: They left it out of theirs.

7

REPRESENTATIVE LEE: It's in the committee one here

8 in this section, venue.

9

SPEAKER MURPHY: The left venue out of it to be

10 provided by law is what they said. I've got venue in mine,

what venue is which I think you'll love.

GOVERNOR BUSBEE: I think if you'll look on line 13

of this one it says "Venue shall be provided by law." Is

that what you're referring to?

REPRESENTATIVE LEE: It's in the committee one, it

wasn't in this section, the one the gentleman from the 18th

offered,

18

GOVERNOR BUSBEE: Let me just say that there's been

19 no motion, Do you move your substitute motion?

2.0

SPEAKER MURPHY: Yes, sir.

21

GOVERNOR BUSBEE: The Speaker moves his substitute.

22 Is there a second?

23

A VOICE: Seconded.

24

GOVEP~OR BUSBEE: There is a second, so discussion,

25 Senator Deal.

PAGE 41

SENATOR DEAL: I have a question with regard to the

2 language about no overlapping jurisdiction,

3

If state courts are not provided in there, how would

4 the jurisdiction of state courts be established? Will they

5 have jurisdiction limited by a dollar amount, or how will that

6 be limited in civil cases?

7

GOVERNOR BUSBEE: Judge Beasley, do you want to

8 answer, or Representative Snow either one?

9

JUDGE BEASLEY: The jurisdiction would be up to the

10 General Assembly, it would be flexible if you don't put it

into the constitution.

In light of these principles that we're talking about

now, and venue is another one of them, the question really is

not whether it should be in or out of the constitution; the

question is should the people have to change it or should it

be able to be done by the General Assembly,

If we put it -- for example like venue, if we put it

18 into the constitution it becomes in cement and you can't change

19 it by the General Assembly, so our proposition is to give those

20 powers to the General Assembly to change so that it is flexible

21 to meet changing needs rather than trying to make the people

22 decide when they don't understand it anyway the change they're

23 trying to make,

24

The general underlying principle of this whole thing

25 is to streamline the constitution so that it can be truly a

PAGE 42

principle document and not a document full of laws, and the

2 same thing applies to the question that you asked.

3

In other words, you only have one general jurisdic-

4 tion court, and as it relates to the state courts, for example

5 I might have personal injury jurisdiction which I don't have

6 now, you might want to give it to the state courts. That 7 would not mean that only the state courts could have personal

8 injury jurisdiction, but that also the superior courts could

9 have it because the superior courts could have overlapping

10 jurisdiction, but it would not allow jurisdiction over

11

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personal

injury

in

any

other

court,

you

see,

just

the

state

@);I court and superior court, and that's so that you don't have some jurisdiction in a probate court, some jurisdiction in a

! 14 ... state court and let the attorneys or parties decide which

'~"

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15 0/) court they would like to have hear it.

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16 ~...

There's much better control of caseloads and case

Q

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17 g~; calendars if you designate which court you want to go to,

18 and that's one of the big complaints that we have heard from

19 the general public over these four years we've been working

20 on this is that the court system is so confusing they don't

21 know where to go, and many lawyers don't know where to go, and

22 it's because of this overlapping jurisdiction problem, and

23 we would eliminate that and say "Okay, you've got this kind

24 of a case, you go to that kind of a court," and that's it.

25

GOVERNOR BUSBEE: Does that answer your question?

PAGE 43

Representative Pinkston.

2

REPRESENTATIVE PINKSTON: I'd like to ask a question.

3

What do you do in your overlapping jurisdiction as

4 far as your municipal courts are concerned?

5

We have a state law for example now that allows

6 municipal courts to try cases in violation of controlled

7 substance act. Now, does this mean that when the municipal

8 court binds a case over for smoking marijuana that he's got

9 to go to the superior court even if it's a misdemeanor, that

10 he can't go to the state court?

JUDGE BEASLEY: No, not that necessarily at all.

That is the whole point.

Misdemeanors, for example, would be in the state

court, but they wouldn't be in another court, so that although

the superior court might have overlapping jurisdiction that

would be determined by the laws that you pass, so if you

wanted all misdemeanors to be in the state court which is

18 probably where they should be, they would go into the state

19 court, but then in those areas, in those parts of the state

20 where you didn't need a state court, where you just didn't

21 have that much business, the superior court would take care

22 of it, and it allows that flexibility.

23

REPRESENTATIVE PINKSTON: This says no overlapping

24 except in the superior court.

25

JUDGE BEASLEY: That's correct. In other words,

PAGE 44

the superior court where you don't have the other types of

2 courts would have that jurisdiction, and that would be the

3 overlap,

4

REPRESENTATIVE PINKSTON: What if you do have that

5 other type of court, the state court, and this says there

6 shall be no overlapping jurisdiction except superior court?

7 I don't see how you get it into the state court then under the

8 constitutional provision here,

9

JUDGE BEASLEY: Because the binding over would be

10 .., to the state court. There would be no point in putting it

z

11

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into

the

superior

court

in

those

instances

because

it would

@);I be uniform, REPRESENTATIVE PINKSTON: I agree with you, but I

! 14 t; just don't think this does it,

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15 ..,

JUDGE BEASLEY: Well, in every principle of court

'":) 16 .~.. structures you need to have one court of general jurisdiction
Q
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17 ::: that could handle anything, and that should be the superior

18 court as opposed to any other court, In other words, when

19 you say no overlapping jurisdiction it means that there's no

20 void created,

21

If there's a question as to where it goes and it's

22 not provided by law, then it goes to the superior court because

23 you may omit something inadvertently, and you've got to have a

24 place for it to go.

25

REPRESENTATIVE PINKSTON: I agree with that, but now

PAGE 45

I think if you've got a state court and a municipal court and

2 a superior court, I think when you say that there shall be no

3 overlapping jurisdiction except the superior court, in any

4 case bound over from municipal court you've got to go to

5 superior court 0

6

JUDGE BEASLEY: That would be if you want to say that

7 by law you can say that. We're just giving you the authority

8 to decide how it should be.

9

REPRESENTATIVE PINKSTON: It doesn't say that,

10

JUDGE BEASLEY: You have to read the whole

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11 f: constitution o For example, the municipal courts are not

o......

~ 12 ~ subject to this uniformity article at all, and that --

~r~

GOVERNOR BUSBEE: I think it is taken care of later.

! 14

REPRESENTATIVE SNOW: We handled that in Article,

f-

':-"<r

..15 .: the first paragraph o CI

:>

16 .~..

GOVERNOR BUSBEE: All right. Representative Burruss 0

cz

-< 17 :

REPRESENTATIVE BURRUSS: Mr. Chairman, may I ask

18 Judge Beasley a question, please?

19

GOVERNOR BUSBEE: Proceed.

20

REPRESENTATIVE BURRUSS: In my county we have state

21 courts and the superior courts 0 Presently the state courts

22 are authorized to try personal injury caseso

23

Under the wording that you have proposed, would they

24 still have that authority?

25

JUDGE BEASLEY: That would be entirely up to the

PAGE 46

legislature.

2

GOVERNOR BUSBEE: It is now.

3

REPRESENTATIVE BURRUSS: If the present law provides

4 it, then it would not change?

5

JUDGE BEASLEY: That's correct.

6

GOVEP~OR BUSBEE: Mr. Speaker.

7

SPEAKER MURPHY: That ain't exactly -- under their

8 version it ain't exactly the way it would be. They've got it

9 it would be prescribed by law or by rule.

10

Our version strikes "or by rule."

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11 ioc..=..r..:.

As I understand what they're trying to do, Mr.

@);i Burruss, is create three classes of courts and now the juvenile court would make four classes of courts is what it

! 14 does, and they're going to fix the jurisdictton by the I:'~r":
15 .:J General Assembly, but you are eminently correct in their
"cr:
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16 .~.. version and my version that if a state court has got juris-
oz
~
17 : diction on a marijuana case as you referred to a few minutes

18 ago, the municipal court would not have it under my version

19 or their version, you're eminently correct.

20

REPRESENTATIVE BURRUSS: The answer to my question

21 is yes, then, if the statute provides it now?

22

SPEAKER MURPHY: If this passes in either version

23
the municipal court would not have it if the state court's

24
got it, you're correct.

25

REPRESENTATIVE BURRUSS: The superior courts would

PAGE 47

also have it, the next layer up?

2

SPEAKER 11URPHY: Yes, the superior court would over-

3 lap in either version.

4

JUDGE BEASLEY: Only if it was so provided by law,

S but if the law provided otherwise it wouldn't have to have it.

6

REPRESENTATIVE BURRUSS: Do that to me again.

7

JUDGE BEASLEY: In other words, jurisdiction for all

8 courts would be as provided by law, but if there is a void

9 somewhere the superior court could handle anything. You've

10 got to have a general jurisdiction court so that you don't end

up with no place to go for relief.

REPRESENTATIVE BURRUSS: That's the way it is now;

right?

JUDGE BEASLEY: Right. That's correct, that's what

we've got in this state, and that's the way it should be.

Now, on the question of the rule that you asked, by

law or by rule, that does not mean that the courts themselves 18 could set rules of jurisdiction, because that is not allowed

19 at all in the constitution in another section.

20

'~at that simply means is that if we go to- this

21 uniformity then it's going to take rules and lawsto get it all

22 effected over a period of two years. That's all.

23

So whatever it would take we would effect it within

24 two years, and of course it would have to be the legislature

2S that would determine what rule authority would be granted under

PAGE 48

this provision.

2

GOVERNOR BUSBEE: Senator Kidd.

3

SENATOR KIDD: Mr. Chairman, let me clarify the

4 position or the feeling I have on this substitute Paragraph V

5 as written separately as compared to that of the Speaker.

6

There is a feeling that at the present time unless

7 you adopt the amendment I have that the probate court could

8 not handle traffic cases, that they would be ruled out under

9 the Speaker's amendment.

10

Traffic cases or the money that is generated is put

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11 i= into the probate judges' retirement fund, and unless you go

o
Go IU
with the loose sheet you are doing away with their retirement
~\.:~ ~/~ which would be a calamity, and I hope that you will agree with ! 14 I- the amendment that we have or have given to you separately ~

%

..15 ~ and vote for its passage. I:J

;)

16 ~ IU Q

Thank you.

Z

17 ::

GOVERNOR BUSBEE: Let me just say Senator Kidd has

18 made an observation about Mr. Murphy' s substitute,-and~about

19 his, and the Speaker has just -- as far as traffic cases he

20 says you're right. Is that right?

21

SPEAKER MURPHY: I think he's right.

22

GOVERNOR BUSBEE: Now let me go through the

23 parliamentary procedure.

24

I have the main motion as explained by Judge Beasley.

25 We then have the substitute offered by Senator Kidd.

PAGE 49

I nov] recognize Speaker Hurphy.

2

SPEAKER MURPHY: I didn't ask to be recognized,

3

GOVERNOR BUSBEE: All right, he didn't ask to be

4 recognized.

5

The motion is on Senator Kidd's substitute.

6 Senator Howard.

7

SENATOR HOWARD: I would like to ask Representative

8 Snow whether or not he agrees with Senator Kidd's observation

9 that if we pass the proposed draft language or don't adopt his

10 language that it is going to strip the probate courts of the

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right

to

handle

traffic

cases,

Is that right?

REPRESENTATIVE SNOW: I was going to later on get to,

or I was going to enter a motion whereby we would allow the

! 14 I- courts of limited jurisdiction to be classifed by population

'"

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15 ol) as far as some of their subject matter jurisdiction would be

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16 .~.. concerned .

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17 :

This would allow the probate courts to handle traffic

18 cases and any other cases by law that we might decide they

19 should handle.

20

GOVERNOR BUSBEE: Senator Greene.

21

SENATOR GREENE: Governor, I would like to ask either

22 the Speaker or Representative Snow, even if Senator Kidd's

23 interpretation were correct that probate courts could not

24 handle traffic cases and we did not adopt the proposed Snow

25 amendment about population situations, would there be anything

PAGE 50

that would prohibit us from still protecting the probate

2 courts' retirement plan by using the traffic courts, because

3 as I understand some of the other retirement plans where we

4 help out sheriffs and different folks that we proportion part

5 of that traffic money into their traffic fines, and the

6 retirement system could very easily be protected as I under-

7 stand it and still go with the Speaker's version without any

8 amendment just by allocating in the law that portion as it

9 now exists in traffic fines, no matter which court handles it.

10

GOVERNOR BUSBEE: Mr. Speaker.

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11 j:

SPEAKER t1URPHY: Senator Greene, I've been sitting

.o.....

@);i here thinking. Mr. Burruss raised a very good question, Senator Kidd has raised a very good question.

! 14

For instance, in my county my probate judge handles

t:z;:

..15 oll 95 percent, everything but DUI cases. In Douglas County for 1:1

;:)
16 .~.. instance the probate judge handles DUI cases. My probate
Qz

17 : judge handles 95 percent of our traffic cases.

18

Under this thing I'm very much afraid if we have to

19 give uniform jurisdiction to each court, I really am sitting

20 here wondering in my own mind, Senator, and I ask all you

21 lawyers to check with me -- I understand .Judge Beasley's

22 business about judge-shopping here in Fulton County, I thought

23 their computer had eliminated that we don't have that proble Ll

24 in !iaralson county because vle don't usually have but one judge

25 in Haralson, we don't have but one to shop, but I'm asking

PAGE 51

all you lawyers to think why should we have this provision

2 there shall be no overlapping jurisdiction except in superior

3 courts in the constitution,

4

Why should not -- if you have a misdemeanor in your

5 county that's of sufficient gravity that you want a superior

6 court to try i~, why should they not be allowed to try it,

7 or if you have something in a municipal court on a marijuana

8 case that's of sufficient gravity, just a small amount, why

9 should the municipal court not be able to handle it, and if

10 it's sufficient gravity why should not the state court be

zCl

11 ~ able to handle it?

@ o...... ~ 12

I really am trying to rationalize in my own mind

~~ ~ why we need a provision that there shall be no overlapping

14 .)-.1. jurisdiction. Nobody has given me a good reason yet, and I
'<"l
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15 : would like to hear one,

'";:)

16 ~...

GOVERNOR BUSBEE: I'll call on Judge Beasley,

Q

z

17 :

JUDGE BEASLEY: Well, the reason for this was that

18 it seemed that we did not in our overall system of courts in

19 this state need two courts doing the same thing in the same

20 locality, and that's why we wanted to eliminate the over21 lapping jurisdiction among the multitude of limited jurisdic22 ti6n courts which we now have because when you allow judge23 shopping, that is deciding which court you want to go into, 24 it means that the lawyers will choose the court that they 25 believe their client has the better chance in, and that should

PAGE 52

not be the basis of jurisdiction, and this practice itself

2 gives the bar rather than the courts control over their

3 caseload, and that lack of control by the courts then really

4 does away with planning or calendar control or anything that

5 the courts cannot control the business that they have to

6 conduct, and it should yield some savings for the taxpayers

7 because you do not need two different organizations doing the

8 same thing.

9

GOVERNOR BUSBEE: All right. The parliamentary

10 let me just explain, we are on the Kidd substitute. All

III Z
11 ... right. Further discussion on the Kidd substitute? '2."..

9;1

Senator Greene. SENATOR GREENE: Mr, Chairman, I understand the

! 14 ...... Speaker's philosophical question, I think that's probably :z:
15 ~ what we're going to be revolving around, but for my own III '"::I
16 .~.. clarification my question was will any of these plans Q Z
17 :: necessarily destroy the probate courts' retirement system?

18

For the sake of argument, if we took it away from

19 them so they could never handle a traffic case, could we not

20 still protect their retirement system? That's what I want to

21 know.

22

REPRESENTATIVE SNOt-l: Yes.

23

SENATOR GREENE: Or are we, as has been said,

24 destroying their retirement system? That's what I want'-to

25 know.

PAGE 53

REPRESENTATIVE SNOW: We could protect their

2 retirement system, yes.

3

GOVERNOR BUSBEE: Senator Ballard.

4

SENATOR BALLARD: I have a qualm here. I'm not

S worried about the retirement system and so forth, I'm worried

6 about the basic law that has been built up over 200 years

7 that we're fixing to go playing games with.

8

I've heard three different views on it, and I think

9 I've done I've probably got one of the best probate

10 attorneys in the state of Georgia in my office, but at the same

time I think this is something that should be taken a little

more time with, that this should be thrown into a subcommittee

to be answered back here today rather than trying to beat this

thing out on this floor.

We're not accomplishing one thing whatsoever, I

think it should be thrown in and let these three get together

and see if they can come up with something. If they can't,

18 then we'll vote on it.

19

I just hesitate to vote on something this meaningful

20 without having these people get together and look and see if

21 they can't come up with something,

22

GOVERNOR BUSBEE: Mr. Speaker,

23

SPEAKER l1URPHY: Senator Ballard, Judge Beasley has

24 talked about judge-shopping. As far as criminal cases, it's

2S impossible for me to conceive, and I guess I've tried about as

PAGE .54

many criminal cases in 32 years as anybody in this room --

2 it's impossible for me to conceive how a defendant is going

3 to shop on a court on a criminal case when the arresting

4 officer is the one that takes the case to court, goes to the

5 district attorney or the solicitor where he's supposed to go;

6 the defendant has nothing to do with it, so the accusation is

7 drawn, the indictment is drawn and the defendant has nothing

8 to do with that at all, That's up to the officer, the 9 arresting officer and the prosecuting attorney,

10

There-could be judge-shopping on civil matters I

understand, we do that now; there's still going to be judge-

shopping on civil matters even if we adopt this because if

you file a damage suit for instance in the state court of

Carroll County you ain't going to the superior court of

Carroll County, you know it and I know it and everybody else

knows it. That ain't gonna stop judge-shopping on civil

cases,
18 19

VOICES: Mr. Chairman, GOVERNOR BUSBEE: Senator Barnes, then I'll come to

Judge Beasley.

21

SENATOR BARNES: I want to get back to something

22 that is out of both Speaker Murphy's and Senator Kidd's

23 provision, and that is venue.

24

In other words, if you adopt either one of those

25 venue is going to be in the constitution and not provided by

PAGE 55

statute.

2

You know, we have sat up here for weeks saying that

3 the General Assembly ought to have the latitude and authority,

4 but yet we're about to put venue back into the constitution

5 in cement.

6

Now, the problem it creates is mostly in third-party

7 practice where you have a plaintiff suing a defendant, and

8 then they bring in a third party that does not live in that

9 county, which happens very often in the metropolitan Atlanta

10 area where you have people that go back and forth and live in

Cobb and work in Fulton, and a collision occurs in Fulton and

there's a defendant here, a joint tort-feasor across the

county line, and I've got substantial -- and in all the

commentaries of all the legal scholars and the supreme court

and court of appeals have always decried that we have venue

in the constitution in civil cases.

Now, I don't mind it being in criminal cases. The

18 defendant has a right to be tried in the county in which the

19 crime occurs, but in civil cases we ought to leave venue to

20 a matter of statute.

21

I have confidence the General Assembly has enough

22 sense to pass a venue statute and not make it a matter of

23 constitutional right or constitutional cement about venue,

24 and that's something that has been recommended for the last

25 forty years in the legal literature and ought not to be just

PAGE 56

swept away with the stroke of a pen that we're going to put

2 venue back in the constitution,

3

GOVERNOR BUSBEE: Let me ask you a question for

4 clarification.

5

First I said I was going to recognize Judge Beasley,

6 but let me address this and then we'll cover both at one

7 time.

8

Under your proposal on Paragraph V, lines 13 and 14,

9 you say venue shall be provided by law. Now I think, and I'm

10 going to ask the Speaker this, you have spelled out venue

11

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in

land

titles,

equity

cases,

suits

against

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@)~I and all that has been placed back in. I'm just saying that you would just provide that that be by statute?

! 14 ...

JUDGE BEASLEY: Yes, so that the General Assembly

':"z:

15 olI could change venue to suit the needs of the particular time

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16 ~... rather than to have to place it to the people who really

Q

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17 I: don't understand venue questions anyway,

18

It is a matter of the procedure used in handling

19 cases in court.

20

Now, on Mr, Ballard's point with regard to the

21 judge-shopping, that is true that perhaps the defense lawyer

22 can't choose the court because the case is brought, but

23 neither should the police or the law enforcement or the

24 solicitor or the district attorney have the right to choose

25 which court it comes in, so it applies to them just as well.

PAGE 57

The point is that jurisdiction should clearly belong

2 in one place, and that is the court that it should go to

3 without the decision being made by a person outside of the

4 system, and that's the reason for the no overlapping juris-

5 diction except for the general jurisdiction court.

6

GOVERNOR BUSBEE: Senator Barnes,

7

SENATOR BARNES: Let me say one other thing about

8 venue. I know we're going back and forth on different subjects.

9

One of the things that we have tried to do in this

10 constitution is cut down the amount of amendments. A few years
zCI
11 5 ago we had two or three amendments at one time to be voted on
o.0...
~ 12 ~ by the people concerning venue and concerning third party
~F~ practice, and I daresay that 98 percent of the electorate do ! 14 !;; not know what venue and third party practice is, and it's one :J: 15 .:l of the constant complaints that we have that we have to send Ca=I ~ 16 ~... everything to the people even considering where a corporation cz 17 ~ is going to be sued. That's another big problem in venue
18 where you say where the defendant resides, Would that be

19 where the principal officer is, the principal business, where

20 they carryon the most business and all these other things.

21 It ought to be left to statute.

22

GOVERNOR BUSBEE: Judge Beasley,

23

JUDGE BEASLEY: One other small point, and that is

24 this. You will notice the last sentence provides that this

25 would be done over a 24-month period of this article, so that

PAGE 58

we would have several years to gradually work this out.

2

It is not that we would have a great swift change

3 which would be very disruptive, we would be able to do it on a

4 gradual basis.

5

GOVERNOR BUSBEE: All right. Are there other

6 questions?

7

Representative Phillips.

8

REPRESENTATIVE PHILLIPS: Hr. Chairman, I would like

9 to direct a question maybe to the Speaker and to Judge Beasley.

10

In the proposal that the committee is making, and

1:1

11

Z j:
..o.....:.

also

the proposal

that

the

Speaker

is

making

if you

take

the

~;~ jurisdiction away from the probate judges as far as the traffic cases are concerned, you have a county that does-not

14 .I~.-. have a state court and the probate court now is handling its

:~r

15

olI 1..:1:

traffic

cases,

where would

this

be

transferred

to?

The

;;)

16 ~... superior courts would be the only place you could handle it,

Qz

17 g handle the traffic cases if you don't have a state court in

18 that county?

19

SPEAKER MURPHY: That's correct.

20

REPRESENTATIVE PHILL~PS: There's a number of

21 counties in this state that do not have state courts and a

22 probate judge.

23

JUDGE BEASLEY: That's true unless you establish

24 the two geographic types that Representative Snow is talking

25 about; you could do that, and you could also provide by law

PAGE 59

for that to be done under the present proposal.

2

Traffic is a very difficult area as to how it is

3 going to be divided jurisdiction-wise, keeping in mind also

4 that you have a long time ago allowed many of the traffic laws

5 to be made ordinances which places them in the municipal

6 courts, so that you can really do quite a bit of division and

7 streamlining insofar as the traffic jurisdiction is concerned,

8 but we ought not to do away with the whole idea of uniformity

9 just because of traffic cases, but you can deal with those in

10 the probate court if you need to under the proposal that

CzI

11 ~Representative Snow is making.

..o....

@--12 ~ ~

REPRESENTATIVE PHILLIPS: By local law? GOVERNOR BUSBEE, Let me continue. Representative

14 ~Phillips had one further question, and I'm going to

_Vl

:r

15 01) Representative Reaves next.

CI

_

llC

~

16 ~

REPRESENTATIVE PHILLIPS: Judge Beasley said you

zQ
17 : could continue traffic cases. How would you do that, by local

18 law with authority to the probate court?

19

JUDGE BEASLEY: No, you wouldn't do it by local law,

20 you would still have to have uniform jurisdiction, but it

21 would be by geographic determination like a Class A and a

22 Class B population type.

23

GOVERNOR BUSBEE: One further question, Mr. Phillips,

24 then I'm going to Representative Reaves.

25

REPRESENTATIVE PHILLIPS: All right. One question on

PAGE 60

that. Senator Kidd's amendment would cover the situation of

2 the counties who do not have a state court where probate

3 courts could continue traffic cases?

4

GOVERNOR BUSBEE: ~fuo wants to answer the question?

5 Mr. Speaker.

6

SPEAKER MURPHY: Ask it again,

7

REPRESENTATIVE PHILLIPS: I'm asking if the amend-

8 ment proposed by Senator Kidd would allow the probate court

9 in a county without a state court to continue having jurisdic-

10 tion of traffic cases.

e 12izCl 11 t= .'o."....

SPEAKER -MURPHY; Yes. GOVERNOR BUSBEE: You could have overlapping under

~I/ ~ his on the state courts, superior courts and traffic courts.

14 ~I '~"
15 : effect,
'";) 16 ~...
oz
17 g

SPEAKER MURPHY: The traffic courts would remain in and they could still handle it, yes.
GOVERNOR BUSBEE: Representative Reaves. REPRESENTATIVE REAVES: Mr. Chairman, it seems to me

18 that we've got a lot of counties that are having everything

19 going fine and we're getting a few now because these counties

20 like Fulton can't get anything working right. Why are we

21
disturbing our county?

22

Now, do I understand it right if we pass this can we

23 come in with local legislation and keep our counties the same

24 as they are now and let the probate judge handle the traffic

25 cases and so forth?

PAGE 61

If not, I'd like to request that the Speaker give

2 us a direct signal to go along right because I think this is

3 important to me.

4

(Laughter,)

5

REPRESENTATIVE REAVES: We've been accused of

6 having signals. I don't want to get no signal messed up on

7 this.

8

GOVERNOR BUSBEE: Let me say as far as Senator

9 Kidd's proposal is concerned, you can correct me, but you

10 would have the right to have overlapping jurisdiction in

11 E" probate courts, state courts and superior courts, and that's

o

Q.

(~, 12 ~~ your question,

~F ~

Senator Kidd.

14 ~

SENATOR KIDD: I move the previous question,

'.0"(
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15 q

SENATOR BARNES: Wait just a minute,

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16 ~

GOVERNOR BUSBEE: Let me ask you. Senator Kidd,

cz

.0(

17 ~ you have asked for the previous question; I have agreed to

18 recognize Senator Ballard and then Senator Barnes, Do you

19 have any objection to holding up and letting me recognize

20 them first before we vote on the motion? They have asked to

21 be recognized.

22

SENATOR BALLARD: I have a question for the

23 scholars,

24

Hhat about in the case of a homicide by an

25 automobile in an accident, and then just a misdemeanor

PAGE 62

because of a lot of times they would be tried in one court

2 for some traffic violation, or it could be a felony

3 homicide by automobile 0 It looks like,you're getting into

4 some bad problems here.

5

What's the situation in that case? ~fuat would you

6 do? If you go by the rules that are set down in the

7 committee's recommendation, what would happen?

8

GOVERNOR BUSBEE: If it's on the committee's

9 recommendation, I'll ask either Representative Snow or Judge

10 Beasley.

11

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j:

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JUDGE BEASLEY: You would determine the nature of

~;I the action that was brought. For example, if it were a felony of course then it would go to the superior court, and if it

! 14 ... were a misdemeanor I assume that you the General Assembly '~" :I:
15 .:t would probably pass the jurisdictional law of the state courts Cl "";;,
16 .~.. to include misdemeanors, and that misdemeanor allegation
oz
~
17 : would go to the state court, so it would depend on the

18 jurisdictional limits that you gave to the state courts.

19

Does that nat answer your question?

20

SENATOR BALLARD: No.

21

JUDGE BEASLEY: What is your question then?

22

SENATOR BALLARD: The question --

23

GOVERNOR BUSBEE: Speaker Murphy wanted to respond

24 to that question. I calIon him. Speaker Murphy.

25

SPEAKER }illRPHY: I think what Senator Ballard was

PAGE 63

asking, if you have a homicide by a motor vehicle which is a

2 felony which is a reducab~e felony to a misdemeanor, can it

3 be tried in the superior court and then reduced to a

4 misdemeanor in the superior court I think is what he's asking.

5

JUDGE BEASLEY: Oh, of course, If the superior

6 court took jurisdiction of a felony and in the felony working

7 it out determined to limit it to a misdemeanor and reduce it,

8 it would stay in that court. He wouldn't necessarily transfer

9 it to the state court,

10

SENATOR BALLARD: What if the misdemeanor was tried,

11 5Czl then it turned into a death and a homicide by automobile,
a -Io Q. 12 ~ where would we stand then?
JUDGE BEASLEY, You ve got a second cr ime having

! 14 been cOImnitted, so it would go to -- yes, it would -- it would IU>
15 <~:zt: then go to the superior court which had jurisdiction over

Cl 0::
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16 ~... felonies. Q z
17 ~ a felony.

The state court would not have jurisdiction over

18

SENATOR BALLARD: That's not double jeopardy?

19

SENATOR BARNES: We already have that problem,

20

JUDGE BEASLEY: It already exists, as Senator

21 Barnes points out. It's not double jeopardy because it's not

22 the same crime.

23

GOVERNOR BUSBEE: I don't see the problem on that.

24 Looking at the existing law, you still have that,

25

All right. Senator Barnes.

PAGE 64

SENATOR BARNES: I have an amendment. I propose

2 to amend the Kidd substitute on Paragraph V to add after

3 superior courts a new sentence.

4

GOVERNOR BUSBEE: Wait a minute. His is Paragraph V.

5 Oh, yes, I see. That's right. Proceed. I'm sorry.

6

SENATOR BARNES: Paragraph V that after superior

7 courts a new sentence which shall read "Venue shall be as

8 provided by law."

9

SPEAKER MURPHY: I object to that terribly.

10

GOVERNOR BUSBEE: tVhere are you going to add that?

"z
11 i=
.o.'."...

SENATOR BARNES: After "courts," the third line up

~;I from the bottom, after superior courts a new sentence which shall read "Venue shall be as provided by law."

! 14 ...

GOVERNOR BUSBEE: All right. The motion is to

."

~

:I:

15

o:J
"~ '"

amend

the

Kidd

substitute

by

inserting

before

the

last

16 .~.. sentence and after the words "superior courts" the new

Q

Z

~

17 : sentence to read as foIIO'l:V's: "Venue shall be as provided by

18 law. "

19

All right. Is there a second to the amendment?

20

A VOICE: Seconded.

21

GOVERl~OR BUSBEE: It's seconded.

22
All right. Now the question now is

23

SPEAKER HURPHY: I object.

24

GOVERNOR BUSBEE:, -~ 'is on the adoption of the

25 amendment providing venue shall be as provided by law.

PAGE 65

SPEAKER MURPHY: I want to be heard.

2

GOVERNOR BUSBEE: Now for discussion. Mr. Speaker.

3

SPEAKER HURPHY: It has been from the beginning of

4 time immemorial that a crime is tried in the county where the

5 crime occurs, and it has been the law from the beginning of

6 time that a defendant is entitled to be sued in the county of

7 his residence,

8

Under what Senator Barnes is talking about, if you

9 have some minor person that's bringing a third party thing

10 they want to fix it to where they can sue some minor fellow

11 5"z and bring you from Troup County to Fulton County as a third o 0.
~~ ~12 ~ party defendant to defend yourself where nobody knows you or
~l.j ,_ ~ knows anyth~ ng ab out you, and t hat ' s t h e exact reason t h at I
I
14 ~ think that venue ought to be in the constitution where we can't
'-:"orl
15 ~ change it according to the whims of the times and the thing
'::">
16 ~III that's going on at that particular moment.
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17 :

GOVERNOR BUSBEE: Let me ask you a question, Mr,

18 Speaker, and I'm not certain -- I didn't practice that much

19 criminal law and it's just throuh ignorace I ask a question in

20 the criminal field, but taking the missing and murdered

21 childrens' cases, if you've found a body in a county now and

22 it cannot be determined the county in which the crime occurred,

23 but you do find a person that committed the crime and you have

24 the body, what is the law law? Is that in the constitution?

25

SENATOR BARNES: Where the body is found, It's in

PAGE 66

the statute,

2

GOVERNOR BUSBEE: That's what I'm getting to. Is

3 that in the constitution or is that by statute?

4

SPEAKER MURPHY: I don't care what the statute is,

5 the law is he's got to be tried in the county where the venue

6 is, and that's where the crime occurred.

7

They took me allover Georgia and east Alabama one

8 time twenty years ago trying to find a place to try a murder

9 case, Senator Barnes, don't try to tell me about that law

10 because I know the fellow never was tried and I know about that

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j:
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law.

SENATOR BARNES: But it's in the statute. It is the

law, it's just in statute now. The law is that wherever a

14

~
I-

body

is

found

is

where

the

crime

is

presumed

to

have

occurred,

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15 0:1 and that's the venue of the criminal cases.

CI

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a 16 .~.. za

Of course, there is a provision in the constitution

17 that says the defendant shall be tried in the county where

18 the crime was committed, but there's a statute that says that

19 where the body is found -- it may have come out of your case,

20 but that's what the statute says.

21

REPRESENTATIVE SNOW: I think the objecti~e we all

22 have, Governor, is to make sure that whoever is found, where

23 the body is found or wherever it might be found that the

24 person who is accused of doing it has a trial and that he's

25 tried for it regardless of where it might be. We ought to

PAGE 67

provide ~hose things by law.

2

GOVERNOR BUSBEE: All right, Now we're going back to

3 the amendment by Senator Barnes that venue shall be as provided

4 by law,

5

All right. Now, is there further discussion on that

6 amendment?

7

Hearing none, all in favor of the amendment rise and

8 stand until you're counted,

9

(A show of hands,)

10

GOVERNOR BUSBEE: Reverse your position,

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11 ~

(A show of hands.)

.oa...

Q-I12 ~

GOVERNOR BUSBEE: All right. In the Senate all those

in favor of the amendment rise and stand until you're counted.

14 ~The Lieutenant Governor missed the vote. We're going to take

:r

15 otI another vote,

Cl

'";:)

16 ~

Everybody in favor of the Barnes amendment in the

zQ
17 ~Senate only rise and stand until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: Reverse your position in the Senate.

20

(A show of hands,)

21

GOVERNOR BUSBEE: All right, In the House the ayes

22 are two, the nays are 22; in the Senate the ayes are 12, the

23 nays are eight, The amendment is lost.

24

All right. Now the question is on the adoption of the

25 Kidd substitute,

PAGE 68

Is there further discussion?

2

SENATOR BARNES: ~Vhat happened to my amendment?

3

GOVERNOR BUSBEE: It lost.

4

All right. Now the motion is on the Kidd amendment.

5 All right.

6

All in favor of the Kidd amendment or substitute

7 rise and stand until you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: Reverse your position.

~

10

(A show of hands.)

"z
11 i=

GOVERNOR BUSBEE: All right. On the Kidd amendment

'o."..

12 ~or substitute in tbe House the ayes are 17, the nays are five;

i ) ~

~ in the Senate the ayes are 16, the nays are four. so the Kidd

14 ~substitute is adopted.

':"r

15 ~

Paragraph VI.

"'":;)

16 .~..

REPRESENTATIVE SNOW: All right. Paragraph VI

Q

Z

17 I:

GOVERNOR BUSBEE: We flipped that whip we were talking

18 about and gave it back to you, Culver, so you enjoy it.

19

All right. Representative Bray.

20

REPRESENTATIVE BRAY: I just have a question about the

21 Kidd substitute. Did that include anything with reference to

22 de novo hearings, or was that in another section?

23

GOVERNOR BUSBEE: It has nothing to do with it,

24

REPRESENTATIVE BRAY; The Speaker had that in his;

25 right?

PAGE 69

SPEAKER MURPHY: "Jhat 's that?

2

REPRESENTATIVE BRAY: You had the de novo hearings

3 being eliminated.

4

GOVERNOR BUSBEE: He's eliminated it too.

5

Paragraph VI.

6

REPRESENTATIVE SNOW: Paragraph VI dealing with the

7 judicial circuits, courts in each of the counties.

8

The language stays very similar to the way it is now

9 in the constitution. Each county shall have at least one

10 magistrate court, a probate court, and where needed a state

Iz!I

11

j:
..'o"....

court.

@~ ;:i~ We would also put here I would suggest as an amendment to it that a state court and juvenile court so that we 14 !~;; will include the Juveniles in this.

:z:

15 .:I

In the absence of a state court, the superior court

I!I

'";)

16 ~... shall exercise that jurisdiction .

Q

Z

17 ::i

Each circuit shall have at least one superior court

18 which shall hold court at least twice each year, and I would

19 also amend it by adding in each county at the end of that 20 sentence on line 26.

21

GOVERNOR BUSBEE: Just a minute. Let me get the

22 language here. What you're saying is you're going to amend

23 this, your proposal by adding on line 26, page 2, after the

24 words "twice each year" the words "in each county."

25

REPRESENTATIVE SNOW: That's right. And the other

PAGE 70

amendment to it is on line 22. a state court and

2

GOVERNOR BUSBEE: ~fuere are you adding it? After

3 the word what you add what? That's all I need on line 22.

4

REPRESENTATIVE SNOW: "Where needed a state court and

5 juvenile court."

6

SENATOR LITTLEFIELD: Mr. Chairman,

7

REPRESENTATIVE SNOW: Wait just a minute,

8

Insert after the words "where needed" the words --

9

GOVERNOR BUSBEE: Just a minute, Let's stop and let

10 me strike out what you're talking about first.

11 Cz~l

All right. On line 22 after the words "where needed"

o...

@ - ~12 ~ you wanted to add after the connna what? REPRESENTATIVE SNOW, Each county or circuit shall

14 > have I':<"zC:
15 .:
Cl GC
~
16 ~ needed.
az
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17 ~

GOVERNOR BUSBEE: All right, It will be "Where each --" Just give me
REPRESENTATIVE SNOW: Each county or circuit shall

18 have a juvenile court and a state court.

19

GOVERNOR BUSBEE: Everybody quit writing. I'll get

20 it. then I'll announce it to you.

21

Excuse me.

22

(Pause.)

23

SPEAKER MURPHY: Can I say something?

24

GOVERNOR BUSBEE: Mr. Speaker.

25

SPEAKER MURPHY: What he's trying to do in the article

PAGE 71

as written by the article committee, they were going to the

2 concept of one circuit court allover court. For instance,

3 there are four counties in my circuit, the concept was going

4 to be one circuit court in the four counties. We changed it

5 to where it provided each county was separate.

6

In their language now they've added judicial curcuits

7 so I submit to you that ours would do exactly what they did

8 if you just add "and juvenile courts" you wouldn't have all

9 those changes to make, exactly the same. thing there if you

10 just add after state court add juvenile court.

"z
11 j:

What I'm trying to do is eliminate the same as they

'o.."....

@);i have got in the federal court or the district court where they've got fourteen or fifteen counties where we would have

! 14 four counties, and in your county, Mr. Mullinax, you would

t;

:-zc:l
15 q have six counties, one court for six counties. That was the

~

:;)

16 .~.. philosophy they started out with . co

Z

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17 :

GOVERNOR BUSBEE: All right. In order to perfect

18 the motion that is being made, if you will look on line 22

19 after the words "where needed," comma, you will make this

20 insert -- and you need to back up a little because it's long,

21 after the words "where needed" you will add the words

22 "each county or circuit shall have a juvenile and," so that

23 it would read:

24

"And where needed each county or circuit shall

25

have a juvenile and a state court."

PAGE 72

All right. With that I recognize Senator Littlefiel

2 Go ahead, Senator Littlefield.

3

SENATOR LITTLEFIELD: I do have one question with

4 regard to both the Speaker's proposal and the committee's

5 proposal, and that would be in the sentence irrmlediately

6 following where you're adding the juvenile court where it

7 begins "In the absence of a state court," shouldn't you also

8 a.dd "In the absence of a state court or juvenile court" the

9 superior court shall exercise that jurisdiction?

10

REPRESENTATIVE SNOW: That would stay in.

JUDGE BEASLEY: Yes, he's right.

REPRESENTATIVE LEE: That's what it should be.

GOVERNOR BUSBEE: Say that again if you will.

SENATOR LITTLEFIELD: Beginning on line 23 in the

15 : proposed draft by the committee, and again in the Speaker's
'";;)
16 ~III draft where it begins "In the absence of a state court"
z
17 ::; shouldn't there also be added the words "or a juvenile court"?

18

REPRESENTATIVE SNOW: Yes, there should be.

19

SENATbR LITTLEFIELD": That the superior court would

20 exercise that jurisdiction.

21

JUDGE BEASLEY: We just hadn't gotten to that portion

22 of it yet. We've got it written down that that would be change(

23

GOVERNOR BUSBEE: All right. Change it on mine.

24 T'm going to get this perfected, then I'll read it.

25

(Pause. )

PAGE 73

GOVERNOR BUSBEE: All right. Everybody pay

2 attention.

3

Representative Colwell.

4

REPRESENTATIVE COLWELL: Does this mean to say that

5 where needed could the juvenile council I mean the Judicial

6 Council says that you needed a juvenile in that county --

7

REPRESENTATIVE SNOW: No.

8

REPRESENTATIVE COLWELL: I just wanted to be sure.

9

GOVERNOR BUSBEE: Here's the proposal that's being

10 made. I will read it in its entirety and stop at the inserts 0

Beginning on line 18: The state shall be divided

into judicial circuits, each of which shall consist

of not less than one county, and shall be comprised

of all courts in that circuit. Each county shall

have at least one magistrate court, a probate court,

and where needed,

add each county or circuit shall have a juvenile court and a

18 state court,

19

In the absence of a -- insert -- juvenile court or

20 a -- so that it will read: In the absence of a juvenile

21 court or a state court, the superior court shall exercise

22 that jurisdiction. Each county shall have --

23

Excuse me, I misread it.

24

Each circuit shall have at least one superior

25 court which shall hold court at least twice each year in e~ch

PAGE 74

county. That will be added "in each county."

2

All right. Now does everyone have that language?

3 Is it clear?

4

All right. Hith that, is there a motion that we

5 adopt that as I read it?

6

REPRESENTATIVE SNOW: I so move.

7

GOVERNOR BUSBEE: Is there a second?

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: There is a second.

10

Now discussion. All right. Mr. Speaker.

.."z
11 ~

SPEAKER MURPHY: I do not see any reason at all for

9 ; ;..o.... the language in there on line 20 "and shall be comprised of all courts in that circuit." I see absolutely no need for

14 ~ that language at all because it just goes to the circuit

t-

en

..15

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concept

and

that's

the

beginning

of

the

end

of

small

county

";:)

16 ~... superior courts .

zo

17 :

I suggest in the language that we've provided. that we

18 add after on line 1, 2, 3, 4, 5 on page 3 add juvenile court,

19 and in the next line "in the absence of a state court --"

20

GOVERNOR BUSBEE: Wait a minute, Mr. Speaker,

21 you're working off yours. Now I need to write it out of you

22 don't mind.

23

You're working off your proposal.

24

SPEAKER MURPHY: On line 5 after state courts

25 strike the period, and put where needed a state court and a

PAGE 75

juvenile court. It would be the same thing as theirs.

2

In the next sentence, "In the absence of a state

3 court or juvenile court, the superior court --" That says

4 that each county will have a superior court, that each state

5 court will be their own court and the superior courts will be

6 theirs.

7

I just can't see any reason for that language "and

8 shall be comprised of all courts in that circuit" which is a

9 forerunner to doing away with the superior courts in individual

10 counties and having a circuit court.

.."z
11 j:

GOVERNOR BUSBEE: Suspend just a minute while I

o......

a-:i perfect the language on the subject. REPRESENTATIVE LEE: Mr. Chairman.

14 ~I

GOVERNOR BUSBEE:

<l(

%

..15 Q language.
":;)

16 .~..

oz

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17 :::i

GOVERNOR BUSBEE:

Hold up. I want to perfect the
(Pause. ) All right. If you will take the

18 16-page Murphy substitute, I will give you his motion because

19 it has some additional wording in it, and I'll give you the

20 entire paragraph with the additions.

21

The state shall be divided into judicial

22

circuits, each of ~Jhich shall consist of not less

23

than one county. Each county shall have at least one

24

superior court, magristrate court, a probate court,

25

and where needed a state court,

PAGE 76

and add these "lOrds after "state court", and juvenile court,

2 period.

3

In the absence of a state court -- make this

4

insert -- or juvenile court -- the superior court

5

shall exercise that jurisdiction. Superior courts

6

shall hold court at least twice a year in each

7

county,

8

Did you get the inserts where I placed them?

9

That is the motion. Is there a second?

10

A VOICE; Seconded.

@);;"z 11 j: 'o..".....

GOVERNOR BUSBEE: There is a second.

the Murphy substitute as I read it?

REPRESENTATIVE SNOW: Governor,

Discussion on

! 14 ~

GOVERNOR BUSBEE: Representative Snow.

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15 .:

REPRESENTATIVE SNOW: Let me just suggest that as

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16 .~.. far as the committee recoramendation as we have amended is

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17 : concerned, it offers a great deal of flexibility here,

18

There is -- you've got to think of your local

19 situations as to whether or not you need a full time juvenile

20 judge or as to whether or not you need a full time state court 21 judge, but in many of our circuits there would be a need, or 22 we could justify a circuit-wide state court judge or we could

23 justify a circuit-wide juvenile judge, and the substitute 24 denies that flexibility, and I strongly urge you to adopt the

25 committee recommendation in this particular instance.

PAGE 77

GOVERNOR 'BUSBEE: Representative Snow, let me ask

2 you a question.

3

In other words, where you have a judicial circuit

4 you're saying under your proposal you could have, if the

5 legislature so passed the law you could have one juvenile

6 judge to serve in the circuit rather than a juvenile judge

7 in each county of the circuit.

8

SENATOR BARNES: That's right.

9

SPEAKER MURPHY: You can do that now.

10

GOVERNOR BUSBEE: If you put this in, Mr. Speaker,

"and where needed a state court and a juvenile court," this

says in each county. Could you have one for the circuit?

SPEAKER MURPHY: Yes, sir. The judges in my circuit

designate a juvenile judge now for the entire circuit.

SENATOR BARNES: For the entire circuit?

SPEAKER }IDRPHY: They have the power to do it.

GOVERNOR BUSBEE: Judge Beasley, if you will just 18 state to everyone what you stated to me I think they can

19 understand it.

20

JUDGE BEASLEY: By allowing our amendment you would

21 just leave it up to the legislature -- not put it in the 22 constitution, but just leave it up to the legislature whether 23 or not you want to have a circuit-wide state court or juvenile 24 court down the line. It would give you more authority over 25 the whole structure of the court system.

PAGE 78

If you don't put that in, then you could never have

2 that except by constitutional amendment, but you ought to have

3 that flexibility to deal with this problem of small population

4 areas and large population areas, and if you do it on a circuit

5 wide basis and at least give you the authority to do it on a

6 circuit-wide basis then you could have that flexibility and

7 it would be an additional move towards full time as opposed

8 to part-time judges, and it would help us eliminate the

9 problem of part-time judges who are at the same time

10 practicing law.

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A VOICE:

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A VOICE:

a question.

Previous question. Mr. Chairman, Mr. Greer wants to ask you

14 .~..

REPRESENTATIVE GREER: Let me ask this question .

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15 : I have listened to Judge Beasley, and the way it's worded now,

'"::3 16 ~ the point you put in, is that the same, Judge Beasley, that
zo
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17 : you were talking about, the one you -- does that cover what

18 you've just --

19

JUDGE BEASLEY: Yes, it does. And you'll notice also

20 that insofar as worrying about the county, it does require

21 here that the superior court would have to hold court in each

22 county at least twice each year, so that countywide they're

23 protected.

24

REPRESENTATIVE GREER: Dorothy, doesn't that give

25 I mean Judge Beasley doesn't that give the counties and the

PAGE 79

legislature more flexibility?

2

JUDGE BEASLEY: Yes, indeed. That's the point I was

3 talking about.

4

GOVERNOR BUSBEE: Senator Ballard.

5

SENATOR BALLARD: What you're saying, though, that a

6 person as Senator Kidd for instance in a circuit with eight

7 counties, they could hold it in one of those counties twice a

8 year to meet this, but they could try a man from one end of

9 that tremendous circuit in the other end of that circuit if

10 it's set up if you don't put it down to have one superior

11 "tz court for every county. It's got to be in there that way.

o

.. 12 ~""

JUDGE BEASLEY: No, sir, that's not the issue that

8-1 has been addressed here at all.

14 ~

SENATOR BALLARD: All right. What is it?

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JUDGE BEASLEY: The issue is whether you could have

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16 i a circuit-wide juvenile and state court if you don't need them

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18 involved in that circuit.

19

SENATOR BALLARD: You've already provided for that.

20

GOVERNOR BUSBEE: Representative Burruss.

21

REPRESENTATIVE BURRUSS: Mr. Chairman, would you

22 have someone define "where needed"? "'ilio determines the need?

23
REPRESENTATIVE SNOW: The General Assembly. The
24
only reason for that being in there, you only have state 25 courts in some counties now; it's where they have them they

PAGE 80

would continue, if other counties wanted to add them they

2 could do so by law.

3

REPRESENTATIVE BURRUSS: Would it not be better for

4 chicken pluckers and other laymen if we said that each county

5 shall have at least one magistrate court, probate court, and

6 stop there, and say the General Assembly may create juvenile

7 and state courts?

8

SPEAKER MURPHY: That's what we're saying in effect.

9

GOVERNOR BUSBEE: I think the way it -- if I might

10 ask you, Representative Burruss, the way he has it in there

"and where needed a state and juvenile court" recognizes you

don't need one in every county and it's up to the legislature

to pass it. There would be no doubt as to construction.

Mr. Speaker.

SPEAKER MURPHY: The only difference, ladies and

gentlemen, the only difference in my version or the version

that I have been responsible for putting together and the

18 committee's version is -- as they are now drawn is whether or

19 not you want to put in this constitution that you can have a

20 circuit-wide court. That's basically what the difference is.

21

Now, as affects the one-county circuits it don't

22 affect them at all. Us little folks of four and five and six

23 or seven counties, it affects the heck out of us, and that's

24 the only difference, whether you want to have a circuit-wide

25 court or whether -- the feasibility or possibility of having

PAGE 81

a circuit-wide court or whether you don't. That's the

2 difference.

3

If you want them to have it, you need to vote for

4 theirs; if you don't, you need to vote for the one that I have

5 proposed.

6

SENATOR BARNES: You've already got a circuit-wide

7 superior court. It would only affect juvenile court and state 8 court. You've already got a circuit-wide superior court.

9

GOVERNOR BUSBEE: Senator Kidd.

10

SENATOR KIDD: Move the previous question on the

Speaker's amendment to Paragraph VI.

GOVERNOR BUSBEE: All right. This is by substitute

as we have just perfected it.

All right. Is there objection to ordering the

previous question?

Hearing none, the motion is on the adoption of

Paragraph VI by Mr. Murphy's substitute.

18

All infavor rise and stand until you're counted.

19

(A show of hands.)

20

GOVERNOR BUSBEE: Reverse your position.

21

(A show of hands.)

22

GOVERNOR BUSBEE: On the passage of the substitute,

23 in the House the ayes are 28, the nays one; in the Senate the

24 ayes are 12, the nays are eight. The substitute is adopted.

25

Paragraph VII.

PAGE 82

REPRESENTATIVE SNOW: Okay. Paragraph VII deals

2 with judicial circuits, that the General Assembly upon

3 certification of necessity by the Supreme Court may abolish,

4 create, consolidate or modify judicial circuits in courts

5 and judgeships, but no circuit shall consist of less than

6 one county. The abolition a judgeship shall be effective

7 only upon the death, resignation, retirement or conclusion of

8 term of the incumbent.

9

Mr. Chairman, I move that this paragraph be removed

10 from the proposal.

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SPEAKER MURPHY: You what?

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~;I REPRESENTATIVE SNOW: proposal.

I move it be removed from the

14 !...

REPRESENTATIVE COLEMAN: Seconded .

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GOVERNOR BUSBEE: The motion is made and seconded.

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16 .~.. Is there objection to deleting Paragraph VII?

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17 :

SPEAKER MURPHY: I'd rather substitute. I move we

18 substitute.

19

GOVERNOR BUSBEE: All right. The Speaker moves.

20 I can't proceed in that order. Somebody has got to move.

21

You can make your original motion, but it will not

22 be a substitute; yours would be the original motion.

23

SPEAKER MURPHY: I move we substitute Paragraph VII

24 which leaves the law just like it is now in the constitution

25 in preference to the Select Committee's. It would leave it

PAGE 83

up to the General Assembly.

2

A VOICE: Second.

3

GOVERNOR BUSBEE: The motion is made that we adopt

4 Mr. Murphy's, what's in his list there of substitutes, if

5 you'll look under Paragraph VII as written on page 3 of this

6 handout.

7

SENATOR BARNES: Is that in the constitution now?

8

REPRESENTATIVE SNOW: I don't think it's in the

9 constitution now.

10

SPEAKER MURPHY: I'm delighted to see it go in.

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GOVERNOR BUSBEE: Wait just a minute.

this is in the constitution, Mr. Speaker.

I don't think

SPEAKER MURPHY: It's the same thing they had in

! 14 their constitution except it fixes it where the General

!;;

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15 .:I Assembly could do it instead of upon the recommendation of

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SENATOR BARNES: He took his out.

18

SPEAKER MURPHY: I'd love to put mine in.

19

REPRESENTATIVE SNOW: 'Vle don't have anything in the

20 constitution on that now, and I don't see any reason to put it

21 in there.

22

REPRESENTATIVE COLEMAN: They recommended it.

23

REPRESENTATIVE SNOW: You know, I recommended what

24 the committee voted on.

25

We had a very good committee down there that worked

PAGE 84

for four years in this thing, and so don't tell me that I

2 reconwended it. I chaired the committee, and I think they did

3 a real good job and I appreciate what they did.

4

A VOICE: Move the previous question.

5

GOVERNOR BUSBEE: Let me ask a question before I

6 entertain that.

7

(Pause.)

8

GOVEfu~OR BUSBEE: I'll tell you, it's not presently

9 in the constitution. I just was pointing out to the Speaker

10 if you'll look at his paragraph --

!

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All right. Representative Milford.

a;12... REPRESENTATIVE MILFORD: abolish some courts --

One ques tion.

If we

! 14

GOVERNOR BUSBEE: Wait and let me go on and make my

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16 .~.. you're going to say about the abolition won't be necessary .

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I was just talking to the Speaker. The first

18 sentence really creates no change in what's done now about

19 the General Assembly may abolish, create, consolidate or

20 modify judicial courts and judgeships, but no circuit shall

21 consist of less than one county, period.

22

He has no objection to striking the last sentence

23 from his proposal that would create some problems under what

24 we now do today on the abolition of some of these courts

25 where you're going to do away with these courts, and that's

PAGE 85

what you're talking about, isn't it, Billy?

2

REPRESENTATIVE MILFORD: Yes.

3

GOVERNOR BUSBEE: Ur. Speaker, do you have any

4 objection to just removing that?

5

SPEAKER 11URPHY: No.

6

GOVERNOR BUSBEE: Is there any objection then to

7 just deleting the last sentence from his proposal?

8

Hearing none, it's deleted.

9

All right. Now the motion is on the adoption of

10 the Murphy substitute to Paragraph VII.

11 ~"..oz....

Is there any further discussion?

@ ; j Hearing none, is there objection to the adoption of Paragraph VII by substitute?

~ 14

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Hearing none, it's adopted.

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Paragraph VIII.

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REPRESENTATIVE SNOW: Paragraph VIII is the transfer

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17

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of

cases.

Any ,court may transfer to the appropriate court

18 in the state any case in which it determines that jurisdiction

19 or venue lies elsewhere.

20

I would amend that by changing the word "may" to

21 "shall." I think that any court ought to transfer

22 mandatorily any case that ought to go to another court without

23 it having to be dismissed and the people having to file again

24 and pay the court costs again, so it ought to be required that

25 it be done.

PA9~ 86

GOVERNOR BUSBEE: All right. Wait just a minute,

2 Mr. Speaker, there is a motion. You move, Mr. Snow?

3

REPRESENTATIVE SNOW: Yes, I do.

4

GOVERNOR BUSBEE: With the change of "may"to "shall"

5 as part of your main motion.

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: And there's a second. All right.

8 Now discussion. Mr. Speaker.

9

SPEAKER MURPHY: I've got no problems with trans-

10 ferring civil cases anywhere in the state. That's a new

philosophy altogether, I want all of you to understand that

it's a brand new philosophy.

Now you file, they plead jurisdiction, they dismiss

it and they refile it another county. This of course is a

boon for us plaintiffs' lawyers if we pick the wrong county,

but I've got a lot of problems with them being able to indict

me in Fulton County for something I done in Echols County

18 and finding out it ain't the right county and sending it down

19 to Echols County when they probably wouldn't indict me in

20 Echols County, they wouldn't do it.

21

As long as you restrict it to civil cases I've got

22 no problems with that, but I've got a lot of problems with

23 cases that might include a criminal indictment, so I would
24 change it. to any civil case, and t' ve got no obj ection to the

25 word "shall" so long as it's confined to a civil case.

PAGE 87

GOVERNOR 'BUSBEE: Do you make a substitute motion?

2

SENATOR BARNES: I agree with civil. yes.

3

SPEAKER MURPHY: I just want to make sure that's what

4 it meant. Change the word "may" to "shall" and

5

GOVERNOR BUSBEE: In order to proceed

6

REPRESENTATIVE SNOW: That's fine.

7

GOVERNOR BUSBEE: Let me make an observation. In

8 the Speaker's Paragraph VIII change the word "may" to "shall"

9 as part of his motion; and with that it's the intention to go

10 to civil cases and Judge Beasley and Representative Snow so

11

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state,

and

I

don't

know

of

any

objection

to

it.

2...

@);~ So the motion is made and seconded to substitute Paragraph VII, "Any court shall transfer to the appropriate

! 14 court in the state any civil case in which it determines that

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16 .~..

Discussion. Representative Pinkston .

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17 :

REPRESENTATIVE PINKSTON: In the case of a third

18 party defendant like Senator Barnes was talking about a few

19 minutes ago, if there is a disagreement between the attorneys

20 or the parties involved, what kind of a problem would this

21 create as far as appeal of the court's transfer of a case is

22 concerned?

23

GOVERNOR BUSBEE: I don't see any problem at all.

24

SENATOR BARNES: You would just have a statute to

25 provide that.

PAGE 88

GOVERNOR BUSBEE: That's by law.

2

REPRESENTATIVE PINKSTON: Do you think you've still

3 got a right to appeal that decision or that decision of

4 transfer?

5

GOVERNOR BUSBEE: I don't think that presents any

6 problem whatsoever in my opinion.

7

SPEAKER MURPHY: Yes, sir, you would have that right.

8

GOVERNOR BUSBEE: Senator Deal.

9

SENATOR DEAL: What about a situation where you have

10 joint tort-feasors as defendants, the plaintiff chooses to sue

in the county where one particular joint tort-feasor resides;

would this not give the court upon proper motion by one of the

defendants the right to transfer it to the county of the other

joint tort-feasor even though the plaintiff might oppose that

transfer?

GOVERNOR BUSBEE: Mr. Speaker.

SPEAKER MURPHY: Senator, I think you being a good

18 lawyer you're aware that what you just stated where you have

19 joint tort-feasors you have a right to choose the county,

20 jurisdiction would be in either county, the court would have

21 to recognize the jurisdiction within that county and could

22 not transfer it.

23

If he did, you would have the right to appeal to get

24 it kept in that county.

25

SENATOR DEAL: Would it also be in the other county

PAGE 89

also?

2

SPEAKER MURPHY: Yes, sir, it would be in both

3 counties, and the court couldn't trasfer it if it had

4 jursidiction.

5

SENATOR DEAL: That's what I wanted to be sure of.

6

GOVERNOR BUSBEE: All right.

7

JUDGE BEASLEY: Correct.

8

GOVERNOR BUSBEE: Judge Beasley agrees with that

9 observation.

10

Let's proceed. Is there objection to ordering the

previous question? The Chair hears none.

All right. Is there objection to the adoption of

Paragraph VIII? If not, it is unanimously adopted.

All right. We now go to -- Any other additions to

Section I?

Hearing none, go to Section II.

A VOICE: Wait a minute.

18

SPEAKER ~ruRPHY: I've got a Section II I would like

19 to put in right here.

20

A VOICE: No, you've got two sections in this section

21

SPEAKER 11URPHY: I've got two sections there that

22 I've transferred from another section of theirs where I felt

23 like it probably belonged here.

24

Paragraph IX, I would like to add a Paragraph IX

25 as specified in my document that all rules of evidence shall

PAGE 90

be as prescribed by law. It appears in their document 2 somewhere else as prescribed by the Supreme Court, and I'm 3 just trying to fix it as prescribed by law here.

4

REPRESENTATIVE PINKSTON: I move its adoption.

5

REPRESENTATIVE SNOW: We come to that later, Mr.

6 Chairman.

7

SPEAKER MURPHY: I'm offering it in this section

8 because that's where I think it ought to go. It's in the

9 Supreme Court's jurisiction of the section now where they fix

10 the rules of evidence, and all I want to do is put it in this

11

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here

where

it

belongs.

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A VOICE: I so move.

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A VOICE: I second.

14 !

GOVERNOR BUSBEE: All right. There is a second.

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15 Q

The motion is we have a new Paragraph IX added to

16

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to

read as

follows:

All rules of evidence shall be

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18

Discussion.

There is a second. Senator Howard.

19

SENATOR HOWARD: I would like to hear from

20 Representative Snow on the rationale for changing this so that

21 the Supreme Court would set the rules of evidence.

22

REPRESENTATIVE SNOW: The committee felt that the

23 Supreme Court was uniquely qualified to set the rules of

24 evidence because the various committees that presenently work

25 with the State Bar, the committees that work on this in the

PAGE 91

General Assembly, ~e usually take recommendations from the

2 bar committees or from the general public committees; we

3 of course use the facilities of the universities' law schools

4 tremendously, and that it would just -- it would be just as

5 simple to have these recommendations going to the Supreme

6 'Court as it would be to come to the General Assembly.

7

We would still retain a veto over these rules, we

8 would have a two-thirds vote of each house on the recommenda-

9 tion if we didn't like what was being done.

10

I just feel like that the Supreme Court rules of

..11

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evidence

are

unique

as

far

as

the

judicial

system itself

is

g ; io...... concerned and that they ought to be uniform, and that they're qualified and capable of doing it.

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16 ~... tions, we would still have review of it and I see no problem

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with

it,

18

That was the recommendation of the committee.

19

GOVERNOR BUSBEE: Senator Ballard.

20

SENATOR BALLARD: Is it not true that the State Bar

21 recommended that it stay as it is with the General Assembly?

n Is that not true?

23

REPRESENTATIVE SNOW: The Board of Governors did

24 that, yes.

25

SENATOR BALLARD: And why make a chanee for the sake

PAGE 92

of just changing? You have not givena good reason for

2 changing it except it looks good.

3

REPRESENTATIVE SNOW: I don't know that it

4 necessarily looks that good.

5

SENATOR BALLARD: All right.

6

GOVERNOR BUSBEE: Judge Beasley.

7

JUDGE BEASLEY: Senator Ballard, many of the rules of

8 evidence, if you'll look in your Evidence Code 38 evolved

9 piecemeal by decisions of the appellate courts to begin with

10 and then were codified. It's not the other way around.

11 t~

So that actually many of the rules of evidence are

2 12 ~ made by the appellate courts to begin with. Now, the problem
~~! with that is that they have to wait for a case to come up with

! 14 that particular question involved before they can make a

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17

In order to have a cohesive body, it must be put

18 into the court system itself to determine what is the best way

19 to get the evidence in.

20

For example, the use of tapes or the use of photo-

21 graphs or things that are modern technology types of things;

22 it should be up to a body that deals with those matters

23 because it is a procedural matter.

24

Now, where substantive rules of evidence are con-

25 cerned, that of course would affect the rights of the people

PAGE 93

and would have to stay with the General Assembly like the

2 competency of witnesses or the marital privilege or something

3 of that nature, but that is not what is being talked about

4 here.

5

The courts are in a unique position to see what the

6 rules of evidence should be in order to get to the truth of

7 the matter, and that is where the rule-making as it relates

8 to the rules of evidence should be.

9

REPRESENTATIVE SNOW': Let me add one thing to that

10 too.

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11 ~

GOVERNOR BUSBEE: Mr. Snow.

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REPRESENTATIVE SNOW: We've got to keep in mind that

, we have two sets of rules of evidence for those who practice

14 ~ also in the federal courts, you have the federal rules of
'x":
15 : evidence and the state rules of evidence, so possibly this
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16 ~ could mean -- and even though a lot of folks wouldn't like it,
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17 : it could mean that you might have more uniformity among the

18 rules as to those two different courts.

19

JUDGE BEASLEY: There would be a check and balance on

20 it.

21

GOVERNOR BUSBEE: Mr. Speaker.

22

SPEAKER 11URPHY: Governor, as I understand it -- I

23 somewhat agree with a part of Judge Beasley's dissertation,

24 but as I understand it the Georgia Code originally was nothing

25 more or less than a codification of the common law, that's the

PAGE 94

way it started, and the General Assembly has taken it from

2 there and gone from there.

3

Another basic philosophy of government that obviously

4 you and I disagree on is I've always believed in the separa-

5 tion of powers, I've always felt like it was up to the

6 legislature to make the laws and the courts to construe them.

7

Now what you want to do is get the courts into

8 making the laws and construing them also, and I'm unalterably

9 opposed to it myself.

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JUDGE BEASLEY: May I respond? A VOICE: Call the question. GOVERNOR BUSBEE: Judge Beasley had one observation. JUDGE BEASLEY: Well, I think that the Speaker and I

14 ~ certainly agree about separation of powers, but we're not
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15 ~ talking about here taking any power of the General Assembly
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16 over the laws of the state. What we are talking about is the

17 i courts simply managing and administering the business which

18 has been given to them under the judicial power of the state

19 just to manage the business, to try cases in an expeditious

20 a manner as possible with the least cost to the people, but

21 not the lawmaking authority at all.

22

REPRESENTATIVE PINKSTON: Hr. Chairman.

23

GOVERNOR BUSBEE: Representative Pinkston.

24

REPRESENTATIVE PINKSON: Judge Beasley, what recourse

25 would the General Assembly have under these circumstances

PAGE 95

that if the Supreme Court set out certain rules of evidence

2 and we invalidated that rule by a two-thirds vote under the

3 proposal somewhere else on page 5 I believe it is

4

JUDGE BEASLEY: Correct.

5

REPRESENTATIVE PINKSTON: Then what recourse would we

6 have to correct what we thought was something that was out of

7 the providence (sic) of the Supreme Court?

8

JUDGE BEASLEY: They would have to adopt one that

9 was to your liking, one that would get approved by the General

10 Assembly. That's the whole point.

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The final say as to the rule of evidence would be up

to the General Assembly, not up to the Supreme Court. In

other words, they would do all the gut work, they would do all

! 14 I- the fashioning of it with the recommendations that they ':<z"C:
15 q receive from those who are practicing, but then the final say
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17 : and if you didl\l't like it you would say "Not this one, you'd

18 better come back with one that does such and such and we'll

19 approve that."

20

REPRESENTATIVE PINKSTON: What happens to the law

21 of evidence in between all this time?

22

JUDGE BEASLEY: You see, in the meantime we've got

23 a lot of hiatuses now where the law doesn't apply, or the law 24 doesn't provide for situations of evidence and the courts have

25 to fashion those anyway, so it's already being done to a

PAGE 96

certain extent because the legislature hasn't developed a

2 body of rules of evidence that are cohesive.

3

SENATOR KIDD: Mr. Chairman, call for the question.

4

GOVERNOR BUSBEE: All right. Senator Kidd.

5

SENATOR KIDD: Previous question.

6

GOVERNOR BUSBEE: All right. The motion is on the

7 rules of evidence, the Speaker's proposal which is that all

8 rules of evidence shall be as prescribed by law.

9

Is there objection to ordering the previous question?

10 Hearing none, the previous question is ordered.

11 I5

A VOICE: Does the motion strike the section on --

o

A. III

Q~J;i A VOICE: We'll get to that later.

GOVERNOR BUSBEE: All right. All those in favor of

$ 14

1
the adoption of the amendment rise and stand until you're

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16 ~ III

(A show of hands.)

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17 i

GOVERNOR BUSBEE: Reverse your positions.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right. In the House the ayes

20 are 24, the nays are one; in the Senate the ayes are 15, the

21 nays are one. The amendment is adopted.

22

All right, you have a Paragraph X in yours.

23

SPEAKER MURPHY: Governor, could I make a statement

24 about that?

25

GOVERNOR BUSBEE: All right.

PAGE 97

SPEAKER MURPHY: Paragraph X, I really do not feel

2 that strongly about that, but some of my colleagues from over

3 the state felt very strong about it that particular portion

4 that the admission to the bar be prescribed by law.

5

I think the Supreme Court oversees the admissions,

6 and I've got no problem with that. ~{hat really was the thing

7 that made me to agree to this was, you know we had a hard time

8 passing the law -- we did have a law that was passed that you

9 had to be a graduate of law school before you could take the

10 bar exam. We finally changed the law to where you could take

it six months before you graduated from law school, but you

still couldn't practice law until you had graduated from law

school; of course the reason being for that that many of us

had the experience, I had the experience when my son graduated

from law school that I had to wait six months for him to take

his bar and he was getting his monthly salary and wasn't doing

a dadblamed thing to earn it, and that happens allover

18 Georgia.

19

I really don't have any strong feelings about

20 turning it over to the Supreme Court if that's what you want

21 to do, but some of my colleagues insisted they wanted this

22 in the draft.

23

I really hope the Supreme Court will continue to do

24 the fine job they're doing, but there are certain basic things

25 that I would hope that would not be changed.

PAGE 98

GOVERNOR BUSBEE: I recognize the Chief Justice, a

2 member of the Select Committee.

3

CHIEF JUSTICE JORDAtl: Mr. Chairman, I would like to

4 earnestly recommend to this committee that it delete this 5 proposal of Paragraph X.

6

Up to now we have seen this committee refuse to

7 grant any additional powers to the Supreme Court. Of course,

8 we have to abide by the wisdom of this committee. but this is

9 a power that we do have now which would be withdrawn from us

10 if this paragraph were passed.

I:J

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11 j:
o.'.".....

SPEAKER l1URPHY: Within certain parameters. Judge.

@);I you have it now. You have it within the confines of the time they can take the bar. That's about the only restriction we

! 14 !;; put on you is the time they can take the bar. Isn't that

<:zC:

15 ol about right?

~

i::I
16

CHIEF JUSTICE JORDAN: That's about right. and we

oz

17 i have a Board-of Bar Examiners which I think functions very

18 efficiently over the years. I think the rules of admission to

19 the bar are fair. and I would like to see us continue to have

20 that control.

21

SPEAKER MURPHY: Judge, could I make one other

22 statement. sir?

23

You know I have the utmost respect for you and your

24 court, but some of my colleagues who suggested this to me were

25 terribly worried about is there are many, many good, good, and

PAGE 99

I mean good lawyers -- one of the best lawyers I ever had any

2 contact with was a fellow named Don High who graduated from

3 Woodrow Wilson Law School, but there are many good, good

4 lawyers who came out of those schools who are afraid that as

5 the silk stocking people come into your position, which I'm

6 not accusing you of being silk stocking you understand

7

CHIEF JUSTICE JORDAN: I appreciate that.

8

SPEAKER MURPHY: -- that they will eventually get

9 to the place where they'll say the only way you can take the

10 bar is if you're a graduate of the University of Georgia or

Mercer or Emory.

CHIEF JUSTICE JORDAN: I would hope this body would

continue to have faith in the Supreme Court carrying out its

duties in a fair way.

SPEAKER MURPHY: I don't mind saying that I don't

have any strong feelings, but I do have some strong worries

about the future when folks like you and unfortunately some

18 of your colleages are gone.

19

GOVERNOR BUSBEE: Let me just say this. Unless

20 it's offered now, and the Speaker has not yet offered it as

21 a proposal, it will be covered in Section V on page 5 of your

22 document where it says "The Supreme Court shall be rule

23 govern admission to the State Bar of Georgia and the

24 discipline of attorneys," so it will be covered there if it's

25 not covered here.

PAGE 100

A VOICE: I move we move to Section II.

2

GOVERNOR BUSBEE: Is there objection to proceeding to

3 Section II?

4

If not, Paragraph --

5

REPRESENTATIVE COLEHAN: Mr. Chairman.

6

GOVERNOR BUSBEE: Just a minute.

7

REPRESENTATIVE COLEMAN: I would like to ask a

8 question of the Judge.

9

The Speaker brought up the question of certification

10 of night law schools, and I'd just like to ask if there is a

I

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j:
..oG../..i

dominant

feeling

among

the

Supreme

Court,

or

could

the

judge

answer it, how they feel about the night law schools.

You know, we have lost three in the last two years,

14 ~ we only have three left in the state.

':~z":

15 olI

GOVERNOR BUSBEE: I'll ask the Chief Justice --

~

~
16 ~... are you asking him a question?

azQ
17

REPRESENTATIVE COLE~1'AN: Yes, sir, just for

18 information.

19

CHIEF JUSTICE JORDAN: Well, at the present time

20 we have prescribed rules governing the night law schools,

21 provisions relating to the number of books that they have in

22 the library, the number of teachers, et cetera, and the

23 curricu1um":-

24

So far the schools have been able to meet those

25 requirements.

PAGE 101

As you know, there is a proposition being proposed to

2 the Board of Regents that it take over one of the prominent

3 night law schools in Atlanta and have a night law school at

4 the University -- at the center here in Atlanta.

5

GOVERNOR BUSBEE: Georgia State.

6

CHIEF JUSTICE JORDAN: Georgia State.

7

GOVERNOR BUSBEE: All right. Senator Greene.

8

SENATOR GREENE: Mr. Chairman, I would like to ask

9 the Speaker a question.

10

GOVERNOR BUSBEE: Proceed.

"z
11 j:

SENATOR GREENE: As the Speaker knows, the first time

'o."..

w

Q~ ;14i! I had the pleasure of meeting him was dealing with that very legislation he was talking about several years ago when I was at Mercer University and invited on the floor of the House

Ii;

15

:I: ~

when

they

took

that

vote.

One bill passed, and one lost by

"'";;)
16 ~ one vote. w Q z

17 ~

SPEAKER MURPHY: We were kind to you, wasn't we?

18

SENATOR GREENE: Yes, sir, you sure were, Mr.

19 Speaker, and I'm very concerned. I don't even want to get into

20 the night law school question.

21

Is there anything, Mr. Speaker, in the present

22 constitution similar to this proposal they've got over here 23 on Number

24

SPEAKER I1URPHY: There's not, no, sir.

2S

SENATOR GREENE: I'm concerned that when you put it

PAGE 102

into the total discretion of the Supreme Court of Georgia

2 that the pressure will be brought to them by the deans of the

3 various law schools who are having great problems with your

4 particular bill that fortunately passed so that folks like

5 your son and myself could start practicing law --

6

SPEAKER MURPHY: My son didn't get to. You did.

7

SENATOR GREENE: The issue -- I'~ concerned, I don't

8 want to give up that. As a legislator and as a law student

9 who fought for that bill I don't want to give that right up,

10 and if it's not in the constitution now I'm not too thrilled

11 ";%:: about giving that power away to the courts. II:

@J;i2... GOVERNOR BUSBEE; You're not really giving it away I don't think. I think you've had it since '64.

~ 14!

SENATOR GREENE: If we passed the committee's

t;
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15 olI version

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16 l~D

GOVERNOR BUSBEE: We're not even to that, you won't

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17 = get to that until you get to two sections over.

18

SENATOR GREENE; If we were to accept the Speaker's

19 version

20

GOVERNOR BUSBEE; He hasn't offered it yet ..

21

SPEAKER ~ruRPHY: May I make a statement to the

22 Senator. Governor?

23

GOVERNOR BUSBEE: All right. Mr. Murphy.

24

SPEAKER MURPEY; What I would like to suggest -- I'm

25 not going to offer my section. I threw it out there because

PAGE 103

I told some of my colleagues who contributed very heavily to

2 this document I would throw it out there and if somebody

3 wanted to make a move that would be up to them.

4

I would suggest that if you want to leave the law

5 like it is that you not put my section in and that you not put

6 that in and just leave it up to the General Assembly to fix it

7 where if it gets out of the banks the General Assembly can take

8 it back over.

9

SENATOR GREENE: Thank you, Mr. Speaker.

10

GOVERNOR BUSBEE: Senator Stumbaugh.

SENATOR ST~1BAUGH: Mr. Chairman, since we have a

broad cross-section of people in the state studying law and

hopefully take the bar and pass the bar and practice law, it

seems to me that since we represent that broad, broad section

that we ought to be hearing their feelings about the

difficulty, the fairness of the system that allows them to

practice.

18

The Supreme Court judges don't have that contact

19 across the state, it's not their position to have it, and

20 because we have the contact and know the feelings and the

21 needs I think there is a great need for this, and I move that

22 it do be included.

23

GOVERNOR BUSBEE: What are you moving to include?

24

SENATOR STUMBAUGH: Paragraph X.

25

GOVERNOR BUSBEE: Do you have any objection to

PAGE 104

putting it in when you get over to the similar article? It

2 would be more appropriate I think over there than it would be

3 here and discuss it? If you want to move on it right now --

4

SENATOR STUMBAUGH: I'll be glad to have it e1se-

5 where, that's fine.

6

GOVERNOR BUSBEE: Go to Section II.

7

A VOICE: Let's take a break, Governor.

8

GOVERNOR BUSBEE: Paragraph I, Section II.

9

REPRESENTATIVE SNOW: All right, Jurisdiction of

10 courts of limited jurisdiction. The magistrate, probate and

state courts shall have jurisdiction as provided by law,

leaving it totally to the General Assembly --

SPEAKER MURPHY: Hold it right there. Governor,

before we get to that, may I be heard, sir?

GOVERNOR BUSBEE: All right. Mr. Speaker.

SPEAKER MURPHY: I have added in our proposed

constitution a venue section which I would like to have at

18 this point; that's where it ought to go in the constitution 19 if this body wants to adopt it, and I have added that venue

20 in here, and I would like to submit at this time exactly

21 what's in the present constitution as to venue.

22

The only complaint I've heard about this section is

23 from Senator Barnes about his third-party defendants.

24

I personally feel very strongly that the defendant

25 ought to be sued in the county where he lives and he ought not

PAGE 105

to be able to select the county. I think it ought to be in

2 the constitution, I don't think they ought to be able to

3 change it by statute.

4

I think cases involving land title ought to be

5 tried in the county where the land lies. I don't think they

6 ought to be able to buy something and then go over in another

7 county and sue on it. I don't think the General Assembly

8 ought to be changing that.

9

All I'm trying to say is that this is the present

10 constitution exactly as it is in our constitution today, I

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11

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I

think

it has

worked well,

I

think

the rules

have

been settled

.2..

12 ~ down through the ages by the courts, and I think it ought to

@~r~ go back in there where we ought not to be able to tamper with

! 14 1;; it as the times change.



:I:

15 ~

A VOICE: So moved.

"I
~

16 .~..

GOVERNOR BUSBEE: All right. Now to go back to

Qz

17 ~ Section II, you have the main motion. I'm going to put it in

18 this order that on the long handout is that the magistrate,

19 probate and state court shall have such jurisdiction as

20 provided by law, and Mr. Murphy is offering a substitute

21

SPEAKER MURPHY: I'm offering a new section to go to

22 Section II, Venue.

23

GOVERNOR BUSBEE: -- which would be

24

SPEAKER ~rurnPHY: You've got my copy somewhere,

25

GOVERNOR BUSBEE: on venue. In lieu of that he's

PAGE 106

offering a substitute or he would want to insert it --

2

SPEAKER MURPHY: A new section.

3

GOVERNOR BUSBEE: A new section, so it will be an

4 original motion.

5

All right. What we -- Let me ask, you have venue

6 covered in here where?

7

JUDGE BEASLEY: We say as provided by law.

8

GOVERNOR BUSBEE: ~~ere is that?

9

REPRESENTATIVE SNOW: We have already passed that,

10 that's Section I.

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SPEAKER MURPHY: And that was taken out. GOVERNOR BUSBEE: It was taken out at that point. Okay. On Section II the proposal is that we write

! 14 in you've just struck out that venue shall be as provided

t;

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15 ~ by law, and the motion of the Speaker is that you put in what's

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16 I... on pages 3, 4 and 5 as to what venue is in divorce cases,

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17

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land

titles,

equity

cases,

suits

against

joint

obligors,

co-

18 partners, et cetera, suits "against makers, endorsers, all

19 other cases and power to change venue.

20

SENATOR BARNES: I have an amendment.

21

GOVERNOR BUSBEE: All right. This is offered as a

22 section, I think that's the only way we can consider it, and

23 the parliamentary procedure will not be the standard rules of

24 going paragraph by paragraph, but if- there's no ob;ection

25 because this is an all-inclusive venue constitutionally we

PAGE 107

will consider it by section.

2

All right. I recognize Senator Barnes.

3

SENATOR BARNES: On page 5, Paragraph VI of the

4 handout it says all other cases. I would move to amend

5 after "resides" to insert "or as otherwise provided by law"

6 all other civil cases shall be tried in the county where the

7 defendant resides or as otherwise provided by law.

8

That would allow us to get around third-party

9 problems that exist that we've tried to amend in the

10 constitution half a dozen times.

SPEAKER MURPHY: What that would do is just open

the gate that it be tried in the county where the defendant

resides.

SENATOR BARNES: Unless we provide -- if we passed a

statute, the General Assembly would still have to pass the

statute.

I mean we've stood up here all day and said the

18 General Assembly will have the power, and then when he put

19 something in to give the General Assembly the power to set it

20 we say "~vell, the General Assembly can't be trusted with that."

21

SPEAKER MURPHY: Senator, there's a difference

22 between putting something in to give the General Assembly

23 power and taking something out that takes basic fundamental

24 constitutional rights away from the citizens of Georgia.

25

SENATOR BARNES: wbat that means is you have to try

PAGE 108

a case twice if you have a third-party defendant in; you have

2 to get a judgment against him --

3

GOVERNOR BUSBEE: Let me get parliamentary procedure

4 here.

5

You move to amend Paragraph VI, line 2 where it

6 says in the county where the defendant resides, or as provided

7 by law?

8

SENATOR BARNES: Otherwise provided by law.

9

GOVERNOR BUSBEE: As otherwise provided by law.

10 That is the motion. Is there a second to that motion? A VOICE: Seconded. GOVERNOR BUSBEE: The motion is seconded. All right.

I call on the Chief Justice. CHIEF JUSTICE JORDAN: I'd just like to, Mr.

Chairman, address this question to Speaker Murphy.

Under his proposal how would you take care of a situation where you had joint tort-feasors who lived in

18 separate counties?

19

SPEAKER MURPHY: Just like we do now.

20

CHIEF JUSTICE JORDAN: File two lawsuits?

21

SPEAKER MURPHY: Just like it is now, just exactly

22 like it's in the constitution because we've been doing it that

23 way for years.

24

CHIEF JUSTICE JORDAN: If you sued one, then what

25 would you do with the other one? You would have to bring them

PAGE 109

on a third-party --

2

GOVERNOR BUSBEE: Is this in the constitution?

3

SPEAKER MURPHY: No, sir, you're talking about

4 third-party defendants. Yes, sir, it's in the constitution

S now, you've been construing it for years. We can sue in either

6 county we wanted to, Judge.

7

CHIEF JUSTICE JORDAN: I understand that you can sue

8 in either county, but then what do you do with the other joint

9 tort-feasor? Would you have to file two lawsuits?

10

SPEAKER MURPHY: This is the same provision we've got

in the constitution today. This is the existing constitution

today, Judge, exactly what it is today.

GOVERNOR BUSBEE: As far as I can tell, the motion

is to adopt -- I'm checking it -- that's the way the present

constitution reads now is that all other cases, civil cases

shall be tried in the county where the defendant resides,

and all criminal cases shall be tried in the county where the

18 crime was committed, except cases in the Superior Court where

19 the judge is satisfied that an impartial jury cannot be

20 obtained in'such county.

21

SENATOR HOWARD: Mr. Chairman.

22

GOVERNOR BUSBEE: Senator Howard.

23

SENATOR HOWARD: I still contend, and I would like

24 to ask the Speaker who's a better lawyer than I am -- I still

2S don't understand under his proposal how you would be able to

PAGE 110

get a third-party defendant in. Wouldn't you have to bring a

2 lawsuit in two counties?

3

SPEAKER MURPHY: I don't know how you get a third-

4 party defendant in.

5

SENATOR HOWARD: A joint tort-feaso r.

6

SPEAKER MURPHY: loJe do that all the time now.

7

SENATOR BARNES: No, but if one of the defendants

8 says you didn't sue both joint tort-feasors and that other

9 fellow lives outside of the county, you can't bring him in.

10 That's what the courts --

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11 i=

SPEAKER MURPHY: He can't bring him in, you can .

o......

G':~ GOVERNOR BUSBEE: Wait. Let's have order. Wait

just a minute.

~J~! 14 !;;

If you've got a question, address it to the Chair,

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16 .~..

I think the proposal that you have here, and let's

oz

~

17 :: just all understand what we're doing, is this is the existing

18 constitution, and is there any change.

19

SENATOR BARNES: No, but the Supreme Court has ruled

20 that you can't third-party him in. Stone v. Rexter Oil

21 Company ruled that you can't third-party him in.

22

SPEAKER ~1URPHY: Senator, if you want to put joint

23 tort-feasors, Paragraph IV would be the place to put that, 24 suits against joint obligors, joint promissors, co-partners,

25 joint trespassers or joint tort-feasors. You could do it

PAGE 111

right there, Senator, if you. want to.

2

CHIEF JUSTICE JORDAN: That would cure my objection.

3

GOVERNOR BUSBEE: The Chief Justice says if you

4 would add that, that would cure his objection to it.

5

Let's go. Let me look at it. Roy, are you going to

6 make that a motion?

7

SENATOR BARNES: I so move.

8

SENATOR HOWARD: I second, Mr. Chairman.

9

SENATOR BARNES: And I withdraw Paragraph VI.

10

REPRESENTATIVE PINKSTON: I have a question.

" 11

z
j:

o......:..

A VOICE: Representative Pinkston had a question,

@~I Mr. Governor. GOVERNOR BUSBEE:

Just a minute.

I'm going to perfec~

! 14 that motion on paper, and then ;1'11 read it to you. It's

!;;
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15 oll Paragraph IV you're putting it into. Read your change

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16 .~.. you're proposing on Paragraph IV of the Murphy handout .

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17 ~

SENATOR BARNES: Paragraph IV you're putting it into,

18 and taking it out of Paragraph VI.

19

GOVERNOR BUSBEE: Read it.

20

SENATOR BARNES: May be tried in either county or

21 as otherwise provided by law.

22

GOVERNOR BUSBEE: Suits against joint obligors,

23 joint promissors -- Is that where you're talking about?

24

SENATOR BARNES: Yes.

25

GOVERNOR BUSBEE: Where does the insert go?

PAGE 112

SENATOR BARNES: Residing in different counties

2 ~ay be tried in either county, or as otherwise provided by

3 law.

4

GOVERNOR BUSBEE: Where are you putting it, though?

5 Does it come after "promissors"?

6

SENATOR BARNES: After "county."

7

GOVERNOR BUSBEE: Read your --

8

A VOICE: After "joint obligors," put "joint

9 tort-feasors."

,

10

GOVERNOR BUSBEE: Here's an easier way to do it,

add after "joint obligors" on the first line "joint tort-

feasors."

SPEAKER MURPHY: That's all you need to add.

SENATOR BARNES: It still doesn't all you to bring a

third party.

SPEAKER MURPHY: It allows you to bring a third

party.

18

SENATOR BARNES: It allows the plaintiff, but not

19 the defendant.

20

A VOICE: What does it do, Roy?

21

SENATOR BARNES: After "joint obligors" add "joint

22 tort-feasors. "

23

GOVERNOR BUSBEE: I'll announce it.

24

All right. What you have is the motion to amend by

25 Senator Barnes that in Paragraph IV of the Hurphy substitute

PAGE 113

for the entire section that you add after the words "suits

2 against joint obligors," the words "joint tort-feasors," so

3 that it would read:

4

Suits against joint obligors, joint tort-feasors,

5 joint ...

6

And from that point it remains the same.

7

All right. Is there objection to the adoption of the

8 amendment?

9

Senator Deal.

10

SENATOR DEAL: And by adding the language II as

1:1

Z

.. 11 ~oa..:. otherwise provided by law," that's not going to be in there?

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GOVERNOR BUSBEE: No. Now then we're going to go now -- let's perfect

14 .~.. Paragraph IV only. Is there objection to adding the amendment

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15 o!) by Senator Barnes?

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16 .~..

Hearing no objection, the amendment is adopted .

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17 ::

All right. Now is there -- I think you had an

18 amendment

19

All right. Senator Littlefield.

20

SENATOR LITTLEFIELD: Mr. Chairman, by putting this

21 whole venue section or the existing venue section back into

22 the proposed constitution, there is one small problem that

23 I would like to ask a question about; I don't exactly know

24 how to address it.

25

Several years ago the Supreme Court in a case where

PAGE 114

the Department of Family and Childrens' Services was trying

2 to terminate parental rights said that the venue of the case

3 had to be in the county where the parent resided. The parent

4 was in north Georgia, the child was in south Georgia.

5

We passed a special or a general constitutional

6 amendment in either 1978 or 1980 to take care of that which 7 would provide for those venue cases in juvenile court where

8 DFCS is trying to terminate parental rights to be where the 9 child resides, and I don't think that this venue section

10 addresses that problem.

Perhaps I can get with Legislative Counsel and offer

this after lunch. I know the hour is late, but I do think --

GOVERNOR BUSBEE: You can come back for reconsidera-

tion on that point. I'll entertain it when you come back with

the perfected language.

All right. Is there any other changes in the

proposal that the Speaker has on this section?

18

Representative Pinkston.

19

REPRESENTATIVE PINKSTON: Mr. Chairman, I would like

20 to get it straight in my mind on venue as far as corporations

21 are concerned, Mr. Speaker.

22

SPEAKER MURPHY: As I understand it, Frank, we

23 discussed that subject at great length. As I understand it, 24 the residence of the corporation is where the General Assembly 25 says it is.

PAGE 115

We changed that law two or three years ago which

2 was a tragic mistake, I agree with you. You used to could sue

3 in any county where they had an office because the General

4 Assembly had said that was their residence; if they had an

5 office there, that was their residence.

6

We changed that by statute and the courts have upheld

7 it under the constitution. Isn't that right, Judge? All we

8 would have to do is change that by statute and say that

9 they're a resident in any county in which they have an agent.

10

REPRESENTATIVE PINKSTON: That's my point. This

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11

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o..IX....

section,

"in

all

other

cases,

in

all

other

civil

cases,"

e~; I offered a bill two years ago that changed that, and that was~entually vetoed, but it would provide where the damages,

14

~
o~n

where

the

contract

was

to

be

executed

or

whether

they

did

e(

x

15 .:l business in that particular county, but as you know now you

Cl

IX

~

16 .~.. have to have an office in that particular county before you'

Q

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17 : can sue them where the damage was done.

18

SPEAKER MURPHY: That's correct. The General

19 Assembly can establish their residence, the court has ruled

20 that I'm reasonably sure.

21

We changed that by statute, what was it, Judge,

22 four or five years ago -- about five years ago in the

23 corporation code I believe is where we changed it, wasn't it?

24

GOVERNOR BUSBEE: Let's go throught he Chair.

25

All right. Let .me just say --

PAGE 116

REPRESENTATIVE PINKSTON: ~~at I'm asking is if we

2 adopt this section in your opinion is there any reason why

3 the General Assembly cannot provide it or would we be

4 prohibited from providing it?

5

SPEAKER MURPHY: No.

6

GOVERNOR BUSBEE: Representative Pinkston, Judge

7 Beasley, Representative Snow, Mr. Speaker, all of you legal

8 experts, I think what his proposal is on venue is exactly

9 what's on page 47 except for the amendment of joint tort-

10 feasors being added, and we've changed nothing else that

z\lJ

11 ~ exists in any statute concerning venue. Is this correct, or

..o....

12 ~ am I wrong?

~- ~

Representative Harris. Not Representative Harris,

14 .>.. Mr . Harris. President Harris.

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15 ~

MR. F~RRIS: Mr. Chairman, the question raised by

c\lrJ:

;)

16 ~III the Senator from Brunswick, you will find on page 71 of the

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17 : document which is now the Paragraph VI of the venue section,

18 that resulted from the constitutional amendment that he

19 referred to.

20

If you are tracking exactly the present constitution,

21 then that Paragraph VI shown on the bottom of page 71 would

22 have to be substituted for the Paragraph VI in the Speaker's

23 version.

24

GOVERNOR BUSBEE: Let me stop and read that. Page

25 71?

PAGE 117

MR. HARRIS: The bottom of page 71. That's a seven

2 followed by a one.

3

(Pause.)

4

GOVERNOR BUSBEE: Did you read that, Senator

5 Littlefield? I believe the Speaker has no objection, and as

6 Mr. Harris pointed out, that's exactly what you're talking

7 about. He has no objection to substituting that for his

8 Paragraph VI.

9

SENATOR LITTLEFIELD: That would be fine.

10

SPEAKER MURPHY: I didn't pick it up, Senator, I'm

z~

@;;11

i=
.I.o..t..

sorry.

A VOICE: Mr. Chairman. GOVEm~OR BUSBEE: Just a minute. Is there objection

! 14 ... to substituting from page 71 the Paragraph VI at the bottom

'"

:c

15 o:l thereof in lieu of Paragraph VI in the Murphy amendment?

~

It

::>

16 ~...

Hearing none, it is substituted .

Q

Z

17 :

All right. Now--

18

(Pause. )

19

GOVERNOR BUSBEE: All right. The reason for that,

20 as Mr. Tidwell was pointing out, not being in there, this

21 constitution which they're working out of, as you well under-

22 stand, Senator, did not reflect the 1980 amendments, so what

23 we have really done is just pick up the 1980 amendments; it

24 all remains the same except the words "joint tort-feasors."

25 Is that correct?

PAGE 118

Senator Howard.

2

SENATOR HOWARD: Mr. Chairman, I think that the

3 discussion that's been going on here for the last 15 or 20

4 minutes is a perfect illustration of the reason that we

5 should reconsider and go with the proposal by the Select

6 Committee to make venue as provided by law.

7

I know the Speaker has said that fundamental rights

8 ought to be protected in the constitution, but we have been

9 talking for the last few weeks about the General Assembly

10 taking its rightful place in the decision-making process.

I see no reason why venue could not be considered in that

same light.

There is no way, as smart as rome of these people

might be, that we could think of everything in venue that

ought to be in this constitution, because we're going to

come along later and it's going to have to be done by

constitutional amendment, and I just have a philosophical

18 disagreement; it seems to me the General Assembly ought to

19 have that authority, we should not have to put it on the

20 ballot every two years to change the venue in a certain

21 kind of case. I just think we're making a very bad mistake

22 here.

23

GOVERNOR BUSBEE: Do you have a motion?

24

SENATOR HOWARD: Well, I understood we were going to

25 take this under consideration and vote on it later about

PAGE 119

venue. Is that correct?

2

GOVERNOR BUSBEE: I think right now the Speaker has

3 a proposal and this is verlue, his section there would be on

4 venue. If you have a substitute motion that venue shall be

S as provided by law, if that's what you're saying --

6

SENATOR HOWARD: I would like to move that to have

7 one more vote on it before we go along to adopting his, so

8 I move that we provide by substitute that venue be as

9 provided by law.

10

GOVERNOR BUSBEE: All right. You heard the

substitute. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: It's seconded.

All right. All those in favor of the substitute

rise and stand until you're counted.

(A show of hands.)

GOVERNOR BUSBEE: Reverse your position,

18

(A show of hands.)

19

GOVERNOR BUSBEE: Three to 17 in the House; five to

20 nine in the Senate. The amendment is lost.

21
22 on --

Now to the main motion. Is there objection to voting

23

REPRESENTATIVE LEE: Is there objection? Let's go.

24

GOVERNOR BUSBEE: I didn't ask any help.

2S

Section II will be the substitute by Murphy with

PAGE 120

the amendment we had on joint tort-feasors in Paragraph IV.

2

All right. Is there objection to ordering the

3 previous question? Hearing none, the previous question is

4 ordered.

5

All those in favor rise and stand until you're

6 counted on the adoption of the entire section.

7

(A show of hands.)

8

GOVERNOR BUSBEE: Reverse your position.

9

(A show of hands.)

10

GOVERNOR BUSBEE: All right. On the adoption, in

the House the ayes are 20, the nays are two; in the Senate

the ayes are 13, the nays are three. Section II is adopted

by substitute.

All right. Section III. We're going to get

through. It's just one paragraph, isn't it?

REPRESENTATIVE SNOW: Section III, jurisidiction of

classes of courts of limited jurisdiction. The magistrate,

18 probate we'll have to add juvenile courts -- and state

19 courts shall have such jurisdiction as provided by law.

20

SPEAKER MURPHY: That's the same. I move we adopt

21 it.

22

GOVERNOR BUSBEE: We have a paper just handed out

23 now which would be what I call the Kidd substitute.

24

All right. Senator, do you want to explain your

25 substitute?

PAGE 121

SENATOR KIDD: Mr. Chairman, I think we could call

2 this the probate judges' substitute, and what it does it

3 spells out a little more in detail the jurisdiction of

4 classes of courts of limited jurisdiction than the Speaker

S did in his proposed amendment to this section.

6

It spells out that probate courts shall have juris-

7 diction to issue warrants, try cases and impose sentences

8 thereon in all misdemeanor cases arising under the traffic

9 laws of the state, in all cases arising under the compulsory

10 school attendance law in all counties of this state in which

there is no state court, provided the defendant waives a jury

trial, and such other jurisdiction as provided by law.

Now, Senator Wessels has gone a little bit more in

detail than what you have in your hand, which I agree with

Senator Wessls' addition, and I hope that you will vote for

this change to Section III plus Senator Wessels' addition

to this section. Thank you.

18

GOVERNOR BUSBEE: Senator Ballard.

19

SENATOR BALLARD: Is it not true that the probate

20 judges try game and fish cases at this time also? You've

21 left those out.

22

GOVERNOR BUSBEE: Say again, Senator.

23

SENATOR BALLARD: Is it not true that probate judges

24 try game and fish cases now which you've left out of this

2S according to this amendment?

PAGE 122

GOVERNOR BUSBEE: I'd better not make an observation

2 on this.

3

Senator Wessels.

4

SENATOR WESSELS: Governor, I'd like to offer an

5 amenmnent to the Kidd substitute which would be as follows:

6 At the end of the word "trial" on the second from the

7 bottom line put a period, and add to that "probate courts

8 shall also have jurisdiction over the probate of wills,

9 administration of estates and guardianships, and such other

10 jurisdiction as provided by law," period. "Appeals shall

III

11

Z
i=

be

taken

from

a

final

decision

rendered

by

the

probate

court

.'2"..

@);~ as provided by law." GOVERNOR BUSBEE: All right. You've heard the

! 14 ... amendment, and there is objection .

~:z:

15 oll

All in favor of the amendment rise and stand until

III

'";:) 16 ~... you're counted .

zQ

17 a

(A show of hands.)

18

GOVERNOR BUSBEE: All right. All opposed. All

19 opposed to the amendment rise and stand until you're counted.

20

(A show of hands.)

21

A VOICE: I thought we were voting on the amendment.

22

GOVERNOR BUSBEE: All right. Just a minute. Let me

23 go through the parliamentary procedure.

,

24

Senator Kidd, do you have any objection to including

#25 that in your original motion?
~"" ll......-

~

PAGE 123

SENATOR KIDD: No.

2

GOVERNOR BUSBEE: Is there any objection? All right.

3 If there's no objection, that's part of the Kidd amendment.

4 Everything

5.

All right. There is an objection by somebody.

6

The question is now, and I'm not going to repeat all

7 of it, but you're going to have to bring it up to staff,

8 that you add all those things that you just said, that you

9 add all these things that Senator Kidd said.

10

SENATOR WESSELS: I have provided it to the staff.

III

11 5Z

GOVERNOR BUSBEE: Okay.

o......

g}~i

~ 14

1
~

There was objection to adding it. Senator Littlefield. SENATOR LITTLEFIELD: Mr. Chairman, I would like to

:<z:l

15 ol) in the amendment that Senator Kidd has offered offer an

"ell:
~

16 .~.. anendment that would delete that language that reads "under

17

gIzCl
the

compulsory

school

attendance

law."

18

This was apparently added before the advent of

19 juvenile courts, and now they're handled by the juvenile

20 courts, and I think that it's archaic language, and I would

21 like to move that it be stricken out of this amendment.

22

GOVERNOR BUSBEE: He accepts that amendment, and he

23 accepts the other amendment. Is there any objection to adding 24 both of these provisions to Mr. Kidd's, Senator Kidd's

25 amendment and then voting it up or down?

PAGE 124

Senator Greene.

2

SENATOR GREENE: It will be on the Ballard amendment

3 about the game and fish laws?

4
5 that.

GOVERNOR BUSBEE: He hasn't offered any amendment on

6

All right, with no objection all those things are

7 added to the Kidd amendment. Any objection?

8

If not, now the consideration is on the Kidd

9
substitute as amended.
10
All right. Representative Pinkston.

REPRESENTATIVE PINKSTON: Mr. Chairman, I'm afraid

that this amendment -- while I'm in favor of the concept of

it, I'm afraid that it's going to take some jurisdiction or

some duties away from the probate court such as marriage

licenses, pistol-toters' licenses and so forth, and if

Senator Kidd is willing to, I'd like to on next to the last

line where it says "a jury trial, and such other duties and
18
jurisdiction as is provided by law."
19
GOVERNOR BUSBEE: Mr. Speaker.
20
SPEAKER MURPHY: Would it not be satisfactory to
21
everybody involved just to put in there the jurisdiction of
22
probate courts shall be as now provided by law.
23
A VOICE: It would be simple.
24
GOVERNOR BUSBEE: I don't think you could ever
25
change that.

PAGE 125

SPEAKER }lliRPHY: Now or hereafter provided by law.

2

GOVERNOR BUSBEE: Now or hereafter provided by law

3 would be all right.

4

REPRESENTATIVE PINKSTON: That would be fine.

5

REPRESENTATIVE LEE: That's what they've got in

6 there, really.

7

REPRESENTATIVE SNOW: I'm with the Speaker on it.

8

GOVERNOR BUSBEE: Mr. Snow said he seconded the

9 motion.

10

Let me ask you -- let's try and get through with

11 "~z this section. Do you want to restate that?

g ; ;o...... SENATOR KIDD: Let me withdraw the one I have and second the Speaker's motion, and let's vote on it and get

~ 14

1
~

through.

<:l

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15 ol)

GOVERNOR BUSBEE: Any objection to withdrawing the

"~
;;;)

16 ~ Kidd substitute? Hearing none, it's withdrawn.

)

z

<:l
17 ::

All right. We're starting back with the main

18 motion. Mr. Speaker, do you have an amendment to this?

19

I'll tell you, let's take a break for lunch.

20

VOICES: Let's vote on this first.

21

GOVEID~OR BUSBEE: Read it to me. Let's go on and

22 vote.

23

The superior courts shall have jurisdiction in

24

all cases, except as otherwise provided in this

25

constitution.

PAGE 126

Well, go on down to probate.

2

SPEAKER MURPHY: vfuat you're getting at is

3

GOVERNOR BUSBEE: lVhereabouts is that?

4

SPEAKER MURPHY: It's in Section III, Paragraph I,

5 what you would say is:

6

Magistrate and state courts shall have such

7

jurisdiction as provided by law; probate courts shall

8

have such jurisdiction as now or hereafter provided

9

by law.

10

That's just all there is to it, it's that very

simple.

A VOICE: You've got to add juvenile court in there.

A VOICE: Let's move.

A VOICE: Previous question.

GOVERNOR BUSBEE: You have heard the motion and

it's seconded. Any discussion?

If not, is there objection?

18

REPRESENTATIVE BURRUSS: Are juvenile courts --

19

GOVERNOR BUSBEE: Juvenile courts are in the motion.

20

Is thereobjection to the adoption?

21

SENATOR BARNES: This is the adoption of the

22 Speaker's

23

GOVERNOR BUSBEE: Read it.

24

SPEAKER MURPHY: All right. It will read:

25

Magistrate, probate, juvenile and state courts

PAGE 127

shall have jurisdiction as provided by law.

2

Probate courts shall have such jurisdiction as

3

now or hereafter provided by law.

4

GOVERNOR BUSBEE: Is there objection to the

5 adoption? Hearing none, Section III is adopted by 6 substitute.

7

We will be recessed for lunch until one o'clock.

8

(Whereupon, at 12:05 p.m. a luncheon recess was

9 had until 1:00 p.m.)

10
"z
11 j:
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9;1 ! 14 1;; <C( :z: 15 01) "'";:) 16 ~... Q Z <C( 17 :

18

19

20 21
22 23 24

25

PAGE 128

AFTERNOON SESSION

2

GOVERNOR BUSBEE: We are going to proceed now.

3 Secton IV.

4

REPRESENTATIVE SNOW: All right. Mr. Chairman,

5 this is relative to the jurisdiction of the superior courts.

6 It provides that they shall have such jurisdiction as may be

7 provided in this constitution, and then shey shall have

8 exclusive jurisdiction over trials in felony cases and in

9 cases respecting title to land, and then because of some areas

10 that we have already handled this next area can be deleted,

~r,i ~

11 "~z and I would move along with my motion to adopt Section IV
.2..
12 that we delete the words starting on line 16 "and in cases
where the amount in controversy exceeds $100,000." and then

14 ~ continuing to delete "There shall be a juvenile or family

'<"

%

15 ol) division of the superior courts to which --"
~

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16 ~...

GOVERNOR BUSBEE: Wait a minute. We don't follow

zQ

17 ~ you at all. Hhat page are you on?

18

REPRESENTATIVE SNOW: I'm on the new Section IV,

19 page 3.

20

GOVERNOR BUSBEE: All right, let's go back. If you

21 will look at your long sheets that were handed out which is

22 the article committee's recommendation, we're looking at

23 page 3, it says Section III. If there's no objection in view

24 of what you adopted as Section II, we'll just proceed on this

25 section right here and they can renumber the sections.

PAGE 129

We're looking at Section III, superior courts.

2

All right. Then what change do you want to make,

3 Hr. Snow?

4

REPRESENTATIVE SNOW: All right, sir. Starting on

5 -- let me get on the proper line here -- on line 16 after

6 the word "land" start deleting and delete "and in cases where

7 the amount in contorversy exceeds $100,000." Because of what

8 we have done on overlapping jurisdiction, that comes out.

9

GOVERNOR BUSBEE: All right.

10

REPRESENTATIVE SNOW: Then continuing to delete,

III

Z

11

i=
'o.."....

"There

shall

be

a

juvenile

or

family

division

of

the

superior

9;1 courts to which shall be assigned juvenile matters and such other matters relating to the family as provided by law."

! 14 I-

GOVERNOR BUSBEE: That sentence reads "There shall

'"

:I:

15 01) be a juvenile or family division

III

'";;;)

16 ~...

REPRESENTATIVE SNOW: The entire sentence, yes .

cz

17 :

GOVERNOR BUSBEE: You want to strike all the words

18 "There shall be a juvenile or family division of the superior

19 courts to which shall be assigned juvenile matters and such 20 other matters relating to the family as provided by law."

21 You want to strike that sentence?

22

REPRESENTATIVE SNOW: That's correct, retaining the

23 last sentence "The superior courts shall have such appellate

24 jurisdiction, either alone or by circuit or district, as may

25 be provided by law."

PAGE 130

Now let me expound on that just a moment suggesting

2 that the reason for this being in there in the way that it's

3 written is to possibly in the future if it is desirable as

4 far as the legislature on their behalf to do that you might

5 set up a review panel of superior court judges to handle some

6 of the appeals from the superior court, let them review -- a

7 panel of superior court judges handle that and make it a

8 Northern District of Georgia, Middle District of Georgia or

9 the Southern District of Georgia, or for a particular circuit

10 or however the General Assembly might want to set it up.

l:I

Z

11 j:
...Io.l.l.:.

This would, or could possibly relieve the Court of

@);i Appeals and the Supreme Court of the tremendous caseload that they now have. It is just put in here solely so that if we

! 14 t; never decided we needed to do that we wouldn't have to come

~:z:

15 o:l back a nd amend the constitution to do it.

l:I

Ill:

~

16 .~..

Now that's the only reason it's there, it's written

azQ
17 in this way so that it might cover the entire district, or

18 it might cover a circuit, however the House and the Senate

19 through their actions might want. That's the purpose of

20 doing it, that's why we've got it in there.

21

GOVERNOR BUSBEE: All right.

22

REPRESENTATIVE BUCK: Mr. Chairman.

23

GOVERNOR BUSBEE: Representative Buck.

24

REPRESENTATIVE BUCK: Question. vlliy did you leave

25 out cases relating to equity and divorce?

PAGE 131

REPRESENTATIVE SNOW: It would be provided by law.

2 No reason.

3

GOVERNOR BUSBEE: All right. The motion then as you

4 amended it would be the main motion. You've got a motion.

5 Is there a second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: There is a second. All right.

8 Discussion.

9

SPEAKER MURPHY: I would like to amend his motion

10 to adopt Section IV that we've proposed which does basically

Czl

Q~);;11

i=
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the

same

thing

except

it

adds

what Mr.

Buck said in

divorce

"' cases and in equity cases to be sure the superior court

handled that.

14

1
~

I have also stricken the words "either alone or by

'-"<l

:c

15 ~ circuit or district," because that was getting back to the

Cl

'";;)

16

~ "Q'

circuit

court,

district

court

philosophy

that

some

of

us

did

Z

17 g-<l not like.

18

REPRESENTATIVE SNOW: Mr. Speaker, let me just

19 interrupt this much. We're dealing there only with appellate

20 jurisdiction; we're not dealing at all with circuit-wide or

21 district-wide courts. We are dealing with the superior court

22 as it may be affected by its appellate position.

23

SENATOR BARNES: Like the probate court, it already

24 has that in it.

25

GOVERNOR BUSBEE: Judge Beasley.

PAGE 132

JUDGE BEASLEY: Mr. Chairman, as it relates to that 2 last sentence which we have just been talking about, that 3 would not change anything that we now have. Hhat it would do

4 would be to give the General Assembly additional authority 5 which it does not now have to deal with the question of

6 appeals.

7

We're going to get to the handling of appeals a

8 little later on as it relates to the current Court of Appeals

9 and Supreme Court, but appealed cases are a very large

10 problem in this state, and we would like to have the people

~

@;;11

i=
..o"....'

of

the

state give

the

General Assembly

the

authority

to

deal

with how do you handle appeals as broadly as we possibly can

so that you can devise a system down the line that will

! 14 Ii; handle it.

0(
:z:

15 ol)

Now, this would allow you to take if you think of

""'::J

16 .~.. it all the existing judges in this state, you've got a pool

Qz

17 = of judicial talent, and the best use of that talent might

18 be to have -- might be you may decide to assign some superior

19 court judges who are not necessarily having a difficult

20 caseload or are on a senior status that could serve as an

21 appellate judge on a rotating type of basis, and you might

22 want to do that to use the existing pool of judges who are

23 being already paid for by the taxpayers just like you now

24 have by virtue of your legislation the sentence review panel.

25 It would be that sort of thing.

PAGE 133

Now, we're not proposing any of those things, only

2 that we give you the power to do it yourselves if you want to.

3

GOVERNOR BUSBEE: Mr. Speaker.

4

SPEAKER }1URPHY: I really don't have any objections

5 to it as long as it's reserved to appellate court jurisdiction

6 to leave that in there about superior courts shall have such

7 appellate jurisdiction either alone or by circuit or district

8 as provided by law, as long as we put in divorce and equity

9 cases.

10

GOVERNOR BUSBEE: All right. Let me explain what

e;i11

"z

~
..oti..l..:

he's

just

stated.

I think we can proceed.

If you will notice on your long sheet

REPRESENTATIVE SNOW: I'll accept that if you would

! 14 ~ like to go ahead.

:'z":

15 01)

SENATOR HOLLOWAY: Move the adoption.

"til:
::>

16 ~...

GOVERNOR BUSBEE: The move for the adoption is on

Czl

17 ::; the Speaker's substitute.

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: And there's a second to that.

20

Let me point out the only thing you're doing on his

21 that's different from what they did is you went back and 22 included divorce cases and equity cases. That was one change 23 in it. Now we're going back to their provision that the 24 superior courts shall have such appellate jurisdiction, either

25 alone or by circuit or district, as may be provided by law.

PAGE 134

SPEAKER HURPHY: Can I explain to some of my 2 colleagues who are looking at me cross-eyed why I have agreed 3 to that, Governor?

4

The reason I agreed to that is there is a philosophy

5 that's been expounded unfortunately by me at one time that we

6 could take superior court judges and set up four or five

7 districts in the state and they could hear, a panel of five

8 superior court judges could hear appeals in criminal cases

9 to clear out any errors, obvious errors, get it where it

10 wouldn't load up the Court of Appeals docket and would still

a;i11

"z
...ojor:: give
Go

them the

right

to

certiorari

to

the

Court

of Appeals

or

Supreme Court which would alleviate their docket and fully

utilize our superior courts. That's the reason that I agreed

! 14 to appellate jurisdiction by district only. That's the only

~

'z":

15 ~ reason I agreed.

"or:
~

16 .~..

GOVERNOR BUSBEE: All right. Senator Holloway .

Qz

17 ~

SENATOR HOLLOWAY: We have not eliminated the

18 language on line 16 beginnning with "and the" to line 20

19 ending with "by law." I would incorporate that in my motion

20 also.

21

GOVERNOR BUSBEE: That has been deleted, so what we

22 will be voting on in the language that is provided here in the

23 Speaker's copy, the only thing it does is add the words 24 "divorce cases and equity cases," then we go back to the 25 article committee, the last sentence "Superior courts shall

PAGE 135

have such appellate jurisdiction, either alone or by circuit

2 or district, as may be provided by law."

3

I want to commend everybody that had a part in

4 adopting that last sentence; that is a very good thing for

5 you to have there, and I think will do much to justify the

6 judicial article. Not taking any position from the Chair,

7 but you acted wisely.

8

All right. Now is there objection to this? Hearing

9 none, it's adopted.

10

All right. Section IV of the article committee's

"z
II j:

REPRESENTATIVE SNOW: Section IV of the article

'..o"....

e~'1 committee, the composition of the Court of Appeals shall be not less than nine judges, and they shall elect a chief judge

! 14 from among themselves.

I-

'"<C(

:I:
15 ~

I move its adoption.

"'":;)

16 ~...

GOVERNOR BUSBEE: It's moved .

Q

Z
<C(
17 :

A VOICE: Seconded.

18

GOVERNOR BUSBEE: Is there objection? Hearing none,

19 it's adopted.

20

Paragraph II.

21

REPRESENTATIVE SNOW: The second paragraph provides

22 they shall sit in panels of three as they presently do, not

23 less than three judges as provided by law. Move its adoption.

24

GOVERNOR BUSBEE: He moves its adoption. Is there

25 a second?

PAGE 136

A VOICE: Seconded.

2

GOVERNOR BUSBEE: Is there discussion? Hearing none,

3 is there objection to the adoption? Hearing none, it's

4 unanimously adopted.

5

Paragraph III.

6

REPRESENTATIVE SNOW: Paragraph III is a change from

7 the present constitution,and it provides that the Court of

8 Appeals shall be a court of review and shall exercise

9 appellate and certiorari jurisdiction in all cases not

10 reserved to the Supreme Court or conferred on other courts

"z

11

i=
.o0..:

by

law,

and

review

of

all

civil

cases

shall

be

by

application

IU

@);i for certiorari. As you know, there is now direct appeal to the Court

!..14 of Appeals, the right of that appeal in many cases .

':~z":

15 .:I
"0:
:I

The decisions of the Court of Appeals insofar as not

16

~
IU

in

conflict

with

those

of

the

Supreme

Court

shall

bind

all

zQ

17 ~ courts except the Supreme Court as precedents.

18

This is the result -- let me just make this statement

19 about it as far as certiorari is concerned. The reason that

20 the committee has made these recommendations was that we have

21 a Court of Appeals and a Supreme Court that have almost

22 reached the saturation point as far as the amount of work

23 that they can handle.

24

They handle more cases numerically than any other

25 Court of Appeals or Supreme Court anywhere in these United

PAGE 137

States. They-- Well, the Supreme Court especially feels

2 that this would be of tremendous benefit to them. The

3 committee felt like this would be one way of relieving the

4 caseload to some extent in the Court of Appeals and in the

5 Supreme Court. I mention both of them now so that I won't

6 have to repeat it later.

7

GOVERNOR BUSBEE: All right.

8

REPRESENTATIVE SNOW: I move the adoption of

9 Paragraph III.

10

GOVERNOR BUSBEE: Is there a second?

III Z
9 ; ;11 o.l.r..e-..

SENATOR BARNES: Seconded. GOVERNOR BUSBEE: Discussion. Mr. Speaker. SPEAKER HURPHY: In the provision that T,ole provided,

! 14 Governor, we struck out the language "review of civil cases I-

'"

:I:
15 .:> shall be by application for certiorari only" because we feel

IrIeI

:::l

16 .~.. like that in most cases the litigants are entitled to have

Q

17

Z :;

their appeals

heard;

the Board of Governors

agree with us,

18 and I think most trial lawyers over the state agree with us,

19 and the Court of Appeals agrees with us also.

20

GOVERNOR BUSBEE: Mr. Quillian, did you want to speak

21 to that?

22

CHIEF JUDGE QUILLIAN: I just want to say that I go

23 on record as being opposed to the certiorari. We feel you

24 have a right to an appeal.

25

SPEAKER t1URPHY: Hove the adoption of my substitute.

PAGE 138

GOVERNOR BUSBEE: You have the substitute motion.

2 Of course what we're talking about we're going by the article

3 committee and the Speaker's version except that we will still

4 have an appeal as a matter of right as you do now to the

5 Court of Appeals and do not have to go by certiorari.

6

All right. Is there further discussion?

7

Hearingnone, all in favor of the substitute

8 Is there objection? Hearing none, it's unanimously adopted.

9

REPRESENTAIVE SNOW: All right. Paragraph IV

10 deals with certification of question to the Supreme Court.

11

"z
j:

The

Court

of Appeals

may

certify

a

question

to

the

Supreme

.lo..i..t.

@);i Court for instruction, to which it shall then be bound. I move its adoption, Hr. Chairman.

! 14

A VOICE: Second.

t:z;: 15 olI

GOVERNOR BUSBEE: Seconded. Discussion? If not,

"lit
~

16 ~... is there objection? Hearing none, Paragraph IV is adopted .

aQz
17

SPEAKER HURPHY: I don't have a question on that,

18 but I would like to move to insert a Paragraph V which is in

19 the existing constitution that has been left out, "In the

20 event of an equal division of the judges when sitting as a

21 body, the case shall be immediately transmitted to the

22 Supreme Court." I think it ought to be in there, when we

23 have equal division they ought to certify it to the Supreme

24 Court and the Supreme Court answer it.

25

CHIEF JUSTICE JORDAN: That provision was in the

PAGE 139

constitution when the Court of Appeals consisted of six, and

2 it was very frequently a three-three split.

3

Of course, if the number of judges remains at nine

4 you wouldn't need this, but if you added three judges and went

5 to 12, then you would need it.

6

GOVERNOR BUSBEE: I don't see just from a personal

7 observation where you have one disqualified -- there's no

8 objection to this being in there, is there?

9

All right.

10

CHIEF JUDGE QUILLIAN: We have no objection.

GOVERNOR BUSBEE: The motion is we insert a new Paragraph V on the equal division of the court which has just been read and which appears on page 7 of the Speaker's recorrnnendation.

Is there objection to its adoption? Hearing none,

it's unanimously adopted.

Section V, Supreme Court.

18

REPRESENTATIVE SNOW: All right. The composition

19 shall not be more than nine justices. This would allow us

20 to increase by law the justices on the Supreme Court by two

21 additional justices.

22

GOVERNOR BUSBEE: There's no change I don't think

23 in either version. Do I hear a motion we adopt Paragraph I?

24

SENATOR HOLLOWAY: Moved.

25

A VOICE: Seconded.

PAGE 140

GOVERNOR BUSBEE: All right. Discussion? If not, 2 is there objection?

3

Hearing none, Paragraph I is adopted.

4

Paragraph II.

5

REPRESENTATIVE SNOW: Okay. This deals with the

6 appellate jurisdiction of the Supreme Court. It says the

7 Supreme Court shall be a court of review and shall exercise

8 exclusive appellate jurisdiction in the following cases, in

9 the cases that are enumerated there where the sentence of

10 death was imposed. That means where it has actually been

I:J

Z

11

i=
'2"

imposed

by

the

jury

they would have

the

jurisdiction over

1M

@);~ that case. All cases involving construction of treaties which

14 .~.. is presently in the constitution. We want to insert after

':~"r

15 Q "treaty" the words "or of the constitution of the State of

I:J

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16

~
1M

Georgia,

or

of

the

United

States."

It's in the present

Qz

17 ~ constitution.

18

GOVERNOR BUSBEE: Where is that, what line on page 4?

19

REPRESENTATIVE SNOW: That would be after the word

20 "treaty" on line 33 of page 4.

21

GOVERNOR BUSBEE: What words?

22

REPRESENTATIVE SNOW: "Or of the Constitution of the

23 State of Georgia or of the United States."

24

GOVERNOR BUSBEE: All right. You would add these

25 words after the word "treaty," "or of the Constitution of

PAGE 141

the State of Georgia or the United States."

2

REPRESENTATIVE SNOW: Okay.

3

GOVERNOR BUSBEE: Is there objection to the

4 adoption of that amendment?

5

All right, it's adopted.

6

REPRESENTATIVE SNOW: All cases involving election

7 contest, and all civil cases in which the state or one of

8 its agencies or officials is a principal party.

9

GOVERNOR BUSBEE: All right. With no objection

10 that's in.

"z
11 jc..o..r:..:

Any other substitute motion?

~ 12 ~

SPEAKER HURPHY: Yes, sir. I have no objection, I

~-- ~ copied their Paragraph II, we copied Paragraph II and I have

14 ~ no objection to the change in Paragraph II of ours the same
:z:
15 ~ as theirs where in all cases involving construction of a
cr:
::;)
16 ~ treaty, or of the Constitution of the State of Georgia or
zQ
17 = of the United States; I've got no problem with the changes

18 to that, but Paragraph I though -- Judge, could I ask you

19 a question, sir?

20

CHIEF JUSTICE JORDAN: Yes, sir.

21

SPEAKER MURPHY: Do you all not now have jurisdic-

22 tion of any case in which, any murder case where he's convicted

23 of murder?

24

CHIEF JUSTICE JORDAN: We have jurisdiction of all

25 death penalty cases and all life cases at the present time.

PAGE 142

SPEAKER MURPHY: I understand.

2

CHIEF JUSTICE JORDAN: The suggestion I would make

3 is that you put in under the exclusive appellate jurisdiction

4 of the Supreme Court the present constitution has it in your

5 Section IV which would be the general appellate jurisdiction

6 that is under otherwise provided by law so that in the future

7 the General Assembly could amend that if it saw fit.

8

SPEAKER MURPHY: In other words, what you're saying,

9 Judge -- and I don't mean to interrupt you, sir -- where I've

10 got all cases where a sentence of death was imposed which they

..11

"z
i=

had

in there,

and I

had "or could be

imposed" which

takes

8);;o...... the life sentence, you say that's under extraordinary CHIEF JUSTICE JORDAN: Tha.t should go under

! 14 Section (8) of Paragraph III which is the jurisdiction under

I-

."

J;

..15 ~ otherwise provided by law. "

;;;)

16 .~..

Your Section (1) in your Paragraph II should be

Q

17

Z :

dropped

down

in

your

Paragraph

III

to

Number

(8).

18

SPEAKER l1URPHY: I don't understand that.

19

CHIEF JUSTICE JORDAN: Let me start over.

20

At the present time in the present constitution we

21 have jurisdiction of all convictions of capital felonies.

22 You would put that under exclusive jurisdiction which in

23 the present constitution it's not under the exclusive

24 jurisdiction, it's under the second part, that is under

25 otherwise provided by law.

PAGE 143

It was my understanding, Mr. Speaker, that you were

2 attempting in your draft to leave the jurisdiction of the two

3 appellate courts substantially as it is now, or exactly.

4

SPEAKER }rrrnPHY: That is correct.

5

CHIEF JUSTICE JOP~AN: So if you do that you would

6 have to drop your Paragraph (1), Section (1) of Paragraph II.

7

You see it is not an exclusive jurisdiction

8 situation there, it's down in the other section of the

9 constitution.

10

GOVERNOR BUSBEE: Judge Beasley.

III

Z

@;;11 i= ..'o"....

JUDGE BEASLEY: That's correct, because the current

consititution says until otherwise provided by law in all

cases of conviction of a capital felony, so you're making it

! 14 more restrictive, Mr. Speaker.

t;

%

15 oll

SPEAKER MURPHY: What I did was take you all's

III

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16 ~... Article (1) in death cases and put up there and just added

Q

Z
17 : "or could be imposed" to what you all had in their exclusive

18 jurisdicition is what I did. I know what I did.

19

REPRESENTATIVE SNOW: But since we changed the other

20 provision rather extensively --

21

CHIEF JUSTICE JORDAN: What we wanted to do, Mr.

22 Speaker, and the Chief Judge of the Court of Appeals is here,

23 he and I tried to work it out so that the jurisdiction shall

24 remain substantially or exactly as it is now.

25

CHIEF JUDGE QUILLIA!~: Exactly.

PAGE 144

SPEAKER MURPHY: You see what I did --

2

CHIEF JUSTICE JORDAN: I understand what you did,

3 yes.

4

SPEAKER MURPHY: I took their Number (1), Mr.

5 Chief Justice, in all cases where the sentence of death was

6 imposed, and I added "or could be imposed" is what I added.

7

CHIEF JUSTICE JORDAN: If the Overview Committee

8 were to adopt the committee's report, then we would accept

9 that. I'm--

10

GOVERNOR BUSBEE; Is there any objection in order

to make it the same where we can expedite this just to take

(1) of Paragraph II and make it Paragraph (8) in Paragraph III,

and that's the existing law; isn't that right, Judge

Quillian?

CHIEF JUDGE QUILLIAN: That's right.

CHIEF JUSTICE JORDAN: I have no objection.

GOVERNOR BUSBEE: Both the Chief Justice and the

18 Chief Judge agree. Mr. Speaker, do you --

19

SPEAKER ~1URPHY: I've got no problem with that.

20 In other words, we're moving Paragraph (1) to Paragraph (8)

21 of Paragraph III.

22

GOVERNOR BUSBEE: That's correct.

23

A VOICE: So. moved.

24

GOVERNOR BUSBEE: Is there any objection to

25 considering Paragraphs II and III together? Any objection?

PAGE 145

If not, I'll treat your substitute motion, Mr.

2 Speaker, as to Paragraphs II and III that it be as you have

3 it except that we would change Paragraph (1) of Paragraph II

4 and move it down and make it Number (8) under Paragraph III.

5

SPEAKER MURPHY: No, sir. Paragraph II remains

6 exclusive jurisdiction, Paragraph (1) moves down and makes

7 Paragraph (8). Isn't that right?

8

GOVERNOR BUSBEE: That's correct.

9

CHIEF JUSTICE JORDAN: One other, Mr. Chairman

10

GOVEROR BUSBEE: Let me get one other thing

III
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11 I- straight,right there .

o......

g~; : j We added in the article committee's the words "or of the Constitution of the State of Georgia or of the United 14!In States." Should that be placed in the Speaker's amendment

:J:
..15 .:I if it goes out? III

:>

16 ~...

JUDGE BEASLEY: That should be exclusive .

Q

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17 ~

SPEAKER MURPHY: That stays right where it is.

18

(Pause. )

19

GOVEm~OR BUSBEE: Okay. The insert that you just

20 added, it's technical, you added it to tiLe article committee's

21 and the Speaker does have that as a part of his amendment.

22

Now, the next would be to move (1) of Paragaph II

23 and put it down as Paragraph (8) of Paragraph III.

24

Is there any other change?

25

REPRESENTATIVE SNOW: There's one other change to

PAGE 146

be made, and the Chief Justice has got that.

2

GOVERNOR BUSBEE: Wait a minute. Mr. Speaker.

3

SPEAKER MURPHY: As I understand it, Mr. Chief

4 Justice, and you check me out, all we do is move Paragraph (1)

5 or subparagraph (1) or whatever out of Roman Numeral

6 Paragraph II, whatever kind of letter that is, to the Number

7 (8) in Paragraph III.

8

CHIEF JUSTICE JORDAN: Yes, sir.

9

SPEAI~R MURPHY: That's all we're doing.

10

CHIEF JUSTICE JORDAN: Yes, sir. Then there's one

II

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'.oa"...

other

change.

@);I SPEAKER MURPHY: numbered accordingly.

The rest of them would be re-

! 14 !;; <C :I:
15 oll change.
"'":;)
16 ~... az <C 17 ::

CHIEF JUSTICE JORDAN: Yes, sir. There's one other
GOVERNOR BUSBEE: Go ahead . CHIEF JUSTICE JOP~AN: In your Section II, Sub-

18 paragraph (4) that should be deleted in order to leave the

19 jurisdiction as it is now.

20

Now, you picked that up out of the committee report,

21 but that was based on the fact that under the committee report

22 the Court of Appeals was to take the divorce and alimony

23 and some other type cases, so in order to leave the jurisdic-

24 tion as it is at present time you would need to strike your

25 Subparagraph (4).

PAGE 147

SPEAKER MURPHY: I have no problem with that. I was

2 just trying to be cooperative with the Select Committee every

3 way I could.

4

GOVERNOR BUSBEE: Is there any objection to removing

5 (4)?

6

REPRESENTATIVE SNOW: You've done well, Mr. Speaker.

7

GOVERNOR BUSBEE: The Speaker has no objection.

8 That will be deleted.

9

Is there any other objection? The motion is on the

10 Speaker's substitute, Paragraph II and Paragraph III with

11

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j:
.'o."....

the

changes

being made,

we have

an

insert

that has

just been

@ ; j read in Subparagraph (2) after the word "treaty." The other is on Subparagraph (1) of Paragraph II,

! 14 I- that that be made Paragraph (8) of Paragraph III.

III

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15 ~
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The last change is that Subparagraph (4) of

16 .~.. Paragraph II be deleted .

Q

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17 lli

That's the Speaker's motion. I think this has

18 accommodated all the expressions that have been made from the

19 floor. Is this correct, Mr. Chief Justice?

20

CHIEF JUSTICE JORDAN: Yes, sir.

21

GOVERNOR BUSBEE: Judge Quillian:

22

CHIEF JUDGE QUILLIAN: Yes, sir.

23

GOVERNOR BUSBEE: With that it seems like we have

24 the article committee overpowered here.

25

All right. Is there discussion?

PAGE 148

Hearing none, is there objection? Hearing none,

2 Paragraphs II and III of Section VI are adopted.

3

The staff will renumber acc. ordingly .

4

Paragraph IV.

5

REPRESENTATIVE SNOW: Paragraph IV, jurisdiction

6 over questions of law. The Supreme Court shall have

7 jurisdiction to answer any question of law from any state or

8 federal appellate court. I move its adoption.

9

SPEAKER MURPHY: Second.

10

GOVERNOR BUSBEE: Paragraph IV, there's a motion

I!I

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@;;II

j:
'o.."....

made

and

a

second.

Is there discussion?

Hearingnone, is there objection?

unanimously adopted.

Hearing none, it's

! 14 I-

Paragraph V.

V-cI

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REPRESENTATIVE SNOW: This allows the Supreme Court

I!I

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16 .~.. by certiorari to review cases from the Court of Appeals which

Q

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17 : are of gravity or great public import. I move its adoption,

18 Paragraph V.

19

GOVERNOR BUSBEE: It's moved and seconded.

20 Discussion? Objection?

21

Hearing none, it's adopted.

22

Paragraph VI.

23

REPRESENTATIVE SNOW: The Supreme Court decisions in

24 VI shall bind other courts as precedents. Move its adoption.

25

GOVERNOR BUSBEE: The motion is made. Second?

PAGE 149

A VOICE: Second.

2

GOVERNOR BUSBEE: Discussion? Objection?

3

Hearing none, it's adopted.

4

SPEAKER MURPHY: Mr. Governor, may I bring up another

5 question here which I didn't put in my article but I think

6 it addresses itself to the General Assembly

7

GOVERNOR BUSBEE: Proceed.

8

SPEAKER MURPHY:

as much as anything we've done.

9

You know, we passed a constitutional amendment

10 several years ago allowing us to set up a state claims court

11

"z
~
.."o.."..

to

get

us

people

in

the General Assembly

out

of

the business

@ ; j of that SectiDn V of the existing constitution on page 40. Unless I miss my guess, the Select Committee left

14 .~.. it totally out of the article, and there ought to be some-

'<"l:

:t

15 o!) thing somewhere in that article to get us out of the business

III

~ ""

16 .~.. of paying folks for their claims .

Q

Z

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17 :

SENATOR BARNES: The only trouble is the Supreme

18 Court has interpreted that provision as prohibiting the

19 constitution from changing -- the courts from changing

20 sovereign immunity, that we have reaffirmed by the creation

21 of that court sovereign immunity.

22

We could always give the superior courts the right

23 to try claims against the state by defining their jurisdiction.

24

REPRESENTATIVE SNOW: We have some language on page

25 62 dealing with sovereign irmnunity which --

PAGE 150

SPEAlillR MURPHY: That ain't in your article.

2

REPRESENTATIVE SNOW: I know that, but we can add

3 it here.

4

SPEAKER MURPHY: If it please the Chairman and this

S body, I just want to call it to the attention because we have

6 worried, sweated and fretted with this thing for 21 years

7 I've been here. We thought when we passed this we would come 8 up with a method of getting us out of the business of making, 9 passing resolutions giving John Doe $500 and Susie Que $276, 10 and --
SENATOR BARNES: We never have funded the court. We allowed it to be created, but we never have created the

court. SPEAKER MURPHY: I just want you to know that we're
fL~ing to leave it out unless something's done, and in my

opinion it ought to be in.

That's something the General Assembly ought not to

18 have to be determining. It ain't fair to me because if I've

19 got somebody in my county that got in a wreck and I say it

20 wasn't their fault, but they're coming to me and begging me

21 to get a resolution, and I'"ve got to come up here and beg arid

22 plead for it, and that ain't fair, and it ain't fair to you.

23

GOVERNOR BUSBEE: Mr. Speaker, let me just make an

24 observation.

2S

I have no objection whatsoever to what he's saying

PAGE 151

about having this claim reinserted. I do want to call -- and

2 I want to talk to the nonlawyers as well as the lawyers on

3 this -- on page 62, that last paragraph down there on

4 sovereign immunity it's my understanding is not under any

5 of these versions at this time, and I don't want us to leave

6 here tonight saying we've done anything on the judicial

7 article without us putting it in there or I couldn't support

8 the constitution, and I don't think you could either.

9

SENATOR BARNES: I could, I don't think

10

GOVERNOR BUSBEE: I know you could.

I.?

Z

11 I-

SENATOR BARNES: I don't think there ought to be

@;;.'o.".... sovereign immunity. REPRESENTATIVE SNOW:

We're recommending that this

14 ~ language be included, Governor, in Article I.

l;;

oc(

x

15 .:,

GOVERNOR BUSBEE: Just so we get to that point right

I.?

'";:)

16 ~... there .

Q

Z

17 :;

REPRESENTATIVE SNOW: The language is on page 63

18 at thetop of the page, "The sovereign immunity of the state

19 from suit is hereby expressly reserved, except to the extent

20 of any waiver or qualification of such immunity as is now or

21 may hereafter be provided by law." That will take care of the

22 state court of claims if you want to provide by law for any

23 claims, for there to be an exception to this.

24

SPEAKER 11URPHY: You could waive sovereign immunity

25 by law, too.

PAGE 152

SENATOR BAm~ES: vfuy not, if we decided to by law?

2

REPRESENTATIVE SNOW: It's hereby expressly

3 reserved.

4

SPEAKER tIDRPHY: I would say, Senator, without

5 reservation, equivocation or stuttering I hope that the only

6 time sovereign immunity ought to be waived, it ought to be in

7 a direct vote of the people of the state of Georgia. We ought

8 not to be able to do it; they ought to be able to vote their 9 sovereign immunity out if they want to. That's what they did

10 on this state court by injury of somebody hurt by a state

I-'

Z

11

j:
o..'"....

employee,

and

I

don't

think we

ought

to

have

a

right

to

@;I waive our sovereign immunity. I think that ought to be left up to the people for that right.

14 ~ I-

GOVERNOR BUSBEE: I wholeheartedly agree with the

'"

:z:

15 oil Speaker on that.

I-'

'";:)

16 .~..

REPRESENTATIVE SNOW: I would agree with the Speaker

Q

Z

17 ~ on it too, without any question about it.

18

SENATOR BARNES: The only time the people have ever

19 voted on sovereign immunity is they voted in favor of a state

20 court of claims, and we never created one pursuant to the

21 authority they gave us.

22

REPRESENTATIVE SNOW: We decided we didn't need one

23 as badly

24

SENATOR BARNES: We decided we weren't going to let

25 people recover after the people had voted overwhelmingly

PAGE 153

to allow one to be created.

2

SPEAKER MURPHY: No, sir, that's not the reason we

3 didn't do it. The reason

4

SENATOR BARNES: vIe didn't do it.

5

GOVERNOR BUSBEE: Just a minute. The question is --

6 you made a statement and I'll recognize the Speaker to respond

7 to the statement, and then I'll respond. Go ahead.

8

SPEAKER MURPHY: The reason we didn't do it is the

9 House and Senate could never agree on the method. That's the

10 reason we didn't do it because we've sent you all propositions,

CzI

11

i=
...Do:
Go

and you

all

have

sent

us

propositions,

and we

ain't

never

been

~ 12~ able to work out the difference. Ain't that right, Governor?

~J~
! 14 tIII x

GOVERNOR BUSBEE: I think the Speaker might be right. All I'm saying is you're talking about two

15 ,l) questions. I'm not talking about what you're talking about. CI D:

;;)

16 .~.. cz

When you get down to sovereign immunity, I want it

17 : spelled out in the constitution and not as provided by law

18 being waived, and I think the vast majority of this commission

19 would feel that way. If not, we're in terrible shape.

20

REPRESENTATIVE SNOW: The present constitution has

21 the language that's on page 62.

22

GOVEID~OR BUSBEE: I want sovereign immunity to be in

23 the constitution.

24

(Pause. )

25

GOVEID~OR BUSBEE: All right. If we could, Mr.

PAGE 154

Speaker, in order to proceed until the recess, in order to

2 expedite this and not go into tonight, I suggest let's

3 reserve this one question that you brought up there about

4 this claim and what the Senator is talking about and what

5 I'm talking about on sovereign immunity and proceed because

6 we're fixing to have some language drafted that needs to be

7 drafted very carefully before we bring it up for consideration.

8

Is there objection to proceeding with that under-

9 standing? If not, go to the next paragraph.

10

MR, HARRIS: Hr. Chairman.

"z
11 j:
...Ioal.l.:

GOVERNOR BUSBEE: Representative Harris.

~;I MR. HARRIS: If you go back a minute to Paragraph V which was adopted, it contains matter that no longer needs to

! 14 ... be in here when it says "or in which members of the Court of ':"r
15 Q Appeals are evenly divided," that having been covered by
"Ill:
;;)
16 ~... the paragraph that was added by the Speaker earlier as to the Q
Z
17 : appellate jurisdiction of the Supreme Court.

18

GOVEm~OR BUSBEE: Hhereabouts? ~1at paragraph

19
earlier?
20
MR. HARRIS: Page 5, Paragraph V.
21
SPEAKER MURPHY: I would agree with the gentleman.
22
GOVERNOR BUSBEE: All right. I just want to strike
23
it out of mine. You don't need Paragraph V you say?
24
HR. HARRIS: No". We don't need the last part of it
25
that says "or in which members of the Court of Appeals are

PAGE 155

evenly divided."

2

GOVERNOR BUSBEE: All right. Is there objection to

3 deletion of those words "or in which members of the Court of

4 Appeals are evenly divided" from Paragraph V, Section VI?

5

JUDGE BEASLEY: Mr. Chairman, I think they should

6 understand what we're doing here and what the effect of it is,

7 is that instead of it going by certiorari to the Supreme

8 Court it will be going automatically to the Supreme Court

9 if there's an equal division.

10

MR. HARRIS: That's what they added.

CzI 11 i=

GOVERNOR BUSBEE: That was the intention. That's

.Io.l..l..:

@;i everybody's understanding now, if there's an even division it's automatic, it's not by certiorari. Is that right?

14 ~

Okay. Is there objection to the deletion of the

I-

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IS

:t ~

words

"or

in which

the members

of

the

Court

of

Appeals

are

CI Ill: :::>
16 .~.. evenly divided"?

Q

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17 ::

Hearing none, it's deleted.

18

All right. Are you ready now with the next

19 paragraph?

20

REPRESENTATIVE SNOW: We did something on that

21 earlier. We've done so much I don't know -- This rules of

22 evidence, --

23

A VOICE: We've already voted on that.

24

REPRESENTATIVE SNOVJ: We did, didn't we?

25

(Pause. )

PAGE 156

SPEAKER MURPHY: I move we strike Paragraph VII of

2 Section V, that we have already taken this up somewhere else.

3

A VOICE: Second, Mr. Speaker.

4

A VOICE: Yeah, Paragraph V, page 3.

5

GOVERNOR BUSBEE: All right. Now, we have already

6 handled that matter. Is there objection to striking Paragraph

7 VII? Is it VII?

8

A VOICE: Seven.

9

GOVERNOR BUSBEE: I think Buck's hollering six.

10

REPRESENTATIVE BUCK: I'm sorry, you're right.

GOVERNOR BUSBEE: Thank you.

Is there objection to striking Paragraph VII on

page 5? All right. If not, it's stricken.

SPEAKER MURPHY: Now, Mr. Governor, in view of the

fact that I brought up Paragraph VIII a while ago and we

discussed it and agreed that the Supreme Court don't do it,

I move that we adopt their Paragraph VIII as Paragraph VII

18 of that article.

19

CHIEF JUSTICE JORDAN: Thank you, Mr. Speaker.

20

GOVERNOR BUSBEE: All right. Progress.

21

A VOICE: Second.

22

GOVERNOR BUSBEE: It's seconded.

23

Senator Greene.

24

SENATOR GREENE: Mr. Chairman, I have a substitute

25 motion, and that is that we adopt Paragraph VIII with this new

PAGE 157

number, I guess it will be VII, to be the same as the Speaker

2 wrote on page 3 of his version as Paragraph X which is

3 "Admission to the State Bar shall be as prescribed by law."

4

I think there is a more compelling reason after I

5 looked up the law a little bit, Mr. Speaker, than I thought

6 this morning.

7

It's presently done by stat~te, it has been done by

8 statute, at least parts of it since 1897, so it is well

9 encased in our law, and I must admit that I've not read the

10 case because I just got the citation to the case, but there's

..Czl
11 ~ a very recent case that went all the way to the Supreme Court,

o......

Q ; i a 1980 case, that the footnote says that the Supreme Court --

and this is the Supreme Court of Georgia

promulgation of

'g.?

14! rules that repeal statutes of the legislature does not

~

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..15 oll violate the separation of powers principle of federal Cl

::>

16 .~.. constitutional law .

Q

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17 :;

In other words, the U.S. Supreme Court has ruled in

18 a Georgia case that the Supreme Court of Georgia by rule and

19 regulation can repeal a statute of the General Assembly, so

20 I think it is -- at leapt that's what the case note says,

21 Judge --

22

JUDGE BEASLEY; No, it doesn't.

23

SENATOR GREENE: I haven't read the case, but it

24 would seem to me that if that's a possibility and if the case

25 note- is accurate that there is a real reason why we ought to

PAGE 158

say that we have the power to do it by statute in the

2 constitution.

3

GOVERNOR BUSBEE: Speaker Murphy.

4

SPEAKER ~ruRPHY: I think there must be some mis-

5 codification of that case, that footnote must be misleading

6 because if the Supreme Court of the United States has ruled

7 that the Supreme Court of Georgia can pass a rule that would

8 void legislation we might as well all pack our grips and go

9 home now, they don't need us any more.

10

SENATOR GREENE: Mr. Speaker, all I'm doing is

I!I

..Z
II j: reading the -- of course this is the Harrison version

and it

e;jo...... also deals with just those things dealing with the admission to the bar. I think that's a specialized case.

! 14 I'<:"zl:

GOVERNOR BUSBEE: Representative Snow.

..15 oll I!I

REPRESENTATIVE SNOW: I would urge the members of

;;)

16 ~... the General Assembly not to get involved in a situation where

Q

Z
17 :<=l we are going to have every law student in the state on the

18 doors, sitting at our door all the time wanting us to change

19 the law some way relative to admissions to the bar. That is

20

I can't think of anything that would be worse than

21 that.

22

SENATOR HOWARD: I remember when Richard Greene came

23 in and lobbied me. It was terrible.

24

GOVERNOR BUSBEE: Judge Beasley.

25

JUDGE BEASLEY: With regard to the annotation, it's

PAGE 159

certainly misleading because the Supreme Court could not

2 overrule a law; that is not correct authority. The Supreme

3 Court would have to follow the law.

4

GOVERNOR BUSBEE: Senator Stumbaugh.

5

SENATOR STUMBAUGH: Mr. Chairman, with deference

6 and respect to Representative Snow, I submit that it is our

7 job to listen to every little law student and every big law

8 student and everybody else, and that the problem is we're

9 saying that they'll have to approach the Supreme Court which

10 isn't as available as we are and there aren't as many of them,

and we need to be listening to the citizens so that we can have

as many as possible to practice law as easily and effectively

as possible.

REPRESENTATIVE SNOW: We could just pass a bill that

everybody could do it.

A VOICE: Everybody can represent themselves now.

GOVERNOR BUSBEE: Judge Beasley.

18

JUDGE BEASLEY: Perhaps we could resolve it this way.

19

\Vhat we're proposing here in this provision is

20 precisely what we have now, and we're just continuing on with

21 it that way; that's all there is. It's not changing anything.

22

SENATOR HOWARD: Move the previous question.

23

GOVERNOR BUSBEE: Mr. Speaker.

24

SPEAJZER MURPHY: Could I make a substitute sugges-

25 tion, Judge, and I would want you to approve it before I make

PAGE 160

it. Admissions to the state bar shall be as prescribed by

2 rules of the Supreme Court unless said rules of the Supreme

3 Court are expressly overriden by an act of the General Assembly

4

CHIEF JUSTICE JORDAN: Well, Hr. Speaker, we would

5 certainly prefer to leave it as it is.

6

Now, the law students don't approach the justices

7 of the Supreme Court about any question. Those questions

8 are left entirely to the Board of Bar Examiners; they give

9 the examination, they grade the papers, there is absolutely

10 no blemish or scandal in any way about it, and the only thing
11 ~"z that I could say is that the system is working and I would
.f..
~--- I12 ~ hate to see it changed in any respect. SPEAKER MURPHY: Mr. Chief Justice, I'm in total

14 )~-1 agreement with you, sir. The system is working and working
'"
:I:
15 ~ well, but the system is working and working well because the
:':">
16 ~ General Assembly requires the Bar Association people or the
Qz
17 -~ bar whatever you call them folks -- it's been forty years

18 since I took it, I forget what you call them --

19

A VOICE: The Board of Bar Examiners.

20

SPEAKER MURPHY:

to give the bar exam six months

21 bef~re they graduate from law school. That's the reason it's

22 working well. They have took it and I don't think anybody's

23 fussed with it, but if they ever change that then they're all

24 going to be on our backs again.

25

CHIEF JUSTICE JORDAN: Then I would suggest you

PAGE 161

offer a constitutional amendment at that time.

2

GOVERNOR BUSBEE: Representative Pinkston.

3

REPRESENTATIVE PINKSTON: Mr. Speaker, isn't it true

4 that the Board of Bar Exmniners have now done away coming up

5 within the next 12 months the provision of being able to take

6 the bar exam before you graduate?

7

A VOICE: No, sir.

8

SPEAKER MURPHY: I don't know about that.

9

CHIEF JUSTICE JORDAN: No, sir.

10

GOVERNOR BUSBEE: The Chief Justice says that's not

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11

~
...Ioll:
Go

correct,

Senator Pinkston

--

Representative Pinkston.

@;~ REPRESENTATIVE PINKSTON: The only thing I know is the instructios have been given to a bunch of law school

! 14 ... students where my son just graduated on June the 7th that

'-"<

J:

15 o:l the upcoming class, next year I think is the last year in

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16

~...
oz

which

you

will

be

allowed

to

take

the

bar

exam

prior

to

-<

17 : graduation.

18

It doesn't apply to my son, but that's the instruc-

19 tions that the law school students in the state have been

20 given.

21

CHIEF JUSTICE JORDAN: I know of no such rule.

22 They have not proposed that to the Supreme Court, and certainly

23 we would have to approve it before they would be authorized to

24 make that change.

25

REPRESENTATIVE PINKSTON: I think the Speaker's

PAGE 162

suggestion is excellent.

2

GOVEP~10R BUSBEE: Senator Greene.

3

SENATOR GREENE: Mr. Chairman, I would like to second

4 the Speaker's motion. I think that's good compromise language.

5

That would leave the control in the Supreme Court

6 unless we felt it got out of kilter. They would have by rule

7 and regulation control over it unless we did something

8 affirmative, and I think that's a good approach.

9

GOVEm~OR BUSBEE: Senator Howard.

10

SENATOR H01:-JARD: Mr. Chairman

" 11

z
j:

SENATOR GREENE: I second his motion.

f.'"..

@!);i CHIEF JUSTICE JORDAN: I didn't understand the Speaker made the motion.

! 14

GOVERNOR BUSBEE: Did you make the motion?

I-

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15 olI

SPEAKER MURPHY: I made the suggestion hoping the

"'"::;)

16 ~... Chief Justice would agree with me where we could avoid this

17

gQz
argument,

because

I

can

see

both

sides

gearing

up

right

now,

18 and I've tried to stay neutral as best I could in it because

19 I think the association or bar or whatever you call you folks

20 are doing a good job, but I can see Senator Greene's thinking

21 if they ever change it where they start making them graduate

22 from law school before they take it the General Assembly is

23 going to get in it with both feet.

24

SENATOR HOWARD: Mr. Chairman.

25

GOVERNOR BUSBEE: All right. From a parliamentary

PAGE 163

standpoint I had a motion by the Speaker that was seconded by

2 someone to adopt the Supreme Court shall by rule govern the

3 admission to the state bar of Georgia and the discipline of

4 attorneys.

5

Then I had a discussion between you and the Chief

6 Justice.

7

Now, if there's a substitute, somebody's got to make

8 the motion.

9

Senator Greene, do you make the motion?

10

SENATOR GREENE: I make the motion.

GOVERNOR BUSBEE: Your motion is that the Supreme

Court shall by rule govern admission to the bar and what?

1~at is your motion?

SPEAKER MURPHY: If you want to know what I said,

I'll tell him what I said.

SENATOR GREENE: Unless otherwise provided --

SPEAKER ~mRPHY: Admission to the state bar shall be

18 by rule of the Supreme Court unless otherwise prescribed by

19 act of the General Assembly.

20

SENATOR HOWARD: Mr. Chairman.

21

GOVERNOR BUSBEE: Senator Howard.

22

SENATOR HOWARD: Mr. Chairman --

23

SENATOR STUMBAUGH: I second that.

24

SENATOR HOWARD: Mr. Chairman, I would like to speak

25 out very strongly against the substitute by Senator Greene

PAGE 164

for the reason that I feel it is a terrible mistake for the

2 legislature to inject itself into this process. I think that

3 it opens itself up to abuse, and I just think that is a great 4 nistake for us to do that and I hope we will defeat Senator

5 Greene's substitute and stick with the language of the

6 proposed draft.

7

GOVEm~OR BUSBEE: All right. Is there further

8 discussion?

9

Mr. Chief Justice.

10

CHIEF JUSTICE JORDAN: I notice in the motion by

\:I

11

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j:
..o'.."..

Mr.

Speaker

that

he

did not

@j);i GOVERNOR BUSBEE: He did not move, the Speaker did not move on that. He made the original motion.

! 14 l-

CHIEF JUSTICE JORDAN: By Senator Greene that he left

V>

::I:

15 olI out the words "and the discipline of attorneys." I just

\:I

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16 ~... wondered if --

az

17 a

GOVERNOR BUSBEE: You're talking about putting that

18 in before the discipline of attorneys? Are you going to do

19 that too?

20

Now, the Senator's motion is that it be left also to

21 the legislature, both the discipline and the admission, and

22

SENATOR BARNES: Let me speak to that. Mr.

23 Chairman. Mr. Chairman.

24

GOVERNOR BUSBEE: Senator Barnes.

25

SENATOR BARNES: The public distrusts lawyers enough

PAGE 165

as it is. There is a common misconception that the General

2 Assembly is composed solely of lawyers, and if we say that

3 discipline is going to be carried on by a political body such

4 as the General Assembly we are in serious, serious trouble

S with both the public and also pragmatically. Every time the

6 what that will mean is the lawyers that are in the General

7 Assembly will not be subject to discipline by the bar because

8 they know that they can come down here and change the law,

9 and that ought not to be true.

10

GOVERNOR BUSBEE: Senator Greene. Oh, excuse me,

you've been -- Senator Greene.

SENATOR GREENE: Mr. Chairman, there was so much

carrying on over here between the courts and the judidiciary

members of the bar here, what I' intend as far as the rules

and regulations of the court and the General Assembly having

some input deals with the admission to the'bar, and I think

the discipline thing should be a separate sentence which we

18 had not broached.

19

I heard with interest the remarks by the Senator of

20 the 42nd about abuse and getting into something. Since 1897 21 the legislature has had its hands in this issue. All he 22 needs to do is look up in Title IX and he will find that to 23 be the case, and it's worked well as Chief Justice Jordan has

24 said without hint of scandal or any problem, so what in 2S essence we're saying is basically leaving the status quo, but

PAGE 166

with -~ but, Governor, because of some concerns about some

2 particular cases that the Chief Justice and others of us and

3 the Senator from the 33rd -- nobody seems to be aware of the

4 particular case -- it would just assure that it wouldn't be

5 any problem there, and so I do not intend for the discipline

6 issue to be involved in this.

7

GOVERNOR BUSBEE: It's my understanding you're talkin~

8 about existing law that in 1964 or thereabouts the Supreme

9 Court found it had the inherent power in this, and I think

10 that is the law today, and Justice Clarke is agreeing with

11 ".z.. me that that is the law.
o.'D".o..
a~; I don't know what your annotation says, but I think that's what the Supreme Court said and that's what the

! 14 ... justices say .

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15 olI

SENATOR GP~ENE: That may be a very good point as to

"'";;)

16 .~.. why we need something, just a little sentence in there that

Q

Z

17 : gives them the control over it unless they do something that

18 the people

19

GOVERNOR BUSBEE: Senator, in order to keep from

20

Would you just state your motion, then? Read it

21 like you want it.

22

SENATOR GREENE: Okay. That the Supreme Court shall

23 by rule govern the admission to the state bar of Georgia

24 unless otherwise -- I've forgotten the exact phrase.

25

GOVERNOR BUSBEE: Unless-otherwise provided by law?

PAGE 167

SENATOR GREENE: That was not the phrase we used.

2 Unless overriden by statute or by law.

3

GOVERNOR BUSBEE: Unless overridden by statute or by

4 law.

5

SENATOR GREENE: By law.

6

GOVERNOR BUSBEE: That vJOuld be unless otherwise

7 provided by law, Senator. All right.

8

And then what about the discipline? You leave that

9 dangling.

10

SENATOR GREENE: I guess the simple way to handle

I.!l

Z

11

j:
...oIll:
Go

that, Governor

--

@.2j crOVERNOR BUSBEE: The Supreme Court by rule will govern discipline of attorneys?

! 14 t;

All right, that's your motion.

:r

15 ~ discussion on it?

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16 .~..

Is there a second to that?

Q

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17 g

SENATOR STill1BAUGH: Second.

Is there further

18

GOVERNOR BUSBEE: Second by Senator Stumbaugh.

19

Now, is there further discussion?

20

All in favor of Senator Greene's amendment rise and

21 stand until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: Reverse your position.

24

(A show of hands.)

25

GOVEP~OR BUSBEE: All right. In the House the ayes

PAGE 168

are five, the nays are seven; in the Senate the ayes are seven,

2 the nays are six. The amen-dment is lost.

3

All right. Now going back to the main motion,

4 "The Supreme Court shall by rule govern admissions to the

5 state bar of Georgia and the discipline of attorneys."

6

A VOICE: So moved.

7

GOVERNOR BUSBEE: That's already been made, the

8 motion.

9

Is there objection to ordering the previous question?

10 Hearing none, all those in favor of the motion rise and stand

I:J

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11

i=
o..r:..t..:

until

you're

counted.

~;I

(A show of hands.) GOVERNOR BUSBEE: Reverse yourself.

! 14 ...

(A show of hands.)

.:"r

15 o:l

GOVERNOR BUSBEE: On the main motion the ayes in the

"r:t:
::l

16 ~... House are nine, the nays are two; in the Senate the ayes are

Q

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17 : seven, the nays are four. Paragraph VII is adopted.

18

We go now to Section VI.

19

A VOICE: I have a question, Governor.

20

SPEAKER MURPHY: VI is VII now.

21

GOVERNOR BUSBEE: We will work off the number as

22 printed, but the Speaker is right. The staff will renumber

them, but we'll work off the numbers as printed.

24

REPRESENTATIVE SNOW: If you recall at the time,

25 Governor, I moved that we retain it or keep it in the

PAGE 169

judiciary article, that we put it in the judiciary article .

.2

The Overview Committee at that time voted though

3 for it to stay in the executive article.

4

GOVERNOR BUSBEE: As I understand it, we have already

5 placed the Attorney General and the District Attorneys in the

6 executive and not in the judiciary; is that correct?

7

We have already perfected it.

8

JUDGE BEASLEY: Mr. Chairman,

9

REPRESENTATIVE SNOW: fuat I would suggest, Mr.

10 Chairman, is that we make sure, or that the staff make sure

11 5"z that all of the provisions relative to the duties and
.o.....
@;i qualifications that we've got set forth in the judicial article in these proposals are also in the executive article

! 14 so that everything will be included.

I-

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15 o!)

GOVERNOR BUSBEE: If you'll suspend just a minute

"'":::I

16 ~... we might save some time. We put this in Article V, and we've

Q

Z

<l:

17 :: got to resurrect that and make sure that it's all included,

18 so just bear with us just a minute.

19

(pause. )

20

GOVERNOR BUSBEE: The Speaker says he wants to check

21 and make sure that in Section V we have all of this, and he

22 suggests that we skip the Attorney General and proceed and we

23 can come back in the catch-all on Wednesday.

24

Is there objection to doing that? Hearing none,

25 we'll do that.

PAGE 170

REPRESENTATIVE SNOW: I think the same holds true --

2

GOVERNOR BUSBEE: It would be the same thing on the

3 Attorney General and on DA's we're supposed to have covered in

4 Article V, so what we're going to do is pass over that at this

5 time, and if there's some change that has to be made we'll

6 corne back in the catch-all on Wednesday to do that.

7

(Pause.)

8

GOVERNOR BUSBEE: Let me ask staff one thing. Mel,

9 give me the one-page amendment the Speaker had.

10

SPEAKER MURPHY: Here it is right here.

"z
11 j:

(Pause. )

.'o."....

~;i GOVERNOR BUSBEE: Mel, I'm sitting here waiting. We don't have copies of the Speaker's amendment on the single

! 14 page. t; :I: 15 olI

Could you give us some of them? I can't read it from here.

"'";;)

16 .~..

A VOICE: vfuat are you looking for?

Qz

17 :

GOVEP~OR BUSBEE: It says right here Murphy

18 Amendments, it's a single page, it starts off by adding at fue

19 end of Article VI, Section I, Paragraph I the following,

20 "Juvenile courts will continue as now or hereafter prescribed

21 by law." He have already worked that out, that has nothing to

22 do with it.

23

Under that it has what we're going to be talking

24 about.

25

(Pause.)

PAGE 171

GOVERNOR BUSBEE: Representative Snow, do you want

2 to explain Paragraph I of the article committee's recommenda-

3 tion?

4

REPRESENTATIVE SNOW: All right. That's where all

5 judges shall be elected on a nonpartisan basis for a term of

6 six years beginning the next January the 1st after their

7 election, and then we provide however that judges of the courts

8 of limited jurisdiction may by law be elected, or they may be

9 appointed from nominees certified as qualified by a judicial

10 nominations commission or commissions, and may be law be

CzI

11

j:
Ill:

given

shorter

terms.

9 ; ;.2.. Now, this area on line 18 where we say "or may be appointed," we have already made that moot as far as the

14 ~~ probate courts are concerned because we have placed the

':"r:

15 olI probate courts in Article IX as an elected four-year term,

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16 .~.. so they are not affected by this .

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17 :

And I just would suggest we take out the \tJ'ords "or

18 may be appointed" so that Tile would then have language that would

19 allow the the appointment only of your magist~ate courts

20 either by election or appointment of the magristrate courts

21 and the juvenile courts.

22

I think we ought to leave that option open in the

23 constitution where they can be appointed or elected as provided

24 by law.

25

SENATOR BARNES: Some small claims judges are

PAGE 172

appointed now.

2

REPRESENTATIVE SNOW: Some of them are appointed

3 now. It would be left up to law as to whether they be elected 4 or appointed.

5

SENATOR BARNES: They are presently appointed.

6 Some are

7

GOVERNOR BUSBEE: Senator Barnes, go ahead.

8

SENATOR BARNES: There are some local constitutional

9 amendments that appoint JP~s, allows the appointment of JP's

10 in certain cases, so if you don't allow some appointments

11

"z
c.oj...r:.:.

you're

going

to

take

out

what

you've

got

now.

@);i

GOVERNOR BUSBEE: Judge Beasley. JUDGE BEASLEY: The point is that we want to give

! 14 ti the authority to the General Assembly to decide how best to

~:z:

15 olI select the limited jurisdiction judges; that is in the

"cr:
~

16 .~.. juvenile courts and in'the magistrate's courts .

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Z

~

17 :

If you feel that after we get the system goi~g or as

18 we're going that you would rather have them appointed rather

19 than elected, you can do that. If you want them elected, you

20 can do it that way. The idea is flexibility with the final

21 decision being made by the General Assembly, and all this

22 does is give you the options, all possible options are left

23 up to the General Assembly rather than being set in concrete

24 in the constitution.

25

GOVERNOR BUSBEE: Let me ask a question.

PAGE 173

Representative Snow, I have got your printed

2 proposal, now give me your oral proposal again. You wanted to

3 strike out something?

4

REPRESENTATIVE SNOW: The oral proposal is to strike

5 out on line 18 "or may be appointed," and then --

6

GOVERNOR BUSBEE: Then you would have them elected

7 from nominees from the Judicial Qualifications Commission?

8

REPRESENTATIVE SNOW: That would be your state court

9 judges and your probate judges, except that the magistrate

10 court judges and juvenile court judges may by law be elected

or may be appointed.

SENATOR BARNES: Mr. Chairman.

GOVERNOR BUSBEE: Senator Barnes.

SENATOR BARNES: If "iile do not allow some appointed

judges, will not juvenile judges be required to be elected?

That's the only question I have.

REPRESENTATIVE SNOW: Yes.

18

SPEAKER MURPHY: Can I say what I've'got to say now?

19

GOVERNOR BUSBEE: Speaker Murphy.

20

SPEAKER lIDRPHY: This one I've got here, I said all

21 judges shall be elected on a nonpartisan basis for a term of

22 four years, except the Justices of the Supreme Court and the

23 Judges of the Court of Appeals shall be elected on a non-

24 partisan basis for a term of six years. The terms of all

25 judges thus selected shall begin the next January 1 after

PAGE 174

their election. All juvenile judges shall continue to be

2 selected in the manner they were selected upon the adoption

3 of this constitution and until otherwise provided by law.

4

SENATOR BA~~ES: So the small claims judges that are

5 appointed by grand juries would have to now run for election.

6

SPEAKER MURPHY: That's correct.

7

SENATOR BARNES: You don't have any small claims

8 after this constitution is adopted anyhow, they're gone, they

9 become magistrate judges.

10

REPRESENTATIVE SNOW: That's the problem, they're

I:J

II

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;:

continued,

so you would have

those who

are

presently being

...o01:
II.

~~r:j appointed then having to -- we would require them to be

elected subsequently, so I urge you to keep it optional.

14!

8PEAlCER MURPHY: Yours didn't keep it optional.

I-

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15 .:

JUDGE BEASELY: The proposal as originally proposed

I:J

01:

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16 ~... leaves it optional up to the General Assembly to decide .

Qz

17 ~

GOVERNOR BUSBEE: But you've stricken the words

18 "may be appointed."

19

REPRESENTATIVE SNOW: I was only taking that out as i

20 affects the probate courts and the state courts, so they would

21 be elected.

22

The probate courts, we have already handled that in

23 Article IX, we have provided they shall be elected for four-

24 year terms. They are county officials listed in Article IX,

25 and that would only leave the state court judges that ought to

PAGE 175

be elected and not have the option, but the option should be

2 left for the magistrates and the juvenile court judges.

3

GOVERNOR BUSBEE: Senator Holloway.

4

SENATOR HOLLOWAY: I'm a little confused about this

5 flexibility. I don't understand in the absence of local

6 constitutional amendments how we can pass a general law that

7 would give us the flexibility. How would you do it, by

8 population brackets or what? That wouldn't be much flexibility.

9

GOVERNOR BUSBEE: Representative Snow, do you want to

10 answer that?

"z
11 ~
9);1o..'".... this.

REPRESENTATIVE SNOW: I'm sorry, I was looking at GOVERNOR BUSBEE: Restate your question.

14 .~..

SENATOR HOLLOWAY: You stressed the point that your

'"

15

:I:
~

submission

is

to

lend flexbility.,

I don I t understand in the

"'=">
16 .~.. absence of constitutional amendments how we can write a general

Q

17

Z :

law

that

would

give

us

that

flexibility

treating

it

differently

18 in the different spots allover unless you do it by population

19 bill, 'or what have you got in mind?

20

REPRESENTATIVE SNOW: It would have to be a general

21 law where it would fill our needs, whatever we needed. We

22 have the option under the proposal, the paragraph we have

23 already passed, that there shall be at least one magistrate

24 in each county.

25

We may need a dozen magistrates in some counties;

PAGE 176

in other counties you may not really need one, but you're

2 going to have at least one, so there has to be the flexibility 3 in the general law that allows that, and also as to how you're 4 going to select that person in your county.

5

In a small county it might be very difficult to get

6 somebody who is really qualified for it to appoint -- I mean

7 to run in an election, but it might be quite easy for a grand

8 jury or someone else to appoint someone to work on a part-

9 time basis as a magistrate.

10

SPEAKER MURPHY: That's a good suggestion; Mr. Buck

11 "~z has got a good suggestion.

o......

~;j

GOVERNOR BUSBEE: Le t 's hear it. SPEAKER 11URPHY: He says in mine strike the word

14 ~~ "juvenile" and say all other, put the word "other," "all
<III
:r
15 : other judges shall continue to be selected infue manner they
rr:
;)
16 ~CD were selected before the adoption of this constitution
Qz <
17: as otherwise provided by law."

18

That would give you the right to appoint them if you

19 want, or elect them if you want.

20

GOVERNOR BUSBEE: Judge Beasley.

21

JUDGE BEASLEY: Well, the only problem with that is

22 then we completely get rid of the idea of uniformity. The 23 idea here was that the judges would be selected on a uniform 24 basis, you wouldn't have different geographical selections, 25 but that the selection method itself whether you're talking

PAGE 177

about juvenile judges or probate judges or state court

2 judges would be set by the legislature, so that if the

3 legislature decided that all magistrates should be appointed,

4 then all magistrates should be appointed.

5

Since we are making quite a large change in this

6 lower level court, we thought that it would be better to leave

7 it up you as we proposed the implementing legislation to see

8 whether you want to appoint them by commission process like

9 we now have under the Governor or whether you want to elect

10 them, and then change it if you don't like it without the
~ z
11 ~ necessity of a constitutional amendment, and that would leave
o
w~
12 ~ that kiIld of flexibility up to the General Assembly, so the
~--- ~ only ones that would come out would be the probate, and we

14 ~ would simply read it this way:

~

~

4

15 ~

All judges shall be elected on a nonpartisan

~

~

~

16 ~

basis for a term of six years beginning the next

zQ

~

17 ~

January 1st after their election; provided, however,

18

that judges of magistrate and juvenile courts may by

19

law be elected or may be appointed from nominees

20

certified as qualified by a judicial nominating

21

comnission or commissions and may by law be given

22

shorter terms,

23 so that you could make their teres as magistrates and juvenile

24 court judges lower than six, and you could have them appointed

25 if you wish, or you could have them nominated and set up a

PAGE 178

nominating commission process by law, so that just gives you

2 all the options in the constitution rather than trying to

3 decide at this juncture which way judges should be selected,

4 and it will make it available to change in the future if you

5 don't like what you -- the method of selection that you

6 proposed by law to begin with.

7

GOVERNOR BUSBEE: Mr. Speaker.

8

SPEAKER MURPHY: Could I make another suggestion,

9 sl.r.?

10

GOVERNOR BUSBEE: Yes.

1:1

Z

11 ~

SPEAKER MURPHY: Take the amendment I've got, go up

.o..

@ - ~12 ~ there at the top, it says all superior court judges and all state court judges shall be elected on a nonpartisan basis

14 ~ for a term of four years. All the justices of the Supreme en :<zC:
15 ~ Court and the judges of the Court of Appeals shall be elected 1a::1 ;;)
16 ~ on a nonpartisan basis for a term of six years. The terms of
z
<C
17 : all judges thus selected shall begin the next January 1 after

18 their election. All other judges, which would include

19 magistrates and juvenile court judges then shall continue to

20 be selected in the manner they were selected upon the

21 adoption of the constitution or until otherwise provided by

22 law. Then the General Assembly can come back and provide

23 whether they want to appoint them or elect them.

24

That way they would all continue until their term

25 expired, and we could determine whether they wanted to appoint

PAGE 179

them or elect them.

2

GOVERNOR BUSBEE: The parliamentary procedure there,

3 you have made a substitute, you're offering this now as your

4 substitute, the language the Speaker just read.

5

Is there a second?

6

A VOICE: Question.

7

GOVERNOR BUSBEE: I've got to get a second. Is there

8 a second?

9

A VOICE: Seconded.

10

GOVERNOR BUSBEE: All right. There's a second.

..l:I

11

Z j:

Now,

then,

Representative

Burruss.

..o....

@;I REPRESENTATIVE BURRUSS: Mr. Chairman, I move we strike the word "nonpartisan basis." Let's see --"on a non-

! 14 ... partisan basis," four words need to be stricken in two

'"<l(
:z:

.15 .:I different places. l:I

~

16 .~..

A VOICE: On the Murphy motion .

Q

Z

<l(

17 :

GOVERNOR BUSBEE: The motion by Representative

18 Burruss is we take the Speaker's substitute as he has just

19 read it and we strike the words "on a nonpartisan basis" so

20 that it will be "All judges shall be elected for a term of

21 four years," and it be done in both places.

22

A VOICE: Seconded.

23

SENATOR BARNES: Let me speak to that.

24

GOVERNOR BUSBEE: Senator Barnes.

25

SENATOR BARNES: I hate to disagree with my fellow

PAGE 180

Cobb Countian, but --

2

REPRESENTATIVE BURRUSS: We don't ever agree.

3

SENATOR BARNES: Well, in DeKalb County they have

4 had two turnovers of judges in the superior court out there,

5 one in a Democractic sweep and one in a Republican sweep.

6 We have had the same thing in Cobb County, and it's not right

7 that a fellow runs in a county as a Republican, they can't

8 make the -- well, I won't say that he's not judged on his

9 qualifications, but just because Herman Talmadge gets beat

10 ., by 71 percent in the county he gets elected judge of the

11

z i=

superior

court.

'o.."....

~;j We don't allow-- we have put judges under -- the Judicial Qualifications Commission has ruled that they can't

! 14 ...... even politic, can't go to anyone else's fund-raisers, can't

15

~:z:
.,01)

go

to

another

--

can't

go

to

a

political

meeting

in

which

16

'";:) ~...

there

is

any other candidate present,

it's

just not

Q

Z

17 g~

SENATOR LITTLEFIELD: Mr. Chairman.

18

GOVERNOR BUSBEE: Senator Littlefield.

19

SENATOR LITTLEFIELD: I would disagree with

20 Representative Burruss' proposal as well for the simple

21 reason that right now the Judicial Qualifications Commission,

22 the people who propose the rules for standards of conduct for

23 the judges cannot by law -- since we are running on a

24 Democratic and a Republican party cannot by law control this,

25 and I think the real problem that we've got is that you have

PAGE 181

closet Republicans or Democrats in a lot of these non-

2 partisan elections that nonetheless go to these partisan

3 functions and have the parties send out leaflets for them.

4

Now, if we put in the constitution that they are

5 nonpartisan I think that the Supreme Court could pass a rule

6 that says that this kind of leaflet and this kind of outside

7 activity on behalf of either party for a judge is proscribed

8 which would really take politics, the Democrat and Republican

9 politics out of electing the judges.

10

GOVERNOR BUSBEE: All right. Representative Burruss.

"z

11 ~

REPRESENTATIVE BURRUSS: Hr. Chairman, Senator

o...

~--- I12 ~ Barnes' argument against this is really an argument for it. All other officeholders that got caught in the Talmadge-

14 ~ Mattingly sweep that were Democrats got shoved out too, and
'<:z"l:
15 ~ if we're going to have a two-party system I think we need to
"IX
::>
16 ~ have it especially at the top of the ladder with the judges,
zQ
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17 : and I strongly urge all of you to vote to take out this non-

18 partisan provision.

19

GOVERNOR BUSBEE: Senator Barnes.

20

SENATOR BARNES: One last thing. Let me tell you

21 the difference between all other politicians and judges is

22 we have the Judicial Qualifications Commission that says that

23 they can't even go to the Jefferson-Jackson Day dinner and

24 you don~t let them politic, it's built into the political

25 system and then you expect them to run on a partisan basis.

PAGE 182

GOVERNOR BUSBEE: All right. Is there further

2 discussion on the amendment that would do away with non-

3 p~rtisan basis and have them run on a party basis?

4

REPRESENTATIVE BURRUSS: Mr. Chairman, is it not

5 true that we could correct the problem Senator Barnes mentioned

6 if the Judicial Council would use a little cornmon sense and

7 accept the fact that all judges are going to politic until

8 they die just like all of us are, and we could correct that

9 problem there.

10

III

11

Z j:

@/);;.'.o"....

SPEAKER MURPHY: Let me be heard on that. GOVERNOR BUSBEE: Mr. Speaker. SPEAKER }illRPHY: Judge, you go ahead. JUDGE BEASLEY: It's really not a matter that can be

! 14 ...... dealt with by rule at all, because what you're talking about

15

i s ~:c
01)

the Code of Judicial Conduct,

the

ethics

of a

judge,

and

III
'";;)

16 ~... regardless of what the rule says we cannot politic in that

Q

Z

17

~
:

and

we

are

subject

to

discipline

regardless

of

whether

it's

18 in that form or not.

19

The whole idea is that the judge is supposed to be

20 impartial and independent of one political party's support,

21 so we would not be able to do it anyway really if we're going

22 to adhere to the underlying fundamentals of the judicial

23 profession in the country as exist at this time.

24

GOVERNOR BUSBEE: Mr. Speaker.

25

SPEAKER nURPHY: Governor, members of the conunittee,

PAGE 183

there has in the past never been a more vocal or stronger

2 advocate for partisan elections of judges than me. I fought

3 for it as long and hard as I could.

4

I have seen some things in the last eight years that

5 I hope maybe with a little bit of age has made me acquire

6 some semblance of a little bit of moderation in my view, but

7 I believe very strongly -- and I want you to listen to me

8 very patiently because it's going to take me a little while

9 the courts are the only bar that we have between us and

10 anarchy, and it is mandatory, and as our civilization

11

"z
oi..r=..r..:

proceeds

it

is

becoming more

and more mandatory

that we

have

@;I impartial people up there not allowing any political party or anybody else except for the Lady Justice herself.

14 ~I

That is the reason I have changed my mind. I believe

'<"l

::t
15 0:1 very strongly that now that we would be much better off with

"rr:
::I

16 .~.. nonpartisan elections because I have seen incompetent judges,

17

gQz
and God

forbid

I

would hurt

anybody's

feelings,

but

I

have

seen

18 incompetent judges elected because they were Democrats, and

19 I have seen incompetent judges elected because they were

20 Republicans, and that is just wrong.

21

SENATOR BARNES: Amen.

22

GOVERNOR BUSBEE: Representative Burruss.

23

REPRESENTATIVE BURRUSS: Hr. Chairman, is it not

24 true that the Supreme Court of this land is the U.S. Supreme

25 Court, and is it not further true that every time we have

PAGE 184

a change of party in the '~ite House that the appointees

2 become Democrats or Republicans?

3

SENATOR BARNES: If you appoint --

4

GOVERNOR BUSBEE: I'll say the Supreme Court of the

5 United States has become the Supreme Court of the land,

6 including the states, and we're trying to correct it.

7

REPRESENTATIVE BURRUSS: But is it not that

8

GOVERNOR BUSBEE: I don't know, I'm not going to get

9 in an argument.

10

REPRESENTATIVE BURRUSS: Is it not true that when

zCI

11

~
."f.'.

the

Democrats

win

the

Supreme

Court

appointees

become

~;i Democrats, and when the Republicans win they become Republicans?

14 !...

GOVERNOR BUSBEE: I'll answer your question the best

'~z":

15 olI I can if that's a parliamentary inquiry, but remaining

CI

"~'

16 .~.. completely nonpartisan in the debate that you have I think

Q

Z

~

17 : the Speaker is imminently correct.

18

SPEAKER MURPHY: May I take it one step further?

19

GOVERNOR BUSBEE: Yes, sir.

20

SPEAKER l~HY: These incompetent judges that I have

21 seen elected have been riding the coattails of some popular

22 political figure in one or the other party, and it has

23
saddled two or three counties in this state, and I'm not going
24
to call any of their names because I have to practice law
25
in some of the -- I mean some of the courts, but it has

PAGE 185

saddled them with some of the most incompetent folks that's

2 ever been -- some of them, honest to God, I believe their

3 wives have to point out the court house to them in the morning

4 before they can go to get there, and I just think we

5 don't need to elect judges based on a political party, we

6 need to elect them based on their knowledge of the law and

7 their ability to serve the people of this state.

8

I'm sorry that me and my good friend Mr. Burruss

9 disagree, but I feel as strongly now this way as I used to

10 the other way.

GOVERNOR BUSBEE: All right.

SENATOR HOLLOWAY: Previous question.

GOVERNOR BUSBEE: Representative Burruss.

REPRESENTATIVE BURRUSS: Give me the mechanics of

how the election would be held. Would the judges only run

in the general election?

SPEAKER lillRPHY: No, sir. There would have to be a

18 separate place on the ballot for the judges to be elected in

19 the general election. They would only run in the general

20 election, that is correct.

21

GOVERNOR BUSBEE: That would not be in a primary, it

22 would be as set by the legislature, but it would not be under

23 the block where you could check Democrat or Republican and

24 sweep them in or out.

25

REPRESENTATIVE BURRUSS: You don't get but one shot

PAGE 186

at a judge, then.

2

GOVERNOR BUSBEE: There ain't but one judge to shoot.

3

REPRESENTATIVE BURRUSS: If he runs in the primary

4 you've got a shot at him both ways.

5

GOVERNOR BUSBEE: All right. Is there objection to

6 ordering the previous question?

7

Hearing none, the previous question is ordered on

8 the amendment to remove the nonpartisan election, Mr. Burruss'

9 amendment.

10

All those in favor of Mr. Burruss' amendment rise and

11

"z
i=
.."o.."..

stand

until

you're

counted.

~;j

(A show 6f hands.) GOVERNOR BUSBEE: All opposed.

14 !...

(A show of hands.)

':~z":

15 ~

GOVERNOR BUSBEE: All right. In the House the ayes

":":>"
16 .~.. are five, the nays are nine; in the Senate the ayes are two,

zo

~
17 : the nays are eight. The amendment is lost.

18

All right. Now we go back to the substitute the

19 Speaker had with the amendments that we've read. Do we need

20 to go back through that again?

21

VOICES: No.

22

GOVERNOR BUSBEE: Are you ready for the previous

23 question?

24

All right. Judge Beasley.

25

JUDGE BEASLEY: I would like to comment if I might

PAGE 187

and explain why we provided for six-year terms rather than

2 four.

3

Number one, there are many judges in the state that

4 already have six-year tenns, and as you know the Fulton

5 superior court have eight-year terms, but in studying the

6 positions by the states it is much more common to have six

7 years or more.

8

You have to remember that judges occupy different

9 positions than elected representatives of the people in that

10 they are supposed to be removed more from the whole political

z~
11 ~ process and from the pressures of the ongoing things that
o
~
~--- i12 ~ happen in the community, and in order to have the best qualified people as judges in the state you ought to consider

14

~
~

a

six-year

term

which

will

be

more

likely

to

attract

the

most

~

%

15 Q qualified people who have to you remember give up ordinarily

~

~

16 m~ ~ much more lucrative practices to become a judge, and there

Qz

~

17 : are many of your judges who would not now stay with a four-year

18 term or qualified attorneys who would give up their law

19 practice for a four-year term, particularly in view of the

20 level of salary that we are able to afford for them.

21

In addition to attracting more qualified people for

22 the job, you need to give judges that degree of security for

23 their job that is necessary for them to exercise that

24 independence which they must have from the political process.

25

And also you know it has been experimented with in

PAGE 188

Fulton County to have an eight-year term, and that has not had

2 any bad repercussions that anybody has mentioned, so it seems

3 that going to a six-year term would be much fairer to the

4 people of the state because they would thereby have a chance

5 at better qualified judges, and if you want to upgrade the

6 judiciary of the state you should go to a six-year term

7 equalized throughout the state.

8

Of course, this does not prevent your making a

9 shorter term for anybody that would be below the state court

10 level, so that you could make a shorter term for magistrates

III

11

Z
i=

if

you

desired

to

do

so

by

law,

and

also

for

juvenile

court

'2"

III

~;j judges if you desired to do so by law, and your Article Number IX already provides for four-year terms for probate

14 ~ judges.

$
z:
15 ~

GOVERNOR BUSBEE: All right. In order to clarify

III
16 ~:'"J what you're voting on -- you know there was a lot of

III
aQz
17 suggestions made on the Murphy amendment, and he incorporated

18 those in his main motion with the substitute.

19

I'll read you what we'll be voting on. The question

20 is that all Supreme Court -- I can't read his writing -- all

21 Superior Court and State Court judges shall be elected on a

22 nonpartisan basis for a term of four years. All Justices of

23 the Supreme Court and the Judges of the Court of Appeals shall

24 be elected on a nonpartisan basis for a term of six years.

25 The terms of all judges thus elected shall begin the next

PAGE 189

January 1st after their election. All other judges shall

2 continue to be selected in the manner they were selected upon

3 the adoption of the constitution and until otherwise provided

4 by law.

5

That is the way it now reads. Now we'll suspend just

6 a minute.

7

(Pause. )

8

SPEAKER MURPHY: Mr. Barnes has suggested that where

9 we said all other judges shall continue to be selected in

10 the manner, 'that ,.;re add "and for the term." I have no problem

11 "z~ with that. I think either way takes care of it myself, but

@~ ;i~f... I've got no objection to that.

GOVERNOR BUSBEE: We need to take just a moment.

14
I-

(Pause. )

':<"zl::

15 .:)
":D:C

GOVEro~OR BUSBEE: All right. If you'll pick this up

16 .~.. again, you have a technical correction that needs to be made

Cl

Z

<l:

17 : and --

18

SPEAKER lfURPHY: Governor, let me ask one question.

19

GOVERNOR BUSBEE: Mr. Speaker.

20

SPEAKER tITffiPHY: Judge, you and the Chief Justice,

21 will you listen to me a minute?

22

They're getting on me up here about this is doing awa.r

23 with the uniformity of the election of our judges. Hy thoughts

24 is that where we provide that all other judges shall continue

25 to be elected on whatever date this constitution is until

PAGE 190

otherwise provided by law means that when we come back to

2 provide by law we can provide a uniform method of selecting

3 all those judges instead of having to decide the issue today

4 whether we're going to appoint the judge in Coweta County

5 and elect the one in Polk County where we can do it on a

6 uniform basis by statute. Am I not right there?

7

CHIEF JUSTICE JORDAN: If I understand your question

8 I think you are, Mr. Speaker.

9

SPEAKER l~uRPHY: I tried awful hard.

10

GOVERNOR BUSBEE: Judge Beasley.

~ z

11 ~

JUDGE BEASLEY: I would like to point out that we

o

~

~

~

12 ~ have tried to take care of all of these changes in the last

~--- ~ section with regard to transiti6n, and we have already

14 ~ provided that from and after July 1st, 1984 or 1983
~
~z
15 ~ Article VI shall govern the judicial branch, but notwith~ ~ !~
16 standing the provisions of Article VI or of the laws affecting
Qz
17 =~ the same, each judge holding office on that date shall continue

18 in office until the expiration of the term of office as the

19 judge of a court having the same or similar jurisdiction,

20 except of course superior court judges then incumbent of

21 eight-year terms shall be eligible for election to eight-year

22 terms and so forth.

23

You can read it, it's the last section. It's

~ already provided for, and if you put something that's slightly

25 different in another section it is going to make it nonuniform

PAGE 191

because.ifthe General Assembly does not act with regard to

2 the selection method, then you are going to have nonuniform

3 selection of judges, and it will be inconsistent with the

4 uniformity provision that you have already adopted.

5

SPEAKER MURPHY: Judge, I think the purpose of that

6 section -- and far be it from me, a mere lawyer to argue with

7 a judge, but I think the purpose of this section i$ to make

8 those judges which have got some other name other than state 9 court and magistrate to make them that, and that this section

10 here is altogether for us to become uniform when we get back

11

"z
j:
2.'"..

to

this

selection

to make

them uniform

then which we

can't

do

@ ; j now without deciding whether the judge in this county is going to be appointed, or the judge in this county is going to be

! 14 elected and we're going to have a battle as to which way

~:z:

15 .: we're going. The only way we can do that is by statute.

"'";;)

16 .~..

Does either one of you judges over there disagree

oz

17 ::; with me?

18

I've done more law practice today and yesterday than

19 I have in ten years.

20

REPRESENTATIVE SNOW: You'll be well experienced

21 when you get back into court.

22

GOVERNOR BUSBEE: Let me give you a technical

23 correction the Speaker agreed to on his version. I have

24 just read this in its entirety.

25

You go to the last sentence where itsays all other

PAGE 192

judges shall continuem be selected in the manner they were

2 selected, and you change that to read on June 30th, 1983,

3 and until otherwise provided by law, comma, except that all

4 such elections shall be on a nonpartisan basis. He

5 incoprorates that as a part of his motion.

6

The reason for June 30th is that's when the effective

7 date in 1983 will be, and not upon the adoption of the

8 constitution.

9

Is there objection to including that in the substitut ?

10 If not, it's included in the substitute motion.

"z

11 .oic.=..o..:

All right. Now we vote first on the substitute.

@);i Is there any objection to ordering the previous question? Hearingrone, all in favor of the substitute rise and

14 t;I stand until you're counted.

:~r

15 olI

(A show of hands.)

"co:
;)

16 .~..

GOVERNOR BUSBEE: Reverse your positions .

Q

Z

~

17 ::

(A show of hands.)

18

eOVERNOR BUSBEE: In the House the ayes are 13, the

19 nays are one; in the Senate the ayes are nine, the nays are

20 zero. The substitute is adopted.

21

Paragraph II, qualifications.

22

REPRESENTATIVE SNOW: All right. On qualifications

23 it provides that -- all this is where you have your provisions

24 relative to all judges shall be attorneys other than those who

25 are magistrates or probate court judges, and they shall have

PAGE 193

been admitted to practice before the Supreme Court for seven

2 years to be qualified for the judgeships other than the

3' magistrate and the probate courts. Those judges ~lho have

4 not been admitted to practice in the Supreme Court who shall

S have completed periodic judicial training as prescribed by

6 the rules of the Supreme Court as a condition of holding

7 office, that is a provision there that would be for those

8 who are magistrate or probate courts or other judges other

9 than those who are admitted to practice law.

10

All judges shall reside in the geographical area for

11

CzI
j:

which

they

are

selected

to

serve.

No judge shall engage in

.'o."....

@;I the practice of law. MR. llARRIS: Are you going to address that Supreme

! 14 Court business?

I-
'<"l

:I:

15 oll

REPRESENTATIVE SNOW:. Yes. We do have an alternative

CI
:'"J 16 .~.. relative to the Supreme Court which would provide that no

Q

Z

17 g<l judge -- that all judges except those of the magistrate or

18 the probate court shall have been admitted to practice law,

19 cOllIDla, and then T"ve would take out, strike the words "in the

20 Supreme Court for seven years."

21

The problem we ran into here after a considerable

22 amount of discussion is there are a lot of folks who really

23 do not get admitted to practice before the Supreme Court

24 possibly for two or three years after they've been practicing,

2S so it would be rather blatantly unfair to require them if they

PAGE 194

been practicing for ten years and have never been before the

2 Supreme Court and been admitted to practice, say they would

3 not be qualified to be judges.

4

GOVERNOR BUSBEE: Suspend for a minute. I'm going

5 to have to let them write out the proposal where at least the

6 Chair will know what we have.

7

(Pause.)

8

GOVERNOR BUSBEE: All right, we can proceed.

9 Everybody pick up the long sheet where I can give you what

10 Mr. Snow's motion is.

"z
11 I-

Representative Snow, if you'll listen --

.0.o..<..

~~;I REPRESENTATIVE SNOW: Let me -- Okay. Go ahead. GOVERNOR BUSBEE: I've just got to get something in 14 >I- w.rl. tlng where we can proceed .

I-

."

:r
IS ~

All right. If you've got something to say, say it,

"0<
~
16 ~1Il but I would like to see if I have your motion. Do you want me

az
17

to read what I have?

18
REPRESENTATIVE SNOW: Yes, sir.

19
GOVERNOR BUSBEE: All judges except thos of

20
magistrate or probate courts shall have been

21
admitted to practice -- strike out the words

22
"in the Supreme Court for seven years," insert

23
the word "law," semicolon, appellate and superior

24
court judges for seven years, and say and juvenile

25
court judges for five yearR, semicolon, those

PAGE 195

judges who have not been admitted to practice

2

strike out the words "in the Supreme Court," and

3

write "law" for the required period, strike out

4

the words "in the Supreme Court," in place of that

5

you write "law" for the required period.

6

It would then read as written: All judges

7 except those of magistrate or probate courts shall have been

8 admitted to practice law; appellant and superior court judges

9 for seven years, and state and juvenile court judges for

10 five years; those judges who have not been admitted to

practice law for the required period shall complete periodic

judicial training as prescribed by Supreme Court rules as a

condition of holding office. All judges shall reside in the

geographic area for which they are aaected to serve. No

judge shall engage in the practice of law.

All right. Is that the motion? Is there a second?

A VOICE: Seconded.

18

GOVERNOR BUSBEE: There is a second. Now discussion.

19 Hr. Speaker.

20

SPEAKER MURPHY: I would like to make a substitute

21 motion that we use that language, but we strike where it says

22 judicial training as prescribed by the Supreme Court, change

23 that to as prescribed by law, and strike the last sentence

24 "No judge shall engage in the practice of law" because we're

25 going to lose a lot of good state court judges if we leave

PAGE 196

that in.

2

GOVERNOR BUSBEE: All right.

3

REPRESENTATIVE SNOrl: Could I make a --

4

GOVERNOR BUSBEE: Let me ask this. Can I treat that

5 separately?

6

First you've got two motions. I think the motion is

7 to amend rather than substitute. Is that all right?

8

The first motion to amend is for those judges that

9 have not had that training, it says shall complete periodic

10 judicial training as prescribed by the Supreme Court rule;

11 "~ the Speaker's first amendment would be to strike Supreme

2

~ 12 ~ Court rule and for those to have to have judicial training

- I ~

as prescribed by law as a condition of holding office.

14 ~...

That's your motion; is that correct?

':<"Cr
15 ~

SPEAKER MURPHY: Yes.

"'":;)

16 ~

GOVERNOR BUSBEE: All right. On that first motion

aQz
17 is there a second?

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: All right, there's a second.

20 Discussion. Representative Pinkston.

21

REPRESENTATIVE PINKSTON: Question, Mr. Chairman.

22

GOVEffi~OR BUSBEE: State your question.

23

REPRESENTATIVE PINKSTON: Isn't it true that when

24 you have prescribed under the first part of the amended version

25 the requirement for seven years practice of law and five years

PAGE 197

practice of law for certain categories, then you come along

2 and say you take judicial training for those who have not had

3 that requirement, you are allowing people to run for that

4 office who do not have the requirement and take the training

5 after they're elected. Now, that just violates the intention

6 of it to me.

7

SPEAKER MURPHY: No, no.

8

REPRESENTATIVE PINKSTON: The way it's written --

9 read and it explain it to me, then.

10

GOVERNOR BUSBEE: Do you want me to read it again?

\:I

11 ~ Is that what you're saying?

@;;'o" "1M

REPRESENTATIVE PINKSTON: Yes. GOVERNOR BUSBEE: Judge Beasley wanted to make an

! 14 observation.

I-
OIl
<xC:
15 .:l

JUDGE BEASLEY: The mandatory training would only

\:I
'";)
16 ~ apply to those judgeships which could in the first place not

1M
Cl Z

17 y '1 :<C necessar~ b e 1awyers. That is those that are in the lower

18 courts, but you have to be a lawyer to be a judge in the

19 superior or appellate court or state court.

20

REPRESENTATIVE PINKSTON: We've excepted those in the

21 first two lines.

22

JUDGE BEASLEY: That's correct, and so what you're

23 really talking about mandatory training is going to be the

24 magistrates and the probate judges.

25

SENATOR HOWARD: Shouldn't we put that in there,

I

..._._...._J

PAGE 198

Frank?

2

REPRESENTATIVE PINKSTON: It should be there instead

3 of interpreting it the way I would interpret it.

4

GOVERNOR BUSBEE: Senator Littlefield.

5

SENATOR LITTLEFIELD: Mr. Chairman, I have one other

6 suggestion that I had talked with Representative Snow about.

7

Back in the executive section when we deferred the

8 Attorney General and the district attorneys -- back in the

9 executive section when we were talking about the qualifica-

10 tions of the Attorney General and district attorney, we

11

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i=

referred

to

admission

to

the

active

practice

or

active

status

'Do.".o.

~;i practice of law, and I would think that that would be appropriate here because the key is not how long you've been

! 14 I..-. admitted to practice, but whether you have been on an active

0(

15

:I:
.:.

status,

in other words

actively

engaged in

the practice

of

"'":;)
16 ~... law in the state of Georgia .

Qz

17 ~

As you well know, there are members of the state bar

18 that are on an inactive status, and I think that that should be

19 included in this amendment or in the amended version of the

20 qualifications.

21

GOVERNOR BUSBEE: I understand that there's going to

22 be an amendment to that. Let me just say I'll entertain your

23 amendment in just a minute, but I don't think that has anything

24 to do with whether it's prescribed by Supreme Court rule or 25 whether it's prescribed, the type training is prescribed by law

PAGE 199

The motion that's on the floor now is si~ply to

2 change the Supreme Court rule which will prescribe the type

3 training and change that to law. That is the motion, or

4 the amendment rather.

5

All right. Now, is there any discussion on the

6 motion to amend the periodic judicial training to where it

7 would be prescribed by law rather than by the Supreme Court?

8 Is there any discussion?

9

REPRESENTATIVE BURRUSS: Do you still require seven

10 years for all --

ez"
11

GOVERNOR BUSBEE: We're just trying to perfect this.

e .-~.o.. 12 ~ We're going to come back and vote on the main reotion. This is only the amendment to change the Supreme Court to law.

14 ~ by the Supreme Court to law.

':z":

15 ~

All right. Is there any discussion on that? If

"'":;)

16 ~not, is there objection?

oz 17 :

Hearing none, it's adopted.

18

GOVERNOR BUSBEE: Your next amendment then will be

19 to strike "No judge shall engage in the practice of law,"

20 which is the last sentence. Is that correct?

21

SPEAKER MURPHY: Yes.

22

REPRESENTATIVE PINKSTON: Second that.

23

GOVERNOR BUSBEE: "No judge shall engage in the

24 practice of law." The IT'.otion is that be stricken. Is there

25 a second?

PAGE 200

REPRESENTATIVE PINKSTON: Seconded.

2

GOVERNOR BUSBEE: There is a second. Discussion.

3 Senator Howard.

4

SENATOR HOWARD: How will that be -- I understand

5 there are some state court judges who practice who want to

6 continue that, but as to the others how is that prohibition

7 going to be handled when we strike that entire language?

8

GOVERNOR BUSBEE: You could prescribe by statute

9 they couldn't practice, but this would be taken out of the

10 constitution. It's not in the constitution now.

" 11

z
j:

All right. There's been a modon and a second. Is

a-I12

.2'.".
'"

there

further

discussion

on

deleting

the

last

sentence

of

the

paragraph?

! 14

If not, is there objection to the deletion of "No

~
'0"(
15 ~ judge shall engage in the practice of law" and you leave it up

16 .'~";.":.) to statute as you now have this?

Q

Z

0(
17 :

REPRESENTATIVE SNOW: I object.

18

GOVE&~OR BUSBEE: All right, we have objection.

19 All in favor rise and stand until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: Reverse your position.

22

(A show of hands.)

23

GOVERNOR BUSBEE: The ayes in the House are 12, the

24 nays are two; in the Senate the ayes are nine, the nays are

. 25 one. The last sentence is stricken .

PAGE 201

All right. Mr. Speaker.

2

SPEAKER i1URPHY: I think there needs to be another

3 amendment to clear up what Hr. Pinkston said if the Governor

4 please, and that's on that line where it says those judges

5 who have not been admitted to practice, it should be those

6 probate judges and magistrates who have not been, and that

7 will clear up Mr. Pinkston's problem.

8

GOVERNOR BUSBEE: You move?

9

SPEAKER MURPHY: Yes.

10

A VOICE: Seconded.

"z
11 ~

GOVERNOR BUSBEE: You have heard the amendment

9 ; ;.oA..and there's been a second. Discussion. Is there any objection to the adoption of that

! 14 !;; amendmen t?

%

15 o:l

A VOICE: Mr. Chairman, would you read the amendment

"or:
;;)

16 ~... as proposed?

zCl

17 :

SPEAKER MURPHY: That's probate judges and

18 magistrates who have not been admitted to practice law.

19

GOVERNOR BUSBEE: All right. There's no objection?

20 All right, it's adopted.

21

Now do you want me to read what you're voting on now

22 for the entire paragraph as it now is?

23

REPRESENTATIVE SNOW: There was one other amendment,

24 and that's Bill's amendment. He wanted to put up there on

25 line--

PAGE 202

GOVERNOR BUSBEE: The active practice.

2

REPRESENTATIVE SNOW: t-lhat he wanted to put in was

3 on line 24 "have been admitted to practice law as an active

4 status member of the state bar." That would mean it would

5 require it to be someone who was actively practicing law for

6 that period of time.

7

GOVERNOR BUSBEE: Give me just a minute to make

8 sense of this.

9

REPRESENTATIVE SNOW: That was Bill's motion.

10

SENATOR LITTLEFIELD: I so move, Mr. Chairman.

"%
11 ;:
.o'a."...

GOVERNOR BUSBEE: All right. You can state what

~;i your amendment is. SENATOR LITTLEFIELD:

Mr. Chairman, in the proposed

! 14 ... draft where we have "admitted to practice law," change that '" :c
15 .:J in each and every instance so that it would be, so that it
"'";:)
16 .~.. would read "have been an active status member of the state Q %
17 ~ bar of Georgia," semicolon, and for the seven-year and five-

18 year terms.

19

GOVERNOR BUSBEE: Is there a second?

20

MR. HARRIS: Mr. Chairman.

21

GOVERNOR BUSBEE: Mr. Harris. Representative Harris.

22

MR. HARRIS: It suits me to be called Representative,

23 I'm very proud of having that title at one time.

24

That's a substantial change from the present law.

25 This would set an in-state residency requirement of seven

PAGE 203

years or five years. The present law provides that a superior

2 court judge shall have attained the age of 30, shall have been

3 a citizen of the state for three years, and, quote, have

4 practiced law for seven years, end quote. That's the present

5 constitution.

6

If you require him to be an active member of the

7 state bar for seven years, then that's a substantive change

8 from the present provision.

9

GOVERNOR BUSBEE: Judge Beasley.

10

JUDGE BEASLEY: It also raises I'm afraid a

constitutional problem about that residency. That would be

challenged and immediately be overturned by the United States

Supreme Court I'm afraid.

GOVERNOR BUSBEE: All right. Is there a second to

the amendment?

Hearing none, the amendment dies for lack of a second

All right. Representative Pinkston.

18

REPRESENTATIVE PINKSTON: Mr. Chairman, one further

19 question. As you know, by statute in setting the qua1ifica-

20 tions of probate judges in all counties of 100,000 population

21 and over a probate judge must be admitted to the practice of

22 law.

23

MR. HARRIS: That's correct.

24

REPRESENTATIVE PINKSTON: It seems to me this wording

25 takes the probate judges in those counties who are members of

PAGE 204

the bar out of this category and would allow a probate judge

2 to be elected in those counties who is not a member of the bar

3 at all, but would have to take training as prescribed by law.

4 Am I correct in that interpretation?

5

GOVERNOR BUSBEE: Restate that, if you can.

6

REPRESENTATIVE PINKSTON: I don't know that I can

7 restate it, but now by statute in counties with population of

8 over 100,000 people with some minor exceptions must be a

9 lawyer, the judge of the probate court.

10

GOVERNOR BUSBEE: That's correct.

11 ~z~

REPRESENTATIVE PINKSTON: It seems like to me this

~

f

w

~--- I12 ~ paragraph that we are trying to perfect would take those judges out of this category and say in any county of over

! 14 100,000 people or any county in the state you could be a

~
~
15 ~% probate judge --

~

~

~

16 ~

SPEAKER MURPHY: I don't think there's any question

zwo

17 =about that, because that's the purpose of the constitution to

18 have it uniform, and I don't think there's any question it's

19 going to do away with your local thing that says he's got to

20 be a member of the bar to be a probate judge, and that's the

21 purpose of the article to get it uniform. I don't see any

22 question about that.

23

REPRESENTATIVE PINKSTON: I've got problems with

24 that. If we have qualifications, they need to be a lawyer in

25 a lot less populous counties than 100,000 as a matter of fact,

PAGE 205

probate court judges.

2

SENATOR HOWARD: That's right.

3

GOVERNOR BUSBEE: I'll entertain any kind of a motion

4 but all I have is the main motion. If you want to offer an

5 amendment, I'll entertain it and give you time to perfect it

6 if you would like.

7

REPRESENTATIVE PINKSTON: The only thing I know to do

8 is to amend that provision to where it says all superior

9 court judges and so forth, and all counties over 100,000

10 population the probate judge shall be a member of the bar

11

":z:
j: just

like

anybody

else,

state

court

and

superior

court.

'o.."....

~r~ ~\ ~ 12

GOVERNOR BUSBEE: I'm trying to help you here,

Representative Pinkston. If you want to make your motion

! 14 .I.-. I think the way I would go about it if I were you would be :z:

15 ~ put all judges except those of magistrate or probate courts

"'":;)

16 .~.. in counties of less than 100,000 in population, and then put

Q

Z

17 : your cencus words in there which the staff could add.

18

Is that what you're trying to do?

19

REPRESENTATIVE PINKSTON: I so move.

20

A VOICE: I second it.

21

GOVERNOR BUSBEE: The motion is made and seconded

22 that it be amended to provide that all judges except those of

23 magistrate or probate courts in those counties of under

24 100,000 and let staff perfect the language for the cencus,

25 the future cencus as we now have it. That's your motion.

PAGE 206

REPRESENTATIVE PINKSTON: Yes.

2

GOVERNOR BUSBEE: All right. Is there a second?

3

A VOICE: I second it.

4

GOVERNOR BUSBEE: Senator Howard seconds it.

5 Hr. Speaker.

6

SPEAKER ~IDRPHY: Let me ask staff a question here.

7 Mel, under your local constitutional amendments we've got

8 where we say that they've got four years or they've got some

9 period of time to reenact them or they'd be void.

10

Do you anticipate that if we left this thing in here

11 "5z we could come back with a local act with a referendum and put

f...

~r! ~

12 ~ that in effect what he's talking about? MR. HILL: A local referendum?

.

! 14

SPEAKER MURPHY: We're absolutely destroying the

I-
'0"(

15

% q

uniformity

of

the

courts

with

this.

'"~"

16 ...~.

REPRESENTATIVE PINKSTON: Mr. Speaker, this is not

Q

Z

17

a 0(
~

local

constitutional

amendment,

this

is

a general

statute

18 that we passed I offered some three years ago. It's not a

19 local constitutional amendment.

20

REPRESENTATIVE SNOW: Why don't we just say unless

21 otherwise provided by law?

22

(Pause.)

23

GOVERNOR BUSBEE: I don't think you need that.

24 Listen to Judge Beasley -- I've been listening, and we're

25 ta,king about who's going to have to have additional training

PAGE 207

is what we're talking about. I don't think that

2

REPRESENTATIVE PINKSTON: I don't think you are.

3

JUDGE BEASLEY: Mr. Chairman.

4

GOVERNOR BUSBEE: Go ahead, I recognize you. I'm

5 confused myself now, but go ahead.

6

JUDGE BEASLEY: You don't really have to put in

7 anything in here about population because here what we're

8 talking about is qualifications, and although it~says the

9 qualifications have to be uniform we have already said that

10 judges that are in the probate court and in the juvenile --
11 5z~ probate court and magistrate court do not necessarily have to
2
~
~--- I12 ~ be attorneys, we've said that, so that when you talk about uniform qualifications of judges for those two types of
! 14 courts you can have two types and it would be uniform; that ~ ~ ~
15 ~ is they must either have been admitted to practice law for ~ ~ ~
16 ~ the minimum period, or they must take the mandatory training,
zQ
17 ~ ~ and that's uniform. It's an optional uniformity.

18

GOVERNOR BUSBEE: Representative Pinkston, I think

19 you have a question.

20

REPRESENTATIVE PINKSTON: I agree with that, but

21 what I'm saying is that uniform training for those that have 22 not been admitted to the practice of law, period, is not the

23 same as being admitted to the practice of law and it becomes 24 much more difficult to become a judge, being an effective 25 judge in probate court with the volume of business that's

PAGE 208

done and the complicated cases that are filed in probate court

2 in counties of over 100,000 population, and that's the

3 purpose of the act, and I think that judges in those

4 categories and those counties ought to be a lawyer, period.

5

GOVERNOR BUSBEE: Let me recognize Mel. He wanted

6 to respond.

7

MR. HILL: Frank, in Article IX is where we also

8 cover probate judges as one of the county officers, and we

9 provide there that they shall have such qualifications as

10 provided by law, so that you have another method by which

.. 11

"z
j:

you

could

provide

for

qualificati@ns

of

probate

judges

in

.oG.o.

~;i your county. REPRESENTATIVE PINKSTON:

I agree with that, but

! 14 ... what you've got in my judgment is two conflicting provisions '~"
..15 0/) in the constitution. That one provision, this provision that
"::l
16 ~... we're talking about here says that they don't have to be
Qz

17 : lawyers, and then you say give it to the General Assembly to

18 provide their qualifications.

19

JUDGE BEASLEY: We are saying that if they're not

20 lawyers then they have to have mandatory training, and it's

21 up to you since you've changed it from the Supreme Court

22 to decide what level of training they have to have, whether

23 they have to have forty hours a year down at the institute

24 or what.

25

REPRESENTATIVE PINKSTON: You mean you could come

PAGE 209

along and say that mandatory training is admission to the bar?

2

JUDGE BEASLEY: No, sir, but it's an optional

3 uniformity. That is there are this Class A and this Class B

4 within uniformity, but you can't deviate from one of those

5 two things; either you have to be admitted or you have to

6 take the mandatory training. You can't do anything else,

7 and it's uniform to that extent.

8

REPRESENTATIVE PINKSTON: I think we're going to see

9 the day in this state when we want the counties of under

10 100,000 in population all probate judges to be a member of the

11

"%
~

bar

and

qualified

in

the

practice

of

law.

..o....

@;~

JUDGE BEASLEY: If that's what you want REPRESENTATIVE PINKSTON: You can't do it under this

14 ~ provision.

'"<I(

:I:

15 ~

GOVERNOR BUSBEE: But you can under the other

"'";)

16 ~ article, though.

"%

17 ~

REPRESENTATIVE PINKSTON: You've got a conflict,

18 Governor.

19

GOVERNOR BUSBEE: Representative Harris. Mr. Harris.

20

MR. HARRIS: Mr. Chairman, under the Article VI

21 that we are considering, it says all judges except those of

22 magistrate or probate courts must be lawyers. Okay.

23

GOVERNOR BUSBEE: Right. I understand it.

24

MR. HARRIS: It also says that magistrates and

25 probate judges who have not been admitted to practice law

PAGE 210

shall complete periodic training. That is all it addresses 2 right there.

3

Now, over in Article IX, Paragraph III, county

4 officers, the clerk of superior court, judge of probate court,

5 the sheriff, the tax receiver, tax collector and tax

6 commissioner where such office has been replaced by the tax

7 receiver, shall be elected by the qualified voters of their

8 respective counties for terms of four years, and shall have

9 such qualifications, powers and duties as provided by general

10 law.

11 ~"

But then over in the back when we talk about

.2'.".

~--- !12 '" population laws we basically say a population bill is a general law, provided it includes everything above a certain

! 14 population amount, so that the problem that is raised, and I." ~
15 ~ it's worthwhile looking at, is really solved, the one that
a 16 ~".'za".. Mr. Pinkston has, the present 100,000 population law would
17 remain in effect; this doesn't do away with that, and in the

18 future that population could be dropped to 50,000 as long as

19 it was everything above 50,000 or whatever.

20

GOVERNOR BUSBEE: I think he's right. Let me

21 suggest, Representative Pinkston, if you want -- we're going

22 to try and perfect on Wednesday. I think that's covered.

23

Did you follow what Mr. Harris said?

24

REPRESENTATIVE PINKSTON: Yes, I followed it. I

25 don't agree with it.

PAGE 211

GOVERNOR BUSBEE: Do you have any objection to

2 proceeding on that basis?

3

REPRESENTATIVE PINKSTON: No.

4

GOVERNOR BUSBEE: All right, he doesn't.

5

You have the language as I have read it, and we'll

6 defer on that. He wants to come back and perfect it.

7

Senator Dean.

8

SENATOR DEAN: Mr. Chairman, this is a trivial

9 problem, but would lines 28 and 29 preclude you from asking

10 a judge emeritus to go from one section of the state to the

other to serve if he has to be in the geographical area?

GOVERNOR BUSBEE: No, that doesn't present any

problem at all. That's qualifications to serve.

All right. Any other questions? If not, is there

objection to ordering

Well, Senator Littlefield.

SENATOR LITTLEFIELD: Mr. Chairman, really at this

point I suppose this is parliamentary inquiry. I would like

18 to renew my motion to include active status, and I don't know

19 exactly how to do it, whether to reconsider since it failed

20 to get a second, or renew it or what.

21

GOVERNOR BUSBEE: We can reconsider if you want to

22 offer it again. You move that we reconsider our action in

23 failing to adopt your amendment?

24

SENATOR LITTLEFIELD: Failure to second it.

25

GOVERNOR BUSBEE: It never got a second.

PAGE 212

SENATOR LITTLEFIELD: That's right.

2

GOVERNOR BUSBEE: It died for lack of a second.

3

SENATOR HOHARD: Mr. Chairman, Is there any way we

4 could incorporate that idea into the general idea that's going

5 to be considered and bring it back to us on Wednesday?

6

GOVERNOR BUSBEE: I think what you're trying to do,

7 Senator, is where you have somebody that's graduated from

8 law school, goes to work for some company, doesn't practice

9 law, they've been admitted to the bar for either seven, six

10 or four years, orfbr five years, and what you want to do then

11 ;"z: would be actively engaged in the practice of law as provided
."o..."..
~;i in the present constitution. That's what you want to do. SENATOR LITTLEFIELD: Mr. Chairman, very frankly

! 14 the way it is proposed now you could have a man from Tennessee

l::z;:
15 oll that had been practicing law for twenty years and never

"""::;)
16 ~... admitted to the Georgia bar come down here and live for the

Q

17

Z
:Ii

minimum

residency

requirement

and

then

meet

that

and

be

18 appointed either a superior court or a Supreme Court or

19 Court of Appeals judge, and I just don't think that's fair.

20

SENATOR HOWARD: I'll second his motion to get it

21 up for discussi.on if it needs a second.

22

GOVERNOR BUSBEE: I want to hear the motion. I

23 haven't heard the motion yet.

24

SENATOR LITTLEFIELD: I don't exactly know what the

25 motion is. My motion is to reconsider.

PAGE 213

GOVERNOR BUSBEE: I sure don't. I think I know

2 what you're driving at. I thought I did until you said what

3 you just said, a lawyer has practiced for twenty years in

4 Texas, he moves over here, and you say he's got to live here

5 seven years and admitted to the Georgia bar, have the seven-

6 year requirement?

7

SENATOR LITTLEFIELD: No, your Honor. Well, let me

8 give you a couple of examples if I can, Mr. Chairman.

9

GOVERNOR BUSBEE: All right.

10

SENATOR LITTLEFIELD: As it stands right now a man

11

"%
j:

from

Texas

can be

admitted

to

the

active practice

of

law

in

.o.'"....

@;i Georgia. Now, the residency qualification of three years or five years is fine. He can be an~tive member of the state

! 14 bar for twenty years, and if he moves to Georgia and then !ii <I( %:
15 ~ meets the other residency requirements, he is then eligible

"'":;)
16 ~... to be a judge .
zQ

17 :

The point that I'm making right now when we say

18 practice of law is that you are not delineating where he may

19 have been able to practice law. He may not even be a member

20 of the state bar of Georgia but have otherwise me the

21 residency requirements for a judge, and I don't think that

22 this body'wants to have that possibility of appointing a

23 person as I gave in my previous example who's been practicing

24 law in the state of Tennessee for twenty years, moves down

25 here for the immediately preceding five years which qualifies

PAGE 214

him on a residency requirement but is not a member of the

2 state bar of Georgia.

3

GOVERNOR BUSBEE: Senator, I misunderstood what you

4 were saying. I thought what you were saying was constitutional

5 What you're saying now is patently unconstitutional in my

6 opinion, and I'll ask every judge and every lawyer here,

7 but I thought you were trying to require that the person not

8 just be admitted to practice but be actively practicing law

9 for a prescribed period of time, but if you're saying that

10 even though they've actively practiced for twenty years

11

"z
i=

they've

got

to

have

a

seven-year

residency

requirement

or

I.o.I.:

III

~;; five years, that's patently unconstitutional. SENATOR LITTLEFIELD: Mr. Chairman, let me just

! 14 ... point out that in the proposed draft that the proposed draft

':0z"(:
15 .:. reads practiced law before -- admitted to practice law before

"II:
;;)

16 ~ the Supreme Court for seven years. III

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17 i

Now, if my proposal is patently unconstitutional,

18 theirs is too.

19

GOVERNOR BUSBEE: I agree. That was changed on what

20 they had for that reason. That's not what they meant.

21

Let me do this, Senator. We're going to come back

22 and perfect this. If you're trying to require that they have 23 been actively engaged in the practice of law and you come up 24 with the amendment to perfect it, we can easily do that on 25 Wednesday if you'll just work on that and we can consider it,

PAGE 215

but I would caution you not to have a residency requirement 2 of six or seven years because that's unconstitutional.

3

SENATOR LITTLEFIELD: No, I don't want to.

4

GOVERNOR BUSBEE: Okay. Now, with that then you have

5 heard me read Paragraph II three times.

6

Is there any other amendment, any other discussion?

7 Is there objection to ordering the previous question?

8 Hearing none, it's ordered.

9

Paragraph II. All in favor rise and stand until

10 you're counted.

(A show of hands.)

GOVERNOR BUSBEE: Reverse your position.

(A show of hands.) GOVERNOR BUSBEE: All right. On the passage it's 13

ayes in the House, the nays are zero; in the Senate the ayes are five, the nays are zero. It's adopted.

Paragraph III, vacancies.

18

REPRESENTATIVE SNOW: That, Governor, provides that

19 they shall be filled by appointment by the Governor from

20 nominees that are certified as qualified by a judicial

21 nominating committee which shall be created by the Governor's

22 office.

23

GOVERNOR BUSBEE: That's not by statute now?

24

REPRESENTATIVE SNOW: No, that is not presently.

25

GOVERNOR BUSBEE: Mr. Speaker.

PAGE 216

SPEAKER MURPHY: I move that we adopt the Paragraph

2 III as put out in our version there where it says vacancies

3 shall be appointed by the Governor. We don't need all that

4 other stuff in there.

5

GOVERNOR BUSBEE: All right. Judge Beasley.

6

JUDGE BEASLEY: }1r. Chairman, the reason that it was

7 put in there is that it is already in the constitution now

8 with regard to the discipline of judges on the qualifications

9 cormnission, and looking at the whole idea of discipline of

10 judges and the selection of judges, the discipline comes at

ez~
11 the end, the selection is at the beginning, and the overall

o

L

I ~~ --~ -12 ~

in order to provide for how they are to be selected we felt that it should be provided in there that the nominating

14 ~ commission process which has been experimented with in this

~
~
%
15 ~ state since former Governor Carter has been very well accepted

~ ~
16 i~ and is one of the principles of merit selection. It gets

Qz

17

~
:

closer

to

that,

and

that

was

the

reason

it was

put

into

the

18 constitution in order that not only the qualifications,

19 that is the discipline of judges which is after they get

20 into office, but the method of selection, that is by merit

21 selection, also go.into the constitution because we recognize

22 it as a very good tool to assure to the degree possible merit

23 selection of judges in this state, and we really have a very

24 unique selection of judges system in this state which is not

25 a nominating commission merit selection process, but also

PAGE 217

election when that term for which he has been appointed

2 expires, so we really have got both political decision on

3 the selection of judges and also merit selection, and we felt

4 that it has worked well enough and has been accepted by the

5 people to the degree that it should be made the constitutional

6 right of the people to have the selection of judges when there

7 is a vacancy done by a merit aelection process, that is a

8 nominating commission.

9

GOVERNOR BUSBEE: All right. Mr. Speaker.

10

SPEAKER MURPHY: Do we have a statute on it?

l:l

11

Z j:

GOVERNOR BUSBEE: There is no statute on it, it's

III

g~;1.2.. executive order.

SPEAKER MURPHY: My answer to that is very simple.

14

1
~

If

I

was

Governor,

which won't never happen thank God,

and

:c

15 Q I was going to appoint me a nominating committee that I was

~

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16 ~... going to create I could dadblamed sure appoint one that would

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17 nominate who I wanted nominated. That's an exercise in

18 futility if I ever heard one.

19

REPRESENTATIVE SNOW: Move the question.

20

GOVERNOR BUSBEE: Senator Holloway.

21

SENATOR HOLLOWAY: I would like to amend the

22 Speaker's to this extent, that vacancies should "be filled

23 by appointment of the Governor or unless otherwise provided

24 by law, then if the Governor gets out of order we can

25 straighten him out.

PAGE 218

SPEAKER MURPHY: You're trying to infringe on the

2 executive branch now. I don't like that.

3

GOVERNOR BUSBEE: Do you want to offer an amendment?

4

SENATOR HOLLOWAY: I just did, sir.

5

GOVERNOR BUSBEE: Senator HOlloway's amendment says

6 vacancies shall be filled by appointment of the Governor or

7 as otherwise provided by law.

8

JUDGE BEASLEY: That's worse.

9

GOVERNOR BUSBEE: Is there a second?

10

A VOICE: Seconded.

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II j:

GOVERNOR BUSBEE: Senator Greene seconds it. Is

@I;;o.."..'.. there discussion? SENATOR BARNES:

I think that's a little dangerous,

~

14

I o~n

I

really

do.

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15 011

(Thunder was heard in the

~

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16 ~...

meeting room .

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SENATOR BARNES: I don't think the Lord likes it

18 either.

19

GOVERNOR BUSBEE: I don't think some of His servants

20 do either.

21

SENATOR HOLLOWAY: Then I'll withdraw the motion.

22

GOVERNOR BUSBEE: He withdraws his motion. Is

23 there objection? Hearing none, it's withdrawn.

24

The question is now on the substitute motion, it's

25 just what we now have that vacancies shall be filled by

PAGE 219

appointment of the Governor. That's the substitute and there

2 was a second.

3

Is there discussion on it? Is there discussion?

4 Is there objection? If not, it's adopted.

5

Paragraph IV.

6

REPRESENTATIVE SNm.v: Paragraph IV provides for a

7 period of service of appointees by the Governor. An appointee

8 to an elective office shall serve until a successor is duly

9 selected and qualified and until January 1st of the year

10 following the next general election which is more than six

IlJ

11

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months

after

such person's

appointment.

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9;1

SENATOR HOWARD: Move its adoption. REPRESENTATIVE SNOW: Seconded.

14

I
o~n

GOVERNOR BUSBEE: The motion is made and seconded.

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15 olI Any discussion? If not, is there objection? Hearing none,

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16 ~ it's adopted. III

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17 g

All right. Paragraph V.

18

REPRESENTATIVE SNOW: Compensation and allowances.

19 All judges shall receive compensation and allowances as

20 provided by law, but which shall not be decreased during the

21 incumbent's term of office.

22

Now, I think I indicated to you earlier this morning

23 that the figures that we have would indicate that this would

24 cost the state treasury an additional amount of about eleven

25 or twelve million dollars in that area.

PAGE 220

GOVERNOR BUSBEE: Senator Littlefield.

2

SENATOR LITTLEFIELD: Mr. Chairman, I would like to

3 ask Representative Snow whether this paragraph '''ould preclude

4 counties from continuing supplements to certain judges'

5 salary.

6

REPRESENTATIVE SNOW: No, they would continue to be

7 able to receive supplements; we do not preclude that.

8

GOVERNOR BUSBEE: That doesn't put it on the state.

9 That figure he gave you has nothing to do with this, let's

10 clear that up. This just continues all judges shall receive

11

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~
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compensation

and

allowances

as

provided

by

law which

shall

not

2...

~g ;I be decreased during the inctlL"TIbent's term of office. That

has nothing to do with what you said about the rnillion --

14 I
~

A VOICE: Move the adoption.

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15 ol)

GOVERNOR BUSBEE: The motion is made. Is there a

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16 ~... second?

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17 :;

SENATOR BARNES: Seconded.

18

GOVERNOR BUSBEE: Now discussion. Is there objection

19 to adoption? Hearing none, it's adopted.

20

Paragrap VI.

21

REPRESENTATIVE SNOW: Judicial qualifications

22 commission, power and composition, and this provides for the

23 discipline, removal and cause of involuntary retirement of

24 judges, district attorneys. District attorneys and attorney

25 generals would come out of this wherever it appears in both

PAGE 221

lines 17 and 18 and lines 21 and 22.

2

Its membership shall include at least one judge

3 selected from and by every class of court.-- now this is a

4 change, a substantial change in the present judicial

S qualifications commission -- except the Supreme Court,

6 and the immediate past president of the State Bar of Georgia,

7 at least two nonlawyer citizens appointed by the Governor.

8

SENATOR BARNES: ~fuat about DA's, should they stay

9 in there?

10

REPRESENTATIVE SNOW: We have taken them out of the

judicial, they would no longer be judicial officers.

GOVERNOR BUSBEE: They're in the executive article

I think is the reason for that.

We will suspend just a minute. I want to look at the

existing constitution.

(Pause.)

SENATOR BARNES: Mr. Chairman.

18

GOVERNOR BUSBEE: Senator Barnes.

19

SENATOR BARNES: Hr. Chairman, I move the composition

20 of the judicial qualifications commission remain seven members

21 which are appointed as is presently in the constitution which

22 is two members of a court of record except for the Supreme

23 Court, three members of the state bar with certain practice 24 requirements and two citizens, neither of which shall be a

2S
member of the state bar, and then let the procedures all be

PAGE 222

adopted by the General Assembly.

2

GOVERNOR BUSBEE: All right. What that would do is

3 just adopt the existing constitution on the seven people that

4 compose the commission, then you would leave the balance of

5 it--

6

SENATOR BARNES: Procedures to be set by law.

7

GOVERNOR BUSBEE: By the General Assembly. Do you

8 follow that?

9

Judge Beasley.

10

JUDGE BEASLEY: Mr. Chairman, the reason that we

III
11 5Z proposed the change so that each class of court would have ..o....
~;i a representative on this qualifications commission is that the qualifications cornrnission has tremendous power and ! 14 ... authority over what our behavior and conduct can be, and if ~:r 15 oll you do not have a judge from the class of court that is going III lll: ~ 16 ~... to be disciplined, then they don't have the perspective of Q Z 17 g that level of court, and there's a great deal of difference

18 between a superior court and what his behavior and conduct is

19 or the problems that he may run into, or a Supreme Court

20 Justice, and one who is on a more local level, on the level

21 of a magistrate.

22

Since they can control our activities even to the

23 extent of the type of meetings which we may attend and the

24 type of contributions that we may make to political parties

25 and such as that, we felt that each class of court should be

PAGE 223

represented and at least have one person on it, and that way

2 the qualifications commission could have the viewpoint of

3 that class of court expressed by someone coming from that

4 class before they come out with an opinion that tells us what

5 we can and cannot do to the extent of telling me whether I

6 can or cannot join the Federation of Democratic Women.

7

GOVERNOR BUSBEE: l1r. Speaker.

8

SPEAKER MURPHY: May I raise a questidm1 Hr.

9 Chief Justice, please take this in the spirit it's offered.

10

I notice this thing here says any judge, district

11 "5z attorney or attorney general. Does that contemplate that no
e;1.o..... Justice could ever be removed, or should the word "justice" be in there also?

! 14 l;;

CHIEF JUSTICE JORDAN: Excuse me, Mr. Speaker. I

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15 oll didn't follow you. You're in Paragraph VI?

":':"

16 ~...

SPEAKER 11URPHY: I'm in Paragraph VII now .

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17 Judge Beasley says a justice is defined as a judge, but the

18 present court excepted I have seen some justices over there

19 I had problems calling a judge.

20

CHIEF JUSTICE JORDAN: .I have no objection to the

21 word "justice" being included in that.

22

GOVERNOR BUSBEE: Judge Beasley.

23

JUDGE BEASLEY: Mr. Chairman, in our very first

24 section we provide that the term "judge" as used in this entire

25 article shall include justices, judges, senior judges,

PAGE 224

magistrates and every other such judicial office of whatever

2 name existing or created, so that would avoid the necessity

3 of listing them each time we talk about judges.

4

SPEAKER MURPHY: I stand corrected.

5

GOVERNOR BUSBEE: The Speaker stands corrected.

6 All right. Is there a second? Is there a second to Senator

7 Barnes' motion that the composition

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE:

be the same as it is in the

10 present constitution?

\!I

Z

11 ;:
..oc..r..:

All right. There is a second. Is there any

@);j discussion? SPEAKER MURPHY: Can I ask a question, please?

! 14 ... It's not on that motion. Go ahead .

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15 olI

GOVERNOR BUSBEE: Let me just ask, is there objec-

c\!rI:

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16 .~.. tion? If not, it's adopted .

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17 :

SPEAKER MURPHY: \l7ha t do the term "habitual

18 intemperance" mean? Does it mean he eats too much, he drinks

19 too much, he goes with the ladies too much or he stays out too

20 late at night? What do it mean?

21

GOVERNOR BUSBEE: It might mean he talks too much.

22

(Laughter. )

23

SPEAKER MURPHY: He can do both. What do it mean?

24

GOVERNOR BUSBEE: Let me see --

25

SENATOR HOWARD: All'of that.

PAGE 225

SPEAKER MURPHY: l~at does it mean, Mr. Justice?

2

CHIEF JUSTICE JOHDAN: We haven't been called upon

3 to decide that, but I think the generic term of habitual

4 intemperance would refer to intoxication or alcoholism.

5

SPEAKER MURPHY: Well, the dictionary covers the

6 waterfront.

7

GOVEm~OR BUSBEE: We're on Paragraph VI now.

8

A VOICE: We just approved VI.

9

GOVERNOR BUSBEE: I think it's necessary with the

10 amendment you've just adopted that we approve the balance of

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11 j: the article. Is it so moved?
..o....

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~ 14! !;; :r

A VOICE: Moved. GOVERNOR BUSBEE: Seconded? SPEAKER ~ruRPHY: I second it.

..15 .:I CI

GOVERNOR BUSBEE: It's seconded. Is there discussion?

:::>

16 ~... If not, is there objection? Hearing none, Paragraph VI is

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17 :; adopted as amended.

18

Paragraph VII now gets to what you're talking about,

19 Mr. Speaker.

20

REPRESENTATIVE SNOW: Paragraph VII I think, Mr.

21 Chairman, is almost the same language that we've got in the

22 present constitution.

23

SPEAKER MURPHY: That scares me to death almost.

24 It says habitual intoxicants in the present constitution,

25 doesn't it, Mr. Justice?

PAGE 226

CHIEF JUSTICE JORDAN: I'm trying to find that in

2 my constitution.

3

REPRESENTATIVE SNOW: Again we would have to remove

4 the words "district attorney and attorney general" from here.

5 They would be disciplined as other constitutional officials.

6

CHIEF JUSTICE JORDAN: It's habitual intemperance in

7 mine.

8

SPEAKER MURPHY: Still what do it mean? Black's

9 Law Dictionary keys it to intoxicants.

10

JUDGE BEASLEY: I don't know what it means, but I

5III
11 think the qualifications commission will. You have to remember
2
@ - ~12 ~ that you all adopted this qualifications commission method a number of years ago when you passed the constitutional

14 ~ amendment, and I have a feeling that it was probably taken
III ~
%
15 ~ from laws that were passed in other states so that there is a IaI:I ~
16 ibody of law growing up about this very thing, but we did not
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17 ~ ~change it in that regard from what it has been passed by the

18 people already.

19

GOVERNOR BUSBEE: Seriously, just taking this vein,

20 it would be like moral turpitude. I think habitual

21 intemperance would be governed by case law. I don't think

22 it would be any --

23

SENATOR HOWARD: It could be drugs or alcohol.

24

REPRESENTATIVE SNOW: I ~ove the adoption, Mr.

25 Chairman, of Paragraph VII.

PAGE 227

GOVERNOR BUSBEE: He moves the adoption of Paragraph

2 VII.

3

REPRESENTATIVE SNOW: Deleting attorney generals

4 and district attorneys.

5

GOVERNOR BUSBEE: With the deletion there of those

6 two. All right. Is there a second?

7

A VOICE: Seconded.

8

GOVERNOR BUSBEE: Now discussion. Any discussion?

9 If not,;is there objection to the adoption of Paragraph VII?

10 Hearing none, it's adopted.

Paragraph VIII.

REPRESENTATIVE SNOW: Paragraph VIII is the review

provision by the Supreme Court on anyone who has been

disciplined, that no action shall be taken against a judge,

district attorney district attorney and attorney general

would again come out -- except after hearing and in accordance

with due process of law.

18

I move the adoption of that paragraph with the

19 deletions.

20

GOVERNOR BUSBEE: Is there a second?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: It's seconded. Is there discussion~

23 No discussion? Is there objection? Hearing none, Paragraph

24 VIII is adopted.

25

Mr. Speaker.

PAGE 228

SPEAKER MURPHY: They told me this morning that they

2 had put the right to trial by jury in another article.

3

SENATOR BARNES: Article I, Bill of Rights.

4

SPEAKER l1URPHY: I question the wisdom of it not

5 being in the judicial article.

6

REPRESENTATIVE SNOW: It is under the Bill of Rights.

7

SPEAKER MURPHY: Can I see a copy of it, please?

8

(Pause. )

9

SPEAKER MURPHY: I can tell you right now I'm going

10 to make a motion to change this when we get to reconsideration.

11

"z
j:
.'"o".-.

I'm just

not

satisfied with

this

one.

@;i GOVERNOR BUSBEE: All right. We'll take this up Wednesday on the reconsideration on the jury trial. All right.

! 14 ......

Okay. Section IX .

:<zC:

15 .:I

REPRESENTATIVE SNOW: All right, sir. This is

"'";)

16 ~... administration of the judicial system, rules of practice and

Q

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17 : procedure, advice and consent of councils.

18

The judicial system shall be administered by the

19 Supreme Court as provided in this paragraph. Not more than 24

20 months after the effective date hereof, and from time to time

21 thereafter by amendment, the Supreme Court shall, with the

22 advice and consent of the council of the affected class or

23 classes of trial courts, by order adopt-and publish rules of

24 practice

And here, Mr. Speaker.

25

SPEAKER HURPHY: He struck that this morning.

PAGE 229

REPRESENTATIVE SNOW: We didn't strike --

2

REPRESENTATIVE P.INKSTON: We struck the rules of

3 evidence this morning.

4

REPRESENTATIVE SNOW: We were talking about rules of

5 evidence. I was just fixing to suggest in this that we strike

6 the practice and procedures and put in "adopt and publish

7 uniform court rules," so that practice and procedure would

8 still be as handled by law.

9

SPEAKER MURPHY: I thought it was handled somewhere

10 else.

REPRESENTATIVE SNOW: No, we haven't. That was

rules of evidence, and we handled the rules of the court and

the transfer of --

SPEAKER MURPHY: ~Vhat about Paragraph V of Section I

that said that the courts of each class shall have uniform

jurisdiction, powers, rules of practice and procedure and

selection, qualifications and terms of judges. There shall

18 be no overlapping jurisdiction, and the provisions of this

19 paragraph shall be effected by law within 24 months, so we

20 did change it at that point.

21

GOVERNOR BUSBEE: I don't follow that.

22

SPEAKER HURPHY: In Paras;raph V of page 2 of the

23 document I submitted this morning we did change it when we

24 said we would strike that, because

25

REPRESENTATIVE PINKSTON: We struck it, and it was

PAGE 230

done by -- Senator Kidd had an amendment, we adopted the Kidd

2 amendment and perfected it.

3

SPEAKER MURPHY: This Paragraph V, the adoption of

4 Paragraph V effectively does away with this paragraph.

5

JUDGE BEASLEY: No.

6

SPEAKER MURPHY: All this does is says it gives them

7 24 months, the Supreme Court to give us rules of practice and

8 procedure, and we said at this point we'd have uniform rules

9 of practice and procedure and it would be established by

10 law within 24 months is what we said this morning.

GOVERNOR BUSBEE: I don't quite follow, Mr. Speaker.

I think what we have here is like how many days you have to

answer and all these type rules. This would be governed under

this provision right here and still be uniform; this is the

way they would be promulgated.

JUDGE BEASLEY: Right.

May I make a comment?

18

GOVERNOR BUSBEE: Judge Beasley.

19

JUDGE BEASLEY: Thank you. What we were talking

20 about this morning under the uniformity of jurisdiction powers,

21 et cetera, provides how in the world are we going to implement

22 that section, and what it says is that it will be implemented

23 by law within 24 months; that is, it gives a period of time

24 that we can gradually get this uniform jurisdiction, powers

25 and selection and qualifications and terms of judges and all

PAGE 231

of that.

2

That has nothing to do really with the making of

3 the rules that govern the courts' operation and management of

4 business. That is contained in this later section that we are

5 dealing with now under the general provisions, and would allow

6 the courts themselves to determine the rules that would govern

7 the business of the courts very much like the General Assembly

8 is now given the authority to administer their agencies to set 9 up rules under the APA to determine how cases are going to come

10 before them, and this would be very similar to that.

~ z

11 ~ ~ o

GOVERNOR BUSBEE: I call on Chief Justice Jordan.

w~

@;j CHIEF JUSTICE JORDAN: Mr. Chairman, in my opinion this paragraph that we are dealing with is the roost important

14 ~~ paragraph in the judicial article. This commission must

~
~
%

15 q decide whether or not the courts -- not the Supreme Court,

~ ~

~

16

~ zwo

but

the

classes

of

courts

involved

--

will

have

any

ru1emaking

17 g~ power whatsoever.

18

I suggest that certainly looking around the room

19 there is an absence of a quorum on both sides, and since this

20 I consider to be the most important paragraph in this proposed

21 judicial article, I hardly see how we could consider it at this

22 time.

23

REPRESENTATIVE SNOW: Let me just add to what the

24 Chief Justice has said. This is where the classes, each class

25 of court, the judges in those courts get together and they

PAGE 232

decide what is best for their governance, and then they submit

2 that to the Supreme Court and then we've got provisions here

3 that if the General Assenbly is unhappy with what they've

4 recommended that we have the right to overrule it.

5

SPEAKER MURPHY: I thought we debated this this

6 morning.

7

REPRESENTATIVE SNOW: It was another provision on

8 rules of evidence.

9

GOVERNOR BUSBEE: All right. I calIon Judge

10 Beasley.

11 ~ ~z

JUDGE BEASLEY: Mr. Chairman, in addition to what

o

~

~

~--- I 12 has already been said there are numerous cases in the Court of Appeals and the Supreme Court demonstratinB the need for

14 ~ the courts to be able to make these rules, because they are
~
~
15 ~ ~ so confusing and conflicting now that the result is that many ~ ~
16 ~ parties do not get the merits of their cases heard but get
zQ
17 : thrown out of court on procedural bases.

18

And the Court of Appeals -- I've got at least four

19 decisions right here from 1976 to 1979 where the Court of

20 Appeals and the Supreme Court have asked the legislature to

21 change it and make it uniform or to make rules so that people

22 can get their cases heard in court instead of on procedural

23 technicalities, and those requests are not heard, and if the

24 courts can make the rules to Get the cases heard on their

25 merits, then we would not have so much criticism from the

PAGE 233

people that bring their cases to court.

2

Many of the decisions that you read through the

3 appellate decisions are on the basis of procedural matters.

REPRESENTATIVE SNOW: Mr. Chairman, I'm moving on

5 this to delete the language "practice and procedure," and

6 would provide that in line 17 that "by order adopt and publish 7 uniform court rules" with the rest of that sentence being 8 deleted.

9

And then also on line 22 striking the words "two-

10 thirds" and placing in lieu thereof the ~qord "majority" so

11 "z~ that a majority of the General Assembly of Georgia could ell: 2...
~o-M' I12 ~ overrule anything that they didn't like relative to the record-keeping or the schedules of costs or whatever these

! 14 folks might do.

l;;

~

15 ~

SENATOR BARNES: I second it.

"ell:
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16 .~..
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GOVERNOR BUSBEE: All right .

17 :

CHIEF JUSTICE JORDAN: Let me make one further

18 comment.

19

GOVERNOR BUSBEE: All right.

20

CHIEF JUSTICE JORDAN: If we're going to continue,

21 let me make this further observation. For instance, the

22 legislature two years ago gave the Supreme Court the authority

23 to prescribe rules for unified appeal process, procedure in 24 death penalty cases. You tagged onto that grant of authority 25 the right of the General Assembly to -- not to veto it, but

PAGE 234

it had a sunset clause in it that it would expire unless

2 approved by the General Assembly.

3

We brought it back to you, brought those rules back

4 to you in this past session, it passed 'both houses without a

5 dissenting vote, so I feel that any grant of rule-making

6 power here with you having the right to veto by a majority

7 vote is certainly to me a reasonable proposition.

8

Thank you.

9

GOVERNOR BUSBEE: Mr. Speaker.

10

SPEAKER }illRPHY: I say again what I said this

II

"%
i=
'2"

morning when

you

adopted

the

Paragraph V of

Section

I.

III

~;i It's just positively and absolutely in my mind us just shirking our responsibility as being the law-making

! 14 ... body of this state .

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15 olI

I do agree with the Chief Justice that this is

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16

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important

to

his

court,

it's

important

to

the General Assembly,

Q

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17 : and it's important to the people of Georgia, and I would agree

18 with him that we ought to have a full house when we decide the

19 issue.

20

I personally will not ever support it because I

21 believe it's us absolutely shirking our responsibility.

22 Frankly, I would like to see it postponed until we have a

23 full hOUGe, but I would want it known fully and completely

24 that I will not ever support that provision of law or that

25 philosophy of law. I will never support it.

PAGE 235

GOVERNOR BUSBEE: Mr. Speaker, let me ask you a

2 question right here.

3

If we strike the rules of practice and procedure

4 under what you're proposing there would be no way you could
s have for administrative purposes rules -- you have rules in

6 the House, you have rules in the Senate there would be no 7 way you could have rules, uniform rules in the courts without

8 this.

9

SPEAKER MURPHY: Yes, sir. I have no objection to

10 having local rules of court or the Supreme Court having their

rules, but I do have every objection in the world to the

Supreme Court or any other court telling me and every other

lawyer in Georgia what the rules of practice and procedure

are going to be because it's been the --

REPRESENTATIVE SNOW: That's what I'm striking.

GOVERNOR BUSBEE; He's stricken that, he's eliminated

it.
18

SPEAKER MURPHY: But he's put something J.1ust as bad.

19

REPRESENTATIVE SNOW: Uniform court rules?

20

SPEAKER MURPHY: You put something just as bad in

21 there which is practically the same thing.

22

REPRESENTATIVE SNOW: Uniform court rules is the same

23 thing as uniform rules of practice and procedure?

24

SPEPXER MURPHY: I would like to see in writing

2S when I'm voting on this because this is a drastic, and I do

PAGE 236

mean a drastic change.

2

REPRESENTATIVE SNOW: Let's put it off until next

3 Wednesday after the Speaker

4

GOVERNOR BUSBEE: We're going to have to schedule

5 some more time.

6

REPRESENTATIVE SNOW: -- until after the Speaker

7 reads it. He's not so unreasonable.

8

GOVERNOR BUSBEE: I think it's a very fundamental

9 thing. For administrative purposes the courts of the state

10 are going to have to have -- to be able to adopt administrative

'z"

11

j:
...oat
Go

rules whether

they're

subject

to

review or not.

@!);~

SENATOR DEAN: Let's move on to -REPRESENTATIVE SNOW: Is there objection to deferring

!..14 consideration of this paragraph until our next meeting? t-

:~z:

15 011

GOVERNOR BUSBEE: All right. Paragraph II.

'"at
:;)

16 .~..

REPRESENTATIVE SNOW: Paragraph II deals with

Q

Z

17 =~ appropriations for the judicial system and the court system

18 reserves.

19

The General Assembly shall annually appropriate

20 sufficient funds for operation of the system for the next

21 fiscal year and for adequate facilities. Revenues derived

22 from operation of the court system shall be apportioned

23 between the state and the local governments as provided by

24 law.

25

SENATOR HOWARD: Move the adoption.

PAGE 237

A VOICE: Whoa.

2

GOVERNOR BUSBEE: There is a substantial change right

3 here. I think I'm going to be taking the Speaker's side on

4 this one, but it says the General Assembly shall annually

5 appropriate sufficient funds for operation of the system for

6 the next fiscal year and for adequate facilities.

7

Now, at present the fiscal laws that we have now,

8 of course, I have to submit to the General Assembly every

9 request that's made to me by the courts. All right. I have

10 ., no discretion .

z

.. 11 ~ o...

Then you have a right to adopt a budget that you

@);~j think is adequate. I submit to you that if you put the first sentence of this paragraph in that you'll relenquish this

14

~
I-

insofar

as

the budget

process would be,

that

determination of

':z":

15 .:I whether it's adequate or not.

~

;)

16 ~...

SPEAKER MURPHY: 't-Jhat I suggest --

Q

Z

17 ::

GOVERNOR BUSBEE: I would suggest we remove the first

18 sentence, I think it will be covered, and then adopt the last

19 sentence.

20

SPEAKER MURPHY: I've got no problems with that, but

21 I don't see anything wrong with providing the General Assembly

22 shall annually appropriate funds. The word "sufficient" was

23 what scared me to death. Who's going to say it's sufficient

24 whether it's us or the courts.

25

GOVERNOR BUSBEE: Do you really need the first

PAGE 238

sentence at all is what I'm saying. You don't have any other

2 operation of government, it's a general government, this is

3 one of the three branches

4

SPEAKER MURPHY: I've got no problems with taking it

5 out myself.

6

REPRESENTATIVE SNOW: Of course this is where we

7 were really thinking in terms of trying to fund things on the

8 basis of the state paying for all the judges and for such of

9 the facilities and all as we might determine we needed to

10 provide.
"%
11 j:
.'oG".o.
@;i

A VOICE: Mr. Chairman, I move we adjourn. A VOICE: We really ought to. GOVERNOR BUSBEE: The Chair observes a quorum is

14 ~I not present. We will stand adjourned until the next

."

:<Cr

15 ~ meeting.

"'";:)

16 ~...

REPRESENTATIVE PINKSTON: Mr. Chairman .

Q

%

<C

17 :

GOVERNOR BUSBEE: Mr. Pinkston.

18

REPRESENTATIVE PINKSTON: I suggest we've got one

19 more meeting scheduled on the 12th; right?

20

GOVERNOR BUSBEE: Let's get the time of the next

21 meeting.

22

REPRESENTATIVE PINKSTON: Do you think we can finish

23 it up, or do we need to have a Tuesday meeting too and a

24 Wednesday meeting to wind it up?

25

GOVERNOR BUSBEE: My suggestion is that we start at

PAGE 239

nine o'clock on our next meeting.

2

I can't be here on Tuesday, the Governors'

3 Conference will be in session. We suspended for the

4 legislators, so we will meet at nine o'clock on Wednesday

5 morning.

6

Let me ask you this. Please come prepared to stay

7 because I'm going to call the special session for the 24th,

8 and if we don1t finish this I will have already called the

9 session. I will have to do it for reapportionment anyway,

10 but if we don't finish this we can't consider the

CzI

11

j:
..'o."...

constitution,

so be prepared to

stay late on this

next meeting

9;1 we have on Wednesday. (Whereupon, at 3:55 p.m. the committee meeting

! 14 was adj ourned. ) Ii; :I:
15 q
CI
'":;)
16 ~... Q Z
17 :

+++

18

19

20

21

22

23

24

25

INDEX
Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on Aug. 7, 1981
\
\
\ \

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 8-7-81

Proceedings. pp. 3-4

ARTICLE I: BILL OF RIGHTS
SECTION II: ORIGIN AND STRUCTURE OF GOVERNMENT
Paragraph IX: Sovereign immunity of the state from suit. (State court of claims)

pp. 149-154

ARTICLE V: EXECUTIVE BRANCH SECTION III: OTHER ELECTED EXECUTIVE OFFICERS Paragraph IV: Attorney General; duties. pp. 168-170

ARTICLE VI: JUDICIAL BRANCH SECTION I: JUDICIAL POWER Paragraph I: Judicial power of the State. pp. 4-16 Paragraph II: Unified judicial system. p. 16 Paragraph III: Judges; exercise of power outside own court; scope ~f
term "judge". pp. 16-24 Paragraph IV: Exercise of judicial power. pp. 24-32 Paragraph V: Uniformity of jurisdiction, powers, etc. pp. 32-69 Paragraph VI: Judicial circuits, courts in each county; court sessions.
pp. 69-81 Paragraph VII: Judicial circuits, courts, and judgeships, law changed.
pp. 82-85 Paragraph VIII: Transfer of cases. pp. 85-89 Paragraph IX: Rules of evidence; law prescribed. pp. 89-96, 155 Admission to the State Bar. pp. 96-104, 156-168

Legislative Overview Committee 8-7-81 Page 2

SECTION II: VENUE
Paragraphs IV: Suits against joint obligors, co-partners, etc.,
and VII: Venue in third party practice. pp. 39-41, 54-58, 64-69, 104-120

SECTION III: CLASSES OF COURTS OF LIMITED JURISDICTION
Paragraph I: Jurisdiction of classes of courts of limited jurisdiction. pp. 104, 120-127

SECTION IV: SUPERIOR COURTS Paragraph I: Jurisdiction of Superior Courts.

pp. 128-135

SECTION V: COURT OF APPEALS Paragraph I: Composition of Court of Appeals; Chief Judge. p. 135 Paragraph II: Panels as prescribed. pp. 135-136 Paragraph III: Jurisdiction of Court of Appeals; decisions binding.
pp. 136-138 Paragraph IV: Certification of question to Supreme Court. p. 138 Paragraph V: Equal-division of court. pp. 138-139, 154-155

SECTION VI: SUPREME COURT
Paragraph I: Composition of Supreme Court; Chief Justice, Presiding Justice; quorum; substitute judges. pp. 139-140
Paragraphs II: Exclusive appellate jurisdiction of Supreme Court,
and III: General appellate jurisdiction of Supreme Court. pp. 140-148
Paragraph IV: Jurisdi~tion over questions of law frDm state or federal appellate courts. p. 148
Paragraph V: Review of cases in Court of Appeals. p. 148
Paragraph VI: Decisions of Supreme Court binding. pp. 148-149

Legislative Overview Committee 8-7-81 Page 3
SECTION VII: SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES Paragraph I: Election; term of office. pp. 171-192 Paragraph II: Qualifications. pp. 192-215 Paragraph III: Vacancies. pp. 215-219 Paragraph IV: Period of service of appointees. p. 219 Paragraph V: Compensation and allowances of judges. pp. 219-220 Paragraph VI: Judicial Qualifications Commission; power; composition.
pp. 220-225 Paragraph VII: Discipline, removal, and involuntary retirement of
judges. pp. 225-227 Paragraph VIII: Due process; review by Supreme Court. pp. 227-228
SECTION IX: GENERAL PROVISIONS Paragraph I: Administration of the judicial system; uniform court rules;
advice and consent of councils. pp. 228-238

DRAFT OF PROPOSED JUDICIAL ARTICLE RECOMMENDED BY SPEAKER MURPHY AT MEETING OF
LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON AUGUST 7, 1981

ARTICLE VI. JUDICIAL BRANCH
SECTION I. JUDICIAL POWER Paragraph I. Judicial power of the state. The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, and state courts, Superior courts, Court of Appeals and Supreme Court. Magistrate courts, probate courts and state courts shall be courts of limited jurisdiction. The General Assembly, however, may establish or authorize the establishment of municipal courts for the exercise of judicial power over ordinances violations and it may authorize administrative agencies to exercise quasi-judicial powers, which courts and agencies shall not be subject to the provisions of this article.
Paragraph II. Unified judicial system. All courts of the state shall comprise a unified judicial system.
-1-

Paragraph III. Judges: exercise of power outside own court; scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon the request and with the consent of the judges of that court and of the judge's own court under rules prescribed by law. The term "Judge", as used in this article, shall include justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created.
Paragraph IV. Exercise of judicial power. Each court may exercise such powers as necessary in aid of its jurisdication or to protect or effectuate its judgments; but only the superior and appellate courts shall have the power to issue process in the nature of mandamus, prohibition, habeas corpus, specific performance, quo warranto, and injunction. Each superior court and state court may grant new trials on legal grounds.
Paragraph V. Uniformity of jurisdiction, powers, etc.; overlapping jurisdiction. The courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. There shall be no overlapping jurisdiction, except as to superior courts. The provisions of this paragraph shall be effected by law within 24 months of the effective date of this article.
-2-

Paragraph VI. Judicial circuits; courts in each county; court sessions. The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall have at least one superior court, magistrate court, a probate court, and, where needed, a state court. In the absence of a state court, the superior court shall exercise that jurisdiction. Superior Courts shall hold court at least twice a year in each county.
Paragraph VII. Judicial circuits, courts, and judgeships, law changed. The General Assembly may abolish, create, consolidate, or modify judicial circuits and courts and judgeshipsl but no circuit shall consist of less than one county. The abolition of a judgeship shall be effective only upon the death, resignation, retirement or conclusion of a term of an incumbent.
Paragraph VIII. Transfer of cases. Any court may transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.
Paragraph IX. Rules of eVidence; law prescribed. All rules of evidence shall be as prescribed by law.
Paragraph X. Admiss:ionto State Bar of Georgia. Admission to the State Bar shall be as prescribed by law.
SECTION II VENUE
Paragraph 1. Divorce Cases. Divorce cases shall be brought in the county where the defendant resides, if a resident
-3,-

of this state: if the defendant is not a resident of this State, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation.
Paragraph II. Land Titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph III. Equity Cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suit:s Against Joint. Obligors, Copartners, Etc. Suits against joint obligors, joint promissors, co-partners or joint trespassers, residing in different counties, may be tried in either county.
Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or
-4-

like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the judge is satisfied that an impartial jury cannot be obtained in such county.
Paragraph VII. PoWer to Change Venue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law.
SECTION III. CLASSES OF COURTS OF LIMITED JURISDICTION
Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, probate, and state courts shall have such jurisdiction as provided by law.
SECTION IV. SUPERIOR COURTS Paragraph I. Jurisdiction of superior courts. The superior courts shall have jurisdiction in all cases, except as
-5-

otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, in cases respecting title to land, in divorce cases and in equity cases. The superior courts shall have such appellate jurisdiction as may be provided by law.
SECTION V COURT OF APPEALS
Paragraph I. Composition of Court of Appeals Chief Judge. The Court of Appeals shall consist of not less than nine judges who shall elect from among themselves a Chief Judge.
Paragraph II. Panels as prescribed. The Court of Appeals may sit in panels of not less than three judges as prescribed by law or, if none, by its rules.
Paragraph III. Jurisdiction of Courts of Appeals; decisions binding. The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents .
. -6-

Paragraph IV. Certification of question to Supreme Court. The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound.
Paragraph V. Equal division of Court. In the event of an equal division of the Judges when sitting as a body, the case shall be immediately transmitted to the Supreme Court,
SECTION IV. SUPREME COURT
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; quoruIIl; substitute judges. The Supreme Court shall consist of not more than nine justices who shall elect from among themselves a Chief Justice as the chief presiding and administrative officer of the court and a Presiding Justice to serve if the Chief Justice is absent or is disqualified. A majority shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge may be designated by the remaining Justices to serve.
Paragraph II. Exclusiveappellate jurisdiction of Supreme Court. The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following
-7-

cases: (1) All cases in which a sentence of death was
imposed or could be imposed; (2) All cases involving the construction of a treaty
and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question;
(3) All cases of election contest; and (4) All civil cases in which the state or one of its agencies or officials is a principal party.
Paragraph III. General appellate jurisdiction of Supreme Court. Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following class of cases:
(1) Cases involving title to land; (2 ) In all equity cases; (3) In all cases involving wills; (4 ) In all habeas corpus cases; (5 ) In all cases involving extraordinary remedies; (6) In all divorce and alimony cases; (7) In all case~ certified to it by the Court of Appeals. Review of all cases shall be as provided by law.
Paragraph IV. Jurisdi:ction Over questions of law from state or federal appellate courts. The Supreme Court shall
-8-

have jurisdiction to answer any question of law from any state or federal appellate court.
Paragraph V. Review of cases in Court of Appeals. The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great public importance or in which members of the Court of Appeals are evenly divided.
Paragraph VI. DecisiohS of Supreme Court binding. The decisions of the Supreme Court shall bind all other courts as precedents.
SECTION VII. ATTORNEY GENNERAL
Paragraph 1. Electiohi term of office i qualifications i compensation and allowances. The Attorney General shall be elected as provided in this Constitution for executive officers for a term of four years. The Attorney General shall have been admitted to practice in the Supreme Court for seven years. The
-9-

compensation and allowances of the Attorney General shall be provided by law and shall not be decreased during an incumbent's term of office.
Paragraph II. Duties. The Attorney General shall provide legal representation and advice and perform such other duties as provided by law to any branch of government. The Attorney General shall be an officer of each court and shall perform the duties attendant thereto and shall represent the state in such civil and criminal cases as may be required by the Governor.
Paragraph III. Disciplirte,re:rnoval and involuntary retirement. In addition to the provisions for discipline, removal and involuntary retirement by the Judicial Qualifications Commission, the Attorney General shall be subject to the same constitutional provisions therefor as apply to executive officers.
SECTION VIII DISTRICT ATTORNEYS
Paragraph I. Nu:rnhe:r;ter:rn Of office; qualifications; vacancies; compensation and allowances. There shall be a district attorney for each judicial circuit who shall be elected circuitwide for a term of four years and shall have been admitted to practice in the Supreme Court for five years. The district attorney shall
-10-

serve until a successor is duly selected and qualified. Vacancies shall be filled by appointment of the Governor. An appointee shall serve until January 1 of the year following the next general election which is more than six months after such person's appointment. The compensation and allowances of the district attorney shall be provided by law and shall not be decreased during an incumbent's term of office.
Paragraph II. Duties. The district attorney shall represent the state in the superior courts of his circuit and in all cases appealed from his circuit to the Court of Appeals, and the'Supreme Court, and shall perform such other services as provided by law.
SECTION IX SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES
Paragraph I. Electionsiterm of office. All judges shall be elected on a nonpartisan basis for a term of four years beginning the next January 1 after their election.
Paragraph II. Qualifications. All judges except those of magistrate or probate courts shall have been admitted to practice in the Supreme Court for seven yearsi those judges who have not been admitted to practice in the Supreme Court shall
-11-

complete periodic judicial training as prescribed by law as a condition of holding office. All judges shall reside in the geographical area in which they are selected to serve.
Paragraph III. Vacancies. Vacancies shall be filled by appointment of the Governor.
Paragraph IV. Period of service of appointees. An appointee to an elective office s~all serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.
Paragraph V. Compens:ationandallowances of judges. All judges shall receive compensation and allowances as provided by law which shall not be decreased during the incumbent's term of office.
Paragraph VI. JUdicial Qualifications Commission; power; composition. The power to discipline, remove, and cause involuntary retirement of judges, district attorneys, and the Attorney General shall be vested in the Judicial Qualifications Commission. Its membership shall include at least one judge selected from and by every class of court except the Supreme Court, at least one district attorney elected by the district
-12-

attorneys, the immediate past-president of the State Bar of Georgia, and at least two nonlawyer citizens appointed by the Governor.
Paragraph VII. Disciplihe, removal, and involuntary retirement of judges, district attorneys and Attorney General. Any judge, district attorney, or the Attorney General may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
Paragraph VIII. Due process; review by Supreme Court. No action shall be taken against a judge, district attorney, or the Attorney General except after hearing and in accordance with due process of law. No removal or involuntary retirement shall occur except upon order of the Supreme Court after review.
SECTION X JURY TRIAL
Paragraph 1. Right of Trial By Jury. The right of -13-

trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court.
Paragraph II. Selection of Jurors. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright people to serve as grand jurors, and intelligent and upright people to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors.
Paragraph III. Compe;nsa"tion of Jurors. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties of this State.
SECTION XI GENERAL PROVISIONS
Paragraph I. Appropriations for judicial system; court system reserves. The General Assembly shall annually appropriate funds for operation of the JUdicial system for the next fiscal year and for adequate facilities. Revenues derived from operation of the court
-14-

system shall be apportioned between the state and the local governments as provided by law.
SECTION XII TRANSITION
Paragraph 1. Effect of ratification. On the effective date of this article:
(1) Superior Courts shall continue as superior courts.
(2) State Courts shall continue as state courts. (3) The Civil Courts of Richmond and Bibb counties and the Municipal Courts of Savannah and Columbus shall become and be classified as state courts. (4) Probate courts shall continue as probate courts. (5) Municipal courts not otherwise named herein, of whatever name, shall continue as and be denominated municipal courts. (6) County courts, justice of the peace courts, small claims courts, and magistrate courts operating on July 1, 1984, and the Recorder's Court of DeKalb County shall become and be classified as magistrate courts. (7) From and after July 1, 1984, Article VI shall
-15-

govern the judicial branch. Notwithstanding the provisions of Article VI or the laws effecting same, each judge holding office on that date shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction, except that superior court judges than incumbent of eight-year terms shall be eligible for selection to eight-year terms. Each court not named herein shall cease to exist on July 1, 1984, or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.
-16-

MURPHY AMENDMENTS
By adding at the end of Article VI, Section 1, paragraph 1, the following: "Juvenile Courts will continue as now or hereafter prescribed by law." By striking from Article VI, Section 9, all of Paragraph 1, and inserting in lieu thereof, the following paragraph 1:
"Elections; Term of Offi:ce. All judges shall be elected on a nonpartisan basis for a term of four years except the Justice of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January I after their election. All Juvenile Judges shall continue to be selected in the manner they were selected upon the adoption of the Constitution and until otherwise provided by law."
-17-

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON AUGUST 7, 1981

~.

COMMITTEE MEMBERS

GEORGE BUSBEE GOVERNOR CHAIRMAN

ZELL MIL.LER LIEUTENANT GOVERNOR
THOMAS e, MURPHY
SPEAKER. HOUSE OF REPRESENTATIVES

ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT

J. KELlV OUILL.IAN

,

CHIEF JUDGE. CQURT OF APPEALS

ARTHUR K. BOL.TON ATTORNEY GENERAL.

MARCUS S. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23M 47 TRINITY AVENUE ATl,.ANTA. GEORGIA 30334
404/656-7158

COMMITTEES MEMBERS
AI.. HOLLOW"'V SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROV [BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WA VNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H, EDWARDS SPECIAL COUNSEL.
J. ROSIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL. JR. ASSISTANT EXECUTIVE DIRECTOR

ARTICLE VI, JUDICIAL BRANCH
Table of Contents
Article Committee Proposal Present Constitution Cross-Reference Table, Present to Proposed Provisions Commentary Additional Staff Recommendations

G) Pages @ Pages @-@

@ Pages

@

@ Pages @

Pages @-@

HUUSELl.J2dAEl

1)

2

CO'1l11ittee to R"!vl<;e t'l"! J"dlclAl .\rtir:l"

II

3

Octel:-J"!r ;>'7, 1980

I)

4

ART! eLF.: v I.

14

5

JUDICIAL BRANCH

15

6

SECT ION I.'

16

7

JUDICIAL PO'~ER

17

d

20

y

judicial power elf thp. statp. <;'1"111 be v""t"Hi pvcl,,<;lvel'l 1'1 21

10

tne following cla5se5 of courts I maqi5trate court". ~rnhat"! ?<

II

courts, and state courts, all of which cla<;se<; s~"1l1 he 23

12

lirnitp.d jurisdiction courts; suoerior cOtlrts, w'lic'l s'1'\1.1

13

include a juvenile or familY court division; Court nf 2 11

14

Appeals; and Supre'lle Court. Thp. General Assembly, ho~p.vp.r, <5

15

may establish or iwthorlze the establishment rJf llu'1ici!1al <6

16 courts for t'le exerci59 nf Judicial power nvcr oriin'lnce

17

violations and it "1av Eluti"wrize ad'ninistr9tive a )"n<:i",; t:J 27

ld

exercise quasi-Judicial On"l"!r5, "Ihich cnl'rt" 9W:l a Je'1ci"!<; 2"

lY

"hall not be 5ubj"!ct to t'le orovi<;ion<; of this ~rticl~.

2;

20

paraqr:IO'1 II. U-rll.1..iJi.d i',dicill-S.::L5i21. All court<; 31

21

of the statp. s~all comorise a unified Judicial system.

32

?2

ParagraPl1 III.

34

23

mtrLcourtj sco?e of t'lrm "judJ!i~ Provided the

35

24 otnerwise Qualifiea, a Jud]e may exercis'l judicial nower in 3">

25

9ny court uoon tne request and wit, the cons"nt :Jf th"! 37

26

judges of tn3t court iln'i of the jucae'<; OW'1 C01Jrt 'J'1'].,r

27

rules prescrE)ed by the Suore!'1"! Court. The ter"'1 'f j'Id]'!," "S 33

28

used in this article, shall inclujp Justice<;, jud]es, 5"!nior 3)

2~

Judges, magistrates, and ev"!ry other such jUdl<:ial offlr:e :Jf 4:)

30

whatever nall~ eXisting or crp9ted.

31

'.::ach 12

32

court milY "lxerC i se such oowp.rs 3S necessarv in,id of its 43

- I-
(I)

jurisdiction or to orotect '1r eff~ctuate its .iud~'11O!nts; hilt

2

only the suoerior and a~oellate cnurts shRll hRve thO! nnwpr

3

to i'5sue process in the nRtur'! 0t rnclnc"Imus, or'J"ibitinn,

4

haoeas cnrpus. specific o"!rfor"l'lnce, .'HIO ...,arr3ntf'). "Ind

5 injunction.

6

Par"lqr'loh V. Vnifor]ity nL-~LL~l~io~~',ers~ 4P

7

P, tc. ; de,. novo tri als; aye ria oQ1nC-.lw:~Q1U1illlLvP'Ol1'l.. ThO! ,19

8

courts ot each Cl3SS and th3 juvenile or fanilv division of 50

.;

the suop,rior cnurts shall have unitor'l' juris-:1ictioo, ')o'.~p,rs. 51

10

rules

of practice 'In-:1 orocp.dllrp"

and selectinn.

"

qualifications. terms. Rnd discioline nf judaAs. rORre 52

\2

sh'lll be no de novo trials in civil cases aod. exc~ot "IS tn 51

13 su,.,p,rior cOllrt'>, no nverlao')ing Jurisdiction. Venue <;'1"111 1)4

14

be provided by law. The prf')visions of this Para~raoh shall

15

oe effected b, la~ nr bv rule within 24 months 0t the 55

16 effective datp. ot this Article.

17

Paraqrar>fl VI. ..lll.Q~UL~irJ;.ill..t.ll cnurts in P'''lCl 57

18 county; s;:ourt sess.lQ.Qs. rne state sh"lll be rlivi::fe'i iotf') 53

1'1 judicial circuits. each of which shall consist nf n,.,t less 59

20 than one CQunt'l'lnd sh"lll b'l comori'5ed of all court, in th3t

21

circuit. E'lch cOIJnty shall havp, at least one '1aqistr"lt"! 60

22 court, a probate court, "lnd, whp,rp, np,eded. a state court. 6\

23

In t'1e absence of 1'1 stl'ltt'! court, the sllnerinr cOllrt shl'l11 62

24 exercise that Jurisdiction. Each circuit shAll hRve "It 61

25

least one suoerior court which sh"lll holr! cOllrt 1t least M

26 twice each year.

27

Paragnph VII. JtJdiciU-~i.rc!lits. a , r t s . "llli:f 66

26

Judgeships . ..1.ll-_changed. Tht'! Gener",l Assemblv. UOf')n 67

2.,1 certification of nl'lct'!s5ity by the Suoreme C.,llrt. "lRV 68

30

abolish, create, consolidate. or !Tll')dify judicial cir~uits

31

and courts and JudgA5hios; but nn circuit 5~~11 cf')nsist 0t 69

32

less than one county. The lbolition 01' '" JIJ:jql'lshi!) sh'311 be 70

33

effective only uoon the doath, resignatinn. rBtirB~e,t. 0r 7\

34 conclusion of term ~f an incumbent.

- 2-

t:>aragraph VIII. USl.Ds.Iar of cases. Any court l'Ilay 73 2 transfer to the aopropriate court in the st3te any case in 74 3 which it determines that jurisdiction or v~nua lies 75 4 elsewhere.

5

SECf!oN I I.

78

6

CLASSES OF COURTS OF LIMITED JURISDICTIo"J

79

7

Parl'.lgraph I. .ll.!~1..C.li,gn of classes of CQurts -.Q.t. 82

8

limited -lYL~dictiQo. The maqistrate, probate, and state 81

9 courts shall h3ve such jurisdiction as provided by law.

84

10

SEcnoN II I.

87

II

SUPERICiR COURTS

98

12

Paragr3ph I. .l.w:..1.s..d1st.i.1Qn of sW2U~Q.!.lL.t..s... Thp. 91

13 superior courts shall have jurisdiction in fill Cl'1sp's, excp.ot 9?-

14 as otherwise provided in this Constitution. T'1ey shall have 91

15 .xclusive jurisdiction over trials in fp.lony cases_ in cases 94

16 respecting titl~ to land, and in cas~s where the al'llount in 95

17 controversy exceeds 5100,000.00. There shall be'! .illv~nilp.

18 or family division of the superior courts to w~ic~ sh'!ll be 96

19

assigned Juv~nilB matters and suc~ other m'!tters relatin] to n

20 the family AS providerl by law. The suoerior courts shnll

21 have such aopellate jurisdiction, either alone or bv circuit

?-2 or district, as may be provided by law.

c)9

23

SECTION IV.

102

24

COUqT OF APPEALS

103

25

Paraqr30h I. Cnm:')l1all2rL...2L-CQurt of A')O)ells.i. I 06

26 Chief Judoe. [he Cnurt nf 4.r:>peals s':1all consi5t of not les<; 107

27

than nine Judges whn shall elect from aMl1nq the~selves a 109

28 Chi ef Judge.

2',1

Paraqrao,\ r r. ~LSl.5.-Dresalli~. Thp. Court of 11 'J

30 Apoeals may <;i t in oanels of not less than t~rp.e Jui]p.s "1<; 111

31

orescribed bv law or, if :1onc, bv its nlle5.

- .3 -

Pan'l~r'loh rII. Jtldsjict.1.Q.rLQi.J&1!.r.L.....Q.L Armealsi 11 3

2 ~tlons bindino. [he Court "f 4.'l119'lls shAll he '1 court "f 114

3 review and sha 11 exercise

1\5

4 jurisdiction i'1 311 casp.s not res'lrved to the 511:->rert1e Court

5 or conferred on other courts by law. Review"f civil CASP.S 116

6 sh'lll bp. by a"pllcation for certinrari. The decisi"ns of 117

7 the Court of Arpeals insnfar 'lS not in conflict With those 119

8 of the Suoreme Court sh'lll bind 311 cOflrts e\(CAot the 1\9

..;

~upre~e C"urt AS orACAdents.

10

Paragra::>h IV. Coe rU t1 cat ion Q.L..Q!.!.B.st i on to 5urU:ll.'ne. 121

11 ~. The Court of Aooe'lls may certify a Questinn to the 122

12 Supre~e Court for instruction, to which it shall then bp. 123

13 bound.

14

SECTI'lN V.

126

15

SUPREME COURT

127

16

Paragraph r. CQ'DJ2..Q-tl.Uon of Supreme CQ\U:J;,~b.W 110

17

1JJll~U P[esiHn;] Jpstice; quorum' s~Ut..u.k...J.ud?es. The 131

18 Supreme Court shall consist of not rt10re than nine JustlcAs 132

19 who shall elect from among themselves a ChiFlf JustiCA AS the 113

20 chief oresidin~ and administrative officer of the court and

21 a Presiding Justice to serve if the Chief Justice Is absent 135

22 or is diSQualified. A majority shall be necessary to hear 136

23 and determine C3ses. If a Justice is diSQualified in 'lny 137

24 case, a substitute judge may be desiqn'lted bY the remaininq

25 Justices to serve.

26

Paragraoh II. E..xtlus,ive a?Qellate lurisdis;tiQn of 139

27 Syore]e Coyrt. The Supre~e Court shall bA a court of review 14)

28 and shall exercise exclusive 30oAllatp. Jurisdiction in the \4\

29 following cas<>.s:

30

(1) 4.11 cases in which a sentence of je'lth was 143

31

imposed;

32

(2) ~ll cases involving the construction of a 14:;

13 treAty and all cases in which the constitutionAlity of a 146

- 4-

law, ordinance, or constitutional provision ~as b~en 1ra~n 147

2 inquest ion;

3

(3) ~ll cases of election contest! and

I -1 )

4

(4) All civil cases in w~ic~ the state or o~e of I "il

5 its agencies or officials is a princioal nartv.

\');>

6

Paraqraoh III. WHal aopellate -lJ.u::.isdiction nf 154

7

SUQre]a-~2Yr1. Unless otherwise provided by law, the I ')5

8 Supreme Court snaIl have aODellate jurisdiction of cases 15~

Y

involving wills, specific Derfor~aoce. title to lan~. 1'17

10

injunction, ~3ndamU5, ~uo warrantn, and prohibition. Review

II of civil cases shall be by aoolication for certiorari.

1'1'3

12

Paragra!':lh IV. Jurisc1iction ov~r QU~1.QJli.....Qf.-.l.2..\i 160

13

~ state or.J.~eral a!2lU.l~_coyrts. The Supreme COllrt. 161

14 shall have jurisdiction to answer any Question of law from 162

15 any state or federal aoeellate court.

16

Paragra;Jh V. [Leyiew of case5....iD-Cill.!.r.LQ.LA.2!utl.s... 161-

17 [he Suoreme Court may review by certiorari Cilses in the 16,

18 Court of Aopeals which are of Jravitv or great oublic 1 '<''5

19

importance or io which r.1e~bers of the Court of A"meals are 1'57

20 evanlv divide1.

21

Paragraph VI. Dec i S iQos of ~m:tl!!J!LG2w::..t.-l21l:J..j.ir:u. 1'<')

22 ihe decisions of the Suereme Court shall bind all otiler 17'J

23

courts as orecedents~

24

Paragrapn VI I. M~...Q.f~de.Q.l;.e; law !ll:esc~.

172

2:5 fne Suore"le Court shall prescribe rules of evidence felr all 171

26 courts, which rules shall be eff~ctive unless and until 171-

27 changed by the court or vacated bv a two-thirds' vote in 175

28 each house of the Ueneral Assemblv.

29

Paraqraph '/ I I I. ~11l.U~QlLi!L~1.;lia.JiaLo-fJ,;er.,LJ,.LJ.i. 177

30

:::!i~i.2li.Ll'i.-2i_ attorneys. Tne Suore'1e Court shall '0'1 rule 11'3

11

Jovern admission to the State Rar of Geor~i3 and the In

32

o f d i 5 c i ~ l i n e

3tt~rnev~.

13

SECfION VI.

1:12

34

AHOR'lEY GE:'lEflAL

1'31

- 5-

I-' A r "lqr-:m '1

I

~t i 0 Q i t ~a1.- -2if.ift1

2

':llId I i fie at i ODS i C'1iTIrJe nSAti.2!L.an!.L.:tlillm~.

['1P At t"rn o v

1 'Jenp.ral shall be elected A~ nr"vfJp.d in t'1ic; Constit'jti'"l'1

4

tor executive 0fticers t0r a tp.r~ of fnur yearc;. The

5 Attorney Gener'll shAll hAve op.en ~dmitted to oracticp in t'1p

:3u;::Jre'1e CO'jrt tor c;even '1ears. The cnl1np.ns'lti0n 'lnr! In

7

'llln~ances nf toe Attornev Jener'll s,all be crovidp.ri hy law 191

8 and shall not be dp.crp''lSed durinl "In incumbent's term of In

<)

office.

10

Par'lgr'lph I I. Duties.. Thp. AttorneY Ge"leral sha 11 1~4

II be the chief leq"ll nftic'lr of the state and shall prnvidp. )15

12

lp.JAI represp.nt"ltion and advice and rertorm c;uch '1th o r 1 ) 'i

13 dutip.s as oroviJed by la~ to any branch nf qovp.rnmp.nt. The

14 Attornp.'1 General c;hall bp "In officer of P'lch court and shAll 197

15 oerton the dut ip.s attend3nt therp.to and sha 11 renresent thp 198

16 statP. in all civil c'lsp.s and in criminal cases 'l'/'1en r'!<1l1irp.d 109

17 by thp. Governor.

Itl

Paragraon III.

U1~~~1

rp.~Qyal.

'lad 201

19

iOYQ~n1~-I~~. In addition to thp orovisi0ns fnr 202

20

discipline. re'l1oval. And involunt3rY retin~ment 0'1 toe 201

21

Judicial Qualifications Co~mission. the AttorneY Generi'll

22 shall be subject to the same constitutional provisions

23 therefor as aooly to executive officerc;.

24

Sl:CTION V r r.

207

25

OISIRI CT ATfORNCYS

28,'3

26

Paraqranh r.

I.l.N.u..'."lm.h.."."p..r.....I._ _.t.e..!:.m_ _21.- _'2f.tll.a1 211

27

'J!J.iil.i f i c at i Q!lll- vj.l c anc i e s.L ..Q,'!!Qe nsa t!.QO- ~_:Ll.l.!2:v'l DC e s. 212

2d {here shall be a c1i'5trict attornev for P'lcf) judic! '11 circuit. 211

29 wtlO snall be elected circllitwi1P' f"r 'l tp.r'll "f tour yeArS

30

and shall have bp.Rn ~d'llittp'j to nrActiC9 in tnP. Suore~e 211

11 Court for fivp. yp.Ars. [he dic;trict attorneY sf)A1l servp 21')

12

lIntil a Sllccess,r is dlliv selected and '1ualifip.d. '!AcAnc!~c; 21'S

i]

shall be tilled by annointmpnt of thp '~Vp.rn0r.

An

- 6-

appointee snaIl serve until Janu3ry I of th~ yAar followina 217

2

tne next general elAction w,ich i~ mor~ tha~ ~iv m0'1th~ 21'1

3

atter such o~rson's aooointment. rhp comoen~3ti0n 3n1 21 .;

4

allo~3nces of thA aistrict attorn~v shall be orovi1ed hy law

':i

and shi'lll not, '-)e decreased durin'] em incumbent's t~rm of 22:)

6 0Uice.

7

Paragraph II. Ulllias. ThA district attorney shall 2/2

tl

represent the state 'in the ~uoerior courts, the Court of 221

Y ADpeals, and t'1~ Sunreme Court, except ..,hen the <;t'lte I ~ 224

10

reore~ented by the Attorney General, and sh311 oerform SllC") 22')

II other services as nrovided ov law.

12

SECfI()~ VIII.

223

13

SELESTIoN, fEWl, COMPEN5Af!ON, AND DISCIPUNE OF JIJ'1GES

229

14

Par'lgrflO"'l I. Elp,ctionj term of-!l1iiU. All Judges 2 ~2

15 sh'lll be elected on a nonpartisi'ln basis for a term 0f six 211

16

years beginning the next January 1 i'lfter their el~ctionl 234

17

proviJed, ho'~ever, that jtld]es '1t cotJrt~ of li"li ted 2.13

16

jurisdiction may by law be elected or may be ann'1i~t~d from

1'1 nominees certified as aualified bv a judicial oomlnatlna

20

commi~sion or commissio'1s and may hy law he live~ shorter

21

terms.

?2

Paragnoh II .Giililllficat!Qns.. All jUri]OC; exceot

23 those of ma:::jistrnte or ::lrObilte COIJrts c;hdll have oeen 24)

24

admitted to nractice in t'e Suore~e ~ourt for c;even VR3rsl 241

25 those judges who have not been admitted to oractlce i~ the

26

Sucre"l! Court s,all comolete oAriodic JudiciAl tr3ini~1 ~<;

27 ,)rescribed by SIJDrf!me Court r~le as a condi tion or '101'iinl 2n

2'"i

':lftice. All .i(j,j~es s"all n~side in the !eo1r~nf)ical "lr"a in 244

29 whicn they are salected to serve. No juri"e shall "n931e in 21'3

.10

the ~r3ctice of lAW

31

Para:j;'lnh I I I. . u,canci '75. 'Vacancies stnll be 247

32

till,,~ by 3nnJint~ent or the Gnver~or

frn~

n'1~lno,,<;

24'3

13 certified as lU3lified bv a judicial nOl11in'ltin'1 cor"ni<;sion 21)

- 7-

which sh~ll '1e cr3"lt'>.d '1y the Gnvernor. eXC!'1t t'V'lt 24)

2

vacanc ies i'l limi ted juri~::l1ction courts ~h,ll b" fi 11"'"1 by 2') )

3

the C>overnor or ov another ')')Qointin'l ~l'Jent fr")m n")"'in 0 3<; 2')1

4

certilied as Walifi"d by A judicial nominating c0mni"si'"Jn

5

or com~issions ~s orovided by law.

Puragraoh IV. PeriQQ of servi~-2DU2iJ1~. An 254

7 apoointee to an elective office shall serve until

2'1')

8

successor is d'Ily selected :md qualified and ,mtil Janua~v

2')6

<)

of t~e year following the next leneral election which is 257

10

more than six '1onths i'lfter SllC:, oerson'~ aoooint'nent.

11

Para.;Jr"lp:. If.

~'ll.Q.P....o..s..a..t..1..Q.Il-2nci_-ltll.Qw"Inc'! s -2f.

25?

12

judoes.

All iu'"1ges shall receive comoens"ltion "lnei 26)

13

allow3nces ~s ?rovided by l"lw whic~ s~all not he decreased 261

14 during the incumbent's term of office.

15

Para'lr3ph VI. Ju;1ici"ll Q\lal1.t~ions C;?'I'l!ll.s.212r:u 261

16

Q.Q:i.fl.ll~rnDQsit1on. [he oower to disc1oline. re'11QV3. "lnci 264

17 cause involuntary retlre'Tlent of Judges. district I'lttorn'lYs, 265

18

and the Attorney. General shall be vestRd in the Judi cial 2M

1<)

lualifications Commi~sion. Its membershio shall include at

20

least one judge selected from and by every class 0f court 267

21

except the Suoreme Court. at least nne di~trict attorney 20'3

22

e lec ted by the district attorneys.

i m"1eiiate

2.'3

past-president of the State B"lr of (~orQil'l, "lnci at least tW0 ~6';

24

nonlawyer citi'l:en'1 1l0110intAi by the Gnvprnor.

?7'J

25

Par'3qrgoh

VII.

msc1pl1ne.

27'2.

26

lax.Q..l.!,m.t.E.I:L~t 1 rem e nLQi-l!.!dq e 5 fu.t.J:itl i'l ttQ.l:.D.E.~.a--3lld

271

27

Attorn~ .J&..1lillL. Anv judge. district att~rnev. or the 274

2d

AttorneY Gener31 ~aY be re~oved. susoended. or 0t1p.rwise

2.,1

disciolined for hli llful misconduct in office, or for wi llf'll

30 and :')ersistent fai lure to oerform the duties of 0ffice. or 276

31

for naoitual intemoerance, or for convicti0n of a cri~e 277

32

involving mor31 turpitude. Any judge mav be retire1 for

11

disability whic:1 constit'Jtes a ~eri()lIs And lik'>.ly ner~"lnpnt 273

14

interference '~i th the pqrform,"Inc'l )f tf'Je duties '"Jf 0ffice. ?n

1')

fne Su;.>re':1e CO'lrt sh'lll 'l-Jo..,t rule" of imnlernentati0n.

Paragraph VI I 1. 2!..I.!L-.....Q.I:.~~L...r.evi9"/ "w:ilm!:~ 2'31

2 W2lJ.tl. i~o 3cti"ln shall bq tAk~n a:J,;;lin<;t a j'rrlq'l, dio;trict 2 '32

3

attor~9V, or the Attorney General excent aft~r h91ri~~ nnrl 2''1<

4

in accordancp. '.'Iit') d~le Droce<;s of law. No rem"lV"ll 0'-

5 involuntary reti rarn9nt snaIl occur exceot U00'l ord"ll'" 0f t'l"l

6 Suoreme Court atter review.

2fl'1

7

SEcrWN I X.

2"19

d

G!::~IL:RAL PROVISIONS

y

Pangranh 1.

A.Q!!!.inistri'ltion QL...t.J:l.fL--l:~Ul. V2

10

~~j rilles ?f atactice aad Qm~d!.!.l:'fl._ etc. j -ilii'L1.~.....:3o.d 291

1\

~D..S.~_t_-S2i.- council<;.

rhO! judicial s\fstem e;hall h" 2;l1

12 administered hv the Sunreme Court, as provided in t'1is

13 Para1raph. ~ot m!')re than 24 months after the effective datq 29')

14

hereof, and from time to ti~e there'lfter bv 3~end~e'lt, toe 296

15 Su~re~e. Court shall, with t'le advic"l and c0nsent ,.,f the 297

16 c.ouncil of the affected clase; or clae;ses 0f trial COIIl"'tS, bv 293

17 order adopt and Qublish rules of nractice ;;lnd procedure,

It! recorci k99pinq, ano schqdules of cost." ",hic'l "hall "''''''lvide 29)

19 for the speedy, efficiqnt, and in"xo"nsive resolution of .10:)

20

disputes and ol"'o"ecutions. Each c0uncil shall ~e co~oriseci 101

21

of all of t'le judges of the courts ''If that clase;. r'l~

22 General Assembly may by resolution aooroved by tW0-thirde;' 3 ~)2

23 vote in both H,.,use and Senate vacate ;;lny rule.

301

24

Panjr'3oh II. A..2Jlr.~ri;;ltiQD.Lf.Q.r j'jdiC;i3) svsteC1j 105

25

~.u:t "ystO] rl.:i.tl~. ['he General Ac::semblv sh'lll A'1nu"llly 1")1)

26

aooro~riate sufficient funds for ooerltion of th" svste~ fjr '107

27 trIP. next fiSC'll veal'" .'!nd for ad!,!f'!lJ'lte facilities. RaV!,!,"J2S

28 deri'/ed fro'll :Jperiltion of the COIJrt svo;te"1 c::hall h" 109

29

apportioned ~~t~qen the state a~d the local ,ov~rn~ents 1'1<; 10>

30

orovi1ed by la~.

11

SESrrr)~1 X.

112

12

L/\'IS ITIo"l

111

- 9-

ParagrDh I.

f)n the)

2

effective date ~t t~is Articlel

3

(I) :lljn:~ri0r c0urts<;h~11 cnntinllp. oS 5w,,"-ir.>r

3 1'J

4

courts andluvenile courts s~all bRCO~q ~ ~[vi5if)n r.>t the 31)

~

sU0erior courts of thRir resORctive circuits.

6

(2) St9te courts s'191l c0ntinlre as state c01lrts.

7

(3) [~9 Civil Courts of Richmf)nd and Rih~ counties

d

'3nd the ,;\lInicio'3l Courts of Sav3nnah 'lnd COIU"''1'lS s~'lll

y ;)eco"le and be classified 35 st<lt!'! corlrts.

10

(4) Probate courts shall continuR 85 prob'lte

11

courts.

12

(5) ~unicipBl courts not ot~erwise named herein.

13 of ,.,natever na'1le, 5h311 continue as and bf! de'1ornin9tRrf

14 "flunic inal cO'lrl:s.

15

(6) County courts. justice of thp oeBce Cf'JIJrts,

16 small claims cf)urts, and '1la]istr'lte courts ooeratin] f)n Julv

17

I. 1~84, and the Recorder's C'ourt of nKalb County S'1A 11

13 oecome and be classed as '1lagistrate cOllrts.

I}

(7) Fro"fl and after .Julv 1. 19A4. Artic lR VI 5h"l11

20

Jovflrn the ju:/icial branch. Not'''it~st'lndin1 t'1e ,wolfisi""ns

21

of Article VI 0r the l'lwS Affpctin1 SB'1lR. each j.01e hf)ldina

22

office on t"'l''1t d'ltfl shall continue in officfl Ilntil the

21

p.xpir"ltion of thfl ter'1l of office. as a judq'! of thR court

24

~avin1 the S"I"fle or si'1lilar jurisdiction. RXcof)t th'lt

25

sUDerior court judges thfln incumbpnt of Ril)ht-year term"

26

shall oe eligi'1le for fllfletlon to flight-year ter~s. Each

27

court not named '1erflin shall cease to exist on Julv 1. 1}84 ,

2:3 or ilt the flxoiration of the term of thfl incu'1lbent jw:f0e,

29

whichflver is ldter; and its jurisrfiction sh'll1 i'lIlto'l1atica llv

30

QoSS to the ne'" cOllrt 0t thp. Samfl or similar Jurisdicti,..,n.

11

in tOfl abSflnC'l nt "'hich COilrt it shall nas" t'"l th~ 5w)"r1or

12 court.

- 10 -

AJ:tT~CLE V.I.

220'

2

JUD.ILIARI

;.:~O;

3

SECT.ION I.

220L

4

COURTS ENUMERATED

220!

5

Paragraph 1. ~ou.cts Enume.cat~d. The judicial 220~

6

povers o~ t~is State saall be vested in a Su~r~me Court, a

7

court of Appeals, Superior Courts, Probate Courts, Justices 2211

8

of the Peace, Notaries Public ho are ex-oft~cio Justices of 221;

9

the Peace, and such otber Courts as have beea or may be 221~

10 established Dy la.

221L

11

l'a.ca",.cafh l.l. Unified Judicial ,jystem. For the 221.

12

p urpost.!s of aalllinistration, all of the courts of tile State

13

shall be a part of one unified judicia~ system. The ;l2 1~

14 administration of the unified judicial systelll shall be as 222C

15

provided by law. As used herein, admiaist.ration does not 222'

16 include abolition or creation of courts, selection of 222;

17

j IJiges, or jurisdictiollal povisions other than as otherwise

18

authorized in this Constitution. The adlllinistration 222L

19

provided herein shall only be perfomed by the unified 222~

20

judicial system itself and shall not be administered to or

21 c cmtrollea by any other departmeat of Govecnllent.

222'1

22

SEC:rION II.

222S

23

SUPREAE COURT AND COURT OF APPEALS

223(;

211

Paagraph 1. ~~ourt Justices; QUO,UIII. The 223~

2S

5 upreme Court shall consist of seven associate justices, who 22JIl

26

shall ~roll tille to tilDe as they may deem "roper, elect one 22.J~

27

of their lIellbers as Chief Justice and on~ as presiding 2231

28

Justice. :rhe L:hief JustiCE! so elected by tl.e other Justices 22JE

29 shall be the chief p.cesidiny and administrative officer of 2235

30

the court, and the presiding Justice, elected in like 2240

31

manner, shall perform all. the duties devolVing upon the 2241

- 61 -

Chief Justice, ~neD be ~s absent or Qis~ual~tied. A :l2 III

2

majority ot tile court shall constitute a quorull.

2243

3

Paragraph II.

Court to Designate Judges to 22115

Il

~~si~~~B. When one or more of the Justices of the 2246

5

supreme Court are disqualified from deciuing ant case by 2241

6

interest or oth~rwise, the qualified Justices shall 2248

7

designate a Judge or jUdges ot the Superior ~ourt to preside 2249

8

in saia case, provided, that if all the justices are 2250

9

i isqllalified, they or a majority of thell shall, despite 2251

10

their dis~ualitication, select seven judges of the Superior ~252

11

Courts to preside in the case, but they shall lIake such 2253

12

selections Vt lot and in open court froll not ~ess than 2251l

13

t velve nalles of such Superior Court jUdges.

2255

11l

Para~raph I~l. Terms of Offic~. The Justices 2258

15

a foresaia shall h old the~r offices for six lears, and until

16

t heir successors are ~ual~tied. They shall .be elected by 2259

17

the people at the salle time and in tD~ same manner as 2260

18

members OL the General AssellUly. In case OL any vacancy 2262

19

which causes a~ unexpireQ term, the same shGLl be filled by 2263

20

execllt~ve aFPcaJltment, aAd the person apt'o~nted by the 22bij

21

Governor shaL! hold his off~e until tDe next regular 2265

22

e leCtiOA, and until his successor for the lalance ot the 22b6

23

unexpired term shall have .been elected and ~ualified. The

24

returns OL SUCD elections shall be made to tDe Secretary of .2261

25

State, who shall certify the result to t"e Governor, and 2269

26

cOllllissio~ sDall issue accordingly.

2210

27

Paragraph IV. ~diction of Sllpreme Couet. The 2272

28

S~relle ~o~t shall have no original jurisu~ction but shall 2273

29

be a COllrt alone for the trial and correction of errors of ~274

30

law froll the superior courts and the city courts of Atlanta 2275

31

and Savannah, as existed on August 16, 1916, and sUCh other 2216

32

like courtsas have been or may hereafter be established in 2271

33

other cities, in all cases that involve the construction of 2278

- 62 -

t he Const~tuticn OJ: tJle State of Georgia 01: oJ: tne United 22tJO

2

States. or OL treaties bet~een the Uni~ed St~tes and toreign

3

governments; in all cases in ~hich the const.l.tutionality of 2281

q

any la~ ot tile State of Georgia or of the United States is 22tJ2

5

drawn in guestion; ana. unt.l.l otherwise prov.l.ded by law. in 22 ti3

6

all ca.lies respectin!:l title to land; in all e':iu.l.ty cases; in 22t$q

7

all case.li ~b~ch involve tne validity of. or tne cOll$truction 2285

8

of ~ill.li; in all cases of conviction of a c~p.l.tal telony; in 22tJb-

9

all habeas corpus cases; in all cases .l.llvolving 22tJ7

10

extraordinary remedies; in all divorce ~nQ alimonl cases. 2288

11

a nd in illl cases certitied to it by the court of Appeals for 2289

12

its deterllination. It shall also be competent tor the 2290

13

Suprelle Cuurt to regu.l.re by certiorar.l. or o~n~rwise any case 2291

1q

to be certiL.l.ed to the Supreme court trom the court of 2..192

15

Appeals Lor review and determination with tDe salle power and 2293

16

a uthor.l.ty as .l.L the case had been carried by ,writ or error 229q

17

to the Supreme court. Any case carried to tne Supreme court 2295

18 or to the Court ot Appeals. which belongs to the class of 2296

19

which tne other court has jurisdLct.l.on. shall. until 2297

20

otherwise fLOv.l.ded Dj law. be transferred tu t.lle otner court 2298

21

under such r~es as tne Supreme Court may prescribe. and the 2299

22

cases so transferred snal! be heard and deterll.l.ned by the 2300

23

court wn.l.ch has jurisdiction thereof. The General Assembly 2301

2q

may prOVide for carrJin~ cases or certain classes of cases 2302

25

to the Supreme Court and the Court of Appeals trom the trial 2303

26

courts otherwise than by writ of error. ana may prescribe 2305

27

c ondi tions as to the riiJAt of a party Ii ti\jant to 1.a ve his

28

case reviewed by tAe Supreme Court or Court of Appeals. The 2307

29

Supreme Court shall also have jurisdiction of and shall 2308

30

decide cases transferred to it by the Court or Appeals 2309

31

becauseo an egual. division between the jud\jes of that 2310

32

Court "hen sitting as a body for the deterlU.ndotion of cases.

33

Paragrapl. v. Cases. How Disposed Qi. The Suprelle 2313

3q

court ana the Court of Appea.1s shall dispose of every case 23n

- 63 -

at the tera tor wJ.J.ch it is elltered on the court's docket 2315

2

for hearillg, as Fronded by Paragraph VIII OJ: tllis Article 2316

3

a nd Section, or at the llext tera. If the pl,lintiff in error 2317

II

shall Ilot be prepared to prosecute the case at the term for 2318

5

which ~t is so entered for hearin~, unless prevented bl 2320

6

ptovidential cause, it shall be stricken from the doc~et and

7

the juagment below Shall stand affirmed. ho writ of error 2322

8

shall be dismissed because of deLal in transmLssion of the 2323-

9

bill of exceptions and the copy 01 the record, or either of 2324

10

theil, result~ny f.Loli the default of .the cLerk or other 2325

11

cause, unless it shall appear tha t tAe plaintiff in error or 2326

12

his counsel caW:>ea SUCA delal. Nothin~ herein s!.all be 2327

13

construed to excuse tAe clerk for any o~ssJ.on ot duty or to 2328

111

relieve Iua of any li40ility resulting therefrom.

2329

15

Paragrapn VI. ~ydqaents Oar Be WithQeLd. In any 2331

16

case tbe supreue ~ourt or the Court of Ap~als aay ill its 2333

17

discretion withhold its judgment until the next tera after 2334

18

t he sa lie is aJ:g uea.

2335

19

PaJ:ayrapk VII. Iae ~up,e,e Court; HoW Cases To Be 2337

20

~eard ana Deter!inea. the Supreae Court shall nave power to 2339

21

hmr and determioe cases IIhen sitting in a oody, under such 2340

22

regul.at.Lons as aay De prescribed by it.

23111

23

~aJ:ayLa~h VlII. Cou~ of AppeAl~. the court of

2/1

Appeals shall consist of not less than three Judges, and of

25

such addit iona 1 JUdges as the General. Asse lIol.1 shal.! from

26

time to time ~rescribe. the terms of the Judges of the

27

Court OJ: Ap~als shall be for six years and un~.Ll their 2348

28

successors are gualified. the times and lIanner of electing 23119

29

Judges, and tbe aode ot filling a vacancl waich causes an 2350

30

unexpired term, shall be the saae as are or may be prOVided 2351

31

for by the lalls relating to the election and appointment of 2352

32

Justices of t.he Supreme court. The Court of AppeaJ.s shall. 2J53

33

have jur.Lsdiction for the trial and correctLon of errors of 2354

- 6/1 -

law from the su~erioL courts and from the ~Lty COULts of 2355

2

Atlanta and Savannah, as they existed on August 19, 1916, ~J56

J and such otheL like courts as have been or may hereafter be 2357

4

establish~d in otheL cities, in all cases in which such ~358

5

jurisdict~on has not been conferred by th~s constitution 2359

6

upon the Su~reme court, and in such other cases as may now 2300

7

or hereafter be pr~scribed b~ law. except thcit ~here a case 2361

8

is pend~ng in the Court of Appeals and the ~ourt of Appeals 2362-

9 desires instruc Hon from the Supreme court, i t may ceLtify 2363

10

the same to th~ Supreme Court, and thereupon a transcript of 2364

11

the recora shall be transmitted to the suprem~ court, which, ~365

12

after havin<j aftordec1 to the parties an o~1-'ortunity to be 2366

13

heard th~reon, shall instruct the Court of Appeals on the ~3b7

114

qlEstioll so certifil:!d, ana the Court of Appeals shall be 2368

15

bound by the ~nsU uction so given. But it by Leason of 2369

16

equal elivision of o~inion among the Justices of the Supreme 2J70

17 Court no such instruction is <jiven, the Court of Appeals may 2371

18 decide the questioll. The manner of certifying questions to 2372

19

the Sup.telie COULt by tlie court of Ap/:,eals, and the 2373

20

subsequent pLoceedings in LegaLd to the salle in the Supreme ~3 74

21

Court, sna41 be as the Supreme COULt shall by its Lules 2375

22

pl2scribe, until otherwise provided by law. No atfirmance 2376

23 of the judgment of the cOULt, below in caseoli penc1ing in the 2377

24 Court of Appeals shall result from delay in c1isposing of ~378

25 questions or cases ceLtified from the COULt of Appeals to 2379

26

the SupLeme court, or as to which such cert~ticate has been 2.J80

27

reguir~d by the Supreme Court as hereinbefore provic1ed. All 2381

28

vIits of erLor in the Supreme Court or the COULt of Appeals, 2382

29

vhen received by its clerk during a term ot the Court and ~383

30

before the docket of the term is by order of the Court 2384

31

closed, sbal~ be entered thereon, and when received at any 2385

32

other t~me, shall be enteLec1 on the docket of the next term. 2386

33 and they shal~ stanel for hearing at the term for wh1.ch they 2387

34

ate so enteLeel, under such rules as the ~ourt has OL may 2388

35

her-aafter pLescribe, until otherwise providea by lall.

The 2389

- 65 -

Court of ApFeals shall a~f~int a clerk and a sberifi of the 2390

2

court. Ine Leforter of the Supreme Court shal~ be reporter 23 !l1

3

of the Court of Al'peals ulltil otherwise provided by 1all. .2392

4

The 1a wS relating to the Su~reme Court as to ~ualifications 2393

5

and salaries of Judges, the designation of o~ber Judyes to 2394

6

preside when mewbers ot the Court are d~syualified, the 2395

7

povers, duties, salaries, tees and terms 01 officers, the .2396

8

mode of carryinycases to the court, the povers, practice,

9

procedure, times of sitting, and costs of the Court, the 2J98

10

pUblication of reports of cases decided therein, aud in all 2399

11

other respec ts, e~cept as otherwise ~rovided in this .2400

12

Constitution or by the lavs as to tbe Court of Ap~eals on 2401

13

the eftective date of tois Constitution, and untLl otherwise

provideu by iav, shali apply to the Court 01 Ap~als so far 2403

15

a s they ca1l ~ lIIGQt! to apply. The decisions oJ: the Supreme 2404

16

Court shai~ bind the Court of Appea1s as precedents. The 2405

17

Court of Appea~ shall have pOller to hear and determine 2406

18

cases IlbeD sLtting iD a bodi, except as lIIai be otherwise 2407

19

provide<1 b}' the lil=lleraJ. Assembly.

2408

20

111 the event ot an equal division of judyes on any 2409

21

case when the Court LS sitting as a body, the case shall be 2410

22

immediately translerred to the Suprelle Court.

2412

23

Parayrapb 11. ~~ froll the Juven~Cour~. 2414

24

The Supreme (;ourt and Court of Appeals shall have 2415

25

jurisdiction to review by direct writ OL error, and lIithout 2416

26

the necessity ot a motion for nell trial havLng beell made, 2417

27

all fLnal judyments, orders, decrees all<1 adjudications 2418

28

rendered by any juveDile court, and, it shalJ. furtner be the 2420

29

duty or the D~trict Attornel ot the judicial circuit vLthin 2421

30

which the juvenile court or courts are ~ocated to represent 2422

31

t be juvenile court on such appea1s. TAe tille for filing 2423

32

such bill ot exceptLons, and the procedure ~oYerning same, 2424

33

shall be as nOIf provided by lall for ap~a1s, or as lIIay 2425

34

hereafter bE provided by law, but in any case, the Juvenile 2426

- 66 -
---f

Judge lRaj by cruer grant. eatensions of time for the filiIlg

2

of such bill of exce~tioDs so as to afford o~~ortunity for 2428

3

pD!paration of a Drief or transcript of ~vidence, in cases 2429

4 v here such is required.

2430

S

SECTION 111.

2432

6

SUPEIU.OR COURTS

2433

7

Paragr aph 1.

-
24.36

8

ihere shall be not less than one jUdge of the 24J7

9 Superior COllrts tor each judicial circuit, whose terll of 2438

10 ;) ffice shall jJe tor four years, and until ~1.S successor is 2439

11 q ualifiE:d. He lIiay act in other circuits IIhel! authorized by 2440

12 1 av. Ihe legislature shall have authority to aad one or 2441

13

II ore add1.t~onal judges ot the superior court for any 2442

14 jUdicial circuit in this State, and shall h4ve autoority to

1S regulate the manner ~n wlich the judges of such circuits 2444

16 shall dispose at toe business thereof, and shall fix the 2445

17

time at WMi~ t~ term or terms of office 01 such additional 2446

18

judge or Jud~es shall begin, and the manner of his 2447

19 1 ppointment or election, and shall have authority from tille 2448

20

to time to add to the number of such judges~n any judicial 2449

21

c icc ui t. 0 r to 1: eauce the number of jud ges in anj j uaicial 2450

22 c iccuit.

2451

23

Notwithstanding the provision ot this Section 2452

24

providing for a term of four years for judges of the 2453

25 superior courts and notwithstanding any other provision of

26

this Constitution, the term of office of each of the Judges

27

of the Su~erior Court of the Atlanta Judicia~ Circuit shall 2456

28

be for e~yht years ana until his successor is ~ualified.

2457

29

Paragraph 11. ~!ions. When to Be Helg. The 2460

30 successors to the present and subsequent incumbents shall be 2461

31

electEd by the electors ot the circuit ..here~n the superior 2462

32 court judge ~s to serve, ..ho are entitled to vote for 2403

33 members at the General Assemuly, at the general election 2464

- 67 -

held Lor sucn mem~~rs. ne~t precediny tn~ e~piLation of 2465

2 their resi-ective terms.

2466

3

Paragraph Ill. Terms Begin, WheD. The terms of 2468

II

the jUQges to be e~ected under the Constitution. except to 241>9

5

fill vdCAncies. shal~ beyin on the first day of January 2470

6

after thei.r elldC tions. Every vacancy occasioned by death. 211 7'

7

resignation. or othe~ causes shall be filled Ly appointments 2472

8

of the Governor un til the first daJ of Januaij' after the 24711

9

general election held next after the expiration of thirty 21175

10

days fro. the ti~ such vacancy occurs. at wbich e~ection a

11

su:::cessor for the unexpired terll shall be el~ct.ed.

21117

12

SECTION IV.

21179

n

JURlSDICTIOlll

2480

111

Paragraph I. i!&l~~ Jurisdict~on Exc~!a 2484

15

~uveni!e Case. The Super~or Courts shal~ have exclusive 21185

16

j.urisdict.J.on in ca.l>es of divorce; in crimJ.oal cases where 2486

17 the offende.r is subjected to loss of life or confinellent in

'8

the pelLiteJlt.1.arJ. except ia the case of juveaile ottenders 2487

'9

as prOv1.ded bJ law; in cases respectiJlg titles to land; and 2488

20

e qlli t Y cases.

2490

2'

Para'graph l~. i,gllity Kay Be IhH;Yo:ld in COlllmon L411 2492

22

~ourt. '-'The General Asseabll aay confer upon the courts of 2494

23

:0111100 law all the powers heretofore exerci~ed by courts of 2495

211

equity ill this State.

2496

25

Paragraph Ill. iiAeral Jyidictio~. Said Courts 24 !l8

26 shall have jurisdiction in all civil cuses. except as 2500

27

h ereioa.fter 1'ro ,iQed~

250'

28

Pa.ragraph IV. lR~llate Jurisdi~QD. TAey shall 2503

29

have appel~ate jurisdiction in all cases as may be provided 2505

30

by Iall.

2506

]1

Parayral-'h V. certiorari. Dandamus. El& They 2508

- 68 -

shall have power to corrtlct.. I:lrrors in infer.Lor judicatories 2509

2

by 'vrit of ~I:tiorari, IIhich shall only issue on the 2510

3 sanction 0.1 the Judge, and said Courts, and the judges 2511

4 thereof sha~~ ha ve paller to issue writs of mandamus, 2512

5 prohibition, scire facias, and all other IIrits that may be 2513

6 necessary teL carrying their powers ful~y into effect, and 2514

7 shall have such other powers as are, or may De conierred on 2515

8

t he III by law.

.!5 16 -

9

~ara~aph VI. ~I~. The Superior, State and 2518

10 City courts aay grant new tria~s on legal grounds.

2520

Paragraph Vl~. Jud)1ment of the COUl:!:.. The Court 2522

12 SM 11 rendeL judg.eut without. the verdict 01: a jury in all .!523

13

civil cases, except. actions ex delicto, wherl:l no issuab~e 2525

14 defense is fileu except as otherwise provided in t.his 2526

15 Constitution, and SUbject to the right of trLal by a jury on

16 wd tten demand of either party.

2528

17

i'cU.ageap!1 UIl.

The Superior courts 2531

18 shall sit in tlach countj not less than twice in tldCn year,

19 at sucn tillles as have been, or may be appoLnted oy law. The 2532

20

judges 01: saLd courts may, on eeasoDaole notLce to toe 2534

21 paJ:ties, at an) time, in vacation, at chambers, heae and 2535

22 determine, lJy Lnwl:.locutory or fina~ judgment, any matter oe

23 issue, wheee a jucy veedict is not required, or lIIay be 2536

24 waived.

2537

25

l?aeaye aph IX.

2539

26 General Assembly lIIay provLde by law for the appointment of 2540

27 sOllIe pro fee person to pre~ide in cases IIhl:lre the presiding 2541

28 judge is feelll any caUl:ie disqualified.

2543

29

l?ara\jl:aph x. ~L.2t supeeioe. ilate gAd Ciu 2545

3()

In aBY county witnin wAiCh 2546

31 there is, or hereafter lIIay be, a City Court ur a State Court 2547

32 t be Judge of su ch a court, and the Judge ot the Superior 2548

- 69 -

Court may preside in the C?urts of each other ~n cases where :.1549

2

the judye of either court is disqualifiel1 to ~reside.

2551

3

SECX10N v.

2553

4

STAXh COUaT OF ClAlnS

2554

5

Para9ra~h 1. State Court of Claims; jurisdiction: 2557

6

~~~. The General Assembly is hereby authorized to 2559

7 create and establish a State Court of Claims with

8

jurisdiction to try and dis~ose of cases involving claims 2560

9

for injury or damage, except the taking of ~rivate property 2561

10

f or pUblic purposes, against the State OL Geor~ia, its 2562

11 a geocies cr folitical siWdivisions, as the General Assembly 2563

12

may prov~Qe by law. Notwitostanding any otner provision of 2561.;

13

this Const~tutiou, the l>en era.l. Assembll lIay proVide for :.1565

14 exclusive jurisdiction over such cases in toe State Court of 2566

15 Claims, provide for trial o~ such cases without a jurI, and 2567

16

p.rescr~be the flace and manner in which SUCD cases may be 2568

17

brought and tried. lae Supreme Court and tDe court of :.1569

18

Appeals sDa~1 have ori~~nal Jurisdiction to try and correct 2570

19

errors ot law t rom SUCD Sta te Court of Cla~ms accordin~ to ..2571

20

the method at a~peal to said courts now prOVided for or as :l572

21 may hereafter be provided by law. Nothing contained herein 2573

22 shall constitute a waiver of the immunity or toe State from 2574

23 suit, but such sovereign i.munity is eJ'l'cessly reserved 2575

24

except to the extent of any waiver of immunity prov~ded in 2576

25

this Constitution and SUCD waiver or ~ualification of 2577

26 immunity as is now or may hereafter be provided by act of 2578

27 the Generdl Assesbll.

2579

28

The beneral Assembll is Dereby autDorized to 25tlO

29

provide uy law tor tDe processing and dis~osition, by tDe 2581

30 Claims Advisory Board, of claims against toe State wDich do 2582

31 not eJ'ceed $500.00. Nothing containea herein shall

32 constitute a waiver ot the im.unity of the State trolll suit, 2583

33

but the General Assembly is herebl authori~ed to provide for .l5 tl4

- 70 -

the waiv~r or ~uaiLfica~ion of sUCh immullLty in such law. 2585

2

The General Assembli is hereby authorized to proviae in such 2586

3 law for all matteLS relative to the provisions of this

lJ

paragraph.

2581

5

SECTION VI.

2589

6

2ltOBUE cooa~

2590

1

2aragraph I. 2robate Court; JUQqe of 2robate 2593

8

~ourt; ~peals. The powers of a court of pronate shall be 2594

9

vested in the Probate Court and the Judge of the 2robate 2595

10 Court for each county, trom whose decisions there may be an 2596

11 appeal, or ~1 consent ot the parties, without a decision, to 2591

12

t he Super~oJ: (,;0 urt under regUlations prescribed by 'law.

2599

13

2aragraph ~I. Powe,s. (a) Tne 2robate Courts 2602

14 shall have suck! powers in relation to roads, bridges, 2603

15

ferries, pUBlic bui.l.dings~ paupers, county officers, county

16

funds, county ta~es and other county matt~rs as may be 2605

11

conferred on them by law.

2606

18

(b) the Probate Courts shall .I1ave jurisdiction to 2601

19 issue warrants, try CdSes, and impose sentences thereon in 2608

20

all .~s(1emeanor cases ar~sing under the traffic laws of the 2610

21

State, ana in all cases arising under the Compulsorl School

22

Attendance Law in all counties of this State in which there l611

23

is no sea te court,' provided the defendant waives a jury 2613

24

trial. Like jurisdiction is also conferred upon toe judges

25 of the police courts of incorporated cities and municipal 2615

26 =ourt JUdges for offenses arising under the traffic .l.aws of

21

the State with~n their respective jurisdictions.

2611

28

2aragraph l~l. ~~ Offic~. The Judge of the 2619

29

Probate Court shal.l hold his office for d term of four years 2620

30

and unt~.l. his successor is elected and qualir~ed.

2622

31

2aragraph IV. &gnstruction. Wherever the words 2625

32

"Ordinary", or "Ordinaries" or the words "(;ourt of ordinari" 2626

- 11 -

or "COUl:ts of Ol:dinary" api'ear in any stcitutes of this 2627

2

State, and such words refer to the county ofticer ho=retofore 2628

3

known and designated as the Ordinary or the court ho=retofore 2b29

4

knovn ana designated as the Court of OrdLuary, sucn words 2630

5 are hereb} stricken and the words "Judge of the Probate 263 ,

6

Court" or "Judges of the Prouate Courts" or tue vords 2632

7

"Probate Court" 01: "Probate Courts," respectJ.vely, al:e 2633

8

hereby inserted in lieu ot such strJ.cken words. The 2634_

9 changing of tl.e name of the Ordinary and the Court of 2b35

10

ordinary to J uage of tne Probate Court ana Pl:obate Court, 2636

11

respectJ.vely, shall not affect the status of anj' matter 2637

12

pending Defore any such otticer or any SUCD court on January 2638

1.3

" 1975, ana any such .atter may be continued or disposed of 2639

'4

by the Judge ot tne Pl:obate Court or oj' tDe Probate Court, 2640

'5

as the case lIay be.

2b41

16

SECTIOB V.II.

2643

17

JUSTICES OF THE PEACE

2644

'8

Paragraph 1. Nymber aDd Term ot otl:Lce. Unless it 2b47

'9

h as been otnerw ise provided oy the General Asseablj, there 2648

20

shall be in each ailJ.tia dJ.strict one justJ.ce of tne peace, 2b49

2'

v bose o.tiicial term, except .. hen elected to till an 2650

22

unexpirea term, shall be tOI: tour jears: Provided, ho ..ever, 2b 51

23 that tbe General Assellbly aay, in its discretion, abolish 2652

24

justice courts and the ottice of justice of t~e peace and of 2653

25

notary puolic ex-officio justice ot the peace in any city of 2b54

26

this State having a ~opulation of over t ..entj' thousand, and 2655

27

establLSh ~n lieu tl.ereol: such court or courts or system of 2b 56

28

courts as the ~eneral Assemoly aay, in its uJ.scretion, deea 2657

29

necessary, conterriny upon such ne .. COllrt or courts or 2658

30 system of courts, ..nen so established, the Jurisdiction as 2b 59

3'

to SUbject matter no.. exercised by justice courts and by 26bO

32

justices ot the peace and notaries public ex-officio 26b1

33

justices ot the peace together ..ith such addi tional 2662

-72-

ju~isdictioD, ~itber as to amount o~ subject matter, as may 2663

2

be providea bylaw, whereof some oth~r court has not :t664

3

exclus~ve jurisdiction under this Const~tution; together 2665

with such provision as to rules and procedure in such 2666

5

courts, and as to n~w triuls and the correction of e~~ors in :l667

6

and by said cour~, and with such further provision ior the 2668

7 correction of errors by the Superior Court, or Court of 2669

8

Appeals, or. the Supreme Court, as the Genera~ Assembll may,

9

froll time to time, in its discretion, provide or authorize. 2671

10 Any court so established shall not be SUbject to tae rules l672

11

of unifor.~ty laid down in Paragraph Io! Section IX of 2673

12

Article V~ of tile Constitution of Geor~ia: Provided, 2674

13

however, tnat the General Assembly may, in ~ts discretion, 2675

14 abolish Justice courts and tae office of Justice of the 2676

15 peace and notary public eX-officio justice of the peace in 2677

16 any county in this State having within its oorders a city 2678

17 having a population of over twenty thousand, and as well in 2679

18 t be County of Glynn, and establish in lieu thereof such 2680

19 court or courts or system of courts as the ueneral Assembly 2681

20

may, in its discretion, aeell necessary; or confer~Lng upon 2682

21

existiny courts, b} extensLon of their jurisaiction as to 2083

22 subject matter now exercLsed by justice courts and by 2684

23

justices ot the peace and notaries pu~lic ex-officio 26 tiS

24

justices of the peace; toyether with such additional 2686

25

jurisd~ct~on, eitner as to allount or to suuJect lIatter, as 2087

26

lIay be provided .oj lalli, whereof some other court has not 2688

27

exclus~ve Jurisdiction under this Cons~tution; together 2689

28

also w~th such FrovLsions as to rules and procedure ~n such 2690

29

courts and as to new trials and the correct~on of errors in 2691

30 and by saLd courts, and with such further provLsion for the 2692

31

correct~on of errors 01 the Superior Court or the Court of 2693

32 Appeals or the Suprelle Court as the General Assemoly may, 2694

33

f COli tillle to time, in its discretion, proviae or autb.orize. 2695

34 The civil court ot Fulton County shall b.ave Jurisdiction in 26 !:I 6

35 Fulton County and outside the city lilllits of Atlanta either 2697

- 73 -

cOllcurreut.li wLth. or sUl'l'lelllental to. or 1.0 lieu of Justice 2698

2

courts. 4S ~ay be now or herediter provideu b1 law. Any 26~9

3 court su established shall not be subJect to the rules of 2700

4 uniformity laid down in Paragraph I of Section IX of Article 2701

5 VI of tne Constitution oL Georgia.

2703

6

Paragraph II. Jurisdiction. Justicds of the peace 2705

7

shall have jurisdict~on in all civil ca~es arLsing ex 2707

8 contractu and in cases of injury or damage to and conversion

9 of personal profertj'. when the princil'al sum does not exceed 2708

10

t 110 hundred dollars, and s211 sit monthly at fixed t.imes ~709

11 and places but in all cases there may be an appeal to a jury 2710

12

in sa.ia court, or an appeal to the Superior ~ourt unaer such 2711

, 3 requlat1.ons as mal' be prescribed by law.

2713

14

Paragrapn r~I.

jlections and

COlllmissions. 2715

15 Justices of the peace shall be elected by the legal voters 2716

16 in their resrective d.istricts, and shall be commissioned by 2717

17 the GOernor. They shall be removable on conviction for 2719

18 malpractice 1.n office.

2720

19

SECTIOH YIn.

27';.2

20

HOUBIES PUBLIC

2723

21

Paragraph I. ~A1!~i Number; TermL Removal. 2726

22 Coa.issioned notar.ies public, not to exceed ODe tor each 2728

23 .Uitia distru:t, oy be appointed by the judges of .the 2729

24 superior courts 1.D their respective circuits, UpOD 2730

25 recoameJWation ot: the grand juries of the saveral counties.

26

They shall e coamissioned bj' the Governor ~or the term of 27 J1

27

four years ana shall be ex-ofticio justice~ ot the peace, 27.J3

28 and shall be reaovable on conviction for malpractice in

29 office.

2734

30

SCTIOH II.

2736

31

UHIFOR!lTY OF COURTS

2737

- 74 -

~:tcet't as

2140

2

otherwise r1:ovided in this ~onstitut.1.on, tue Jurisdiction,

3 powers, proceeaings and practice of all courts or officers 2742

4

invested with judicial powers (except State Courts and City 2143

5 Courts) of the same grade or class, so f4r as regUlated by 2744

6 law, and the fOLce and effect of the t'rocess, judyment and 2145

7 decree, by such courts, sever4l1y, shall be uniform. This 2146

8

uniformity must Le established by the General Assembly, and 2741-

9 in case of State Courts and City Courts, mar be established 2748

10 by the lienel:al Assembly.

2149

11

SECTION X.

2751

12

ATTOBNhY GENERAL

2752

13

PaLagraph I. I!~ctioni term of office. There 2755

14 shall De aA AttorAey Genel:al of this State, wao sAall be 2756

15 elected Dy the people at the same time, Lor the same term 2757

16 and in tbe same manner as the Governor.

2758

17

~aLagraph II. Duties. It shall be the duty of the 2760

18 Attorney Genel:al to act as the legal advisor of the 2761

19

E lIecutive De~artlllent, to represent the State in the Supreme '-762

20

Court in ~l capital feloAies; aAd in all civil and criminal

21

cases in any court when re~uired by the liovernor and to 1.7 63

22

perform such ether services as shall be re~uired of him by 2764

23 lave

2765

SECHON Xl.

2761

25

DISiRlCI ATTORNEYS

2168

26

2772

27 There sDall be a d.i.stl:ict attorney tor each judicial

28 circuit, whcse official term (except to f.1.11 a vacancy) 2713

29

shall ile tour years.

The successors ot present and 2774

30 subsequent incumbents shall be elected by tae electol:s of 2715

31

the cil:cuit wbel:ein tae district attorney .1.S to serve, who 2176

- 75 -

!,----.'.-.-;....--.;O/" J

are qUdl..LtJ.ed to vote for lIembers of the Geueral Assembly, 2771

2

at the \Jeneral ele~tion held next precedJ.n~ the expiration 2778

3

of their respecti~e terss. Every vacancy occasioned by 2779

4 death, resignation, or other cause shall. be tilled by 27110

5 :l ppointment of the Governor, until the first udl of January 27 III

6 :liter the geoeral election held next after toe expiration of 27d2

7 30 days froll the tise such vacancy occurs, at vhich election 27113

8 a successor for the unexpired term shall be elected.

2785-

9

Paragraph 11. Qutie. It shall be the duty of the 2787

10 district attorney to represent the State in dll cases 1.n the 27d8

11 s aper ior court or his circu1.t and in all cases taken up from 2789

12

the superior courts of nis c1.rcuit to the Su~reme Court, and 2790

13 Court or Appeals and to perform such other services as shall 2791

14 be reqUired of hi. by law.

2793

15

Paragraph ~Il. ~oustruction. Wherever the words 2795

16 "solicitor general" vere used heretofore l.U any statute, 2796

17 vhen such vords were used to refer to the office of the 2797

18

district attorneI provided for ill this Section, they shall 2798

19 be held and taken to.eao the district attorney.

2800

20

SECUOH Ill.

2802

21

SAL AilES OF JUSTICES, JUDGES, AHD DISTR~~T ATTOdHEIS

2803

22

2aragaph I. ~mpeDsation ana Allovances of 2806

23

ilticeL-~LADdDistdct AttoU!U. Tne Justices of 2808

24 the SuprfHle Court, the Jud\jes of the Court of Appeals, the

25 Judges or the Superior Courts, and the District Attorneys 2809

26 s h3.l1 receive such cOlllpensation and allollances as prOVided 2810

27

by lave The beneral Assembly may authorize dny county to 2812

28 supplement the compensation and allovances ot a juaye of the

29 superior court aoa District Attorney of tAe Judicial Circuit 2813

30 in IIhich such county lies out of county tunds: Provided, 2814

31

hOlleveL, IIhere such compensation andallovances are, on the 2815

32 effective date of tAis Constitution, being supplemented out 2816

- 7& -
-'.

of COUllt}' L uuds under eXis~1.ny la liS. such la illS snall remain 2817

2

in force until altered bl the General Ass~mbly; PrOVided. 2818

3

further. tAat the board of County Commissioners of Bichmond

4

County. or the Jud~e of the Probate Court. or such other 2819

5

board or person as mal froll time to time have char~e ot the 2820

6

fiscal affairs 01 scud county. shall lolJ.tAout further 2821

7 legislative act1.on cont1.uue to supplement from said County's 2822

8

treasur}' tne compensation aDd al~oMances or the Judge ot 2823-

9 Superior Court of tne circuit of which tae said County of 2824

10

Richmond is a part. bi the sua of T~o Tnousand ($2.000) 2825

11

Dollars per aLBWI. which shall be in addit1.on to tne amount 2826

12 received by said judge out of the State treasury; and such 2827

13 payments are oeclared to be a part of tne court expenses of 2828

14

said Count}'. and such payment shal~ be made to the judye now 2829

15 in off1.ce duriay his present or subsequent teras. as ~e~l as 2830

16

to his successors. ~ith the authority l.n the General 28J1

17 Assembly to l.ncrease such compensation anu allowances from 2832

18

the County tr~asury as aDove provided.

2833

19

Paragraph II. ~~Abolish or Reinstate Fees 2835

20

21- Distei~!!2~~. The General Asse~bl}' shall have 28J6

21

power. at any time. by lali. to abolish the fees accruing to 2838

22 the office of district attorney in any particular judicial 2839

23 circuit. and in lieu thereof to prescribe compensation and 2840

24 allowances Lor such office. without regard to the uniformity 2841

25 of such coapensation or allollances in tne various circuits; 28 ij2

26 and shall have the further power to l1eterll.l.ne what 2843

21 disposition shall be made of the fines. forfeitures and fees

28 accruing to the office of district attorney .l.n any such 2845

29

judicial circuit where the tees are abolisned; and likewise 2846

30

shall Dave the further power. if it so deSires. to abolish 2847

31

such compensation and allollances and reestablish SUCD fees;

32 but in either eveAt. Iihen so changed. the change snall not 2848

33 become ef1ective until tne eud. of the term to Iinich tne 2849

34 district attorney lias elected.

2851

- 77 -

SECTION nIl.

2853

2

OF ~U.lliI~ATIONS JUSTICES, JUD~ES, ETC.

2tJ54

3

Paeageaph 1. Age; Ci~izenshipj Practice 2f La~. 2857

4 No person shCill be a Justice of the supreme Court, a Judge 2858

5 of the Couet at Appeals, or a Jud!:le ot Superior Courts, 2860

6

unless, Cit t~e t~me ot his election, he shal~ hilve -attained

7 t be age OL t.huty yeaes, and shall have been a citizen of 2862

8 t he State three Jears, and have practiced lall for seven 2863

9 years. No ferson shall be Attorney Generd.l unles at the

10

time of his election he shall have attained the a~e of 2864

11 tllentY-LJ.ve yeaes, and snall have been Ci citizen of the 2865

12 State tOL six years next preceding his electJ.ou, and have 2866

13 practiced lall tor seven years. No person shall be a

14 district attorney, unless at the time of UJ.S electLon he 2867

15 slall have attained tllenty-five years oL Cilje, shall lave 28&8

16 been a citizen ot the State tor three years, ana shdll have 2869

17

practiced lall tor tAree years next precedLn~ his election. 2870

18

i'aLd.':Jraph 11. - E.eritus Jystice and J udqesj 2874

19 ~~~. Chief :Justices E.eritus and JustJ.ces Emeritus of

20

the SUpLe!8 couet; JUdges E.eritus of the ~ourt of Appeals; .</875

21

and JUd~s ~aeritus of the Superior Courts sOCill be eligible 2876

22 to presiae in or over the Supreme Court of Georgia, the 2878

23 Court of Appeal$ of Georgia and the Superior courts ot this

24 State. 7he Geoeral Assembly shall prescrJ.De the method or 2879

25 manner in IIhich they .ay be called upon Lor temporary 2880

26

service.

2881

27

i'aragrapA Ill.

Riscipline.

Bemoval. and 2883

28

__ inL2l~~ ~1i~.

(a)

Judicial yualifications 2884

29

Commission.

7here shall be a JUdicial uualiLications .</885

30 Commission. It shall consist of seven meaDers, as fol10lls: 288&

31

(i) t 110 jUcige5 of any court of record, each selected bJ the 2887

32 5 uprelle court; (ii) three .eabers of the Stattl Bar, who 2889

33

shall have I-raeticed ~all in this State ~or at least ten 28':10

- 78 -

years and WAO ~hall b~ ~lected by the Board ot Governors of 2890

2 the State Bar. and (iii) two citizens, neit4er of waoll shall 2892

3

be a me.uer of the State Bar, who shall be appointed by the 2893

14 Governor. 7he members in of rice on the effective date of 2894

5 this Constitution shall serve out the remainder of their 2895

6

respective terms and until their successors are elected or 2896

7

appointed and have qual~fied. thereafter, all lIeabers shall

8

serve ~or terllS of tour years each and unt:U. their 2898

9 successors are elected or aFPointed and aave qualified. 2899

10

Whenever any meaber ceases to hold the office or to ~ossess 2900

11 the qualirications which entitled hia to ue appointed a 2901

12 meaber, his meabersaip shall terminate, ana the appointing 2902

1] authority sball select his successor for the unexpired term. 29 G3

114 No lIember or the Collmission shall receive aay coapensation 29014

15

for bis services but shall De allowed his necessary expenses 2905

16 for travel, board and lodgi.ng incurred in the performance of 2906

17 bis duties. No lIellber of the Commission except tae Judges 2907

18 shall hold any otAer public office or De eligible for 2908

19 a ppointlRent to a State judicial office so long as he is a 2909

20

member or tAe Cc .. iss~on. No member shall Qold ofice in 2910

21

any political party or organization. ~o act ot the 4/911

22

Comlliss~on shall be valid unless concurred ~n by a maJority 2912

23

of its lIembers. The Commission shall ~elect one ot its 2913

214

lRembers to serve as chd~rllan.

2914

25

(b) Procedure and Grounds. A just~ce or JUdge of 2915

26

any court ot th~s State, in accordance wiea the procedure 2917

27

prescr~ved in this Para~raph, may be removea or otberwise 2918

28 disciplined tor willful misconduct in office, or willful and 2919

29 persistent failw.e to perform his duties, or babitual 2920

30

intellperclncc; or for conduct prejudicial to

the 4/921

31

a dID in istrd tion of j ust~ce wbich brings tbe J ud.1.cial office

32

i nto (usre~ute; or be may be retired for d.1.sability 2922

33

seriously inter.ferin~ with the performance OJ: bis duties, 2923

314

W hlcb is, or is likely to become, of a permauent cbaracter. 29214

35

The Commission mdY, after suen investi~at~on as i t deems 2926

- 79

n ecess<1ry, cl.oer a .h*"clriny to be beld before it concerning 2926

2 the removcll or retirement of a justl.ce or <1 jUdge, or the 2!128

3 Comllission ma,)' in its discretion request tlla Supreme Court

4,

to appoint a specia~ master to hear and take evidence in the 2929

5

lIatter and to Deport thereon to the Commis~l.on. If, after 2!130

6 heariny, or after considering the record and repoct of the 2931

7

lIastec, the Cemml.ss10n finds good cause th~cefor, it shall 2932

8

recollllend to the Supreme Court the r*"moval, other 2!134 _

9 discipll.ne, or retirement, as the case way be, of the 2935

10

justice or judge.

2936

11

the SupIeme ~ourt shall review the record of the 2938

12 proceedillYs on the lall and facts, and in its discretion lIay

13

perllit the inU:oduction of aaditiooa1 evidence and shall

14 order IEmoval, other discipline, or retirement, as it finds

15 just and proper, or IIholly reject the recommendation. Upon 2941

16 an order for retirement, the justice or juaye shall thereby 2942

17 be retiIEd nth the same rights and privileyes as if he 2944

18

retired ~ursuant to statute. Opon an order for removal, the 2945

19

justice or JUdge shall thereby be removed iro. offl.ce, and 2946

20 his compensation ana allollances shall cease from the aate of

21

the orutlr.

2948

22

The Supreme Court shall prescribe rules governing 2949

23

privileye, confidentiality, and practice and procedure ill 2951

24 all proceeaings brought hereunder. A justice or judge IIho

25 is a llember of the Commission or Supreme court shall not 2953

26 participate ill an} proctledings inVolving his ovn removal, 2954

27

other disci~line or retirement.

2955 '

28

SECUOI uv.

2957

29

VEliUH

2958

30

Paragraph I. ~ce Case. Divorce cases shall be 2961

31 brought in the county where the defendant resides, if a 2903

32 resident of this State; it the defendant be not a resident

33

of this state, then in the county in whi~h the plaintiff 2965

- tlO -

resides. provided. tACit anx ~erson who Aa~ been a resident 2965

2

of any United States Army Post or mi!~tary re~ervation 2967

3

within the State ot Georgia tor one year Aext preceding the

Il

filing of the ~etition may bring an action for divorce in :l969

5

any county adjacent to sa~d United States Army Post or :l970

6

mUitar}' rese.rviluon.

2971

7

Paragraph ~l. ltapd Iitle. L:a.ses respecting 2973

8

titles to .Land sha.Ll be tried in the county where the land 2971l

9 lies. except where a sing.Le tract is divided by a county 2975

10

line. iD which case the Superior court ot either county 2976

11

shall have juri sdictioD.

2978

12

Paragraph Ill. !g~ity~. Eyu~ty cases shall 2980

13 be tried Ln tlAe COUDtJ where a defendant resides against 29d1

14

II hom substaDtial relief ~s priiyed.

2983

15

4'aragra(:h .LY.

~ Against JOiDt Obligors. 2986

16

~ o-pa.tl~~!:. Suits against joint ob.Ligors, joint 2987

17

pInmissors. co-partners. or joint tres~assers. residing in

18 different counties. may be tried in either cuuntl'

19

Paragraph V. S~t$ Against Maker. Endorser. Et~ 2991

20

Suits a~a~Dst the maker aDu eDdorser of promissory Dotes, or 2992

21

daver. acceptor aaQ enaorser of foreign or in.land b~lls of 2993

22 exchange. or like instruments. residiny in different 2995

23 counties, shall be brought iD the county where the maker or

21l a cceptor resides.

2997

25

Paragraph VI. All Otber Cases. A~l ollAer civil 3000

26

cases shall be trJ..ed ~n the county where the deiendant

27

resides. and a.Ll crilll~na.l cases shall be tried in tne county 3001

28

where the cr~me was committed. except cases Ln the Superior 3002

29

courts wllere the Jud~e is satisfied that an impartLal jury 3003

30

cannot De obtained in such county.

3005

31

Para~raph VII. f2~er to Change Venu~. The l'0wer 3007

32

to change the venue in cLvil and crilllina4 cases shall be 3008

- 111 -

vested ~o th~ Su~rior ~ourts to be exerciseu ~n sU~h manner 3009

2 as has Leen, or sl.all be, frovided by law.

3011

3

SECTION IV.

3013

4

JOllY TliI AL

3014

5

Paragraph I. M~h!-~1-I!ial BY~Yi. The right of 3017

6

trial by jury, except waere it ~s otherwise ~rovided 4D this 3019

7

Constitution, shall remain inviolate, UUL tbe General 30;l0

8

Assembly lIay prescribe any number, not less than fi ve, to 3021

9

constitute a trial, or traverse jury, except in the superior 3022

10

court.

3023

11

Paragraph ~I. ~lection of Jurors. Tbe General 3026

12

Assemb~y shall p~ovide Dy law for the selection of the most

13 experienced, intelligent aud upright men to serve as grand 3027

14

jurors, aoa intelli~ent and upright lien to Sliu:ve as traverse 3028

15

jurors. ~evertheless, the grand jurors sadll be competent 3029

16

to serve as traverse jurors. The General Assembly shall 3030

17

have tae pover to re~uire jury service of wOllen also, under 3031

18

s oc:h reguJ.atioDs as the General Assembly lDay prescribe.

.J033

19

Paragraph III. comp~!ion of J~{22. It shall 3035

20

be the duty of tae General AsselDbl} Dy ~eneral laws to 3037

21

prescribe the lIanner ot tixin~ COllpensat~on of jurors in all

22 counties iD this State.

3039

23

SECTIO~ IVI.

30~ 1

24

WHAT COURTS ~AY BE ABOLISHED

3042

25

Para yr aph I. fower to Abolish COllets. All co ur ts 3045

26

not spec~4lly mentioned Di' nalle in the first Section of this 3046

27

Article lIay te abolished in any county at t~e disceetion of 3047

28

t he General Assellbli'.

3049

29

Paragraph 11. ~eme Court Cost; Paupei Oath. 3051

30

The cost in the Supeelle couet and court of Appeals shall be 3053

- 82 -

as ~rov~deQ vl law. Plaintiffs in error shall not be 3054

2

requireu to pal costs in said courts wnen Lue usual pauper 3055

3 oath is tilel1 .I.n the court below.

3056

- 83 -

ARTICLE VI JUDICIAL BRANCH CROSS-REFERENCE TABLE

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section I, Para. I

Article VI, Section I, Para. I

CHANGES
1. The proposed Paragraph I vests the judicial power exclusively in those courts enumerated. It also permits the General Assembly to establish municipal courts and to authorize administrative agencies to exercise quasi-judicial power, which shall not be subject to Article VI provisions.
The present Paragraph I vests the judicial power in those courts enumerated, plus such other courts as established by law.
2. In the proposed paragraph, Justices of the Peace are deleted and Notaries Public are classified as magistrate courts. In the ~roposed paragraph, magistrate courts, probate courts, and state courts are limited jurisdiction courts. Also, juvenile or family courts are made a division of the superior courts.

Article VI, Section I, Para. II, Sentence 1

Article VI, Section I, Para. II

1. Proposed Paragraph II deletes the phrase "For the purposes of administration".

Article VI, Section I, Para. II, Sentence 2

Article VI, Section IX, Para. I

The proposed paragraph provides for the administration of the judicial system by the' Supreme Court, as provided in that paragraph. In the present paragraph, the administration of the judicial system "shall be as provided by law".

Article VI, Section I, Para. II, Sentence 3 & 4

Article VI, Section I, Para. VII and
Article VI, Section IX, Para. I

The proposed revision allows the General Assembly to abolish or create courts, upon certification of the
Supreme Court. It also allows the General Assembly to vacate any rule
adopted by the Supreme Court. The present provision limits the scope of the term "administration" and requires that such administration shall not be controlled by any department of Government, other than the unified judicial system itself.

ARTICLE VI JUDICIAL BRANCH P~ge 2

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section II, Para. I

Article VI, Section V, Para. I, Sentences 1 & 2

CHANGES
1. Proposed Paragraph I provides for a Supreme Court composed of not more than 9 Justices. Present Paragraph I provides for a Supreme Court composed of 7 associate justices.
2. The proposed paragraph requires a majority of the court to hear and determine cases. The present paragraph simply states that "a ma~ority of the court shall constitute
a quorum."

Article VI, Section II, Para. II

Article VI, Section V, Para. I, Sentence 3

Proposed sentence 3 enables a substitute judge to be chosen by the remaining justices in the event any justice is disqualified. Present Paragraph II, but not the proposed paragraph, requires that the substitut judge be from the Superior Court. The present paragraph, but not the proposed paragraph, provides for the selection of substitute judges in case all the justices are disqualified.

Article VI, Section II, Para. III, Sentences 1 and 2

Article VI, Section VIII, Para. I

Proposed and present paragraphs provide for six year term. Proposed paragraph provides fof nonpartisan election, while present paragraph provides for election in the same manner as for members of the General Assembly.

Article VI, Section II, Para. III, Sentence 3

Article VI, Section VIII, Para. III

The proposed revision requires that nominees to fill vacancies be certified by a judicial nominating commission created by the Governor.

Article VI, Section VIII, Para. IV

In the proposed revision, the
appointee shall serve until January 1st after the next 'general election which is more than 6 months, after such person's appointment. In the present provision, no such 6 month minimum is required.

Article VI, Section II, Para. III, Sentence 4

None

Deleted. This is provided for in Ga. Code Section 24-4006.

ARTICLE VI JUDICIAL BRANCH Page 3

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section II, Para. IV

Article VI, Section V, Para. II

CHANGES
1. Reference to "the superior courts and the city courts of Atlanta and Savannah as existed on August 16, 1916 and such other like courts as have been or may hereafter be established in other cities" has been deleted.
2. In the proposed revision, the SupremeCourt has exclusive appellate jurisdiction in the following areas: 1) cases in which the death sentence was imposed.
2) cases involving the construction of a treaty or the constitutionality of a law, ordinance, or constitution.
3) cases of election contest.
4) civil cases in which the State is a principal party.
In the present provision, the Supreme Court h8s exclusive appellate jurisdiction in the following areas:
1) cases involving the construction of a treaty, the constitutionality of a law, or the U.S. or Georgia Constitutions.
3. In the proposed revision, the Supreme Court has general appellate jurisdiction in the following areas: 1) wills
2) specific performance
3) title to land
4) injunction
5) mandamus
6) quo warranto
7) prohibition
In the present provision, the Supreme Court has general appellate jurisdiction in the following areas:
1) wills 2) title to land 3) in all equity cases 4) conviction of a capitol felony 5) all habeas corpus cases 6) cases involving extraordinary
remedies 7) divorce and alimony 8) all cases certified to it by the
Court of Appeals.

ARTICLE VI JUDICIAL BRANCH Page 4

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section II, Para. IV, Sentence 2

None

CHANGES
Deleted. This is provided for in Ga. Code Section 24-3637.

Article VI, Section II, Para. IV, Sentence 3

Article VI, Section I, Para. VIII

In the proposed revision, any court may transfer a case to the appropriate court. In .the present provision, theSupreme Court or Court of Appeals shall transfer a case to the
appropriate court.

Article VI, Section II, Para. IV, Sentences 3 &
4

None

Deleted. The proposed revision contemplates such procedures to be provided for by rule, as set forth in proposed Article VI, Section IX, Paragraph I.

Article VI, Section II, Para. V

None

Paragraph V has been deleted. This shall be provided for by rule, under proposed Article VI, Section IX, Paragraph I. This is provided for in Ga. Code Sec. 6-1601.

Article VI, Section II, Para. VI

None

Paragraph VI has been deleted. This shall be provided for under proposed Article VI, Section IX, Paragraph I.

Article VI, Section II, Para. VII

None

Paragraph VII has been deleted. This shall be provided for under proposed Article VI, Section IX, Paragraph I. This is provided for in Ga. Code Sec. 24-4009.

Article VI, Section II, Para. VIII, Sentence 1

Article VI, Section IV, Para. I

In the proposed revision, "the Court of Appeals shall consist of not less than 9 judges." In the present provision, "the Court of Appeals shall consist of not less than 3 judges."

Article VI, Section II, Para. VIII, Sentences 2 and 3

Article VI, Section VIII, Para. I

1. In both the present and proposed paragraphs, a six year term is provided.
2. Proposed revision provides for a nonpartisan election. The present provision provides for election in same manner as that of Supreme Court.

ARTICLE VI JUDICIAL BRANCH Page 5

~RESENT PROVISION

PROPOSED PROVISION

Article VI. Section II. Para. VIII. Sentence 3

Article VI. Section VIII. Para. III

CHANGES
Proposed revision requires that nominees to fill vacancies be certified by a judicial nominating commission created by the Governor.

Article VI. Section II. Para. VIII. Sentence 4

Article VI. Section IV. Para. III

Article VI. Section n.
Para. VIII. sentences 4.
5, 6. and 7

Article VI. Section IV. Para. IV

Reference to "from the superior courtS" and from the City Court of Atlanta and Savannah.... "has been deleted.
The procedural detail has been deleted in the proposed revision.

Article VI. Section II. Para. VIII. Sentences 8. 9. and 10

None

Deleted.

""Article VI. Section II. Para. VIII. Sentence 11

Article VI. Section VIII. and Article VI. Section IX

In the proposed provision. judges of the Court of Appeals shall be elected for 6 year terms. shall have been admitted to practice in the Supreme Court for 6 years. shall receive compensation as provided by law. and shall have such rules of practice and procedure as are adopted by the Supreme Court. In the present paragraph. laws relating to the-Court of Appeals shall be the same as those laws relating to the Supreme Court. unless provided for in the Constitution or by Statute.

Article VI. Section II. Para. VIII. Sentence 12

Article VI, Section V. Para. VI

Proposed revision states that Supreme decisions shall bind all other courts. Present provision states Supreme Court decisions shall bind Court of Appeals.

Article VI. Section II. Article VI. Section IV. Para. VIII, Sentence 13 Para. II

Proposed revision enables Court of Appeals to sit in panels of 3 judges. Present provision provides for the Court of Appeals to sit as a body. unless otherwise provided by the General Assembly.

Article VI. Section II. Para. VIII. Sentence 14

None

Deleted. Rules of practice and procedure shall be provided for under revised Article VI. Section IX, Paragraph 1.

ARTICLE VI JUDICIAL BRANCH Page 6

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section II, Para. IX

None

CHANGES
Deleted. This shall be provided for under revised Article VI, Section IX, Paragraph I. Under the revised draft, the Juvenile Court shall be a division of the Superior Court.

Article VI, Section III, Article VI, Section I,

Para. I, Sentence 1

Para. VI, Sentence 4

Proposed revision requires the Superior Court to hold court at least twice each year.

Article VI, Section VIII, Para. I

The proposed provision provides for a 6 year term. The present provision provides for a 4 year term.

Article VI, Section III, Article VI, Section I,

Para. I, Sentence 2

Para. III

Proposed revision permits a qualified judge to act in any court with the consent of all courts involved, under Supreme Court rules. The present paragraph permits a superior court judge to act in other circuits when authorized by law.

Article VI, Section III, Article VI, Section I,

Para. I, Sentence)

Para. VII

The proposed revision permits the General Assembly, upon certification by the Supreme Court, to make a change in a court. The present paragraph gives this authority to the legislature, without the need for Supreme Court certification.

Article VI, Section III, Article VI, Section VIII,

Para. I, Sentence 4

Para. I

The proposed revision provides for 6 year terms for all judges. The present sentence provides for 8 year terms for judges of the Superior Court of the Atlanta Judicial Circuit.

Article VI, Section III, Article VI, Section VIII,

Para. II

Para. I

The proposed revision authorizes nonpartisan elections.

Article VI, Section III, Article VI, Section VIII,

Para. III, Sentence 1

Para. I

No change.

ARTICLE VI. JUDICIAL BRANCH Page 7

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section III, Article VI, Section VIII.

Para. III, Sentence 2

Para. III

Article VI, Section VIII. Para. IV

CHANGES
1. In the proposed revision, nominees to fill a vacancy must be certified by a judicial nominating commission. In the present paragraph, the Governor simply appoints someone to fill a vacancy.
2. In the proposed revision, a successor is elected at the next general election which is more than 6 months after a vacancy is filled. In the present paragraph, a successor is elected at the next general election which is more thsn 30 days after the vacancy occurs.

Article VI, Section IV, Para. I

Article VI, Section III. Para. I

In the proposed revision. superior courts shall have exclusive jurisdiction over trials in felony cases. The present paragraph gives Superior courts jurisdiction in "criminal cases where the offender is subjected to loss of life or confinement in the penitentiary".
In the proposed revision. a juvenile or family division of the superior courts shsll handle juvenile matters and such other family matters as provided by law. In the present provision. the Superior Courts ~~ve exclusive jurisdiction over divorce, and jurisdiction over criminal cases involving juvenile offenders shall be provided for by law.
The proposed revision gives Superior Courts exclusive jurisdiction in cases involving over $100,000.

Article VI. Section I. Para. IV

Article VI, Section IV, Para. II

Article VI, Section I, Para. IV

Article VI. Section IV, Para. III

Article VI, Section III. Para. I

The present provision gives the Superior courts exclusive jurisdiction over equity cases. The proposed revision permits the Superior courts to exercise equity power and to issue process in the nature of mandamus, prohibition, habeas corpus. specific
performance. quo warranto, and injunction.

The proposed revision grants each court the authority to exercise such powers as necessary to aid its jurisdiction and judgments. The present provision gives the General Assembly the power to grant such authority to the courts.

The proposed revision grants superior

courts jurisdiction in all cases,

except as otherwise provided in the

Constitution. The present provision

grants superior courts jurisdiction in

all civil cases, except as otherwise

provided in the Constitution.

~

ARTICLE VI JUDICIAL BRANCH Page 8

PRESENT PROVISION

PROPOSED PROVISION

Article VI. Section IV. Para. IV

Article VI. Section III. Para. I

Article VI. Section IV. Para. V

None

Article VI. Section IV. Para. VI

None

Article VI. Section IV. Para. VII

None

Article VI. Section IV. Para. VIII. Sentence 1

Article VI. Section I. Para. VI

Article VI. Section IV. Para. VIII. Sentence 2

None

Article VI. Section IV. Para. IX and .
Article VI. Section IV. Para. X

Article VI. Section I. Para. III

Article VI. Section V. Para. I

None

CHANGES
No change.
Deleted. Rules of practice and procedure shall be provided for in the revised Article VI. Section IX. Para. I.
Deleted. Provided for under revised Article VI. Section IX. Para. II.
Deleted. Provided for under revised Article VI. Section IX. Paragraph I.
In the proposed revision. each circuit shall have at least 1 superior court which shall hold court at least twice each year. In the present provision. the superior court shall sit in each county at least twice each year.
Deleted. Provided for under revised Article VI. Section IX. Para. I.
In the proposed revision. a qualified judge may sit in another court. providing both courts consent. under Supreme Court rules. In the present paragraph. the General Assembly may provide for the appointment of a substitute judge. In counties with city or state court judges. a superior court judge may preside in either court. if a state or city court judge is disqualified.
The present section authorizing the General Assembly to create a State Court of Claims has been deleted.

ARTICLE VI JUDICIAL BRANCH Page 9

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section VI, Para. I

Article VI, Section I, Para. VI

CHANGES
Both the present and proposed paragraphs provide for a probate court in each county.

Article VI, Section I, Para. V

The proposed revision requires that all probate cour~s have uniform rulesof practice procedure. The present phrase regarding appeal to the Superior Court is deleted in the proposed revision.

Article VI, Section VI, Para. II (a) and (b)

Article VI, Section II, Para. I

The proposed revision gives the probate court such jurisdiction as shall be provided by law. The present paragraph makes a detailed listing as to the powers and jurisdiction of the probate court. The present paragraph confers like jurisdiction upon the city police courts and municipal cour t judges.

Article VI, Section I, Para. V

The proposed revision requires that all probate courts have uniform jurisdiction and powers.

Article VI, Section VI, Para. III

Article VI, Section VIII, Para. I

The proposed revision authorizes a judge to be elected for.a 6 year term, but permits probate court judges to be
appointed and, by law, be given shorter terms.

Article VI, Section VI, Para. IV

None

Deleted. Unnecessary.

Article VI, Section VII, Para. I, Sentence 1 and 2

Article VI, Section X, Para. 1(6)
Article VI, Section I, Para. VI

Article VI, Section VIII, Para. I
Article VI, Section I, Para. VII

1. The proposed revision renames justice of peace courts to magistrate courts.
2. The proposed revision requires each county to have at least 1 magistrate court. The present provision requires 1 justice of peace court in each militia district, unless otherwise provided by the General Assembly.
3. The proposed revision authorizes a 6 year term, or shorter, if provided by law. The present paragraph provides for a four year term.
4. The proposed revision permits the General Assembl~ upon certification by the Supreme Court, to abolish, modify, or create any court. The present paragraph permits the General Assembly, in its discretion, to abolish justice of the peace courts and create another court in its place.

ARTICLE VI JUDICIAL BRANCH Page 10

PRESENT PROVISION

PROPOSED PROVISION
Article VI, Section IX, Para. I

CHANGES
5. The proposed revision authorizes the Supreme Court to adopt rules of practice and procedure for all classes of. courts. The present paragraph authorizes the General Assembly to provide rules of practice and procedure for courts created under present Article VI, Section VII, Paragraph 1.

Article VI, Section VII, None Para. I, Sentence 3

The present sentence regarding the civil court of Fulton County has been deleted.

Article VI, Section VII, None Para. I, Sentence 4

The proposed revision mandates uniformity except in municipal courts. The present paragraph exempts courts created under Article VI, Section VII, Para. I from uniformity requirements.

Article VI, Section VII, Para. II

Article VI, Section I, Para. V and Article VI, Section II, Para. I

Proposed revision requires all courts of each class have uniform jurisdiction, uniform rules of practice and procedure, and uniform terms. Proposed revision authorizes the jurisdiction of magistrate courts be as provided by law. The present paragraph states the jurisdiction of justice of the peace courts. The present provision regarding time and place of holding court and the method for appeal has been deleted.

Article VI, Section VII, Article VI, Section VIII,

Para. III

Para. I

Proposed revision provides for election or appointment. Present provision provides for election. The phrase, "and shall be commissioned by the Governor", has been deleted.

Article VI, Section I, Para. V

Proposed revision provides that courts of each class shall have uniform discipline of judges. Present sentencE regarding "removal on conviction of malpractice" has been deleted.

Article VI, Section VIII, None Para. I

Deleted.

Article VI Judicial Branch Page 11 ,

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section IX, Para. I

Article VI, Section I, Para. V

Article VI, Section X, Para. I

Article VI, Section VI, Para. I

Article VI, Section X, Para. II

Article VI, Section VI, Para. II

CHANGES
The proposed revision mandates that courts of each class shall have uniform jurisdiction, powers, rules of practice and procedures, and selection qualifications, terms, and discipline of judges. (Municipal courts are exempted from this mandate). The present provision mandates that court& of each class, except as otherwise provided in the Constitution, shall have uniform jurisdiction, powers, and rules of practice and procedures. (State courts and city courts are exempted from this mandate).
The proposed revision authorizes the election of the Attorney General as provided in the Constitution for executive officers, for a 4 year term. The present provision authorizes election of the Attorney General "at the same time, for the same term, and in the same manner as the Governor".
In the proposed revision, the Attorney General shall:
1) be chief legal officer of the StatE
2) provide legal representation to any branch of government, as provided by law-
3) be an officer of each court
4) represent State in all civil cases
5) represent State in criminal cases when required by the Governor.
In the present provision, the Attorney General shall:
1) act as legal advisor of the Executive Department
2) represent the State in the Supreme Court in all capital felonies
3) represent the State in all civil and criminal cases in any court when required by the Governor.
4) perform such other services as required by law.

ARTICLE VI JUDICIAL BRANCH Page 12

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section XI, Para. I

Article VI, Section VII, Para. I

CHANGES
In the proposed revision, a successor shall be elected at the next general election which is more than 6 months after a vacancy is filled. In the present paragraph, a successor is elected at the next general election which is more than 30 days after the vacancy occurs.

Article VI, Section XI, Para. II

Article VI, Section VII, Para. II

The proposed paragraph authorizes the district attorney to represent the state in the superior courts, Court of Appeals, and the Supreme Court, except when the State is represented by the Attorney General. The present provision does not include that exception.

Article VI, Section XI, Para. III

None

Deleted. Unnecessary.

Article VI, Section XII, Article VI, Section VIII,

Para. I

Para. V

1. The proposed revision authorizes all judges to receive compensation and allowances as provided by law, and specifies that they shall not be decreased during the incumbent's term of office. The present paragraph refers only to judges of the Supreme Court, Court of Appeals, and Superior Courts, and the District Attorneys. The present provision permits the General Assembly to allow counties to supplement the compensation of judges and district attorneys.
2. The present provision makes special provision for the compensation of judges in Richmond County. No such provision exists in the proposed revision.

Article VI, Section XII, Article VI, Section VII,

Para. II

Para. I

The proposed revision provides that compensation of the district attorney shall be provided by law. The present gives the General Assembly the authority to abolish or reinstate the fee system of compensating the district attorney in any circuit, and also to determine the disposition of such fees, if abolished.

ARTICLE VI JUDICIAL BRANCH Page 13

PRESENT PROVISION

PROPOSED PROVISION

CHANGES

Article VI, Section XIIl, Article VI, Section VIII,

Para. I

Para. I

The proposed revision requires judges, except magistrate and probate, to have been admitted to practice in the Supreme Court for 7 years. Under the proposed revision, magistrate and probate judges must complete periodic judicial training. The present provision requires judges of the
Supreme Court, Court of Appeals and superior courts to be 30 years of age, citizens of Georgia for 3 years, and law practitioners for 7 years.

Article VI, Section VI, Para. I

Proposed revision requires the Attorney General to have been admitted to practice in the Supreme Court for 7 years. The present provision requires the Attorney General to be 25 years of age, citizen of Georgia . for 6 years, and a law practitioner for 7 years.

Article VI, Section VII, Para. I

Proposed revision requires the District Attorney to have been admitted to practice in the Supreme Court for 5 years. The present provision requires the district attorney to be 25 years of age, a citizen of Georgia for 3 years, and a law practitioner. for 3 years.

Article VI, Section XIII, Article VI, Section I,

Para. II

Para. III

The proposed paragraph authorizes a qualified judge to preside in any court upon the consent of the court involved, under Supreme Court rules. The proposed revision includes senior judges in its definition of "judges". The present paragraph states that judges emeritus of the Supreme Court, Court of Appeals, and Superior Courts are eligible to preside in those courts, under methods prescribed by the General Assembly.

Article VI, Section XIII, Article VI, Section VIII,

Para. III <a)

Para. VI

1. In the proposed revision, the judicial
qualifications commission .consists of at least 1 judge from every class of court except the Supreme Court, at least 1 district attorney, the
immediate past-president of the State Bar of Georgia, and at least 2 nonlawyer citizens, appointed by the Governor. In the present provision, the commission consists of 7 member~ as follows: 2 judges of any court, 3 members of the State Bar, 2 non-lawyer citizens, appointed by the Governor.

ARTICLE VI JUDICIAL BRANCH Page 14

PRESENT PROVISION

PROPOSED PROVISION

CHANGES
2. In the proposed revision, judge members are selected by each class of court. In the present provision, judge members are selected by the Supreme Court.
3. In the present provision, commission members are given a 4 year term. The_ proposed revision does not stipulate a term.
4. The present provision includes statements regarding the method of removing a commission member, allowances for expenses, eligibility, and other rules. Such details are not included in the proposed draft.

Article VI, Section XIII, Para. III (b)

Article VI, Section VIII, Para. VI and
Article VI, Section VIII, Para. VII

1. The proposed revision gives the Judicial Qualifications Commission authority over judges, district attorneys, and attorney general. The present provision only regulates judges.
2. The proposed revision deletes one ground for discipline: for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. The proposed revision adds one ground for removal: for conviction of a crime involving moral turpitude.
3. The proposed revision states that the Supreme Court shall adopt rules of implementation. The present provision details the procedure for removal or discipline of a judge.

Article VI, Section XIV, Para. I through Para. VII, inclusive

Article VI, Section I, Para. V

The proposed revision states that "venue shall be provided by law". Present paragraphs 1 through 7 have been deleted in the proposed revision.

Article VI, Section XV, Article VI, Section IX, Para. I through Para. II Para. I

The present provision authorizes the Supreme Court, with the advice and consent of each class of court, to adopt rules of practice and procedure. Present Paragraphs I through III have been deleted.

ARTICLE VI JUDICIAL BRANCH Page 15

PRESENT PROVISION

PROPOSED PROVISION

Article VI, Section XVI, Article VI, Section I,

Para. I

Para. VII

CHANGES
The proposed revision enables the General Assembly to abolish, create, or modify any court, upon certification of the Supreme Court. The present provision enables the General Assembly to abolish any court not specifically mentioned in present Section I of Article VI.

COMMITTEE TO REVISE ARTICLE VI JUDICIAL BRANCH
COMMENTARY
The proposed draft of Article VI seeks to capsu1ize in the Constitution only those basic and essential principles which the people of the State want their court system to have as fundamentals. It will thus provide a stable framework within which future development of the court system may occur, and establish an orderly outline for a court system, which Georgia has not heretofore had.
Section I - Judicial Power
Paragraph I. Judicial power of the state. That governmental power which is known as the "judicial" power is currently vested in a plethora of courts, as illustrated by the diagram of the Georgia Court "System" 1980 attached to this commentary, and to some degree in administrative agencies such as the Workers' Compensation Board. The Article proposes simplifying the court structure into four classes of trial courts and two appellate courts. The trial court level will be composed of one court of general jurisdiction and three courts of limited or special jurisdiction. The general jurisdiction court is required to have a separate and distinct juvenile court division. If in the future the legislature desires to expand the jurisdiction to that of a family court division, it may do so.
Those quasi-judicial powers now vested by legislation in administrative agencies would remain governed in the same manner they are now, that is, by legislation which does not contravene the delegation of judicial power to the courts by the Constitution. Municipal courts, with their jurisdiction only over ordinances, will remain governed by municipal courts. As now, the General Assembly will be able to authorize the provision of certain laws, such as those governing traffic, to be adopted as ordinances. The municipal courts will not be subject to the constitutional requirements affecting the rest of the court system, such as uniformity, because of their significant differences and functions throughout the State.
Paragraph Ii. Unified judicial system. The current court structure is fragmented and comprised of vastly dissimilar courts throughout the State. The proposal provides for a unified court system which will be cohesive, will be made up of courts which will complement and communicate with one another, will be able as a unit of government to plan comprehensively for meeting future needs of the people ,for judicial services, and will provide more equally the same quality and quantity of justice State-wide. The present lack of an organized and orderly system, if continued, would otherwise prevent the courts from handling the workload imposed by rapidly increasing litigation. It could also prevent the state's courts from meeting the demands of the voters for return of control. from. the federal to the state1eve1 of government. Thirdly, it would prevent the state's courts from meeting that challenge of the federal courts which favors a greater portion of judicial functions being returned to the courts of the stUes. The Article prep.ares to meet these demands and challenges.
Paragraph III. Judges; exercise of power outside own court; scope of term "judge". At present, "visiting judges" are authorized to help out in certain circumstances where workload or sickness causes backlog in a particular court. The Article expands on this concept so that the body of judicial talent and resources existing at anyone time in the State can be used more fully. With the consent of all involved, judges who have time to give temporary assistance where needed, and judges who need extra help occasionally, will be able to coordinate their efforts to keep the calendars moving.

Page 2
Paragraph IV. Exercise of equity power. It is not clear presently whether some limited jurisdiction courts have power to enforce their judgments. The Article will give uniformly to all courts the power to carry out their judicial function so that, for example, they can hold a person in contempt for failure to obey a legal order. Due, however, to the great disruptive and irreversible nature of the power inherent in certain equity proceedings, only the superior and appellate courts will have that power to act prospectively to affect future events.
Paragraph V. Uniformity of jurisdiction, powers, etc.; de novo trials; overlapping jurisdiction; venue. Currently there is little uniformity among the many types of courts in Georgia, particularly at the various levels below the superior court. Even the State Courts, which are supposed to be alike under the concept of the State Court Act, are in reality dissimilar in jurisdiction, term of office, and so on. Some probate courts hear traffic cases and some do not have that authority. Many areas (100 counties) do not actually have juvenile courts, although they are authorized by law. The Small Claims Courts, the first of which was created in 1957, vary in jurisdiction from $500 to $4,000 and in selection from appointment by grand jury, for example, to election by the voters; some possess as well the powers of the justice of the peace. Justices of the peace, by virtue of local constitutional amendments, possess differing civil jurisdictional limits. These wide variances and discrepancies have evolved because, by and large, each court of limited jurisdiction was created individually by local act. The lack of uniformity has itself been a factor in the creation of additional courts.
The Article proposes uniformity within each class of court so that wherever a person happens to be or reside in the State, he will have access to the same types of courts with the same basic characteristics. The confusion and uncertainty which now abound should be alleviated by the simplicity of a uniform system. Also, the proposal requires each superior court to have a separate juvenile or family division. The Article will more nearly achieve equal protection of citizens' rights by providing the same levels of courts throughout the State.
De novo trials are abolished because they are wasteful retrials of a case, tried onceusually by a non-lawyer judge - and having to be tried in another court with a lawyer judge. The time and cost to litigants, judges, and taxpayers can be significantly reduced by substituting appeals, by which a lawyer judge reviews the record of the trial inatead. Mandatory training for lay judges should also contribute to the reduction of this duplication of effort.
Overlapping jurisdiction among the multitude of limited jurisdiction courts is abolished because the system does not need two courts doing the same thing in the same locality. Thia provision for streamlining should yield savings for the taxpayer. It will also preclude judge-shopping, which allows lawyers to choose the court they believe their clients have a better chance in, which practice itself gives the bar rather than the courts control over caseload. Such lack of control by the courts ultimately hampers planning and calendar scheduling.
In order to provide for orderly transition, the principles in this portion of the Article are given an additional 2-year breathing period after the effective date of the Article in which to be implemented completely. This will allow a gradual shift from the present situation.
Paragraph VI. Judicial circuits; courts in each county; court sessions. The structure of courts which each locality is to have is not set out anywhere in a comprehensive way in Georgia law. The Article provides the blueprint, so that the people of each county and each circuit will know what they are entitled to. The structure will be built on the existing county-wid. and the broader circuit-wide concepts. Limited jurisdiction courts, which handle the greatest majority of cases and disputes by far, will be

Page 3
organized at the local county level, much as they are now, so that they will be close to the people. The superior court, which is the general jurisdiction court and handles the less-frequently occurring matters, will operate circuit-wide, generally in an area larger than a single county, but must hold court at least twice yearly so that disposition of cases is not unduly delayed.
Paragraph VII. Judicial circuits. courts. and judgeships. law changed. Changes in the court structure have in the past occurred on an ad hoc basis. with no overall conception of the need or effect of that change on the jUdicia~ystem. Many times courts have been created to meet a then-existing need or desire, with~ut considering that creation in the context of the rest of the system. its affect on the taxpayer, or the need for its permanency. Rarely has a court or judgeship. once created, been abolished. The Article leaves changes to be made by the General Assembly but provides for court structure changes to be made only when the Supreme Court certifies to the General Assembly that such changes are necessary. The Court. removed from the pressures of political consideration. has an experienced and informed panoramic view of the operating system as well as close communication with the courts then existing in that locality. These factors will allow changes to be made on the basis of need for judicial services, taking into account the cost, planning for the future, and the availability of temporary judicial assistance from elsewhere in the State.
Paragraph VIII. Transfer of cases. Currently, cases filed in the wrong trial court must be dismissed and the erring litigant, seeking only to have his dispute resolved, must start allover elsewhere, at substantial cost and loss of time. The complexity of, and diversity among, our various courts makes this a not-unc01lllllOn happening. The objective of a lawsuit is to resolve a dispute as quickly and inexpensively as possible; by simply allowing transfer, the Judicial Article advances these goals. If the transfer itself is thou~ht erroneous, an appeal can be then taken to resolve the issue before the case is fully tried. Transfer will allow the merits of the case to be heard in the right court, once the case is filed in the system. This concept already applies between the two appellate courts, by the Constitution.

Section II - Classes of Courts of Limited Jurisdiction

Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The present

Constitution contains a myriad of provisions laboriously detailing the jurisdiction of

many courts and yet leaves the jurisdictional limits of other courts, and additional

jurisdiction for the covered courts, to be provided by law. This dichotomy has

historically allowed the orderly development of some courts in a way which was sensitive

to changing needs while prohibiting the legislative improvement of other courts. The

monumental obstacles encountered by the constitutional amendment process slowed the court

system's ability to keep pace with modern principles of management and technology and with

the demands of a moving and growing populace. The Article proposes to leave the

jurisdictional limits of all of the limited jurisdiction courts to be provided by

statute.

This will allow the development of these local courts in a manner

responsive to the rapid societal changes most immediately felt at these levels which

deal with day-to-day affairs. The safeguard for these local courts is that the Article

prevents the General Assembly from abolishing any class of court or changing the

fundamental nature stated in the Constitution for that class of court. And elsewhere

in the Article, each county is guaranteed a probate court and a magistrate court,

uniform in their jurisdiction and basic particulars.

Page 4
Section III - Superior Courts Paragraph I. Jurisdiction of superior courts. The superior courts have traditionally been the courts of general jurisdiction in Georgia. While they exercise and will continue to exercise some limited appellate jurisdiction, their primary function is and will continue to be as a trial court. As general jurisdiction courts, it is important that in this one instance there be overlap of jurisdiction with the courts of limited jurisdiction. This will principally allow coverage of cases in those localities where there is no need for a state court, and it will allow the superior court to take jurisdiction by consolidating a whole matter when part of it would otherwise come within the jurisdiction of a limited court.
The superior courts will retain jurisdiction over felony trials and title to land cases but, due to the blurring of the distinction between law and equity over the centuries, the Article does not retain exclusive jurisdiction of equity cases in the superior court. Also, it does not specifically mention divorce, as the present Article does, so that the General Assembly can, if it deems it appropriate, later expand the juvenile division functions to include this as well as other family matters and change its name to "family" division.
So as to effect a maximum monetary' limit for the limited jurisdiction courts, some of which courts are permitted to have lay judges and all of which courts are intended to handle quickly the more routine and day-to-day business of the cODDllUnity, the superior court is given exclusive jurisdiction of large suits involving over $100,000. This is intended to keep the caseload flowing at a more rapid pace through the local courts.
As for the appellate jurisdiction of superior courts, the Article leaves room for the General Assembly in the future to provide for an intermediate appellate level using the superior courts, as one alternative to meeting the burgeoning appellate caseload. This does not change the existing Constitution except to make this provision more explicit and to allow circuit-wide or district-wide jurisdiction over appeals.
Section IV - Court of Appeals Paragraph I. Composition of Court of Appeals; Chief Judge. The present Constitution guarantees only three judges for the Court of Appeals. The ever-increasing volume of cases makes the present complement of nine judges minimally necessary. The proposed Article therefore increases the required number from three Ito nine, leaVing it to the General Assembly to increase the number if warranted. However, the benefits of collegiality derived from a small sroup will probably keep the number at nine and result in the evolutio"l of other avenue, for handling greater workloads. Consistent with the practice in ne&cly all multi-judje courts in Georgia, the Court of Appeals judges are empowered to select from among themselves the chief judge.
Paragraph II. Panels as prescribed. The present Constitution does not expressly mention panels, but this practical division of workload, practiced now for a number of years, is included in the new Article's outline of court structure. It guarantees that no less than three may sit on a panel and thus decide a case.
Paragraph III. Jurisdiction of Court of Appeals; decisions binding. Cumbersome verbosity, tacked on over the years, characterizes the present Constitution's provisions for the appellate courts. The proposal streamlines the language and identifies the central purpose of the Court of Appeals, which is to handle the vast bulk of cases in which some review on the record is desired by a party who has lost in the trial court. Without spelling out all of the types of cases in its jurisdiction, which would be folly lest a type later develop or be inadvertently omitted, specified types are carved out for the Supreme Court and the Court of Appeals has the remainder. Two safety valves on workload are provided (in addition to the possible addition of judges): 1) Full formal review of every appealed civil case is not required, so the Court can deal more efficiently and fairly with those cases in which the law is settled or the appeal lacks any merit;
(',-:"".., \

Page 5
2) The General Assembly can enlarge the appellate function of other courts. To give maximum certainty to the status of the law, and uniformity of law throughout the State, it is expressly provided that the Court of Appeals' decisions must be applied by all other courts except the Supr~Court; this is not currently in the Constitution, although the Constitution does provide that the Supreme Court's decisions bind all co~rts. As is now the case, the Court is authorized to ask the Supreme Court for instruction on a point of law if it wishes. True to the guiding principle of constitutional drafting applied to the 'proposed Article, the rest of the provisions in the present Article are left to be provided by law because they are details and not fundamental principles.
Section V - Supreme Court
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; guorum; substitute judges. The proposal correlates the provisions for the Supreme Court with those of the Court of Appeals so that the same subject matters are outlined for both courts. Again, only the fundamentals are retained in the Constitution, with the many wordy details, which have crept into it being properly assigned to law. The present complement of seven justices is continued, but some flexibility is introduced to the extEQ1t that the General Assembly may increase it to nine. As currently provided, the justices choose the chief justice and, since the State'should not be without an acting chief justice, the justices also choose an alternate. Because the body is small and because the decisions often are particularly weighty or directly affect the general public, provision is made for a substitute if any justice is absent. This continues the current Constitutional provision except it enlarges the pool of potential substitutes to include Court of Appeals and other qualified judges.
Paragraph II. and III. Exclusive appellate jurisdiction of Supreme Court. Gen.raT appellate jurisdiction of Supreme Court. Jurisdiction in the Supreme Court is made to depend on the subject matter to be reviewed. Currently, that criterion is complicated by setting out the courts from which appeals may be taken. The latter criterion is wholly unnecessary, since the purpose of the Supreme Court is for a body of seven (or eight or nine) reviewers to decide a serious question of law in certain carved-out areas of societal relationships. The focus is on the nature of the subject matter, not on which trial court it arose in. The subject matters listed in the current Constitution are substantially continued, except as follows:
1) election contest cases, and civil cases in which the state or one of its agencies or officials is a principal party, are added;
2) the designation of "all equity cases" is eliminsted because of lack of clarity of that term;
3) habeas corpus, divorce, and alimony cases are left to the Court of Appeals unless the General Assembly designates otherwise;
4) instead of "all cases involving extraordinary remedies," the proposed Article specifies jurisdiction over specific performance, injunction, mandamus, quo warranto, and prohibition. The General Assembly, however, may shift this jurisdiction and cases involving wills and title to land, to another court.
The concept proposed for the Court of Appeals, of allowing the judges to study the civil cases and exercise their discretion as to which ones warrant full formal review and which can fairly be dealt with more expeditiously, is equally applied to the Supreme Court. This will contribute to maximum use of judicial time and talent by allowing judgment to be exercised in the allocation of these resources.

Page 6
Paragraph IV. Jurisdiction over questions of law from state or federal appellate courts. A current rule allows the Supreme Court to respond to questions about Georgia law when its answer is sought by a sister state's or a federal appellate court. This accomnndating practice, which speeds the disposition of cases outside the Georgia Court 'ystem but stilI involve Georgia law, is embraced in the proposed Article to contribute .oncretely to the national fabric of judicial, improvement.
Paragraph V. Review of caRes in Court of Appeals. The proposed Article expressly prvvides in a simplified and more straightforward manner, a mechanism which has been satisfactorily utilized in practice. It quickly moves to the Supreme Court ~rom the Court of Appeals those special or monumental cases which would ultimately end up in the Supreme Court and thus will avoid the waste of duplicate review in many instances.
Paragraph VI. Decisions of Supreme Court b1ndins. This provision continues and clarifies the precedential significance of Supreme Court decisions.
Paragraph VII. Rules of evidence; law prescribed. Kany of the rules of evidence have evolved piecemeal by appellate court decisions over the course of Georgia's history. This method of considering the rule only in the context of a specific case fails to take into account the total breadth of its potential applicability or its relationship to the objectives of other rules of evidence, which objectives should be a c~lementary governance of the admissibility of evidence. Nor does it allow changes to keep pace with modern techniques or procedures which make evidence more or less reliable. The rules of evidence, which govern what type of testimony and documents should be allowed and uder what conditions, are best made by the courts; they are uniquely situated to build
p that body of experience from Observation and use which yields the fairest and most practical guidelines for what is appropriate for the fact-finder to consider. Yet the courts must await the maturation of a concrete case where the evidence question is raised on appeal, before they can establish or revise a rule. The alternative of legislation is unsatisfactory because conaideration of the rule out of context and without an understanding of the trial processes is cumbersome at best.
The Article proposes a uniform and cohesive 'treatment of this subject by providing that the Supreme Court prescribe these rules. Much of the power to do so now rests there, aDd this provision would resolve the fragmented methods by which such rules have evolved. A check-and-balance aspect is added in that the General Assembly can monitor the Court, in effect, by disapproving any rule.
Paragraph VIII. ,Admission to State Bar of Georgia; discipline of attorneys. Presently, the Supreme Court oversees admission to the State Bar and attorney discipline. It is thus ultimately responsible for the quality of legal representation in this State, since all practicing attorneys must belong to the State Bar. Although this duty is not in the present Constitution, the proposal includes it because of the significance and importance of this subject to the people of Georgia.
Jection VI - Attorney General Paragraph I. Election; term of office; qualifications; compensation and allowances. The chief legal officer of the State is retained in the Judicial Article due to historical evolution in Georgia, although most of his duties are executive in nature. Whereas the current Constitution provides the features of his office by mere reference to the chief executive office of the State, the proposal expressly sets them out. It requires of him the same qualifications of experience required of judges on the higher courts.
K4J

Page 7
Paragraph II. Duties. Since the Attorney General is in fact the chief legal officer of the State. whether viewed within the state system or as this State relates to others. the proposal clearly says so. It also clarifies his duties to be the State's legal counsel when it is a party to litigation and. as now. to represent the State in criminal cases when called upon to do so by the Governor. The General Assembly may add or particularize duties of the Attorney General relating to any branch of government. Because of the hybrid nature of the office. the proposal also makes it clear that the Attorney General is an officer of the court.
Paragraph III. Discipline, removal. and involuntary retirement. Having both executive and judicial duties, the Attorney General is made subject to both the disciplinary measures which apply to executive officers as well as those which apply to judges. He is not subject to the Qualifications Commission in the present Constitution.
Section VII - District Attorneys
Paragraph I. Number; term of office; qualifications; vacancies; compensation and allowances. In order for a rational scheme to be maintained. district attorneys are also retained in the Judicial Article. Their term of office, method of selection, and number remain the same. The proposal adds the minimal qualification of 'five years experience for this sensitive office which has control of at least all felony prosecutions in this State. Like all other offices mentioned in the Article. the question of salary is left to law for the sake of flexibility.
Paragraph II. ~. As now, it is proposed that the district attorney continue as the primary prosecutor in criminal case,. The provision acknowledges and thus correlates this paragraph with the provision authorizing the Governor to appoint the Attorney General for such duty in certain cases. Consistent with the provision for the Attorney General. it also allows the General Assembly to enlarge or particularize the duties of the district attorneys as future needs arise. As now. the Constitution is left silent with respect to solicitors general and the State's representation in criminal cases in the limited jurisdiction courts. This is best left to law. which can accommodate to the more volatile changes in the volume. dispo'sition. and body of misdemeanor cases.
Section VIII - Selection! Term. Compensation and Discipline of Judges
Paragraph I. Election: term of office. Nonpartisan election of judges is provided for. This does not contemplate what is known as the ''Missouri Plan" by which judges run on their record. Rather. they could be opposed by anyone who qualifies as a candidate. The General Assembly would prescribe the precise method. such as including judicial candidates' names on both parties' primary ballots.
Georgia's current unique system. combining merit selection and election. will be made a part of the Constitution. Currently. vacancies are filled by the Governor from among candidates who are screened and recommended by an impartial nominating commission created by executive order. Thereafter. when the term of appointment expires. the appointees must face the electorate along with any opponents. Due to the realities of what transpires. a large percentage of judges on the state. superior. and appellate courts of the State go through this dual process.

Page 8

Although the nominating commission is now not constitutionally provided for, the desire

for protecting the people's interest in merit selection mandates its inclusion of this

method, which experience has proved invaluable. Moreover, since the Qualifications Com-

mission, which is currently in the Constitution, provides for one end of the spectrum

(removal and discipline by an impartial body), the Nominating Commission provides for

the other end of the spectrum (executive appointment with the counsel of a likewise im-

partial body). These safeguards aim at producing the best possible judiciary and are

the backbone for an exemplary court system.



That may be said also of the provision for six-year terms for all judges, at least on the superior and appellate levels. At present, the Constitution provides six-year terms .for appellate courts, four-year terms for superior courts, and eight-year terms for Fulton County Superior Court. Many states provide six-year terms. This is the shortest period that can serve the somewhat competing ends that must be met in the selection process. On the one hand, the purposes are to attract the most qualified persons to relinquish successful law practices and to allow judges to be relatively removed from contin-
ual political involvement so as to protect independence and impartiality in tlie judicial branch. On the other hand, the purpose is to make the judges responsible to, and responsive to, the people whom they serve. With respect to the limited jurisdiction courts, it is prOVided that the General Assembly may designate the judges' method of selection and term of office (not more than six-years). Since th<s level of the court system is most. subject to change, is experiencing significant development and evolution, and contains dis8imilar classes of courts, flexibility
and tailoring are provided for. Thus, for example, the General Assembly may deem the wisest selection process for magistrates to be election for four~year terms, or some other scheme. This broad authority in the legislature is guarded, however, by the requirement that any appointive method include the nominating commissions so that the people's right to qualified judges is guaranteed. The Article allows the General Assembly to authorize local or regional nominating commissions so that thes.who best know the candidates can make the judgment as to his qualifications, and so that the state-wide Nominating Committee is not burdened with the great number of limited jurisdiction appointments that must be made annually.
Paragraph II. Qualifications. Rather than require a variety of minimal qualifications for judgeships on different courts and other offices in this Article, the proposal requires the single qualification of seven years' admission to the highest court of the state for all judges (except magistrate and probate) and the Attorney General. This embraces a relatively substantial period of experience in the practice of law in Georgia and inherently, sufficient age. District attorneys will be required to have only five years admission, which is deemed adequate. Lay judges, authorized only for the magistrate and probate courts, will be constitutionally mandated to take periodic training in the areas of the law covered by their subject matter jurisdiction. Thus, the Article proposes a properly trained judiciary, some trained in advance in law school and by the practice of law, and some trained when they become judges. Although continuing legal education will only be constitutionally required fer lay judges, the General Assembly can legislate the same for every judge, as the financial resources and priorities of the State allow.

The proposed Article guarantees that the judge reside locally. Also, it eliminates the inherent conflict of interest which exists when part time judges are allowed to practice law as well. This would not prevent a former judge from practicing law, but he cannot at the same time be a ~ judge and thus qualified for temporary duty.

Paragraph III. Vacancies. The nominating commission process is here outlined, as the method for filling vacancies in the judiciary". It will remain an appointive body selected by the chief executive officer of the State, except perhaps for limited jurisdiction courts. As to these more local and multitudinous courts, the General Assembly

-,
....... \

Page 9
may designate someone other than the Governor, such as the chief superior court judge in the circuit, to make the appointment. It may also establish more localized nominating collllllissions. Both local appointers and screeners would be more knowledgeable about the nominees and the community to be served. If, however, the General Assembly does not choose to localize the selection process, the appointment power will remain with the Governor, counseled by the State-wide Nominating Collllllission.
Paragraph IV. Period of service of appointees. The Constitution does not provide uniformly for the term of an appointee when a vacancy is filled. The proposal sets out such a provision, which will apply alike to any office covered in the Judicial Article. The appointee's term will be at least approximately eight months (to the next January 1), and not less than six months before he is required to run for a full term. Thus, on one side of .the coin, someone appointed to fill a vacancy occurring at the beginning of a six-year term will not be immune from voter consideration for that entire period; he would have to run in the next general election. On the other side of the coin, someone appointed between June and November of a general election year would not have to run immediately and would have a little over two years to demonstrate his qualifications as a judge or state's attorney. This is a practical balance between democracy and stability.
Paragraph V. Compensation and allowances of 1udges. The proposed Article, in this paragraph as it applies to judges and elsewhere as it applies to district attorneys and the Attorney General, leaves to the General Assembly the setting of compensation and the matter of county supplements, as now. However, it protects the incumbent against a decrease during his term. While it is contemplated that all judges and district attorneys will eventually be salaried, the use of the words "compensation and allowances" embraces fees also, should the General Assembly devise a suitable fee method for parttime judges.
Paragraph VI. Judicial Qualifications Collllllission: power; composition. The Judicial Qualifications CoIIIIIIission is continued as a constitutional body, to act as a guardian of the Code of Judicial Conduct and adherence to it by members of the judiciary. Its purpose is to promote and advance the high standards of behavior, integrity, and continuing competence which Georgia citizens desire in those public servants who are charged with applying the law. It secures a degree of accountability which complements the appointment and election processes by which judges are selected. Thus, judges are responsible for maintaining the high ideals of the judiciary not only periodically to the electorate but also continuously to the CoIIIIIIission, which is a group representing the interest of the people. Since district attorneys and the Attorney General are part of the Judicial Article and have special public responsibilities with respect to the law, they too are subject to the Collllllission.
The membership of the Collllllission is changed somewhat, to include five judges (1 from each class except Supreme Court),a district attorney and another member of the State Bar, and two non-lawyer citizens, a total of nine. Currently the CoIIIIIIission has seven members comprised of two judges, three lawyers, and two non-lawyer citizens. The change was made so that each class of court and the district attorneys would be represented and could therefore participate in a self-policing way.
Paragraph VII. Discipline, removal, and involuntary retirement of judges, district attorneys, and Attorney General. The types of discipline, and the bases for discipline, are described in the Constitution so as to carefully circumscribe the power of the Collllllission. Since it could interrupt the functioning of an elected official, the constitutional curb is included as it is now. The details of its operations will be provided by law rather than retained in the Constitution, however, since these matters are not part of the body of fundamental principles which should be cast in concrete. The proposed Article retains the same list of conduct which may be disciplined, except that it

Page 10
substitutes "conviction of a crime involving 'morale turpitude" for the somewhat obtuse "conduct prejudicial to the administration of justice which brings the judicial office into disrepute." For the sake of clear meaning, precision, and the prior notice aspect of due process, the change is favored. The Article continues the provision for the Commission's rules to be adopted by the Supreme Court. Due process is expressly provided for, and the ultimate sanction of removal or involuntary retirement may not be effected by the Commission without Supreme Court review.
Section IX - General Provisions
Paragraph I. Administration of the judicial system; rules of practice and procedure, etc.; advice and consent of councils. The concept of an orderly court system which administers itself as a coequal branch of government is contained in the present Constitution. While much progress has been realized in the last decade in this area, with the creation of the Judicial Council, Administrative Office of Courts, Judicial Administrative Districts, and so on, the failure of the Constitution to provide any organization or head for the system has seriously hampered this development. The people are entitled to management, planning, correlated budgeting, and comprehensiveness in the system instead of the fragmented, many-headed. relatively weak branch that exists. Horizontal instead of vertical authority in administrative matters is provided for in the proposal, as the Supreme Court must rely on the advice and consent of the various classes of courts in the rules adopted.
The council of each class of court will be composed of all of the judges of that class. and it can devise its own method and manner of organization for proposing and recommending rules. Since each class is substantially different from every other class in size and judicial function. organization is best left to each council individually.
Thus. those judges who are closest to the operations of each class, those who actually experience the daily routine, will participate in the administration of this branch. The Supreme Court's role in administration. under this structure and in view of it own workload of cases. will be principally as a coordinator and monitor so as to avoid conflicts among the various classes' rules, to present a unified budget responsive to financial needs throughout the State. and to give direction to planning and realization of complementary improvement of the courts system-wide instead of myopically. It will be in a position. as in some measure the highest court in the State. to facilitate communication and cooperation emong and between the other courts. A check on the judicial branch's rule-making authority will be the 2/3 veto exercisable by the General Assembly.
As is provided for elsewhere with respect to the implementation of uniformity among the classes of courts. so here. too, a period of 24 months after the effective date of the Article will allow the rudiments of administrative details to be put in place. Of particlular significance is the proposed Article's promise to the people that the courts will be constitutionally responsible for prOViding "for the speedy, efficient, and inexpensive resolution of disputes and prosecutions." That is, the courts themaelves, which in this proposal are given the opportunity to make the rules, will also have the obligation to administer the court system so as to satisfy these overriding concerns of the people whom they exist to serve. Given the authority to conduct the business. the courts will be required to do so in a manner which achieves good management. 'The Constitutionally mandated objective of the rules is speedy, efficient. and inexpensive resolution of cases. with due process.
Paragraph II. Appropriations for Judicial system; court system reserves. Despite the great detail into which the present Constitution goes concerning the judicial branch. it does not provide for funding of the courts except for the salaries of Supreme Court justices. Court of Appeals and superior court judges. and district attorneys and for the expenses of members of the Judicial Qualifications Commission. As to the salaries mentioned. it merely states that they shall be as prOVided by law. The primary source of funding for the courts has been the local governments. The result is that the

Page 11
quality and quantity of justice which the courts can offer depends on what the county or municipality can afford; equal access to judicial services is therefore far from a reality around the State. Moreover, while the local governments support their own courts, the expenses of State-wide agencies is totally within the General Assembly's discretion. As a result, adequate funds to implement the constitutional amendments of 1945 for a unified judicial system and for uniformity have not been provided and these principles have been left unfulfilled.
The proposed Article simply provides for primary financing of the court system by the State so that every person in Georgia has equal treatment. The General Assembly is given the power to determine how the State's funds should be spent as it relates to the courts; this does not prevent a sharing of costs with the localities, which by law can provide facilities or make other contributions. The General Assembly will also be empowered to determine the equitable division of revenue so that the system can be operated as cost-effectively as possible.
Section X - Transition
Paragraph I. Effect of ratification. A gradual and orderly transition schedule is provided for. No judge in office when the Article becomes effective will lo~e his office. Each will be transferred to the new court most like the one from which he comes or will continue in the same court, if its name has not been changed. Thus, for example, justices of the peace and small claims judges will become magistrates, and superior court judges will remain as such.
When the Article is approved by the voters in the general election of November 1982, the General Assembly will have nearly two year (to July 1, 1984) that is, two sessions, to pass the necessary legislation. The Judicial Branch will have 24 months from July 1, 1984, to fully implement the provisions for uniformity and administration. This will allow developmental progress rather than wholesale abrupt revision.
NOTE: The following sections of the present Constitution are omitted:
1. The State Court of Claims (present Section V) has never been created. The State's immunity from suit is being transferred to another part of the Constitution.
2. Notaries public (present Section VIII) are to be prOVided by law rather than be treated as .constitutional officers.
3. Venue (present Section XIV) is to be provided by law rather than be affixed inflexibly in the Constitution. This will allow consideration of venue and jurisdiction to be made and revised by the General Assembly, with more leeway to take into account shifting needs and demands of the people on the courts.
4. Right of trial (present Section XV) will be provided by the Bill of Rights rather than in the Article structuring the court system. The selection of jurors shall be by law, governed overall by the constitutionally protected rights of due process and equal protection.

COMMITTE( MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS 8 MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H JORDAN CHIEF" JUSTICE. SUPREME COURT
J. KEL.LEY OU'LLIAN CHIEF JUDGE COURT OF APPEALS
ARTHUR K BOLTON ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6567158

COMMIT1E.(S MEMBERS
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACI'l; CONNEL.L SPEA~ER PRO TEMPORE
ROY E BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR CHAIRMAN. HOuSE JUDICIARY COMMITTEE
FRANK H. EDWAROS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN 8 HILL. JR. ASSISTANT EXECUTIVE DIRECT.OR

TO:
FRCM: SUBJEer:
DATE:

MEMBERS, SELEer COMMITTEE ON CrnSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Melvin B. Hill, Jr. IJJIJI!,t '
Recommendations for Changes in Article VI
August 3, 1981

Below are suggestions for refinements in the proposed Judicial Article received from a variety of sources since the final meeting of the Judicial Article Committee.

1. Section I, Paragraph 1. After "Supreme Court" on line 14, strike rest of Paragraph I and insert in lieu thereof:

"In addition, the General Assembly may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations 'and, if provided by law, over misdemeanors. Except as provided herein and in Section X, administrative agencies and municipal courts shall not be subject to the provisions of this Article."

Also, amend Section X, Paragraph 1(5) to read as follows:

"(5) Municipal courts not otherwise named herein, of whatever

name, shall continue as and be denominated municipal courts,

except the City Court of Atlanta shall retain its name. Such

courts, and administrative agencies having quasi-judicial powers,

shall continue with the same jurisdiction as such courts and

agencies have on the effective date of this Article, until

otherwise prOVided by law."

'

This makes clear that the existing administrative agencies and municipal courts continue without change, except as may be provided by law, and it gives the General Assembly flexibility to allow non-uniform misdemeanor jurisdiction in certain municipal courts such as Atlanta and Savannah. Savannah can now accept guilty pleas in certain misdemeanor cases, for example.

@

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE August 3, 1981 Page 2
2. Section I, Paragraph IV, line 4: Omit "habeas corpus" because the Great Writ should be an available remedy in any court.
3. Section I, Paragraph V, line 9: Insert after "uniform" the words "subject matter" so that the General Assembly can vary the geographical jurisdiction of the limited jurisdiction courts, depending on current need. For example, some juvenile courts could have circuit-wide jurisdiction while others have county-wide jurisdiction. If this principle of flexibility is adopted, amend Paragraph VI accordingly.
4. Section I, Paragraph VI, line 26: Add at end "in each county" so that a general jurisdiction court is available each year in eacb county at least twice.
5. Section I, Paragraph VII, line 29: Substitute word "recommendation" for word "certification".
6. Section I, Paragraph VII, line 31: Qnit "but no circuit shall consist of less than one county," as it is repetitive of the same provision in Paragraph VI, line 19.
7. Section I, Paragraph VIII, line 1: Substitute word "shall" for word "may" so as to make transfer mandatory instead of discretionary.
8. Section III, Paragraph I, line 16: Omit "and ita cases where the amount in controversy exceeds $100,000.00" so as not to mandate exclusive jurisdiction of such cases to the superior courts. Omitting this will give the General Assembly the flexibility to fashion the jurisdiction of state courts as deemed appropriate from time to time, without an arbitrary monetary ceiling.
9. Section V, Paragraph 11(2), line 33: Insert after "treaty" the words "or of the Constitution of the State of Georgia or of the United States." This is in the present Constitution and should not have been left out of the Draft.
10. Section" VI, Paragraph II, line 16: Substitute "and, when required by the Governor, in criminal cases" for "and in criminal cases when required by the Governor." This will clarify the intention that the required-by-the-Governor phrase does not refer to civil cases but only to criminal cases.
11. Section VII, Paragraph II, line 8: Substitute "and in appeals therefrom" for "the Court of Appeals, and the Supreme Court" so that the Solicitor General may still represent the State in appeals from cases he has prosecuted.

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE August 3, 1981 Page 3
12. Section VIII, Paragraph II, line 22: Amend first sentence to read as follows:
"All judges except those of magistrate or probate courts shall have been admitted to practice law, appellate and superior court judges for seven years and state and juvenile court judges for five years; those judges who have not been admitted to practice law shall complete periodic judicial training as prescribed by Supreme Court rule as a condition of holding office."
13. Section IX: It has been recommended that a new paragraph be added between Paragraphs I and II, as follows:
"Paragraph II. Disposition of cases. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing or at the next term."
This prOV1S10n is in the present Judicial Article and was omitted from the proposed draft.
14. Section IX, Paragraph II, line 25: Change word "reserves" to word "revenues". This was a typographical error.
Also, attached please find a chart showing the estimated cost of judicial salaries and fringe benefits under the present and the proposed Judicial Article. If the State were to assume these costs, it would require an estimated additional appropriation to the Judicial Branch of $11,873,851.
15. Section X: See proposed revision attached.
16. Other recommendations:
a. Sovereign immunity:
The Committee to Revise the Judicial Article recommended that the provisions in Article VI relating to the sovereign immunity of the state be moved to Article I. The present provisions on this subject are found in Section V of Article VI, and provide in pertinent part as follows:
"Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly."

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE August 3, 1981 Page 4
If the Article VI Committee recommendation on this subject is approved, the provisions on the sovereign immunity of the State could be included at an appropriate place in Article I as follows:
"Paragraph _0 Sovereign immunity of the State from suit. The sovereign immunity of the State from suit is hereby expressly reserved except to the extent of any waiver or qualification of such immunity and is now or may hereafter be provided by law." b. Right to trial by jury: Moved to Article I. See separate memorandum on Article I, Section I, Paragraph X attached.
CW

COST OF JUDICIAL SALARIES AND FRINGE BENEFITS UNDER PRESENT AND PROPOSED JUDICIAL ARTICLE

COURT AND NUMBER OF JUDGES PRESENTLY
Supreme Court - 7

ANNUAL SALARY $53,329 ('81)

COST UNDER

PRESENT

SYSTEM TO:

STATE

COUNTY

$468,86sl1

NUMBER
OF JUDGES PROPOSED

COST UNDER PROPOSED SYSTEM

CHANGE

7

$468,868

0

Court of Appeals - 9

52,749 ('81)

596,274

9

596,274

0

Superior Court
117

44,634+('81)

6,559,055 '1:..1

Juvenile Court
8 (Full 31 Time)-
41 (Part 51 Time)-

38,302 avg.('80) 8,244 avg.('80)

$384,858 424,533

117 6,559,055

0

8

448,482 +$ 63 ,6341:../

41

424,533

0

State Court
30 (Full 61 Time)-
50 (Part 71 Time)-

36,299 avg. (' 80) 9,373 avg.('80)

1,367,746 588,624

30

1,367,746

0

50

588,624

0

Probate Court
159!!./

"15,000 avg.('80)11

2,995,560

159 2,995,560

o

Magistrate Court
560 101

6,100 avg.('80)l11

4 , 290 ,496!:l:..l

560 6,048,896lJ/
+ $1,758,400

TurAL

$7,624,197 $10,051,817

+ $1,822,034

Total estimated additional cost to State for state-wide funding of judicial salaries and fringe benefits under proposed Judicial Article:

$10,051,817 + $1,822,034 = $11,873,851

FOOTNOTES
11 In arr1v1ng at the total cost figures, 25.6% of each salary was added to cover the
cost of fringe benefits such as retirement, health insurance, sick leave and vacation. This is the percentage used by the State of Georgia's Budget Office in its cost estimates.
11 The average county supplement is $5,000 ranging from $0 for 99 counties to $15,288 for Fulton County. County supplements could still exist under the
proposed Constitution.
11 The range is from $22,079 for Clarke County to $45,519 for Dekalb County.
il Under the proposed Constitution, the juvenile court would be a part of the Superior
Court (Section III, Paragraph I) so that a full-time juvenile court judge will be paid the same as a superior court judge. Presently, all juvenile court judges are attorneys. ~I The range is from $22,079 for Clarke County to $45,519 for Dekalb County. ~I The range is from $0 for Terrell County to $25,620 for Bibb County.
21 The range is from $2,400 in Clinch County to $24,000 in Clarke County.
~I The Administrative Office of Courts estimates that the majority of probate court judges are not attorneys.
'l.1 The "average" takes into account income from both salary and fees.
101 This figure is the sume of the present number of certified small claims court judges and the present number of certified justices of the peace.
III The "average" takes into account income from both salary and fees. 121 The salary figure for justices of the peace is based upon a 1978 study, Call and
Taylor, Financing Georgia's Courts: An Examination of Costs and Revenues Associated with the Georgia Court System, Criminal Justice Division, Institute of Government, University of Georgia (1978). For this chart, the earnings of justices of the peace found in the study were doubled because of the study's age and apparent underestimation. There are no figures available to indicate how many current certified justices of peace and small claims court judges are attorneys. 131 This figure assumes that magistrates who are full-time will be paid $14,000 and magistrates who are part-time will be paid $5,000. It is also assumed that 60% of the magistrates will operate part-time. These figures are estimates from the Georgia Association of Justices of the Peace and Constables.
...---..., ItS)

ARTICLE VI SECTION X TRANSITION
Paragraph I. Effect of ratification. On the effective date of this article:
(1) Superior courts shall continue as superior courts and juvenile courts shall become a division of the superior courts of their respective circuits.
(2) State courts shall continue as state courts. (3) The Civil Courts of Richmond and Bibb counties and the Municipal Courts of Savannah and Columbus shall become and be classified as state courts. (4) Probate courts shall continue as probate courts. (5) Municipal courts not otherwise named herein, of whatever name, shall continue as and be denominated municipal courts, except that the City Court of Atlanta shall retain its name. Such courts, and administrative agencies having quasi-judicial powers, shall continue with the same jurisdiction as such courts and agencies have on the effective date of this Article, until otherwise provided by law. (6) County courts, justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, and the Recorder's Court of Dekalb County, shall become and be classed as magistrate courts. Paragraph II. Continuation of judges. Each judge holding office on the effective date of this article shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction, except that superior court judges then incumbent of eight-year terms shall be eligible for election to eight-year terms. Each court not named herein shall cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court. Paragraph III. Effective date of article. The effective date of this article shall be July 1, 1984. Until that date, the judicial branch shall be governed by the provisions at Article VI of the Constitution of 1976 in force and effect on June 30, 1983.

ARTICLE I, SECTION I, PARAGRAPH X Approved to date:

Paragraph x. Right to trial by jury; number of jurors; selection and
compensation of jurors. (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed unless the right to trial by jury is waived in writing by all parties.
(b) A trial jury shall consist of 12 persons; but the General Assembly may prescribe any number, not less than five, to constitute a trial jury in courts of limited jurisdiction.
(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors. Grand jurors shall be competent to serve as trial jurors.

Proposed change:

'\\

(a) The right to trial by jury shall remain inviolate, except that the court

shall render judgment without the verdict of a jury in all civil cases when a jury is

not demanded in writing by any party or when a defendant is in default. In criminal

cases, the defendant shall have a public and speedy trial by an impartial jury, and

the jury shall be the judges of the law and the facts. (b) A trial jurY shall consist of 12 persons; but the General Assembly may

prescribe any number, not less than six, to constitute a trial jury in civil and

misdemeanor cases.

(c) Omit last sentence.

(See Commentary attached)

(

Commentary (prepared by Judge Dorothy Beasley, State Court of Fulton County)
(a) 1. Juries in civil cases:
The Overview Committee revision destroys the concept adopted by the people in the 1980 general election amendment to the Constitution. The clause "where no issuable defense is filed" is probably meaningless. The reason is that plaintiff can simple move to strike the written answer, if defendant fails to appear, and this dissolves the issues of liability and all but unliquidated damages. The real question is whether a defendant's jury demand is also stricken. If he chooses not to appear, there is no reason to retain a jury. Thus, whenever a defendant is in default, either by way of not'answering in the first place or by having his 'answer stricken for choosing not to appear for trial, the court should be empowered to enter a judgment without the expenses and futility of empaneling a jury to decide a one-sided, uncontroverted case. (Of course" if there was a good reason for defendant's not appearing at trial, that judgment can always be set aside and defendant be given an opportunity to try his case.)
As to the demand for jury, I would suggest that the right to jury in civil cases is sufficiently protected at this stage of Georgia's developing jurisprudence, practice and procedure, and common knowledge is universal concerning the right to jury, so that for both reasons the Constitution should provide as suggested above rather than as approved by the Overview Committee. This would allow anyone to have a jury in a civil case simply upon demand; without it, the case would be tried non-jury. Implementing legislation would amend CPA Section 39 (Ga. Code Ann. 81-139) to provide civil jury when demanded instead of automatically unless waived, which is the case now and which causes havoc with calendar planning and jury use.
2. Public and speedy trial:
Although the Overview Committee proposes to include this right in Paragraph XIII ("benefit of counsel; accusations; list of witnesses; compulsory process; trial by jury"), it would seem to be an important enough principle to be included in the paragraph relating to the right to trial by jury. It is the foundation right whereas the right included in Paragraph XIII are the rights associated with it. By including it in Paragraph X, it seems to explain substantively what is meant by the statement that "the right . shall remain inviolate ... "
3. Jury as judges of the law:
The Overview Committee revision eliminates the constitutional principle, peculiar to this state, that the jury shall be the judges of the law and the facts. It should be retained because it preserves a principle which is apparently unique to Georgia jurisprudence. There are a number of cases construing it, and there is no reason for abandoning it. It seems to embody the concept that the law itself is subject to scrutiny by the citizens selected to try a particular case and make specific application of that law. That is, the citizens themselves retain a limited right to interpret, for a specific situation, the will of the legislature as enunciated in a statute which by nature is a general statement. The jury, in effect, can conclude that the statute was not meant to cover the incident before them. Jury nullification may also be implied in this constitutional provision.
(b) Six-person juries:
I suggest six instead of five because, although Ga. Code 6-403 allows appeals to five-person juries from justice courts in civil cases, six-person juries are required in criminal cases by the U.S. Constitution. Paris Adult Theater vs. Slaton, 413 U.S. 49 (1973). Since magistrate courts will supplant justice courts and small claims courts, if we retain jury trials in those courts, it ought to be consistent with the six-person juries now used in State Courts.

Also, the legislature should be authorized to allow six-person juries in types of ~ rather than types of courts. It is not equal protection to provide a s!x-person jury in State Court for a misdemeanor when a l2-person jury is provided in superior court for the same misdemeanor, particularly since it is the State which chooses the forum. If six-person juries are restricted to limited-jurisdiction courts, as the Overview Committee proposes, wherever there is concurrent jurisdiction between the superior court and lower courts there will be an inherent disparity in the right to jury trial. Also, the Overview Committee's proposal prohibits the General Assembly from authorizing six-person juries in any types of cases in superior court. It is time to allow the General Assembly the authority to expand the use of six-man juries. Our experience in State Court, where civil cases often involve thousands of dollars and where criminal cases involve imprisonment, has been totally acceptable to the bar, the public, and the court. Although HR 112 did not pass this year, the Constitution should not prohibit its adoption. Also, the report of the news media at the Third Judicial Convocation included this as an acceptable means of satisfying the public's demand for quicker and cQeaper litigation for parties and taxpayers.
(c) Make-up of jury:
It does not seem necessary to expressly state that, grand jurors can serve as trial jurors.
Other recommendations
1. Power to grant new trials - The present Constitution contains two provisions relative to granting new trials. Article I, Section I, Paragraph VIII provides that "the power of the judges to grant new trials in case of conviction is preserved." Present Article VI, Section IV, Paragraph VI provides that "the Superior, State and City Court may grant new trials on legal grounds." Neither of these provisions has been retained in the proposed Constitution because it was felt that this power is' either inherent or can be dealt with more appropriately by statute.
2. Libel - Paragraph V could be streamlined:
"In all actions for libel, the truth may be given in evidence." The Overview Committee has placed this paragraph next to Paragraph IV regarding "freedom of speech and of the press guaranteed"; this is most appropriate because of the freedom of speech and press implication of libel; its movement from the jury section is most appropriate.

COMMITT.E MEMBERS:
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H, JORDAN CHIEF JUSTICE. SUPREME COURT
J KELL.EY OUILLIAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. BOL.TON ATTORNEy GENERAL.
MARCUS S. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6567158

COMMITTEES MEMBERS
AL HOLL.OWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL. SPEAKER PRO TEMPORE
ROY E BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR CHAIRMAN. HOUSE JUDICIARy COMMITTEE
FRANK H EDWARDS SPECIAL COUNSEL
J, ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL.. JR ASSISTANT EXECUTIVE DIRECTOR

TO: FROM: SUBJECT: DATE:

MEMBERS, SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into the Article VI Committee Proposal
August 3, 1981

There were nine general amendments to the Constitution ratified at the general election of 1980, three of which amended Article VI. Since the Article VI Committee reviewed and revised the Constitution as amended through 1978, no decision was made concerning these amendments. The staff makes the following recommendations regarding the incorporation of the 1980 general amendments into the Committee proposal.
1. Article VI, Section IV, Paragraph VII of the Constitution was amended to read as follows:
"Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by jury on written demand of either party."
rhe Article VI Committee recommended that the provisions on jury trial and other matters not related to the structure of the judiciary be provided for in Article I. See separate memo on this issue.
2. Article VI, Section IV of the Constitution was amended by adding
at the'end thereof a new Paragraph, to be designated Paragraph XI,
reading as follows:
"Paragraph XI. Municipal courts; certain jurisdiction granted. Notwithstanding any other provision of this article, the recorder's, mayor's, or police courts of any municipality are hereby granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE August 3, 1981 Page 2
if the offense occurred within the corporate limits of such municipality. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendent charged with possession of an ounce or less of marijuana in a recorder's, mayor's, or police court shall be entitled on request to have the case again'st him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter."
The incorporation of this amendment which grants jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana in municipal courts would not be consistent with the Article VI Committee proposal which enumerates no subject matter jurisdiction in the Constitution proper. However, Section I, Paragraph I would allow it to be done by law, if the refinement recommended by the staff is adopted. Also, the provisions of this amendment could be accomplished by law pursuant to the Article IX proposal for Article I, Section II, Paragraph VII, General Laws; uniform operation; how varied, which authorizes the General Assembly by general law to allow local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws. Under this proposal, the Gerleral Assembly could, in defining possession of one ounce or less of marijuana as a crime, by general law authorize local governments to enact ordinances on this subject matter which do not conflict with that general law. By this procedure, this crime would also become an ordinance violation which could be disposed of in courts with jurisdiction over ordinance violations.
3. Article VI, Section XIV, Paragraph VI of the Constitution was amended to read as follows:
"Paragraph VI. All Other Cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides, and all criminai cases shall be tried in the county where the crime was c01Jllllitted, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county."

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE August 3, 1981 Page 3
The incorporation of this amendment would be inconsistent with the Article VI Committee proposal at Article VI, Section I, Paragraph V, Uniformity of jurisdiction, powers, etc., de novo trials; overlapping jurisdiction; venue, which provides that venue shall be as provided by law, and leaves ~ alterations up to the General Assembly rather than cementing it into the Constitution. Therefore, legislation authorized in the amendment would be authorized under the Committee proposal and the Juvenile Code should be amended accordingly so as to give immediate effect to the constitutional amendment already passed.
MJH/mk

PACE 1
._------~. ---~-----

2

STATE OF GEORGIA

3

4

SELECT COt1NITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

4.:1
..Z
II ...
@;;..o....

HEETING OF

14 ~ !;; "C X
..15 ~ 4.:1
:;:)
16 .~..
zQ

LEGISLATIVE OVERVIE~~ CONHITTEE

17 : THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21
22 Room 341 State Capitol
23 Atlanta, Georgia
24 Wednesday, August 12, 1981 9:00 a.m.
25

i
I
i
I
. ~J

I NDE X

2

3 Consideration of:

4
5
6
7
8
9
10 CzI
II l-
IoX
A-
12 ~
@rl ! 14 l'x" IS CI IX ::> 16 ~ID Q Z 17 ~

.......... Article I, Section I, Paragraph X

4

Article I, Section II, Paragraph X 12 Article I, Section I, Paragraph XXV I 23

Article I, Section III, ParagraphI(d) .... 41

Article III, Section IV, Paragraph VI ... ... 46 & 94

Article IV, Section I I ... 81 & 101

Article VI, Section VIII .......................... 116

Article VII, Section I, Paragraph III (b) (2) .180 & 228

Article VII, Section II, Paragraph 11. ... 231 & 238

Article IX, Section III, ParilqrRph II ............ 230

Article IX, Section IV, Paragraph I . 229

Article IX, Section VI, Paragraph II .............. 245

(Note: Index is not all inclusive.)

18

19

20

21

22

23

24

25

PAGE 3

r ROC E E DIN G S

2

GOVERNOR BUSBEE: All right, we're going to call the

3 meeting to order.

4

If everybody will take your seat, we're going to have

5 to pass out the material we will be considering today.

6

The Speaker has arrived, we can start now.

7

(Pause.)

8

GOVERNOR BUSBEE: If I could have everyone's

9 attention, you are supposed to have for consideration and

10 deliberation today

zCI

II lc..o..-c..

The Reapportionment Committee is going to meet with

~ 12 ~ the press in another room.

~r~

A VOICE: vfuat say, Boss?

! 14

(Pause. )

I-

'"

:I:

15 ~

GOVERNOR BUSBEE: You are supposed to have two

:i1

::>

16 .~.. packages; one will be the thick package, and the otlIer one is

Q

Z

17 :: going to be the one that has the index on the front consisting

18 of some seven or eight pages.

19

We are going to proceed working off of the index on

20 the first list going article by article starting with

21 Article I.

22

We have a lot of conference committees that have

23 reports which are attached thereto. In addition to that, you

24 have some recommendations by staff.

25

Okay. Does everybody have a copy?

---------------

PAGE L,

What do you want, Senator Stumbaugh?

2

SENATOR STUMBAUGH: Have they been distributed yet?

3

GOVERNOR BUSBEE: If you haven't gotten these two

4 packages, hold up your hand.

5

All right. The first thing that we have for

6 consideration is Article I, Section I, Paragraph X, and it's

7 on the right to tri~l by jury.

8

If you'll turn over on pages I and 2 which will be

9 about the third page over you'll see all of these are numbered

]0 at the bottom right-hand corner.

0,

I!J

..Z
]] j:

All right. Mel, I callan you for Article I .

.2..

9;1 Now when we get through -- pay attention -- when we get through with what we have on the handouts, I will ask is there

! ]4 ... any reconsideration of anything adopted in Article I .

':~"z:

..]5 ~ I!J

SPEAKER MURPHY: Governor.

::l
]6 .~.. Q

GOVERNOR BUSBEE: Mr. Speaker .

Z

~

]7 :

SPEAKER MURPHY: I wish that you ladies and

]8 gentlemen of the committee would listen to me too. I took

]9 the liberty of getting a copy of this thing Honday, I have

20 read it twice, I have been through it twice and made all

2] sorts of notes on it, and I have found many things in there

22 that are not like we adopted them here, and I think this

23 thing ought to be read paragraph by paragraph and everybody

24 here ought to know what they're getting into before they go

I

J 25 throu~l' this th ing. and I don I t say it -- I' In sure the s tafE

PAGE 5

just couldn't pick up some of the changes that we were making

2 when we were making them so fast, but I think it ought to be 3 read paragraph by paragraph if it takes into the night

4 tonight, because it's that important in my honest opinion,

5 and I really think it ought to be done where everybody could

6 have a chance to read it themselves as they go along.

7

GOVERNOR BUSBEE: All right. With that suggestion

8 let me ask you to turn to pages land 2 on the handout and --

9

A VOICE: The little one or the big one?

10 .,

GOVERNOR BUSBSEE: -- we'll read paragraph by

11

z
~

paragraph,

we'll

go

article

by

article,

and

if

you want

to

'o.."....

~ 12 ~ reconsider anything ask for it.

~r~

I don't know what changes the Speaker has; I have not

14 ~I seen those.

'~"

:t

., 15 0:1

SPEAKER MURPHY:

I found none, no changes in the

'~"

16 .~.. first article, no differences in what we adopted, but I Jo

Q

Z

17

~
::

know

there's

one

change

under

a

decision

called

to

my

18 attention by Chief Judge Quillian on Paragraph (b), Article I,

19 Paragraph X(b), that five ought to be changed to six because

20 the Supreme Court of the United States has ruled that we

21 can't have less than six jurors. Chief Judge Quillian called

22 that decision, and I read the decision and he's right.

23

REPRESENTATIVE SNOH: I made that motion myself when

24 we came to that.

25

MR. HILL: That is the first thin~ up [or

PAGE 6

reconsideration this morning, and if the draft of the

2 constitution says "For further study," that means that it

3 hasn't been approved yet, we have to work on it today.

4

Now, the staff is of the opinion that these fourteen

5 things, twelve things that are listed here are in fact those

6 things in the constitution that have to be acted on and have

7 not been approved.

8

In any case, the first thing does relate to the right

9 to trial by jury which is on pages 1 and 2 of the small hand-

10 out where I have put first of all what the present constitution

11

"z
~

provides

with

respect

to

judgment of

the

court,

t.,hat

the

.'oG".o.

@;I revision to date states, He say "Revision approved to date," and then a suggested change in that paragraph, and then the

! 14 other part about the trial jury being not less than six is

t;
:r

15 01) indicated belmil.

"'";;)

16 .~..

I think we should move first to Subparagraph (a) of

D

17

Z
::

Paragraph

X and

fix

that.

18

The version that the Overview Committee approved

19 states that the right to trial by jury shall remain inviolate,

20 except that the court shall render judgment without the

21 verdict of a jury in all civil cases where no issuable 22 defense is filed unless the right to trial by jury is waived

23 in writing by all parties.

24

The proposed change would state that this right

j

j 25 shall remain inviolate except the court shall render ,; l.!dgmen ~__

---- -----------------without the verdict of a jury in all civil cases where no

2 issuable defense is filed, and where a jury is not demanded

3 in writin8 by either party.

4

That would be the suggested change in that

5 Subparagraph (a).

6

REPRESENTATIVE PINKSTON: Give us the words to strike

7 and put in.

8

SPEAKER HURPHY: That's a drastic change in the law,

9 it's a very drastic change because if you get sued in a damage

10 suit now you don't file defenses, you still have the right to

II

"z
~
'.o"..

come

in

and

contest

the

amount

of

the

da~ages before

a

jury.

~ri12 :=
~~

If

you

adopt

--

MR. HILL:

Hr. Speaker, the present constitution is

! 14 right at the top, Paragraph VII.

1;;

<l(

:J:

15 ~

MR. HARRIS: Amended in 1980.

"'"::l

16 ~ III

HR. HILL: And this is -- you know, the staff

1:1

Z

<l(

17 ::i proposal is just a restatement of the present languar,e.

18

SPEAKER UURPHY: It still doesn't change the law.

19 You can still come in and demand a jury trial on the issue of

20 damages there.

21

HR. HARRIS: That's true.

22

GOVERNOR BUSBEE: Hr. Speaker, I don't quite follO\v.

23 Paragraph VII is what we passed in 1980 at the ?eneral election M it's a restatement of the ~xisting constitution.

2S

While they're reading that, Senator lIo11ownv.

PAGE 8

SENATOR HOLLOWAY: I wonder if the court would have

2 any observation to make in this area.

3

GOVERNOR BUSBEE: lve have the Chief Judge and the

4 Chief Justice here. If they have any observations, we will be

5 glad to hear from them.

6

CHIEF JUSTICE JORDAN: As I understand what the

7 Speaker is talking about, it can be done under the present

8 constitution as it exists now.

9

SPEAKER MURPHY: Judge, is it not correct, am I

10 reading this thing wrong -- this is the first time I've seen

11 5"z this proposal, but as I read this thing they way they propose

e -!.o..

.

12 ~ it is under law now you can come in and demand a jury trial

on the issue of damages only.

..! 14 .:.r.
15 ~
16 ".:'~"..
aQz
17

CHIEF JUSTICE J0RDAN: Even where no defense is filed SPEAKER HURPHY: Isn't that correct? CHIEF JUSTICE JORDAN: That's correc t. SPEAKER HURPHY: The way I read this thing here,

18 where no issuable defense is filed, where a jury deman is not,

19 you can come in now and file a written demand and get the whole 20 thing tried whether there were damaf-es or not.

21

CHIEF JUSTICE JORDAN: I don't believe that's the

22 intent of it. I don't read it that way.

23

MR. HILL: Hould there be any objection to using the

24 present language which we just approved in 1980 which would

25 read as it is in the first paragraph, "The court shall render

- _ -----_.-- _.-..- .. _ - -

.. _ . - . _ -

PAGE 9

judgment without verdict of a jury in civil cases where no 2 issuable defense is filed, except as other __ " and subject to

3 the right of trial by jury on written denand of either D1Yty?

4

yJould there be any obj ection to just going back to

5 the--

6

GOVERNOR BUSBEE: I don't see the difference in

7 meaning. Do you have any objection to the present

8 constitution, or do you prefer that?

9

Mel, is that incorporating

Q

10

MR. HILL: It incorporates what we approved in 1980.

" 11 ~z

(Pause.)

..'o"....

-I12 '"

GOVERNOR BUSBEE: All right. The Speaker has looked

at the proposal that we have which is a restatement of the

14 ~ existing constitution, and its noted suggested chan~e in

':"z:
15 .:> Article I, Section I, Paragraph X, and so having no obj eetion

"'";:)
16 ~ is there objection to the adoption of that paragraph?

oz 17 :

MR. HILL: As reconmended by staff.

18

GOVERNOR BUSBEE: As recommended by the staff

19

All right. Hearing none, that paragraph is adopted.

20

Hel.

21

MR. HILL: All right. Subparagraph (b) -- first of

22 all, also there was a suggestion made that in Subpara~raph (a)

23 we add the statement "In criminal cases, the defendant shall

24 have a public and speedy trial by an impartial jury." That is

25 merely <l movement of the existing provision from another

U--

_ .. _ .. _

__.- _ . __ -

- - - ' - _ ..' -

J

PAGE 10

section to here, and also to add the statement "The jury :;hcd.l

2 be the judges of the law and the facts," which is in the

3 present constitution but was deleted from the proposed

4 1"'2vision, and that is another recommendat ion.

5

SPEAKER MURPHY: I agree with Judge Beasley on that.

6

GOVERNOR BUSBEE: Move it.

7

SPEAKER HURPHY: I move we add that f1lotion tlwt Ju<.1i~('

8 Beasley, "In criminal cases the defendant shall have a public

9 and speedy trial by an impartial jury, and the jury s1101l he

10 the judges of the law and the facts,"

III

e ; ;11

Z j:

2.'"..

GOVERNOR BUSBEE: The Speaker r.1oves .that Judl'.c

Beasley's recommendation which is the first additional

recommendation be adopted.

14 !...

SENATOR HOLLm~AY: Seconded .

'"

:I:

15 .:t

GOVERNOR BUSBEE: Senator Holloway seconds it.

III

~ '"

16 .~..

All right. How for discussion. Is there any

=Czl
17 discussion on the adoption of that reconnnendation of Judge

18 Beasley?

19

Hearing none, is there any obj ec tion? Hearin!~ none.

20 it's adopted.

21

MR. HILL: All right. Now, Subparagraph (b) is this

22 issue of numbers, and the proposed change would state not less

23 than six which is w11at the Speaker has just pointed out as one

24 change, and then also Ju rlge Beas ley was suggesting that it
jI
25 be stated "to constitute a trial jury in civil and misdemeanor

PAGE 11

cases" rather than as it states in the present draft "in

2 courts of limited jurisdiction."

3

SPEAKER 11URPHY: I move that we change the five to

4 six in Subparagraph (b) of Paragraph X and go with that.

5

SENATOR HOLLOHAY: Second.

6

GOVERNOR BUSBEE: All right. Now if you --

7

SPEAKER NURPHY: That's (1)..

8

GOVERNOR BUSBEE: All right. Now what we're speaking

9 of is on your thick package, Paragraph X. The motion is that

10 we change the figure of five as it appears in Subparagraph (b)

to six. That's on line 34.

All right. Senator, do you second it?

SENATOR HOLLOWAY: I second it.

GOVERNOR BUSBEE: All right. Senator I1011o\-lay

seconds the Speaker's motion. Is there any discussion?

Hearing none, is there objection to this amendment

to Subparagraph (b) of Paragraph X?

18

Hearing none, the amendment is adopted.

19

I'fR. HILL: Finally just a sUF!gestion that the sentenc.

20 that's in Subparagraph (c) is unnecessary and could be (lc leted

21 which states "Grand jurors shall be competent to serve as

22 trial jurors. " There was a st.:ggestion that that is not of

23 constitutional significance and renlly could be provid~d bv 24 law.

25

GOVERNOR BUSBEE: No chnnp;e, but it's super f1 t10W; .

PAGE 12

HR. HILL: Yes.

2

SENATOR HOLLOWAY: I move the adoption of the

3 recommendation.

4

REPRESENTATIVE LEE: If they're good for grand jury,

5 surely they're good for trial.

6

SENATOR BOLLm-rAY: I move the adoption of the

7 language.

8

GOVERNOR BUSBEE: There is a motion made that the

9 'tvords now being in the present constitution "Grand jurors

10 shall be competent to serve as trial jurors" be deleted.

11 ";z:
2.'"..

A VOICE: Seconded.

e);~i GOVERNOR BUSBEE: There is a second. discussion?

Is there

! 14 !;;

Is there any objection to the deletion of that

~

:II:

15 olI sentence? Hearing none, it is deleted.

"'":;)

16 !.az..

Next .

~

17 :

MR. HILL: That was the only changes suggested in

18 that paragraph.

19

Now J the next one would be sovereign iml~lmi ty, and

20 that is on page 6 of the ~onstitution proper.

21

GOVERNOR BUSBEE: That's in your long package,

22 Paragraph VI.

23

MR. HILL: Page 6, Paragraph X.

I

24

GOVERNOR BUSBEE: It ~1i11 be down on line 27, page 6. I

25

BR. HILL: This is a restatement of the present

PAGE 13

provision on sovereign immunity which is in Article VI.

2 The recomrrlendation of the committee was that it be moved to

3 Article I and that the sovereign immunity of the state should

4 be retained, preserved unless otherwise provided by law

5 which is the way it reads in the present constitution.

6

REPRESENTATIVE LEE: What do you want, Mel? vfuat do

7 you want?

8

MR. HILL: A motion to adopt Paragraph X.

9

REPRESENTATIVE LEE: I so move.

10

VOICES: Seconded.

III %
11 ~
....2

REPRESENTATIVE PINKSTON: ~11ere is the study

@;i committee? MR. HILL: This is the study cOIl'lnittee' s proposal

! 14 l;; to move it to Article X and retain it.

<C

:I:

..15 .: III

Wayne, do you have anything else you want to say

..~

16

~
o

about

it?

%

<C

17 :;

REPRESENTATIVE SNOVJ: That's all. I just wanted to

18 second it.

19

HR. HILL: Hayne seconds the motion.

20

REPRESENTATIVE PINKSTON: Printed on page 6 is what

21 you recommend.

22

MR. HILL: On page 6, Paragraph X.

23
REPRESENTATlv'E LEE: The language you've got: is \vhat
24
you're reconnnending?
25
HR. HILL: Yes.

PA(a~ 14 - - - - - _ . _ - -------------------- _.-_.._.----REPRESENTATIVE LEE: I so move.

2

GOVERNOR BUSBEE: Representative Colwell.

3

REPRESENTATIVE COUJELL: Hha t changes is there in

4 this frOM the present constitution?

5

REPRESENTATIVE LEE: Very little.

6

HR. HILL: There's no change substantively. The

7 present constitution says that nothing in this paragraph that

8 would set up a court of claims shall be construed to vlaive

9 the immunity of the state, that such immunity is preserved

10 until otherwise provided by law, and so --

"z
II j:
e ; i.'o.."...

REPRESENTATIVE COU'JELL: That's in the other la~J? MR. HILI..: That's in the present constitution. LT. GOVERNOR MILLER: Is there any discussion?

! 14

REPRESENTATIVE PINKSTON: The last "lOrd on line 30

I-
VI

15

% oil

oueht

to

be

"as,"

shouldn't

it,

instead

of

"and"?

"'~"

16 .~..

MR. HARRIS: As now, yes, it should be .

oz 17 ~

LT. GOVERNOR MILLER: Any other discussion?

18

Any objection?

19

No objection?

20

Proceed.

21

SPEAKER HURPHY: Before you 1,0 on with the next

22 change, Governor, could I ask a question?

23

LT. GOVERNOR BILLER: Sure.

24

SPEAKER HURPHY: On Subparagraph

25

A VOICE: Can't hear.

PAGE 15

SPEAKER HURPHY: On Subparagraph (b) of Paragraph I

2 under eminent domain on page 7, is Paragraph (b) the same as th

3 law is now?

4

HR. HILL: I believe that public transportation

5 purposes was added in this.

6

SPEAKER NURPHY: Does the Department of Transport,1tio 1

7 not now have to pay money into the court when the special

8 master --

9

As I understand the law now, the Department of

10 Transportation and everybody else has to pay the monev into

CzJ
II j: court when they condemn a piece of property now. 'o"
"-
1M
@;I It appears to me that this is a drastic change and they wouldn't have to pay any money into court until after

! 14 ... they had condemned the property and took it ,mel dcci dC'd whether

'~"

%

15 ~ or not they wanted it or not.

CJ

'":::J

16 ~

HR. HILL: Subparagraph (c) was intended to provide

1azM

17 g~ for that prepayment against adequate compensation, although

18 it does require n0W

19

SPEAKER MURPHY: That makes (c) and (d) in direct

20 conflict with each other.

21

Judge, you loc~ at that for roc, because you're the

22 fellow that's going to have to decide it.

23

As I understand the 1m] now, the special mn~.;tcr,

24 vlhen they condemn a piece of property gives his award, t-hcy 25 don't even have to do that now I don't think, they have to

PAGE 16

pay that money into court.

2

CHIEF JUSTICE JORDAN: The condemnor has to pay

3 into court his value, his valuation of the property.

4

SPEAKER I~URP;:Y: That's correct.

5

CHIEF JUSTICE JORDAN: Tner, if that's appc(] led to a

6 jury, by its verdict he has to make the final payment upon

7 completion of the litigation.

8

SPEAKER NURPIIY: That's correct, but as I undprstand

9 this provision this thing here need not be paid for until the

10 same has been finally fixed and determined as provided by law.

11

"z
i=
2.'"..

He

can

go

ahead

and

condemn

your

property,

get

a

j 11ry

trial,

@;~ they say it's too much after they've kept your property tied up for three years, and then they say "We don't want the

! 14 t; property, we'll just leave it like it is."

:~z:

15 ~

CHIEF JUSTICE JORDAN: It's just and adequate

"'";:)

16 .~.. cfJlupt;;!nsation is that which is finally determined after

Q

Z

~

17 :; litigation.

18

SPEAKER HURPHY: As I understand the law now they've

19 got to pay it into court when they file a condemnation, anu

20 I think under this thing they wouldn't have to.

21

CHIEF JUSTICE JORDAN: That's not just and adequate

22 compensation, that is merely the condemnor's valuation of the

23 property.

24

Just and adequate compensation is that ~l1hich is

25 finally determined aft:l.:'r 1 i t 19a tion.
"'------------_.--- .------.-----_._----- ---------

PAGE 17

SPEAKER MURPHY: Yes, sir, I'm well aware of that,

2 sir, I've tried a good number of them in my years, but: as I

3 read this they wouldn't have to pay anything into court until

4 after the jury trial was had, and then if they decide they

5 didn't want the property they've kept your property ti.ed up

6 for two years and you ain't got nothing the way it looks to

7 me like.

8

CHIEF JUSTICE JORDAN: If that's what it says, it is

9 a departure from the present law.

10

LT. GOVERNOR MII,.LER: Senator Ballard.

IzII 11 j:
.'2"..

SENATOR BALLARD: Mr. Chairman, I move that we strike

~ 12 '~" after the word "compensation" on line 9 the rest of Paragraph
~ ~ .... (b), and I think that cleans up the situation there.

! 14 t;

REPRESENTATIVE LEE: What is the present constitution:

:-zc:

J5 01)
III

SENATOR BALLARD: In other words, just and adequate

'";:)

16 :~s compensation, and then that stops it right there.

z

17 =

REPRESENTATIVE LEE: ~Vhat does the present

18 constitution say?

19

LT. GOVERNOR HILLER: Hait just a minute. Is there

20 a second to that motion?

21

A VOICE: Seconded.

22

LT. GOVERNOR MILLER: All right. State your motion

23 again, then I'm going to get Representative Lee.

24

SENATOR BALLARD: All right. On page 7 after the

25 word "compensation" on line 9, just strike the balance of it.

LL-

._ _...... - __ _

_._-_ .._._.. _ - _ .._- .

__ - - _ _.. . .... _ - - - - - . _ - - -

PAGg 18

SENATOR HOlvARD: That doesn't make a sentence,

2 though.

3

SENATOR BALLARD: After payine the just and

4 adequate compensation, that's all that's required of it,

5 and I don't think there's anything wrong with that.

6

A VOICE: There's no verb.

7

LT. GOVERNOR MILLER: We've got a motion. Let me

8 see if there's a second, then we'll have discussion.

9

A VOICE: I second it.

10

LT. GOVERNOR MILLER: There is a second. All right.

~

II

j:
.l.o.i..t.

Now

we'll

have

discussion.

Representative Lee.
r@r:j REPRESENTATIVE LEE: I apologize for not havin~ the
~ 14!.. present constitution. v.That docs it StlY nn that? i\H'

~

%

15 ob understood it, we went through this with the same language.

"lit
:;)

16 ~...

MR. HARRIS: Hr. Chairman, if I may respond to Hr .

Qz

17 : Lee, the present constitution provides the same thing as

18 this, private property shall not be taken or damaged for

19 public purposes without just and adequate compensation being

20 first paid, except that when private property is taken or

21 damaged for public road and street ~urposes or for any

22 public transportation purposes by the state and the counties

23 and municipalities of the state, just and adequate cOIT'pensation

24 therefor need not be paid until the same has been finally

25 fixed and determined as provided by l::lH. The General i\r;scmb Iy

may by law require the

__ PAGE 19
- - - - - - .- .. . _.._. condemnor to make prepayment against

2 adequate compensation as a condition precedent to the

3 exercise of the right of eminent domain and ?rovide for the

4 disbursement of the same to the end that the rights and

5 equities of the property owners, lein-holders and the state

6 and its subdivisions may be protected.

7

SPEAKER MURPHY: No, sir, there's a difference; it

8 says first must be paid.

9

HR. HILL: Except that. This is an exception to

10 that.

Czl

II j:

HR. HARRIS: Except that '\Then private property is

'o"

"-

1M

@;I taken or damaged for public road and street purposes, or for any public transportation purposes by the state and the

! 14 counties and the municipalities of the state, just cmd lo-n

%

IS .: adequate compensation therefor need not be paid until the same

Cl

'";:) 16 ~... has been finally fixed and determined as provided by law .

Q

Z

17 ::i

Actually the only change from the present 1m] as I

18 view it in this proposal is to give the General Assembly

19 a broader discretion and authority to provide for the quick-

20 taking method that is now used for the HiRhway Department

21 to other kinds of condemnations. You don't have to do it,

22 but it gives you that authority if at some time in the year

n 2005 the General Assembly should decide that that ought to be

24 done. That's all it is.

25

LT. GOVERNOR HILLER: Senator Howard.

""-------------------------------_ ..

PAGE 20

SENATOR HOWARD: I was about to state the sa.me thing

2 that Mr. Harris just said about it.

3

LT. GOVERNOR HILLER: Senator Hollowi:ty.

4

SENATOR HOLLmoJAY: Mr. Harris, the sentence on line

5 11 following the semicolon, isn't that new language and, if

6 so, why is it necessary?

7

~m. HARRIS: It's not new language. It's in the

8 constitution presently, "but such just and adequate

9 compensation shall then be paid in preference to all other

10 ob1ip;ations except bonded indebtedness."

"z
11 j:

I just didn't read it before, I'm sorry; I was

e ; io..'".... trying to shorten what I was reading. LT. GOVERNOR HILLER: Any other discussion?

14 !.....

SPEAKER t1URPHY: Mr. Governor .

~

%

15 ~

LT. GOVERNOR MILLER: Hr. Speaker.

"'";:)

16 ~...

SPEAKER HURPHY: Are you telling me now, Hr. Harris,

Q

Z

17

~
lli

that

under

this

provision

unless

the

General

Assembly

--

18 The law now provides that the state has to pay the money into

19 court when they take the property.

20

HR. HARRIS: That's correct.

21

SPEAKER HURPHY: Are you telling me now that under

22 this, that we could not change that under the constitut lon now?

23

HR. HARRIS: No.

24

SPEAKER HURPHY: Are you telling me that we could

25 change it under this constitution where they <.1i<1n' t hnve to

PAGE 21

pay it into court?

2

HR. HARRIS: You can if you 'vant to. You can change

3 it now if you want to. He are not doing anythinr, -- \vC ,lre

4 untying your hands to consider quick-taking in other kinds of

5 condemnations besides just state highway cases.

6

SPEAKER MURPHY: Okay.

7

GOVERNOR BUSBEE: The Speaker withdraws his objection

8

HR. HILL: All right. That was the end of Article I.

9 Are there any other things to be brought up in Article I?

10

REPRESENTATIVE SNOW: Yes.

CzJ II l-

MR. HILL: Mr. Snow has a motion.

..oll..<..

@;i REPRESENTATIVE SNOV: Mr. Chairman, I move that Paragraph XXVI --

! 14

GOVERNOR BUSBEE: Excuse me. Suspend just a minute,

I-

15

':z":
~

Representative

Snow.

I "JaS not here -- Senator Ballard had a

CJ
Il<
;:)
16 .~.. motion.
goz
17

SENATOR BALLARD: Did we ever vote on that?

18

LT. GOVERNOR MILLER: No. VIe were discussing it; it

19 never has been voted on.

20

GOVERNOR BUSBEE: Restate your notion then, Senator

21 Ballard. I was not here.

22

SENATOR BALLARD: My motion is that we stop after

23 the words "adequate compensation" --

24

GOVERNOR BUSBEE: What page are you on?

25

SEtIATOR BALLARD: That's on page 7, line 9. Right

PAGE 22

now that does not have a verb in it, and I just wanted to

2 take out that they can wait, but we can use the staff to get

3 it in the right language where it would make sense, but to

4 take out the part it in where it says they can wait until

5 the final thing is done to pay it. I don't think that's

6 right. If they're going to take property, they should at

7 least put it up at that time; we've been doing this for years

8 and years and I think we ought to stay that way.

9

HR. HARRIS: The language here is the present

10 constitution, Senator Ballard.

"z
11 i= III

GOVERNOR BUSBEE: Mr. Speaker.

.2..

@ ; j SPEAKER MURPHY: What I think they've said to me -of course, Senator, I'm the one that raised the question

! 14 that we have fixed it by statute. I cannot renlly agn'E.' that to %
15 01) this is the exact same thing, meaning we've got in the
"III
::>
16 ~... constitution, but they say we fixed it by statute where the Q
Z
17 :: state has to pay it into court.

18

Hy objection to this if it reads like that the

19 state or the city or the county could tRke your property.

20 file a condemnation and not pay the money into court, take

21 your property, and then the jury give you too much for it

22 and then they decide they don't want it and have your

23 property tied up for two years. I don't know what the statute

M says, I really don't know that this is the same, but I'm going

25 to check it a little bit later myself.

PAGE 23

SENATOR BALLARD: Hr. Chairman, I'm going to with-

2 draw my motion at this time, I'm going to look into it, and

3 we'll have some fun on the floor of the Senate.

4

GOVERNOR BUSBEE: You've had fun there before.

5

Okay. Representative Snow.

6

REPRESENTATIVE SNOH: }fr. Chairman, I move that we

7 delete Paragraph XXVI on page 5 from the Bill of Rights

8 relative to spouses separate property.

9

The only reason I suggest we delete it is that --

10

GOVERNOR BUSBEE: Let's go nnw -- just a minute

where we can follow what you're talking about. Give me the

page number, then the line number.

REPRESENTATIVE SNOH: Page 5, line 8.

GOVERNOR BUSBEE: Do ~..;rhat now?

REPRESENTATIVl!. SNOH: Relative to spouse's separate

property, that it be deleted. We handle it in Title 53 of

the Code and --

18

GOVERNOR BUSBEE: I understood you to say page 6.

19

REPRESENTATIVE SNOW: Page 5, Paragraph XXVI, line 3.1

20

GOVERNOR BUSBEE: "fuat do you want to strike?

21

REPRESENTATIVE SNOW: Strike the entire rar~11:1-'lph.

22

SPEAKER HURPHY: tJhy?

23

REPRESENTATIVE SNOW: He handle it in the Code and

M it's not necessarily needed in the constitution. If we w3nt

25 to keep it in the constitution, then \<}e should dt'lete tlwt

PAGE 24

portion of it "except in child support cases and Cllimonv as

2 provided by Im'l" and provide that the separate property of

3 sach spouse shall remain the separate property of that spouse

4 except as otherwise provided by law.

5

Otherwise, we would have done away effectively with

6 our year's support proceedings, and we have also caused people

7 at their death that the surviving spouse would not have any

8 access to the other person's funds until such time as the

9 will could be probated or administration could be handled on

10 the estate.

II

"z
..joc..r:..:

I have no preference. I just don't think w(~ need

~--- I12 ~ it, but that was my first motion. I would accept a substitute motion to provide that it be handled as provided by law.

! 14 .t.-.

GOVERNOR BUSBEE: Let's get the r10tion and T' m .p.l)i Ill'.

<C

15

%


to

hear

from

the

Speaker.

~
;:)
16 .~..
Qz

Your motion is?

17 :

REPRESENTATIVE SNO\J: By motion is to delete.

18

GOVERNOR BUSBEE: The motion by Representative Snow

19 is to delete Paragraph XXVI that starts on line 3, page 5.

20 Is there a second to the motion?

21

Is there a second?

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: The motion is made and seconded.

24 l'1r. Speaker.

25

SPEAKER HURPHY: ~1here do you come up with the ide<.l.

PAGE 25
rr---------------------------------~--------
that that would do away with year's support? In her death,

2 I:':y death or my wife's death it don't remain my property, it's

3 tIle estate's property, it goes to the heirs, and then 0 f course

4 the year's support statute would be in effect.

S

REPRESENTATIVE SNOW: But it is the estate, and it

6 says that each party's property is their separate estate, and

7 I think it could easily be. interpreted as being separate estate

8 and not subject then to being conveyed to the surviving spouse.

9

SPEAKER ~ruRPHY: The only change as I understand

10 it in this provision from the other constitution, the other

11

z"
j:

constitution

was

the wife's

separate

estate would

remain

hers.

@;;...oII: w and this makes them both would remain -REPRESENTATIVE SNmJ: He have made it both in Title

! 14 ... 53 under the Q~~ decision, we provide now by law that it is a

'<"l

1S

:I:
.:J

separate

estate

of

each

spouse.

We did that due to the Orr

"II:
::I
16 ~ decision when we changed the law in 1978. w Q

Z

<l
17 :

SPEAKER MURPHY: Isn't this a provision, ~1r. Chairman.

18 that the conference committee worked so long and hard Cl]ld carrie

19 up with and we adopted almost unanimously when it came up?

20

GOVERNOR BUSBEE: I can't answer the time span they

21 considered this.

22

REPRESENTATIVE SNOH: I move that we delete j t.

23

GOVERNOR BUSBEE: The motion is made and seconded.

24 Is there further discussion?

2S

R~presentative Pinkston

<,

REPRESENTATIVE PINKSTON:

PAGE 26 - - - - - - - - - ---------------~1r. Chnirnwt1, this Speaker

2 is right that this is the conference committee's langua8e,

3 and I'm not sure that the conference committee's languap,c

4 does what the Speaker wants to do or what I want to do in

5 agreement with what he wants to do.

6

If we want to strike it, I really think we ought to

7 strike it with the understanding that we're going to come back

8 with some other language. That needs to be done, or either

9 not strike it, because I think we've got some problems in the

10 administration of the estates and this type of thinp; that this

II

"z
j:

doesn't

cover

really.

.'o"..

III

@;i

SPEAKER HURPHY: I think that covers Pline. REPRESENTATIVE PINKSTON: The reason

! 14

GOVERNOR BUSBEE: Representative Greer. Excusp me

I-

~ :r

IS ~ just a minute, Representative Pinkston is not through.

";'")

16 ~

REPRESENTATIVE PINKSTON: The reason this exclusion

zaIII

17

~
:

of

child

support

cases

was

put

in

there

was

as

Representative

18 Snow is saying because of the Orr decision, the new Georgia

19 statute regarding divorce and alimony and child support cases.

20

SPEAKER MURPHY: Let me answer.

21

GOVERNOR BUSBEE: Mr. Speaker. Well, Representative

22 Greer first, then I'll corne back to tlr. Speaker.

23

P~PRESENTATIVE GREER: Mr. Chairman, if we follow

M the point that Wayne Snow made, the question is where is it

~ in the Code other than here. Several of us around here want

PAGE 27

to know.

2

REPRESENTATIVE SNOvl: 53 505 or 506.

3

REPRESENTATIVE GREER: Does it say about tlw sume

4 thing?

5

REPRESENTATIVE SNOW: Yes.

6

REPRESENTATIVE GREER: That's v7hat I'm tryinz to find

7 out. Thank you.

8

GOVERNOR BUSBEE: !'Jr. Speaker.

9

SPEAKER MURPHY: Can I ask Chief Justice Jordan and

10 Judge Quillian a question because they're both familiar \-Jith

11 "~z the Orr case, more familiar with the Orr case I guess than I

.oG.o.

@,..: ;am.

Do I unders tand the Q.ro: cas e properly that th ey j LIS t

14 ~ said that both spouses' property had to be tre.:lted equaUv

'"
%
15 ol) under the laws of each state?
""";;)
16 ~ basically?

Isn't that what they said

Qz 17 :

CHIEF JUDGE QUILLIAN: That's correct.

18

SPEAKER HURPHY: Isn't that right, Hr. Chief Justice?

19

CHIEF JUSTICE JORDAN: The Orr decision said a lot

w of thin8s; the main thing it says was that either spouse is

21 entitled to alimony out of the estate of the other. That's

22 the primary holding.

23

SPEAKER HURPHY: He construed it to mean that each

24 spouse had to be treated the same by all laws; isn't that

25 correct?

---------~----

PAGE 28

CHIEF JUSTICE JORDAN: I understood your statute in

2 '78 neuterized all the Code section.

3

SPEAKER HURPHY: Isn't it true under. the present

4 constitution that the wife's -- under our present constitution

5 the wife's separate estate remains her separate estate, and

6 this just keeps that provision but it keeps the husband's

7 separate except for child support and alimony, and that's

8 really the only change, isn't it?

9

CHIEF JUSTICE JORDAN: I guess that's true, yes.

10
..III
Z
11 i=
2...
@;~

SPEAKER HURPHY: I think it's 3 good provision myself MR HARRIS: Hr. Chairman. GOVERNOR BUSBEE: Hell, Hr. HRrris first. MR. HARRIS: Mr. Chairman, it occurs to me that

14 ~ perhaps Mr. Snow's second sugr,estion is worthy of COl1sidl'l";ICiol1
'<"C
%
..15 q to have the constitution provide that the separate property of
":::>
16 ~ each spouse shall remain the separate property of that spouse
Qz
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17 ::; except as otherwise provided by law simply to give you, the

18 General Assembly, in the future the power to meet things that

19 arise in the future.

20

The Orr decision, for instance, was one that is

21 contrary to our present constitution, and therefore the

22 General Assembly had to pass a statute that flies in the face

D of the existing constitutional provision. It reaffirms the

M doctrine of separate spousal estates, but gives the General

25 Assembly the authority and opport1.lni t~, to meet future

PAGE 29

challenges that may develop.

2

There is some question with respect to the current

3 statute that provides that a surviving spouse and/or minor

4 children when there are minor children under certain

5 circumstances with an appropriate affidavit can be paid 1,500

6 or $2,500 out of a bank account for living purposes during

7 the time when a will is being probated or before an

8 administrator has been appointed, and it just occnrs to ne

9 that maybe this is something where you want to give your-

10 selves some authority to handle the future.

..1:1
Z
II j:

GOVERNOR BUSBEE: All right. Senator Stumb:ll1.~h.

~

o
"-
1M
12 ~

SENATOR STUHBAUGH: I'm not technically qualified

~r~ to determine who's right or wrong in the debate. I think it ! 14 ... might be interesting to note that a representative of the

..15

':~"z:
o:J

League

of

Homen

Voters

did

talk

to

me

about

their

concern

1:1

16

~
~

that

there

could

be

no

funds

taken

out

of

the

bank

account

1M
Q

Z

17

~
:

and

their

concern

in

the

other

areas

that

Representative

Snow

18 has discussed, so there are some others who are at least

19 thinking this way. He want to be very careful \..hichever

20 direction we move.

21

GOVERNOR BUSBEE: All ri~ht. Does anybody else

22 desire to be recognized?

n

Mr. Speaker.

24

SPEAKER HURPHY: As I understand it, the purpose of

25 the section in the orginal constitution W:1S to provide that

PAGE 30 ----------- -_.-----
if a wife had inherited a certain amount, a sufficiencly large

2 amount of money and she married a spendthrift husband where

3 her estate wouldn't be subject to his debts.

4

MR. HARRIS: That's correct.

5

SPEAKER HURPHY: So that's the purpose for it.

6

As I understand this, the same rule would still

7 apply::l.s far as I'm concerned. I don't have any spendthrift

8 son-in-Iaws, but I've got three daughters. and I would

9 certainly not ",ant their property to be subj eet to her

10 husband, nor would I want my son's wife's property to be

11

"z
j:

subject

to

his

debts.

@;I.'oG".o.

As I understand the law, Mr. Chief Justice. and you

and Judge Quillian check me ap,ain, this would cease to exist

! 14 ...... upon the death of the spouse, it would go into the estate. <lnd

15

%
.:.

the

General

Assembly

would

have

the

right

to

pass

this

law

of

CI

16

'";:)
.~..

the

$2,500

bank

account

if

they

wanted

to,

wouldn't

they?

az 17 :

CHIEF JUSTICE JORDAN: I think that's a possibility

18 under the section.

19

I personally would rather see it as Hr. Harris has

20 espoused it over there to provide that the estate shall remain

21 separate unless otherwise provided by law, then you can take

22 care of these other situations.

23

SPEAKER HURPHY: Then it really means nothing, does I

24 it, because --

I

25

CHIEF JUSTICE JORDAN: It means something unless the]

PAGE 31

General Assembly changes it to mean otherwise. The

2 principle as stated in the proposed draft --

3

SPEAKER HURPHY: My problem vJith that, JudF:e, is a

4 very simple one. In the last day of the session when things

5 get so hectic some folks just can't keep up with everything,

6 and I'm one of them folks that can't keep up with it, and

7 I'd hate to

8

CHIEF JUSTICE JORDAN: I thought you always had

9 complete control, Hr. Speaker.

10

GOVERNOR BUSBEE: All right. A little order;

..11

"z
j:

address

everything

to

the

Chair now.

.o.....

~ 12 ~

Representative Mullinax.

REPRESENTATIVE nULLINAX: On Paragraph Xj~VI,
@ ~r~14!... suppose that you have a \\li 11 which is cont r;lry to th is \"I1('1'c

'"

:I:

15 ~ the will would say that divided equally among all the

~

:J

16 .~.. survivors. Hould the constitution preempt a will?

Q

Z

17 :

SPEAKER MURPHY: No.

18

REPRESENTATIVE MULLINAX: It wouldn't. Okay.

19

GOVERNOR BUSBEE: I can't answer the question. I'm

20 sorry.

21

Representative Pinkston.

22

REPRESENTATIVE PINKSTON: Hr. Chairman, one thing I

23 might point out as far as the conference conittee was

M concerned, the basic reason for making this exception in

~ child support cases and alimony as provided hy law waH that

lL-______ ..

----

PAGE 32

sOllie of us felt like that if we didn't provide for this

2 separation that then by statute we would have to come Rlong

3 every year with a cOTI@unity property piece of le8islation 4 whir.h some of us don't like to see the idea of Georgi<1 going

5 to a con~unity property state.

6

SPEAKER tlliRPHY: That's right.

7

GOVERNOR BUSBEE: All right. ~fuo else wanted to be

8 recognized now?

9

SPEAKER HURPHY: Can I ask Frank a question?

10

GOVERNOR BUSBEE: All right. Mr. Speaker.

SPEAKER MURPHY: Do you me~:m by that, l'lr, Pinks ton,

that if we do what Mr, Snow says we could come alonR and make

Georgia a community property state?

REPRESENTATIVE PINKSTON: I think \ve could do t ;ll,l0S

anything we wanted to by statute.

GOVERNOR BUSBEE: All right. I think then that the

motion that we have now -- Representative Snow.

18

REPRESENTATIVE SNOlJ: You know, if the General

19 Assembly of Georgia at any time wants to make this n cOlTlmunitv

20 property state, I think that should be within the province of

21 the General Assembly of Georgia.

22

Now, I personally don't care whether vou adopt the

23 amendment that I've offeree or not, bet it seems to me that
24
we ought to have some leeway here, and we might get in 25 serious trouble keeping the language in there the way it is.

PAGE 33

I personally -- If the court at same time should

2 rule that year's support proceedings are out, then that's all

3 well and good and a lot of the men won't be able to t;'\ke

4 some of the tax laws they're afforded, so that suits me fine.

5

GOVERNOR BUSBEE: All right. Your motion is that it

6 be stricken and that's what we're discussing now.

7

There was a reco~endation made by Representative

8 Harris afterwards, and that motion is not on the floor, nor

9 is there any substitute motion.

10

All right. Senator Howard.

"z
11 i=

SENATOR HOHARD: Mr. ChairITlan, I move by substitute

(@r21..Io..I..: that Paragraph XXVI be an~ended so as to provide that the language on line 10 "in child support cases and alimony" be

~ 14! stricken, and that the word "otherwise" be inserted after

I-

OIl

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15 olI the word "as." It would be "as otherwise provided by law,"

"II:

:>

16 .~.. so that the paragraph would read in its entirety:

Q

Z

17 :;

The separate property of each spouse shall

18

remain the separate property of that spouse except

19

as otherwise provided by law.

20

REPRESENTATIVE GALER: Seconded.

21

GOVERNOR BUSBEE: There is a motion and there's n

22 second. The substitute motion takes preference.

23

Discussion on the substitute IT'otion.

24

A VOICE: What's the substitute motion?

25

GOVERNOR BUSBEE: The substitute motion was tlr.

PAGE 34

Harris' suggestion.

2

All right. Any further discussion? The motion is

3 Mr. Speaker.

4

SPEAKER t1URPHY: Can I ask the Chief Jus t ice another

5 question?

6

GOVERNOR BUSBEE: Nr. Chief Justice, the Speaker

7 desires to ask you a question.

8

SPEAKER HURPHY: The only thing that's brought in

9 question that makes any sense to me was done privately

10 unfortunately.

Under the present constitutional provision we have

the Supreme Court ruled the wife can give her estate which

he's alive to anybody she wants to as long as she's

competent, have we not?

CHIEF JUSTICE JORDAN: Right.

SPEAKER MURPHY: Under this provision it would mean

that the husband could give it to the wife, under those

18 decisions the husband could give it to the wife or wife to

19 the husband, couldn't they, if they were competent?

20

CHIEF JUSTICE JORDAN: Hell. there was some

21 restriction upon a wife deeding property to the husbmld.

22 I'm not familiar with whether that's still in the law or

23 not.

24

You know, there was a restriction at one tiMe on a

25 _vife deeding her property to her husbanu; it had to be shown

U--

_

PAGE 35

to be a bona fide sale of some kind.

2

GOVERNOR BUSBEE: All right. Is there any further

3 discuss ion?

4

If not, all those in favor of the substitute motion

5 rise and stand until you're counted.

6

(A show of hands.)

7

GOVEP~OR BUSBEE: Reverse your postion.

8

(A show of hands.)

9

GOVERNOR BUSBEE: In the House the ayes are 12,

10 the nays are three; in the Senate the ayes are 14, the nays

"z

r~ @;:i11 =.2.. are one. The amendment is adopted. Okay. Now looking at Article I, are there any

other motions on Article I?

14! l-

Representative Johnson.

'"

:I:

15 .:I

REPRESENTATIVE JOHNSON: Hr. Chairman, I would just

"'::">

16 .~.. like to call the cor.Jlli ttee' s attention that on page 7,

Q

a%
17 Subsection (d), that is not in the present constitution.

18 It says: The General Assembly may provide by Imv for the

19 expenses of the condemnee.

20

It seems to me we had a court decision on that some

21 time back. Now, I realize that it says "may be provid<'d by

22 law. "

23

\vhat we're doing here is if you get a s tatul c tl)

24 that effect what you're going to do is you're going to have

2S every condemnation case there is, there's going to be an

PAGE 36 ----------------------------
appeal because the government that's involved is going to be

2 paying all the expenses, no reason for them not to appeal.

3

GOVERNOR BUSBEE: Do you have a motion, Mr. Johnson?

4

REPRESENTATIVE JOHNSON: I move we s tri1:e it.

5

GOVERNOR BUSBEE: All right. On page 7, line 21,

6 it would be Subparagraph (d). The motion is made. Is there

7 a second?

8

A VOICE: I second it.

9

GOVERNOR BUSBEE: The motion is made and seconded.

to Disucssion.

"z
11 j:
..oo..r..;

Senator Holloway.

@;~ SENATOR HOLLOHAY: Don't we have a requirement in the federal law to provide that expenses can be paid,

!.14 othenvise the federal funds cannot participate? It seems to

OIl

0(

%

15 01) me we passed a statute with that being the axe that would do

"or;
;;)

16 .~.. it .

Q

Z

0(

17 :

HR. HILL: This is (d). They're considering (d),

18 not relocation expenses. Ri8ht, Representative Johnson?

19

NR HARRIS: (e) is relocation expenses.

20

GOVERNOR BUSBEE: Mr. Speaker.

21

SPEAKER MURPHY: Hhat brought this up -- rvIr. Chief

22 Justice, I've got to refer to you again -- is one decision

n the courts held that t~e attorneys' fees were a part of

24 reasonable expenses, and in a later decision they held that

25 they weren't, didn't they?

CHIEF JUSTICE JORDAN:

PAGE 37 - - - - - - - ----------------.---Right. I think that latter

2 decision is the present law.

3

SPEAKER HURPHY: All I can say about. that, Hr.

4 Johnson, is this, just to give you an illustration. If the

5 State Highway Department comes through your town and takes

6 your home and offers you $40,000 for it, and you say that

7 ain't enough, "My house is worth $80,000," you p;o to court

8 and you get a jury verdict for $60,000 and your lawyer ~ets

9 a third of what you got, you ain't got any more than you had

10 to start with, you're back where you was.

..'" 11

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j:

It ain't gonna hurt or help the lawyers one way or

o......

f~ 12 ~ another because they lawyers are going to get their money, I

~ri can guarantee you that -- I'm goinp; to get mine because I'T'l

! 14 going to have a contract. All I'm trying to SaY is to LIke

:l-oc-nr

.15 ~ care of the poor old fellow who's losing his property. You
'";;)

16 .~.. don't need to take care of the lawyer here, you think of the

Q

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17 : poor old fellow that's losing his property.

18

MR. HARRIS: Hr. Chairman, --

19

REPRESENTATIVE JOHNSON: It' a a question of v.,11O' S

20 dealing.

21

GOVERNOR BUSBEE: Mr. HArris.

22

MR. HARRIS: Mr. Chairman, this is sinply another

23 place where we are trying to make this document more flexible

M to try and meet future needs. The General Asserilily itself

2S may determi ne cIt saIne point in the future th:lt i t i~

LL

.

__

_

PAGE 38

appropriate to pass a statute. In doing that it would be

2 totally within your province to say that if you do permit 3 attorneys' fees to be awarded as a part of th~ conde~nation

4 that they shall not exceed a certain amount or a certain

5 percent; it is totally in your control. We are trying to

6 give you the opportunity -- not you, but the General Asseoblies

7 in the future the opportunity to oeet needs that may arise 8 that are unknown today.

9

GOVERNOR BUSBEE:. Any other discussion? Senator

10 Thompson.

"z
II j:

SENATOR THOtWSON: I would speak in favor of leaving

@;;o.'G".o. this in there. We had a couple of similar situations that the Speaker mentioned recently in Cobb County around! the

! 14 Barietta area where some local bustnesspeople had a s111all ~ '0"( %
15 .:I warehouse and they could not replace the building for what
"'~"
16 .~.. they were offered for the land -- I mean for the total land Cl Z 0(
17 :: and building, and when it was taken to court they won the case

18 but the attorney's fee again ate up a lot of their equity

19 which made it hard for them to move their business into another'

20 building, and so I think that in some cases the appraiser who

21 appraises the property tells the Highway Department what to

22 offer, it may not be in tune 1;.;1 th local values. may nnt be in

23 tune with replacement values and may be, you know. out of 24 line considerably, and so I think the General AS1-iembly should

25 address that

..-----------------------------

PAGE 39

A local businessperson or a homeowner or whoever,

2 a local citizen can stand the loss a lot less than the

3 taxpayers if that's whnt the representative is_ talking about

4 while ago, but this needs to be addressed. It's a very

5 serious problem. If you have a small business, it's a very

6 serious problem.

7

GOVERNOR BUSBEE: Any other discussion?

8

SPEAKER l1URPHY: Could I make one more corr.ment after

9 Senator Bell?

10

GOVERNOR BUSBEE: Senator Bell.

"z
11 j:

SENATOR BELL: By leaving this in the constitution

'2"

w

@;i it allovls for a law to be passed, to later be done. If vou take it out, you cannot pass a law to do this. Is that not

! 14 ... correct? '<"l %
15 0:1
'""
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16 ~ w Qz
17 ~

MR. HARRIS: That's correct. REPRESENTATIVE LEE: Hove the question. SENATOR HOLLOh1AY: Have the question.

18

GOVERNOR BUSBEE: Hr. Speaker.

19

SPEAKER HURPHY: Could I make one more point to Hr.

20 Johnson?

21

To take it one step further, Mr. Johnson. if' t hl'

22 Atlanta Airport decides to expand its airport a little bit

23 more and get your house up in Narrow, you would have to p;ly

24 your attorney's fees out of that unless this is adopted and

25 the General Assembly passes a statute.

PAGE 40

A VOICE: You got his attention that time.

2
3 that.

REPRESENTATIVE COLEHAN: I believe he understands

4

GOVERNOR BUSBEE: Is there any further discussion?

5 Is there objection to calling the question?

6

Hearing none, all those in favor of the motion that

7 it be deleted rise and stand until you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: All right. I can count those

10 people without your help,Nr. Speaker and Lieutenant Governor

CzI
11 ~
r@!;;O..o..f..:

Reverse your position. (A show of hands.) GOVERNOR BUSBEE: I need your help now.

~

14! 15

..:z....:
~

are

12;

All right. in the Senate

In the House the ayes are

the ayes are one, zero and the nays

the are

navs 15.

CI Of:

;;)

16 ~... All right .

Q

Z 17 ::

SENATOR HOLLOWAY: It sounds like we're passing

18 local legislation.

19

GOVERNOR BUSBEE: That was lost. Do you understand

20 that was lost, Representative Johnson?

21

REPRESENTATIVE JOHNSON: Yes, sir. It's not the

22 first time and probably won't be the last,

23

GOVERNOR BUSBEE: All right. Now. looking at

24 Article I, are there any other changes that any member \<lould

25 like to suggest?

j

...--------_._-----------------------All right. We'll move on at this time.

2

Now looking at your short package with the inuex on

3 the front, I notice no recommendation or no conference

4 committees. Would anyone like to move in Article II in any

5 respect?

6

Hearing none, we go to Article III.

7

Just a minute. The Speaker wanted to look at

8 Article II a minute.

9

SPEAKER MURPHY: In looking at Paragraph I,

10 Section II on page 9, tell me if that means the method of

appeal from the decision to allow or refuse to allow any

person or vote and provisions for returns shall be made to

the Secretary of State. I read that and I couldn't make up

my mind.

It looks like you've got --

GOVERNOR BUSBEE: All right. vfuat he's discussing

is on page 9 of your big package on line 23. You can read it

18

SPEAKER HURPHY: It says:

19

A method of appeal from the decision to allow

20

or refuse to allow any person to register or vote

21

and provision for returns of all elections by the

22

people to be made to the Secr2tary of State shall

23

be provided by law.

24

It could be construed to mean that you could appeal

25 your right to vote or not vote to the Secretary of State.

PAGE 42

I had a hard time, Judge, trying to decide what it meant.

2 The Supreme Court could have some fun with that thing.

3

I think it ought to be clarified that what you're

4 tryinE to do is allOlJ a method of appeal from refusing to

5 allow any person to register or vote to the courts, and one

6 provision for all election returns to be made to the Secretary

7 of State. That's what it was intended to mean, but I don't

8 know ,,]ha t i t means.

9

A VOICE: What page are you on?

10

SPEAKER MURPHY: Page 9, Paragraph T, Section II.

"z
11 j:
.o.'"....

What I'm saying, Judge, it could be construed by

~ 12 ~ your court, and I could see it would be possible that whether a

person was allowed to vote or not to vote would be appealed
@~~~14!to to the Secretary of State instead of the courts as is now

':~"r

15 o:l provided.

"'";)

16 ~...

REPRESENTATIVE GREER: Mr. Chairman,

Q

Z

~

17 ::

GOVERNOR BUSBEE: Representative Greer.

18

REPP~SENTATIVE GREER: On Mr. Speaker's point,

19 isn't it true though that it's appealed to the Secretary of

20 State, and if it needs changing that then we always appeal

21 to hin about elections because they're the ones that has

22 charge of setting electio~s, but they have to follow whatever

23 is in the law about it.

I

24

My problem is it would be a little unhandy for me

I

25 to come from Waco, Georgia up here to Atlanta to appeal to

J

PAGE 43

the Secretary of State if they wasn't going to let me vote

2 instead of going to the ordinary, the election superintendent

3 or the superior court.

4

SPEAKER MURPHY: I don't know what it mea.ns. That

5 ain't the way you do it now. I don't know what it means.

6 I just couldn't determine what it meant when I read it.

7

REPRESENTATIVE GREER: I always thought it meant that

8 the Secretary of State was the final place to go before you

9 went to the law on it, but it Inay be you need to include your

10 county people too like on a question of voting.

CzI

11 ;:
I..o..t..

That was the only point I wanted to make

~ 12 ~

GOVERNOR BUSBEE: Senator Holloway.

~/~

SENATOR HOLLOWAY: Mr. Chain~an, it looks to me like

! 14 it simply says that we've got to provide by 1m" hmv you appeal I-

':~"r

15 ~ to the Secretary of State.

CI

It

:>

16 ~...

SPEAKER ~ruRPHY: Is that what you want to do, appeal

Q

Z

~
17 :: the right to vote or not to vote to the Secretary of State?

18

SENATOR HOLLOWAY: He have to provide by 1m" for

1

I 19 appeals to the Secretary of State. I wouldn't want to res trict

20 it just to the Secretary of State.

21

SPEAKER MURPHY: That's what this does.

22

MR. HARRIS: It is inartfully worded, Mr. Speaker,

n and of course the intent was that a method of appealinB the

M refusal to register an individual should have a method of

2S appeal to be provided by law first, and secondly that the

I

J

PAGE 44

method of making returns of elections to the Secretary of State

2 should also be provided in the manner provided by law, and we

3 would happily work withyou or any other person'to clarify

4 the intent.

5

REPRESENTATIVE PINKSTON: You've got two different

6 issues.

7

HR, HARRIS: There are two different issues. He

8 inartfu1ly put them together.

9

SPEAKER HURPHY: I suggest you artfully put it

10 together then.

11 ;"z::
...oCIt
l>.

MR. HARRIS: If the committee will give us that

~I } ~

12 ~ authority. we'll be happy to do it.

~

REPRESENTATIVE LEE: I so move we delegate that

14 ~~ responsibility.

'"

%

IS .:I

GOVERNOR BUSBEE: All right. Senator Reynolds, I

"CIt
~

16 I~D recognize you.

Qz

17 ::

SENATOR REYNOLDS: Hr Chairman, I move that on line

18 26, beginnins on line 26 that the words "to be made to the

19 Secretary of State" be stricken from this paragraph and just

20 have "shall be provided by law."

21

It would read: "returns of all elections by the

22 people shall be provided by law."

23

i SPEAKER WJRPIIY: I think election returns ought to be

24 to the Secretary of State. I think that ought to be in the

I

constitution.

J

GOVERNOR BUSBEE: The observation has been made

2 and let me just throw it out for you that we're talking about

3 two things here, and the staff be directed to come ur with the

4 language and let us proceed and let us come back to this

5 later today.

6

Is there any objection to doing that? I think

7 everybody is in agreement on it. All right.

8

Senator Lester.

9

SENATOR LESTER: Governor, if I may throw this out

10 as a suggestion for them to consider, it seems to me that the

intent is that the appeal be made to the Secretary of State,

but we need to -- as provided by law -- all you've got to do

is strike out the three words on line 26 "to be made" so the

elections by the people to the Secretary of State shall be

provided by law.

MR, HARRIS: Mr. Chairman, if I may respond to the

Senator.

18

GOVERNOR BUSBEE: Senator Harris.

19

MR. HARRIS: Actually our intention was that the

20 General Assembly would advise the method of appeal. Pe ,oJere

21 not intending to lock in the Secretary of State as thnt person

22 to whom you had to say the appeal went.

23

He were simply saying you would provide a method of

24 appeal first, and secondly that returns of elections WOllld be

25 made to the Secretary of State in the nwnner provided by law,

PAGE 46

and we just messed up, so we will clear it up.

2

SPEAKER MURPHY: Could I make a suggestion now?

3

GOVERNOR BUSBEE: Hr. Speaker.

4

SPEAKER MURPHY: Why not say the General Assembly

5 shall provide a method of appeal from the decisions to

6 refuse to allow any person to register or vote, and shall

7 provide for the -- for all returns of all elections by the

8 people shall be made to the Secretary of State.

9

GOVERNOR BUSBEE: I think that would handle it

10 myself, both issues.

.."z
II i=

MR. HARRIS: That would handle it .

o......

@;i GOVERNOR BUSBEE: Did you hear his language? want to move on that?

Do you

! 14 t;

SPEAKER MURPHY: I move it.

~

%

.".15 olI ;:)

A VOICE: I second it.

16 .~..

GOVERNOR BUSBEE: The motion has been made and

Q

Z

~

17 : seconded. You heard the motion. Is there further diHcussion?

18

If not, is there objection to the adoption? Hearing

19 none, it's adopted.

20

Looking at Article II, are there any other

21 suggestions on Article II before going to Article 1111

n

If not, you will be looking ~t the big package on

D page 11. Looking at the short package on the index you'll

M see that we do have a report on page 3 of the short package

25 if you'll turn to pa8e 3. Mel.

PAGE 47

/ 11R. HILL: This was subject to reconsideration.

2 This is the compensation and allowances provision.

3

The version that is in the draft you have in front

4 of you is at the top of the page, and there are alternatives

5 that were drafted because it was not clear to those of us

6 that were here exactly what was agreed to.

7

The first proposal would allow members of the General

8 Assembly to raise their compensation to a cost of living --

9 as much as the annual cost of living granted to employees

10 in the classified service of the State Merit System;

"%
11 i=

The second alternative would have a self-executin~

.'o."....

@;I grant where you would automatically get any average annual cost of living increase granted to employees of the Merit

! 14 System;

I-
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:I:
15 ~

And then the original proposal, which is Alternative

"'":;)
16 .~.. 3, which would state that no increase in salary could become

Q

%

17

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:l

effective until

the

end

of

the

term,

and omit

any mention of

18 expenses and allowances, and that would be provided for by

19 law.

20

GOVERNOR BUSBEE: My understanding, looking at page

21 15 of the long package, line 9, that's not my recollection of

22 what was adopted.

23

SPEAKER MURPHY: Here's what's adopted right here.

24

MR. HILL: This is what has been adopted so far,

25 nd then there was no agreement about what the language was

- - - - - - -----~ -~----and it was reconsidered.

PAGE 48

2

MR. HARRIS: That was originally adopted; a motion

3 was made for reconsideration at a later meeting, and it was

4 voted to reconsider. The committee then discussed increasing

5 the General Assembly's salaries during the term by the amount

6 of the cost of living increase granted to other State Merit

7 System employees, so what you have in the document on page 15

8 was the original thing that was adopted, and then it says

9 "For Further Study" indicating there was a motion for

IO reconsideration, and what we have proposed are in Alternative 1

11

"%
;:
.'.o"....

giving

the

General

Assembly

the

power

to

increase

during

the

@;I term the salary by the amount of the average annual cost of living adjustment granted employees. That's giving you the

14 ~ right to do it_

.I..-.

:~z:

15 ~

Alternative 2 is a self-executing increase that

"'":;)

16 ~... basically just says without any action on your part the cost

Q

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~

17 :: of living increase is effective;

18

And Alternative 3 was an earlier proposal that was

19 made that would not permit you to increase your salary Juring

20 the term, but would free up from constitutional prohibition

21 the expenses and allowances.

22

GOVERNOR BUSBEE: All right. Which one is provided

23 for now? ~lat was adopted?

24

MR, HARRIS: Hhat was adopted is what's at the top,

25 and then it NelS -- the vote was taken to recons ider, and

PAGE 49

you talked about the cost of living and directed us to come

2 back with some proposed language.

3

GOVERNOR BUSBEE: All right, sir.

4

Senator Lester.

5

SENATOR LESTER: Robin, on Altel~ative 2 you didn't

6 mention that this last sentence there says except as provided

7 in this paragraph, no increase in salary shall become effec-

8 tive prior to the end of the term during which such change is

9 made.

10
..,

HR. HARRIS: Right .

z

II j:
.'o"".-.

SENATOR LESTER: So in Alternative 2 and 3 then the

~ 12 ~ increase would not become effective until the end of the term.

~r~

Now, it seems to me with Alternative 2 if whatever

! 14 t; increase in salary were given state employees, then the

0(

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IS .q., General Assembly members would get the same increase .

'~"

16 ~...

MR. HARRIS: The cost of living increase, that's

Q

Z

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17 : correct.

18

SENATOR LESTER: The cost of living increase, nine

19 percent, ten percent or whatever it would be, but it would 20 not be effective until the end of the term.

21

MR. HARRIS: No. No, the last sentence means that

22 except as provided in this paragraph -- that means you could

23 only get during the term for ~hich you were elected the

24 automatic cost of living increase adjustment.

25

If in addition to that at any time the General

PAGE 50

Assembly voted an overall increase in salaries other than cost

2 of living, that could not take effect during the term for

3 which you were elected.

4

SENATOR LESTER: Thank you.

5

GOVERNOR BUSBEE: Senator Starr.

6

SENATOR STARR: Hr. Chairman, is a motion in order?

7

GOVERNOR BUSBEE: First let me ask you this.

8 I don't really know whether we passed a motion to reconsider

9 what was adopted or not.

10

REPRESENTATIVE COLEMAN: We didn't pass a motion.

GOVERNOR BUSBEE: Is there objection to reconsidera-

tion where we can proceed?

Hearing none

Is there objection? Hearing none,

it's reconsidered.

All right. I'll entertain a motion.

REPRESENTATIVE JOHNSON: There is objection. I

object to reconsidering it; I like it like it is.

18

GOVERNOR BUSBEE: Let me ask you this, Representative

19 Johnson. \~at is your understanding of what has been adopted?

20

REPRESENTATIVE JOHNSON: It says the compensation

21 of the members of the General Assembly shall be as provided by

22 law is what it says on this sheet, earlier approved version.

23

GOVERNOR BUSBEE: I don't think that's what was

24 adopted.

25

REPRESENTATIVE LEE: I move we reconsider.

PAGE 51

GOVERNOR BUSBEE: The staff tells me we have already

2 approved reconsideration, but I don't recall it.

3

SPEAKER MURPHY: No, we didn't.

4

GOVERNOR BUSBEE: In order to move forward now, the

5 status is we're going to go on the Paragraph VI that's at

6 the top of the page. Is that what you're saying we adopted?

7

A VOICE: We adopted more than that.

8

SPEAKER HURPHY: Can I tell you what we did?

9

GQVERNOR BUSBEE: Mr. Speaker.

10

SPEAKER MURPHY: What we did is we adopted the

11

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f=
..'o"....

provision

that

the

salaries

of

the

General

A8sembly would

be

~ 12 ~ increased by the same amount as the state employees' was

~J~ increased at the time, and Senator Holloway served notice

! 14 !;:; he would ask for reconsideration, but no reconsideration has

x

15 ~ been asked for, and that's exactly what happened because you

~

::I

16 .~.. caught all the flak for it, thank goodness .

Q

Z

17 ::;

SENATOR HOLLOWAY: He's the one that pushed it

18 across the goal line.

19

GOVERNOR BUSBEE: My recollection of what was passed

20 was that a cost of livin8 increase, you would receive the same

21 as the state employees during the term, but you could not

22 raise your compensation beyond that during the term for which 23 you've been elected. That was my understanding, and Senator 24 Holloway moved for reconsideration.

25

That's what I say was passed. Is that your

understandine?

----------------------
Does anybody disagree?

PAGE 52
----------------
That is different

2 from what's on the kmg page.

3

That being true, that is what was adopted and there

4 was a motion to reconsider, and Senator Holloway served

5 Do you move now to reconsider?

6

SENATOR HOLLOHAY: Yes, I move -- it's already been

7 moved ~o reconsider.

8

GOVERNOR BUSBEE: All right, so it's been moved to

9 reconsider.

10

All those in favor of reconsiderin~ your action in

.. 11

"z
~

the

adoption

of

that

paragraph

rise

and

stand until

you're

f...

@;I counted. (A show of hands.)

! 14 t-

GOVERNOR BUSBEE: Reverse your position.

'"

:I:

..15 ~
";;)

(A show of hands.)

16 .~..

SPEAKER MURPHY: The motion is to reconsider our

Q

Z

17 : action in adopting the motion we adopted that the General

18 Assembly would receive the cost of living increases that the ]9 state employees receive. That's the motion, and that's what
20 we adopted, and that's what the motion to reconsider is.

21
GOVERNOR BUSBEE: All right. What you're recon22
sidering is as I recall what was passed would be Alternative 23
Number 2.
24
SPEAKER MURPHY: That's correct.
25
GOVERNOR BUSBEE: That's what I rec;lll was passed.

PAGE 53
-----_._-------
The Chair is going to rule that unless there is objection or

2 a different recollection, with the notice of reconsideration.

3

All right. Now that being true, the motion is to

4 reconsider the adoption of Alternative Number 2.

5

REPRESENTATIVE COLEMAN: Could I ask a question,

6 Governor, or make a statement?

7

GOVERNOR BUSBEE: Representative Coleman.

8

REPRESENTATIVE COLEHAN: Governor, I agree this

9 Alternative 2 was what we talked about because my motion after

10 some considerable debate on \vhat Representative Snow said

~

i11 "Eoz concerning the compensation, and the purpose of that was "1M
12 the purpose of my amendment to the motion was to put the

~--- ~ maximum that you could receive limited to the amount the

14 Estate employees got; this would prevent the need for every :r
15 ~ five to ten years to come along and pass some big pay raise Ill: ;;)
16 ~ that we've been criticized for before, and I think it would
zQ
17 ~ preempt probably any move to do that in the future. I don I t

18 think there would be any need to ever come back and pass a

19 big pay raise like we did in '75 or '73 or whatever it was 20 in doing this thinp; so that we could set by appropriation the

21 four or five or six or seven percent pay raise done every year

22 like we do for the state employees.

23

GOVERNOR BUSBEE: Does everyone know what we arc

24 voting on? Does everyone understand?

2S

The motion is on the question of reconsidering the

PAGE 54

action you took in adopting Alternative 2.

2

SENATOR BELL: Parliamentary inquiry.

3

GOVERNOR BUSBEE: State your point. Senator Bell.

4

SENATOR BELL: The vote that we just took, does that

5 count, or are you starting over?

6

GOVERNOR BUSBEE: lJe' re going to recast the vote.

7 There was a misunderstanding as to what we were votinp, on.

8

The motion is to reconsider your action in adoption

9 of Alternative Number 2. That is the motion.

IO

All in favor --

" 11

z
j:

.I.o.I...:

SPEAKER HURPHY: Tell them what Alternative 2 is in

@;I simple language. GOVERNOR BUSBEE:

All right.

In simple language

! 14 l'<"l %
15 ~
"II:
::;)
16 ~... you cannot raise your compensation beyond that during the Q Z <l
17 : tenn for which you've been elected; that any raises you might

18 give would be to the next term and not the term you've been

19 elected.

20

SPEAKER HURPI-IY: \Vhat is says is it won't become

21 effective until the next term. You get the cost of living

22 you give the s tate employees during the two years. but it

23 don't become effective until the n~xt term.

24

A VOICE: No.

2S

GOVERNOR BUSBEE: Hr. Speaker. you're in error I

PAGE 55

think.

2

SPEAKER MURPHY: That's what Alternative 2 says

3 anyhow.

4

REPRESENTATIVE LEE: Such increase shall become

5 effective at the same time it becomes effective for state

6 employees.

7

CHIEF JUSTICE JORDAN: It says except as provided

8 in this paragraph.

9

GOVERNOR BUSBEE: Senator Bell.

10

SENATOR BELL: Parliamentary inquiry. The

interpretation of what the Speaker says is very critical to

this question because my understanding of the language here

is that it would become effective at the same time that it

becomes effective for everybody else.

I would like for the Chair to rule on exactly what

Alternative 2 says so --

SPEAKER MURPHY: It says it will become effective.

18 and it says it won't, and I reckon I --

19

Right here it says such increase shall become

20 effective for members of the General Assembly at the same

21 time that it becomes effective for such state employees.

22 except that as provided in this paragraph no increase in

23 salary shall become effective prior to the end of the term

24 during which such change is made.

25

MR. HARRIS: Br. Chainnan.

PAGE 56

GOVERNOR BUSBEE: I think what the last sentence is, 2 and the staff drafted that as you recall, but what the motion

3 was was that you would receive the cost of liv.ing increase

4 received by state employees, butdlat you could not raise your

5 salary during that term.

6

Now, the way they drafted it, it says that such

7 increase which refers to the cost of living increase, shall

8 become effective for the members of the General Assembly at

9 the same time that it becomes effective for such state

10 employees; except as provided in this paragraph which is

11

";z:
.'o."....

above,

no

increase

in

salary

shall

become

effective

prior

to

@;i the end of the term during which such change is made. I think it is very clear, you cannot increase your

! 14 ... salary except for the cost of living which is auLomaticully

':~"r

15 o!) given.

"'";;)

16 .~..

REPRESENTATIVE COLEl1AN: This is a good compromise .

Q

Z

~

17 : We had it wide open before.

18

GOVERNOR BUSBEE: At the same time duri.ng the term --

19 This is clear.

20

All right. Now. that's what's before you. The next

21 is the motion to reconsider.

22

I think it reads clearly. that's what the intention

23 is.

24 25

Now, with that, we have a motion to reconsider the action in adopting ~vhat we have in Alternative 2 which I've

j

PAGE 57

just explained.

2

All right. Now, is there any objection to ordering

3 the previous question? The motion is on reconsidering your

4 action in adopting Alternative Number 2.

5

All those in favor of reconsideration of your action

6 in adoption of this paragraph rise and stand until you're

7 counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: All right. Reverse your position.

10

(A show of hands.)

"z
11 ~
.'2"..

LT. GOVERNOR MILLER: It's so close over here I

(@~j would like to see it again. GOVERNOR BUSBEE: The Lieutenant Governor wants the

~ 14! Senate to recast its votes on the motion to reconsider.

!;;

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15 ~ All right. All the Senators that are in favor of reconsidera-

":'>"

16 .~.. tion rise and stand until you're counted .

oz

0(

17 ::

(A show of hands.)

18

GOVERNOR BUSBEE: Reverse your position.

19

(A show of hands.)

20

GOVERNOR BUSBEE: All right. In the House the ayes

21 are nine on the motion to reconsider. the nays are 15; in the

22 Senate the ayes are nine and the nays are 10, so the motion

n for reconsideration fails, and it will be not as listed on the

24 long sheet but as you actually passed it which is Altern3tive

25 Number 2.
"--------------- ----------------

PAGE 58

(Pause.)

2

GOVERNOR BUSBEE: Are there any other items in

3 Article III to be considered or reconsidered?

4

All right. Let's have some -- Give me your

5 attention.

6

The Chair recognizes Representative Colwell.

7

REPRESENTATIVE COLWELL: I move we reconsider our

8 action on Subparagraph (b) of Paragraph VI, Section X of

9 Article III.

10

GOVERNOR BUSBEE: Give me the page number on the long

II

"z
j:
.'oD".o.

package.

@;I

MR. HILL: Page 26, line 3. A VOICE: We haven't got to page 26 yet.

! 14 I-

A VOICE: He ain't got there yet.

':"z:

15 ol)

GOVERNOR BUSBEE: Is that Article III you're

":';",

16

~...
az

addressing?

17 :

REPRESENTATIVE COLWELL: It's Article III, but it's

18 over in Section IX. You're not to that, but

19

GOVERNOR BUSBEE: I asked if there were any other

20 changes in Article III in addition to the one we just

21 considered. Is yours in Article III?

22

REPRESENTATIVE COLWELL: Yes, it's in Article III.

23

SPEAKER MURPHY: Could I ask a question before we

24 get to that page about another --

25

GOVERNOR BUSBEE: About another article?

- - - - - - - - _ ..

PAGE 59

SPEAKER HURPHY: Before we get to his page, on paee

2 17, Paragraph XI --

3

A VOICE: Are we jumping around?

4

GOVERNOR BUSBEE: I'm taking it article by article.

5 It doesn't have to necessarily be in page numbers, but go

6 ahead, Hr. Speaker.

7

SPEAKER MURPHY: Does Paragraph XI mean that a bill

8 could not go into law without the Governor's signature if it

9 was a two-thirds required vote on the thing?

10

Does that mean that a local bill couldn't go into

11

"z
j:
.'o."....

law

without

your

signature?

~ 12 ~

A VOICE: ~fuat page you on?

~F~

GOVERNOR BUSBEE: Page 17, line 30.

14 !..

REPRESENTATIVE PINKSTON: Yes, sir, that's what it

'0"(

%

15 ,:) means.

"'~"

16 .~..

SPEAKER MURPHY: It says you've got to sign it as I

oz

0(

17 ::; read it, but it couldn't go into law without your signature

18 which would be a new innovation.

19

I may be wrong, but I read it three times --

20

GOVERNOR BUSBEE: Just a minute. Let's read it.

21

(Pause.)

22

GOVERNOR BUSBEE: He'll just suspendfor a minute,

23 \ve're going to check and see if this is provided in the'

24 present constitution.

25

U-

~

_

(P auso . )

PAGE 60

GOVERNOR BUSBEE: Let me -- I think that's clear,

2 that's the existing constitution; it has nothing to d, with

3 the two-thirds and the speedy vetoes that you had. This is

4 the existing constitution, so the Speaker has no further

5 questions on it at this time.

6

All right. Now I recognize Representative Colwell,

7 and give me the page number firs t.

8

REPRESENTATIVE COLWELL: Page 26.

9

GOVERNOR BUSBEE: Turn to page -- If we could have

10 some attention in the Senate over here, let's turn to pap,e 26.

"z
11 ~

All right. State your motion. Paragraph VI.

.aG.o.

@ - ~12 ~

REPRESENTATIVE COLvlliLL: On (b) I move that we

reconsider our action in passing Paragraph VI of Sect ion X of

14 ~Article III.

'<:"rl
15 ~

A VOICE: State your motion.

"or:
;;;)

16 ~

GOVERNOR BUSBEE: The motion is we reconsider our

oz

<l

17: action in adopting Subparagraph (b), page 26 beginning on line

18 29. That is the motion.

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: There is a second. We'll have

21 discussion. They wanted to know why.

22

REPRESENTATIVE COUlELL: All right. After the

23 word "taxes" insert "and all interest on such money" to make

24 it to read as follows:

I

25

"An amount eo,uC1l to nIl money derived from

.J

PAGE 61

motor fuel taxes and all interest earned on such

2

money."

3

GOVERNOR BUSBEE: All right, you've heard the

4 motion, you've heard discussion. Is there any further

5 discussion on the motion to reconsider your action in tIle

6 adoption of this subparagraph?

7

Is there any other discussion?

8

If not, all those in favor of reconsidering your

9 action in the adoption of Subparagraph (b) --

10

First I'll just ask is there objection to

"z

11

j:
.'o."....

reconsiderin~?

All right. There is an objection. All those in

(@~! favor of reconsideration rise and stand until you're counted.

~ 14!I-

(A show of hands.)

':<z"C:

15 .~.,

GOVERNOR BUSBEE: Reverse your position .

'"::>

16 .~..

(A show of hands.)

o

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17 :

LT. GOVERNOR MILLER: I don't know what I've got now.

18 I've got hands going up and down.

19

All those in favor rise and stand until you're counter"

20

(A show of hands.)

21

LT. GOVERNOR HILLER: Reverse your position.

I

22

(A show of hands.)

23

GOVERNOR BUSBEE: In l:he House on the motion to

24 reconsider the ayes are 16, the netys are three; in the Senate

2S the ayes are 15, the nays are zero. SubparnRraph (b) is

PAGE 62

reconsidered.

2

I'll entertain a motion. Do you have a motion,

3 Representative Colwell?

4

REPRESENTATIVE COUJELL: I move that by adding in

5 the first sentence after the word "taxes" before the words

6 "received" the fo11ovling: "And all interes t earned on such

7 money."

8

GOVERNOR BUSBEE: All right. You've heard the

9 motion. Is there a second?

10

A VOICE: Seconded.

"z
II ~
.'2"..

GOVERNOR BUSBEE: Senator lIo11oway.

@;I ./ SENATOR HOLLOt-JAY: I believe, sir, that it's allocate money, and I believe under the present language the courts

!.. 14 ... would relegate that interest money to the Highway Department

~:z:

15 olI because it's derived from highway taxes, and I support the

"'";;)

16

.~..
oz

amendment .

17 :i

GOVERNOR BUSBEE: All right You've heard the

18 motion to amend.

19

Representative Burruss.

20

REPRESENTATIVE BURRUSS: Under the present

21 constitution this money is not allocated; is that correct?

22

GOVERNOR BUSBEE: I think you're correct.

23

REPRESENTATIVE BURRUSS: It's provided by law now.

24

GOVERNOR BUSBEE: That's correct.

25

REPRESENTATIVE BURRUS~: If we adopt this amendment

- - - _..._---------_.

PAGE 63

we're forever hung with that money going to DOT without a

2 constitutional amendment; is that correct? Regardless of

3 what the need might be for the state, we are --

This is a

4 major change where we are constitutionally allocating

5 additional revenue to the DOT.

6

A VOICE: That's right,

7

GOVERNOR BUSBEE: You're correct on that. You can

8 do it by statute. It's done by statute now which you can

9 change; if you did this you couldn't change it by statute,

10 but you could change it by constitutional amendment.

I:l

11

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..'o"....

REPRESENTATIVE BURRUSS: That's a Major change,

~ 12 ~ would you not agree?

~r~
..! 14 ... '" :z:

GOVERNOR BUSBEE: It's a constitutional chan~e, yes. All right. I'll go to Representative Triplcu first .

15 .:

REPRESENTATIVE TRIPLETT: Hr. Chairman, isn't it

I:l Ill:

;;)

16 .~.. true that really what we're doing is talking about the

.Cl
Z

17 ::: interest on the motor fuel tax? The motor fuel tax is already

18 allocated to the department, that's all we're talking about is

19 just the interest.

20

GOVERNOR BUSBEE: That's correct.

21

Wait a minute, I had somebody else that wanted to be :

22 recognized.

23

All right. Senator Stumbaugh.

24

SENATOR STUHBAUGH: If this constitutional chonge is

25 not made, is it not correct thot based on how we have r('\,'ordcd

PAGE 64 -------- ---------
this constitution the existing law would continue and that tax

2 would still be allocated to the Department of Transportation

3 by law?

4

GOVERNOR BUSBEE: I think everyone understands what

5 it means. You have a statute now; the statute continues

6 unless you amend it. The statute today provides that the

7 interest on motor fuel tax goes to the Highway Department.

8

If you pass it in the c0ustitution, then you could

9 not change it by statute, but you could by constitutional

10 amendment.

"z
11 j:
'..o"....

Senator Reynolds.

@}~j SENATOR REYNOLDS: I think you pretty well covered it, Governor, but if it's left as it is as I understand it

!. 14 I- it would be questionable t-lhether or not we could pass tl

'~"

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15 ~ statute where it would go into the DOT.

"'~"

16 ~...

GOVERNOR BUSBEE: You have already passed a statute .

Q

Z

~
17 :

SENATOR REYNOLDS: Under the wording of the new

18 constitution this simply clarifies and puts in the

19 constitution what we're doing today.

20

GOVERNOR BUSBEE: The statute is

I think every-

21 body understands.

22

Is there objection to ordering -- Does anybody else

23 desire to speak? I don't want to cut anybody off, but the

24 motion is you constitutionally allocate the interest.

25

All right. Is there objection to orderinB the

previous question?

----------

PAGE 65 - - - - - - - -------------

2

Hearing none, the previous question is ordered.

3 All those in favor of the amendment to the constitution rise

4 and stand until you're counted.

5

(A show of hands.)

6

GOVERNOR BUSBEE: Reverse your position.

7

(A show of hands.)

8

GOVERNOR BUSBEE: On the amendment in the House the

9 ayes are 16, the nays are five; in the Senate the ayes are

10 16, the nays are two. The amendment to the constitution is

11

"%
l-

passed.

oll<

Go

III

@;i All right. Looking at Article III, are there any other amendments or reconsiderations on Article III before

!.14 going to Article IV?

':<z":l
15 0:1

SPEAKER MURPHY: Could I ask a question?

"ll<
~

16 .~..

GOVERNOR BUSBEE: All right. l1r. Speaker .

Q

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<l

17 :

SPEAKER MURPHY: I don't know what article this is,

18 it's onpage 18 and 19. It seems to me Para8raph XIII,

19 Subparagraph (c) --

20

GOVERNOR BUSBEE: All rip,h t. If you wi 11, t,lke your

21 long sheet, turn to page 18 and look at

22

SPEAKER MURPHY: That would be Paragraph XIII is

23 what it appears to me. I don't know what the present

24 constitution is, but you and I both know that you've never

25 got the veto messages wi thin [fO dnvs. I t seems 11 1 it L 1('

PAGE 66 unreasonable to me to give you 40 days to veto bills after

2 adjournment and then require you to give the presiding officer

3 of both houses a veto message within the same 40 days.

4

It seems like that second 40 days ought to be

5 extended a little bit to give you a little time. If you veto

6 bills on the last day you OU8ht to have a little time to

7 it seems to me that's unreasonable to require you to give the

8 presiding officer the veto message the same day that your date

9 for ending your veto is. That seems unreasonable.

to

GOVERNOR BUSBEE: W1at 's done, you have L~O days in

II "~ which to make the veto, and on that last day I have to ri ve

@_I12

..o....


the

presiding

officers

the

veto

message.

problem.

It's created no

! 14 ......

SPEAKER :r-IDRPHY: The only problem is you <lin' t never

<C

15 : give us one within 40 days in your life in the seven years

"
16 ~.:oz.;.) you've been here.

I'm just trying to get you to comply with

17 : ttle law is all I I m trying to do.

18

GOVERNOR BUSBEE: Mr. Speaker, if you would check thel

19 dates of all the correspondence of vetoes you'll see that I'm

20 al~ays prompt, in all seven years I have done this.

21

SPEAKER NURPHY: Governor, would you say six months

22 is more accura te?

23

LT. GOVERNOR MILLER: That's more like it.

24

SPEAKER MURPHY: I'm just trying to help you.

25

GOVERNOR BUSBEE: I I 11 accept th is change; six month~J

PAGE 67

will be fine.

2

SPEAKER MURPHY: How about 60 days then I'll calIon

3 you for it.

4

GOVERNOR BUSBEE: That would be fine.

5

SPEAKER HURPlIY: I think he ought to have Cl little

6 time more than the 40 days though.

7

A VOICE: You need a little more detailed

8 explanation too. Do you want to get that?

9

SPgAKER MURPHY: I think on line 4, page 19 --

10

GOVERNOR BUSBEE: The motion is that on pCl~e 19 on

11

"z

j:
'..o"....

line

4,

that 40 be changed to 60 days.

~ 12 ~

SPEAKER MURPHY: That will give him 20 days after

~r~ the time

! 14 ...

GOVERNOR BUSBEE: All right. Is there c:1 second?

'x"

15 o!)

A VOICE: Seconded.

"'"::;)

16 .~..

GOVERNOR BUSBEE: There is a second. All right .

Q

Z

17 : Any discussion?

18

If not, the previous question. Is there objection

19 to changing the 40 to 60 days?

20

Hearing none, it's adopted.

21

All right. Now, anything else on Article Ill? We'll

22 stop for just a minute and let you look.

23

(Pause. )

24

SPE~KER MURPHY: Let me ask you a question, Nr

25 Governor. please, sir.

PAGE 68

Would you look at the bottom of page 23? I agree

2 with the provision that the Governor should submit within five

3 days a budget report, but I don't think you ought to be

4 re~uired to submit a budget message. I think it ought to be

5 optional whether or not you want to corne up there and tell us

6 what your message is.

7

This thing says you shall do it within five days,

8 and I think it ought to be optional.

9

GOVERNOR BUSBEE: Optional with whom? I think the

10 purpose of it being there would be in the event the legislature

11 "z~ didn't want the Governor to present the budp,et message he

e - ~.o..

V

12 ~ would be precluded, whereas nmv by the constitution it says

he will give the budget message.

14 ~ ':-"c
15 : message.
'";) 16 ~...
Q
-Zc
17 : Right.

SPEAKER MURPHY: This says you shall give a budget GOVERNOR BUSBEE: That means that it would be --

18

SPEAKER MURPHY: l,fuat do you do if you dem' t want to

19 give one?

20

GOVERNOR BUSBEE: I'm not worried about that, what

21 I'm worried about is --

22

SPEAKER MURPHY: l.Jhat do we do if the next Governor

23 don't want to give one?

24

GOVERNOR BUSBEE: He'll still have to give it by law.

2S but what the next Governor has got to 'vorry about if he's got

PAGE 69 ---------------_._-
one house and don't want to hear the message they can cut him

2 off at the pass, so I think this would give him that right.

3

This is not going to affect me as you know, I'm

4 going to be living on the Chattahoochee.

S

SPEAKER MURPHY: All right, sir. On page 25 there

6 is a provision, Subparagraph (d) that has to be changed in

7 my honest opinion, it has to be changed under the federal

8 sovernment block grants.

9

\'fuere it says "All federal funds received by

10

the State of Georgia are hereby continually

"z
II ~
.2'.".
@;I

appropriated in the exact amounts and for the purposes authorized and directed by the federal government in making the grant."

! 14 ...

Under block grants we could not operate under tll,lt:

'<"l

X

IS .) provision, it has to be changed, and I had Mr. Hackney prepare

"'":::l

16

~
o1M

some

language

that

I

give

it

to

you

and

I

don't

know

what

you

Z

<l

17 ~ done \<7i th it.

18

It vJOuld change all federal funds rece i ved by the

19 State of Georgia are hereby continually appropriateJ for the

20 purposes autborized and directed by the federal government in

21 making the grant and contemplated by the General /\ssetnhlv in

22 its appropriations act.

23

But under the block grants that we've got now I don't

24 really know what it would do; it could be construed that the

25 Governor could rut it where he ~J.::mtcd to, or that -- I don't

PAGE 70

really know vIhat it means, and that's tIte reason Hr. Hackney

2 and I both after much discussion felt like that that section

3 was mandatory thatwe change that section.

4

GOVERNOR BUSBEE: Mr. Speaker, I would like to speak

5 to that, and I would like you to pay attention to this if you

6 will because this would be the most drastic change ever made

7 in the constitution where it would strip the Governor of

8 budgetary matters.

9

You have two proposals that you and Mr. Hackney have

10 had there, or that you had.

"z
11 ~
'f."..

One was on Article III, Section IX, Paragraph IV

@;I wherein you wanted to add the words "By the General Assembly." Ibe second one was on Article III, Section IX,

! 14 I- Paragraph IV, where you are nO\<J speaking to.

':"z:

IS 0:1

What you have on the first line that you have in

"'";)

16 .~.. looking at the existing constitution

Do you want to talk

Q

Z

17 : on both of them now?

18

SPEAKER MURPHY: I'm just talking on one; I haven't

19 even talked on the other one yet.

20

GOVERNOR BUSBEE: It comes before this I think.

21

SPEAKER HURPHY: I really Nasn't interested in that

22 one as much as I w~s this one.

23

GOVERNOR BUSBEE: What you have is what you're

24 proposing by the General Assembly on that first one would take

25 the revenue estimates away from the Governor and give it to

PAGE 71

the General Assembly. That's taking it from the Office of

2 Planning and Budget today.

3

The second thing is if you look at the existing

4 constitution as far as the federal funds are concerned, it

5 provides that all federal funds received by the State of

6 Georgia are hereby continually appropriated for the purposes

7 authorized and directed by the federal government in making

8 the grant, and you add "and contemplated by the General

9 Assembly in its appropriation acts."

10

Now, what we had is this was thoroughly deh"ted in

11

"z
j:
'o"

the

article

committee

which was

primarily

--

it

had

a

~F~12 ~""
~~

dominance

of

legislators

on

it

and

I

thought

it

was

resolved

then.

14 !...

\-lhat you have now presently on the federal gcnllts,

'"

%

15 .:. and it won't change under the block grants because what you

";'")

16

.~..
oz

have

is

\vhat

I

read,

but

now what

you have

under

the

existing

17 ::: constitution, you have the right when I make my bud~et request

18 to you, you have the right to make changes; you provide no

19 feder~l money in any article you ~vQnt, no federal mane\' shall

20 be uitilized for this purpose or for that purpose, but where

21 a federal p,rant is made that that appropriation carries forward

22 for the purpose for which the federal grant is made.

23

Now, you can say "You can't take the money," you can

24 dele te it. but under the b lock gran t l' wces s it is not Ilceos s art

25 to add this to where none of this would ]wcome effective. i t l

PAGE 72

would be taking from the hudget process and makine it subject

2 to approval of the General Assembly.

3

Now, you have a right to delete it under there, and

4 I submit that in the deliberation you had in the article

5 corrnnittee -- we have had our fiscal laws since 1962, we have

6 good fiscal laws. you have bragged on it, I've bragged on it

7 and all of us have, and I thought that that issue was resolved

8 at that time, but I submit to you that the block grants where

9 we have had the present 88 categorical grants be consolidated

10 to some block grants and ~he Congress passed 57 categorical

11 5"z grants into nine block grgnts, but it specifies what those are

f

~ 12 ~ used for.

~~ ~

Now, you have a right to come back as I say end

E 14 provide no federal money shall be utilized for this or for
~ :I:
15 : that, and that's fine, but to strip this from the executive
..llI:
;:)
16 ~ branch would be a great departure from the existing law we
z
17 ~.. have.

18

SPEAKER MURPHY: I don't intend to strip anything

19 from the executive branch. It says all federal funds received

20 by the State of Georgia are hereby continually appropriated

21 in the exact amounts and for the purposes authorized and

22 directed by the federal govern~ent in making the grant.

23

That's always been contemplated that you would make

24 the request as to how we would -- how those federal grants

25 would go because there ain't much tve can do. bu t wlH'1l yOl! gc t

PAGE 73

into block grants where you consolidated I believe you said 83

2 into 57 that leaves it totally up to you ~s to say where

3 they're going to spend, how you're going to spend them, and

4 I don't think that's what the law is contemplating, and I

5 don't think that's a drastic change in the official responsi-

6 bility of the law; I think it is a change that leaves the law

7 basically like it is now. If we don't change ~t, it's going

8 to leave it all up to the Governor, everwho he may be.

9

GOVERNOR BUSBEE~ Mr. Speaker, we're not changing it.

10 I'm just saying we asked the Attorney General what this meant,

"z
II i=
..o...... and I think this additional language when it said they give
@;; us the federal money to spend in this state for all the pro-

grams they give it for, if you add the ,,yards "contemplDted by

! 14

I-
'x"

the

General

Assembly

in

its

appropriations

act,"

then

the

..IS
"::> Attorney General would I think come back and say thoughtof or

16

.~..
oz

included

in

the

appropriations

act

by

the

General

Assembly,

17 :

and the money cannot be spent, and I don't think there's any

18
doubt about it --

19
SPEAKER MURPHY: I think there's a great deal of

20
doubt about it the way it is now. There ain't an" doubt in

21
my mind, without a doubt under these block grants under the

22
constitution we've got now the Governor could send it where he

23
wants to, and the General Assembly ain't going to have no

24
say-so. If that's what they want, it's fine with me, but

25
I don't think that's what they want.

GOVERNOR BUSBEE: I'll read you what the present

2 the present consitution has all of that except where you say

3 "contemplated by the General Assembly in its appropriations

4 act," which means that you would have to contemplate Hhatever

5 is going to be handed down by the federal government and

6 authorize it, or it would not be spent.

7

SPEAKER ~1URPHY: It's exactly what they fussed about

8 in Washington up there as creating a bureaucracy on the state

9 level to handle federal grants that are being handled on the

10 federal level now, and this creates a bureaucracy on the state

CzJ

II

i=
'o"

level

that

if we

don't

do

something

in

this

constitution

to

Cl.

1M

12 ~ give the General Assembly the rigbt to appropriate those block

@ ~ r l grants in such a manner as they want to after you make your 14!t; reconunendation.

x4(

15 ~

GOVERNOR BUSBEE: I don't agree.

CJ

'":;)

16 ~ 1azM

Clark, do you want to speak to that? Am I correct

4(

17 :i on what I read as being the existing constitution?

18

MR. STEVENS: Yes, sir. Under the block grants --

19

GOVERNOR BUSBEE: Hait until you get the microphone.

20 I don't know if they can hear you.

21

MR. STEVENS: Under these block grants the federal

22 government will assign these categories, but in the meantime

23 when they come in before October the Governor can assiGn the

24 money, and \l1e already have block grants in Title 20, all the

25 block grants in that area, and it's been working well with the

PAGE 75

General Assembly; you meet in session, you assign the Title 20

2 money wherever you want to, the Governor recommends and you

3 assign, and then it's spent that way.

4

The General Assembly would still assign the block

5 grant money out to the categoreries, and the General Assembly

6 and the Governor would make the recommendation.

7

The words "contemplated by the General Assembly in

8 its appropriations act" in my opinion would mean they would

9 have include it or think of it and put i.t in the appropriations

10 act, and this would tie us up considerably in the process

l:I

11

Z

j:
..oC..I..t

because

we're

out

of

sync with

the

federal

governQent.

~ 12 ~

They appropriate in October, we appropriate in July;

~ri the Governor would have to sit on a lot of money until the

!..14 session if this were put in there in my opinion .

'4"(

:I:

15 o!)

GOVERNOR BUSBEE: Hr. Speaker.

l:I

CIt

:;)

16 ~...

SPEAKER HURPHY: I think what you've said is exactly

Q

Z

4(

17 : what I've said. ~fuen they appropriate their money on October

18 you get the block gra~ts, the Governor is going to go ahead

19 and appropriate, and the General Assembly ain't gonna helve no

20 say-so, and you've said in technical language what I've been

21 trying to say in simple language.

22

MR _ STEVENS: It's true that he could spread tile

23 money just like he spreads Title 20 money nm". \nlen you come

24 back in the session you meke the final spread on it in your

25 appropriations act. I assume you would do the same thing

I'A(;r~ 76
- - - ~--_... _ - - - - _ . with the block grant money, assign it wherever you want to

2 assign it in the session

3

GOVERNOR BUSBEE: Senator Ballard.

4

SENATOR BALLARD: tnll)Ou explain the difference

5 between spread and spend? I don't understand all that

6 languaee. I'm not familiar with it.

7

GOVERNOR BUSBEE: Just to explain how we do it now,

8 you have Title 20 money and we've operated under this since 9 '62 when we had the fiscal laws, I think we've had a good

10 balance in our budget laws, and I'll let Clark explain if you

11

"z

j:
.'oG".o.

would

Senator

Ballard's

question.

12 ~

SENATOR BALLARD: Between spread and spend -- what's

@ l i the difference between spread and spend?

! 14 t-

MR. CLARK: It's very simple. The federal govern-

ot

%

15

01)
"'";;)

ment

in

Title

20

right

now

says

you

can

have

$20

million

to

16

.~..
za

spend

in

the

following

42

categories

for

social

services;

17 :; it's a limit on the amount of money we have, and the General

18 Assembly and the Governor can spread that $20 million to any

19 of those programs they want to, but the balance of the money

20 mus t be put in in s ta te money, okay, so the Goven1Or in

21 October will spread the Title 20 money to various categories,

22 but he will not spend more than ~.vhat is in the appropriations

23 act in total for those categories, so all he does is assign

24 the federal money out in the categories.

25

When the session comes ill, 1;;OSt tin'l's the Gcncr;11

PAGE 77

Assembly may assign that money to different categories and

2 put state money in instead, or pull state money out, so when

3 I say spre;;d the Governor can get no more money than \'!hat he

4 receives for these categories, so there is no opportunity to

5 go out and and expand programs in the interim; the General

6 Assembly has to come back in the session and assign among

7 itself.

8

GOVEro~OR BUSBEE: Senator Ballard.

9

SENATOR BALLARD: Clark, is it true then that he

10 cannot spend any of these block grant funds unless it has

1z.7

11 ~ already been allocated or set forth in the appropriation

.o..

@F~ V

12 ~ bill?

Is that what you I re saying? MR. STEVENS: Let me explain very simply.

If HC

14 ~~ get a block grant for five social services programs, it will


%
15 ~ be a specific sum of money, let's say $20 million for the

'";;) 16 ~ following items and categories.

z

17 :

All right. That will be estimated by the General

18 Assembly in the appropriations act, $20 million. Now. it

19 will be put into the categories the General Assembly wants

20 to put it in.

21

The follmving year \-Ihile we're operating the federal

22 government may come in and say "Okay, you get $22 million,"

23 but there is a back section on the appropriations act that

24 says if you get in more federal money than what's authorized,

25 what OPB does. and the Governor, the put the federal p.loney

PAGE 78

in, take the state money out and hold it for you until the

2 session.

3

We have done this for three straight years. Okay.

4 So it's just an assignment of money on the block grants, it

5 will have nothing to do with the Governor's ability to go out

6 and expand a lot of programs.

7

SPEAKER ~ruRPHY: You're saying what you did, but

8 that isn't what you could do. You could go ahead and spend

9 it if you wanted to, can't you?

10

MR, STEVENS: Not if we follow what's in the

.. II

"z
j: appropriations

act

on

Section

52.

The back section would

.f..

~ 12 ~ require that we hold the money over.

~J~

SPEAKER MURPHY: NmJ answer my question. You could

! 14 t; spend it if you wanted to? This Governor wouldn't, but we .c

%

..IS .:l don't know who the next Governor is going to be, but. he could
";:)

16 .~.. spend it if he wanted to?

Q

.Zc

17 :

HR. STEVENS: The way this is written, the General

18 Assembly would have to -- the money would have to be

19 contemplated in the appropriations act, we would have to sit

20 on the money from October until March and not spend any of

21 the federal money that wasn't contemplated.

22

The hundred-percent grants \ve' re getting, tho

23 highway money we get in that additionally comes in, we \"oulo

24 have to sit on that, Mr. Speaker, until the session and then

25 have the General Assembly include it or conterlplntc it ill

U--

.. _._.

._ ...

..

.

._.... _ . ._

PAGE 79

the appropriations act.

2

SPEAKER MURPHY: What you're saying was if you r,et

3 the block grants -- as the Governor said while ago, 83 grants

4 have been consolidated into 58 -- if you get more money than

5 we contemplate you can spend it wherever you want to under

6 this constitutional provision.

7

MR. STEVENS: No, that's not really true. The back

8 section of the appropriation --

9

SPEAKER MURPHY: \fuat stops you from doing that?

10

MR. STEVENS: The appropriatbns act and the current

CzI

~

i11 o~ budg" et laws prevent us from going and spending the money.

.Q..,

.:~

You remember back during the former
SPEAKER MURPHY,

~~ ~ Governor when he said the appropriations act didn't bind him

! 14 $ on it and you all spent it like you wanted to, didn't you?

x

15 oll

CI

MR". STEVENS: You mean Carter?

III:

;;)

16 .~.. o

SPEAKER MURPHY: Yes, sir. You remember doing that,

Z

<l

17 :

don't you?

18
MR. STEVENS: I don't remember much about him, no,

19
sir.

20
GOVERNOR BUSI3E~: All right. Senator Ballard.

21
SENATOR BALLARD: Now, does this provision in the

22
projected -- the one we have before us now, is that tIle same as

23
under the existing constitution? I keep hearing that it is.

24
GOVERNOR BUSBEE: Hhat we have in the proposal before

25 you is the existing constitution, thcr~'s no change. Il's

----------_._-_.--_. ------
been there since 1962, there's no change.

PAGE 80

2

This would subject it to the General Assembly where

3 they would have to allocate it.

4

SPEAKER MURPHY: But there has been a dras t ic chcmge

5 in the federal law going from categorical grants to block

6 grants.

7

GOVERNOR BUSBEE: This is the same, Mr. Speaker.

8
You've got your Title 20, you've always had this block-type

9
grant. You've got 57 additional, they have five hundred and

10

some-odd categorical gra~ts, approximately five hundred,

" 11

z
j:

o..'".... there's only 87 that's been made, and they have appropriated

@;i it down into nine, so it's much broader on the existing Title 20 for block grants today than any of the groups that

! 14 ...... we have under the block grants that are contemplated or have

0(
:z:

IS .:t

"'";;) been passed by the Congress.

16 .~.. Qz

It's a radical departure from the fiscal laws we've

17 :
had, and I think we've had good budget laws, and I think

18
everybody recognizes it. This would completely frustrate it

19
in my mind.

20
SPEAKER MURP!-iY: I n,;lV lIot ?ct n second to my

21
amendment, I don't know. I move we adopt my amendment whether

22
I get a second or not.

23
GOVERNOR BUSBEE: All right. The Speaker moves thnt

24
you add the words "and contemplated by the General Assembly

in it's appropriations act."

-------------.--.--.---.-------.-P-AG-E---3-1---l Any further discussion?

2

A VOICE: I move the question.

3

GOVBRNOR BUSBEE: Any further questions?

I

4

All those in favor rise and stand until you're

5 counted.

6

(A show of hands.)

7

GOVERNOR BUSBEE: Reverse your position.

8

(A show of hands.)

9

GOVERNOR BUSBEE: On the motion in the House the

10 ayes are 17, the nays are two; in the Senate the nays are --

)I

"z
~

I

mean

the

ayes

are

two,

the nays

are 14.

The amendment is

.oA....:.

12 ~ lost.

@)r l

SPEAKER MURPHY: It will be added on the floor of

! 14 .I.-. the House, I can promise you tbat. :r

15 .:J

GOVERNOR BUSBEE: All right. Any other

"A:
::l

16 .~..

A VOICE: Does that create a conference committee?

Q

Z 17 ~

GOVERNOR BUSBEE: No, sir. We have already adopted

18 it. It I S tantamount to a motion to reconsider. You have

19 already adopted it.

20

Any other provisions in Article III?

21

(Pause.)

22

GOVERNOR BUSBEE: All right Article IV.

HR. HILL: In Art ic Ie IV there is one confe renee

I thillk Claud2 Br<1Y

---------------------------

PAGE 82

GOVEHNOR BUSBEE: On page 4 of the short package.

2

REPRESENTATIVE BRAY: He haven't been able to get

3 together with Senator Barnes yet.

4

MR. HILL: So this was not in fact approved?

5

REPRESENTATIVE BRAY: It's been drafted, it hasn't

6 been finalized yet.

7

GOVERNOR BUSBEE: We can't put off. When do you

8 contemplate meeting? This is the last day.

9

REPRESENTATIVE BRAY: Some time during the day

10 whenever Senator Barnes arrives. He's chairman in the Senate.

.." 11

z
j:

GOVERNOR BUSBEE: He's not going to be here today,

2...

g gl~J.;, so we're going to have to get somebody else. REPRESENTATIVE BRAY: He'll get together during the

.. 14 >- lunch period .

'~"
:I:

." 15 01) ;;)

GOVERNOR BUSBEE: With whom?

16 .~..

REPRESENTATIVE BRAY: With whoever the other two from

Q

Z
~
17 : the Senate are. I believe Frank Eldrid3e is on that, I don't

18 see him here.

19

A VOICE: Culver Kidd.

20

REPRESENTATIVE BRAY: We'll get together with

21 Senator Kidd. He's the only one I see is here.

22

LT. GOVERNOR MILLER: I think we need to give him a

23
little help.
24
GOVERNOR BUSBEE: All righ t. The Senators on the

25 conference commi ttee were Kiehl, B(~rnes and Eldridge, Clnd

J

PAGE 83

Barnes and Eldridge are not here.

2

Hr. Lieutenant Governor.

3

LTo GOVERNOR MILLER: I'm going to put Holloway

4

SENATOR HOLLOWAY: Governor, I'm on two others.

5

A VOICE: Eldridge is up there.

6

LT. GOVERNOR MILLER: All right, I'll send somebody

7 after him.

8

I'm going to replace -- I'~ replacing Barnes with

9 Starr.

10

GOVERNOR BUSBEE: All right.

zCJ
... 11 ioa=: Go
@;j

SPEAKER MURPHY: Governor. GOVERNOR BUSBEE: Nr. Speaker. SPEAKER MURPHY: On Article V, Mr. Chairman, eAch

! 14 to- con~ission has a Subparagraph (c). The only difference jn '" :r
15 olI the Subparagraph (c) is on the Pardons and Paroles Board. aC:J ;;)
16 ~... It says the qualifications, compensation, filling of vacancies Q Z
17 : and manner and time of election and powers and duties of

18 members of the commission shall be as provided by law.

19

On the Pardons and Paroles Board it savs everything

20 except the powers and duties.

21

That's six paragLlphs that says the same thin,: in

22 that article of the constitution with that one change. Phat

n I would suggest is we strike those six sections and provjde

M those six paragraphs which is Section I, Paragraph I(c),

25 the same paragraph in every section, and add a section VII
---~-----------_.

-------_..

PACE 134

to be qualifications and compensation and removal and put one

2 paragraph that says qualifications, compensation, election

3 of constitutional boards -- the qualifications., compensation,

4 filling of vacancies, manner and time of election of all

5 consUtutional boards 8:1.:111 be as provided by law which is

6 the salle.

7

GOVERNOR BUSBEE: Hr. Speaker, let me say I think

8 they kind of look perplexed, they've not located where you're

9 speaking from.

10

Are you on Article V now?

11 ;zc:.l:I
.'.o"....

SPEAKER MURPHY: Article VI.

~ 12 ~

GOVERNOR BUSBEE: He' re on Article IV.

~r~ ! 14

SPEAKER HURPHY: Article IV, I'm sorry. A VOICE: vn1at page?

l;;

<l(
:z:
15 olI

GOVERNOR BUSBEZ: All right, we'll stop. You were

c.lI
'";:)

16 .~.. going to suggest a change -- Look at the long package and

Q

Z
<l(
17 = let's let everybody locate where you're speaking to.

18

MR. HARRIS: Page 30.

19

SPEAKER MURPHY: Page 30. Each section has a

20 Paragraph I(c) which provides the s~me thinr except in the

21 Pardons and Paroles Bo~rd which does not provide their duties

22 because their duties is fixed in the constitution.

23

All I'm suggesting is that we strike all of those

24

25

PAGE 85

six paragraphs, and it would have the same thing -- it would

2 be Section VII, qualifications, compensation and removal of

3 boards. Paragraph I, qualifications, con~ensation, election

4 and removal of constitutional boards. The qualifications,

5 compensation, filling of vacancies, manner and time of election

6 of all constitutional boards shall be as provioed by law,

7 which is what's said in six different places.

8

Paragraph II would be duties of constitutional

9 boar.ds. The duties of all constitutional boards except the

10 State Board of Pardons and Paroles shall be as provid0d bv

"z
11 j: law. '..o"....

~ 12 ~

It puts the same thing in two paragraphs as it does

(@)F~ in six and says exactly the same thing except it would be t\VO

! 14 paragraphs. l-

Oll
:z:

15 ~

HR. HILL: Most of the board members are appointed,

"'"::I
16 .~.. not elected, and so that was one reason we were forced to put az
17 ::i them in each section. It could certainly be rearranged that

18 way.

19

SPEAKER MURPHY: The time of election or appointment.

20

GOVERNOR BUSBEE: You're just saying you have to

21 pick them up in the difference in election or appointment?

22

MR. HILL: Yes.

23

GOVERNOR BUSBEE: Is t 11ere any objection to the staff

24 being directed to do what the Speaker suggested that was

25 seconded by Senator Holloway?

_ -_..

.... _.._ - _ . _ - - -

PAGE 86

Is there objection? Do you follow that now?

2

1ffi HARRIS: Yes, sir.

3

GOVERNOR BUSBEE: Pe're contemplating not having

4 another meeting next week, we're not schedule one, so this

5 would really be left to the stnff and you can address it in

6 the General Assembly, but there will not be an opportunity

7 for you to further ratifiy it. Is there objection?

8

SPEAKER NURPHY: There's absolutely no change in the

9 provision, it just compresses six paragraphs into two.

10

GOVERNOR BUSBEE: All right. Senator Greene.

I!I

11

Z j:

.o.'.."..

SENATOR GREENE: Hr. Chairman, I take it also you

g~r:1~4!.. might eleminate Subparagraph (b) on page 3L~ which is Natural Resources, have the staff look at it. I think that's the only board we've got it set out in a separate little I-



:r

15 ~. subparagraph.

I!I

:':"

16 ~...

GOVERNOR BUSBEE: That's on page 34?

Q

Z

17 :

SPEAKER MURPHY: He's right, Subparagraph (b).

18

GOVERNOR BUSBEE: Is there any objection Lo including

19 that as part of the Main motion and just adding it?

20

All right, the staff will be so directed. Do you

21 follow that, Mel?

22

MR. HILL: Yes.

23

GOVERNOR BUSBEE: Do you have anything else on

24 Article IV?

I
i

25

Okny. Is there Dry other sug~estion on Articlo TV?]

PAGE 87

Representative Burruss.

2

REPRESENTATIVE BURRUSS: Nr. Chairman, I move '\ve

3 reconsider our action on adopting Section IV, Paragraph T,

4 page 32, State Transportation Board.

5

GOVER~NOR BUSBEE: In making these motions, if you'll

6 say the page first then we'll follow -- it will be easier.

7 All right. Page--

8

REPRESENTATIVE BURRUSS: Page 32, beginning with the

9 line 14.

10

GOVERNOR BUSBEE: All right.

"z
11 j:

REPRESENTATIVE BURRUSS: I move we reconsider our

'o"

"-

II'

@;I action in adopting that paragraph. GOVERNOR BUSBEE: All right.

If you'll turn to page

! 14 32, line 14, State Transportation Board, the motion by

I-

':~z":

15 .: Representative Burruss is that we reconsider our action in

"'":::I

16

~
II'

the

adoption

of

that

ParagrAph

I.

Q

Z

<l

17 :

SENATOR BALLARD: Mr. Chainnan, is it not trll(~ we

18 have already reconsidered that one time?

19

GOVERNOR BUSBEE: 1-Je have no limits on reconsidera-

20 tions is what we started with, but anyway there's a motion.

21 Is there a second to that motion?

22

A VOICE: For what purpose, nr. Chairman?

23

GOVE~~OR BUSBEE: Would you state for what purpose?

24 They want to know for what purpose.

25

REPRESENTATIVE BURRUSS: The terms.

PAGE 88

change GOVERNOR BUSBEE: He would like to

the-:~rm-I

2 of the board members back to four years.

3

Let me ask, is there a second to Representative

4 Burruss' motion that we reconsider our action on Paragraph I,

5 line 14, page 32?

6

Is there a second?

7

A VOICE: I second it.

8

GOVERNOR BUSBEE: There is a second. Discussion.

9 Representative Burruss.

10

REPRESENTATIVE BURRUSS: Mr. Chairman, I apolot~ize

..1:1
Z
11 j: for not being here when action was taken on this at the last
..o....
@);i meeting; I had a person in the hospital that I had to take home, and when I got here I found that this had been

! 14 I- reconsidered and cut to -- or raised to five ye~rs.

':~"r

..15 ~
";:)

If you will recall, with the exception of the BOilrd

16 ~... of Pardons and Paroles this group has adopted four-year tr'rms

Q

Z

~

17 :: for just about everyone else even including the Regents and

18 the Board of Education, and we are just not being consistent

19 in letting this one board remain at five years due to

20 political pressure or whatever force caused this chanr,e.

21

It's been pointed out to me you have some problem

22 with the election if you leave it at four years, but if you'll

23 take the present membership and chart out the end of tbeir

24 terms it's no problem, we can elect them.

25

GOVERNOR BUSBEE: All rj~',ht. I'll go to SenrtLor

PAGE 89

Reynolds, and then Representative Triplett.

2

SENATOR REYNOLDS: Governor, as I recall, it was

3 stated a minute ago we reconsidered this last week and as I

4 remember it was a unanimous vote, and one of the main reasons

5 was to m2ke it work out even, five years, two per year just

6 as you currently do today, and we reconsidered it last week

7 and you said as I recall I think it was a solid vote with

8 no objection.

9

GOVERNOR BUSBEE: Representative Triplett.

10

REPRESENTATIVE TRIPLETT: Governor, I just want to

say I object for the same reasons as Senator Reynoldf':. He

have ten congressional districts, we elect two members each

year. If we go to four years then we mess that all up and

we'll have to redo the whole thing.

GOVERNOR BUSBEE: I oUf,ht not to inject myself, but

on those where you have 12 do you have any objection to ~oing

to six years where you do that like Regents and Board of

18 Education and things like that?

19

SENATOR HOLLOWAY: Hr. Chairman.

20

GOVERNOR BUSBEE: All right. Senator Holloway.

21

SENATOR HOLLOHAY: I think this is entirely different

22 on the point you made because the quality of the appointees

23 of th is board are such that i ve years is a good safe term.

24

GOVeRNOR BUSBEE: I think I know what the difference

25 is on thes e boards.

PAGE 90

SENATOR HOLLOHAY: The appointors I mean.

2

GOVERNOR BUSBEE: Representative Rainey.

3

REPRESENTATIVE RAINEY: Mr. Chairman, this is the

4 only board that the legislature has any input into, and it

5 looks to me like if we're willing to elect them for four

6 years and we elect them and trus t them for four years, ,,,e

7 ought to be able to trust them for one more year.

8

GOVERNOR BUSBEE: Does anybody else want to be heard

9 on that?

10
"z
II i=
.'o."....
@;j motion.

Representative Burruss. REPRESENTATIVE BURRUSS: Mr. Chairman, I withdraw my
GOVERNOR BUSBEE: All right. Is there objection.

14 ~I Mr. Collins, to withdrawing the motion he f11l1de, the Hl'l'(1ndcr:'

'z<"C

15 .:.

Hearing none, the motion is withdrawn.

":':"

16 .~..

All right. Any other motions on this article?

Qz

17 :

If not, we will go to

18

SPEAKER MURPHY: Mr. Governor.

19

GOVERNOR BUSBEE: Hr. Speaker.

20

SPEAKER HURPHY; I would like to bring up something

21

GOVERNOR BUSBEE: Is this on Article IV now'?

22

SPEAKER MURPHY: This is on Articl~ V. I thouvht

23 we were through with Article IV.

i

24

GOVE RNOR BUS BEE: All right, on Article V. Nothing

25 else on Article IV?

j

I
t

All right.

PAGE 91 ------- - _._._---Mr. Speaker, Article V.

2

SPEAKER MURPHY: On Paragraph I

3

GOVERNOR BUSBEE: \fuat page are you on?

4

SPEAKER MURPHY: On page 60.

5

GOVERNOR BUSBEE: All right. Just a minute. Every-

6 body turn to page 60.

7

HR. HILL: 35. _

8

GOVERNOR BUSBEE: Page 35, Mr. Speaker?

9

A VOICE: That was close, Mr. Speaker. You missed

10 it by 30.

"z
II oot..-:. 1M
~ 12 ~ Monday.
~F~

SPEAKER MURPHY: I'm just taking the one he sent me It would be 35 he says.
I would like to suggest we put an alternative and

14 ~I submit the question separa.tely on the two-term Ct)vernn!" \:!1Cl"l'
'-"c
:I:
15 .:l the people would have a right to make the decision. I just
"0:
;;;)
16 ~ hate for our constitution to get in troub Ie because \le' re
1ozM
17 : changing something they did six years ago. and put in <]

18 separate item and let the people decide themselves whether

19 they want to leave the Governor a two-term man or a one-term

20 man.

21

I think that's the least we can do for the people

22 after they voted not Dore than six years ago to give the

23 Governor two terms. I would just like to put it and vote it

24 out separate and let them take it on whether they want him

25 to serve one term or two terms.

_ _ -----_.----_._.

._---._---- - -

PAGE
--~--------------

92

REPRESENTATIVE SNOW: I second it.

2

GOVERNOR BUSBEE: All rieht. You have made that

3 motion?

4

SPEAKER MURPHY: Yes, sir, I've made that motion.

5

GOVERNOR BUSBEE: The motion the Speaker had would

6 be that you would put the provision that's in that paragraph

7 there about the election of the Governor ~l1hich would be for 8 one term, and then you would have as an alternative to that 9 the provision that there shall be a Governor who shall hold 10 office for a term of four years and until n successor shall

be chosen and qualified. Persons holding the office of

Governor may succeed themselves for one four-year term of

office. Persons who have held the office of Governor and

have succeeded themselves as hereinbefore provided shall not

again be eligible to be elected to that office until after

the expiration of four years from the conclusion of that term

as Governor. Compensation and allowances of the Governor

18 shall be as provided by law.

19

That was what you had in the article committee.

20

SPEAKER MURPHY: All I'm saying, Governor, is that

21 I would like to move that we put the question of the term of

22 the Governor and let the people vote on it separately as to

23 whether or not they voted for George Busbee or whether they

24 was voting for a two-term governor, and let it be one question

25 as to what the law is now or ~'7hether we want to change the
- - - - - - - - _ ..__ __ .. _ -. _.

PAGE 93
- - - - - - - - - - ------ ----,
constitution as it is in this proposed constitution or whatever

2 that is.

3

GOVERNOR BUSBEE: Mr. Tidwell wanted to sav something.

4

(Pause. )

S

GOVERNOR BUSBEE: We're just trying to technicGlly

6 get something the way this could work because if you didn't

7 tr.'1ke any provision in this constitution lind you had a separate

8 article on it and the people failed to ~dopt it, you wouldn't

9 even have a governor, so we're just working on the

10 technicalities.

A VOICE: That's a good idea.

(Pause. )

SPEAKER MURPHY: I withdraw my motion, Hr. Governor.

They tell me it would have to be done on a separate item.

I thought they had told me that they could submit that question

to the people. I guess I wasn't listening to them.

GOVERNOR BUSBEE: All right, it's withdrawn

18

Anything else on Article V?

19

All right. Now what we're going to is Article VI,

20 and if you'll look --

21

HR. HARRIS: Hr. Chairman.

22

GOVERNOR BUSBEE: Just a minute. There was something

23 on Article V.

24

~1R. HARRIS: Mr. Johnson Lad served notice earlier

2S that he wanted to move on that particular thing.

LL.-

_

PAGE 9lJ.
------------
GOVERNOR BUSBEE: All ri~lt. Sorry.

2

REPRESENTATIVE JOHNSON: Mr. Chnirraan. I move that

3 we reconsider our action in prohibiting the Governor from

4 succeeding himself.

5

REPRESENTATIVE SNOW: Second the motion.

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: The motion has been made you re-

8 consider your action. All right. Is there any discussion?

9

All those in favor of reconsidering your action rise

IO and stand until you're counted.

"z
11 j: lit 2...
@.2i

(A show of hands.) GOVERNOR BUSBEE: Reverse your position. (A show of hands )

! 14 t;;

GOVERNOR BUSBEE: In the House the ayes are 13. the

0(

:I:

15 .:J nays are six; in the Senate the ayes are zero, the nays are

"lit
::;)

16 .~.. 20, and it's lost .

Q

Z

0(

17 :

All right. Is there anything else on Article V?

18

Would you like to take a break for lunch and pi ck

19 Article VI?

20

Let me talk to you just a minute. First Representa-

21 tive Coleman.

22

REPRESENTATIVE COLE~~N: Before we go to lunch I

23 want to bring up something I think was misunderstood this

24 morning on this compensation for the legislature.

j

I

25

Hhat we agreed on this morning was self-executinf';, .-J

PAGE 95

and what we decided on beforehand was -- at the previous

2 meeting was language which said cost of living raises may be

3 granted not to exceed which would leave it up to the

4 legisla.ture.

5

I don't believe we need -- I don't believe we under-

6 stood that thing right. The self-executing clause means it

7 would be automatic as I understand it.

8

MR. HILL: That's correct.

9

REPRESENTATIVE COLEt~N: If it would be in order, I

10 would like to ask unanimous consent that we reconsider our

11

"z
i=
'.2"..

action

and

that

staff

be

allowed

to

redraw

that

thing

leaving

~ 12 ~ out the self-executing clause.

C@)r~

GOVERNOR BUSBEE: That would be Alernative 1 as

! 14 !;; contained on the sheet which is pap.;e 3 of the short h,1ndnut.

::I:

15 ~ There was some question in my mind as to what you had adopted

"'";;)
16 .~.. in the first meeting, and Representative Coleman is the one

Q

Z

17 : that made the motion.

18

REPRESENTATIVE COLENAN: I would like for them to

19 look in the minutes and see what the original motion ,vas.

20

GOVERNOR BUSBEE: The point I stated was Alt('rnative

21 2 vlhich was self-executing. This ,vould have a provis ion

22 where you give the constitutional officers the cost of living

23 increase, and tFlis would make you the same as the constitutionn

24 officers where you could p;ive yourself the cost of living

2S but nothing else.

--------------

PAGE 96

The way you adopted it while ago under Alternntive 2

2 it would be self-executing.

3

Representative Coleman was the person that made the

4 move on what we actua lly did, and he says it should have been

5 iUternative 1 and not Alternative 2 as I stated. Is that

6 correct? Representative Coleman, is that correct?

7

REPRESENTATIVE COLE~1AN: (Nodded. )

8

GOVERNOR BUSBEE: All right. Now is there any

9 objection to reconsidering? The author says that's actually

10 what we adopted and that would not be self-executing. Is

@;;11

";z:
o'"

that

your motion?

A-

IM

REPRESENTATIVE COLEl1AN:

Yes, sir

GOVERNOR BUSBEE: Is tbere objection to reconsideringf

I

! 14 I- Bearing none, it's reconsidered.

'~"

:I:

15 ~

Now then you would move that we adopt Alternative I

"'";)

16 ~... which is what you actually adopted which is not self-

Q

Z

~

17 ~ executing.

18

REPRESENTATIVE COLm1AN: Yes, sir.

19

GOVERNOR BUSBEE: That's the move. Is there ~

20 second?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: There is a second. All right.

23

SENATOR BELL: Parlia~entary inquiry. l~is is onlY

M a vote on reconsideration, we would have to vote later on --?

25

GOVERNOR BUSBEE: They've reconsidered. The vote

PAGE 97

is, and I think you can -- this is not on what was already

2 adopted -- this would mean that rather than doing what you

3 said that you would do and make it self-executing on the

4 cost of living, that it would not be self-executing, you would

5 have to specifically vote for it.

6

SENATOR HOLLOWAY: We have to vote to reconsider

7 first, don't we?

8

GOVERNOR BUSBEE: I asked if there was any objection

9 to reconsideration, but that's all right. If you didn't hear

10 me we'll go through it again.

SENATOR HOLLO\vAY: Parliamentary inquiry.

GOVERNOR BUSBEE: State your point.

SENATOR HOLLOWAY: As I read Alternative I the

General Assembly could never raise its base salary without

a constitutional amendment; Alternative 2 permits the General

Assembly to raise its base salary that does not go into effect

for two years.

18

In Alternative I we're locked into a constitutional

19 amendment to ever increase the base salary.

20

MR. HILL: The increase in the salary during the

21 term in which the change is made is limited, but that's not

22 you know, if you change it for the next term there's no

23 limitation.

24

GOVERNOR BUSBEE: Do you unders t:md what you're doing

25 is not self-executing under what Representative Coleman is

PAGE 98

proposing and that's what was initially adopted, the substance

2 of his motion.

3

SENATOR BELL: Question.

4

GOVERNOR BUSBEE: State your question.

5

SENATOR BELL: I don't understand why I is not self-

6 executing. It looks like to me it is self-executing.

7

HR o HARRIS: It's self-executing only if you vote to

8 do it, then it is self-executing to the extent during the

9 term of the cost of living increase.

10

Any additional increase over and beyond the cost of

\!I

11

Z j:

living would not

be

effective

un ti 1 the next

te LrL

.Io..I..:.

@;I

SENATOR BELL: One further question. GOVERNOR BUSBEE: State your point.

! 14 I..'"

SENATOR BELL: All right. Say we hc1.ve -- sav \vC

15

:z:
oll

adopt

Alternative

I

and we

have

that

in

the

constitution

and

\!I

II:

16

:::I
~...

we

pass

a

ten

percent

pay

raise

cost

of

living

for

everybody

..Q
Z
17 :: in the state government. The language then would say "and

18 for the General Assembly."

19

MR. HARRIS: You're going to have to passa special

20 bill increasing your salary by that ten percent if that's the

21 cost of living increase.

22

SENATOR BELL: But if you didn't want that in there

23 ::md what you really wanted to do \..Jas say that the General
I

24 Assembly would get the ten perc8nt, Imt beginning wi th the

I

25 next term you couldn't then vote for Al ternative 1.

j

""'----- --- -_._--.- -------_._-_._---------

PAGE 99

MR. HARRIS: Under Alternative 1 you would have

2 three choices. Your first choice would be to do nothing;

3 your second choice would be to pass positively a bill Eranting

4 to members of the Genpral Assembly the cost of living increase

5 granted to other state employees; choice 3 would be to pass

6 a bill increasing the salaries of the members of the General

7 Assembly by X dollars which would be more than the cost of

8 living increase granted to state employees. At that point

9 this provision would limit you receiving in the term in which

10 it was passed more than the cost of living increase. The

11

"z

j:
'o..."....

excess

above

that would have

to be

postponed

in enjoyment

@;I by whoever was elected until the next term of the General Assembly.

14 !...

A VOICE: Call the question .

'~"

::I:

15 .:l

GOVERNOR BUSBEE: All right. Now, I couldn't hear

"~ '"

16 .~.. your question, but what you have already adopted is Paragraph

oz

~

17 : VI under Alternative 2 which is self-executing.

18

If you want to make it where it's not self-executing,

19 you would want to vote and reconsider it.

20

SENATOR BELL: That was the point I would make; if

21 you don't want it self-executing, you should go for Alternative

22 Number 1.

23

GOVERNOR BUSBEE: You should vote to reconsider

M

All those in favor of reconsideration rise and stand

25 until you're counted.

PAGE 100

(A show of hands.)

2

GOVERNOR BUSBEE: All right. All opposed.

3

(A show of hands.)

4

GOVERNOR BUSBEE: All right. On the motion to

5 reconsider, in the House the ayes are nine, the nays are 11;

6 in the Senate the ayes are 11 the nays are seven, and it's

7 lost. The motion is not reconsidered.

8

All right. We're going

Hold just a minute.

9

Let me ask you -- I was just asked about lunch.

10 We're going to have to go until we get throur,h today, and I

"z

11

t:
Ill:

just want

to

adopt

a

time

that

all

of us

agree

includin~ me

.2..

e);~1 that we'll be back here, and I just want to hear the expression from you.

! 14 ~

We have to finish today or either you have to come

'<"

%

15 .:I back next week.

"Ill:
;:)

16 ~...

A VOICE: One o'clock .

Q

Z

<

17 :

REPRESENTATIVE LEE: One-fifteen.

18

SPEAKER MURPHY: One-fifteen.

19

GOVERNOR BUSBEE: All right. Now, if it's cne-

20 fifteen, I've got a roll call of everybody that's sitting

21 here right now, we're all going to be back at one-fifteen.

22

We stand in recess until 1:15.

23

(Whereupon, at 12:05 p.m. a luncheon recess ~vas

24 had until 1:15 p.m.)

25

+ ++

PAGE 101

AFTERNOON SESSION

2

GOVERNOR BUSBEE: All right. If you will take your

3 seats, we are going to go to Article VI.

4

(Pause.)

5

GOVEffi~OR BUSBEE: All right. If I could have your

6 attention, we will go back to Article IV,

7

As you recall, before lunch we had a conference

8 committee that was going to meet at lunch, and I understand

9 Representative Bray has the conference cOloolittee report.

10 Is that correct?

11 ";
.'oQ"...

REPRESENTATIVE BRAY: Yes, sir, Mr. Chairman.

~ 12 ~

GOVERNOR BUSBEE: If you will, give the report.

~r~

REPRESENTATIVE BRAY: The cormaittee has met. I have

! 14 ... not yet;: had time to get them to sign the report, but hllwt we

':z":

15 o!l recommend doing is on page 31 following line 8 of Subsection

"'";;)

16 .~.. (b) of Paragraph I of Section II add the following:

D

Z

17 :::

"Hhen a sentence of death is cormnuted, the Board

18

shall not have the authority to grant a pardon to the

19

convicted person until such person has served at

20

least fifteen years in the penitentiary, and such

21

person shall not become eligible for parole at any

22

time prior to serving such fifteen years."

23

GOVERNOR BUSBEE: All rif.';ht. You heard the

24 conference committee report. You so L~ove? Do you move the

25 adoption?

REPRESENTATIVE BRAY: I move the adoption, Hr.

2 Chairman.

3

GOVERNOR BUSBEE: Is there a second?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: All right. Senator Gillis.

6

SENATOR GILLIS: Does thnt mean that a prisoner

7 convicted then and gets fifteen can be eligible for parole in

8 a third of the time?

9

GOVERNOR BUSBEE: No, sir. I believe what you have

10 stated is that fifteen years would be written in the

11

"z
aj::

constitution,

that would be

the minimt~ time

that

they could

2

III

@;I serve in the event they commute the sentence. Is that right? REPRESENTATIVE BRAY: That's correct, Mr. Chairm3n.

! 14 lo:z-n: You might say the present law that we have in the constitution

15 o:l is totally meaningless because it has ~ loophole in there

"a:
::>

16

~
III

that

a

two-year-old

could

drive

a

fifteen-ton

truck

through,

Q

Z

17 : it means absolutely nothing.

18

This does leave out the life sentence because the

19 Parole Board could commute it to 99 years and then parole him

20 any time. This will fix it at the minimum time of fifteen

21 years served in the penitentiary in any instance in which

22 death is commuted to life without any eligibility for parole

23

I called the Parole Boaid, and they said that they

24 could live with it. If we had had Twinkle Starr on here to

~ get everybody together p little earlier we could have Rotten

PAGE 103

through this.

2

GOVERNOR BUSBEE: I'll ask Senator Gillis' question.

3 There's no way he could serve a fraction of it, it has to be

4 the full fifteen years; is that correct?

5

REPRESENTATIVE BRAY: That's correct.

6

GOVERNOR BUSBEE: That's correct. All right.

7 Senator Bell.

8

SENATOR BELL: I'd just like to ask Claude, it used

9 to be 25 years, but with the loophole you're talking about.

10 Did you all -- what was the discussion on 25 years getting

@;;11

"z
j:
..o<...t.

down

to

15?

Because at one time I think \ve thought when vIe

were saying if it were commuted it had to be 25 years. Could

you tell us what happened to that?

! 14 ...

REPRESENTATIVE BRAY: The gentier-wn is correct .

':z":

15 .:l We did think we had it at 25 years, but by example though

"<t
;;)

16 17

.oz~..
::;

we've seen that's the cons ti tution.

not the way it was written This is a compromise, and

and adopted in 1 think ;, ~;o()d

one

18 because 15 years is still a long period of time, and the Board

19 said they could live with this, and most people that commi.ts

20 heinous crimes are already of age, and 25 years prob..-:.bl;f 21 would be the equivalent of staying in the peni tc'ntiar'J unLil 22 they're almost vegetated and it would be rnpaningless fer them

23 to be paroled in any event.

24

1 personally think that \-7(' should not tie the P;;nlle

2<; Hoard I shands beciluse of the fact: if we' rl' :',(l in;" t-o

PAGE 104

Parole Board and trust them to parole people anyway there's

2 no way we can control what they do, but since there's such an

3 oven~helming political desire for this and since the public

4 ~V0uld never underst01ld these rare instances that do occur 5 that someone needs to handle, we felt that the IS-year

6 compromise might be effective, and that's what the con~ittee 7 report recomnends to this group.

8

SENATOR GILLIS: One more question.

9

GOVER.'10R BUSBEE: Senator Gillis.

10

SENATOR GILLIS: That says a minimum. Now, they

II

"z
j:

could

give

them 25

to

30

if

they wanted

to;

is

that

not

c.oG.ro.:

@;i correct? GOVERNOR BUSBEE: They can give them more, but they

! 14 ... can't let him out in less than 15 years. That's where you're

'"

IS

%
.:.

tying

their hands,

then

cannot

get out

in less

than

15

years

"cr:
:;)

16 .~.. in the event the commute the sentence .

Q

Z 17 :

All right.

18

REPRESENTATIVE BRAY: Mr. Chairman, I think we might

19 ought to say this.

20

In practically all instances in which death sentences

21 are involved, I think it's highly unlikely the Parole Board

22 is ever goinS to parole a person like that short of life

23 imprisonment anyway unless some facts might come up that

M cannot be provable but everybody believes that there's been

25 some error of justice.

PAGE 105

I think this group probably knows the average time

2 for anyone now serving a life sentence is fourteen and a half

3 years. Bobby Howard is chairman of this Board, and I think we

4 h2v(~ an excellent Board of Pardons and Paroles at the present

5 time. Of course, we're talking about the constitution.

6

SENATOR BELL: One other question.

7

GOVERNOR BUSBEE: Senator Bell.

8

SENATOR BELL: Claude, since I haven't seen the

9 language yet I suspect you've covered it, but of course the

10 Pardons and Paroles Board is not always letting these people

11

"z

j:
'..o"....

out,

they're

getting out on good

time.

Have you covered it

@;i so there's no way they can get out in less than 15 years? Is that what the language says?

! 14 I':~z":
15 .:l
"'":;)
16 .~.. zQ

REPRESENTATIVE BRAY: (Nodded.) A VOICE: Call the question. MR. HARRIS: Could I ask for the record if the

17 : committee report was agreed to by all members of the committee?

18

REPRESENTATIVE BRAY: It's been agreed to verbally.

19 I haven't had a chance to get them to sign it. I tltink 1 will

20 get them to sign it, but verbally- they have agreed to it.

21

GOVERNOR BUSBEE: All right. Is there objection to

22 ordering the previous question?

23

Hearing none, is there objection to the adoption of

24 the amendment?

25

Hearing none, it's adopted.

PAGE 106

All right. Now vile go to Article VI. hThat page is

2 that on?

3

A VOICE: 43.

4

GOVERNOR BUSBEE: Okay. Bel, go to Article VI nCHv.

5 On your short package you will notice Number 5 on the short

6 pase.

7

MR. HILL: This Article VI, Section I, Paragraph IV

8 on page 43 is in conference committee, and I am not sure what

9 their decision was.

10

A VOICE: vlhat now?

.."z
11 i=
.o..

HR. HILL: Exercise of equity power, Paragraph IV,

~ 12 ~~ Article VI, was in conference committee. That's the exercise

~- i of equity power.

! 14 to ':"r:
..15 01)
"~ 16 .~..
Q
Z 17 g

Do you have a report? REPRESENTATIVE PINKSTON: Hr. Chairman. GOVERNOR BUSBEE: Representative Pinkston. REPRESENTATIVE PINKSTON: Speaker Murphy had some

18 question about that, and if I'm correct we adopted Paragraph IV

19 as specified in the Murphy amendment. Isn't that --

20

MR. HILL: It was in conference cOTI@ittee. It wasn't

21 approved.

22

REPRESENTATIVE PINKSTON: There ~vas an attempt to

23 adopt that.

24

GOVERNOR BUSBEE: All right. Does that conference

25 committee have a report?

j

REPRESENTATIVE BUCK:

PAGE 107 ------- --.---------
The I!ouse side has agreed,

2 Governor, to present or submit or recommend the Murphy version.

3 The Senate side hasn't met.

4

GOVERNOR BUSBEE: Senator Deal?

5

SENATOR DEAL: We've not met. We have not met on the

6 Senate side.

7

GOVERNOR BUSBEE: I don't know where we go. This is

8 the las t day. When are you all plannin~; to meet?

9

SENATOR DEAL: My chairman is not here. Governor.

10 I don't know. I haven't talked to the other member.

z"

11 i=
"o...."..

GOVERNOR BUSBEE: I would like to --

~ri ~\

12 ~

REPRESENTATIVE PINKSTON:

that over for the time being?

Mr. Chairman, may we pass

! 14 otn-

GOVERNOR BUSBEE: The thing about it I h'l' Ire !,,\1i 11,', 1\1

0x(

15 .:l have to come back tonight to consider it if we don't get them

""";;;)

16 .~.. started .

az

0(

17 :

REPRESENTATIVE PINKSTON: I menn until later on this

18 afternoon.

19

GOVERNOR BUSBEE: I know, but we need to get them

W working, don't we?

21

REPRESENTATIVE PINKSTON: I know, but we'll try to

22 work is what I'm saying.

23

GOVERNOR BUSBEE: "fuat we tvould do -- Daughcrtv.

24 Pinkston and Buck are here; Senator Deal is here. Senators

25 Littlefield and Barnes are not here, and so the Lieutcnnnt
"-------- ---------- ------------

PAGE lOG

Governor is Boing to give you two more to work with. Do you

2 want to get two more to replace those?

3

LT. GOVERNOR MILLER: Greene and the great

4 compromiser from the 44th, Starr.

5

GOVERNOR BUSBEE: If you all could meet during the

6 afternoon, we're going to have to take action on this.

7 The conferees would be Starr, Greene and Deal.

8

All right. tl!e' re going to proceed right on down.

9 I think the Lieutenant Governor is correct, I'm going to go

10 down these conference committees and see if you have reports,

II

"z
j:

and

we'll

come back

and

perfect

othp.r parts

of

the

articles.

.'2"..

@;~

Next is on -- Hhat about on Number 6? HR. HARRIS: He have never acted on the ones under

! 14 the paragraph denominated 6. That's where we broke off l<1st

t;
z
IS ~ Friday.

":':">

16 ~...

GOVERNOR BUSBEE: All right. We will skip that .

Q

17

Z
:;

and

let's

go

on

down

to

the

next

conference

committee,

I

18 think it would be under Number 8, Article VII, Section IT,

19 Paragraph II, exemptions from taxation of property was in

20 conference, and I believe the conference committee would be

21 on page 5 of the short sheet; is that correct?

22

REPRESENTATIVE BUCK: Mr. Chairman.

23

GOVERNOR BUSBEE: Mr. Buck.

24

REPRESENTATIVE BUCK: Question. Are you going to

25 come back --

PAGE 109

2

GOVERNOR BUSBEE: I'm coming back, yes. takine the conference committee reports.

l I'm just

3

REPRESENTATIVE BUCK: -- to transition and general

4 provisions?

5

GOVERNOR BUSBEE: Yes. I'm just checking to see if

6 we have the conference committees to get tl--e reports on.

7

MR. HILL: Mr. Chairman, we don't have a conference

8 committee report on Number 8. That committee is composed of

9 Barnes, Holloway and Howard, and Collins, Burruss and Lee.

10

GOVERNOR BUSBEE: Senator Holloway.

"z
11 ~
.'oG".o.

SENATOR HOLLOWAY: What this involves is exemption

from property tax had to previously be generated by a
(@r:j constitutional amendment which could be initiated in either
~ 14!I- house.

':"r

15 .:I
"'";:)

The new constitution as I understand it says

16 .~.. statutory needing a two-thirds vote. The differences of

Q

Z

17 : opinion are that as a constitutional amendment in the past

18 the Senate has been able to initiate these kinds of lezislu-

19 t.-. lon, and we see no reason for the change. The Bouse don't

20 agree with us, and I think we've got an irreconcilable 21 difference.

22

MR. HARRIS: Mr. Chairman.

23

GOVERNOR BUSBEE: Representative Harris.

24

I don't understand, you're a Senator the rest of

25 your life after you go out, ;lnd 'IOU cnil them Represcnlntivc'

PAGE 110

while they're here.

2

Representative Harris.

3

A VOICE: He Qay not want to be called that,

4 Governor.

5

HR. HARRIS: I have given some thought to the

6 possibility that deadlocks might occur in one or more places,

7 and as you know at the outset we started on the premise that

8 hopefully this overview cornnlittee could agree on a document

9 that would be introduced in each body. Recognizing that a

10 deadlock might occur, th~ only thing I can think of currently

11

"z
i=
...oII:
Go

is

that

there

be

two

documents

prep&red when

we

get

through,

@;I one to be introduced in the Senate to contain the Senate side of the deadlock, and one to be introduced in the House to

! 14 ... contain the House side of the deadlock, and the only way to

':z":

15

.:.
"II:
::;)

ultimately

resolve

it

since

it

cannot

be

done

here

will

be

16

.~..
za

through

the

real

conference

committee

that

will

come

about

17 ~ when something is passed by both bodies. I don't see any

18 other way to address it.

19

We can't force people to agree currently if they

20 don't choose to.

21

SENATOR HOLLOWAY: He \l7ill continue to negotiate.

22

GOVERNOR BUSBEE: Representative Johnson.

23

REPRESENTATIVE JOHNSON: Inquiry of the Chair.

24 Senator, in the House and I think in the Senate the proper

25 procedure is when a conference committee cannot agree is vou

PAGE 111

committee.--~ discharge them and appoint a new conference

2

GOVEro~OR I BUSBEE: I think it should behoove all of

3 us to try when you have this broad a representation of the

4 House and Senate to cO.-.lC up with a reconunendation of the House

S and Senate out of this joint conunittee, and I would like to

6 pursue that because we can say that we have worked all these

7 weeks and we've been able ~vith the conferees to come up with

8 a recon~endation to the legislature, not to the House and the

9 Senate or separate reconunendations, and we have made a great

10 start.

"z
11 I-
...o~
Go

We're going to have to resolve this evcntual1v, :1l1d

~ 12 ~ I would like to not abandon the idea that we're going to have

~Fi to come out of the commission with a recommendation to the

! or 14 legislature rather than the House having il version

till'

I-

'0"(
:z:

IS .:J constitution and the Senate having a version, and you're

"~
=>

16 .~.. convening on the 24th of August .

Q

Z

0(

17 :

With that, I think Representative Johnson is

18 correct, if they can't agree then we could have another one

19 and explore it further today maybe.

20

Senator Holloway.

21

SENATOR HOLLOWAY: It's the feeling of course that

22 we have been able to introduce such legislation in the Senate

D for years, and why erode that right the Senate has had. \fuv

24 not leave it like it has been'? Tb3t is "lIl we are asking for

25 to leave it like it's been in the past.

PAGE 112

A VOICE: Let's take a vote on it.

2

GOVERNOR BUSBEE: I think the House knows what's goin,

3 on, and it's simply as they've stated -- I don't want to get

4 involved in the arp,uTTlent -- what you've had is you're trying

5 now to give by two-thirds vote to the legislature something

6 that formerly required a constitutional amendment. That was

7 one of the premises we started off on; we were going to take

8 out some of the details in the constitution, give more 9 authority to the legislature, so you have come back with the

10 same vote required in the House and in the Senate of two-

II

"z
i=
.'2"..

thirds,

and yet

you don't have

to

go

to

the people

in a

@;i constitutional referendum. Now, the House is saying they no longer want the

! 14 ... Senate to be able to initiate this along with the House as

':~"z:

15 ob they've been able to do in the past, and Representative

"'";:)

16

~ ~z

Johnson

thinks

they

might

reconsider

in

that

light.

17 ~

I don't know how to proceed. I do think we should

18 try and come out of here with a recorrrnendation to the Gener~l

19 Assembly for a constitution.

20

Representative Johnson.

21

REPRESENTATIVE JOHNSON: I move that the conference

22 committee be discharged and a new conference committee he

23 appointed.

24

GOVERNOR BUSBEE: All right.

25

LT. GOVERNOR HILLEI{: I ;ll',roe wi tll the Governor

PAGE 113

completely; we don't need to have two documents, one in the

2 Senate and one in the House, we need to have one document

3

GOVERNOR BUSBEE: Representative Burruss.

4

REPRESENTATIVE BURRUSS: Mr. Chairman, I believe

5 the gentleman's motion is out of order because this conference

6 committee has not officially met, and we do plan to meet today.

7

The reports you have heard have been pure specula-

8 tion. We haven't actually met.

9

GOVERNOR BUSBEE: All right We're going to have a

10 recess in the middle of ~his meeting, and I think the

~

..11

"z
i=

gentleman's

point

is

well

taken

that

they

have

not

met

yet

o......

i12 and made a report.

(@)r l

I'IR, HILL: The only other conference committee that

! 14 I- has not corne up with a recommendation is on Article IX,

'0x"(

15 oll Section VI, Paragraph II, which is Number 11 on the sheet

:i1

:;)

16 .~.. which is Barnes, Holloway and Tysinger, and Collins,

Q

Z

0(

17 : Pinkston and Reaves.

18

GOVERNOR BUSBEE: \-Ttl ich number on the shor t s IwC' t '?

19

MIL HILL: Number 11.

20

GOVEI~OR BUSBEE: All right. Representative Collins.

21

REPRESENTATIVE COLLINS: I see you're leavi.ng

22 Article VII and going to Article IX. Is that --

23

GOVERNOR BUSBEE: Is there a conference COTIlwittee

24 report on Article VII?

25

REPRESENTATIVE COLLINS: No, sir. Wh.:lt I'm tr.ying

PAGE 114

to do, I want to make sure we don't get by Article VII.

2

GOVERNOR BUSBEE: We're eoing back to Article VI

3 and I'm trying to see what conference cormnitte.es are out and

4 see if we can agree on these conference committees and get

5 others working where we can try to get through today without

6 meeting next week.

7

LT. GOVERNOR MILLER: Barnes is not here. Let me

8 appoint another one in his place.

9

GOVERNOR BUSBEE: On that conference committee which

10 is Number lIon the short sheet, that's Article IX, Section VI,

11

";z:
a:

that

conference

corrnnittee

is

Barnes,

Holloway

and Tysinger,

@;;.2.. and the Lieutenant Governor --

~ 14!...

What article is that, Article IX, Section VI? MR ._ HILL: Yes .

'0r"(

15 olI

GOVERNOR BUSBEE: All right. Article IX, Section VI

"a:
;)

16 ~... is Barnes, Holloway and Tysinger. Who's not here?

aQz
17

LT. GOVERNOR HILLER: Barnes. Senator Lester.

18

GOVERNOR BUSBEE: On the Article IX. Section VI,

19 Paragraph II, the Lieutenant Governor is going to replace

20 Senator Barnes with Senator Lester. That will leave Holloway,

21 Tysinger and Lester for the Senate, and Collins, Pinkston and

n Reaves in the House.

23

If you all could meet during the recess we'll see if Ii

24 \ve can perfect that.

25

I All right. Hhnt's DCft on the COlfl.crencc comm.It t ees'JI

PAGE 115

Mel?

2

MR o HILL: Those are the only conference corr~ittees

3 outstanding. The others have a report in the package, and

4 when we get to that point we will point out where these are.

5

We can proceed now.

6

GOVERNOR BUSBEE: All right. Go back to Article VI.

7

Goinp back to Article VI, we will start with

8 Article VI.

9

(Pause.)

10

MR. HARRIS: Hr. Chairman.

"z
11 i=

GOVERNOR BUSBEE: Mr. Harris.

..1o>..=..

@;i MR. HARRIS: Does the Chair wish to proceed first to consider those things that we never considered last week

14 ~I before the committee looks at anyt\1ing that has alreadY been

<l(

x:

15 o.!) done?

"1>=
:>

16 ~...

GOVERNOR BUSBEE: I think that would be the easiest

Q

Z

<l(

17 ~ way to proceed.

18

HR. HILL: Then we would be at Section VITI, General

19 Prov1s ions,

20

GOVERNOR BUSBEE: Page Number, please.

21

MR, HARRIS: Page 50.

22

MR. HILL: This says for further study because this

23 has not been acted upon.

24

GOVERNOR BUSBEE: Hhich one are you on, tIel?

25

MR. HILL: On page 50.

" " - - - - - - - ,- --,-------------,--,-,--------~-----

PAGE 116

GOVERNOR BUSBEE: Line what?

2

MRo HILL: Line 32.

3

GOVERNOR BUSBEE: Okay. We're going down to

4 Section VIII, if you'll look at page 50, line 32.

5

MR HILL: This is what Representative Snow's

6 committee had recommended with the change which Representative

7 Snow had made at the meeting on Friday, and this is the

8 proposed revision.

9

I believe there are also some other alternatives

10 that are also going to be proposed.

"z
II j:
..ro..r.:.

GOVERNOR BUSBEE: All right.

~~j ~

out?
14!

I-

REPRESENTATIVE SNOW: Mel, have these been passed MR. HILL: They're being passed out now.

'x~"

15 .:l

GOVERNOR BUSBEE: llhat you have before you is where

"rr:
:::l

16 ~... we stopped at the last meeting, and it was concerning the

Q

Z

~

17 : promulgation of rules. You have before you ~ draft. If

18 you will pass it out, I'll explain what it does.

19

(Pause. )

20

MR. HILL: Wayne, did you want to say anything about

21 this?

22

GOVERNOR BUSBEE: Let me -- Go ahead.

23

REPRESENTATIVE SNOtv: Let me just say that this

24 administration of the judicial system really is extremely

25 importA.nt to the courts, each class of court being ahle to

PAGE 117

adopt certain of their own rules and their own record-keeping

2 procedures, and I think really this goes to the crux to rt

3 large extent of the judicial article, and there were

4 concerns expressed earlier about practice and procedure being

5 in there, and of course we moved at the last meeting to delete

6 that because there was no question but that would be

7 substantive if you actually went to where the legislature

8 is presently providing for the rules 80verning general practice

9 and procedure; that would continue in the General Assembly.

10

I heartily recommend this alternative that is being

11

"z
j:
..'o"....

presented

here,

and

I

would

like very much

for

Justice

Clarke

~ 12 ~ to comment on this if he would to some extent.

I think it does affect the courts. We retain the
@ ~r~14!... powers as far as the General Assembly is concerned, nnd I

lit

~

:J:

15 ~ would like to hear Justice Clarke's vie\vs on it.

"'";:)

16 .~..

GOVERNOR BUSBEE: Hho are you calling on, Justice

Q

Z

~

17 :; Clarke?

18

REPRESENTATIVE SNOW: Justice Clarke.

19

CHIEF JUSTICE JORDAN: I ask the Chairman to allow

20 Justice Clarke to speak on this issue since he's studied it

21 somewhat and is familiar with the question that we want to

22 discuss, and he will --

23

GOVERNOR BUSBEE: Let me say this. I'll rCI-":~'llize

M Justice Clarke.

2S

Since we met there ,vere about four poinl~; i h;tt: were

PAGE 118

brought up.

2

The Speaker has brought some, Senator Holloway and

3 others have brought up points; the Supreme Court and Court of

4 Appeals I think conferred on it; Charlie Tidwell and others

5 have worked on it, and Jus tice Clarke \"i 11 now exp lain til is.

6 Can you explain it?

7

JUSTICE CLARKE: Governor, ladies and gentlemen:

8 I welcome the opportunity to talk about the court's position

9 on this matter, but when I talk to you to reason with you ~

10 little bit about it I don't think I am talking strictly as a

.. 11

"z
j: member of the

court,

I'm talking

to you sort of as

ho~e folks

o......

(@J,~I too because I've spent a lot more time in the House than I have on the bench, and I've spent a lot more time as a practicing

\g

14!... lawyer than I have as either one. so I think I've r,ot ;J pn'ttv OIl :r
.. 15 olI broad perspective of what the people need, and really that is
"~
16 ~... what is important about this, and not what's good for the court Q Z
17 :: or good for the legislature, but what's good for the people.

18

Now, there are a lot of things in the proposed

19 article from the article committee that we thought might have

20 been good for the people. Hany of those you have already

21 adopted; some of them you have bypassed for one reason or

22 another. Some of them we would liked to have seen in the

23 constitution; we understand that they won't be there.

24

This is one, however, that we feel is really vital.

25 If you t",i11 1001< at the proposal fn>m the (:ov(rnor. you will

PAGE 119

notice that the real purpose of it is that it shall provide

2 for speedy, efficient, inexpensive resolution of disputes

3 and prosecutions.

4

I've spent a good deal of time getting around among

5 the people of this state, and those are the three things it

6 seems to me that they're dissatisfied about when they talk

7 about our system of administration of justice.

8

They think they don't always get the right results,

9 that is that it's not as efficient as it should be; they

10 think that they don't get. justice quick enough, that is that

1:1

11

Z j:
oa....:..

it's

not

speedy

enough as

provided for

here;

and

they

think

@;I it costs too much. And so I say to you the people are the ones who want

! 14 t; this. You have it within your hands today to give it to them.

:r

15

~ 1:1

The

switch

is

in

your

hand now

to

do

it,

and

I

think

really

a:

~

16 .~.. you need to understand that all we're talking about is some

D

Z

17 : housekeeping procedures in-house within the judiciary in

18 order that the courts themselves might get together as a team

19 and run through the Supreme Court as sort of the conduit to

20 get to you for either your acceptance or denial the right to

21 have some rules in order that the people's business can be

22 better administered in the courts.

23

Now, it's not all that unusual for you to give some

24 rule-making powers within the house. As a mntter of fact,

25 there Cire many departments of the cX0cutiv(' brnnch who !l;lVC'

PAGE 120

rules by statute which go far beyond in-house rules.

2

The Department of Natural Resources has all sorts of

3 rule-making power to df~clare when hunting seasons may start

4 and when they may not and, as A result, persons can be

5 prosecuted as a result of the rules that they make, and you

6 have recognized statutorily the need to 8ive to some other

7 people the right to make rules in order to take care of the

8 people's business.

9

I would call your attention to the Code of Georgia

10 where it deals with the question of the Department of HUl:1iln

11

"z
i=

Resources,

and

particularly

in health matters.

You have

o.'G".o.

@ ; j legislated manifestly no legislative body can foresee or cope with all situations and conditions which if not properly

! 14 ... checked would mitigate aBainst the health of its constituents; ':<z"C:
15 o!I therefore, said department, not elected individuals, said "~ '"
16 .~.. department is authorized and directed through its board to Q Z <C
17 :: adopt and promulgate rules and regulations.

18

And honestly that's all we're asking here. We think

19 that this is in the best sense, in the best tradition of the

20 American system of separation of powers to provide for the 21 courts the means of regulating their own business in order 22 that the people's business may be speedily administered, that 23 it may be efficiently administered, and it m<1Y be administered

24 less expensively than it presently is.

25

We hones t ly fep I tha t the courtB can do this i ob

PAGE 121

and that the people will thank you for allowing them to do it.

2

GOVERNOR BUSBEE: Let me point out before recognizinp

3 several people that want to be heard on this

I think about

4 four changes were discussed at our last meeting which they

5 have met with and consulted to alleviate some of the concern

6 on.

7

First was one by the Court of Appeals. If you'll

8 take your first sentence, "The judicial system shall be

9 administered," and it goes instead of by the Supreme Court

10 as provided in this paragraph.

\:I

Z

11 j:
..'o"....

The next provision that you have is you have

~ 12 ~ stricken the words "practice and procedure" and limit it to

~r~ rules.

! 14 ...

The third thing that you have done is that you give

':"z:

15

~
\:I

the

General

Assembly

they

P.lay

by

resolution

approve

by

<l

'";;)

16 .~.. reajority vote of both houses, the House and the Senate,

Q

Z

17 ::i vacate any such rule. Instead of a two-thirds vote, u simple

18 majority could vacate it.

19

The next was the last sentence which was added which

20 was the concern of Senator Holloway that in the event the

21 majority of the legislature didn't like one of the rules and

22 could repeal it, what would keep them from coming back, and so 23 they provide that a rule \l7hich has been vacated by the General 24 Assembly mny not during the 12-month period subsequent to the

25 vacation of the rule again be adopted by the Supreme C()l11"l.

PAGE 122 --- ---------------
That is basically what this does; that alleviates

2 your concern.

3

Now, Senator Bnllard.

4

SENATOR BALLARD: I ran into some discussion of this

5 very thing recently in New Jersey. Now, you talk to any of

6 the judicials in New Jersey or any of the states in the

7 Northeast or the ~1iddle Atlantic that's around New Jersey

8 and find out that they have run into this very provision

9 you're speaking of now. It's a bad situation up there,

10 they're trying to get out of it in New Jersey, they've been
.."z
11 i= trying to get out of it -- you've ended up with a court
@;;~... administrator up there that's telling the judges in that state
when they can 80 on the bench, when they can come off, and

! 14 ... they'll have to account for every minute and hour .

':"r

.".15 .:l ;:)

It's not working up there, it is one of the worst

16 .~.. things

check with some of the people in the State of New

Q

Z

17 :; Jersey or New York or Maryland, any of them that touches on

18 New Jersey and find out what they think about exactly what

19 you're proposing to do right here.

20

This is recent; this is going on rieht now.

21

GOVERNOR BUSBEE: Senator Howard.

22

SENATOR HOWARD: Mr. Chairman, this has nothinG

n whatsoever to do with the court administrator; this would be

24 the court itself, and I don't -- I can't see the parallel

25 between what Senator Ballard pointed out and what this

PAGE 123

amendment would actually do.

2

GOVERNOR BUSBEE: Representative Jones.

3

REPRESENTATIVE JONES: Hr. Chairman," the provi s ions

4 of the constitution provide for vetoes of resolutions by the

5 Governor. Is there any conflict in this particular resolution

6 as if the General Assembly were to pass a resolution could the

7 Governor then veto said resolution?

8

GOVERNOR BUSBEE: No, sir. It's just you can change

9 any rule the courts adopt. Even in the House rules you can

10 change by a simple vote of the legislature and the Govenlor

11

"z
io=r:

cannot

veto

it.

.2..

~ 12 ~

A VOICE: It depends on who's Governor.

(@})r i

GOVERNOR BUSBEE: The Governor does not -- the

! 14 :;; Governor has no authority to veto a resolution. That's the :r:

15 o!) reason they put a resolution instead of a statute to where
"or:
:;)

16

~ ~z

no

Governor

could

do

that.

17 :

All right. Senator Lester.

18

SENATOR LESTER: Mr. Chairman

19

GOVERNOR BUSBEE: I'm sor"ry. Senator Greene was next

20 May I go to him?

21

Senator Greene.

22

SENATOR GREENE: Thank you, Hr. Chairman.

23

I would like to ask Justice Clarke. is your

24 interpretation of rules providing for the speedy, efficient

25 and inexpensive resolution of disputes ;md prosecutions.

U--

_ _ "._ _ . ._~_.

_

et cetera

PAGE 124 ------._--------
I want to ask a two-pronged question.

2

One, would it allow the Supreme Court to pass a rule

3 limiting the number of depositions, something that has been

4 attempted legislatively in the last few years unsuccessfullv,

5 just say you could only ask X number of questions on

6 interrogatories -- I sain deposition incorrectly --

7 ulterrogatory questions?

8

Secondly, would it infringe on the rules of evidence

9 in any way?

10

GOVERNOR BUSBEE: Just a minute.

"z
II i=
.'.o"....

JUSTICE CLARKE: Let me take them in inverse order.

@;~ The rules of evidence have been dealt with alreadv by a provision that has been put into this article which says

! 14 t- the rules of evidence would be as provided by law, so th:'lt

xOIl

IS ~ would certainly preempt that area and keep the courts out of

"'";;;)

16 .~.. it .

Q

Z

17 :

As to the other question, it would not allow the

18 Supreme Court by itself to do anything, lfuat it really is

19 looking toward is having some sort of team method by all of

20 the courts acting within their O,VTI class through their OtvD

21 councils, and mainly what it ~'JOtlld do, Senator Greene, is if

22 you wanted to go from Bibb C01.Jn ty say clown to the Corde 1e

23 Circuit to try a lawsuit you ~vould have some idea of wh3t the

24 rules of the court would be in the Cordele Circuit.

25

Now,
--------_ .._---- -.

you might s<Jy "Pell,

- _-- .. --.-...

---

that's i1 dis,'1dvantil(',c to

J

PAGE 125

the folks down in Cordele to let the Macon folks know what

2 it's like but, after all, the Macon folks are entitled to some

3 rights too, and this was really the kind of thing dealing

4 with that.

5

SENATOR GREENE: What would it allow under the

6 interrogatories?

7

JUSTICE CLARKE: I think now a trial court judge if

8 he had a mind to do so could probably by local rule of court

9 determine the way that you propound your interrogatories just

10 as Judge Owens has done there in Hacon in the Hiddle District

.. 11

"z
j: as

you're well

aware.

.o<.>..

~ 12 ~

I do not believe, however, that you would find a

8JF~ whole class of courts willing to do that across the entire

..14 ~ state, and I say right there is where you would have the

'~"

:I:

..15 .:J protection because it would not be one court acting, it would
"::>

16 ~... not be the Supreme Court acting, it would not be the Superior

Q

Z

~

17 ~ Court of one circuit, it tvould be the council for all of the

18 courts within a given class, so it appears to me that therein

19 you would have far more protection than you would othenvise.

20

SENATOR GREENE: But it's possible?

21

JUSTICE CLARKE: No more possible than it would be

22 at the present time.

23

SENATOR GREENE: Thank you.

24

GOVERNOR BUSBEE: Senator Lester.

25

SENATOR LESTER: (~o'.rernor, il' I may ask nr. Clnrke,

. PAGE 126

the effect of this is to provide uniformity in each class of

2 court throughougt the state; is that correct?

3

JUSTICE CLARKE: That would be the goal. It vlould be

4 my thought that absolute uniformity in every rule would be an

5 impossibility because of the varying needs depending on the

6 type of locality in which they are situate.

7

As I understand ordinarily in the past it's been

8 possible to have three uniform sets of rules, one for the

9 large metropolitan areas that would suit the needs of those

10 counties or those circuits, one for the intermediate size

11

"z
j:
'..o".....

counties,

and

possibly

one

for

the

more

rural

size,

but

you as

@;i a lawyer from Augusta would know what the rules would be, and if you represented a client 200 ~iles away in Geor~ia

! 14 I- your client could be adequately r('presented bec;wse Iw

'~"

:E:

15 ~

"'";;) would understand the rules, his lawyer would.

16 .~.. Q

GOVERNOR BUSBEE: All right. Anythinp, further?

Z

~

17 ::

Senator Gillis.

18
SENATOR GILLIS: Governor, explain this 12-month

19
deal to me in the last sentence. Does that mean if we vacate

20
a rule then twelve months later they can come back and

21
establish the same rule again?

22
GOVERNOR BUSBEE: The reason that was placed in

23
there is that if you gave the legislature the right to over-

24
rule them and you didn't have it in there they could come

25
right back and adopt the rule. This tvould prevent them from

PAGE 127
-----------
doing that for at least a period of twelve months.

2

SENATOR GILLIS: But they could in twelve months come

3 back with the same rule?

4

GOVERNOR BUSBEE: I'll let -- The Chief Justice

S wants to answer.

6

CHIEF JUSTICE JORDAN: Mr. Governor, I think the

7 court would certainly honor the wishes of the legislature.

8 We would be absolutely foolish to re-enact a rule which you

9 had just vacated.

10

SENATOR GILLIS: Hhy not take that out, then?

"z
11 i=

GOVERNOR BUSBEE: No, I don't think you would want

.'oA"...

~ 12 ~ it taken out, Senator Gillis. Otherwise they could come back

~r~ and do it immediately. ! 14

(Pause. )

~
'"

%
1S olI

GOVERNOR BUSBEE: All right. Further--

"'";;;)
16 .~..
zo
17 ::i

A VOICE: Move the adoption . A VOICE: Seconded.

18

GOVERNOR BUSBEE: He've got it moved and seconded.

19 All right, Mr. Speaker.

20

SPEAKER MURPHY: Hr. Chairman

21

GOVERNOR BUSBEE: All right. Let's have attention

22 and address everything through the Chair if you would. ~nd

23 we'll move on.

M

Mr. Speaker.

2S

SPEAKER MURPHY: I ogree thot we need unifon'l court

PAGE 128 rr------------ --------------------------------
rules, we need uniform record-keeping, we need uniform --

2

A VOICE: Speak up a little louder.

3

SPEAKER MURPHY: We need uniform schedules of costs,

4 but I disagree with my former classmate Harold Clarke, my 5 former colleague in the General Assembly, the gentleman from 6 Forsyth who I now address as Mr. Justice Clarke, that we ought 7 to leave the costs up to the court as to what the costs of 8 courts are going to be. I think that is a matter that 9 addresses itself to the General Assembly. I would personally

IO much prefer to see them propose rules and us <1pprove them

11

"z

j:
..'o"....

rather

than

us

veto

those

rules;

I

think

they're reversing

@;~ the legislative process. I really don't think we would need a class of rules

! 14 I..-. for Ful ton County and a class of rules for f-I"con, and ;1 c };1SS <l[ :a:
15 ~ of rules for Haralson County; I think the court rules ought l:J '";;;)
16 .~.. to be uniform throughout the state for every class of courts . Q
Z
<l[
17 : I believe that very strongly.

18

I really have no objection to them adopting the court

19 rules. As I say, I would prefer for them to propose them and

20 us legislatively put them into law, but I don't think under

21 any circumstances that the costs ought to he into it because

it could very quickly come to where the costs would be so 23 expensive that the average citizen couldn't appeal a lawsuit, 24 so I don't really think they ought to have any jurisdiction in 25 thE' costs. T think that ought tl1 be llP to tIl(' (:('l1cr;J1 /\sSCPlhly

PAGE 129

The question of whether or not you want thell1to----l

2 propose the rules and us adopt them, I abide by the wisdom of

3 this body, the majority of this body.

4

I personally think that would be better [or them to

5 propose them and us approve them rather than us veto then,

6 let them be the legislative and us the executive is what

7 they're trying to put us in the position, and I think I would

8 much prefer them to propose them and us to approve thenl, but

9 I bow to the wisdom of this body and I have no intention of

10 making any motion other than to take costs out of this

CzI

11

;:
...oex
A.

provision.

I think it ought to come out and be left up to the

@;i General Assembly. GOVERNOR BUSBEE: Mr. Speaker, let me ask you, in

! 14 t;; order to perfect your motion there removing schedule of costs, :r
15 olI you would simply just insert after "uniform court rules," CI III ::I
16 .~.. comma, and record-keeping, and then you would strike "ano zQ
17 : schedule of costs," so that it would say "uniform court rules

18 and record-keeping which shall provide for the speedy.

19 efficient and inexpensive resolution of disputes and

20 prosecutions." Is that your motion?

21

SPEAKER HURPHY: I don't think you need the schedule

22 of costs. That ought to be up to the General Assemblv.

23

GOVERNOR BUSBEE: Okay. You have heard the motion

24 by the Speaker that you delete the '(\lords "and schedule of

2S costs," and you \vould insert the l\lord "<1nd" before

record-k.eeping.

PAGE 130
- - - - - - - - - - - - - - - .. _~ -----

2

SENATOR HOLLm<lAY: I second it.

3

GOVERNOR BUSBEE: The motion is seconded.

4 r:iscussion.

5

Is there any discussion? Hearing none, is there

6 objection to the adoption of the amendment?

7

REPRESENTATIVE COLLINS: Mr. Chairman.

8

GOVERNOR BUSBEE: Representative Collins.

9

REPRESENTATIVE COLLINS: I want to amend it before wei

10 adopt it if we haven't gone too far, sir.

I

11 ";z:

GOVERNOR BUSBEE: Hhat I'm asking, is there obj ec t ionl

'o..".....

i
I

@}~i to his amendment \vh ich strikes "and the schedule of cos ts , " and if you have a further amendment you can offer it if it's

I
I
i

! 14 ... on that point .

'<"II

%

IS ~

All right. Is there objection to the adoption?

"/lC
~
16 .~..

SENATOR HOl.JARD: I obj ect, Hr. Chairman .

Q

Z

<II
17 :

GOVERNOR BUSBEE; There is objection.

18

Is there objection to ordering the previous question?

19

We're making progress.

20

All right. All in favor of the adoption of the

21 amendment by the Speaker that \v(> strike" .:1nd schedule of

22 costs" ri se and stand until you're counted.

23

(A shmv of hands.)

24

GOVERNOR BUSBEE: Okay. Reverse your positions.

25

(A show of hanrls.)

PAGE 131

GOVERNOR BUSBEE: Okay. In the House the ayes are

2 29, the nays are zero; in the Senate the ayes are lLf, the nays

3 arc one, so the amenilinent is adopted.

4

Hr. Collins.

5

REPRESENTATIVE COLLINS: Mr. Chairman, I think if

6 we're going into this that we need to think what we're doing.

7

Justice Clarke mentioned what we had done in some of

8 the other parts, and we had what was referred to RS the 3-C

9 amenmnent here three or four years ago trying to get back some

10 of the authority or some of the input that our people at the

@;;11

"z
i=
..'o"....

grass

roots

level wanted us

to

have

in

the

law-making

process.

I think that we should take these rules through in a

positive manner. I don't think we need to get into the

! 14 ..x.... vetoing process, and these rules -- if they can show us
15 ~ reasons why they need these rules to go into effect when we're
"'":;)
16 .~.. not in ses s ion, then I would be \villing to try to he lp them
oz
<C(
17 ::i amend this thing to where they would p:o into effect for i1

18 certain number of months, and if they \Vasn' t approved by the

19 legislature then they would be vetoed, null and void.

20

GOVERNOR BUSBEE: All right. As I understand your

21 motion, let me make sure -- The Chief Justice wanted to be

22 heard.

23

CHIEF JUSTICE JORDAN: I didn't know we had n motion.

24 vfuat's the point?

25

GOVERNOR BUSBEE: He's 1 think trying to perfc'ct the

PAGE

132

languaee for a motion. The Chair is going to assist if I can.

2

I think what you're saying is they can adopt rules,

3 those rules would remain in effect for a period of -- a

4 certain period which he's yet to specify, and if they were not

5 approved by the ler~is la ture wi thin tha t period of t iDe then

6 they would be defeated, cast out.

7

CHIEF JUSTICE JORDAN: Mr. Collins is right. If

8 he will recall, when you gave us the authority to adopt

9 unified rules of procedure, unified rules of appeal in deRth

10 penalty cases. when you gave us that authority you srwcificd

..11

z"
i=

that

it would be

in

effect

until

the

next

session

of

the

@;;..o.... General Assembly, and it would not be in effect unless approved by resolution of both houses, and when we brou~ht

!.14 those rules back you did approve> tllPm bv a !'l:lj 01'1 ty v() '-I.' in

~ :r
.. 15 0) both houses. so that procedure would not be objectionable by
";;)

16 ~... us .

Q

Z 17 ~

GOVERNOR BUSBEE: Senator Holloway.

18

SENATOR HOLLOHAY: Could those rules be amended,

19 or would they have to be accepted in toto or rejected in tott)';'

20

GOVERNOR BUSBEE: Let rr,e -- again I think everybody

21 might be in accord in the fact, and if I can state this it

22 might accommodc1 te t1r. ColI ins' !'lotion and also ,'Ihat the Chi e[

23 Justice said and also what Senator HollowD.y has said.

24

It necessitates the need for your last sentence,

------

unt~~ -l PAGE 133

a.dopt rules which lould remain in force and effect

the

2 end of the next session of the General Assembly, and if they

3 were not ratified at the next session of the Genernl Assembly

4 that all the r~les would b~ cast out, and that those rules

5 pronulgated would be subject to amendment by the General

6 Assembly, and with that I think you would not need your last

7 paragraph -- I mean last sentence.

8

Did I fairly state your intention?

9

REPRESENTATIVE COLLINS: (Nodded.)

10

SENATOR HOLLOWAY: I move the staff perfect lang'.-tage

I!l

11

Z
j:
..'o"....

to

that

effect.

~ 12 ~

GOVERNOR BUSBEE: The motion is that -- I think I

~ri have stated it accurately that the staff perfect the language,

! 14 1;; and the Chief Justice has an observation to make on that.

~

:J:

15 .:l

CHIEF JUSTICE JORDAN: As I unders tood the Cha irm'1l1.

I!l

'";;;)

16 .~.. he stated that the rules would have to be accepted or rejected

oz

~
17 lli in toto.

18

I thought that under this proposed language you could

I

19 vacate anyone rule.

20

GOVERNOR BUSBEE: That's correct. Under the language

21 and I'll restate it --

22

CHIEF JUSTICE JORDAN: That's my understanding.

23

GOVERNOR BUSBEE: --that you would have the right

24 First you h~ve the right to pronulgate the rules just like it 25 says. they Vv'oulc be in force (lnd efff>ct unt: i 1 the nc;({

PAGE 134

session of the General Assc~bly, at which time nIl those rules

2 would expire and be vacated unless the legislature approved

3 those rules.

4

They would have a ri8ht in that legislation to amend

5 those rules. That would alleviate the need for the last

6 sentence in the proposal.

7

Now, that is the arlendment of Represent.:lti ve Collins,

8 and with the addition by Senator Holloway that the staff

9 perfect that language, so we'll have to corne back next week

10 and consider it.

~

11 j:

Now, is there any question concerning the proposed

.'o."....

~;I amendment by Representative Collins? SENATOR GILLIS: I second the motion.

! 14 .I.-.

GOVERNOR BUSBEE: Senator Tysinger.

:~z:
15 01)

SENATOR TYSINGER: Will those rules then be in

III
'";;)
16 ~... effect from that time fonvard, and any amendments then would

Q

Z

17

~
~

come

back

from

the

courts

to

the

General

Assembly?

18

GOVERNOR BUSBEE: That's correct.

19

Is there any question? All right. Is there

20 objection to the adoption of the Collins amendment?

21

SPEAKER MURPHY: Can I read you what I think they

\ 22 said?

23

GOVERNOR BUSBEE: All right.

24

SPEAKER MURPHY: The judicial system shall be

admini!-;tered as provided in this pnr<lj',r,1ph. Not more thnn 2/f

PAGE 135
months after the effective date hereof and from time ~~~~~

2 thereafter by amendment the Supreme Court shall wi th the

I

3 advice and consent of the council of the affected class or

4 classes of trial courts, propose uniform court rules, record-

5 keeping and schedules of costs which shall provide for the

6 speedy, efficient and inexpensive resolution of disputes

7 and prosectutions. Each council shall be comprised of all

8 judges of the courts 0f that class. The General Assembly

9 may by resolution approve, amend or or strike any such rule.

10

A VOICE: I can't hear you, Mr. Speaker. You don't

" 11

z l=

talk

into

the mike.

..'o"....
12 ~

GOVERNOR BUSBEE: I don't know if they could hear

er~ that, but your vacation --

I
I
i

14 !...

SPEAKER MURPHY: I don't think that would be necoss"l~' .
[

15

':"z:
.:I

I

think

that's

all

you

need.

I

":'">
16 .~..

GOVERNOR BUSBEE: I cot.ildn't follow the Speaker,

Q

17

Z
~

1 1 m sorry.

I

18

SPEAKER HURPHY: Look at your amendment they've
I

19 proposed; it's the same down to the end of line 6, at the

20 end of "tri~l courts" strike "by order adopt and -- "

21

GOVERNOR BUSBEE: v-lait a minute, Mr. Speaker, I

22 didn't follow you. At the end of the words what?

23

SPEAKER MURPHY: After "trial courts", comm,l, you

24 strike the words "by order adopt ond publish," strike those

words and add "propose uniform court rules, record-keeping __ "

PAf;E 136

GOVERNOR BUSBEE: Do you mind, Mr. Speaker, j u s t l

2 letting them -- I think I stated it and he recorded it --

3 let them just work that language out?

4

SPEAKER MURPHY: That's what he said anyhow.

5

GOVERNOR BUSBEE: Is there any objection?

6

There is no objection to the staff perfecting it.

7 I've stated it twice, and I think it's clear.

8

MR. HARRIS: Mr. Chairman.

9

GOVERNOR BUSBEE: Representative Harris.

IO

MR. HARRIS: In drafting this language do I under-

Czl 11 i=
.'.o".... ~ 12 ~
~ri ! 14 ... ':"z: 15 .:l
Cl
'";;)
16 .~.. Q Z
17 ~

stand that it is the intention that the court can adopt rules which shall go into effect then until the next session of the General Assembly --
GOVERNOR BUSBEE: Until the last day of the next session of the General Assembly.
MR. HARRIS: Well, at which time unless the General
Assembly positively enacts those rules by a statute which it

18 can amend or change, the rules would die.

19

GOVERNOR BUSBEE: Representative Collins

20

MR. HARRIS: That's what I understood.

21

REPRESENTATIVE COLLINS: Mr. Chairman, I've got

22 something sort of come to my mind since we're going to give

23 them the power of law until the last day of the session and

24 they become null in that time, then if we don't have somethinq

in there on the 12-month deal they could come back with th~t

PAl a..; 137

same rule, and all we would be controlling would be one day.

2

A VOICE: That's right.

3

GOVERNOR BUSBEE: Senator Holloway.

4

SENATOR HOLLOWAY: Does this preclude the General

5 Assembly from enacting any rules in the courts? Do they have

6 to come all this route?

7

MR. HARRIS: No.

8

CHIEF JUSTICE JORDAN: All the rules of practice and

9 procedure will remain in the General Assembly.

10

SENATOR HOLLOWAY: I'm not taling about that, I'm

~

11

Cz) i=

talking

about

the

subject of

this.

This would stop us from

.oa:
12 ~'" initiating any legislation in a divergent field havinq to do

~_._~ with this area, it would have to come from the courts to us;

! 14 is that right?

''""'
2:
15 ~

REPRESENTATIVE PINKSTON: We can amend it.

C)
a: :>
16 .~..

SENATOR BALLARD: The "lay you had it was the right

Q

17

Z
~

way.

18

GOVERNOR BUSBEE: I think so too, Senator BClllClrd.

19

SENATOR BALLARD: They haven't stuck with your

20 interpretation, your reading.

21

GOVERNOR BUSBEE: Senator Holloway just would like

22 for his last sentence to remain, and I don't see any harm in

23 it.

24

CHIEF JUSTICE JORDAN: Let it stay in.

25

GOVERNOR BUSBEE: The Chief Justice says he has no

rr-------------------------------

PA(;r~

138

objection to Senator Holloway's last sentence, leaving it.

2

All right. The reporter took it down, and do you

3 agree there the way I stated was your motion?

4

You're now wanting to make a change I believe,

5 Representative Collins.

6

REPRESENTATIVE COLLINS: T was just wanting to m~kc

7 -- I wanted to make sure that the court can't a day after we

8 leave here --

9

GOVERNOR BUSBEE: You agree then to leave the last

10 sentence in there?

"z
11 i=

REPRESENTATIVE COLLINS: Yes, I think it should be

..oc..r..:

~;i in there. GOVERNOR BUSBEE:

Senator Holloway does too.

! 14

Now, Senator Holloway says what if the legislature

l-

In

:r

15 .:. wants to propose on its own accord a rule. That's the next

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16 .~.. question that's asked. I'll ask Justice Clarke .

Q

Z 17 :

JUSTICE CLARKE: One thing that the General Assembly

18 could obviously do is amend the ones that we send to them.

19

GOVERNOR BUSBEE: That's correct.

20

JUSTICE CLARKE, And then ce rta inly I think there a rei

21 areas that the General Assembly has the right to legislute in, !

and this would be one of them.

23

GOVERNOR BUSBEE: You have to do this by resolution.

24 You have a right to amend, so you could write anything you

25 wanted in there is the way I see it, Senator.

SENATOR HOLLOWAY:

PAl;I~ 139
---------------------,
I
Just so long as it wouldn't have

2 to be germane to a specific rule that they were recommending,

3 but generally to the rules of court procedure.

4

GOVERNOR BUSBEE: Right. I don't think there's any

S dbubt about it you having that right.

6

All right. Representative Collins.

7

REPRESENTATIVE COLLINS: Mr. Chairman, the way this

8 thing is drawn, if we pass a law or we whatever we're doing,

9 we're giving the courts the authority to write legislation

10 the day we go home.

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II j:

GOVERNOR BUSBEE: They would under this have a right

'lo.1"...

a"~:'1

to write rules other than practice and procedure; they would have the right to write rules which would remain in force and

! 14 effect until the end of the next session.

I-

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REPRESENTATIVE COLLINS: One more question.

"'~" 16 .~..
Q Z
<
17 ~

GOVERNOR BUSBEE: All right . REPRESENTATIVE COLLINS: In the event we pass a bill

18 that they disagreed --

19

GOVERNOR BUSBEE: Right.

20

REPRESENTATIVE COLLINS: -- they could enact a rule

21 the minute we go home to change the legislative intent, and

22 if we're doing that we're in trouble.

23

CHIEF JUSTICE JORDAN: Not with the last sentence in

24 there.

(Pause. )

I'AI;}'; 140

GOVERNOR BUSBEE: Mr. Tidwell is just makinq iln 2 observation that he and the legislative counsel -- and the 3 court reporter has it there -- if you let them write out the

4 language and let's go from there rather than trying to do

5 this out on the floor we'd be better off.

6

A VOICE: So moved.

7

A VOICE: Seconded.

8

A VOICE: Move on.

9

GOVERNOR BUSBEE: Are you ready to vote?

10
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~;I 14 !. ':z": IS .) CI ,':"> 16 .~.. Q Z 17 ~

All right. Is there objection to ordering the previous question?
REPRESENTATIVE COLENAtJ: Hr. Chairman. GOVERNOR BUSBEE: Representative Coleman. REPRESENTATIVE COLEMl\N: I think Justice Clarke JUSTICE CLARKE: Just quickly let me say this in answer to what Representative Collins had to say . We're really here talking about rules of court, and

18 today and every day the Superior Court judges and the State

19 Court judges are making rules of court. All we would be doing

20 is making it uniform so you would have a part in it as

21 opposed to it being done on a piecemeal basis all around tho

state now, and we would certainly not be able to amend or to

23 throw out a statute that's been passed because it's not

24 substantive law, but just rather rules for operation,

25 internal operation of the courts, and not rules of evidence,

--------------- -----------
nor is it the rules of practice and procedure.

2

GOVERNOR BUSBEE: Is there objection to ordering the

3 previous question?

4

All right. Hearing none -- now, we adopted the

5 Collins amendment is what it amounted to.

6

Is there objection to the adoption of the amendment

7 which I stated that the staff would draft? Is there objection?

8 That last sentence would be in there.

9

All right. Is there objection? Hearing none, the

10 motion is adopted, the ar.1endment.

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11 ...
.Io..X...

Now, with the amendment that the Speaker had and

~ 12 ~ with the amendment that Mr. Collins had, is there any other

~J~ amendment?

! 14 ...

Hearing none, is there --

~

x

15 .:>

A VOICE: Wait, Mr. Chairman.

Cl

IX

:>

16 ~ Q

GOVERNOR BUSBEE: Is there objection to ordering the

17 gz previous question?

18

Senator Holloway.

19

SENATOR HOLLOWAY: Mr. Chairman, I'm still concerned

20 that as I read this thing, and certainly in a lay mind I can

21 be wrong, but this precludes the General Assembly from

22 initiating any rule that would have to do with administrCltion

23 of courts.

24 IiI

Now, I think we need some lc:1.I1guClqe that a s pro\' ided,

2~ I however, nothinq heretofore said precludes that possibility.

L_

GOVERNOR BUSBEE:

PACE 142 -------------- --------
So you're offering a separate

2 amendment to that effect?

3

SENATOR HOLLOWAY: And let them draft it in lawyer

4 language.

5

A VOICE: I second Senator Holloway's motion.

6

GOVERNOR BUSBEE: All right. I don't know that I

7 had ordered the previous question.

8

Is there any objection now to withdrawing the order?

9 If there's not, it's withdrawn.

10

The motion is that you add a comma, and that you

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II ;:: have a proviso that the staff would write in pursuant to
.o.....
~ 12 ~ Senator Holloway that would make clear that the legislature
~J~ could on its own initiate by statute any rule, that they would

14

; t;;

have a

right

to

do that by

statute which

they

have

todJy?

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This was seconded by Representative Collins.

::>

16 ~... Any discussion on that point?

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17 ~<

Any observation? Justice Clarke?

18

JUSTICE CLARKE: No, sir.

19

GOVERNOR BUSBEE: Chief Justice.

20

CHIEF JUSTICE JORDAN: I'm wondering really, Mr.

21 Chairman, whether that would invade the inherent power of the

22 court to make simple uniform housekeeping rules.

23

GOVERNOR BUSBEE: I thouC]ht you might speak up.

i

24

I CHIEF JUSTICE JORDAN: It's certainly we have that

I

25 inherent power under any view of the constitution of sc'p(lratio~

PAGE 143

of powers, and if you're going to allow the General Assembly

2 to make simple uniform housekeeping procedure court rules

3 within a court, then you're certainly tampering with the

4 separation of powers.

5

GOVERNOR BUSBEE: Let me try and throw it in

6 perspective. I thought we were making good progress on all

7 these points, but I was asking Justice Clarke and the Chief

8 Justice spoke up, and of course we're talking about some

9 separation of powers. What you now have, the court, the

10 Supreme court can make rules now that you can't stop them

II

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;::
.'o0"...

from

making

rules

nor

preclude,

neither

can you

do

it

for

~ 12 ~ some of the other courts under the constitution, but to have

(@)r~ these uniform rules you're talking about, if you would put In

! 14 what Senator Holloway is talking about then you coulc1j\lst f'<:"rl:

IS .:> come by a simple statute and really in effect preclude them

":':">

16 .~.. from making any rules .

Q

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17 ~

You're trying to get some uniformity in it, you

18 would have a right to override one of these.

19

SPEAKER MURPHY: You're overlooking one thing.

20

GOVERNOR BUSBEE: All right. Hr. Speaker.

21

SPEAKER MURPHY: You're overlooking the fact that th~

22 superior courts have a right to make local rules now. You're

23 overlooking the fact that the Court of Appeals has the right

24 to make the rules of appeal in its court. You're overlooking

2~ the fact the Supreme Court has the riyht to rule any st~tc

court, but what you're overlooking is the fact --

--1-4-4-,

2

GOVERNOR BUSBEE: I didn't overlook that. That's

3 what I stated.

4

SPEAKER MURPHY: No, sir. When you put it all

5 together with the Supreme Court proposing the rules for all

6 of them you're overlooking the fact that the local bar will

7 take care of a superior court judge that got out of place

8 with his court rule, and the local bar would take care of

9 a state court judge who got out of bounds, and the state bar

10 would take care of the Supreme Court if they got out of

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16 .~..
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17 ::;

bounds with their rules, but when you make one thing it's going to take care of half the state, and it ain't gonna take care of the other half, and there ain't nobody gonna be able to take care of it .
GOVERNOR BUSBEE: That's the reason you have the General Assembly to be able to save you, because by a simple majority vote they can do away with all of them.

18

SPEAKER MURPHY: They wouldn't look for much help

19 from you, unfortunately.

20

GOVERNOR BUSBEE: It doesn't go to the Governor, ~lr.

21 Speaker. Just let me say that under -- you well know this,

22 and we can engage in all the levity we want at this period

23 of time, but the Governor has no right on a resolution to

24 veto it, and you well know that, so I do say there's a

25 problem though with what the Chief Justice said if you were

PAGJ~ 145

to go with that last proposal.

2

This gives you the right with any rules they have by

3 simple majority to throw them out, and they couldn't adopt

4 them again for another twelve months.

5

SENATOR HOLLOWAY: Parliamentary inquiry.

6

GOVERNOR BUSBEE: State your point.

7

SENATOR HOLLOWAY: Does the legislature in Georgia

8 at this time have the right to pass a statute that would

9 affect administrative rules of the court?

10

GOVERNOR BUSBEE: Chief Justice or Justice Clarke?

"z
11 i= The courts would be the one to rule on that.
'o.."....

~ 12 ~

I think they have an inherent right in the courts to

~r~ make rules.

14 ~...

SENATOR HOLLOv-lAY: I didn't suy they didn't. Ny

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15 .:> question wasn't that.

":'">

16 17

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~

a

My question statute affecting a

is very specific. Can we this day pass rule having to do with administration

18 of the courts?

19

GOVERNOR BUSBEE: Can you do that by statute

20 preclude

21

CHIEF JUSTICE JORDAN: Certainly they have the right

22 and do make the rules of practice and procedure which ore of a

23 substantive nature; there's no doubt about that.

24

You've got in the constitution that we huve to put

2S our cuses within two terms -- I think it's by st;ltuto ,111(1 ;,150

by constitution. There's no doubt about the fact that the 2 General Assembly retains its power to make rules of practice

3 and procedure, but I do not think that the General Assembly

4 under the doctrine of separation of power can interfere with 5 with inherent power of any court to make ground rules for the 6 operation of the court.

7

SENATOR HOLLOWAY: Mr. Chairman.

8

GOVERNOR BUSBEE: All right, Senator Holloway.

9

SENATOR HOLLOWAY: My question wasn't answered.

to I specifically referred to rules concerning administration of

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11

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the courts.

~ 12 ~

Can we now effect such a rule? Certainly I read

~ri nowhere in here that the courts can effect their own rules too,

! 14 I- but my question is can we now effect rules havinq to do with

':~"z:

15 ~ administration of the court.

"'";:)

16 .~..

GOVERNOR BUSBEE: I will let Justice Clarke or the

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~

17 ~ Chief Justice answer.

18

CHIEF JUSTICE JORDAN: Go ahead.

19

JUSTICE CLARKE: Senator Holloway, let me say this.

20 We are talking about administration, and I appreciate your

21 mentioning that word, and I think that may be the key to the

22 whole thing, that within the executive branch, the Governor's

23 office and the other executive constitutional officers they

24 have the right to administer the executive branch without any

25 change from other people except when it gets into more

substantive areas. You certainly and the Senate and the

2 members of the House have got the right to administer your

3 businesG by adopting rules of the Senate and rules of the

4 House, and you do that, and you've got it both ways, anybody

5 can look at it and see what it is.

6

The difference is that you don't have say forty

7 circuits around, or thirty state courts that have to come

8 into a -- can possibly have nonuniform rules -- that is the

9 problem that we have, and all this would do would be to allow

10 us to, the courts to administer themselves.

11

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Now, when it comes to pure administration of the housekeeping activity of the court, I think that would be within the inherent powers of the courts.
Now, when it comes to the more substantive thin<Js -and it's difficult to know where those lines come, there are parts of course like the civil Practice ~ct which are excluded from here altogether, that's certainly within the purview of

18 what the General Assembly does.

19

GOVERNOR BUSBEE: Senator Holloway.

20

SENATOR HOLLmlAY: Mr. Chairman, I'm for the courts

21 fixing their rules all the time wi thou t us getting in it.

22 I just asked a simple question that nobody has answered yet.

23

Can we now pass a statute that affects the

24 administration of the courts? Yes or no.

25

CHIEF JUSTICE JORD~N: It depends on your definition

PAGE 148

of administration.

2

SENATOR HOLLOWAY: Now we say we're giving up that.

3 How come it hasn't been prior to this time jeopardizing the

4 separate branches' rights?

5

JUSTICE CLARKE: Again I think what I was trying to

6 say is that there is a thin line difference, there are things

7 that you can enact statutes about.

8

For instance Representative, or rather Senator

9 Greene had mentioned a moment ago the business about the

10 control of interrogatories.

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11 i=
.'.o"....

Now, that is a little different from the internc-d

~;I administration of a court. In those areas I think you have an absolute right to

! 14 ... enact statutes; in other areas I do too, but I believe that ':<"rt 15 .1) there's some places that I'm not able to delineate exactly
'":':">
16 .~.. that even at the present time the courts would have an Q Z <t
17 ~ inherent power to run their own business.

18

Maybe the Chief Justice can delineate them better

19 than I could.

20

GOVERNOR BUSBEE: Mr. Chief Justice.

21

CHIEF JUSTICE JORDAN: Let me just give Mr. IIollow<lY,

22 Senator Holloway, one example.

23

For instance, the courts can declare a statute or

24 an act of the General Assembly to be unconsti tu tional. \'le

2S cannot and would not, we do not have the power to interfere

PAGg 149

with the rules of procedure in the House and the Senate,

2 those are rules that govern the internal operation of the

3 House and Senate; we have absolutely no power to overrule

4 any rule of procedure of the House and Senate.

5

We do have, of course, the authority to declare an

6 act unconstitutional as distinguished from rules and

7 regulations.

8

GOVERNOR BUSBEE: ft1r. Speaker.

9

SPEAKER f.1URPHY: 1-1r. Justice Clarke and Chief

10 Justice Jordan, is what you're referring to administration

of the courts, the form your briefs will be in, the order you

will call your cases, the time you will allow them to argue

a case before you? Is that what you're talking about?

JUSTICE CLARKE: Absolutely.

SPEAKER MURPHY: There's never been any statute

infringing on that right yet, has there?

JUSTICE CLARKE: Not that I know of.

18

For instance, we have things like how far down from

19 the top of the page you should type it for a very good reason

20 because we bore holes in those things. That's something that

21 the General Assembly ought not to have to worry about and the

22 courts ought to be able to take care of in their own house.

23

SPEAKER MURPHY: That ain't the problem, Mr. Justice

M Clarke. It's where that thin delineation of the line that Mr. r
25 Chief Justice Jordan said, where does it come.

PAGE 150

JUSTICE CLARKE: Of course thin lines have always 2 been a problem.

3

SPEAKER MURPHY: You're talking about by hair I

4 guess.

5

(Laughter. )

6

SENATOR HOLLOWAY: Mr. Chairman.

7

GOVERNOR BUSBEE: Senator Holloway.

8

SENATOR HOLLOWAY: It seems to me that the language

9 I suggested is not self-enacting, and certainly we would not

10 be violating the other branch of government's independence

"z

II

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until

we enacted a

statute,

and

certainly

the

legislature

in

.f..

@j;j its judgment would not enact one unless it got into one of those very thin lines he's referring to.

14 ~:I

I don't think we've violated anything until we've

15 ~ enacted a statute. The separation of powers I'm talking about.

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16 ~...

GOVERNOR BUSBEE: Senator Deal

Q

Z

17 :

SENATOR DEAL: I would like to ask two questions.

18

First of all, as I understand it in some of the

19 federal courts under the rule-making power the number of

20 jurors that are allowed for civil trials are fixed by court

21 rules. 22

I would like to ask if that is an area that could be

23 fixed by court rule.

24

GOVERNOR BUSBEE: It's in the constitution othen"ise

25 in Georgia, and I would --

SENATOR DEAL:

PAGl<~

151

----"---

Do we specify the number of jurors?

2

GOVERNOR BUSBEE: Yes.

3

SENATOR DEAL: The question is in this uniform

4 rulemaking power does that preclude a local court from

5 enacting localized court rules that are not in conflict with

6 the uniform rules?

7

GOVERNOR BUSBEE: Justice Clarke.

I

8

JUSTICE CLARKE: They could do it so long as they arel

I

9 not inconsistent with the rules that were adopted on a uniform

10 basis.

"z
11 j:

GOVERNOR BUSBEE: I think you get the example. If

..'o.."..

@;i you have a recorders court or a state court and you had an answering period of say 15 days, they couldn't make it 12

! 14 ... days or 16 like we now have it, but if there was no provision

VI

~

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15 0) in it you could do it in the local courts as long as it's not

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16 .~.. in conflict. That's the same as it is today .

Q

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17 :

Mr. Speaker.

18

SPEAKER MURPHY: Senator Deal, what I think they're

19 talking about, in my circuit our superior court judges have

20 a rule that says interrogatories will be propounded within 90

21 days from the filing of the suit, and if they're not that's

22 the end of interrogatories: discovery shall be cut off within

23 90 days of the filing of the suit or 120 days, whichever;

24 I think that's the thing they're talking about is to make it

25 uniform throughout the state, and in my circuit it would be

PAGE 152

the same as your circuit in Gainesville, and discovery would

2 be completed within 120 days, things of that nature is what

3 I think they're talking about.

4

About the only thing that I would say that we want

5 to be sure the only thing I would say to you, Senator,

6 is we want to be sure that we would preserve in that

7 administrative procedure where if they cut off, they passed

8 a rule and said discovery shall be completed within say 120 9 days that our judge could pass an order granting us another 30

10 days to complete it or something of that nature, because you
i"z
11 and I might agree on a case that we wanted it to continue,
@);I we don't want to say that's the end of it and it can't be continued no more.

14 ~I

We don't want to get in that trap.

I

~

15 olI

GOVERNOR BUSBEE: We have a motion and a second.

"'~"

a 16 ~.az.. Do you understand the motion? It was Representative Collins'
17 and seconded by Senator Holloway.

I
I

18

All right. Is there any further discussion?

I

I

19

Is there objection to ordering the previous question?

20

Is there objection to the adoption of the motion?

21

A VOICE: What's the motion, Mr. Chairman?

22

GOVERNOR BUSBEE: The motion was what I stated and

23 repeated, Representative Collins' motion, and it would include

24 the last sentence that was in there about the 12-month rule of

25 Senator Holloway's.

I
-------~

PAC~E

153

Now, you had some further discussion. Senator

2 Holloway was talking about maybe you might want an additional

3 statute making the authority that you had reservations about.

4 We're not voting on that at this time.

5

All right. Is there objection

wait, I need to--

6 If you have a further amendment there, do ~ou want to--?

7

SENATOR HOLLOWAY: I won't cloud the issue.

8

GOVERNOR BUSBEE: All right. with that, he's not

9 making the motion.

10

That is the motion, Representative Collins' motion,

II

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and

with

the

instructions

Senator

Holloway

provided

the

staff.

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~ 12 ~

All right. Is there objection to the adoption?

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Hearing none, it's adopted.

14 ~I
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15 .:l

What else do we have in Article VI? 1-1R. HARRIS: Mr. Chairman, -- Well, you've got it.

rr:
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.16 ~ o Z 'cl
17 :

MR. HILL: Oh, yes, Paragraph II. GOVERNOR BUSBEE: On what page?

18

MR. HILL: On page 51, line 13. It's in the present

19 constitution, it was deleted from the proposed draft, and it

20 was suggested that it be reincluded. Now, there's not been

21 action taken on this, it's here for your consideration,

22 Paragraph II, line 13, page 51.

23

REPRESENTATIVE SNOW: I move its adoption.

24

(Pause. )

i

25

SENATOR HOLLOWAY: Did I understand that to be left i
J

PAGE 154

out?

2

GOVERNOR BUSBEE: Yes, and the Speaker has different

3 numbers on his copy than the rest of us have. We're trying to

4 locate it on his copy for him.

5

(Pause. )

6

REPRESENTATIVE SNOW: I move its adoption.

7

GOVERNOR BUSBEE: All right. It's moved that the

8 Paragraph II be adopted, it's the one that says "The Supreme 9 Court and Court of Appeals shall dispose of every case at the

10 term for which it is entered on the court's docket for

" 11

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j:;

hearing

or

at

the

next

term."

.2..

~;~

All right. There's a motion. A VOICE: Seconded.

Is there a second?

14 !.....

GOVERNOR BUSBEE: Discussion. Representative Greer .

<zI:t
15 ~

REPRESENTATIVE GREER: Mr. Chairman, all I want to

":'")
16 ~ ask you is if they've not done anything, if they don't do

III
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17 : anything about it in either term, what happens to the case

18 then?

19

GOVERNOR BUSBEE: Chief Justice.

20

REPRESENTATIVE GREER: There may be a real answer I

21 don't know about.

22

GOVERNOR BUSBEE: The Chief Justice is going to

23 answer that.

24

CHIEF JUSTICE JORDAN: Under the present rules the

25 judgment of the lower court would be affirmed by operation of , I I

PAGE 155

law.

2

GOVERNOR BUSBEE: All right. Representative Buck.

3

REPRESENTATIVE BUCK: I may be confused, but I

4 don't see why this needs to be in the constitution. It seems

5 like it would be a matter that could be addressed by rules

6 of the court, of the Supreme Court.

7

GOVERNOR BUSBEE: Mr. Speaker.

8

SPEAKER MURPHY: I can tell you why, Mr. Buck,

9 because it's worked well for 200 years. They've had to do it

10 within two terms, and we don't want to get in a position where

11

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ejr:e

like we

do

in

the

Supreme

Court

of

the United

States

they

2

OIl

@);i could hold it one year and two years, three years, four years, and you sit there with your litigants hanging in mid air.

! 14 .I.-. That's the reason for it.

x~

15 ~

REPRESENTATIVE BUCK: Okay. Thank you.

";er;e,

16 ~ zoOIl

REPRESENTATIVE SNOW: Move the question.

~
17 lli

GOVERNOR BUSBEE: All right. Representative Jones.

18

REPRESENTATIVE JONES: For us nonlawyers, tell me

19 how long a term of the Supreme Court is.

20

JUSTICE CLARKE: Three terms per year.

21

GOVERNOR BUSBEE: You have three terms per year.

22 You have to have this in there; I don't think anyone would

B want to take it out because we could get in the same situation

24 you're in where you have a Supreme Court that can go five years.

25

All right. The motion is made and seconded.

PAGE 156

Any discussion on the adoption of Paragraph II of

2 the proposal?

3

If not, is there any objection to the adoption of

4 the paragraph?

5

Hearing none, Paragraph II is adopted.

6

MR. HILL: All right. Paragraph III again is for

7 further study. There was no official action taken on this.

8 This is the appropriations for the judicial system and the

9 court system revenues. That is on page 51, line 17.

10
III Z
11 ;::
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SPEAKER MURPHY: Yes, sir, that's the one -GOVERNOR BUSBEE: We have a problem with that. SPEAKER MURPHY: That's the MR. HILL: There was no official action taken because

14 ~I we didn't have a quorum on Friday when we got here, so that is

15

V:rI
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why

it

is

still

for

further

study.

III
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GOVERNOR BUSBEE: I'll bring you up on what the

Q

Z 17 ::

discussion was.

On that Paragraph III you have two sentences.

18 The last sentence needs to be in the constitution about

19 revenues derived from operation of the court system shall be

20 apportioned between the state and the local governments as

21 provided by law. That needs to be in the constitution and

22 it's there now.

23

But now the first provision is entirely new. Under

24 the present fiscal laws that we have the courts make the

25 recommendations to the Governor for whatever they need; he

j

PAGE 157

has to recommend that to the General Assembly, or submit it

2 to the General Assembly for their consideration; they now

3 have complete latitude in writing it.

4

Now, this provides that the General Assembly shall

5 annually appropriate sufficient funds for the operation of

6 the system for the next fiscal year, and for adequate

7 facilities. That would then leave it them.

8

I'm going to recognize Senator Broun.

9

SENATOR BROUN: I don't like the sufficient funds.

10 It's up to the General Assembly to appropriate as we see fit,

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11 i= not as the court sees fit for us to appropriate.
..'o."...

~ 12 ~

Every year they come over here with a budget that

~J~ we have to trim down, and this would fix it so that we would ! 14 ... have no control at allover their appropriations. We've yot

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15 o!J to get that language out of there, Hr. Chairman.

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~

funds"

If you'll take out the words "shall appropriate just take the word "sufficient" out it would be all

18 right, but I think the word "sufficient" in there, we need to

19 get it out.

20

SPEAKER MURPHY: You need to take out the word

21 "adequate" too, Senator.

22

SENATOR BROUN: Yes, I agree with the Speaker.

23

GOVERNOR BUSBEE: Let me just say for the Governor's

24 office, for executive branch, for lesislative you appropriate,

~s you have an appropriations bill, thero's nnthinq in thore

PAGE 158

about any particular appropriations for a department or a

2 division of government, so the first sentence is a new

3 sentence is a new sentence in the consitution.

4

SENATOR BROUN: I move we strike the first sentence,

5 Mr, Chairman, and leave --

6

GOVERNOR BUSBEE: The motion is to strike the first

7 sentence and leave the second sentence. Is there a second?

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: The motion is ~ade and seconded.

10 Is there discussion?

.."z
11 i=

Mr. Speaker.

.~..

@);i SPEAKER MURPHY: I differ -- I differ with you and Senator Broun on that. I think we need in the constitution

14 ~I that the General Assembly shall appropriate funds for the

z<C:

..15 oll court. I think that needs to be in there because I can
";)

16 ~... conceive in bygone days when we had that war between the

Q

Z

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17 :;

courts and the General Assembly

in

the

state

--

some

of you

18 may not be old enough to remember that, the Chief Justice

19 probably remembers that thing -- and I think they ought to be

20 something, I don't think we ought to have to say sufficient

21 funds or adequate facilities, but I think there ought to be

22 something in the constitution that the General Assembly shall

23 appropriate funds for the operation of the courts and for

24 facilities.

2S

I think that ought to be in the constitution, I

PAGE 159

agree with the committee.

2

GOVERNOR BUSBEE: All right. What's your motion?

3 This will be by way of a substitute to Senator Broun's ~otion

4 that you delete the first sentence.

5

SENATOR BROUN: I would like to revise my motion,

6 Mr. Chairman, and strike "sufficient" and "adequate" and

7 adopt the whole paragraph with those two words stricken.

8

GOVERNOR BUSBEE: It's seconded by the Speaker.

9 All right. Senator Stumbaugh.

10

SENATOR STUMBAUGH: Mr. Chairman, could someone tell

@;;11

"z
oi..a.=..:..

me presently what

the constitution says,

if anything,

in

regard to the last sentence which this states that revenues

derived from operation of the court system shall be

! 14 apportioned between the state and the local governments 3S

~

15

I:zII:
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provided

by

law.

What does the current constitution --

"a:
~
16 .~..

GOVERNOR BUSBEE: There's no provision in the

Q

17 gZ; constitution.

18

SENATOR STUMBAUGH: I had some concern, Mr.

19 Chairman, about this, because if by law we are going to

W apportion the funds to the local governments, if the General

21 Assembly some day is weighted heavily with urban interests

22 we may treat smaller jurisdictions unfairly, or vice versa,

23 the cities could be treated unfairly.

24

It worries me we're going to apportion this money

I

25

out and perhaps make some counties or some circuits puy more
J

PAGE 160

than others.

2

GOVERNOR BUSBEE: Who do you want to apportion it

3 if you don't want the General Assembly to?

4

SENATOR STUMBAUGH: I think we could put some

5 language in here that it be done by population or something

6 in these local areas; that gives you some say-so.

7

A VOICE: No, no.

8

GOVERNOR BUSBEE: You have to make a motion if you

9 want to make a motion now.

10

The first motion was on the first sentence in that

" 11

z
~

paragraph that you

strike

the words

"sufficient"

and

o.I.l..l..:

~;;

"adequate" from that sentence. That was Senator Paul Broun's motion and seconded by the Speaker.

! 14

All right. That's the first motion.

t;

15

:z:
q

entertain

your

motion

to

delete

that.

Then rIll

"I:ll:
16 ~... Q Z <I(
17 :;

If you want division, I'll so divide it. The motion is to strike the words "sufficient" and

18 "adequate" moved by Senator Broun and seconded by the Speaker.

19

SPEAKER MURPHY: Can I answer his question?

20

GOVERNOR BUSBEE: If that's on the last sentence.

21 Just hold up, I'm going to divide the question.

22

All right. Is there any objection on the first

23 sentence to that amendment?

24

Hearing none it's adopted, those two words are

25 stricken.

Now to the last sentence. Senator Stumbaugh, do you

2 move to strike the last sentence?

3

SENATOR STUMBAUGH: I got a sense of the committee

4 here, and

5

(Laughter. )

6

SENATOR STUMBAUGH:

but I certainly wouldn't mind

7 hearing the Speaker's reply so I can get an education.

8

SPEAKER MURPHY: The law is now, Senator, there are

9 statutes on the books that says how the revenues from the

10 court is apportioned.

CzI

11 oa..j..::..

For instance, in local fines and forfietures so much

@;I of it goes to the county and so much of it -- well, all of it goes to the county now, we've done away with the fee system

!.. 14 by everything except in my county, in my county my clerk's

':<z":l 15 .:l still on a fee system, she gets her part of what we call the

Ca:I ::>
16 .~.. o Z <l
17 :

insolvent court budget. state might share in it,

You put this in so without this

here, eventually the the state could never

18 share in any of the funds even though we do all the work and

19 get in all the cases.

20

GOVERNOR BUSBEE: You know there is a move for the

21 state to take over the pay of the judges that we referred to,

22 so that's one reason this is in here I think.

23

Okay. You don't make a motion, so is there ilny

24 other amendment to that paragraph?

Hearing none, I will now ask for the adoption of

PAGE 162

Paragraph III.

2

There was a motion to adopt Paragraph III; it's been

3 amended as you've just heard by deleting the words "sufficient"

4 and "adequate."

5

All right. Is there any objection to ordering the

6 previous question?

7

If not, is there objection to adopting the paragraph

8 as amended?

9

Hearing none, that paragraph is adopted as amended.

10

Next paragraph.

"z
11 j:

MR. HILL: All right. In Section IX, page 51, line

III

.2..

e);~!

27, this is the transition clause which was not approved last

time. It indicates that all the courts

It wasn't acted

14 ~I on last time.

:<zC:
15 .:

MR. HILL: The superior courts will continue as

"III
;:)
16 .~.. superior courts, state courts likewise, the .civil courts of

Q

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17 :l

Richmond and Bibb Counties,

the municipal courts of

Savannah

18 and Columbus will become state courts, probate courts will

19 continue as probate courts, juvenile courts will continue as

20 juvenile courts, and municipal courts would continue and be

21 denominated municipal courts, except for the City of Atlanta

22 shall retain its name, and courts and administrative agencies

23 having quasi-judicial powers would continue with the same

I

24 jurisdiction as these courts and agencies had on the

I

_CffC:t~ve date of the new constitution, and the county court". j

PACE 163

JP courts, small claims courts and magistrates courts

2 operating on the effective date of the article would become

3 and be classed as magistrate courts.

4

Paragraph II is merely a continuation of the judge-

5 ships in effect in this proposal, and Paragraph III is the

6 effective date of this article.

7

GOVERNOR BUSBEE: Representative Buck.

8

REPRESENTATIVE BUCK: Mr. Chairman, I would like to

9 amend. We've got this under consideration now?

10

GOVERNOR BUSBEE: Yes. Paragraph I.

"z
11 j:

REPRESENTATIVE BUCK: I want to amend Paragraph (3)

f.'"..

@;i where it relates to the municipal court of Savannah and Columbus, and my amendment is to --

14 !...

GOVERNOR BUSBEE: You're just talking about

':"z:
15 .!) Subparagraph (3) on paragraph

":'>" 16 .~..
az 17 :

REPRESENTA.TIVE BUCK: .Line 33, page 51. GOVERNOR BUSBEE: Go ahead.

18

REPRESENTATIVE BUCK: My amendment would be to strike

19 the word, change the word from "courts" to "court" and <11so

il

I

W change, eliminate the words "and Columbus" so that Paragraph

21 (3) will read "The civil courts of Richmond and Bibb Counties

22 and the municipal court of Savannah shall become and be

23 classified as state courts."

24

A VOICE: Why take out Columbus?

25

A VOICE: Local C1mendment.

I I

J

PAGE 164

GOVERNOR BUSBEE: He's seeking to remove Columbus

2 from being classified as a state court.

3

REPRESENTATIVE BUCK: The reason for this, we have a

4 state court in Columbus, Georgia, we also have a municipal

5 court, and we do not want to merge our municipal court into

6 the state court.

7

I don't know how this got in this article. Nobody

8 ever discussed it with us.

9

GOVERNOR BUSBEE: All right. Representative

10 Pinkston.

~ 11 j:

REPRESENTATIVE PINKSTON: Mr. Chairman, I would like

"f

III

~;I to move that the words "Bibb County" be stricken also, the civil court of Bibb County.

! 14

GOVERNOR BUSBEE: All right.

t;

z<C: 15 011

SPEAKER MURPHY: Can I ask a question of both these

~

:;)

16 ~ gentlemen?

III
zQ 17 :

What is the jurisdiction of your municipal court say I

18 in Columbus?

19

REPRESENTATIVE BUCK: The civil jurisdiction, Mr.

20 Speaker, runs -- I think it is $6,000 in civil cases and

21 criminal cases it gets warrants as issued from the sheriff's

22 department as a preliminary --

23

SPEAKER MURPHY: In other words, it does what both

24 the state court and magistrate's court does?

25

REPRESENTATIVE BUCK: Yes.

I
J

PAGE 165

SPEAKER MURPHY: What about yours, Mr. Pinkston?

2

REPRESENTATIVE PINKSTON: Civil jurisdiction of the

3 civil court is 35 --

4

GOVERNOR BUSBEE: See if Representative Rainey

5 turned the lights off. It's going to take a few minutes to

6 get them back on.

7

Appreciate your help.

8

REPRESENTATIVE PINKSTON: Mr. Speaker, we've got a

9 state court, we've got a civil court with jurisdiction of 35 --

10

GOVERNOR BUSBEE: Representative Reaves.

REPRESENTATIVE REAVES: Hr. Chairman, I'd like to

ask a question on Number (7) on page 52 where it changes all

these courts under magistrate courts.

Does that mean that any setup like small claims

court, it just changes the name only, no change in the judges'

qualifications or anything?

GOVERNOR BUSBEE: Representative Snow.

18

REPRESENTATIVE SNOW: Let me suggest here that what

19 we are doing in the transition is to try to group toqcthcr

20 all of those courts throughout the state that did not fall

21 into any particular category.

22

These courts in Richmond County and Bibb County,

n they had jurisdictional limits that more closely associated

24 themselves with either the state courts or with the

25 magistrates court, and we tried to combine them with the

PAGE 166

appropriate courts.

2

Otherwise if we don't put or make some provisions

3 for these courts then we have abolished those courts and

4 there is no provision for them otherwise. It's just trying

5 to give them something to do.

6

Now, if you've got one state court with a certain

7 jurisdiction, you've got a municipal, what you call a

8 municipal court with a lesser amount of jurisdiction but more

9 than what we will provide for a magistrate court, then you

10 would have in that county two state courts.

z\:I
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REPRESENTATIVE PINKSTON: Mr. Snow, it seems to me

2.'"..

~ 12 ~ that you are abolishing the civil court of Bibb County by

~r~ providing that it shall become and be classified as a state

14 :I: court. '" %
15 olI

REPRESENTATIVE SNOW: It will be an additional state

\:I

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16 ~... court that you will have.

Q

17

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~

as

you

need.

You can have as many state courts

18

REPRESENTATIVE PINKSTON: We don't need another statel

I
19 court. That's expensive and --

20

GOVERNOR BUSBEE: Just a minute. Now we're going to

21 go through the Chair.

22

All right. Representative Buck.

i

I

I

23

REPRESENTATIVE BUCK: Mr. Snow's point is well taken, I

24 I defer to my friend. The effect of this paragraph, the

25 effect of the amendment that I made which I would like to

I
J

PAGE 167

withdraw because it would have the effect of abolishing the

2 municipal court of Columbus.

3

I think if the gentlemen from Richmond and Bibb and

4 Chatham and Muscogee, if we could get together and put in

5 lieu of this paragraph that we want to maintain those courts

6 as they are presently constituted, let the staff perfect

7 some language to say that they shall remain as they're

8 presently constituted.

9

GOVERNOR BUSBEE: We're going to take a recess in

10 a few minutes while I get the conference committees -- we

" 11

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j:

have

two I

believe

that are going

to have

to work during

this

..Iol..l..:

@);~I

little recess we'll take in a few minutes is there any objection to skipping Subparagraph (3) of Paragraph I until

! 14 after the recess and let those four jurisdictions confer,

~

I

15

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0:1

but

be

prepared

to

come

back

because

most

of

these

people

I
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I I

16 ~... don't want to come back next week if we can avoid it, includingl

17

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~

me.

18

All right. Senator Kidd.

I

I

19

SENATOR KIDD: On page 52, paragraph (7), line 13, I,

20 I would like to clarify my information when they're taking

21 the justice of the peace, the small claims court and even

22 your county court, and they're all going to be called

23 magistrate court, who designates what they're going to do?

24

For example, the small claims area, would all the

~5 magistrates be handling small claims? will we be doing away

PAGE 168

with our county court because we have a magistrate court?

2 What's going to be happening there.

3

GOVERNOR BUSBEE: Representative Snow, will you

4 answer the question of how you handled this from the article

5 cornrni ttee?

6

REPRESENTATIVE SNOW: There will be what now?

7

~1R. HILL: The answer to your question is that the

8 jurisdiction of all these courts is to be provided for by

9 law and is to be uniform, and that was in Section III of the

10 article where the jurisdiction of the magistrate, probate

and state courts will be uniform as provided for by law,

and a general implementing statute would be necessary to

effectuate the jurisdiction of these lower jurisdiction courts.,

i

REPRESENTATIVE SNOW: And in doing that we will

I

I

I attempt to try to look at, with the implementing legislation

to look at all these courts and corne up with a happy medium

I

I

somewhere between them as far as magristrates courts are

18 concerned.

19

I would anticipate something like a jurisdiction of

20 1,5000 or $2,000 for magistrates courts: ~t might be somewhat

21 more than that.

22

We have some small claims courts that have more, but

23 some of those small claims courts that now exist would really

24 more qualify as state courts than they would as small claims.

25

GOVERNOR BUSBEE: Representative Colwell.

" ' - - - - - ----------_... - --- - - - - - _ . _ - - -- ---

J

PAGE 169

REPRESENTATIVE COLWELL: Say you've got a justice

2 of the peace and you've got a small claims court, would we

3 have to corne in with legislation to handle what they're doing

4 now?

5

REPRESENTATIVE SNOW: Not what they'rc doinq now,

6 no. They would continue to do as they are presently doing,

7 except we would have legislation that will give them

8 additional powers later.

9

As soon as the effective date it will go into effect,

10 sure, but all the courts will continue just as they are as

@;;11

uz
.~.oc..o...:

far

as

the

effective

date

of

this

constitution,

at which

time

those who are judges, JP's who are qualified by the Justice

of the Peace Training Council will become magistrates.

! 14 ...

Those who are presently called magistrates will

III

15

:r ~

continue

to

be

called

magistrates.

Some of your small claims

uco:

;:)

16 .~.. judges will become magistrates if they are otherwise

Q

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17

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::i

qualified

by

their

classification.

18

GOVERNOR BUSBEE: Does that answer your question?

19

SENATOR KIDD: It doesn't answer mine.

20

GOVERNOR BUSBEE: Senator Kidd.

21

SENATOR KIDD: You just made a remark if they're

22 qualified. Who's going to decide that about your small

23 claims court, and again if you -- are we going to have to have

24 passed legislation prior to the effective date of this

2S constitution in order to designate what ClrC<1S the m<1qistrate

PAC:!;; 170

courts are going to operate?

2

It looks like we're asking for utter confusion and

3 not clarifying anything with the way this paragraph (7) is

4 written.

5

HR. HARRIS: Mr. Chairman, if I may respond.

6

GOVERNOR BUSBEE: Representative Harris.

7

MR. HARRIS: Under the uniformity of jurisdiction

8 as proposed which would require uniform jurisdiction 'within

9 classes of courts, it is provided that the provisions of that

10 paragraph would be effected by a law enacted within 24 months

lJ

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following

the effective

date

of

the article,

wich means

that

~

.2..
12 ~ by July 1, 1985 the General Assembly would have to have

~r~ acted on the uniformity of the courts.

It gives the General

! 14 Assembly a substantial amount of time in which to consider

~
'"

%
15 .:I

the

uniformity provisions,

to

provide

for

these

classes

of

"'~"
16 ~... courts respectively, and it's not -- it should not create any

Q

17

Z :

chaotic

conditions

because

the

courts

until

the

General

18 Assembly acts by July 1, 1985 would continue to function as

19 they now do.

20

GOVERNOR BUSBEE: Senator Kidd.

21

SENATOR KIDD: Do you do this by local legislation,

22 a general statute? In other words, if you cannot pass a

23 general statute then the small claims court as such would

24 pass out of the picture, is that not true?

25

And second, I still go back to the implication that

PAta: 171
---- --------
was made by Representative Snow "if they are qualified."

2 That worries me, that term. Who's going to decide if they

3 are qualified?

4

MR. HARRIS: The General Assembly is going to decide

5 because the General Assembly will set the qualifications for

6 the various classes of judges.

7

GOVERNOR BUSBEE: Senator Thompson.

8

SENATOR THOMPSON: Realizing that each county

9 of the size of the county may have different needs, may

10' function differently, if the courts are working properly now

11

Iz:l ;

why don't

you

just

leave

them alone?

..'o"....

~ 12 ~

MR. HARRIS: Because they're not working properly

~r~ now. ! 14 ...

+" GOVERNOR BUSBEE: I don't think anybody think s the]"

'~"

.. 15

::t:

working properly now.

It's this hodgepodge that's been put

I:l

16

::>
~

together

the past 200 years,

Senator Thompson.

Q

z

<l:
17 :;

SENATOR THOMPSON: The representatives I hear

18 comment, they think it's working all right.

19

GOVERNOR BUSBEE: Representative Jones.

20

REPRESENTATIVE JONES: Mr. Chairman, I see Atlanta's

21 municipal court is specifically designated here, and I need

22 to know -- what court would become a state court -- dOQS that

23 mean that that judge would become a state judge, that sheriff

24 would become a state sheriff, that clerk would become a state

clerk'?

PA(;E 172

We have all of those levels of court.

2

GOVERNOR BUSBEE: In answer to your question, now

3 everybody up here s~ys yes, it does mean that he does become -

4

REPRESENTATIVE JONES: Does it mean we'll have two

5 state courts here, two state court clerks, and then

6 automatically have three state court judges because we've

7 got two state court judges now?

8

GOVERNOR BUSBEE: Speaker Murphy.

9

SPEAKER MURPHY: Why in the name of common sense,

10 Mr. Jones, would you have in Chatham County three courts with

!
11 i=
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0-
~;~ 14 !.. lit <l % 15 .:l "II< ::l 16 .~.. Q Z <l 17 ::;

three different sheriffs? Why would you not have one sheriff and then have everybody -- why would you want to pay three people to do what one ought to be doing?
REPRESENTATIVE JONES: There is Chatham County, and then there are 158 others. That's about the only way I can answer that .
I agree with you there are three levels right now,

18 but I just need to know what would happen to these.

19

MR. HILL: This relates to jurisiction of the courts

20 themselves. If the sheriff of that county is in existence

21 and you have a special sheriff of that court, I'm sure he is

22 provided for by law, his term, his appointment or whatever,

23 and that would continue, that would not be affected.

N

This is with regard to the jurisdiction of the court

25 itself, and that court would become a state court and would

PAGE 173

have the same jurisdiction as every other state court in the

2 state.

3

GOVERNOR BUSBEE: All right. Judge Beasley.

4

Let's have order.

5

Judge Beasley.

JUDGE BEASLEY: It is really not that difficult as 7 it may appear to you because our court went through the very

8 same experience when you in 1977 combined the civil court of 9 Fulton County and the criminal court of Fulton County, and

10 each had been operating for years separately, and it has

worked out just fine, the people have accommodated to it,

and the judges became the judges of one court, the state

court of Fulton County, and the same thing will happen here.

That is why we have given this period of transition so that

it could be worked out gradually and the transition will

occur over several years.

Obviously if you're going to simplify a system and I I

18 if you are going to bring it up to date and make it uniform

i

19 for everyone throughout the state, it is going to take a littlei

20 bit of readjustment, but we have allowed a period of time to do

21 just that, and there have been no bad repercussions in Fulton

22 County from you all doing that to us just very recently.

23

SPEAlmR MURPHY: Jud(je, do you ull have just one

24 sheriff in Fulton County?

JUDGE BEASLEY: Yes, we hAve one shc'ri ff, i1 ncl then

PAGE 174

the sheriff that operates in our court is a deputy, he's a

2 chief deputy sheriff, and that's how you would work it out.

3

GOVERNOR BUSBEE: All right.

4

A VOICE: What are you going to have, Sheriff Number

5 l, 2 and 3?

6

GOVERNOR BUSBEE: I don't think you would have any

7 problem in Chatham, the State of Chatham on that.

8

Okay. Now, you still need now on Subparagraph (3),

9 Bibb, Muscogee, Columbus and Savannah and Richmond to get

10 together? Is that correct?

"z
11 i=

REPRESENTATIVE SNOW: Let them <Jet together and work

2.'"..

~;i that out. GOVERNOR BUSBEE:

We'll skip Subparagraph (3).

! 14

Are there any other comments on any other proposals

$

15

% olI

in

this

Paragraph

I?

"~ '"
16 .~..

MR. HILL: We can delete Paragraph III about the

Q

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17

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:

effective

date because

it's

been agreed

that

the

effect

is

18 the same as the rest of the constitution.

19

GOVERNOR BUSBEE: I wasn't looking at the effective

20 date. I thought I was still on Paragraph I of Section IX.

21 Isn't that what I was on?

22

Senator Kidd.

23

SENATOR KIDD: Now, when we vote we will be voting

24 to keep Paragraph (7) as is?

~<;

If so, I would 1 ike to nlcJkc a motion that it nocds

rr--------------------------

PAGE 175

clarifying that we also hold up action on Paragraph (7), that

2 we need to go into more detail because it's going to cause --

3 in even 24 months' time you're not going to be able to clearify

4 the areas of what they can do or who's qualified to be the

5 judge or anything about it, but have a general mess.

6

SPEAKER MURPHY: I don't understand that.

7

GOVERNOR BUSBEE: I don't understand where that

8 appears in that Paragraph (7), Senator.

9

SENATOR KIDD: The whole thing is bringing forth a

10 problem.

z~
11 ;::
.'o."....

In other words, (7) is written in 24 months' time

~ 12 ~ it's going to have every county that has a small claims court,

~F~ a county court, a justice of the peace, you're going to end up

14 ~ with magistrate courts and not knowinq what's whilt or who's I-

'r"

15 0)) qualified

~

:':">

16 .~..

SPEAKER MURPHY: I don't see how that could possibly

oz

17 ::i help because it's going to become magistrate courts within 24

18 months we're going to provide jurisiction for where they'll

19 be uniform throughout the state. I don't see how that could i

i

20 possibly happen.

I

21

REPRESENTATIVE SNOW: Let me clarify one thin0.

22 You're going to have at least one magistrate court in every

23 county, but you can have as many as you may need.

SENATOR KIDD: They've got to pass a general bill of

they CZln do. You're qoinq to hilVC' .-1 problcM.

PAGE 176

REPRESENTATIVE SNOW: Our whole idea is to upgrade

2 these courts. We presently have a problem, we've got over

3 2,000 potential justices of the peace in this state;

4 fortunately they're not all in existence, but they could be,

5 so we are trying to eliminate problems.

6

GOVERNOR BUSBEE: Mr. Speaker.

7

SPEAKER NURPHY: You wouldn't have any problem with

8 adopting it because if the constitution is adopted you're going;

9 to have to adopt something or you'll be out of business, and

10 you ain't gonna want your folks out of business any marc than

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11 ;:
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~ 12 ~
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17 :;

I want my folks out of business, so there won't be no problem to adopt it.
REPRESENTATIVE SNOW: We're working on the implementing legislation.
MR. HILL: Representative Pinkston had a suggestion in Paragraph (7) which says the county courts -- there are only two county courts that this refers to, so it was suggested
I

18 they be delineated and that be -- In other words, we would

19 say that the county court of Echols County and the county

20 court of Putnam County, the justice of the peace courts, the

21 small claims courts and magistrates courts shall continue,

22 and then there was some confusion as to whether county courts

23 referred to state court of Bibb County or whatever, so that's

24 just a technical change.

GOVERNOR BUSBEE: It's just a technical change to

PAGE 177

delineate those two counties that constitute county courts.

2

You've heard it. Is there objection to the udoption

3 of that technical change?

4

If not, it's adopted.

5

All right. Now do you have any other proposul,

6 Senator Kidd?

7

SENATOR KIDD: I still think it needs clarifying.

8 I'm opposed to it, but go ahead and call for your vote.

9

GOVERNOR BUSBEE: Is there objection to ordering the

10 previous question on all of Paragraph I on page 51 except for

11

CzI
j:

Subparagraph

(3)

which we're going

to take up after the

.'oG".o.

~ 12 ~ recess?

~._-~

SENATOR KIDD: I object.

! 14 ...

GOVERNOR BUSBEE: Objection to orderinCJ the previous

'<"l

15

% oll

question?

CI
:':">
16 .~.. c Z

SENATOR KIDD: No, not on that .

<l
17 ~

GOVERNOR BUSBEE: No objection to the previous

18 question, it's ordered.

19

All right. Now, then, all those in favor of the

20 adoption of Paragraph I on page 51 except for Subparagraph (3)

21 rise and stand until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: Reverse your position.

24

(A show of hands.)

GOVERNOR BUSBEE: 17 to zero 111 the House; 12 to ()

PAGE 178

in the Senate. It's adopted.

2

All right. Paragraph II next. All right, we go to

3 Paragraph II on page 52.

4

A VOICE: Move its adoption.

5

MR. HILL: Okay. Now, we can finish up Section IX

6 if we'll just go go Paragraph II, the continuation of judges

7 on page 52.

8

GOVERNOR BUSBEE: Page 52. It will be Paragraph II

9 on page 52.

!

10

MR. HILL: This is merely a grandfathering in of all ['

11 ".~z., judges holding office on the effective date of the constitution

.o.....
~;j GOVERNOR BUSBEE: Is there a motion to adopt Paragraph II to grandfather in the judges?

i I,

.! 14 ...

A VOICE: So moved

~:z: 15 0:1

A VOICE: Seconded.

".~.,

16 ~...

GOVERNOR BUSBEE: Is there objection?

oz

17

~
:

discussion?

Is there

18

All right. Representative Jones.

19

REPRESENTATIVE JONES: If they could possibly be

20 elevated, then would they have a new four-year term as an

21 elevated judge? Is that not true?

22

SPEAKER MURPHY: No, sir. He would serve the

23 remainder of his term out there, then when he was elected for

24 a new term he would be elected for four years at that time.

REPRESENTATIVE JONES: Let me give you this example.

rr-----------------------

PAm~ 179
-------- -------

The municipal court judge of Chatham County next

2 year would be elected as a municipal court judge. If this

3 passes he would become a state court judge although he would

4 be a judge for four years, he would have been elected municipal

5 but would become state court judge.

6

SPEAKER MURPHY: That is correct.

7

MR. HARRIS: For the remainder of his term.

8

SPEAKER MURPHY: For the four years he's elected for'

9 is what he said.

10

GOVERNOR BUSBEE: For the remainder of his term is

~

"z

II ~ what it says, the remainder of term for which he's elected.

..o....

12 ~

Is there any other question?

~--. ~

If not, is there objection to the adoption of

14 ~ Paragraph II?

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15 ~

Hearing none, it's adopted.

":':">
16 ~

MR. HILL: Paragraph III is unnecessary because the

oz
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17 ~ effective date of this article is the same as the effective

18 date of the rest of the constution, and so that --

19

GOVERNOR BUSBEE: Is there any objection to n'l1lovinq

20 Subparagraph III?

21

Hearing none, it's deleted.

22

All right. Representative Buck.

23

REPRESENTATIVE BUCK: I don't know whether you want

24 to take a break or whether you want to take a conference

I

-'~111 ommlttee report,

-' -' 11

----

_.' --

Governor.

PAGE 180

GOVERNOR BUSBEE: Is it on Subparagraph III?

2

REPRESENTATIVE BUCK: If you'll look on your

3 no, sir, if you'll look on Item 5 on your light sheet rclilting

4 to exercise of equity power

5

GOVERNOR BUSBEE: All right. Get your thin package

6 and turn to page 5, that's on uniformity, classification of

7 property.

8

MR. HILL: This is page 43 of the draft, Paragraph

9 IV, exercise of equity power. The conference committee has a

10 report.

uz

11 ~

REPRESENTATIVE BUCK: The conference committee met,

.of...i.t.

@);~

both the House and the Senate conferees, and the report is unanimous that we adopt the language that's contained in the,

14 f:I: quote-unquote, Murphy constitution on page 2, Paragraph IV.

'<:"zC:
15

GOVERNOR BUSBEE: I don't have that.

"II<
::>
16 ~ rzi

MR. HILL: With the deletion of habeas corpus

<C
17 ::i

REPRESENTl>.TIVE BUCK: with the deletion of habeas

18 corpus.

19

I'll be glad to read it if you want.

20

GOVERNOR BUSBEE: You'll have to read it. I don't

21 I have it before me.

22

REPRESENTATIVE BUCK: I thought everybody kept all

23 this material.

24

Paragraph IV, the exercise of judicial power.

~~ Each court may exercise such powers as necessary in ai~ of

------, PACE 181
----- ------------------------------------- ----
its jurisdiction or to protect or effectuate its judgment,

2 but only the superior and appellate courts shall have the

3 power to issue process in the nature of mandamus, prohibitions,

4 eliminating the words habeas corpus, specific performance and

5 injunctions. Each superior court and state court may gront

6 new trials on legal grounds.

7

GOVERNOR BUSBEE: Hold up just a minute and let 8e

8 see something if you don't mind.

9

Is there a second to the motion?

10

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12

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15 0)

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A VOICE: Seconded. GOVERNOR BUSBEE: All right.
(Pause. ) REPRESENTATIVE COLEHAN: Seconded. GOVERNOR BUSBEE: I think you need to make 0 correction there. We were conferring on it, and where it says each superior court and state court may grant new trials on legal grounds, you wanted to insert the words "trial

18 court," didn't you, Mr. Speaker?

19

SPEAKER MURPHY: wait a minute now. Are you going to

20 let a justice of the peace or a magistrate grant a new trial?

21

REPRESENTATIVE BUCK: Are you talking to me:>, f'1r.

22 Speaker?

i

I

23

SPEAKER MURPHY: 1 1 m asking him if he's going to havej

I

24 a justice of the peace who don't like his decision, are you

I
i

going to let him grant il new trial?

i

J

- - - - - - _ . - -- - - - - - _..

PACE 182

A VOICE: Each judge of court of record would take

2 care of it.

3

GOVERNOR BUSBEE: Hr. Snow.

4

REPRESENTATIVE SNOW: All right. In Paragraph VII

5 on page 44 --

6

SPEAKER MURPHY: Could we get all of this one first?

7

REPRESENTATIVE SNOW: We're still on this?

8

SPEAKER MURPHY: Yes.

9

REPRESENTATIVE SNOW: All right, sir.

10

GOVERNOR BUSBEE: I want us to make sure, I wi1nt us

to know what we're doing here.

The provision, and I'm going to let -- Robin, do you

want to explain the change that's been made from what we

intially had?

We're striking the words "habeas corpus" I know from

what was in this page --

MR. HILL: In Paragraph IV instead of exercise of

18 equity power, it will be exercise of judicial power, and it

19 will be each court may exercise such powers as necessary in

20 aid of its jurisdiction or to protect or effectuate its

21 judgments, but only the superior and appellate courts shall

22 have the power to issue process in the nature of mandamus,

23 prohibition, strike "habeas corpus," specific performance

24 and injunctions; then add this last sentence "Each superior

and sti1te court may grant new trials on legal grounds."

rr----------------- ----------

PAGE 183

GOVERNOR BUSBEE: All right. I don't know whether

2 you understand what the change was that he had. All it does,

3 it struck habeas corpus which we I think more or less all

4 agreed on before, it adds one sentence that says each superior

5 court and state court may grant new trials on legal qrounds.

6 Is that correct?

7

SPEAKER MURPHY: It changes that word from "equity"

8 to" judicial. "

9

GOVERNOR BUSBEE: It changes the word "equity" to

10 "judicial" what we said before.

..1z:1
11 i=

Senator Lester.

..o.....

~ 12 ~

SENATOR LESTER: Then we miqht have one or two

~._.~ courts that might not fall into that as we examine, reexamine

! 14 the other paragraph.

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.. 15 .:> 1:1

How about saying court of record? Wouldn't that

::>

16 .~.. accomplish the same thing?

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17 g

GOVERNOR BUSBEE: All right. Senator Lester, let me

18

I just talked with the one who offered this, and he agrees

19 to insert what you have said as a catch-all, and it would

W read this and if everybody will pay attention we miqht be

21 able to move on.

22

Instead of saying each superior court and state

n court may grant new trials on legal grounds, have it inserted

24 it would read this way:

~)
L_

Each superior court and stZlte court <lnd other

PAGE 184

courts of record may grant new trials on legal grounds, and

2 that would take care of yours.

3

with no objection that's the motion. Is there any

4 discussion?

5

Hearing none, it is so amended.

6

All right. Let me get that insert, it's in other

7 courts of record.

8

SPEAKER MURPHY: Judge Beasley wanted to be heard on

9 that.

10

I JUDGE BEASLEY: I would like to point out that the ,

~

I

11 ;: effect of what you're doing, if you limit it to superior courtsi

lit

~

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12 ~ and state courts and don't include other types of trial courts

~r~ like the new magistrate court, you are precluding the

I
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! 14 ... magistrate court from granting a new trial when it appears on

':-z"c:

15 .:I motion for a new trial that there ought to be a new trial in

"lit
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16 .~.. that court, and you could therefore cut out the delay that is Q Z
17 : caused when you have to go to a higher court.

18

So I'm not saying that this has anything to do with

19 de novo because it doesn't; all it does is allow there to be

20 a new trial when it appears to the court that tried the case

21 in the first place that there was error.

22

SPEAKER MURPHY: It says each superior court, trial

23 court and court of record. If it's a court of record, they

24 can do it.

25

JUDGE BEASLEY: If you say "or trial courts," then I

J

PAGE 185 ....--------------------------------------------
any court including that new magistrate level would be able

2 to do it, so that you could avoid the necessity of going --

3 if they couldn't grant a new trial you automatically have to

4 go to the superior court, and that's unnecessary.

5

SPEAKER MURPHY: I suppose, Judge, that in

6 magistrate courts they're going to fix it so like we have

7 justices of the peace now, since they're not lawyers they're

8 going to be able to hear cases and decide it themselves.

9

JUDGE BEASLEY: But there will be many magistrate

10 courts that will be able to, because they have lawers, hold

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11

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a

new trial

then on

legal grounds.

~ 12 ~

I think you're just limiting it unnecessarily, and

(@)r~ if you leave it to trial courts generally then you can li~it

! 14 it by law rather than by constitution. ~ '"

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15 o!l

SPEAKER MURPHY: If you're saying a magistrate hears

"IX
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16 oz~ a case and makes a decision, somebody files for a new trial
17 ::i and he don't like the decision he made, he can grant ~ new

18 trial and try it again and hear it again.

19

JUDGE BEASELY: On legal grounds.

20

GOVERNOR BUSBEE: Does anyone make a motion on what

21 Judge Beasley is talking about where it now reads as amended

22 each superior court and state court and other courts of record

23 may grant new trials on legal grounds?

24

That's the way it now reads. We have stricken the

25 words "habeas corpus," and we have chLlnqed the word "equity"

PAC;E 186

to "judicial." Is that correct?

2

MR. HARRIS: That's correct.

3

GOVERNOR BUSBEE: With those changes, does anybody

4 desire to make an amendment?

5

If not, is there objection to ordering the previous

6 question?

7

Hearing none, is there objection to the adoption of

8 Paragraph IV as amended?

9

Hearing none, it's unanimously adopted.

10
"z
11 ~

1 Number V.
REPRESENTATIVE PINKSTON: When are we going to take

.'2"..

break?

I SPEAKER MURPHY: Nr. Chairman, I've got one other I

~;i! I 14

.~..

thing

that

I

would

like

to bring up,

and

I

talked

to

the Chief II

~

15

:I: o:l

Justice

about

it

this morning

--

I

did

not

have

a

chance

to

I

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I

16 ~... talk to Chief Judge Quillian -- the other day Mr. Barnes,

i

Q

17

Z :

Senator

Barnes

was

badly

upset

about

the

fact

that

you

COUldn"

i 18 bring a third party defendant in who lived in another county.

19

Of course that's never really worried me because I I

20 always sue everybody in sight if I've got a chance myself 21 anyhow, I don't leave nobody out if I'm going to sue somebody,

22 but I have a proposal to add in the venue section at the
23 appropriate place, a paragraph which would read, whatever
24 paragraph it is that would read other responsible party
I ~5 defendants. The General Assembly may provide by law for the
_J

PACE 187

bringing into court of named defendants, by named defendants

2 of responsible parties other than those named in the case as

3 defendants without regard to the residence of such responsible

4 par:ty.

5

That takes care of it, it means the defendant will

6 be able to bring somebody else in if he says he's responsible

7 if he lives in another county.

8

I can't conceive of a plaintiff bringing a lawsuit

9 myself without bringing everybody in that might be possible

10 myself, but I guess there are lawyers who ain't been educated

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11 i=
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12 ~
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! 14 ~ '" %
15 .:.
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16 .~.. Q Z
17 ~

like that. CHIEF JUSTICE JORDAN: This would give the right to
the defendant to bring in the other party. GOVERNOR BUSBEE: That's Senator Barnes' concern. SPEAKER MURPHY: It takes care of his concern as you
and I discussed this morning, Mr. Chief Justice . CHIEF JUSTICE JORDAN: Yes, I think so.

18

SPEAKER MURPHY: I would like to move we adopt that

19 and that pe put in the appropriate place.

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: The motion is made and seconded.

22 Discussion.

23

Any discussion? Hearing none, is there objection to

24 the adoption?

Hearing none, it's unanimously adopted.

PAGE 188

All right. Now we're on

2

SPEAKER MURPHY: Some of you all tell Senator Barnes

3 we did that, please.

4

A VOICE: Yes, sir.

5

GOVERNOR BUSBEE: We are back to

Mr. Harris.

6

MR. HARRIS: Mr. Chairman, there was a great deal of

7 discussion concerning amendments concerning the probate courts

8 last Friday, and the fact that currently probate court judges

9 in counties having populations of lOp,OO or more are required

10 by statute to be lawyers.

" 11

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j:

There were some amendments proposed that would fix

.'oG".o.

~;i back into the constitution and there are differnt kinds of jurisdictions.

14 !...

In those counties that have state courts, probate

'r"

15 .: courts cannot handle misdemeanors or traffic cases that might

"'";;)

16 .oz~.. be misdemeanors, they're handled in the probate courts, and

17 : I would like to propose -- we would, Hr. Hill and I would

18 like to propose a potential solution that you will have to

19 follow me a little bit in order to arrive at where we would

20 like to go, and it also -- if you would look at pages 44 and 21 46, and I want to talk to you about first on page 46 under 22 classes of courts of limited jurisdiction, I would like to 23 throw out for your consideration that we eliminate the word M "probate" in the first sentence, the magistrate, probate, and

25 let it read:

PAGE 189

The magistrate, juvenile and state courts

2

shall have such, and add in the word "uniform

3

jurisiction" as provided by law. Probate courts

4

shall have such jurisdiction as now or hereafter

5

provided by law, and add the words "without regard

6

to uniformity."

7

This would permit differing jurisdictions within

8 various probate courts, including the continuation of those

9 probate courts, those few, three or four or whatever they

10 are that still act as the governing authority of a county,

11

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and

if

you

agree

to

that

then

you'll

need

to go back

to

12 ~ Paragraph V on page 44 --

@rt

GOV,ERNOR BUSBEE: Just a minute, before you leave it

! 14 ... where we can all perfect it -- I had most of it -- the 'x"

15 ~ magistrate would read now, what you have --

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16 .~..

HR. HARRIS: It would read: The magistrate,

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17 ::i juvenile and state courts shall have such -- add the word

18 "uniform"

jurisdiction as provided by law.

19

Then at the end of the next sentence add the words

W "without regard to uniformity," so that probate courts shall

21 have such jurisdiction as hereafter or now provided by law

22 without regard to uniformity.

23

GOVERNOR BUSBEE: Now go back to page 44 --

24

MR. HARRIS: Then you would need to go back to page

~5

44--

PAGE 190

REPRESENTATIVE COLWELL: Mr. Chairman, am I right

2 you are taking care --

I have the two in my district

3 that are the governing authority.

4

MR. HARRIS: You will have to -- you possibly --

5 well, you see, they will continue to have the jurisdiction

6 as now or hereafter provided by law, so they would continue

7 to be the governing authority of the county until you change

8 it.

9

REPRESENTATIVE COLWELL: Nothing will prohibit them

10 from staying like they are now?

11 ";z::

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2

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12 ~

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MR. HARRIS: No. GOVERNOR BUSBEE: No problem with that. Go to page 45. MR. HARRIS: Then you go to page 44, Paragraph V,

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15 .:l where it says uniformity of jurisdiction, powers and over-

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16 ~ lapping jurisdiction, and add in at the beginning right before

1M

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17 :

the courts,

put. "except as provided in Section III,

Paragraph

18 I, the courts of each class shall have uniform jurisdiction."

19

GOVERNOR BUSBEE: Getting back, it's in Paragraph V

20 at the top of page 44. Read that again.

21

MR. HARRIS: You would add the words "except as

22 provided in section III, Paragraph I, --

23

GOVERNOR BUSBEE: Whereabouts would you add it?

24

MR. HARRIS: Right at the beginning of the sentence,

25 right before "The courts of each class shall have uniform

jurisdiction."

.._ _. _ - - - - - -

2

GOVERNOR BUSBEE: All right. It will be except

3 as provided in Paragraph

4

MR. HARRIS: In Section III, Paragraph I, which is

5 the one we were just talking about.

6

GOVERNOR BUSBEE: Okay. What you're saying I think

7 would accomplish what you want and others wanted there, but it

8 would require a joint motion which would say what he said

9 on page 46 without repeating it, then you would have to

IO qualify Paragraph V on page 44 to accommodate it, and that

11

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would accomplish what you want.

@;;."oa.."..

All right. Is there a motion to that effect? SENATOR HOWARD: I so move. Without restating it,

! 14 I so move what Mr. Harris just stated. f'" :r

15 ~

GOVERNOR BUSBEE: All right. It's moved that the

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16 .~.. change on page 46 and the change on page 44 as outlined by

Q

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17 g; Mr. Harris be adopted.

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: And there is a second.

20

Now is there any discussion?

21

Hearing none, is there any objection?

22

Hearing none, it's unanimously adopted on page 44

I

23
24

and 46.

MR. HARRIS:

tJ Mr. Chairman, continuing on in both

jI
!
vein and sepClrately in other matters, I Vlould like to pilSS out

a proposal that relates to Article VI, Section VII, Paragraph

2 II.

3

GOVERNOR BUSBEE: Give them the page numbers first,

4 then we can follow that.

5

MR. HARRIS: I'll do that if I can get somebody to

6 pass these out.

7

Section VII, Paragraph II which is on page 49 --

8

GOVERNOR BUSBEE: Turn to page 49.

9

Does everybody have the handout now? It's a single

10 sheet, she's passing them out. Hold up your hand if you don't

"z
II j: have it.

.'o."....

~;I one.

Mr. Johnson doesn't have it, Mr. Ross doesn't have Anybody else doesn't have one?

14 ..~....

(Pause.)

I

I

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15 0)

MR. HARRIS: Mr. Chairman, a great deal of discussio~

":'":J

I

16 ~... was likewise generated last Friday with respect to qualifica-

Q

Z

17 : tions of all manners of judges.

18

There was a concern by Senator Littlefield as I

19 recall with respect to active state bar membership, and also

20 there was a concern about the probate court judges in counties ,

21 having 100,000 population or more, and we would like to suggestl
I
22 to you that you consider this as an alternative to that

23 Paragraph II on page 49 to provide that appellate and

24 superior court judges shall have been admitted to practice law I

25 for seven years, {b), state and juvenile court judges shall

J

PAGE 193
-----------
have been admitted to practice law for five years; (c)

2 probate and magistrate judges shall have such qualifications

3 as provided by law, provided, however, that probate and

4 magistrate judges who have not been admitted to practice law

S shall complete periodic judicial training as prescribed by law

6 as a condition of holding office; (d) that all judges shall

7 reside in the geographical area in which they are selected to

8 serve, and I want to add an (e) that would say the General

9 Assembly may provide by law for additional qualifications

10 including minimum residency requirements.

11 ;"z:

Now, it is our belief that under the provision that

@;;..'o".... has already been adopted in the legislative article as I recall on population bills that permits population bills above a

! 14

I-
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certain figure

or below

a

certain

figure

that

the

present

l<1w

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IS ~

"'";:) with respect to probate court judges by population having to

16

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a

be

lawyers would

remain

in effect,

and the General Assembly

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17 ::;

would be free should it so choose in the future to reduce that

18
to 50,000 or 75,000 or whatever, and we would like to think

19
that this would resolve the many areas of concern that existed

20 last Friday.

21
GOVERNOR BUSBEE: Let me see if I understand.

22

They have your sheet you passed out addressing these

23 concerns with Paragraphs (a) through (d); you added (e) and as

24 I understood you to say, and I might not have it copied right,

the General l\ssembly m<1 provicle by lilW for minimum rcsicl<'l1cy

194
rr------------------------
requirements.

2

MR. HARRIS: For additional qualifications, comma,

3 including minimum residency requirements.

4

GOVERNOR BUSBEE: Read that again then.

5

MR. HARRIS: The General Assembly may provide by law

6 for additional qualifications, comma, including minimum

7 residency requirements, it being our belief that if matters

8 such as those raised by Senator Littlefield, the active

9 practice of law or active members of the bar or whatever are

IO more appropriately addressed by the General Assembly in

:CzI:I
11 j: legislation as against putting them in the constitution.
.'o."....
@);I GOVERNOR BUSBEE: All right. You have heard the addition of (e).

! 14 ... VI :<rl
15 ~
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16 .~.. a:z: c 17 ~

All right. Representative Colwell . REPRESENTATIVE COLt-JELL: Mr. Harris. MR. HARRIS: Yes . REPRESENTATIVE COLWELL: On (c) you say that probate

18 -- well, magistrate, but I'm interested right now in probate -,
l
I 19 shall have such qualifications as provided by law; then you go
I 20 on, provided, however, that probate judges who have not been

21 admitted to practice law shall complete periodic -- Are you !

22 saying that they've got to, all my probate judges have got to

23 take law courses?

24

MR. HARRIS: No, sir. ~'1hat it's saying is that the

25 General Assembly may in its wisdoT'l provide that probate iudqcs

PAGE 195

and magistrate judges be required to take periodic judicial

2 training. It doesn't mean you have to go to law school

3

REPRESENTATIVE COL~mLL: It says shall complte

4 periodic judicial training.

5

GOVERNOR BUSBEE: That's where you can have people

6 that are not lawyers --

7

MR. HARRIS: As prescribed by law.

8

A VOICE: He wants to put "may" in there instead of

9 "shall."

10

REPRESENTATIVE COL~lELL: Hill I have to come in if

11

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I'm still here after all

this,

and I

doubt

it,

will

I

have to

..'o"....

@;I come in and will this be a general bill or can I do this by local bill? What will be

14 ~

HR. HARRIS: It will be by general bill, and the

~
':<z":l 15 .:, idea of course is that probate judges do in fact pass on many

CI

'~"

16 .~.. things of a judicial nature with respect to wills, the probate

o

Z

17

<l
:

of wills,

the

administration of

estates,

and

it is

not beyond

18 the realm of reason that the General Assembly will want to

19 provide for some minimum study courses that justices of the

20 peace do now. They're required to take some judicial training

21 and be certified if they're not lawyers.

22

GOVERNOR BUSBEE: This is in lieu of requiring them

23 to be lawyers, that you could specify just like you do for othe's

24 that they have periodic training. They do not have to be

25 lawyers.

PAnE 196

MR. HARRIS: CPA's have to take two weeks additional

2 training every two years. There's not a thing in the world

3 wrong with giving you the authority in order to -- for the

4 benefit and safeguard of the people to require that persons

5 holding judicial offices that are not lawyers have to have some

6 judicial training from time to time.

7

It's just we're legislating here for the future and

8 hopefully for the benefit of the people, and not the people

9 holding the offices.

10

REPRESENTATIVE COLWELL: I agree with that, but what

11 ~"z I'm saying is if we're going to do that, it ought to be left

.oI...I..:

~;;

to local -- if they're think they ought to be

satisfied with them in my county I
left. I just don't see the state tellin~

! 14 ... one county or my county what to do.

I

'~"
:I:
"..15 01) ;;)

MR. HARRIS: You know, it's just a philosophical

I

I 16 ~... difference I feel like judicial office-holders ought to be, az

17

~
:

or

the

General

Assembly

ought

to

have

the

authority

to

require

1

IB minimum studies.

I
i

19

II
I believe the real estate profession has to maintain

20 a course of continuing education, and I don't see anything

I

21 wrong with it for the probate court judges.

!
!

22

A VOICE: I move its adoption.

23

GOVERNOR BUSBEE: Representative Reaves is next.

24

REPRESENTATIVE REAVES: I would like to ask Mr.

25 Harris

Mr. Harris, don't the probate judges have to go for

PAGE 197

two weeks training period now every year, and is that not what

2 you're requiring here basically?

3

MR. HARRIS: Hhatever the General Assembly requires. '

4

REPRESENTATIVE REAVES: You already have that.

5

SENATOR KIDD: Mr. Chuirman.

6

GOVERNOR BUSBEE: Senator Kidd.

7

SENATOR KIDD: I move we delete Paragraph (c) as it

8 applies to probate and magistrate judges.

9

Now the reason for this is just what has been stated,'

10 that we are moving right back to where the recommendation as

a

11

CzI
;:

you

recall

that

you had

to be

a

judge

to hold,

had

to be

an

..Iol..l..:

~ attorney to hold any judgeship. He were able to change that,
12

i,I

~~~ but you're moving back into the same direction, and I feel that!

! 14 ... we have qualified people, that they in most cases have studied!

'<"C(

15

:r otl
CI Ill:

or required to take a

certain amount of

training,

that a

lot ofl
I

::>

16 ~... the salaries are so low that for them to go off and what a

Q

Z

<C(
17 :

general bill -- how rember,

ladies and gentlemen,

a

general

I.
I
I

18 bill is one that you have one vote input, and it could be a

19 tough bill that in small counties probate judges and

w magistrate judges could not ever qualify, so you're putting

21 yourself out of business if you pass this the way it is going.

22

I do not see where it's necessary to put this in at

23 this time when you changed it just a week ago.

24

MR. HARRIS: Mr. Chairman, I reluctantly beg to

2S differ with the distinguished Senator from Baldwin, but what

PAGE 198

what was adopted and not spelled out as an A, B, C, 0 or E

2 where it's easily read last week was qualifications. All 3 judges except those of magistrate or probate courts shall

4 have been admitted to practice law; appellate and superior

5 court judges for seven years, and state and general court

6 judges for five years; those magistrate and probate judges 7 who have not been admitted to practice law shall complete

8 periodic judicial training as presribed by law as a condition

9 of holding office.

10

That is there right now, that's in place.

" 11

z
j:

'2"

All we're suggesting is that if you want to leave

~;I= it that way that's fine with me, I was trying to broaden the General Assembly's authority with respect to additional

.

! 14 ... qualificatons that you might want to add to cover the situatio

~z

15 .:l raised by Senator Littlefield that they had to be active

"'";:)

16 .~.. of the bar or whatever, and to give you the authority to set I

Q

17

Z
:

additional

qualifications

including

rninmimum

residency

I I

18 requirements.

19

GOVERNOR BUSBEE: Representative Colwell.

20

REPRESENTATIVE COLWELL: Going back to that, I could

21 see you probably putting in the probate and magistrate judges

22 are going to have qualifications as provided by law, but the

23 rest of that, I would like to move that we strike that because

24 you don't have that in the constitution for anybody to come

.'s

bilek, you don't hilVC that:in thC' conr;t.it.ul::inn on 01(' sl1('rirr~~

rr---------------------------that you're talking about, you don't have that in the

2 constitution, you have it in statute law, and you could do the

3 same thing in statute law, but I just -- I think I take a lot

4 of exception to putting this into the constitution.

5

SPEAKER MURPHY: The gentleman is correct, Mr.

6 Chairman. It's already in the law.

7

As a matter of fact

8

GOVERNOR BUSBEE: I think the Speaker is right.

9 I interrupted you, but I think you're right it's already in

10 the law is what he's saying.

Iz:l 11 a~:
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12 ~
~~ --~ ~
! 14 ... '<"l :I:
15 .:
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16 .~.. c Z <
17 ~

SPEAKER MURPHY: It's already in the law. GOVERNOR BUSBEE: Let me ask one question to kind of clarify it. If you have provided probate and magistrate judges shall have such qualifications as provided by law, period, as suggested, couldn't you require it by statute anything you wanted there, Mr. Harris?

18

REPRESENTATIVE COLWELL: That's what I'm sayinq.

19 That's all I'm saying, but I can't see putting this in the

20 constitution. We can provide by law -- if they so choose then

21 ! '11 have to live by it or my people, but I just can't see

22 because you're going to put your probate judges in the

23 constitution when there's --

24

GOVERNOR BUSBEE: You move?

, --,

pr:PRr'~~-:;ENT1\TIV1,: COL\\lI,:r.L: T mov('.

r r - - - - - - - - - - - - - - - - - ----- - ----__

PACE 200

GOVERNOR BUSBEE: All right. The move is that you

2 have paragraph (c) to read as follows:

3

Probate and magistrate judges shall have such

4

qualifications as provided by law, period.

5

All right. Is there a second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: There is a second.

8

All right. Is there discussion?

9

Hearing none, is there objection to amending sub-

10 paragraph (c) to read as I just read?

z\:I 11 j:
.~.....
~;i (e).

Hearing none, it's unanimously adopted. All right. Now then the motion is on (a) through Hr. Harris read (e), and is there further discussion on

! 14 ... the main motion?

'z"

15 .:I

All right. Senator Ballard.

\:I
':":>

I
I

16 .~..

SENATOR BALLARD: I have one question on your reZlc1i nq

Q

Z

17 ~ of (e).

18

You said that the General Assembly shall have the

19 power to set qualifications including such. I always found

20 that when you're construing these things and you come down

21 to construction of them that limits. Wouldn't it be better

22 to put in there in this not limited to such and such? I

23 would just feel a lot better with that wording because it

24 always tends to limit when you come up with ",h,lt's foll,),,jn<!.

~1r.. !!l\T~IUS: Tnclucljjnq, hllt nol li.mih'd to II\;nillilim

PACE 201

residency requirements?

2

SENATOR BALLARD: That's correct.

3

MR. HARRIS: I have no problem with that.

4

GOVERNOR BUSBEE: You move that?

5

SENATOR BALLARD: I so move.

6

GOVERNOR BUSBEE: All right. Now then let's read it

7 as he amended it. Mr. Harris, read Subparagraph (e). You all

8 pay attention.

9

HR. HARRIS: "The General Assembly may provide

10

by law for additional qualifications, including but

z\:l

11 i.oc.=.o...:

not limited to minimum residency requirements."

~g r:1i4!

SENATOR BALLARD: That's right. A VOICE: So moved. GOVERNOR BUSBEE: Is there objection to the actoption

~

'<x"II

15 .:I of this amendment by Senator Ballard?

c\:ol:

~

16 .~..

Hear ing rone, it's adopted .

Q

Z

17 g<II

All right. Now we go back to the main motion,

18 Paragraph II as amended. Is there further --

19

A VOICE: Moved.

20

GOVERNOR BUSBEE: He's moved the adoption. Seconded?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: Further discussion?

23

Hearing none, is there objection to the previous

24 question?

25
lL...-

Hearing none, is there objection to the adoption of
_

PAGE 202

Paragraph II as amended?

2

Hearing none, Paragraph II is adopted.

3

Representative Pinkston.

4

REPRESENTATIVE PINKSTON: Mr. Chairman, before we

5 leave this article on the area of venue on page 45 --

6

GOVERNOR BUSBEE: Turn to page 45.

7

REPRESENTATIVE PINKSTON: Page 45, Paragraph VI

8 headed All Other Cases, I would like to move that we insert

9 after the word "resides;" on line 33 the wording, quote,

10 venue as to corporations, foreign and domestic, shall be as

.."z
11 ~
..o....
~;i 14 ~ I'" % .".15 01) ;;)
16 ~... D Z
17 ::

provided by statute. GOVERNOR BUSBEE: Restate that. REPRESENTATIVE PINKSTON: Venue as to corporutions,
foreign and domestic, shall be as provided by statute. A VOICE: Second the motion. SENATOR HOWARD: What about by law? GOVERNOR BUSBEE: Do you mind making that "by law"?

18

REPRESENTATIVE PINKSTON: Provided by law.

19

GOVERNOR BUSBEE: All right. The motion is that we

W make an insert on line 33 after the semicolon appearing ufter

21 "resides" the following language: "Venue as to corporations,

22 foreign and domestic, shall be as provided by law."

23

Now there is a second.

24

A VOICE: Seconded.

25

GOVERNOR BUSBEE: Is there discussion?

J

PAGE 203

Hearing none, is there objection to the adoption of

2 the amendment?

3

Hearing none, the amendment is adopted.

4

All right. Now that was an amendment to Paragraph

5 VI that's been previously adopted. Is there objection to the

6 adoption of the paragraph as amended?

7

Hearing none, it's adopted.

8

All right. Senator Greene.

9

SENATOR GREENE: Governor, I would like to amend on

10 page 48, Paragraph VIII dealing with lines 31 through 34,

1z.7

11

~
..'o."....

and

I

have passed the amendment out about an hour and a

half

@~~I or two hours ago on everyone's desk. GOVERNOR BUSBEE: What's your motion?

! 14 ~ '~:"z:

SENATOR GREENE: That Paragraph VII be amended to

15 .:I read as follows:

1.7

:'">

16 ~...

"Admission to the State Bar of Georgia;

cz

~
17 ~

discipline of attorneys. The Supreme Court

18

shall b, rule govern admission to the State Bar

19

of Georgia unless otherwise provided by statute."

20

I don't object to the word "law," it doesn't make

21 any difference.

22

"The discipline of attorneys shall be

23

governed by rule of the Supreme Court."

24

GOVERNOR BUSBEE: All right. Let me ask the Chief

25 Justice and Justice Clarke, do you have a copy of the amendment?

PAGE 204

A VOICE: Is there a second to the motion?

2

GOVERNOR BUSBEE: Wait just a minute. What we have

3 is first whether we reconsider the adoption of the parZlqr.lph.

4 lUI right.

5

Now, the Senator has stated what he proposes to add

6 after you reconsider, if you reconsider. The motion is that

7 we reconsider our action in the adoption of Paragraph VIr at

8 the bottom of page 48, line 31 is where it starts on page 48.
9
All right. Now the Chief Justice would like to spea
10
to your motion to reconsider the action on the adoption of
that. All right. Mr. Chief Justice.

CHIEF JUSTICE JORDAN: Mr. Chairman, this matter was

debated at length on last Friday

GOVERNOR BUSBEE: About an hour.

CHIEF JUSTICE JORDAN:

and both the House and

Senate voted to leave the admission to the bar as it stunds

now which is in the hands of the Supreme Court.

18
We debated the pros and cons of it, and the Speaker

19
I believe withdrew from his orginal position that it be

20
amended to provide for admission by statute. I would earnestl

21
solicit this Overview Committee to reject the motion to

22 reconsider and to leave the admission to the bur as it now

23 stands. We think the Supreme Court has provided reasonable

24
rules and has done a good job in handling the admission to

25 the bar, and I would earnestly hope that this body would

J

PA(~E 205

reject the motion for reconsideration.

2

GOVERNOR BUSBEE: The motion of Senator Greene is to

3 reconsider. Senator Greene.

4

SENATOR GREENE: Governor, I think the Chief Justice

5 has stated the fact that we obviously discussed this issue

6 last week, and there was some debate as to some interpretations

7 of some case law and what the rules were. We talked primarily

8 of the issue of admission to the bar.

9

Representative Pinkston pointed out that the students

10 at Mercer had been told that this was the last year that

CzI
11 j: seniors would be allowed to take the bar exam.
.'o"..

WI
12 ~

The Speaker pointed out that there was a statute

~J~ ~~ that we passed in 1974 that controlled that issue.

! 14 ...

There was a case that was cited by Harrison in their

'<"t

%

15 .:. version that had a crazy case note to it, and so I have qone

:'':"">

16 ~ back and pulled the rules of the Supreme Court, I have read WI Q

Z <t
17 ::i the cases, and I think there is a very valid reason why we

18 need to consider this statute.

19

The amendment that I have proposed doesn't mandate

20 anything, it just gives some more flexibility to the General

21 Assembly, and that's what we're trying to do in a lot of ways

22 in this constitution.

23

The rules of the Supreme Court dealing with bar

24 exams as was in last year's pocket part stated the exact

25 language of Speaker Murphy's law as passed in '74, and that

PAGE 206

is that applicants in their last two quarters or last semester

2. may take the examination and, if successful, will be

3 certified for admittance to the bar after graduation.

4

The rule that is presently found in the pocket part

5 specifically is void of that language. There are a couple

6 other changes about three years of college versus two, 400

7 hours of classwork, classroom time as opposed to 360, but the

8 law now specifically says that you have to have this new

9 board to determine fitness, which is a new board and I think

10 it's good, and who makes the educational requirements.

1:1

Z
11 i=

The educational requirements say three years of

..'o"....

~;I

college and completion of the requirements of law school. There is no provision in there -- I don't think the Supreme

! 14 Court has been interpreting the rule that way, but it clearly I'"<l( :r
15 ~ is void of the language that is in statute.

"':":l

16 .~..

It is clearly changing from two to throe' yC,lrs dnd

Q

Z

<l(

17 ::; some other things I really don't have issue with.

18

I then went back and pulled the cases and there are

19 basically three cases, the Webster case and the Newer and

20 there's another one, and the essence of those cases is that

21 the Supreme Court of Georgia has ruled that because of the

22 lead sentence of Article VI which says we invest the judicial

23 power in the Supreme Court that they by that constitutional

~ sentence can void any statute that we pass de~lin9 with

i
I

2S admission to the bar, and that's specifically what those

J

cases have held.

2

In other words, the statute we passed in 1974, Mr.

3 Speaker, the Supreme Court of Georgia has ruled is void by

4 case law because the first sentence of the constitution gives 5 them the inherent power, and this is the argument that was

6 going on a few minutes ago between President Pro Tempore

7 Holloway and Justice Clarke about the inherent power, that

8 is the case law that that comes from, and that's what it

9 comes by.

10

Unless we specificially put something in the

11

"z
i=

constitution

which

is

presently void,

says

nothing on

the

.'ol".L.

~ 12 ~ issue, then we will be proscribed by rule of the Supreme

~r~! Court that we can't pass a statute dealing with that.

14

I think it is important we do something. This

15

:o~ zn: .:.

language

is

some

compromise

language

as

opposed

to

the

~ "'"
16 ~ original language that the Speaker offered in his article

Q

17

z :

which

was

admission

to

the

state

bar

shall

be

prescribed

by

18 law.

19

This language says the Supreme Court shall do it by

20 rule unless we as members of the General Assembly come back

21 and prescribe something different by law, so it still gives

22 them the basic control, it gives us a check and balance,

23 and that's all it's designed to do.

24

GOVERNOR BUSBEE: Justice Clarke.

25

JUSTICE CLARKE: Mr. Chairman, let me just treat

PAGE 208

two points on this issue.

2

The first one as to the present rule, the court

3 takes the position that the February bar is still available

4 for third-year law students; the Court takes the position

5 that any change of the rule has to do only with the business

6 of being actually admitted and licensed to practice, which

7 as I understand it has been the rule all along.

8

We do not have any agitation to my knowledge of any

9 sort whatsoever within the Court to do away with the February

10 bar examination for third-year law students.

~ 11 j:
...aDo<. ~ 12 ~
~r~
.. 14 !... 'x"
15 .)
"D<
;;)
16 .~..
..Q
Z
17 :

Now, the second thing is whether or not admission to the practice of law should be a matter handled by the Supreme Court or a matter handled by the General Assembly, or handled by both of them .
Really it is not so much the right of the person who is applying to take the bar examination or to be admitted to the practice of law as it is the right of the people to know

18 that they are going to be represented by lawyers who are

19 competent to provide legal representation for them.

20

Now, there have been times, admittedly before

21 Senator Greene's time, but there have been times when people

22 would actually lobby before the General Assembly to get a

23 special change made which would allow them to be admitted to

24 the practice of law.

25

PAGE 209

if we got to the point that political efforts were being made

2. by persons who either themselves wanted to be admitted to

3 practice, or a son or a nephew or a grandson or whatever.

4

As it stands now the whole procedure is administered

S by a Board of Bar Examiners which as far as I know has been

6 compltely above an~ suspicion of any political activity or

7 wrongdoing whatsoever in all the years that it's been under

8 the Supreme Court, it's being done well.

9

The February bar examination as far as the Court is

10 concerned will continue unless there would be a way the bar

examination could be given in the summer with the results

being announced almost immediately. Perhaps with some

advances in technology that might be a possibility in the

future.

I urge you to let this be a part of the administra-

tion of the judicial branch because the people who are going

to be admitted are going to be officers of the court, and the

18 Court needs to be able to have some control over who will be

19 its officers.

20

GOVERNOR BUSBEE: Mr. Speaker.

21

SPEAKER MURPHY: Mr. Justice Clarke, you don't

22 seriously contend before this body or any other body, do you,

23 sir, that the mere act of passing a bar examination makes one

24 competent to be a good lawyer?

2S

JUSTICE CLARKE: No, sir, I don't contend that.

PAGE 210

I have practiced law for a lot of years as you know, and I

2 know that there are a lot of areas of law in which I could

3 not claim competence, and I would say that until your very

4 last day in law practice you're improving your competence.

5

I would say though that there is at least a minimum

6 level of competence that has to be insisted upon, and I think

7 that level can best be established by people who are dedicated

8 to the proposition of devising a bar examination and giving it

9 to people not based on somebody lobbying for it, but rather

10 a professional sort of approach.

I!I Z
II j:
o..'."...
~;I

said the section,

SPEAKER MURPHY: The Chief Justice is right when he other day that I withdrew my motion to amend this but what Senator Greene has said disturbs me to no

! 14 ... great (sic) extent -- to no little extent -- that you '" % IS distinguished members of the Supreme Court have decided to

I!I

'";;)

16 ~... ignore the statute that says you can take it six months prior

oz

17 :

to graduation,

but you

still wouldn't be admitted to

the bar

18 until you graduated. It disturbs me no little that you all

19 would ignore the express will of the General Assembly that's

20 been on the record for five years or six years.

21

I would like to hear the Justice's explanation, son,

22 if you'll bring him the microphone back.

23

JUSTICE CLARKE: Mr. Speaker, I do not remember the

24 exact language of the statute, but it is my undersLlndinq

25 that throughout that entire period even though third-year law

PACE 211
-------_._. ----
students were allowed to take the bar examination the

2 admission did not take place until after the graduation, and

3 for one very good reason. The results of the bar examination 4 don't corne out until after the graduation.

5

SPEAKER MURPHY: You will recall you and I both took

6 it long before we graduated.

7

JUSTICE CLARKE: I admit those were different times

8 and we did things different ways. You're absolutely right.

9

SPEAKER MURPHY: It was our junior year, we took it

10 and passed it.

JUSTICE CLARKE: That may very well be right.

SPEAKER MURPHY: The thing that worries me as it now

stands -- I'm thinking out loud and I would like to hear your

side of it -- as it now stands the average ordinary citizen

being a member of the General Assembly has some input into

what the qualifications of taking the bar exam are going to

be.

18

As this stands, nobody but lawyers, being you people

19 on the Supreme Court, will have input as to who will be allowed

20 . to take the bar, and it worries me to some extent that you

.21 might make it so difficult that the average ordinary citizen

22 as they used to say back in the old days where you required

23 law school graduation wouldn't have an Abraham Lincoln, and

24 my answer was who needed any more Abraham Lincolns, but I

don't know where we're qoinq to be.

PAGE 212

It's like somebody said one time we get in the

2 position of the fox is watching the henhouse now.

3

JUSTICE CLARKE: I understand the Speaker's concern,

4 and I'll say to him this, and I also would understand his

5 concern if he and I had to take the bar examination today

6 because I'm not sure what the results would be, but never-

7 theless the

8

SPEAKER MURPHY: I'm glad you said that because I

9 looked at one of those sample bar examinations and it's qot

to the multistate thing on it, they give you five questions,

II

"z
i=
~ ..o....

and

I

looked at

them,

and I

wrote

the Georgia

law down

for

~ 12 ~ four of them, and the Georgia law was right but the answer

~ri ~,as wrong on the mul tistate.

! 14 I..-.

JUSTICE CLARKE: Nevertheless, the real answer to

4(

%

15 o!) the question is this: It depends on whose rights you're

"~
::>

16 .~.. looking to. Are you looking to the rights of son~body to

a

Z

4(

17 : take the bar examination and practice law because he happens

18 to be an average citizen, or are you looking to the protection

19 of the general public, the five and a quarter million pooplc

20 in Georgia who are going to be represented by lawyers, and

21 the real responsibility of bar examiners, courts or whoever

22 else may administer the admission to the bar is to assure the

23 people of Georgia that they will be represented by people who

24 have at least a minimal degree of competency.

25

I think the Board of Bar Examiners has illustrated

they can and are doing this. I would hate to see it get to

2 the point where people would be lobbying for special means

3 of being admitted and perhaps lower the standards of protection

4 the public has had.

5

MR. HARRIS: Mr. Chairman.

6

GOVERNOR BUSBEE: Mr. Harris.

7

MR. HARRIS: Mr. Chairman, I'm sure that many of you

8 sitting here will recall as do I that we had a very dear

9 friend who was a member of the House, he took the bar and

10 failed on several occasions, introduced a bill that provided

11

"z
...

that

any

person who

had

served

as

a

member

of

the

House

of

.'o0"....

a~~1

Representatives for at least six years, had taken the bar at least four times and failed would automatically be admitted

! 14 ... to practice

':z":

15 .:I

A VOICE: That was not me!

"~ '"

16 .~..

HR. HARRIS: And the bill almost passed .

17 goz

GOVERNOR BUSBEE: Judge Beasley, then I'll come over

18 here.

19

JUDGE BEASLEY: One thing that I'm afraid we are

W perhaps losing sight of is the fact that it is the courts

21 that are the forum, the primary forum for the practice of

22 law. The judges see the lawyers day after day, and that is

23 primarily where they practice. Consequently, it is the judges

24 themselves who can observe the level of compotcllC'j' of 1,1\\'\'l'1-~:>, I

25 and if they feel the rules should be upgraded in any way to
J

PAGE 214

assure the highest competency of lawyers that we can achieve

2 in this state, then that's where it should be.

3

GOVERNOR BUSBEE: Thank you.

4

Senator Greene.

5

SPEAKER MURPHY: Let me answer that before he says

6 anything.

7

On the other hand, Judge, it's practicing lawyers

8 who observe the competency of some judges -- not you now you

9 understand -- but some judges in this state ain't got no

10 business sitting up there too.

.."z
11 j:

GOVERNOR BUSBEE: Now Senator Greene .

o

A-

IM

~ 12 ~

SENATOR GREENE: Governor, I don't want to belabor

~r~ the point.

I want to bring up a couple of things to try to

! 14 ~ get the issue in perspective.

'"
:r

..15 ~
":;)

I don't for an instant doubt the integrity of the

16 ~ justices and how they're presently interpreting the rule. 1M

Q

17

Z
:

All

I've

got

in

black

and

white

in

front

of

me

is

the

rule

as

18 published by the Supreme Court of Georgia that does not now

19 provide for a senior in law school to take the bar exam.

20

Now, they may have adopted it and didn't realize

21 what it says; it may be a printing error that a whole part of

22 a paragraph got left out; it may be that -- what I'm concerned

23 is that we're not taking politics out of this, Justice, if

24 that's what you're worried about.
2S ______ ~o_"~unately that billdi~n't_~aS"---_~d,,-n't think_J

PAGg 215

you should worry particularly this day and age with media

2 so tuned in to sweetheart type legislation, but what we're

3 doing is we are changing the arena from a group that I think

4 represents a broader spectrum of the people to a very elite

5 group of lawyers. Most members of the state bar of Georgia

6 don't even really get on the inside of the state bar political

7 structure and those people who would get appointed to this

8 state board to determine the fitness of bar applicants and

9 the state Board of Bar Examiners; it's a whole different realm

10 of politics, it's much more isolated than if we allow the

Czl

11 ;: General Assembly only the mere ability to change something if

.'o."....

~;I

we saw fit, but it would give you still the right to govern it by rule and regulation, and I think it is a matter of

! 14 ... whether you want to give the right to the people which is the '~" :r
15 ~ General Asse~bly or the right to the very elite group of

Cl

'";;)

16 .~.. lawyers to control it

Q

Z

~

17 :

This other issue is I cite from the Huber case

18 written by Justice Ingrham, and he cites the Wallace case

19 as the Sarns case, and in these two cases the court

20 unconditionally asserted its inherent power to govern the

21 practice of law in this state, and they in essence have said

22 whatever statutes we pass are void based on that first

23 sentence in the constitution, and unless we put a sentence

24 in here to give us the right to do something hy statute we

j

25 Wi_l_l_n_o__t_~~~e ~_~~~ ~~~~=_ty, and that's all I'm askinq is that _

PAm;; 216

we have that ability.

2

GOVERNOR BUSBEE: Is there any objection to ordering

3 the previous question on the motion to reconsider? Any

4 objection?

5

If not, the question is ordered. All those in favor

6 of the motion to reconsider your action rise and stand until

7 you're counted.

8

(A show of hands.)

9

GOVBRNOR BUSBEE: Reverse your position.

10

(A show of hands.)

" 11

z
i=

GOVEPNOR BUSBEE: All right. On the passage of the

'f."..

~;~

motion to are five;

reconsider, in the House the ayes are ten, the nays in the Senate the ayes are nine, the nays are seven.

! 14 The action is reconsidered.

~

':"z:

15 ~

I'll entertain a motion.

"'";;)
16 .~.. Q Z
17 :

SENATOR GREENE: I move the adoption . GOVERNOR BUSBEE: He moves the adoption of what he's

18 pointed out to you. Is there a second?

19

It reads: "The Supreme Court shall by rule

20

govern admission to the State Bar of Georgia

21

unless otherwise provided by statute."

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: The discipline shall be governed

24 by rule of the Supreme Court.

I

I

25

The motion is made and seconded.

J

SENATOR GREENE: I call the question.

2

GOVERNOR BUSBEE: Objection to ordering the previous

3 question? If not, it's ordered.

4

All in favor of Senator Greene's proposal rise and

5 stand until you're counted.

6

(A show of hands.)

7

GOVERNOR BUSBEE: Reverse your position.

8

Wait. Excuse me, I'm sorry. The Lieutenant

9 Governor is not finished counting the Senate.

10

SPEAKER MURPHY: I ain't counted either.

"z

II t-
."'o".-.

GOVERNOR BUSBEE: All in favor of Senator Greene's

@);i motion rise and stand until you're counted. (A show of hands.)

! 14 t-

GOVERNOR BUSBEE: Reverse your position.

':~"r

IS ~

(A show of hands.)

"'"::>

16 .~..

GOVERNOR BUSBEE: On the passage, the ayes in the

Q

Z

~

17 ~ house are 11, the nays are three; in the Senate the ayes are

18 ten, the nays are seven. It's adopted.

19

MR. HARRIS: Mr. Chairman, may I ask the Senator if

20 he would mind if we change the word "statute" to "law" to

21 conform

22

SENATOR GREENE: No objection.

23

GOVERNOR BUSBEE: Any objection to the technicZll

24 change from "statute" to "law"? Hearing none, it's approved.

2<;

I'm. IIl\RRIS: nr. Chairm"n, I would "Iso like for

PAGE 218

the record to clarify the fact that the gentleman I referred 2 to took the bar exam the next time and passed it and hus been 3 a very capable lawyer practicing ever since.

4

GOVERNOR BUSBEE: Now, then, is there anything else

5 on Article VI?

6

Representative Snow.

7

REPRESENTATIVE SNOW: In Paragraph VI, Mr. Chairman-

8

GOVERNOR BUSBEE: Give me the page number.

9

REPRESENTATIVE SNOW: Page 44. It will corne at

10 the end of the sentence on line 25 --

.."z
11 j:

GOVERNOR BUSBEE: Just stop right there.

..o....

~;I

look at page 44, line what? REPRESENTATIVE SNOW:

Line 25.

Everybody

! 14 ...

GOVERNOR BUSBEE: All right

'r"

"..15 olI ;:)

REPRESENTATIVE SNOW: It's Paragraph VII, to udd

16 .~.. the words that were in the original recommendation, and I'm

Q

Z

17 g; not sure why they were omitted, but I think they should be

18 included in here, and that is the '~bolition of a judgeship

19 shall be effective only upon the death, resignation,

20 retirement or conclusion of term of the term of the

21 incumbent. That would fix it where we could not abolish a

22 judgeship during the term.

23

SPEAKER MURPHY: The Governor was the one that

24 suggested taking that out.

25

REPRESENTATIVE SNOW: I don't think it ought to be

-----------------

I'Al;l'; 219

taken out.

2

He's been elected. I don't recall the Governor bein

3 opposed to that.

4

SPEAKER MURPHY: Aren't you the one that suggested

5 taking it out?

6

GOVERNOR BUSBEE: You've got somebody that's elected

I
7 it's a seven-year term and they just stay there; right?

8

REPRESENTATIVE SNOW: It's ~ seven-year term?

9

GOVERNOR BUSBEE: What your motion is

10

REPRESENTATIVE SNOW: My motion is to reconsider.

Czl

II a~:
.oa....

GOVERNOR BUSBEE: His motion is to reconsider.

~ 12 ~ Is there a second to the motion to reconsider?

~F~

Is there a second? The Chair hears no second. It

14 ~ dies for lack of a second.

~

':z":

15 o!)

All right. Anything else on Article VI?

Ca:l

:;)

16 ~

All right. We're now in kind of this posture.

Q

z

<l

17 ~ We've completed VI. Now where do we stand on what's out-

18 standing? Let's kind of all bear with us and try to get

19 through today rather than come back another day next week.

W

This is what I'm going to take up now what's out.

21 Mel, what do we have out?

22

I'm. IIILL: We still have Subsection III in Section

23 IX which the people involved wi 11 have to qot together (In

24 the municipal courts in Columbus. That is the only thinq

25 outstanding in the judicial article.

PAGE 220

GOVERNOR BUSBEE: What?

2

MR. HILL: In the judicial article the only thing

3 outstanding is on page 51, line 32, the transition section.

4

GOVERNOR BUSBEE: All right. That's the one on

5 page 51 about those courts in those four counties.

6

All right. We're going to take it in an orderly way

7 of everything that's out, and then we'll take a recess ~nd

8 try and perfect it today, or either come back next week, so

9 if you'll just bear with us we'll try and perfect it.

10

All right. The next thing.

"z
11 j:
..oa..:..
~;I ! 14 ... ':"r: 15 .:J
"lIl:
;)
16 ~... Q Z
17 :

HR. HILL: The other things that are outstanding to be considered are Numbers 7 through 12 on the short sheet, and the conference committees are Number 8 on Article VII, Section II, Paragraph II, and
GOVERNOR BUSBEE: Let's slow down, Mel, and let everybody keep up as to everything that's outstanding .
You've got the first one that's on page 51 I believe

18 it was, Subparagraph (3) that we passed over in the judicial

19 article on those four counties.

20

NOW, the next thing we have if you'll turn to your

21 short sheet, the page with the index, we have items 7 through

22 11 as I have that are still out.

23

MR. HILL: 7 through 12 are still out.

24

GOVERNOR BUSBEE: Where do we stand on item 7?

2S

MR. HILL: Item 7, there is something in the package

PAC;g 221

which is a staff redraft of that, so all we have to do is

2 consider that when we get back.

3

GOVERNOR BUSBEE: ~'Je are prepared to do that right

4 after we come back right after recess; right?

5

MR. HILL: Yes, right.

6

On Number 8 we do have a conference committee on

7 this Article VII.

8

GOVERNOR BUSBEE: Who's on this conference con~ittee

9 on Paragraph VIII? It would be Article VII, Section II, so

10 that's going to be Barnes, Holloway and Howard, and Burruss,

~ 11 j:
.'oD".o.
~ 12 ~
~r~ ! 14 ... ':"r 15 o!I
l:I
:'">
16 .~.. Q Z
17 ~

Collins and Lee. MR. HILL: Yes. GOVERNOR BUSBEE: All those people present? A VOICE: Barnes isn't . SENATOR HOLLOWAY: We've got a Legislative Service
Committee meeting that three of us are on . GOVERNOR BUSBEE: We have some important items. I

18 would like the Legislative Services to meet, and I would like

19 for me to meet with the

I think we ne(:~d to qet throuq!1

20 today if we can, unless we can come back on Tuesday and

21 Wednesday if you want.

22

Looking at Item 8, I'm going to try and keep this In

I

23 order now so everybody knows what's happening, we're qoinq

24 to try to work it out this afternoon. Item 8 --

I

2S

J MR. HILL: That's right, a confer0nce committee of

PA<;!'; 222
and~~ Barnes, Holloway and Howard, and Collins, Burruss
2 so --

3

GOVERNOR BUSBEE: Barnes, Holloway and Howu.rd,

4 Burruss, Collins and Lee.

I

5

MR. HILL: And somebody could probably be appointed

6 to replace Barnes.

7

GOVERNOR BUSBEE: Mr. Lieutenu.nt Governor, who would

8 replace Barnes?

9

SENATOR HOLLOWAY: He'3 on the Legislative Services

10 too.

"z
11 ;::
..'o."...
~;I

GOVERNOR BUSBEE: Who? SENATOR HOLLOWAY: Barnes. GOVERNOR BUSBEE: Can't you all defer on the

! 14 ... Legislative Services Committee?

':"r 15 ~

SENATOR HOLLm7AY: Ask the Speaker.

"'";;)

16 ~...

GOVERnOR BUSBEE: Mr. Speaker, would you rather th~

o

Z

<l

17 ::; Legislative Services Committee meet now and us meet on Tuesday

18 and Wednesday on this?

19

SPEAKER MURPHY: It's my understanding we have a

20 special session coming up on the 24th, there's been some rumor

21 of that, and there are some regulations or some rules that we

22 need to get together and decide what we're going to do in the

23 next special session also, and some of these folks are wanting

24 to fly home as soon as they get through here.

i
!

I

25

REPRESENTATIVE COLEMAN:

Some

of

us

h~vc Got

to

Cll

r'l

.

v

e

Ii
l

J

GOVERNOR BUSBEE: If you want to come back on the

2 constitution, I'm available Tuesday and Wednesday.

3

SPEAKER MURPHY: I ain't.

4

GOVERNOR BUSBEE: Or if you want to complete it,

5 let's go then. That's what I'm asking you.

6

A VOICE: Let's go on then, and we can meet when we

7 get through.

8

GOVERNOR BUSBEE: That's what I was suggesting, yes.

9

I'm going back, I gave you what was outstanding on

10
.."z
II i=
..o....
~ 12 ~
~r~ 14 ~ tV> <l ::I: .. 15 ~ " ;) 16 .~.. Q Z 17 r<;l

Subparagraph (3). Going now to your short sheet, Item 7 we're pre-
pared to present to you when you come back; Item 8 we need a new conference committee, someone
to replace Senator Barnes, and that's the onl:c: on exempt ions from taxation of property. That would leave Holloway ~nd Howard to be there, and Collins, Burruss and Lee are all present.

18
LT. GOVERNOR MILLER: Senator Broun.

19
GOVERNOR BUSBEE: That will be Paul Broun who \dll

20
who will replace him.

21
A VOICE: Meet down in my office.

GOVERNOR BUSBEE: He' re qoinq to qo clown tu t lv'
23
Item 9.
24
MR. HILL: That is in this packaqe, Number 6
2S
COVTmNOR 13tJS13EJC:: Are 'j'ou !J!'C!'(ll'C,(j to pre~;('nt i L?

PAl;/<; 224

HR. HILL: Yes.

2

GOVERNOR BUSBEE: Item 10.

3

MR. HILL: Item 10 is a conference commi tte(' report

4 that is in this package as well as up front, and so we're

5 ready to go with that one.

6

GOVERNOR BUSBEE: Item 11.

7

MR. HILL: Item 11 is a conference committee report,

8 Lester, Tysinger, Holloway, Collins, Pinkston and Reaves, on

9 the revenue bonds special limitations.

10

GOVERNOR BUSBEE: We don't have a report on that?

"z
11 i=
.'oQ"...
~;j

MR. HILL: No report. GOVERNOR BUSBEE: All right. committee out would be Lester, Holloway

The other conference and Tysinger, Collins,

! 14 .~.. x 15
"'~ "
16 .~.. Q Z
17 :

Pinkston and Reaves, and that will be on your revenue bonds, your special limitations.
That's all the items outstanding that I have nlarked; is that right?

18

HR. HILL: Yes, except Number 12 is the articles

19 that haven't been considered at all which are mis~ellancous

20 amendments to the constitution.

21

GOVERNOR BUSBEE: He are prepared to move forward

22 with that.

23

All right. Does everybody know what conference

24 committees they're on?

25

All right. Now in order to get through this

J

PAGE 225

afternoon, you want to come back at 4:30 and try to get throug

2 in about thirty or forty minutes. This would give them time t

3 meet.

4

Now I want to hear from the conference committee.

5 Is that adequate or inadequate?

6

REPRESENTATIVE BURRUSS: We're going to try.

7

GOVERNOR BUSBEE: All right. We will be in recess

8 until 4: 30

9

(A brief recess.)

10

GOVERNOR BUSBEE: All right.

."z
11 i.oc=.o.:

Just one second, let me do this. Would the door-

~;I

keeper announce we're back in session and try and round up the members of the Senate and the House, the members of the

! 14 commission?

I-

'~:"r

ISo!)

Do you want to withdraw your motion on Subp<1 r"q raph

"co:
::>
16 .~.. Q Z <
17 ::i

(3) ?

REPRESENTATIVE GALER: Subparagraph (3), line 32,

18 I would withdraw the motion to delete Columbus. In other

19 words, leave Columbus in there.

20

GOVERNOR BUSBEE: What page is that on?

21

REPRESENTATIVE GALER: PClCJC 51.

22

GOVERNOR BUSBEE: Okay. The motion is -- well,

23 actually we had a motion that we postpone this, which wo have,

24 and now you have withdrawn your objection to Subparagraph (3).

25 Is this what you're saying?

-------------
REPRESENTATIVE GALER: I withdraw my objection to

2 the word "Columbus" being in there.

3

GOVERNOR BUSBI:E: 1\.11 right. Wha t Llbout Riclmond

4 County?

5

REPRESENTATIVE GALER: I don't know where they Llre.

6 They may still be out.

7

REPRESENTATIVE CONNELL: Hr. Ch<lirman, we hilvC' been

8 meeting during the break, and we have some language that we

9 would like to be included that in effect would leave the

10 courts as they are now in existence until chilnqcd by lilw.

"z
11 ;:

GOVF.RNOR BUSBEE: Where is that 1(mqui1C}0 so! mic:ht

IX
o.Q...

~ 12 ~ look at it?

~)~

REPRESENTATIVE CONNELL: Hr. Lester had it

! 14 momentarily.

~
':~z":
15 .:>

GOVERNOR BUSBEE: We'll try to get him back in here

"IX
::>
16 ~... and try and finish up by six if we can.
az

17 g~

A VOICE: He's in another conference committee,

18 Governor.

19

GOVERNOR BUSBEE: We'll just have to suspend nn th,lt

20 until we get the language.

21

Senator Greene.

SENATOR GREI:NE: Governor, Gurlen Sli1yton is

23 drafting some language; we're (joiner to do (l simi Ii ar t h i nq

24 in Bibb County that allows the mechcmism to keep its st:lt-liS

25 quo.
J

2 51.

GOVERNOR BUSBEE:

PACE 227
(3)~ That's on Subparagraph

3

SENATOR GREENE: The language is being prcpZlrcd.

I

4

GOVERNOR BUSBEE: All right.

5

(Pause. )

6

GOVERNOR BUSBEE: All right. We are waitinq now

7 for

Are there any of these conference committees thZlt we

8 can dispose of now, or any business we can proceed with now,

9 or should we just suspend for a few minutes?

10

SPEAKER MURPHY: Mr. Lee, would you go out in the

11

CzJ
j:

hall

and

ask

the House

members

to come

back

in

the

committec,

.o.'."...

~ 12 ~ please, sir? Would you do that for me?

~r~
! 14

GOVERNOR BUSBEE: I thought he would, Mr. SpcZlker. MR. HARRIS: We could if you wish proceed on

t-

'<

15

J: .:l

Number

7.

":'">
16 .~.. c

GOVERNOR BUSBEE: Let's go over to these wind-up

Z

17

<l
::i

articles

we've

not

even

considered.

Proceed, Mel.

18

MR. HARRIS: Mr. Chairman.

19

GOVERNOR BUSBEE: Mr. Harris.

20

MR. HARRIS: Mr. Chairman, if you'll recall on

21 Number 5 of the small document it relates to pagc 5 of thr

22 small document which is Number 7, but pilCJr 54 of tho bi<:

23 document.

24

GOVERNOR BUSBEE: That's page 5 of the littl"

25 document, and page what of the big document?

PAGE 228

MR. HARRIS: 54.

2

GOVERNOR BUSBEE: Page 54.

3

MR. HARRIS: The concern was that the utilities not

4 be set aside as a separate class of property, and we would

5 like to propose what is included on page 5 to make it clear

6 that the different classes of property in (b) (1) and (b) (2)

7 including motor vehicles and mobile homes, and then putting

8 down a new -- moving the reference to the utilities to (c),

9 and simply putting back in here what is now in the present

10 constitution.

~ 11 j:
2

GOVERNOR BUSBEE: Mr. Harris, that was inadvertent

III

~~ i that meets my objections that I've made, but I know it was

inadvertent.

14 I
~

You're looking on page 5 of the small document, Mr.

0(

15

:I: o!)

Lee.

It
':":3
16 ~ III zQ

REPRESENTATIVE LEE: Page 5 of the small document?

17 :

GOVERNOR BUSBEE: Yes, Mr. Lee.

18

REPRESENTATIVE LEE: What did you want me to do with

19 it?

20

SENATOR BALLARD: I so move.

21

GOVERNOR BUSBEE: Mr. Ballard moved the adoption of

22 the redraft that staff did pursuant to our instructions.

23

It's seconded by Representative Johnson, Rudolph

24 Johnson.

25

Is there any discussion on it?

PAGE 229

If not, is there any objection? Hearing none, it is 2 unanimously adopted.

3

All right. Go ahead.

4

MR. HARRIS: We do have a conference committee

5 report, the one that is in here under Number 10 with respect

6 to the power of taxation.

7

GOVERNOR BUSBEE: That's on page 7 of the small

8 document?

9

MR. HARRIS: Yes. Actually here's a copy of the one

10 that's been signed by all the members of the

"z
11 ~

GOVERNOR BUSBEE: Isn't it the same as is on page 7

..o....

~;~ without distributing it? Do you have plenty of copies for everybody?

14 ~I

MR. HARRIS: I have plenty of copies.

~

:II:

15 o!J

There is a minor difference between what is in there,

:"'"I

16 .~.. the minor difference is that the one that is in the book

oz

~

17 :: says occupational license fees and license taxes, and the

18 handout says occupational license taxes and license fees. It

19 just changes -- makes no substantive change, but there is that

20 minor difference.

21

GOVERNOR BUSBEE: We have this, it's unanimous with

22 the House and the Senate conferees. I'll entertain a motion

23 on it.

24

A VOICE: I move its adoption, Mr. Chairman.

25

GOVERNOR BUSBEE: It's moved that the conference

- - - - - - - - - - - - - - - - - _ . _..._ - - - - - - - -

PAGE 230

committee be adopted.

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: Article IX, Section IV, Paragraph I

4 There is a second.

5

Is there any discussion on the adoption of the

6 conference committee report?

7

Hearing none, is there objection to the adoption of

8 the conference committee report?

9

Hearing none, it's unanimously adopted.

10

Next.

11

zCJ
j:

2

MR. HARRIS: Mr. Chairman, on -- let's see,

@j);iIII Article IX, Section III, Paragraph II under local government reorganization which appears on page 6 of your little package

14 ~I where the staff was directed to come up with some suggestions,

~

15

011
:il

if

you

will

recall

the

issue

arose

with

respect

to

who

would

:J

16

~
III

vote

in

referenda

provided

for

the

consolidation

of

city

Q

az
17 and county governments, and so we have proposed three

18 alternatives for you to look at.

19

The first is basically what was the original

20 proposal that a majority of the qualified voters of each

21 county and municipality directly affected thereby voting in

22 such manner as may be prescribed by law or in such law.

23 We added the words "and municipality," a majority of the

24 qualified voters of each county and municipality --

25

GOVERNOR BUSBEE: Where are you speaking to now,

PAGE 231

Mr. Harris?

2

MR. HARRIS: Alternative 1.

directly affected

3 thereby voting in such a manner as may be prescribed by law.

4

Alternative 2 was a majority of the qualified voters

5 of the county or counties and of the municipality or

6 municipalities located within such county or counties

7 containing at least ten percent of the population of the

8 county; or

9

Third, a majority of the qualified voters of each

10 county, or of a majority of the qualified voters of the
.,
county or counties and of one or more municipalities located

within such county or counties voting in such manner as may

be prescribed by law.

{Pause. }

GOVERNOR BUSBEE: All right. We have two conference

committees that are ready to report. We have Mr. Collins

and Senator Holloway. Who's going to make the report of the

18 conference committee?

19

All right. Mr. Collins said that Mr. Holloway will

20 present it on behalf of the House and the Senate conferees.

21

SENATOR HOLLOWAY: Mr. Chairman, first I address

22 myself to Article VII, Section II at PaFagraph II, exemptions

23 from taxation of property.

24

A VOICE: Pages 54 and 55.

25

SENATOR HOLLOWAY: The problem between the two bodies

------------------------ -----------------

PAGE 232

was whether or not as the statute with two-thirds vote

2 required it could be introduced in the Senate as well as the

3 House.

4

The conference committee agreed that inasmuch as

5 a constitutional amendment to that effect could be introduced

6 in either house that we go along with the statute being

7 introduced in either house on homestead exemption.

8

REPRESENTATIVE LEE: As on page 55.

9

GOVERNOR BUSBEE: That would be then as the language

10 on page 55.

if
11 ...
~;I

"
REPRESENTATIVE LEE: Subsection (3)
GOVERNOR BUSBEE: Subsection (3).
REPRESENTATIVE LEE: Line 10.

14 ~I
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15 011
::
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16 ~~z here.
17 =

GOVERNOR BUSBEE: Line 10. SENATOR HOLLOWAY: We're adopting it as written
REPRESENTATIVE BURRUSS: We haven't adopted any of

18 that section. We need to adopt the whole paragraph.

19

GOVERNOR BUSBEE: What you're saying is we'll adopt

20 the whole paragraph as appears in Subsection (3) on page 55

21 is where it appears, two-thirds in either house just like a

22 constitutional amendment can do it now; is that correct?

23

SENATOR HOLLOWAY: Right.

24

GOVERNOR BUSBEE: I'll need your language, Senator,

25 if you'll read it.

PAGE 233

SENATOR HOLLOWAY: The language is as on page 55,

2 Paragraph (3) as written.

3

REPRESENTATIVE LEE: That was the only issue we had.

4

GOVERNOR BUSBEE: That was the only issue we had in

5 the paragraph.

6

SENATOR HOLLOWAY: That's right.

7

GOVERNOR BUSBEE: That's what I said, it's the same

8 language as what Representative Burruss had.

9

The motion is on a two-thirds vote on those exemp-

10 tions that it can be in either house, and that's the way it is

" II z j: wr.~tten here.

oIll:

A-

lii

@-Ipage 12 ~

SENATOR HOLLOWAY: 55.

As set forth in Paragraph (3),

! 14 I..-.
:r

GOVERNOR BUSBEE:

15 ol) adopt the whole paragraph.

That's correct.

We still have to

"Ill:
;;)
16 ~ III D Z

All right. Is there any objection to the adoption

17 : of Paragraph I of Section II as recommended by the conference

18 committee by the House and the Senate? Is there objection?

19

A VOICE: Paragraph II.

20

GOVERNOR BUSBEE: What is it, Paragraph II?

21

I'm sorry, that's Paragraph II -- that's right,

22 Paragraph II as it appears on pages 54 and 55.

23

MR. HARRIS: The conference cOlTuni ttee met only wi tIl

24 respect to Subparagraph (3), and no controversy existed with

~ respect to (1), (2) and (4) that I'm aware of.

PAGE 234

GOVERNOR BUSBEE: That's correct, so the force and 2 effect of the conference committee report is that we're all in 3 agreement on all other paragraphs, so it would be to adopt the

4 entire Paragraph II.

5

SENATOR HOLLOWAY: The conference committee agreed

6 on it. I don't know about all of us.

7

GOVEROR BUSBEE: We'll perfect it this way. On

8 Subparagraph (3) on page 55, the conference committee report

9 has been read.

10

Is there objection to the adoption of the conference

~

11 i~= committee report with Subparagraph (3) on page 55?

~;j

Hearing none, it's adopted if there's no objection. Now the question is on the adoption of Paragraph II

14 EI which appears on page 54 and 55 as amended by the adoptiion of

~

15 olI the conference committee report.

";)

16 ~ !z

Do I hear a motion we adopt it?

17 =

REPRESENTATIVE BURRUSS: I move.

18

GOVERNOR BUSBEE: Representative Burruss moves.

19

(Motion seconded.)

20

GOVERNOR BUSBEE: It's seconded. Discussion?

21

Hearing none, is there objection to the previous

22 question?

23

Hearing none, is there objection to the adoption of

24 the entire paragraph?

H

Hearing none

U--

_

PAGE 235

Just a minute. Representative Marcus Collins.

2

REPRESENTATIVE COLLINS: I've got an amendment to

3 this paragraph, sir, that I would like to --

4

GOVERNOR BUSBEE: Now would be the time

5

Let me backl up. The only thing we've adopted so far

6 has been Subparagraph (3) on page 55. He has an amendment to

7 the main Paragraph II beginning on page 54 and ending on

8 page 55. Representative Collins.

9

REPRESENTATIVE COLLINS: Mr. Chairman, there was a

10 good deal of discussion last week on this. We had lunch, the
"z
11 j: Chairman came back and made a great speech with a substitute,
'o.."....
@;I we never voted on the original amendment that was introduced at that time by Senator Gillis, so at this time I want to

14 ~I introduce the same amendment which Senator Gillis did last

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15

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q

week.

It's in Article VII, Section I, Paragraph III.

"'";;)
16 ~...

I would like to pass out a copy of it where everyone

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a 17 can look at it.

18

GOVERNOR BUSBEE: You're in the wrong section I

19 think. The staff says it's on Section IV, isn't it?

20

MR. HARRIS: Paragraph III I think he's talking

21 about. We're on Paragraph II.

22

REPRESENTATIVE COLLINS: Let me look at my book again.

23

SENATOR HOLLOWAY: Move the adoption of Paragraph II.

24

GOVERNOR BUSBEE: ~Jhat we were talking about is

25 Paragraph II beginning on page 54 and going down to the middle
_.~----_._---

PAGE 236

of page 55.

2

SENATOR HOLLOWAY: I move the adoption.

3

GOVERNOR BUSBEE: All right. It's been moved that

4 that be adopted.

5

Now, do you want to offer an amendment? That's not

6 the one

7

SENATOR HOLLOWAY: His is Paragraph III.

8

GOVERNOR BUSBEE: Is there objection? Hearing none,

9 Paragraph II is adopted.

10

SENATOR HOLLOWAY: Thank you.

11 5z"

GOVERNOR BUSBEE: Now do you want to --

~;I~

MR. HILL: Now he would like to reconsider page 53,

Section I, Paragraph III, line 24.

! 14

SENATOR HOLLOWAY: What's that reference again?

Ii;

~ :z:
15 ~

GOVERNOR BUSBEE: Let me have a copy of that.

"'";:)

16 ~

MR. HARRIS: We just previously adopted that

zaIII

17 ~ Paragraph III, so they will have to reconsider.

18

GOVERNOR BUSBEE: All right. Just a minute, let me

19 get some order again because we're on something of real

20 substance right here.

21

We have adopted on page 5 of the short version on

22 classification of property, you have adopted that paragraph.

23

What Mr. Collins is going to move is to reconsider

24 your action in adopting it.

25

What you did is adopted this to where you could have

PAGE 237

1 separate classes for motor vehicles, including trailersi mobile

2 homes, the provision that we had -- we corrected the error

3 that was made as far as the exemptions, and that all appears

4 on page 5.

5

Now he is moving that you reconsider your action in

6 adopting this Paragraph III so that he might offer the

7 amendment that he has just passed out to you which will

8 authorize the legislature to adopt different rates and

9 methods of assessment for the taxation of property, to

10 establish various classes.

~ 11 j:
."2.'.
@;~

REPRESENTATIVE COLLINS: Mr. Chairman. GOVERNOR BUSBEE: Representative Collins. REPRESENTATIVE COLLINS: Mr. Chairman, I would like

14 ~I to remind the committee that all but three states out of the
o:zC:
15 olI fifty has a way of giving preferential treatment if they see
""';)
16 .~.. fit to farms, forest lands and other things, and you always
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17 i hear how Georgia is behind, so I sure hope we're not number

18 fifty to approve some way to help the people.

19

I would also like to remind the committee that the

20 Tax Reform Commission heard from Dr. Fred White of the

21 University of Georgia, and he stated that the people farming

22 for a living was paying some 25 percent of their income for

23 ad valorem tax. It is a problem, and we have went through

24 this constitution, we have addressed a number of special

25 interest things in here and a number have passed.

PAGE 238

I would like to remind the committee the Farm

2 Bureau has 135,000 members, I dn't know how many in the

3 Cattlemen's Association, the Forestry and others, but if

4 there's not something in here to where they can have fair

5 treatment I will personally contact them and see if they will

6 oppose this constitution because I don't think it's right

7 for us to set here and adopt a contitution that's going to

8 mistreat this group of people.

9

Mr. Chairman, I move we reconsider our action where

10 we adopted where we can present this amendment.

I

11 i2=

GOVERNOR BUSBEE: All right. Is there further

III

~;I discussion? If not, is there objection to ordering the previous

14 ~I question on the motion to reconsider?

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15 .:

All right, the previous question is ordered.

"::I

16 ~

All thos in favor of reconsidering your action in

III

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17 = adopting Paragraph III of Article VII, Section I, rise and

18 stand until you're counted.

19

(A show of hands.)

20

GOVERNOR BUSBEE: Reverse your position.

21

(A show of hands.)

22

GOVERNOR BUSBEE: On the House side the ayes are

23 11, the nays are four; the Senate the ayes are 10, the nays

24 are four, so the motion to reconsider has passed.

25

I recognize Representative Collins for a motion.

PAGE 239

REPRESENTATIVE COLLINS: Mr. Chairman, we passed

2 the motion out. If they'd like to, I'd like for you to ask

3 the staff to read it, and after they read it I would like to

4 solicit the support of every member for this amendment.

s

GOVERNOR BUSBEE: Do you mind if I read it right

6 here just a minute and make sure I understand it?

7

What you're doing is adding this at the -- an

8 additional subparagraph to provide

9

REPRESENTATIVE COLLINS: Right.

10

GOVERNOR BUSBEE: That would be the paragraph you

11 5CzJ have before you to what we have just adopted.

a --I.2.. 12 :

It would add -- if you would take page 5 of the

short version, you would add a subparagraph to read as follows:

14

I
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15 ~ CJ III ~
16 ~
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17 ~.

"Notwithstanding anything to the contrary contained in this paragraph, the General Assembly may by law establish one or more classes of tangible property for ad valorem tax purposes, and may adopt

18

different rates and methods of assessment for the

19

taxation of each class of such property."

20

Let me ask you a question, if I might on that.

21 We have just corrected what we messed up about the utilities

22 where you could tax them at a lesser rate under Paragraph (c)

23 there. What would be the effect of this paragraph on what's

24 provided on the short page 5 of the Subparagraph (c)?

25
LL-

REPRESENTATIVE COLLINS: I wasn't here when you
------'

PAGE 240

corrected that. Would you tell me what you done, sir?

2

GOVERNOR BUSBEE: If you'll look at the short versior

3 on Subparagraph 5 there --

4

REPRESENTATIVE COLLINS: Wait a minute, let me look

5 at mine.

6

GOVERNOR BUSBEE: On page 5 there, you'll see what

7 we have done is go back to the original constitution where

8 you had motor vehicles including trailers, mobile homes other

9 than mobile homes which qualify the owner of the horne for a

10 homestead exemption from ad valorem taxation, and then the

"z

11

~ at

rates,

methods

and

assessment dates

for

different

classes

2

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~;j of property, and then where you corrected the provision on utilities we brought forth from another section.

14 ~I

Now, my question was what effect would your language

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15 olI saying notwithstanding anything else contained in this

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16 ~ paragraph, what effect would that have on the utilities III zQ

= 17 and other classes under Subparagraph (c)?

18

SENATOR HOLLOWAY: It would make them a class and

19 lower it.

20

REPRESENTATIVE COLLINS: You would just be treating

21 other properties as you treat the utilities this time, sir.

22

GOVERNOR BUSBEE: The Speaker wanted to ask you a

23 question.

24

SPEAKER MURPHY: Mr. Collins, would it not be better

25 if you changed the word "adopt" there to "authorize" different

PAGE 241

rates and methods of assessment, because counties are the ones

2 that do the -- adopt the rates and assessments. All we could

3 do is authorize them, wouldn't it?

4

REPRESENTATIVE COLLINS: Mr. Speaker, we don't have

5 any pride in the English used in this. This is just the way

6 that Senator Gillis had it prepared the other day.

7

SPEAKER MURPHY: What I'm trying to do is get it to

8 do what you want it to do.

9

REPRESENTATIVE COLLINS: I don't have no objection

10 to the change.

@;;"z II j: '.2"..

SPEAKER MURPHY: Authorize different rates is what

it would have to be I would think. We don't adopt the tax

rates for counties and cities.

14 !..

SENATOR GILLIS: I would move that the staff be

'"

%

IS olJ authorized to put the wording, "authorize" there instead of

~

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16 .~.. "adopt."

Q

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17 ::

REPRESENTATIVE LEE: It takes a two-thirds vote now

18 to change the tax structure now, and this would get it down

19 to a simple majority.

20

GOVERNOR BUSBEE: I. don't quite understand, Mr.

21 Speaker, why this is so insignificant.

22

SPEAKER MURPHY: I didn't say it was insignificant,

23 sir. I said that we don't adopt the rates. If we put it into

24 language like he did there you would have done nothing.

25

GOVERNOR BUSBEE: The question I raised the other

--_._------------------------------------------

PAGE 242

day, and I don't know if it's any use in debating it, but I

2 think this is the most fundamental change we have made in the

3 constitution, and what the change is that presently everybody

4 pays the same taxes unless you pass a constitutional amendment,

5 which means you have two-thirds of the legislature voting for

6 it in the House and and Senate, and then the people vote for

7 it.

8

What this would do is give you the right to fix

9 assessments and the rates in the legislature with a two-thirds

10 vote without it ever being submitted to the people.

III

Z

.11 j: lit 2

REPRESENTATIVE LEE: Just a majority.

~;i majority vote. MR. HARRIS:

A majority vote.

Just a

14 ~zI:

A VOICE: I move the question.

15 olI

GOVERNOR BUSBEE: Wait just a minute. Is it a

~

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16 ~ majority vote now?

aQz
17

REPRESENTATIVE COLLINS: Mr. Chairman, I was under

18 the impression this constitution was going to be approved by

19 two-thirds of the people

I mean by two-thirds of both

20 houses, and was going to be approved by the people.

21

GOVERNOR BUSBEE: That's right, and so it will be

22 in this constitution, but they wouldn't be voting on it

23 separately. This is part of the overall constitution and it

24 will be ratified this time and it will never have a chance

25 again.

PAGE 243

I'm just saying it's a fundamental change, Mr.

2 Collins.

3

REPRESENTATIVE COLLINS: Yes, sir. There's a lot of

4 fundamental changes.

5

GOVERNOR BUSBEE: Mr. Johnson.

6

REPRESENTATIVE JOHNSON: Mr. Chairman, isn't this

7 the same type of legislation that we've been defeating in the

8 House since about 1966 or probably before?

9

I think it's been up every year since I've been in

10 the General Assembly, and that's nine years. We're just

III

Z

9 ; ;11

i=
'2"

fixing

to

open up

a

can

of

worms

where

everybody

and

his

III

brother is going to be coming to the legislature asking us to

reclassify their properties so they'll get lower taxes. We

! 14 ~ ought to leave that matter up to the people just like we

15 0:1 adopted it previously.

III
'";:)
16 ~ III

REPRESENTATIVE LEE: The fairest tax is that which

aCzI
17 somebody else pays.

18

GOVERNOR BUSBEE: Any other -- You've heard the

19 motion now.

20

SENATOR GILLIS: I move the question, Governor.

21

GOVERNOR BUSBEE: Any objection to the previous

22 question?

23

Hearing none, the previous question is ordered.

24

All thos in favor of the adoption of the Collins

25 Amendment will rise and stand until you're counted.

- - - - _ . _ . __ _ __..-_.

_ - --

--

..

' . ' - _ . _ -._._-_.~

..'

PAGE 244

(A show of hands.)

2

GOVERNOR BUSBEE: Reverse your positions.

3

(A show of hands.)

4

GOVERNOR BUSBEE: All right. In the House the ayes

5 are 12, the nays are six; in the Senate the ayes are 10, the

6 nays are five. It's adopted.

7

I don't know whether we need to go further or not.

8

What do you have next there, Hel?

9

REPRESENTATIVE LEE: That's a bad amendment.

10

A VOICE: We killed the constitution now.

~

e;1II .2j.:.

GOVERNOR BUSBEE: Okay. Let's proceed to the next

paragraph. We'll try and wrap it up this afternoon.

A VOICE: You may as well throw it in the trash can

! 14 ... now, Governor

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IS ~

REPRESENTATIVE LEE: That wound it up.

"'";;)

16 .~..

A VOICE: That wound it up right there

Q

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17 :

GOVERNOR BUSBEE: Mr. Harris, do you want to proceed.

18

MR. HARRIS: Mr. Chairman, the item that we had

19 earlier discussed before the conference committee reports

20 came --

21

SENATOR HOLLOWAY: Mr. Chairman, how about that othe

22 committee report?

23

MR. HARRIS: If he's got another committee report,

24 we'll take it. It will be Number 11.

25

GOVERNOR BUSBEE: Let's take Senator Holloway on the

PAGE 245

committee report.

2

SENATOR HOLLOWAY: This concerns Number 11, Article

3 IX, Section VI, Paragraph II, revenue bonds, special

4 limitations.

5

If you will locate it in that big document for me

6 I'd appreciate it.

7

MR. HILL: Page 86.

8

MR. HARRIS: 86.

9

SENATOR HOLLOWAY: 86. The controversy generally

10 was as follows:
",
An attempt was made to put gas and electricity in

the same exempt positiion for referendum requirements as water

and sewage; the attempt failed, we let it go as written and

recommended in the committee's document.

GOVERNOR BUSBEE: All right. Is there a motion?

SENATOR HOLLOWAY: The motion is to adopt -- what

would that be, Section VI, Mel?

18

MR. HARRIS: Paragraph II.

19

SENATOR HOLLOWAY: Yes, Paragraph II.

20

MR. HARRIS: As proposed.

21

GOVERNOR BUSBEE: All right. The motion is to by

22 Senator Holloway --

23

SENATOR HOLLOWAY: To adopt Paragraph II of

24 Section VI, Article X, page 86.

25

GOVERNOR BUSBEE: All right. That's the motion to

- - - - - - - - - - - - - - ---------- --- - - --- ------ ---- ------- -------

PAGE 246

adopt Paragraph II of Section II of Article X --

2

MR. HILL: Article IX.

3

GOVERNOR BUSBEE: Article IX it is, on page 86.

4

Is there a second to the motion?

5

Do you have a second to the motion? Do you have it

6 in writing or something?

7

A VOICE: I second it.

8

GOVERNOR BUSBEE: Is there any discussion?

9

Objection to ordering the previous question?

10

Hearing none, the previous question is ordered.

11

"z
j:

Is

there

objection

to adoption of

the

motion?

or:

2...

~;i

A VOICE: I object. GOVERNOR BUSBEE: There's one objection I believe.

! 14 t; ~r
15 01)

All in favor rise and stand until you're counted. (A show of hands.)

"or:
:I
16 .~.. Q Z ~
17 ::

GOVERNOR BUSBEE: Reverse your position.' (A show of hands.)

18

GOVERNOR BUSBEE: In the House the ayes are 13, the

19 nays are one; in the Senate the ayes are 12, the nays are zero.

20

Senator Lester.

21

SENATOR LESTER: Governor, Mr. Chairman, we left

22 open for further consideration on page 51, Paragraph I,

~ Subsection {3} with reference to these courts. All of you

24 have been

25

GOVERNOR BUSBEE: Excuse me. Senator Lester, give

PAGE 247

them the page number again, the Subparagraph.

2

SENATOR LESTER: Page 51, Paragraph I, Section (3).

3

GOVERNOR BUSBEE: All right. That's on Subparagraph

4 -- all of you have got it.

5

SENATOR LESTER: We've got it printed, it is -- I'm

6 going to ask you to vote on these together. We're going to

7 consider the Paragraph (3) first, and I've got a further

8 change.

9

Grace, give them a copy.

10

Both Representative Pinkston and Senator Greene

11 "z~ had to leave, they are in full agreement with this amendment,
..o....
@);I and I believe it's all right with you. REPRESENTATIVE GALER: Yes.

14 ~I

SENATOR LESTER: Then with reference to that we also

z<C:

15 o!I changed on page 44, Paragraph VI, and you have the change

"III
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16 .~.. listed here for that, Uniformity of Jurisdiction, Powers

Qz

17 : and so forth, overlapping jurisdiction.

18

"The courts of each class shall have uniform

19

jurisdiction, powers, rules of practice and pro-

20

cedure, and selection, qualifications, terms and

21

discipline of judges. There shall be no over-

22

lapping jurisdiction, except as to probate courts,

23

state courts, and superior courts and except the

24

courts enumerated in Subparagraph (3) of Paragraph I

25

of Section IX of Article VI. The provisions of

PAGE 248

this paragraph shall be effected by law within 24

2

months of the effective date of this article."

3

What we're doing is providing for th~se special

4 courts in Richmond and Bibb and Chatham County, and I move

5 that we adopt it.

6

A VOICE: I second the motion.

7

GOVERNOR BUSBEE: The motion is made and seconded.

8

(Pause. )

9

GOVERNOR BUSBEE: It's just been pointed out, we've

10 been talking about it, I just wanted to tell you we've gotten

11

"z
;:::

down

to

the

point now if we

don't

have

a

quorum

in either

II:

.2..

~;i

the House or the Senate, on Mr. Collins' motion he just made I said in the House the ayes were 13, the nays were one;

!.. 14 in the Senate the ayes were 12, the nays were zero, there's

~

:I:

15 ~ not a quorum present in either house to reconsider the action

"II:
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16 .~.. that was taken

a1z:1
17

A VOICE: You've got a quorum, they just didn't vote.

18

GOVERNOR BUSBEE: If you've got them, get the votes

19 then. If we're going to do it, we're going to need a quorum

20 to vote on it.

21

All right. Mr. Collins.

22

REPRESENTATIVE COLLINS: Mr. Chairman, did everybody

23 vote? Do you know there wasn't a quorum here? Maybe there

24 wasn't a quorum voting.

25

Did you say a quorum had to vote on every vote?

PAGE 249

If you did, you'd need to go back through all these and take

2 of the ones that didn't have.

3

GOVERNOR BUSBEE: We didn't have a quorum voting on

4 that last occasion.

5

REPRESENTATIVE COLLINS: Are you ruling then that it

6 wasn't adopted, sir?

7

A VOICE: What's a quorum?

8

GOVERNOR BUSBEE: The majority of each body is a

9 quorum.

10

REPRESENTATIVE COLEMAN: You only have to have a

11

"z
j:

quorum present,

not voting.

Ilfi

2

@;iIII GOVERNOR BUSBEE: That's correct. You have 13 plus one and 12 plus zero, so that's less than 15 on both sides.

14 ~I

SPEAKER lmRPHY: They don't have a majority of theirs

<zC

15 oll in the Senate; we do have a quorum here.

"Ilfi
;:)

16 ~

A VOICE: How many have we got present?

IazII 17 :i

LT. GOVERNOR MILLER: Thirteen.

18

GOVERNOR BUSBEE: I'm just saying you don't have a

19 majority in the Senate here, and the Speaker is counting the

20 House.

21

SPEAKER MURPHY: We've got nineteen.

22

A VOICE: Eleven and five, that's a quorum.

23

GOVERNOR BUSBEE: It's twelve to zero, that's not --

24

A VOICE: Zero wasn't correct.

25

(Reporter's note: Discussion continues regarding

---------

....J

PAGE 250

number of votes cast and number of members present.

2

The discussion was unreportable for a short period.)

3

GOVERNOR BUSBEE: Fifty percent isn'~ a majority.

4 You've got to have one more vote in the Senate before you'll

5 have a quorum. Even with thirty, you have to have one more

6 vote in the Senate.

7

We have a quorum in the House, but we don't have a

8 quorum in the Senate.

9

Rr.PRESENTATIVE COLLINS: Governor, how do you know

10 we had a quorum for all these other motions then?

III

II ;Z:
or

GOVERNOR BUSBEE: To tell you the truth, when it was

.2..

~;j mentioned here about the quorum I was just looking at the majority

14 ~I
;! IS .:I
III
'":=I
16 .~.. Qz

REPRESENTATIVE COLLINS: Mr., Chairman. GOVERNOR BUSBEE: Representative Collins. REPRESENTATIVE COLLINS: Mr. Chairman, I would

17 : respectfully request the Chairman to go back and check the

18 vote on each vote that's been made since we started

19 perfecting the constitution, and all that didn't have enough

20 to be a majority, reconsider, sir.

21

GOVERNOR BUSBEE: On the motion to reconsider, and

22 it was written down and recorded, on the motion to reconsider

D the House was 11 and the nays were four; in the Senate it was

24 ten to four. And on the main motion the House was 12, the

25 nays were six; and the Senate was ten to five, so you didn't

PAGE 251

have a quorum on reconsideration in the Senate, and you didn't

2 have it on the main motion in the Senate.

3

In fact, you don't on the motion to reconsider in

4 the House. I don't know how many were present, but I'm saying

5 we've broken down to a point that we have gone through the

6 constitution working with what we thought was the last day

7 and the people have drifted off to where you don't have a

8 quorum when you're reconsidering basic provisions in here.

9

Mr. Collins.

10

REPRESENTATIVE COLLINS: Mr. Chairman, I still

respectfully request that the Chairman go back and check his

vote on the entire vote on this constitution and give it to

us on each individual item where we can see whether we did have

it or not.

GOVERNOR BUSBEE: All right. I'd be delighted to

do that.

I don't have the votes here now. I don't know how

18 long it would take, but you're entitled to see the record as

19 soon as he types it.

20

REPP~SENTATIVE COLLINS: Mr. Chairman, are you going

21 to rule that the adoption of the Collins Amendment --

22

GOVERNOR BUSBEE: I really am trying to --

23

REPRESENTATIVE COLL!NS: Are you going to make a

24 ruling?

25

GOVERNOR BUSBEE: Before I make a ruling I would lik

------------- ------_.

PAGE 252

to go on and complete if we can the constitution and include

2 it in the call, the constitution and reapportionment, but we'vE

3 kind of broken down to the point now that you've got some

4 basic things and you've got less than a quorum present, and

5 I don't know what to do, but I'm very concerned about this

6 being done and us continuing on the most basic items and on

7 reconsiderations to change what's already been deliberated

8 on when you did have a lot of people here.

9

All right. Mr. Collins.

10

REPRESENTATIVE COLLINS: Mr. Chairman, I would like

to ask one question, sir.

GOVERNOR BUSBEE: All right.

REPRESENTATIVE COLLINS: How can we go on through

the rest of it? How can we even look at it if we don't have

a quorum present?

GOVERNOR BUSBEE: I don't think we can. That's what

I'm saying right now, I don't see how we can continue with

18 this.

19

A VOICE: Move we adjourn.

20

GOVERNOR BUSBEE: Okay. I don't count a quorum being

21 present, I see no alternative but to adjourn. Now just pick

22 a date and I'll be here.

23

A VOICE: In the mor~ing.

24

(Pause. )

25

GOVERNOR BUSBEE: All right. If you'll look -- I want

PAGE 253

to accommodate as many people as I can, I think it's

2 imperative that we try and finish the constitution and include

3 it.

4

I still would like to make the calIon the 24th,

5 and hopefully we can include the constution with it. I have 6 not yet signed that call.

7

Looking at next week, if you'll look at your

8 calendars and tell me what's most convenient to you. What

9 about Wednesday? It will give you more time. If you can't

10 do that, we'll pick another date.

11 5"z

SENATOR KIDD: Mr. Chairman, I make the motion we

~...

@);~i meet on the 18th, that's Tuesday the 18th at 9:30. REPRESENTATIVE LEE: No, let's meet tomorrow.

~

14 I
~

SPEAKER MURPHY: Mr. Kidd, if you meet any time

:'z":

15 olI Monday through Thursday you will have to meet without me

"II:
:::)

16 ~... because I'm on the executive board of the County and State

zQ

17 : Governments, and we meet next week and I plan to be there.

18 Of course, you can meet without me.

19

SENATOR KIDD: I don't know whether we can function

20 with or without you.

21

SPEAKER MURPHY: Mr. Snow said he wished I had gone

22 before we got into the judicial article.

23

GOVERNOR BUSBEE: Let me ask you to -- we need to

24 get as many people here, but on the 18th or the 19th -- you

25 moved on the 18th, someone suggested the 19th.
-------------------------------------

PAGE 254

Do you want to kind of vote and see who prefers

2 Tuesday and who prefers Wednesday and go by a majority?

3

(Unreportable discussion.)

4

GOVERNOR BUSBEE: Now they're talking about Friday

5 of this week.

6

All right. Now we have three days that have been

7 mentioned, I think that's sufficient to give everybody an

8 opportunity to accommodate their schedule.

9

They're talking about this Friday the 14th, or

10 Tuesday the 18th, or Wednesday the 19th. That would be about

" 11 .zj,: as late as you could get it and still get your call including

2

III
~;i the constitution. A VOICE:

Friday.

14 ~I

REPRESENTATIVE LEE: Friday the 14th.

~

:I:

.", 15 olI ;:)

GOVERNOR BUSBEE: All right. I'm going to put it to

16 ~ you -- the Speaker said he can't be here on the 18th and the

III

Q

Z

=~
17 19th. There's been a suggestion we do it on Friday the 14th.

18

REPRESENTATIVE LEE: I so move.

19

REPRESENTATIVE COLLINS: Mr. Chairman

20

GOVERNOR BUSBEE: That's this coming Friday.

21

(Unreportab1e discussion.)

22

GOVERNOR BUSBEE: Representative Collins wanted to

23 be recognized.

24

REPRESENTATIVE COLLINS: ~1r. Chairman, whatever date

25 we set let's check and make sure the staff can have the votes

LL-

_

- - - - - - - - - - - - - - - - - - - - - - - - - - _...

PAGE 255

on these others because there's been some of them we've

2 approved and the Chair has ruled was approved with as little

3 as nine on maybe one or the other or both sides, and the next

4 thing I wanted to ask the Chair --

5

GOVERNOR BUSBEE: I think the point is well taken.

6

REPRESENTATIVE COLLINS: Since you ruled to begin

7 with that this amendment was passed and adopted, now how are

8 you going to get out of your ruling to begin with, sir?

9 You announced the vote and said it was adopted.

10

GOVERNOR BUSBEE: I said it was adopted, and I think

" 11

% j:

it will take

a

motion

to reconsider.

Now I said it in error,

.~.....

@;i I think it will take a motion to reconsider it, so it is adopted as of now.

14 !.....

REPRESENTATIVE COLLINS: You are going to have all

~

:I:

15 ~ the votes so we can see all the others that was announced in

"lit
;:)
16 .~.. error the same way?

Q
%

17 =

GOVERNOR BUSBEE: I'm going to ask the court

18 reporter, then I'm going to

19

I'm just saying to you, Mr. Collins, I know you feel

20 strongly about your amendment. I think though that were you

21 undo something that's been done that's that drastic we ought

22 to at least have a quorum of the people here. I'm not trying

23 to be arbitrary.

24

REPRESENTATIVE COLLINS: Hr. Chairman, you remember

25 this amendment was presented to this committee Thursday of

PAGE 256

last week, and when we came back after lunch and you made your

2 talk we never voted on this amendment, sir.

3

GOVERNOR BUSBEE: You asked me what the ruling

4 would be when we start back. Let me just defer and say I'd

5 like to ask counsel what the proper posture would be when we

6 come back. If we did not have a quorum to support that, I

7 don't know what the posture would be.

8

I'll be glad -- and let me ask the court reporter

9 this. Can you have

10

They tell me that they can't have that for the next

" 11 5:z meeting, but if you have any paragraph where anybody has any
2
III
e);~1 concern, I have notes and I'll try to point those out, but I don't know that I would have it.

! 14 to ~z
15 ~
"llC
:;,
16 ~ III Qz
17 :

The reporter says it can't be typed by -THE REPORTER: By when, sir? GOVERNOR BUSBEE: By the next meeting. THE REPORTER: Mr. Governor, I have somewhere around

18 600 pages to transcribe yet, which includes last Thursday,

19 Friday, and today, and that would take me a week of solid

20 work to do that.

21

GOVERNOR BUSBEE: About 600 pages to transcribe.

22 Without transcribing it, could you go through and get the

23 votes, just listen to what you have and get the votes and

24 whether it was less than 16 votes by the House and the Senate 25 and advise us of that without typing ,all of it?
._-_._---------

PAGE 257

THE REPORTER: I very likely could. I'll do my

2 best. I will check my notes this evening and call Mr. Hill

3 in the morning, see how difficult it will be.

4

GOVERNOR BUSBEE: Since it took three days, it would

5 take at least three days to listen to it, but if that's the

6 procedure we'll move from there.

7

Hr. Collins.

8

REPRESENTATIVE COLLINS: Mr. Chairman, if I listened

9 to your ruling correctly, you said you ruled that it was in

10 there now.

" 11

z
j::

GOVERNOR BUSBEE: That's what I said. When I

..ol..i..t

@);i announced the vote I was just really looking at the figures. First on the motion to reconsider I said the House was 11

! 14 and the nays were four; in the Senate the ayes were ten, the

to

'~"

15

::t 0)

nays were

four.

The motion is reconsidered.

"lit
;)

16 .~..

I think I called for the main vote, I said the ayes

Q

Z

17

~
::;

are

12,

the nays

are

6;

in

the Senate

the ayes

are

10,

the

18 nays are five. I said it's adopted, and I did rule that at

19 the time.

20

I don't know what the posture is if it's less than

21 a majority or less than a quorum, even though I made the rulin ,

22 so I said I would seek advice on it from counsel and see where

23 we are par1iamentarily on it.

24

I did announce it was adopted.

25

REPRESENTATIVE COLLINS: Parliamentarily you're goin

- - - - -------------_._~._._-------

._---'

PAGE 258

to find out on all the other votes where you can make the

2 ruling on all them at the same time you do this one, sir?

3

GOVERNOR BUSBEE: If I can get this from the

4 reporter I will. That's what I was trying to do was expedite

5 that every way I can.

6

Representative Burruss.

7

REPRESENTATIVE BURRUSS: Mr. Chairman, I submit that

8 the question of a quorum would not affect action that we have

9 already taken prior to this because the vote will not

10 indicate whether a quorum was there or not, and unless you

11

"z
i=

call

for

a

quorum

at

the

time

the

action

is

taken

you

have

.'2"..

~;i

to assume a quorum is present. GOVERNOR BUSBEE: I counted the Senate when we took

14 .~..'. the last vote, and there was not a quorum present.

~

:I:

15 olI

REPRESENTATIVE BURRUSS: I'm talking about all this

"'";;)
16 .~.. other action. I don't want to disagree with my colleague

Qz

17 : here, but I don't think we can go back and open up --

18

GOVERNOR BUSBEE: I counted, there was not a quorum

19 present on the last vote, but I was really ready to announce

20 ten and five without thinking about a quorum until somebody

21 said it and I counted them.

22

REPRESENTATIVE BURRUSS: ~~en was the call for the

23 quorum made on this last question?

24

GOVERNOR BUSBEE: I~mediately on the last vote.

2S I recognize the Speaker, he's the one tha~--------------------------------------

PAGE 259

Mr. Speaker.

2

SPF~KER MURPHY: The issue is not on this particular

3 vote.

4

GOVERNOR BUSBF.E: Give the Speaker your attention.

5

SPEAKER MURPHY: The issue is not on this particular

6 vote; the issue is when do we get together to finish this

7 thing. That is the issue.

8

We can worry about the quorum -- As far as I'm

9 concerned he's announced the thing was adopted, and we can get

10 a quorum back and whatever effort they want to to make to

reconsider it can be done, but as it stands now it's adopted

as far as I'm concerned.

The issue is when are we going to meet again to

finish this thing. That's the issue.

GOVERNOR BUSBEE: The motion is made we meet

tomorrow at ten o'clock.

A VOICE: I second it.

18

GOVERNOR BUSBEE: All right. I recognize Represenata-

19 tive Reaves.

20

REPRESENTATIVE REAVES: I recommend we meet at 8:30

21 or 9:00 to get through with it. We've got other things to do

22 tomorrow, let's get here early.

23

GOVERNOR BUSBEE: The problem I think is you've got

24 to get your -- you have to get these people in from out in the

25
state. If you start right now, it's six o'clock, I don't

PAGE 260

know whether we can do it now.

2

REPRESENTATIVE REAVES: That's their fault. If they

3 would be here now we wouldn't be in this jam. Let's not

4 wait until ten o'clock. Every minute of my time is taken up.

5 I'm going to waste from six o'clock in the morning waiting

6 for you all.

7

I mean let's get here early. These people can eat

8 breakfast before daylight.

9

GOVERNOR BUSBEE: We haven't decided on what date.

10 I was trying to, without me arbitrarily setting a date to
11 5~ reconvene, I would like the input of everybody here, and I
2
III
~;~ have heard everybody's schedule and I would be willing to -I don't see how you could in the morning.

14 ~I

SPEAKER MURPHY: Would everybody in the House please

~

15 011 come back down here that's on this committee and sit down

"Ill:
;:)

16

~
III

where

I

can see who we've got here.

All the House members

CzI

17 = I can't request the Senators -- I believe the House members

18 will honor my request. All the House members sit down where

19 I can see you.

20

We've got 19. We're missing Mr. Pinkston, we're

21 missing Mr. Jessup, Mr. Bray, Mr. Rainey. Have they gone

22 home?

23

A VOICE: Mr. Peters?

24

SPEAKER MURPHY: And J.e. Have they all gone home?

25 Mr. Triplett has gone home?

PAGE 261

A VOICE: Yes, sir.

2

SPEAKER HURPHY: Has Buck gone home?

3

All right. There is no way we can get notification

4 where we could meet tomorrow.

5

Now the question is can we meet Friday as far as

6 the House is concerned. Let's determine our business; they

7 can determine theirs.

8

How many of you can meet Friday? I know it would be

9 a hardship, but how many of you could meet Friday?

10

REPRESENTATIVE COLEMAN: I'd rather meet tomorrow.

"z
11 i=
..Io..I..:

Mr. Chairman, I agree with Henry. These folks that

@ : j left early are the reason we're in this spot now. SPEAKER MURPHY: I've got no debate on that, Terry,

14

I
.~:-.cr.

I

agree with

it.

15 ~

(Unreportable discussion.)

"II:
~

16 .~..

GOVERNOR BUSBEE: Let me ask the Lieutenant Governor,

o-zc

17 :: they're talking about Friday. Let him check his. We're going

18 to come back with as many Representatives and Senators as we

19 can.

20

SPEAKER MURPHY: How many of you all can be here

21 Thursday of next week?

22

LT. GOVERNOR MILLER: Thursday of next week. All

23 that can meet Thursday let me see your hands.

24

SPEAKER MURPHY: All of you that can be here

25 Thursday of next week, let me see your hands.

PAGE 262

A VOICE: That's the 20th.

2

(A show of hands.)

3

SPEAKER MURPHY: Seventeen. We can get them here

4 Thursday.

5

A VOICE: Next Thursday?

6

A VOICE: Yeah, not tomorrow, the 20th.

7

GOVERNOR BUSBEE: I think every day is bad~ I'm

8 just trying to check. I was available Monday, Tuesday and

9 Wendesday, and I'll check Thursday if you'll bear with me

10 just a minute and see. Thursday of next week is the best

1:1

Z

11

j:
III:

day for most of you;

is

that right?

2

III

~;j

SPEAKER MURPHY: That's right. LT. GOVERNOR MILLER: How many of you all cannot

! 14 I..-. meet Thursday?

~

15 o!)

(A show of hands.)

1:1

III:

:::

16 ~

III

Qz

(Unreportable discussion.)

17 :

GOVERNOR BUSBEE: We're trying to check the calendar

18 now. We're looking at Thursday of next week. You all might

19 be looking at your calendars too.

20

Representative Jones.

21

REPRESENTATIVE JONES: Mr. Chairman, is this going

22 to have any effect on the proposed special session as of

23 August the 24th?

24

GOVERNOR BUSBEE: We're trying to check that too.

25 We need to while we have this few left at least make some ---------------------------------'

PAGE 263

REPRESENTATIVE JONES: will we know that before we 2 leave today?

3

GOVERNOR BUSBEE: That's what I'm trying to find out.

4

REPRESENTATIVE JONES: One further question, Mr.

5 Chairman. Could I ask one further question?

6

GOVERNOR BUSBEE: All right.

7

REPRESENTATIVE JONES: It would appear that the lack

8 of a quorum on the other side of the hall is the absence of

9 local Senators. Could we adjourn maybe for an hour for

10 dinner and somebody get on the phone to get some of those

11 "5z that could get back here?

2...

@_._!12 ~

GOVERNOR BUSBEE: We're going to get some people

here, and let's try to finish it in an orderly way, finish

! 14 the whole process up.

t;

:z:

15 ~

REPRESENTATIVE JONES:

That could be done tonight

"'";:)

16 .~.. if we could get about three or four more people on the other

Q
Z
17 : side of the aisle.

18

SENATOR KIDD: The Senators went to a funeral today

19 is the problem.

20

GOVERNOR BUSBEE: Okay. On Thursday now I don't

21 know -- How do you want to proceed? I'll go by the largest

22 number of both houses for any day you want. What's your

23 proposal?

24

I'd like for the Lieutenant Governor and the Speaker

25 to recommend some dates.

PAGE 264

SPEAKER MURPHY: Our people, all of them but one 2 said they could be here next Thursday.

3

GOVERNOR BUSBEE: All right. On the House side all

4 but how many?

5

SPEAKER MURPHY: One.

6

GOVERNOR BUSBEE: One says they can't be here.

7

Now I'll come back over here --

8

LT. GOVERNOR MILLER: Three say they can't be here.

9

GOVERNOR BUSBEE: We have three Senators said they

10 can't be here.

"z
11 i= Ill:

I'll ask the Lieutenant Governor and the Speaker to

2...

~;I

see if they can jointly recommend a date for me to call it. SPEAKER MURPHY: I'd say Thursday of next week.

! 14 t;

GOVERNOR BUSBEE: The Lieutenant Governor concurs

x

15 ~ on Thursday with the Speaker.

"Ill:
;;)

16 .~..

Now, the time of the meeting is 9:30. I know some

Q

Z

17 ~ of you come a great distance. Is 9:30 too early?

18

SPEAKER MURPHY: No, it's just right.

19

GOVEP~OR BUSBEE: All right. We will reconvene then

20 at 9:30 on Thursday of next week, and we will try and complete

21 it.

22

We're still looking at the call of the session for

23 the 24th if we can make it.

24

SPEAKER MURPHY: Let me get the names of everybody

2S here so we won't have to call you all.

PAGE 265

Do you want to do that?

2

LT. GOVERNOR MILLER: Yes.

3

GOVERNOR BUSBEE: The Senators that are here --

4

(Roll call of members present.)

5

GOVERNOR BUSBEE: All right. Mr. Harris.

6

MR. rffiRRIS: Apparently Thursday week has been

7 decided upon.

8

There are a couple of things I would like to say for

9 the record by request.

10

When I was discussing earlier the options with

respect to the implementation of the legislative pay raise as

it was with respect to the increase for cost of living, I had

talked about bills being passed; I did not mean to create a

legislative history by stating that it had to be a bill.

There may be circumstances under which it could be included

in the overall appropriations bill, and I wouldn't want any

statement made by me to be looked at by the court as being

18 the legislative history of that particular item. That's the

19 first thing.

20

The second thing, Mr. Chairman, Mr. Speaker when we

21 started out this morning the Speaker indicated that he had

22 read the draft twice and found in it numerous places where

23 staff had changed the language that was adopted.

24 25

J I have yet to see today a single place where that

I

has occurred, and in defe_n_s_e__of_S_~~_~_~ __ I_~TOUl~~:_ .~_a_v_e_~~::~

PAGE 266

noted in the record.

2

SPEAKER MURPHY: I was going to note in the record

3 something like that myself. You beat me to it.

4

vfuen I read things, which I did read twice, where

5 it says "For further consideration," or words to that effect

6 I did not look in there. I thought that they were putting in

7 there those things that had been ndopted, that they had on a

8 separate pnge, and I was wrong and they are entitled to an

9 aplogy from me and they have it.

10

GOVERNOR BUSBEE: That's a good note to end on.

..\7
%
11 ;:
2...
~;j week.

",
Any other business?
We stand adjourned until 9:30 of Thursday of next

14 !... 'z~":
..15 011 \7
~
16 .~.. Q Z ~
17 :

(tvhereupon, adj ourned. )

at 5:50 p.m.
+++ ++ +

the committee meeting was

18

19

20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on Aug. 12, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 8-12-81

Proceedings. pp. 3-4

ARTICLE I: BILL OF RIGHTS
SECTION I: RIGHTS OF PERSONS
Paragraph XI: Right to trial by jury; number of jurors; selection and compensation of jurors. pp. 4-12
Paragraph XXVII: Spouse's separate property. pp. 23-35

SECTION II: ORIGIN AND STRUCTURE OF GOVERNMENT Paragraph IX: Sovereign immunity of the State from suit.

pp. 12-14

SECTION III: GENERAL PROVISIONS
Paragraph I: Eminent domain. pp. 15-23, 35-40 (Eminent domain and private property)

ARTICLE II: VOTING AND ELECTIONS SECTION II: GENERAL PROVISIONS Paragraph I: Procedures to be provided by law.

pp. 41-46

ARTICLE III: LEGISLATIVE BRANCH SECTION IV: ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY Paragraph VI: Salaries. pp. 47-57, 94-100

SECTION V: ENACTMENT OF LAWS
Paragraph XI: Signature of Governor. pp. 58-60
Paragraph XIII: Approval, veto, and override of veto of bills and resolutions. pp. 65-69

Legislative Overview Committee 8-12-81 .
Page 2

SECTION IX: APPROPRIATIONS
Paragraph II: Preparation, submission, and enactments of general appropriations bill. pp. 69-81
Paragraph VI: Appropriations to be for specific sums. pp. 60-65 (Motor fuel taxes)

ARTICLE IV: SECTION II:

CONSTITUTIONAL BOARDS AND COMMISSIONS BOARD OF PARDONS AND PAROLES. pp. 83-87, 101-105

SECTION IV: STATE TRANSPORTATION BOARD. pp. 87-90

ARTICLE V: EXECUTIVE BRANCH
SECTION I: ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I: Governor: term of office; compensation and allowances. pp. 91-94

ARTICLE VI: JUDICIAL BRANCH
SECTION I: JUDICIAL POWER
Paragraph IV: Exercise of judicial power. pp. 106-108, 180-186
Paragraph V: Uniformity of jurisdiction, powers, etc. pp. 188-191, 246-252

SECTION II: VENUE Paragraph VI: All other cases. pp. 202-203 Paragraph VII: Venue in third party practice. pp. 186-187, 202-203

SECTION VII: SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES Paragraph II: Qualifications. pp. 192-202

Legislative Overview Committee 8-12-81 Page 3

SECTION IX: GENERAL PROVISIONS Paragraph I: Administration of the judicial system; uniform court rul~s;
advice and consent of councils. pp. 115-153 (Appropriations for the judicial system - recommendations. pp. 156~162) (Admission to the State Bar of Georgia. pp. 203-218) Paragraph II: Disposition of cases. pp. 153-156

SECTION X: TRANSITION Paragraph I: Effect of ratification. pp. 162-178, 219-220, 225-227 Paragraph II: Continuation of judges. pp. 178-179, 218-219

ARTICLE VII: TAXATION AND FINANCE
SECTION I: POWER OF TAXATION
Paragraph III: Uniformity; classification of property; assessment of agricultural land; utilities. pp. 180, 227-229, 236-244

SECTION II: EXEMPTIONS FROM AD VALOREM TAXATION
Paragraph II: Exemptions from taxation of property. 220-223, 231-236

pp. 108-113,

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS SECTION III: INTERGOVERNMENTAL RELATIONS Paragraph II: Local government reorganization. pp. 230-231

SECTION IV: TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS Paragraph I: Power of taxation. pp. 229-230

SECTION VI: REVENUE BONDS Paragraph II: Revenue bonds; special limitations.

pp. 114, 224, 245-246

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON AUGUST 12, 1981

COMMITTEE MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL. MIL.LER LIEUTENANT ~OVERNOR
THOMAS e, MURPHY
SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTiCE. SUPREME COURT
J. KEL.LEY QUILLIAN CHIEF JUDGE. CQURT OF APPEALS
ARTHUR K. BOL.TON ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUDGE.. SUPERIOR CQURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656-7156

COMMITTEES MEMBERS
AL HOLLOWAY SENA l" PRESfDENT PRO TEMPORE
JACK CONNELL SPEAK-ER PRO 'TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. E.DWARDS SPECIAL COUNSEL
J, ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL. JR ASSISTANT EXECUTIVE DIRECTOR

LEGISLATIVE OVERVIEW COMMITTEE August 12, 1981

For Further Consideration:
1. Article I, Section I, Paragraph X, Right to trial by jury; number of jurors; selection and compensation of jurors - staff to redraft.
2. Article I, Section II, Paragraph X, Sovereign immunity of the State from suit - proposed addition.
3. Article III, Section IV, Paragraph VI, relating to compensation and allowances of the General Assembly - staff to redraft.
4. Article IV, Section II, State Board of Pardons and Paroles in Conference Committee (minimum service time for commuted death sentences) - Conference Committee Report attached.
5. Article VI, Section I, Paragraph IV, Exercise of equity power - in Conference Committee.
6. Article VI, Section VIII, General provisions and Section IX, Transition - action pending.
7. Article VII, Section I, Paragraph III(b)(2) - staff to redraft.
8. Article VII, Section II, Paragraph II, Exemptions from taxation of property - in Conference Committee.

CD Pages

(2)

See page .k- of
the Constitution

0 Page
8 Page
See page 43 of the Constitution
See page 50 of the Constitution
0 Page

9. Article IX, Section III, Paragraph II, Local Government Reorganization - staff to redraft.
10. Article IX, Section IV, Paragraph I, Power of taxation - in Conference Committee.- Conference Committee report attached.
11. Article IX, Section VI, Paragraph II, Revenue bonds; special limitations - in Conference Committee (referendum requirement)
12. Article X, The Laws of General Operation in Force in this State; Article XI, Amendments to the Constitution; and Article XII, Miscellaneous Provisions - action pending.
Conference Committees Outstanding

Page Page
See pages 88 of the Constitution Page

ARTI CLE I, SECTI ON I, PARAGRAPH X: Present Constitution: (Article VI, Section IV)
Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a jury in all civil cases, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to theright of trial by jury on written demand of either party. (As amended in 1980 general election).
Revision Approved To Date: (Article I, Section I)
Paragraph X. Right to trial by jury; number of jurors; selection and compensation of jurors. (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed unless the right to trial by jury is waived in writing by all parties.
Suggested Change: (Article I, Section I)
Paragraph X. Right to trial by jury; number of jurors; selection and compensation of jurors. (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party.
Additional Recommendations: Judge Beasley has recommended that the following additional sentence be
added to subparagraph (a): "In criminal cases, the defendant shall have a public and speedy trial by an impartial jury, and the jury shall be the judges of the law and the facts."
The Judge has also recommended that subparagraph (b) of this Paragraph be amended to read as follows:
"(b) A trial jury shall consist of 12 persons; but the General Assembly may prescribe any number, not less than six, to constitute a trial jury in civil and misdemeanor cases." Finally, Judge Beasley recommends that the last sentence of subparagraph (c) "Grand jurors shall be competent to serve as trial jurors" - be deleted as unnecessary. Judge Beasley's rationale for these changes is set forth on the next page.
CD

Commentary (prepared by Judge Dorothy Beasley, State Court of Fulton County)
(a) 1. Public and speedy trial:
Although the Overview Committee proposes to include this right in Paragraph XIII ("benefit of counsel; accusations; list of witnesses; compulsory process; trial by jury"), it would seem to be an important enough principle to be included in the paragraph relating to the right to trial by jury. It is the foundation right whereas the right included in Paragraph XIII are the rights associated with it. By including it in Paragraph X, it seems to explain substantively what is meant by the statement that "the right ... shall remain inviolate... "
2. Jury as judges of the law:
The Overview Committee reV1S1on eliminates the constitutional principle, peculiar to this state, that the jury shall be the judges of the law and the facts. It should be retained because it preserves a principle which is apparently unique to Georgia jurisprudence. There are a number of cases construing it, and there is no reason for abandoning it. It seems to embody the concept that the law itself is subject to scrutiny by the citizens selected to try a particular case and make specific application of that law. That is, the citizens themselves retain a limited right to interpret, for a specific situation, the will of the legislature as enunciated in a statute which by nature is a general statement. The jury, in effect, can conclude that the statute was not meant to cover the incident before them. Jury nullification may also be implied in this constitutional provision.
(b) Six-person juries:
I suggest six instead of five because, although Ga. Code ~ 6-403 allows appeals to five-person juries from justice courts in civil cases, six-person juries are.required in criminal cases by the U. S. Constitution. Paris Adult Theater vs. Slaton, 413 U.S. 49 (1973). Since magistrate courts will supplant justice courts and small claims courts, if we retain jury trials in those courts, it ought to be consistent with the six-person juries now used in State Courts.
Also, the legislature should be authorized to allow six-person juries in types of cases rather than types of courts. It is not equal protection to provide a six-person jury in State Court for a misdemeanor when a 12-person jury is provided in superior court for the same misdemeanor, particularly since it is the State which chooses the forum.' If six-person juries are restricted to limited-jurisdiction courts, as the Overview Committee proposes, wherever there is concurrent jurisdiction between the superior court and lower courts there will be an inherent disparity in the right to jury trial. Also, the Overview Committee's proposal prohibits the General Assembly from authorizing six-person juries in any types of cases in superior court. It is time to allow the General Assembly the authority to expand the use of six-man juries. Our experience in State Court, where civil cases often involve thousands of dollars and where criminal cases involve imprisonment, has been totally acceptable to the bar, the public, and the court. Although HR 112 did not pass this year, the Constitution should not prohibit its adoption. Also, the report of the news media at the Third Judicial Convocation included this as an acceptable means of satisfying the public's demand for quicker and cheaper litigation for parties and taxpayers.

ARTICLE III, SECTION IV, PARAGRAPH VI: Earlier approved version:
Paragraph VI. Compensation and allowances. The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law.
Alternative 1: Increases during term limited to cost of living adjustment. Paragraph VI. Salaries. The members of the General Assembly shall
receive such salary as shall be provided for by law, but any increase in such salary during the term in which such change is made shall be limited. to the average annual cost of living adjustment granted employees in the classified service of the State Merit System, as calculated by the State Office of Planning and Budget.
Alternative 2: Self-executing increases. Paragraph VI. Salaries. The members of the General Assembly shall
receive such salary as shall be provided for by law and shall be entitled to receive the same average annual cost of living adjustment to such salary as that granted to employees in the classified service of the State Merit System, as calculated by the State Office of Planning and Budget. Such increase shall become effective for members of the General Assembly at the same time that it becomes effective for such state employees. Except as provided in this Paragraph, no increase in salary shall become effective prior to the end of the term during which such change is made.
Alternative 3: Earlier proposal. Paragraph VI. Salaries. The members of the General Assembly shall
receive such salary as shall be provided for by law, but no increase in such salary shall become effective prior to the end of the term during which such change is made.

The Conference Committee on minimum service time for

commuted death sentences has met and recommends that the

recommendation of the Article Committee on this subject be

sustained.

Senate

House

Culver Kidd

Claude Bray

Roy Barnes

J. C. Daugherty

Frank Eldridge

Henry Reaves

ARTICLE VII, SECTION I, PARAGRAPH III:
Paragraph III, Uniformity; classification of property. (a) All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b) (I) Except as otherwise provided in this subparagraph (b), classes
of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. Proposed revision: (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes:
(A) Motor vehicles, including trailers. (B) Mobile homes other than those mobile homes
which qualify the owner of the home for a homestead exemption from ad valorem taxation. (3) Different rates, methods, and assessment dates for different classes of property may be provided by law. (c) The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties.

ARTICLE IX, SECTION III, PARAGRAPH II:
Paragraph II. Local government reorganization; (a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties in which such municipalities are located; provided, however, that no such consolidation shall become effective unless approved by: Alternative I:
a majority.of the qualified voters of each county and municipality directly affected thereby voting in such manner as may be prescribed in such law. Alternative 2: a majority of the qualified voters of the county or counties and of the municipality or municipalities located within such county or counties containing at least ten percent of the population of the county in which located voting in such manner as may be prescribed in such law. Alternative 3: a majority of the qualified voters of each county or of a majority of the qualified voters of the county or counties and of one or more municipalities located within such county or counties voting in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for th consolidated government, and the General Assembly is expressly authorized to delegate its powers to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the General Assembly, or such law may require that the recommendation of any such charter commission be implemented bya subsequent local law. (b) The General Assembly may provide by general law for alternatives other than governmental consolidation as authorized in subparagraph (a) above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental
. reorganization authorized by such law to be approved by the qualified voters
directly affected thereby voting in such manner as may be required in such law. (c) Nothing in this Paragraph shall be construed to limit the authority of
the General Assembly to repeal municipal charters without a referendum.

ARTICLE IX, SECTIOO IV, PARAGRAPH I, POWER OF TAXATION
(a) Except as otherwise provided in this Paragraph, the governing authority of any county, municipality, or combination thereof may exercise the power of taxation as authorized by this Constitution or by general law. (b) In the absence of a general law,
(1) County governing authorities may be authorized by local law to levy and collect business and occupational license fees and license taxes only in the unincorporated areas of the counties. The General Assembly may provide that the revenues raised by such tax or fee be spent for the provision of services only in the unincorporated areas of the county.
(2) Municipal governing authorities may be authorized by local law to levy and collect business and occupational license fees and license taxes in the corporate limits of the municipalities.
(c) The General Assembly may provide by law for the taxation of insurance companies on the basis of gross direct premiums received from insurance policies within the unincorporated areas of counties. The tax authorized herein may be imposed by the state ar by counties or by the state for county purposes as may be provided by law. The 'General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for the reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein.

Conference Committees Outstanding:

1. Article IV, Section II, State Board of Pardons and Paroles (minimum service time for commuted death sentence).

Kidd Barnes Eldridge

Bray Dougherty Reaves

2. Article VI, Section I, Paragraph IV, Exercise of equity power

Barnes Littlefield
Deal

Dougherty Pinkston Buck

3. Article VII, Section II, Paragraph II, Exemptions from taxation of property

Barnes Holloway Howard

Collins Burruss Lee

4. Article IX, Section IV, Paragraph I, Power of taxation

Kidd Eldridge Hill

Coleman Johnson Ware

5. Article IX, Section VI, Paragraph II, Revenue bonds; special limitations

Barnes Holloway Tysinger

Collins Pinkston
Reaves

PAGE 1

STATE OF GEORGIA 2

3

SELECT CO~1ITTEE

4

ON

5

CONSTITUTIONAL REVISION

6

7

8

9

10

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."oG."o.

~ 12 ~

~F~ ! 14 ... on J: 15 .:>

FINAL ~mETING OF LEGISLATIVE OVERVIEW COMI1ITTEE

Cl
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16 ~...

Q

17 gZ THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21
22 Roop.! 3 41 State Capitol
23 Atlanta, Georgia
24 Thursday, August 20, 1981 9:30 a.m.
25

PAGE 2

I NDE X

2

3 Consideration of:

Article VII, Section I, Paragraph III .. 5

4

Article III, Section IV, Paragraph VI ....... 64

5

Article IX, Section II ................ 68

Article VI, Section VIII, Paragraph I ... 70
6

Article VI, Section IX, Paragraph I .. 77

7

Article IX, Section II, Paragraph VI .......... 78

8

Article IX, Section III, Paragraph I I .............. 82

9
10
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Article VII, Section IV, Paragraph I I ............... 85 Article I , Section I , Paragraph X .. & . . . . . . . . . . . . . . . . . 86 Article VI, Section IV, Paragraph I .............. 87 Article VI, Section III, Paragraph I .................. 88 Article VI, Section VI, Paragraph I I ......................... 89 Article VI, Section VIII, Paragraph I ........................ 90 Article VI, Section VII, Paragraph I ............................ 92 Article X, Section I, Paragraph I ............................... 94 Article X, Section I, Paragraph I I ............................... 95 Article X, Section I, Paragraph I I I .............................. 96 Article X, Section I, Paragraph IV ................................ 96 Article X, Section I, Paragraph V .................................. 96

18

Article X, Section I, Paragraph VI ............................... 97

Article XI, Section I, Paragraph I ............................... 97

19
Article XI, Section I, Paragraph I I .............................. 98

20

Article XI, Section I, Paragraph III ........................... 98

21

Article XI, section I, Paragraph IV ............................ 99

Article XI, Section I, Paragraph V .............................. 99 22
Article XI I Section I, Paragraph VI ..... 101

23
Motion to Adopt Constitution as Amended .. lOl

24

Adj ournment

103

25

PAGE 3

PRO C E E DIN G S

2

9:45 a.m.

3

GOVERNOR BUSBEE: If everyone will take your seat,

4 we will begin the proceedings. If everyone will come to order

5 and all in the back will take a seat, we will being the

6 proceedings.

7

At our last meeting we had, after looking at the

8 report of our meeting, I think the scenario was as follows:

9

We had a staff recommendation that we took up on

10 Article VII, Section I, Paragraph III, that was adopted

11

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l-

immediately after

the

recess

that

left

land

classification

e ; i."oe.<". as it was in the old conptitution, just restrucnured it. We then took up other business, then Representative

! 14 Collins was recognized, and he moved to reconsider our

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15 .:l action in adopting that paragraph.

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16 ~

When he made the motion to reconsider, it was

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17 gz reconsidered, and then he offered an amendment on land

18 classification. I announced the votes, which were in the

19 House the ayes were 12, the nays were six; in the Senate the

20 ayes were 10 and the nays were five.

21

After that and following my announcement that it

22 had been adopted, Senator Holloway was recognized for the

23 purpose of presenting the conference committee report on

24 Article IX, Section VI, Paragraph II.

25

After discussion, it was adopted.

PAGE 4

Then Senator Lester was recognized, and while he

2 was presenting a motion on Subparagraph (3) of Paragraph I

3 of Section IX, the question of a quorum was brought up.

4

We have had the question of a quorum brought up

5 only on two occasions since we have begun our deliberations.

6 One was back on August the 6th when we were considering the

7 judicial article, the Chief Justice raised the question of

8 a quorum; no quorum was present and we immediately adjourned.

9 It was then brought up at the time I just pointed out.

10

So while we have not set the quorum in parliamentary

1:1

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procedure,

it would be

a

majority of

those members

from

the

@;i House and the Senate. However, after consultation I have determined that

! 14 ... I had already announced the vote on Mr. Collins' motion, we 'z": 15 q had already transacted other business, no quorum was
1:1
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16 .~.. challenged, and no challenge was made to the announcement Q
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17 ::: of the Chair that the Collins amendment was adopted.

18

That being true, then my ruling is that the Collins

19 amendment was adopted and is found on page 54 of the long

20 document that's handed out. It says "For further discussion,"

21 but my ruling is that it is adopted.

22

So with that we can proceed from that point.

23

Is there any question about the ruling of the Chair

24 on that?

25

I think if you'll look throughout the minutes you'll

PAGE 5

see as was pointed out last time that the Chair has

2 consistently ruled where you have a plurality of the votes

3 in the House and in the Senate that I have announced that

4 the motions were adopted; this ruling has never been

5 challenged, and I don't think it would be fair to depart on

6 the Collins amendment.

7

Senator Bell.

8

SENATOR BELL: Just a clarification. The ruling of

9 the Chair is that the Collins amendment is now part of the

10 recommended constitution?

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GOVERNOR BUSBEE: That's correct.

~ 12~

SENATOR BARNES: Mr. Chairman.

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GOVERNOR BUSBEE: Senator Barnes.

! 14 I'" J:

SENATOR BARNES: Mr. Chairman, I think there is

15

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1a.:7

widespread

feeling

that

the

farmers

ought

to

be

given

some

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16

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relief,

but at the same

time

in

looking

at this

language

as

17 : as adopted last meeting it is very broad language, and in

18 order to effectuate some type of middle ground hopefully,

19 or either to reconsider the action completely, I move that

20 this body reconsider its action in adopting the Collins

21 amendment to Article VII, Section I, Paragraph III which is

22 found on page 54.

23

SENATOR HOWARD: Seconded.

24

GOVERNOR BUSBEE: The motion is made and seconded.

25 Representative Collins.

PAGE 6

REPRESENTATIVE COLLINS: I was just going to rise

2 to second.

3

GOVERNOR BUSBEE: There is a second. Is there any

4 further discussion?

5

SENATOR BARNES: What did Collins say?

6

GOVERNOR BUSBEE: Is there any further discussion?

7 Is there any objection to ordering the previous question?

8

Hearing none, the previous question is ordered.

9 All those in favor of reconsidering your action in the

10 adoption of the Collins amendment to Article VII, Section I,

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11

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Paragraph

III,

rise

and

stand

until

you're

counted.

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(A show of hands.) GOVERNOR BUSBEE: All right. Reverse your position.

14 !...

In the House the ayes are 24, the nays are zero;

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15 ~ in the Senate the ayes are 20 and the nays are zero.

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All right. The motion to reconsider is passed

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17 : unanimously by the House and by the Senate.

18

Representative Collins.

19

REPRESENTATIVE COLLINS: Mr. Chairman, I have another

20 amendment at this time that I would like to present to this

21 committee, and I have copies of it for all of you, because 22 you and other members have expressed interest in trying to 23 do something for the farmer; you have expressed interest that 24 what we had was too broad, so this amendment will define, it

25 will I think bring it within the lines that you and others

PAGE 7

have indicated they want.

2

So at this time, Mr. Chairman, I would like to

3 offer an amendment to Section VII.

4

GOVERNOR BUSBEE: All right. Do you want to pass

5 out the amendment to all the members, please?

6

REPRESENTATIVE COLLINS: I will give them to the

7 staff.

8

(Pause. )

9

A VOICE: We've got to have a caucus on this thing.

10

GOVERNOR BUSBEE: Senator Barnes.

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11 Ioa.".-":.

SENATOR BARNES: Let Representative Collins explain

~ 12 ~ it first, then I have a question.

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GOVERNOR BUSBEE: Representative Collins, would you

14 ~ like to explain this first? The Senator would like you to

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15 .:l explain. They have just seen it for the first time they said.

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16 .~..

REPRESENTATIVE COLLINS: Mr. Chairman, what I would

oz

17 : like for my motion to be would be to delete the amendment

18 that was placed in last week and substitute this in lieu of

19 it.

20

This amendment tries to define what a farm is; it

21 tries to spell out what percentage you would be giving in a

22 reduction; it tries to eliminate the speculators from coming

23 under this, and from what everybody has said we have tried

24 to address their interests in this amendment.

25

Most of them didn't want to give the General Assembly

PAGE 8

the authority to corne back and just by a majority vote change

2 this, and this would not because it's pointed out in the

3 constitution.

4

If there's any question on any particular part --

5

GOVERNOR BUSBEE: They wanted you to explain what

6 it did was the question I think.

7

REPRESENTATIVE COLLINS: Basically what it does, it

8 says that farm and forest land after you sign the ten-year 9 covenant would go on the books at 75 percent of what other

10 properties is.

It basically defines what a farmer is, and it defines

a farm corporation.

It also puts a cap to where your big people that has

above 2,000 acres could not corne under this provision. In

other words, they would be cut off at the 2,000 acre mark.

It does have a penalty there to where in the event

the farmer after he signs this covenant doesn't go through 18 with it, in the first five years it would take five percent 19 of the sale price of his property, and it reduces one percent

20 per year then through the sixth through the ninth year.

21

GOVERNOR BUSBEE: Are there any questions? Senator

22 Holloway.

23

SENATOR HOLLOWAY: I would like to ask Mr. Collins,

24 does this document have any footprints anywhere? Is it being

25 used by any other state that you know of, or is it a virgin,

PAGE 9

or just what is it?

2

REPRESENTATIVE COLLINS: Senator, as you know some

3 48 states out of the 50 have something, and there is other

4 states that has things similar to this.

5

This was something that was prepared, tried to take

6 the loopholes out of speculators or people that wasn't

7 entitled to this taking advantage of it, sir.

8

GOVEro~OR BUSBEE: Let me observe from the Chair

9 that we have had the Tax Reform Commission which has been

10 working for some time, and which I have lent some assistance

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11

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to

over

a

period

of

over

a

year,

recognize

some

need

for

~ 12 ~ agriculture, and what I have is a letter that we got from

~r~ the Executive Director, Jack Morton, that kind of outlines

! 14 what's happened in other states, some of the studies that ~

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15 .:l have been made by the Commission. They never could agree

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16 .~.. on but one recommendation which would really -- I don't know

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17 ::i that it would be anything like you have here.

18

What I have done is made copies for everybody so

19 that you might have the background as to what has been done

20 in other states. I would like to ask staff if they will to

21 pass this out to the members so they will have the benefit

22 of what has been done, what is occurring in other states, so

23 if you'll pass this out at this time.

24

(Pause. )

25

SENATOR BARNES: Mr. Chairman.

PAGE 10

GOVERNOR BUSBEE: Senator Barnes.

2

SENATOR BARNES: Mr. Chairman, of course this is

3 quite a long amendment, we just saw it. I move that this

4 body, stand in recess until eleven o'clock.

5

A VOICE: How about 10:30?

6

A VOICE: 10:30, Roy.

7

GOVERNOR BUSBEE: Let's split it and make it 10:45.

8 Is that all right?

9

SENATOR BARNES: 10:45.

10

GOVERNOR BUSBEE: All right, he's amended that.

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11 j: There is a motion that we stand in recess until 10:45 so
.'o.."...
@~j that we might reflect on all the handouts. If no objection, we'll stand in recess until 10:45.

14 .~..
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(The committee meeting was recessed from 10:02 a.m. until 12:15 p.m.) GOVERNOR BUSBEE: Let me just say that the Senate,

18 some of them have been caucusing, some of the House are

19 caucusing now. The Speaker just asked if we would, since

20 lunch time is here if we could recess until 1:15, so we

21 will stand in recess until 1:15.

22

Let me just say this, please be here at 1:15 because

23 we are going to be ready to proceed at that time. We are in

24 recess.

25

(The committee meeting was

2
3
4 5
6
7
8 9
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19
20
21
22 23 24
25

PAGE 11 recessed at 12:15 p.m., to reconvene at 1:15 p.m.
+++

PAGE 12

AFTERNOON SESSION

2

1:25 p.m.

3

GOVERNOR BUSBEE: If everybody will take your seat,

4 we will ask the doorkeeper to search the halls and bring the

5 House and Senate members in, we are ready to start.

6

I am sorry we have taken past the time announced for

7 the recess this morning along with the lunch hour, but I know

8 there's been a lot of discussion by members of the House, by

9 members of the Senate.

10

Before starting this afternoon, I would just like to

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11 i: make a general statement as we try and complete the task we
@;;""o.."". set out to do some years back because we're down now to the final hours.

! 14

I know there are some areas of continuing concern to

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15 ~ the House members, the Senate membersi there are concerns I

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17 : just like to discuss for a moment.

18

As I said at the beginning of our deliberations, by

19 having such a broad base of leadership in the House and the

20 Senate that if we could come to some reasonable conclusions

21 for a new constitution that was in tune with the people of

22 this state that I thought that I thought that it could be

23 sold at the special session of the legislature commencing

24 next Monday.

25

I would just like to be very candid, and I have

PAGE 13

talked with many of the Representatives, the Speaker, the

2 Lieutenant Governor, and the Senators and others, but there

3 are only about four or five real basic concerns that we have

4 here that if we could resolve we could have a new constitution 5 for the people. I would just like to mention some of these

6 areas as we go about our deliberations.

7

One is on the question of property classification.

8 When I mailed you the call for the session I sent you a 9 transcript of the remarks that I made at the press conference

10 the day that it was issued.

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I pointed out some of the plight that the Georgia

farmers were in in the state, and what an important economic

factor that they were, the fact that we have had a property

! 14 ... revision commission trying to address this problem and to '" :I:
15 .:. come up with some reasonable recommendation that the people CI '"::l
16 .~.. would accept, and I still feel that way, and I think it is Q Z
17 : something that should be considered by the people in the event

18 you were to pass it.

19

If you recall, we have had a uniform classification

20 and we have had another industries that were in the crisis

21 the farmers are in now. We had the mobile horne industry

22 that was just in disarray, and disaster struck, and there was

23 a constitutional amendment the people voted for.

24

I think we have had three years that have been the

25 most disasterous years in my memory for the farm community

PAGE 14

in this state, so I think if there was ever a time that it

2 would be propitious for the people to consider any relief

3 for this segment of our economy it is probably right now

4 more than it has been since 1957 when I came to the

5 legislature.

6

I recognize that there are some people that are

7 genuinely concerned in this area.

8

Going to another area, there has been a lot of

9 discussion about the term of the Governor, whether it be one

10 term or whether it be two terms. Ycu have a provision that's

11

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already

been

adopted

for

one

term,

and

there

are

others

that

@ ; j desire two terms. There's been a lot of speculation in the press as to what the people's desire might be at this time.

14 !...

I have two other areas that have been identified as

':"z:

15 .:l concerns, we must recognize other branches of government.

"'":;)

16 .~.. One is in the judiciary

Q

Z

17 ::

In the judiciary we have had some dilution of power

18 of the judiciary from the status that we now stand. I think

19 all of us recognize the rules of practice and procedure should

20 be reviewed and passed by the General Assembly. The rules of

21 evidence should likewise be passed by the General Assembly,

22 and that is the way we have it now.

23

But there is some grave concern in two areas, and

24 one is administrative rules or the rules of the court which

25 they now have the inherent power to adopt. The other one is

PAGE 15

on the admission to practice. That would be the two concerns

2 in the judiciary.

3

As far as the legislature is concerned, there has

4 been a lot of cornraent about the legislative pay being

S written into the constitution, and I might be the guilty

6 party as far as the status we're in on that.

7

I have talked now with the Speaker, the House

8 members, the Lieutenant Governor, the Senate members, and

9 these are the major differences we have.

10

I would like nothing better than to see us corne here

..,

z

11 ...ojaoc:.: Honday and be able to consider a constitution that you have

@;I worked on for a long time, and many citizens and other people have worked on for a long time, that we might have some

! 14 I':<:"zl::
1S .0.,) oc: :::>
16 .~.. Q
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17 :;

reasonable chance of adopting and still not preclude the people from being able to express themselves in that area.
So as we come to the fading hours I would just like to say that these are the areas I believe that if we could

18 resolve, you the leadership of the House and the Senate with

19 this broad base that we have here, that we could avoid having

20 a standoff between the House and the Senate, me putting into

21 the call of session the constitution, and then not adopting

22 the constitution. I think that in itself would be disasterous.

23

I would like to say that I redognize the concern

24 of the people on some of these fundamental issues,

2S particularly on the property tax. They're vitally interested

PAGE 16

as we all know in property tax; some feel they're interested

2 in whether or not they want the one or two-term Governor.

3

I would like to say that I have no objection to

4 addressing these issues in the session if the people have a

5 right to respond to what we do and what you the legislature

6 do.

7

Now, there has been a proposal for property tax

8 that's been made by some of the Senators, there's been a more

9 lengthy one proposed by Mr. Collins and some of the House

10 members.

I have no objection that this issue be brought to

the people. We have had the tax revision commission; I have

handed out to you from Jack Morton today the status of all

the work that has been done. If we could address these four p+oblems and resolve

them and give the people a chance to express themselves on them, then we can have a constitution for this state that 18 you could look back for years after you leave the service of 19 the public and leave the legislature that I think you could

20 be proud of.

21

I would like to suggest to you that I think if we

22 today could resolve that -- and I'm not saying whether it be

23 the House side or whether it be the Senate side -- as far as

24 having included in the call a separate amendment so that the 25 people could express themselves on it, I would not be in

PAGE 17

opposition to this. I would not be in opposition in the

2 event you passed them, but at least they would have a right

3 to express themselves on it, and I do think that the public

4 of the state senses the economic plight of the farmer today

5 as they did the mobile home industry when we had that.

6

As far as the Governor's term, you have already had

7 adoption for four years. You could put a separate amendment

8 on the eight-year term, the people would have a right to 9 express themselves on it, and that should end any argument

10 between the House and the Senate on that fundamental issue.

Really in talking with the members of the House and

the Senate I think we can resolve the judiciary matter that

I have just talked about, and I think we can resolve the

legislative pay that I plead guilty to some extent in creating

the position that we're in.

I just wanted to lay it all out on the table now

and say that we have just come to the point where we're going 18 to have to make some fundamental and very basic decisions,

19 and I would just like the input of your leadership and see

20 if we can't resolve some of these issues.

21

The only thing and I'm not suggesting on this

22 Governor's term thing anything other than I would hate to have

23 a standoff between the House and the Senate, and I think that

24 would be a reasonable compromise.

25

As far as the tax exemptions are concerned, I have

PAGE 18

helped to support the tax revision commission, I have passed

2 out what they have accomplished and the study that they've

3 made of all the states in the United States.

4

I don't know if it would be necessary to resolve

5 every word that would be in such an amendment today, that

6 could possibly be reserved and done in the session between now

7 and then, and the tax revision commission itself could have

8 some further input into it.

9

But I just say to you, without being anything but

10 honest, there's just no way that \e could in my mind take

@;;11

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the article

on

taxation and

create

a

separate

classification

and bury it into the constitution and the people not be able

to express themsleves.

14 ~I

I have been kind of cast in the role that I'm

':z":

15 ~ opposed to doing anything as far as giving some agricultural

"or:
;;)

16 ~... relief when it's not true, but I have to say what I feel that

Q
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17 : it is a matter that the people should be able to express

18 themselves on, and I honest to God believe that most people

19 in this state do recognize the economic problems that this

20 industry and important industry suffers today, but there's no

21 way that I could in good conscience avoid the people on

22 something this fundamental.

23

I just wanted to have some very deliberative

24 discussion on these issues, and if we can resolve something,

25 do it.

PAGE 19

Hr. Speaker.

2

SPEAKER MURPHY: Governor, members of the committee:

3

I think I have told most of you --

4

A VOICE: Can't hear you, Mr. Speaker.

5

SPEAKER 11URPHY: I think I have told most of you

6 House members individually over the period of the last few

7 weeks that I felt like that there were four issues that had

8 to be determined in order for the people to adopt any

9 constitution this body might approve and the General Assembly

10 might approve.

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11 j:

I said first of all that I felt like that the two

.'lo".L.

@;i terms for the Governor had to be rectified or that the people would not adopt this constitution because they would take the

14 .~.. position that we were reversing what they had overwhelmingly

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15 ~ done some four and a half years ago.

"'::">

16 ~

Second of all, even though I was the one that

Q

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17 ~ instituted the change on the legislative salary, I said I

18 felt like we had to go back to the provision that provided we

19 could not raise our salary during the term that we're elected

20 for. I still think it's wrong, I still think that gives the

21 press two shots at us when we raise it this year to take

22 effect two years from now, but I think without putting it

23 back in there that we can't raise our salary that the people

24 are not -- during the term we're elected for -- the people

25 would not adopt the constitution.

PAGE 20

The third thing that the Governor did not discuss

2 that I feel like that we have got to put back in this

3 constitution is the home rule provisions for the counties

4 and cities that they've got in the constitution. I have not

5 changed my mind about that, I think that is ridiculous to go

6 in the constitution, but I think it's the only way we're

7 going to pass a constitution is to put it in there, spell it

8 out in the constitution what they worked under for years

9 because the same thing is now in the statute.

10

I disagree with the Governor on the statements he

11

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made

about

the

judicial

article.

I disagree with him, I

@ ; j don't think there's been any drastic change in the judicial article to amount to anything. I disagree very seriously,

14 ~ very strongly with him on that.

I-

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%

15 .:I

As far as the classification for taxation, I could

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16 .~.. use my county as an illustration. When I was a boy, it seems

Q

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17 : like centuries ago, somewhere between forty and fifty percent

18 of the people in my county were farmers. I'm talking about

19 actually plowing mules. Some few of the rich ones had

20 tractors, I was one of the unfortunate ones that plowed mules

21 myself, but between forty and fifty percent of the people in

22 my county were farmers.

23

Now in my county you can count on one hand, surely

24 no more than two hands every farmer in my county, and as most

25 of you know my county is one of the largest land area

PAGE 21

counties in the state of Georgia, the reason being they

2 simply cannot make a living on the farm and pay the taxes

3 that they're having to pay on the farm. It just cannot be

4 done.

5

I also am aware of one principle. Many times in my

6 life of 32 years of practicing law I have had to take a whole

7 lot less than I wanted. My brother once told me, and many

8 of you who knew my brother know that I think he was the 9 smartest man I ever knew -- he once told me when I was a young

10 lawyer, he said "Son, if you can't get the whole loaf, take

Czl
11 I-
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three-quarters of a loaf. If you can't get three-quarters, take a half. If you can't get a half, take what you can get," so that's the position I'm in trying to take what I can get

14 ~ of the loaf.

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I would much prefer to see the language that the

Cl

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16 ~... Senate has recowmended put into the constitution; I would much

17

cz
g

prefer to

see

it put in the constitution and let it be voted

18 on as one issue; I would much prefer that, but it's obvious

19 we're not going to be allowed to do that at the special

20 session unless it is a separate issue, so I'm in the position

21 of taking what I can get. If that's all that we can get,

22 that's what I would like to see us take.

23

It would make me very sad to see the long, long

24 hours of work that have gone into the preparation of this

25 constitution -- with four or five changes it would be a fine

PAGE 22

constitution, it would be a good constitution, but it would

2 make me sad to see the long hours and hard work that's gone

3 into this constitution both by the revision commission and by

4 members of this body go down the drain, and I'm afraid that's

5 what we're on the verge of doing right now.

6

I would hope that all of you would on our side

7 would search your hearts and your minds and do what you think

8 is best for your constituency, keeping in mind that we do so

9 drastically need a new constitution, and that there are some

10 great changes in this constitution that will be good for our

" 11

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state.

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I think it is time now that it's come to the place where we're going to have to exercise statesmanship and we're

! 14 going to have to do it whether we like it or not, and I just I':~z":
15 .: ask you to consider it when it comes time to vote.

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GOVERNOR BUSBEE: Lieutenant Governor Miller

17 ::

LT. GOVERNOR MILLER: I'll be very brief.

18

I share many of the same sentiments that the Governor

19 and the Speaker have expressed. When I look at people like

20 Robin Harris and Wayne Snow and many others who have devoted

21 literally months of their life, to think that we're this close

22 to having a constitution or at least being able to have a

23 document that we can put before the General Assembly and then

24 the people, I think that we have got to swallow real hard 25 and know full well that there is no way that sixty persons

PAGE 23

that are part of this committee are going to be able to get

2 unanimous agreement on every issue.

3

I think what the Governor has outlined as a

4 compromise, that is putting the Governor's term separate,

5 putting classification of property separate, working on the

6 legislative pay and the judiciary section and I think the

7 Speaker brought up another one concerning home rule -- surely

8 we can come up with a compromise on those two or three word

9 changes and put those as separate to the people to vobe on

10 when you come out with the document, and I would certainly

~

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11

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like

to

see

us

do

that.

12 ~

GOVERNOR BUSBEE:

All right.

Mr. Collins.

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REPRESENTATIVE COLLINS: Mr. Chairman, members of

! 14 ... the committee:

'<"{

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15 ~

I have been listening to what part of it hadn't taken

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16 ~... place when I come in -- Governor, you was in your presentation Q
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17 g -- but I would like to say that I object to the placing of

18 the taxes article classification in a different section.

19 I would like to submit to you that we did have a tax

20 revision commission, and the charge to this commission was

21 the commission shall make a preliminary report to the 1979

22 session of the General Assembly and a comprehensive report

23 of its findings, recommendations and suggestions for proposed

24 legislation to the 1980 session.

25

Then I would like to show you a copy of the document

PAGE 24

that was printed which stated basically what your last two

2 paragraphs was in the letter you got from Mr. Horton.

3

I think there is a lot of people that have put a lot

4 of time into this, I think it's something that we should

5 address; I think it is something we're doing the people wrong

6 in this state that feeds the people for twenty percent or

7 less of their income.

8

I think if we neglect the industry that offers

9 employment to sixty percent of the people through agriculture

10 and agribusiness that we've neglected the most important

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thing

that we come

here to address,

so

I

beg you not

to put

@);~j your taxes in a separate section. I think you owe it to the people of this state, and they will have an opportunity to

! 14 vote on it, it's nothing that's going to be held out I':~z":
15 ~ there's a lot of things in here that I disagree with that CI Ill: ::l
16 ~... we're not going to break out in separate sections and let Qz
17 : the people vote on everything we've done, so I can't see

18 why we need to do it in the tax article if we're not going to

19 go back to all of them and do it on the whole thing.

20

Thank you, sir.

21

GOVERNOR BUSBEE: Senator Barnes.

22

SENATOR BARNES: Parliamentary inquiry.

23

GOVERNOR BUSBEE: State your point.

24

SENATOR BARNES: vfuere do we stand as far as --

2S We have voted to reconsider --

PAGE 25

GOVERNOR BUSBEE: The progress that was made this

2 morning was that we did vote to reconsider unanimously the

3 Collins amendment, and Mr. Collins moved to amend the Collins

4 substitute and passed out the long sheet that you had this

5 morning.

6

At that point we recessed. There has been no second.

7 This is where we now stand.

8

REPRESENTATIVE PINKSTON: Mr. Chairman, in order that

9 we may get ourselves into some perspective and divide these

10 issues and take them where I can understand them at least in

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...0'"
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12 '" that we reconsider our action or do whatever is necessary on

@. 1-/I the two-term Governor situation to put it into a situation

14

1
>- where

the

people

can

take

an

option

of

voting

for

one

or

the

~

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15 .:I other, whatever is technically correct to do that

CI

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16 z.I.I.I

GOVERNOR BUSBEE: I think from a parliamentary

Q

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17 '"III standpoint, Mr. Collins has a motion that's on the floor,

18 Representative Pinkston.

19

A VOICE: I believe you stated there was no second.

20

GOVERNOR BUSBEE: There was no second, so that is

21 the motion that's on the floor and 'ltle would have to relate to

22 that.

23

Then I was saying in deference to you that if we can

24 resolve this issue then I would propose that we go to your

25 issue.

PAGE 26

REPRESENTATIVE PINKSTON: I was trying to resolve 2 maybe some of the less difficult things at the beginning and 3 take them step by step.

4

GOVERNOR BUSBEE: That's a critical thing. We can

5 corne to that next unless there's objection.

6

SENATOR BARNES: What happens if his motion is

7 defeated? If his substitute is defeated which is on the

8 floor, then we can put back the original

9

GOVERNOR BUSBEE: You can put back any language that

10 you want or treat it as a separate item.

Senator Holloway.

SENATOR HOLLOWAY: As I understand it, if this motion

is defeated, Representative Collins' original motion on

classification is still in the document.

GOVERNOR BUSBEE: That's correct.

SENATOR HOLLOWAY: There would have to be a motion

made to replace that with other language.

18
GOVERNOR BUSBEE: You could have a substitute to

19
just remove the language that seems to be -- it was unanimous

20
to reconsider. If you want to remove that and then put

21
something else in, you could do it. It would take a motion

22 to take it out, and we'll start afresh.

23 Let me just explain. You're not taking any final

24 vote on this, you're voting on

my ruling would be you're

25
voting on Representative Collins' amendment. If that's voted

PAGE 27

down, you would still have this old language that would still 2 be there, so you could propose other substitute language, but

3 the issue would not be dead is what I'm saying. Your language

4 would still be under there; do you agree, Mr. Collins?

5

REPRESENTATIVE COLLINS: Yes, sir.

6

SENATOR HOLLOWAY: Call for the question.

7

GOVERNOR BUSBEE: Representative Johnson.

8

REPRESENTATIVE JOHNSON: Mr. Chairman, I have a

9 statement I would like to make.

to

First I would like to state that I'm opposed to the

"z

11 j: concept of property tax classification, and I keep hearing

.'ol">...

@)~~

that we haven't done anything for the farmers in this state. Maybe we haven't done enough, but that is not a correct

14 .~.. statement .

':"r

15 ~

If we take the taxes off the farmers in this state

"'":)

16 .~.. we're going to be putting them on someone else; we're either

a

17 gZ; going to be putting them on the merchants, the other property

18 owners, the homeowners in this state, and you folks get out

19 of here after you do that and start running for reelection

20 and go around to that little country store out there and

21 you've caused that merchant's taxes to go up, he's probably

22 going to throw you out of it.

23

I want to tell you we've done plenty for the farmers.

24 If you don't believe it, all you've got to do is take a look

25 at the sales tax exemptions for farmers, and I've got enough

PAGE 28 copies here for everybody to have one of them, they're exempt 2 from the sales tax on everything from seed to fertilizer to 3 irrigation equipment, farm tractors, combines and everything 4 else. They don't pay -- the guy goes out here and he buys 5 a $50,000 piece of equipment, he's got a $1,500 sales tax 6 break right off the top; if he buys a $150,000 combine he's 7 got a $4,500 sales tax break right off the top. So I don't 8 buy the argument that we haven't done anything for the 9 farmers in this state, and I think we ought to leave the 10 property tax classification section 'of the constitution just like it has been, it's worked well since 1945 and probably before then.
Thank you. GOVEP~OR BUSBEE: Is there any other observation? Representative Collins. REPRESENTATIVE COLLINS: Mr. Chairman, I would have to corne to the defense of these people since it was mentioned 18 about the sales tax exemption. I think if the gentleman 19 would look at the businesses in his county that they don't 20 pay -- if they process cotton, they don't pay it on cotton, 21 if they process peanuts they don't pay it on the peanuts, 22 if they run a cannery that buys $50,000 worth of steel they 23 don't pay it on that canning. The farmer is the beginning 24 of a manufacturing process, and people has got to realize ~5 " that.

PAGE 29

GOVERNOR BUSBEE: Any other observations?

2

SENATOR BARNES: Call the question.

3

GOVERNOR BUSBEE: Is there any objection to ordering

4 the question?

5

If not, I'm going to order the question. Let me

6 just state now parliamentarily the effect of the adoption

7 would be Mr. Collins' old language would still be there and

8 you could have any other substitute. We're going to pursue

9 this until we conclude it.

10

All right. The motion then is on the -- the motion

l.7

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.11

j:
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is on Mr.

Collins'

amendment which would be placed into the

12 ~ constitution, and that's the long version. That is the motion.

@)r l Is there any question about the parliamentary procedure?

! 14 I'" :I:

All those in favor rise and stand until you're

15 ~ counted.

l.7
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16 .~..

(A show of hands.)

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17 gZ;

GOVERNOR BUSBEE: Reverse your positions.

18

(A shO\'I7 of hands.)

19

SF,EAl{ER MURPHY: Twelve and Twelve.

20

GOVERNOR BUSBEE: The amendment fails then. I gave

21 him the opportunity to vote, and he says he's not a member of

22 the committee so he can't vote on the amendment. The amend-

23 ment fails then.

24

Now you're still back to Mr. Collins' old provision.

25 All right, Mr. Collins.

PAGE 30

REPRESENTATIVE COLLINS: I have another amendment

2 that I would like to offer in substitute for the amendment

3 that was adopted last Wednesday, sir.

4

GOVERNOR BUSBEE: All right. Let me ask you -- I

5 said I would come for an amendment here, then I would come

6 back to you. I gave you the first opportunity, you moved, and

7 then Senator Barnes did you have an amendment?

8

REPRESENTATIVE COLLINS: I didn't know you had made

9 any --

10

SENATOR BARNES: Let it go.

1.:1

Z

@j);111 i= I..o:...t.

GOVERNOR BUSBEE:

would yield to you.

We'll go to yours. He said he

The vote was twelve to twelve in the House; six

! 14 ... ayes and 16 nays in the Senate, so it lost

':z":

15 ~

This is the new one. Will you pass out this to all

1.:1

I:t

:::>

16 ~... members? Everybody hold up your hand who has not seen Mr

Q

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17 ~ Collins' last amendment.

18

(Pause. )

19

GOVERNOR BUSBEE: Everybody please take your seat.

20 All right. Everybody please pay attention.

21

I want to make sure that I'm at the right point on

22 parliamentary procedure.

23

Now, Representative Collins has handed out this one

24 paragraph, and I believe you move for its adoption.

25

REPRESENTATIVE COLLINS: Yes, sir.

PAGE 31

GOVERNOR BUSBEE: Is there a second?

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: All right, there's a second.

4 I recognize Senator Gillis.

s

SENATOR GILLIS: Mr. Chairman, I move that we have a

6 substitute for Representative Collins' motion on Article VII,

7 Section I, Paragraph III, which states that the General

8 Assembly shall have the authority to classify farmland or

9 homesteads as separate classifications of property, provided

10 however that such classification be approved by three-fifths

vote of both houses of the General Assembly.

GOVERNOR BUSBEE: Senator Barnes.

SENATOR BARNES: I move to amend the substitute of

Senator Gillis by having that question that his motion

substituted that he's just stated stated as a separate

question to be voted on at the same time as ratification of

the amendment, and by striking the Collins language that

18 presently is in the constitution.

19

GOVERNOR BUSBEE: The motion -- let me see if I can

20 restate the motion and if the authors would agree that this is

21 the motion:

22

I think the motion is that we delete Subparagraph

23 (d) on page 54 which was the old Collins amendment, and that

24 we add the language that Senator Gillis has that by three-

2S fifths vote by the legislature that you could change

PAGE 32

exemptions, homestead exemptions, and the farm classification,

2 and you have that in writing before you.

3

What Senator Barnes' amendment to that -- now I

4 assume he'll accept this -- that that in itself be a separate

5 issue, that I include that as a separate issue as I would the

6 Governor's term. Is that right?

7

SENATOR BARNES: That's right.

8

SENATOR HOLLOWAY: Also eliminate the Collins

9 language.

10
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11 ...
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GOVERNOR BUSBEE: I stated that first. Representative Phillips. REPRESENTATIVE PHILLIPS: I would like to speak on the Barnes amendment if I could have a chance, please. GOVERNOR BUSBEE: All right REPRESENTATIVE PHILLIPS: Mr. Chairman, we have been here this afternoon and we have heard from you as Governor, from the Speaker and from the Lieutenant Governor of the needs

18 in this state as far as relief or help on farmland for ad

19 valorem tax purposes.

20

We are seeing the prime land of this state moving

21 out of farming into other categories; we have seen a lot of

22 foreign ownership coming in, and we are going to see more

23 because of the tax problems, so I think that's recognized by

24 everybody of the great need, and I haven't heard anybody in

2S this room that has not stated that there is a need as far as

PAGE 33

reclassification of farm property is concerned.

2

I would like to speak on Senator Barnes' amendment

3 as far as separating the issue. Let's be practical, I cannot

4 understand why this issue cannot be in the full document of

5 the constitution because everything else that we considered

6 is in there, and there's certainly issues that members cannot

7 fully agree on.

8

Now, if this is not put in the full document of the

9 constitution and then you and the other leadership goes out

10 and support the full constitution with the leeway of opposing

~

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12 ~

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17 :::i

this separate issue and the press of this state opposing this separate issue, it will not pass, so we're not doing anything but feeding what everybody in this room has said is needed so dearly by separating the issue from the constitution, and I hope that the members in this room will defeat the Barnes amendment and then come back and consider either the Gillis amendment as it was proposed or the original motion of Mr.

18 Collins because all we're doing is we spent this summer, and

19 for this group of people who are desperately needing some

20 help to be completely left out, and they'll be left out when

21 the vote is completed on the constitution.

22

Thank you.

23

GOVERNOR BUSBEE: Let me clarify one thing,

24 Representative Phillips. In the statement that I made I was

25 not proposing any particular language, whether it was

PAGE 34

Representative Collins' language or Senator Gillis' language; 2 I just stated that I would be willing to include in the call 3 of the session this question providing the people would vote

4 on it as a separate amendment, and also as far as the 5 Governor's term, I stated that, but I was unwilling that this 6 be buried into the constitution and they not be afforded that,

7 and I think I made myself clear on that.

8

REPRESENTATIVE PHILLIPS: I think you have, Governor,

9 but I think you realize the work that's gone into this.

10

GOVERNOR BUSBEE: Yes, sir.

REPRESENTATIVE PHILLIPS: I think you see the need

for a constitution as much as any of the others. I cannot

understand your position that this one issue which is so

desperately needed that you can't include it in the

constitution and include it in the call.

GOVERNOR BUSBEE: I said I would be willing to do it

and let the people vote, but I'm not going to bypass the

18 people on the question.

19

I have worked as hard as anyone else in the

20 legislature I think as far as exemptions for the farmers,

21 you heard a lot of them today on"the local option sales tax

22 and others, and I've stated I recognize the need now.

23 I still want the people to vote on it for me to include it

24 in the call, and I'm sorry we have that difference.

25

All right. Representative Reaves.

PAGE 35

REPRESENTATIVE REAVES: Mr. Chairman, I would like t(

2 say just a word concerning that. I serve on the Prime Farmlan(

3 Study Committee, a joint committee of the House and the

4 Senate. I have seen nowhere anybody opposed to doing some-

5 thing to preserve the prime farmland of Georgia.

6

We have studied issues from the states of Pennsylvania

7 and all these other places, and they're all doing -- some of

8 these states like Maryland which is not concerned with

9 agriculture like us -- I can't conceive how you can compare

10 CzI
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agriculture in Georgia to the mobile home industry. That is just the most outrageous thing I've ever heard of because agriculture is the number one thing of Georgia and we've got to have it, agriculture and water, and why this is such an

14 ~ ~

issue here today between this body of men,

I

cannot understand

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15 ~ that, and I think it is a disgrace to the State of Georgia

CI

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16

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or

to

this

group

that we can't do

something

to

try to preserve

z

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17 : the farmland of Georgia, and that's the issue now is trying to

18 keep the farmland where the people can still keep it instead

19 of it going out in the subdivisions and such as that. I hope

20 we can get together on it.

21

GOVERNOR BUSBEE: Representative Reaves, let me just

22 clear up what I said about mobile homes.

23

What I'm saying is that the people -- you submitted

24 as a separate issue mobile homes as a separate classification

25 of property -- it was a very desperate time for that industry,

PAGE 36

the legislature passed it by the required constitutional

2 majority, and also the people passed it in the state. I'm

3 just saying I believe the people of this state are much more

4 conscious of the value of the agri-economy than they are the

5 mobile home industry, and yet it was passed, and I've said

6 that the farmers have suffered three disasterous years and

7 I think they recognize the plight. All I want is for the

8 people to vote on it. That's all I said.

9

Representative Greer.

10

REPRESENTATIVE GREER: May I ask a parliamentary

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question,

sir?

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If I understood it you were making a minute ago two or three of these proposals, and one was the Gillis amendment,

! 14 t; and am I right in thinking that the Gillis amendment that he :~z:
15 ~ read while ago is an amendment to one of the parts of the c:I '";;)
16 ~... present constitution that we've adopted and will it be in the Q Z ~
17 :; constitution or was it offered by Mr. Gillis as a separate

18 provision?

19

I thought I understood it would be simply an

20 amendment to what we've already adopted. That's why I'm

21 just asking because I don't think we understood it too well

22 then.

23

SENATOR GILLIS: Barnes proposed it be separate.

24

REPRESENATIVE GREER: You mean put it on as a

25 separate thing?

PAGE 37

SENATOR GILLIS: No.

2

REPRESENTATIVE GREER: I didn't think so.

3

A VOICE: Barnes amended it and made it a separate

4 item, John.

5

GOVERNOR BUSBEE: Just one minute.

6

(Pause. )

7

GOVERNOR BUSBEE: All right. The Chair recognizes

8 Representative Coleman.

9

REPRESENTATIVE COLEMAN: Mr. Chairman.

10

GOVERNOR BUSBEE: }tt. Coleman.

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REPRESENTATIVE COLEMAN: Mr. Chairman, I think

@;I everybody from the rural areas who are concerned about this understand your concern about opening the tax question;

! 14 ~ however, there are

the majority of us believe that this

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15 ~ should be included in the overall constitution.

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16 .~..

I therefore move

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17 :

GOVERNOR BUSBEE: Let me ask you one thing. I was

18 recognizing you for a second motion.

19

What we had was that the House wanted to recess

20 earlier, the Senate --

21

SENATOR GILLIS: Could we have some order where we

22 could hear? I can't hear.

23

GOVERNOR BUSBEE: They say they can't hear up front.

24 I know the room is very full, but please cease audible

25 conversation if you would.

PAGE 38

What I wanted to do -- they wanted the latitude to

2 take just a little recess here before we do anything in the

3 Senate. How long would you --

4

LT. GOVERNOR HILLER: Fifteen minutes.

5

GOVERNOR BUSBEE: Fifteen minutes.

6

A VOICE: I think we're ready.

7

GOVERNOR BUSBEE: Are you ready now?

8

(Pause. )

9

GOVERNOR BUSBEE: Please cease all audible

10 conversation. We'll suspend just a minube then I'll recognize

11

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you.

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(Pause. ) GOVERNOR BUSBEE: All right. Everybody please give

! 14 ... me your attention .

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15 01)

They have decided they don't need the recess at this

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16 .~.. time. Senator Barnes is going to be recognized

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17 :

SENATOR BARNES: Mr. Chairman --

18

REPRESENTATIVE COLEr1AN: Mr. Chairman, I still have

19 the floor.

20

GOVERNOR BUSBEE: I'm sorry. Representative

21 Coleman.

22

REPRESENTATIVE COLEMAN: Mr. Chairman, this has

23 become an issue with the rural legislators that represent

24 rural farmland and agricultural interests in this state. To

be sure that this issue is included as a part of the whole

PAGE 39

constitution we have made substantive changes in our state

2 government and the procedures in which we change laws and

3 the ways we do things in this state through our own 4 deliberation, and unless this small token of appreciation

5 for what rural Georgia means to the state is included in the

6 constitution, then we can't feel that we are a part of the

7 state of Georgia, and we can't honestly feel that we are

8 going to be the fault that you don't include this

9 constitution in the call.

10

If the decision is made not to include the

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constitution in the call, that will fallon your because of the personal decision for some reason
Our interest is simply to be sure that

shoulders or another. this latitude

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is included in the constitution. We don't mind the language changes, and I speak for most of the people -- we don't mind the language changes, we don't mind the three-fifths vote in both houses, but it is a point that it be included; it

18 should be included in the overall constitution and not voted

19 on as a separate issue.

20

GOVERNOR BUSBEE: Hold up just one minute.

21

(Pause. )

22

GOVERNOR BUSBEE: Representative Coleman, I would

23 like to respond to what you have said about what we've had, 24 the fundamental change about tax exemption. There were some 25 statements I made at the time, and the action that you took

PAGE 40

and I believe on Article VII Representative Collins was a

2 part of that and you voted in support of this, but if you

3 recall when we got to the homestead exemptions as we

4 shortened the constitution by 55 percent is we gave the

5 General Assembly more power.

6

We recognize there are some sensitive areas that

7 the people should be heard from. In this on page 54 we

8 passed our homestead exemptions the right for two-thirds of

9 the members of each branch of the General Assembly in a roll

10 call vote to pass these homestead exemptions. Then we

11

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required

a

majority

of

the

qualified

electors

of

the

state

o..'"....

@;~

voting in a referendum thereon to approve it, so I don't think this is unique, and I just want -- all I want, and I'm

! 14 ... not fighting at all what you are seeking to do, I just say 'x"
15 .:. you have a propitious time in which to go to the people with
"'~"
16 .~.. something for them to decide and I think you would have some Q Z
17 ~ chance of success, but I say that it's a basic issue that they

18 should not be excluded on in years to corne, and that they ought

19 to vote.

20

If they want to give you the authority, fine, then

21 I think now is the time, and what I was trying to say -- I

22 think Representative Reaves might have misinterpreted what I

23 said -- we had a crisis in another industry, in the mobile

24 homes at the time that you passed a separate classification,

25 and the people ratified that. So it is not unique in saying

PAGE 41

that as I've just said that I would like for the people to be

2 heard from on this.

3

All right.

4

SENATOR BARNES: Mr. Chairman.

5

GOVERNOR BUSBEE: Senator BarneR.

6

SENATOR BARNES: Mr. Chairman, we have been working

7 here for almost three months now, and these article committees

8 that have ~orked on this document have been working some of

9 them as long as four years. To take the short-sighted view

10 that either this exact language on classification of property

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will be included or we will have no constitution as some members of this body want to do in my opinion misses the greater view that we ought to have.

! 14

Everyone recognizes that there are some problems

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15 .~., that exist with farmers, but also we recognize that we ought

"":::>
16 ~ to have the latitude and the balances to deal with it

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17 ~

legislatively, and that on each issue that we have under-

18 taken such as the two-term Governor or others that we are

19 agreeing that that should b~ treated as a separate referendum

20 question; it is a radical departure from the historY of

21 taxation in this state, it is something that has been unsolved

22 for some years, but I think that if we take the position either

23 that we're going to have a classification of property included

24 in this constitution or we're not going to have a constitution,

25 or we're not going to allow the people to have a separate

PAGE 42

vote on it is a short-sighted view on everyone's part.

2

We need a new constitution, everyone recognizes we

3 need a new constitution, and we ought not to let the work that

4 we've done be thrown to the winds because of some personal

5 or special interest that may affect any of us, so I ask that

6 you adopt and allow my -- allow the question of classification

7 of property to be stated in a separate question.

8

If here is this great hue and cry among the public,

9 it will clearly pass and be a part of the new constitution.

10 At the same time it will allow us to have you to put it into

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the

call and

allow us

to go

forward with

the question and with

adoption of the new constitution.

GOVERNOR BUSBEE: Does anyone else want to be heard?

! 14 ... Senator Gillis .

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15 .:.

SENATOR GILLIS: Governor, there's one point that

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16 .~.. hasn't been brought out which I can understand

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17 :

We're passing a new constitution because it's been

18 amended so many times. That's nwnber one. That's what

19 everybody talks about.

20

The way we are progressing now we are saying "Okay,

21 go ahead and pass the constitution," then we're going to turn

22 right around and amend it with the farm amendment, we're going

23 to turn right around and amend it with another amendment, the

24 two-term governor, so we're defeating the purpose in my

25 opinion of drawing a new constitution and then saying we're

PAGE 43

going to amend it before we get started.

2

GOVERNOR BUSBEE: Senator Gillis, these would of

3 course be a part -- they would be passed when the constitution

4 would be passed. These would replace the articles in the

5 constitution, it would all be incorporated at the same time,

6 have the same effective date.

7

SENATOR GILLIS: If they're voted on separately?

8

GOVERNOR BUSBEE: That's correct. It would all be a

9 part of the same constitution.

10

SENATOR BARNES: I call the question.

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GOVERNOR BUSBEE: Okay. Representative Collins. REPRESENTATIVE COLLINS: Mr. Chairman, could you tell us what posture we're in on Mr. Barnes' motion at this time, sir? GOVERNOR BUSBEE: Yes, sir. There was a substitute motion offered by Senator Gillis, and there was an amendment offered by Senator Barnes, and his amendment was to the effect

18 of incorporating all of the Gillis language :but putting it in

19 a separate amendment to be voted on at the special session

20 starting on ~1onday.

21

REPRESENTATIVE COLLINS: Could I ask the Chair one

22 other question?

23

GOVERNOR BUSBEE: And to eliminate what your

24 original language ~as.

25

REPRESENTATIVE COLLINS: Can Senator Barnes address

PAGE 44

something that we don't have before us, in other words this

2 going into a special document somewhere or another place?

3 Can we address that at this time, sir?

4

GOVERNOR BUSBEE: What's the question?

5

REPRESENTATIVE COLLINS: Well he's moving to remove

6 here, at the same time to create another constitutional

7 amendment which is not the document that we're trying to

8 perfect.

9

SPEAKER MURPHY: What the Governor has said, Mr.

10 Collins, if Senator Barnes' position prevails then he would

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immediately

take

up

the

separate

and distinct

individual

question of the constitutional amendment to exempt farmland

to be as a separate amendment. That's what you're saying.

! 14 I'" %
15 ~ now.
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16 .~.. Q
Z 17 :

GOVERNOR BUSBEE: And perfect it at this time right
SPEAKER MURPHY: And include it in the call REPRESENTATIVE COLLINS: Could I say one or two othe

18 things, Governor?

19

GOVERNOR BUSBEE: All right.

20

REPRESENTATIVE COLLINS: It's hard for me to under-

21 stand how some of you can say that when you put farmland into

22 the constitution that you're treating that group special.

23

When I pick up this document that was handed out thi

24 morning on page 54, line number 13 I believe is the lucky

line, it gives this same thing, the same right to utilities,

PAGE 45

so I can't see where it's so much wrong in trying to treat 2 a group of rural people like you do one of the most special 3 interest group of people in the state, and I would like to

4 respectfully ask you to defeat Senator Barnes' amendment

5 and us write something into the constitution, and in answer

6 to yours you keep referring to the people -- if I understand

7 the law right and the votes right, it's going to take two-

8 thirds vote in both houses to pass this, and this is what

9 we're trying to get it in, and the people are going to it's

10 going to take a majority of the people of the state of Georgia

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.. 11

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to approve this constitution,

so we would be getting it at the

o......

@;I same time. There's numbers of other things that are in here that

! 14 ... are drastic changes. I don't think we heretofore had '" :I:
.15 ~ designated highway interest funds in the constitution, and \:J
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16 .~.. there's other things, so this is not the first change that's Q Z
17 ::; been in the constitution, so I ask you if you would please,

18 please help defeat Senator Barnes' amendment.

19

GOVERNOR BUSBEE: Senator Gillis, let me ask you a

20 question. I want to leave this as open as I can.

21

On your language I think you wanted some time

22 working on language, you wanted to confer with other 23 agricultural groups and try and perfect language.

24

Would there be any objection in order that we can

25 resolve this to simply vote on the sense of Senator Barnes'

PAGE 46

motion that we delete Paragraph (b), that you ask me to

2 include it in the call the separate amendment for agriculture,

3 and then that would give you the opportunity of working with

4 the House and with the Senate to perfect whatever language

5

I don't have to know what the language is now as

6 long as the people are going to vo~e on it is all I'm asking.

7 Which would be best for you?

8

SENATOR GILLIS: Well, Governor, I understood we had

9 a motion from Senator Barnes here that we make it a separate

10 issue. My motion was we include it in the constitution.

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17 :

His substitute motion was that we make it a separate issue. That's what I thought, we were going to vote on this motion first, and then mine.
GOVERNOR BUSBEE: All right. So as long as we divid it like this, Senator -- I just want to say I'm not trying to pin you down to what the exact language would be if I were to include it in the call as a separate amendment, that I want

18 you to perfect it as long as it's going to be voted on by the

19 people.

20

SENATOR GILLIS: I have it.

21

GOVERNOR BUSBEE: If I could have your motion

22 restated, Senator Barnes. All the effect of your motion

23 would be is that you're asking me to put it in the call of

24 the session and to adopt the article -- or rather the

25 paragraph we have already adopted deleting (d) which was the

PAGE 47

old Collins amendment.

2

SENATOR BARNES: That's right.

3

GOVERNOR BUSBEE: Is that correct?

4

All right. Now, Senator Bell.

5

SENATOR BELL: Governor, what you've just said is

6 very technical, and I'm not sure I fully understood it, and

7 I would like you to explain it.

8

If I understand what you said was you would open the

9 call to a broader definition of the consitution to include

10 agricultural interests so this could be addressed as a separate

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11 a~: question?

o.".".

12 ~

GOVERNOR BUSBEE:

That's correct, but I think the way

@)ri the procedure came about that we would be limiting ourselves

! 14 because as I understood the original motion by Senator Gillis ~ :'"r
15 .:I he had his language, and then Senator Barnes was merely saying aC:I :>
16 '~" let's take that language as a separate amendment. I would 17 goz hate for us to restrict it to just that language, I would like

18 for you all to be able to perfect it, so the sense of your

19 motion is that let's leave the paragraph exactly like it was

20 without the Collins old amendment, and that then I ask that

21 it be included in the call agriculture as a special amendment.

22

A VOICE: And the homestead.

23

GOVERNOR BUSBEE: And homestead exemptions.

24

A VOICE: Is that it?

25

GOVERNOR BUSBEE: Let me corne to the House side.

PAGE 48

That seems to have clarified it as far as the Senate

2 side is concerned. Did you understand what that was? I

3 don't know that everybody was paying attention.

4

I just would like a clean vote from you on it.

5 Rather than restricting you to put it under a separate

6 amendment, what Senator Gillis has proposed, then you could

7 get together and come up with any agricultural amendment as

8 long as it was going to be ratified by the people.

9

So the question is to adopt as the staff proposed

10 it without the Collins amendment on our last meeting which is

11

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the way it is now in the constitution,

just restructured,

@);i then you would have an opportunity between now and Monday or whenever during the special session to perfect the language

!..14 of the amendment .

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15 .:l

A VOICE: The homestead and farm.

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16 ~...

GOVERNOR BUSBEE: The homestead exemption and for

Q

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17 ~ agriculture.

18

(Pause. )

19

GOVERNOR BUSBEE: All right. Senator Reynolds.

20

SENATOR REYNOLDS: Let's make sure. I thought you

21 said homes~ead exemptions. I was trying to get the farmland

22 out, and I thought you said farmland and homesteads, not

23 exemptions, just homesteads.

24

SENATOR BARNES: Just homesteads.

25

GOVERNOR BUSBEE: All right. That is the motion.

PAGE 49

Senator Holloway.

2

SENATOR HOLLOWAY: Mr. Chairman, just for the record,

3 Representative Collins referred to page 54 and line 13 saying

4 that we had made a classification of property for public

5 utilities. I think Representative Collins would if he read it 6 a little closer -- we simply provided for a different method

7 and time of returns and assessment, it's not a classification.

8 The only two classifications we have now for obvious reasons

9 are autom<J>biles and mobile homes.

10
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GOVERNOR BUSBEE: We're not -- The point is well taken, Senator, but let me just see if we can get to the clean issue now.
If we could, rather than restrict it to the language Senator Barnes had, that we go back to the old language that the staff had which is the way the present constitution is substantially without the (d) which was the Collins amendment at our last meeting, and that you're asking me at the same timE

18 to put in the special call another amendment for agriculture

19 and for homesteads --

20

SENATOR GILLIS: You've got a copy there in your left

21

hand.

22

GOVERNOR BUSBEE: -- which is the sense of Senator

23 Gillis' statement.

24

SENATOR BARNES: Let's vote.

25

GOVERNOR BUSBEE: All right. Now, Representative

PAGE 50

Burruss.

2

REPRESENTATIVE BURRUSS: Mr. Chairman, to be

3 absolutely positive that we know what we're doing, would we no

4 be striking the following language on page 54 of the long

5 document that was passed out today: Under the Barnes

6 amendment you would be striking lines 18 through 23?

7

GOVERNOR BUSBEE: That's correct.

8

REPRESENTATIVE BURRUSS: That's the final effect of

9 the official act.

10

Then you come back with another motion asking you to,

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11

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or instrucing you or begging you

~;! GOVERNOR BUSBEE: making that on.

It's all the same motion he's

! 14 ~

REPRESENTATIVE BURRUSS: Actually what you're doing

'<:"r

15 ~ is taking out those lines.

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16 ~...

GOVERNOR BUSBEE: Leaving it exactly like the staff

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17 :; recommended, that's correct.

18

REPRESENTATIVE BURRUSS: I think we need to make a

19 couple of points before the vote is taken.

20

There's been a lot of talk about excluding the

21 people from voting on this particular issue, and I believe the

22 procedure, or I know the procedure is that regardless of what

23 document is presented to the General Assembly by this group

24 that the document would have to be amended or passed as it is

25 by two-thirds vote of both houses. If that happens, then it

PAGE 51

goes to the people for ratification either as one document

2 or separate, so I want to know this:

3

Are you saying that if the Barnes amendment does not

4 pass that you do not plan to include this document in the

5 special call?

6

GOVERNOR BUSBEE: Exactl-Y as I mailed out to you and

7 to each member of the General Assembly, I mailed you a

8 statement and I excluded the whole constitution from the call. 9 I said if you want to get 1nto the land use classifications

10 or land classifications it would have to be by way of a

separate amendment.

REPRESENTATIVE BURRUSS: So you're saying that unless

the Barnes amendment or something similar passes you will not

include this document in the calli is that correct?

GOVERNOR BUSBEE: That's correct.

REPRESENTATIVE BURRUSS: Okay. In the event that

happens and this body wants to take action on this document,

18 is it not true that we could do that in the regular session

19 which begins the second Monday in January?

20

GOVERNOR BUSBEE: That's correct.

21

REPRESENTATIVE BURRUSS: So really what the effect of

22 defeating the Barnes amendment would be that we would not take

23 up this document next Monday, but also is it not true that 24 the work of this group and all the other commissions would not

2S go down the drain as some people have tried to paint this, and

PAGE 52

that we would still have the General Assembly next year to

2 implement this document?

3

GOVERNOR BUSBEE: The only part I agree with you on,

4 Mr. Burruss, we will still have a General Assembly next year.

5

REPRESENTATIVE BURRUSS: I don't think this is the

6 time to be facetious, Governor.

7

GOVERNOR BUSBEE: What I mean by that is you're goinq

8 to have the next session. The reason we wanted to put this in

9 the special session was --

10

REPRESENTATIVE BURRUSS: My question was this, is it

11

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not

true

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GOVERNOR BUSBEE: They could take it up then, yes. REPRESENTATIVE BURRUSS: The rest of the question

!..14 was, though, that the work of all these different people would

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15 .:I not be going down the drain if we don't have you include this

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16 .~.. document in the call; is that not correct?

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17 ::;

GOVERNOR BUSBEE: As a legal matter you could take it

18 up at the next session, correct, the work of this commission.

19

REPRESENTATIVE BURRUSS: The work would not be going

20 down the drain until such time --

21

GOVERNOR BUSBEE: Realistically I think we've

22 attempted to rewrite the constitution several times, and

23 unless we can do it this special session I don't think it will

24 be done realistically. Legally, yes, you can take it up at

25 the next session or call yourselves back into special session

PAGE 53

and take it up any time you want.

2

REPRESENTATIVE BURRUSS: All right. One more

3 question, please.

4

In the event you do not include this in the call for

5 Monday, is it not true that at any time during the special

6 session that some agreement could be reached on language that

7 you could expand the call to include this question?

8

GOVERNOR BUSBEE: I'm nbt certain of that. I just

9 don't know.

10

REPRESENTATIVE BURRUSS: Mr. Tidwell.

MR. TIDWELL: Mr. Burruss, the Governor to my

knowledge has never amended his call after the General Assembl~

has gone into special session.

REPRESENTATIVE BURRUSS: Could it not be done?

MR. TIDWELL: I don't know the answer. It's never

been done before. That's all I know.

REPRESENTATIVE BURRUSS: This has never been done 18 either, has it?

19

MR. TIDWELL: No.

20

SPEAKER MURPHY: I believe Carl Sanders amended his

21 call.

22

MR. TIDWELL: Not after it was in session.

23

GOVERNOR BUSBEE: All right. Senator Bell.

24

SENATOR BELL: Mr. Chairman, to understand exactly

25 where we are now on the questions that Mr. Burruss asked, if

PAGE 54

we do not adopt the Barnes amendment we will not take up the

2 constitution Monday, it will not be included in the call?

3

GOVERNOR BUSBEE: As long as you have it in the docu-

4 ment without a separate amendment for the people voting on the

5 classification.

6

SENATOR BELL: The second question, Governor, I wanted

7 to ask is this:

8

If we adopt the Barnes language which therefore

9 meets the requirements that you set upon yourself

I don't

10 disagree with those -- the General Assembly if it so desires

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in

its wisdom can come back and put

in

the

language

that you

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might not like, would they still have the alternative at least that they can take up the constitution with the Barnes

! 14 .I.-. amendment to do with what they want, but they cannot take it

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15

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up without

the Barnes amendment;

is

that correct?

16 ~... Q

GOVERNOR BUSBEE: That's correct

Z

17 ::i

I think what he's saying is if you adopt his

18 amendment you could still put land classification in, it does

19 not come back to the Governor and there would be nothing I

20 could do about it is what you're saying, and that's true.

21

SENATOR BELL: It's you taking the change, Governor,

22 is what I'm saying.

23

GOVERNOR BUSBEE: As long as I do have some input,

24 and I do in the call of the session, I have no input as to

25 what you all do after you get into the special session.

PAGE 55

Of course you could come back and put Mr. Collins' language

2 in and there would be nothing I could do about it, and it

3 would go to the people.

4

A VOICE: Call the question.

5

GOVERNOR BUSBEE: All right. I'm going to recognize

6 Representative Greer.

7

REPRESENTATIVE GREER: A parliamentary question, sir.

8

While ago when you were discussing the Barnes

9 amendment and the Gillis amendment I could have misunderstood

10
..,
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certainly, but I thought you said that if the Barnes amendment failed and that we did pass the Gillis amendment you indicated something about it being put in the call. Although I might have misheard it, that's what I wanted --
GOVERNOR BUSBEE: You misheard it. REPRESENTATIVE GREER: Let them all laugh, but when I get through -GOVERNOR BUSBEE: I'm going to clarify it.

18

REPRESENTATIVE GREER: The point I'm making is that

19 in fact for the session to meet and do something about this

20 constritutJon, and I'm trying to see what we can get together

21 on that doesn't cut the guts out of the farmers or your 22 position, but at least let's us get in there where we can 23 change or do what's necessary beginning next Monday, and that'E 24 why I asked that question if the Gillis thing passed would 25 that forclose any session at all.

PAGE 56

GOVERNOR BUSBEE: I'd say if you have land classifi-

2 cation without the vote on the separate amendment it would,

3 yes.

4

REPRESENTATIVE GREER: Let me ask the other question

5 then, it's this. Suppose the Gillis amendment passes if it

6 did, and the Barnes doesn't, couldn't we then if you called

7 this session and put the constitutional provision in it,

8 couldnJt we make whatever changes during that session that

9 were necessary? Couldn't we then change it entirely if both

10 the House and Senate agreed to it?

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11 i=
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GOV,ERNOR BUSBEE: Yes . REPRESENTATIVE GREER: Thank you. SENATOR BARNES: Let's vote.

14 .~..

A VOICE: Move the previous question .

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." 15 o!) ;;)

GOVERNOR BUSBEE: Is there any objection to ordering

16 ~... the previous quest~on?

Q

Z

17 ::i

If not, the previous question is ordered. The

18 motion will be on Senator Barnes' motion. All of those in

19 favor rise and stand until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: Reverse your position.

22

(A show of hands.)

23

GOVERNOR BUSBEE: All right. On the Barnes

24 amendment the ayes in the House are 14, the nays are IIi

~s t~~_~en_a_t_e_a ll_t_h_e__a_y_e_s_l_'n__

__r__e _l_6_,_t_h_e_n-a-y-s-a_r_e-s_e_v_e_n_.__T_h_e

----'

PAGE 57

amendment is adopted.

2

Now with that you're now back to the staff position

3 which was adopted prior to the Collins amendment, and what I

4 would like to do is to go on and try and perfect if there

5 is any language or let's conclude our discussion about the

6 agriculture as to what I would put in my call. That's what

7 I need to know about the agriculture.

8

with that I think I come to Senator Gillis because

9 that's the sense of Senator Gillis' motion, so Senator Gillis.

10

SENATOR GILLIS: I move the adoption of my motion.

z~

11 i=
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A VOICE: Seconded. GOVERNOR BUSBEE: I'm going to include then Senator

~r~ Gillis' amendment in my call, and I'll use your language.

! 14 l- Is that what you're moving now, Senator?

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SENATOR GILLIS: (Nodded.)

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GOVERNOR BUSBEE: Senator Holloway.

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17 :

SENATOR HOLLOWAY: Mr. Chairman, as I have the Gillis

18 amendment it reads that the General Assembly may classify

19 farmlands or homesteads. Is that correct?

20

REPRESENTATIVE LEE: Right.

21

SENATOR HOLLOWAY: It should be "and homesteads,"

22 because you could only do either one if it was "or," and you

23 could do both with "and." I think we should amend that "or"

24 out and put an "and" in.

25

GOVERNOR BUSBEE: Let me ask you if this would be

PAGE 58

all right with you because I don't want to -- I don't want for

2 me to have an amendment in my call and then when you get in

3 not have the flexibility that you yourself want.

4

If I make the statement then that if you pass this

5 motion that I would include in my call everything provided in

6 your amendment that is a separate amendment and Charlie

7 you need to help me state this since you'll be drawing it for

8 me -- a separate amendment to classify farmland and homesteads

9 as a separate classification of property, and then you would

10 have the latitude to do -- you could adopt Representative

"z

11

to-
'.o0"....

Collins'

amendment,

your

amendment,

or do you want

to

limit

@);~j it to this language? REPRESENTATIVE GILLIS:

Read the last sentence.

! 14 !;;

GOVERNOR BUSBEE: That you want to provide however

x

15 olJ that such classification be approved by three-fifths vote of

'""
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16 ~... both houses of the General Assmebly

Q

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17 :

If I put that in my call and that's not what comes

18 out, I don't know that that's what you want. Hold up just

19 a minute.

20

All right. Let me calIon my legal counsel just a

21 minute to state the effect of that.

22

SPEAKER MURPHY: Let me ask a question.

23

GOVERNOR BUSBEE: Mr. Speaker.

24

SPEAKER MURPHY: Do I understand you to say that

25 you're going to put in the call certain language and we adopt

PAGE 59

that or nothing?

2

GOVERNOR BUSBEE: That's what I'm trying to avoid.

3 I'll let Mr. Tidwell speak.

4

MR. TIDWELL: What I think the Governor would like

5 to tell this body is that we will amend our call so that it

6 will provide the latitude for the General Assembly when they

7 get in special session to address this question, and it will

8 provide some latitude, some parameters to work within, so we

9 will not have specific language, but it will be broad enough

10 to cover the sense of what Senator Gillis wants done, and

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that's how the Governor would propose to amend his call to do that.
I don't know what the language would be, but it will

! 14 l- be broad enough to let Senator Gillis accomplish what he wants

V:z>:

15 01) or have some amendments to i t also.

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16 ~...

GOVERNOR BUSBEE: Let me say

Senator Gillis, yOl

a

Z

17 ~ want to be heard. All right, Senator Gillis.

18

SENATOR GILLIS: Governor, I would agree to that

19 provided you take care of the three-fifths and not come up

20 here and have to have two-thirds vote. We have agreed, the

21 House and the Senate group has agreed on the three-fifths

22 vote, and we're not talking about a two-thirds vote.

23

GOVERNOR BUSBEE: I can state it just like you've

24 got it here, and it would be that or nothing. I just don't

25 know that that's what you would want because you would be

PAGE 60

bound by that.

2

MR. HARRIS: Mr. Chairman.

3

GOVERNOR BUSBEE: All right, Mr. Harris.

4

MR. HARRIS: Senator Gillis, up here.

5

The point you're addressing with respect to the

6 three-fifths or two-thirds would be however you drafted it

7 in the proposed constitutional amendment, so that will be

8 totally within the control of the General Assembly, and it

9 would have nothing to do with the Governor's call. He will

10 simply be calling the opportunity to address the issue, and

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11

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'..o."....

then

you

would be

addressing

it

in whatever

fashion

you

chose

9 ; ' to address it.

! 14 t;

GOVERNOR BUSBEE: Is that all right with you now? SENATOR GILLIS: Okay.



%

15 ~

GOVERNOR BUSBEE: That would be the sense of it then

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16 ~... as agreed to by Senator Gillis. Is there objection to that?

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17 :

Representative Collins.

18

REPRESENTATIVE COLLINS: Let me understand it a

19 little better. You know I was under the impression that you

20 had stated or implied that you wouldn't agree for land

21 classifications to be in the constitution and you have it in

22 your call, but you would agree for land classifications to be

23 if it was addressed as a separate issue.

24

Now why are you trying to tie it down to one thing

25 or one way and one way only?

___ _

---J

PAGE 61

GOVERNOR BUSBEE: I'm not. I'm asking -- what I'm

2 saying

3

REPRESENTATIVE COLLINS: Why don't you issue your

4 call and we can put it in the --

5

SPEAKER MURPHY: He's not trying to tie it down,

6 me and him's trying to keep it from being tied down. Senator

7 Gillis is the one trying to tie it down.

8

GOVERNOR BUSBEE: I think Senator Gillis is in

9 agreement with the Speaker and myself on that at this point.

10

Now you understand what is being accomplished in

this would be the classification of farmlands and homesteads

as separate classifications, and you would work this out in

the session by separate amendment.

All right. Mr. Tidwell, is there any question on

my doing that at all?

MR. TIDWELL: No, sir.

GOVERNOR BUSBEE: There's no problem with that.

18

Now then I had promised Representative Pinkston

19

SENATOR GILLIS~ Let's vote on that. Governor, you

20 better vote on that.

21

GOVERNOR BUSBEE: I will state to you then it will

22 not be necessary for a vote to accomplish it if I just state

23 we are going to perfect this that I would do that provided

24 we can perfect the other, and we'll know that before we leave

25 where I can assure you of that, Senator Gillis. Is that all

PAGE 62

right?

2

SENATOR GILLIS: I'd like to have it be voted on,

3 the motion.

4

GOVERNOR BUSBEE: We did on the motion that it be

5 deleted and it be made a separate amendment, and I was trying

6 to just give you what would have to go in the call because it

7 would not be the amendment itself.

8

All right. Now then before I

Is it on this

9 matter or another matter? This matter? Senator Bell.

10

SENATOR BELL: Governor, our posture is that we have

11

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now gone

back

to

the

language

that

has

no

reference

to

land

9;1 classification, and that is the constitution that is going to be offered to the General Assembly; is that correct?

14 !...

GOVERNOR BUSBEE: That's correct

'"

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15

SENATOR BELL: Anything that will have to do with

"'":::>

16 .~.. reclassification of property will have to be a separate

Q

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17 : amendment so we're not even discussing the constitution now

18 if we talk about reclassification, it's not even in there?

19

GOVERNOR BUSBEE: This is correct. This would just

20 be subject to debate when you get here Monday morning by my

21 putting it in the call for both the homestead as well as the

22 separate classification, authority to classify farmland and

23 homesteads as separate classifications.

24

SENATOR GILLIS: And further --

25

GOVERNOR BUSBEE: This is what I was going to say,

PAGE 63

provided we can get through, Senator Gillis, with the balance

2 of it and I will be able to make that statement.

3

Now what I would like to do at this time unless

4 there's objection is to go to Representative Pinkston as I

5 promised I would do about the two terms for the Governor

6 that you wanted to put that as a separate amendment as we

7 stated.

8

REPRESENTATIVE PINKSTON: I so move.

9

SENATOR BARNES: Seconded.

10

GOVERNOR BUSBEE: The language

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11 l-
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SENATOR BELL: Governor.

~ 12 ~

(Pause. )

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GOVERNOR BUSBEE: All right. That would then be

! 14 I-

the

same

sense as the last motion that you're asking that I

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15 .:. include in the call a provision that authorizes you a separate

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16 .~.. amendment to the two terms, and that would let the people

Q

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17 ~ then vote for that if they wanted it, and that would change

18 the constitution if you passed it.

19

REPRESENTATIVE PINKSTON: As I understand it, we'll

20 leave the big document as it is with one-term governor.

21

GOVERNOR BUSBEE: That's co~rect.

22

REPRESENTATIVE PINKSTON: Then have a separate

23 amendment to let the people vote on, whether they want a one-

24 term or a two-term Governor?

25

GOVERNOR BUSBEE: Right.

PAGE 64

Let me have everyone's attention now. Let's keep

2 order. We are in some critical areas now.

3

What the motion was was a request by Representative

4 Pinkston that I do what I had mentioned earlier, and that is

5 you've already passed the one term for Governor and it's in

6 the constitution; to give the people a chance to vote

7 separately if they would like to have it two terms that they

8 would have that choice, and that like the tax would be a

9 separate amendment.

10
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11 o..j..:..
9;1 ! 14 ... '" :I: 15 .:> CI ~ 16 ~... Q Z 17 :

Now, is there any question about my doing that? He's requested it. I'm saying when we perfect the constitutior today I would be willing to do that, and we will announce that before we get through today provided we can get through today. Is that what you want?
REPRESENTATIVE PINKSTON: Yes. GOVERNOR BUSBEE: Is there any question about that? If not, that's done.

18

Now we corne down to -- Senator Holloway.

19

SENATOR HOLLOWAY: Mr. Chairman, I move that we

20 reconsider our action on Paragraph VI on page 14, subject

21 salaries.

22

REPRESENTATIVE COLEMAN: Tell us what you want to do

23 AI.

24

(Pause.)

25

GOVERNOR BUSBEE: Senator Holloway, state your

PAGE 65

motion. I'm sorry.

2

Everybody give him your attention.

3

SENATIDR HOLLOWAY: I move that this body reconsider

4 its action in the adoption of Paragraph VI, Page 14.

5

GOVERNOR BUSBEE': All right. You have heard the

6 Senator's motion. That's on page 14.

7

A VOICE: Ain't no Paragraph VI.

8

GOVERNOR BUSBEE: Paragraph VI, isn't it, AI?

9

A VOICE: Line 9.

10

GOVERNOR BUSBEE: Starting with line 9. Here it is.

lz.?

11 I-

SENATOR HOLLOWAY: I've got an old one evidently.

e;1o."'".". GOVERNOR BUSBEE: right there.

He has an old copy.

There it is

! 14

Restate your motion now.

I-

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15 .:l

SENATOR HOLLOWAY: I move that this body reconsider

l.?
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16 .~.. its action in the adoption of Paragraph VI, page 14. That's

Q

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17 :; what I said whileago.

18

A VOICE: Mine's 15.

19

GOVERNOR BUSBEE: The line number.

20

SENATOR HOLLOWAY: Line 9, it's Paragraph VI line 9.

21

A VOICE: On the new document.

22

GOVERNOR BUSBEE: He has the right line, it's line 9

23 on page 14 where it starts "Paragraph VI, Salaries."

24

You have heard the motion that we reconsider.

25 Is there a second?

PAGE 66

A VOICE: S~conded.

2

GOVERNOR BUSBEE: It is seconded.

3

All right. Any discussion on it?

4

Is there any objection? Hearing none, we have

5 reconsidered it.

6

Now do you have a motion to perfect?

7

SENATOR HOLLOWAY: Mr. Chairman, I move that we

8 amend Paragraph VI in the following manner, starting on line

9 11 following the word "law" eliminate the following language,

10 "and shall be entitled to receive the same average annual

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o..'.."..

cost

of

living

adjustment

to

such

salary

as

that

granted

to

employees in the classified service of the State Merit System,

as calculated by the State Office of Planning and Budget.

! 14 o~n Such increases shall become effective for members of the

:<zl::

15 ~ General Assembly at the same time that it becomes effective

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16 .~.. for such state employees."

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17 :

GOVERNOR BUSBEE: Then you would leave in "Except

18 as provided in this paragraph, no increase in salary ... "

19

SENATOR HOLLOWAY: Eliminate that language which I

20 just quoted, then in the last sentence we would say "Except

21 as provided that no increase in salary shall become effective

22 prior to the end of the term during which such change is made."

23 Eliminate the three words "in this paragraph" and substitute

24 the word "that."

25

GOVERNOR BUSBEE: Except as provided in this

PAGE 67

paragraph

Show me where the "that" goes in.

2

SENATOR HOLLOWAY: On line 18, "Except as provided

3 that no increase in salary shall become effective prior to

4 the end of the term during which such change is made."

5

GOVERNOR BUSBEE: All right. You have heard the

6 motion. Is there a second?

7

REPRESENTATIVE COLEMAN: Seconded.

8

GOVERNOR BUSBEE: Representative Coleman seconds it

9 along with several others.

10

REPRESENTAT~VE JOHNSON: Parliamentary inquiry.

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11 l-

GOVERNOR BUSBEE: State your point.

e<

e-:;oQ.... REPRESENTATIVE JOHNSON: previously adopted?

This section has been

14 ~

GOVERNOR BUSBEE: Yes.

l-

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15 ~

REPRESENTATIVE JOHNSON: Then I believe wouldn't it

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16 .~.. be true that the proper procedure would be that you would have o

Z

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17 ~ to reconsider adopting it?

18

GOVERNOR BUSBEE: We just did that, but in answer to

19 your question, yes, that is the proper procedure.

20

You have heard the motion made by Senator Holloway

21 and seconded by Representative Coleman.

22

Is there any discussion?

23

Is there any discussion? Any objection to ordering

24 the previous question?

25

Hearing none, it's ordered.

PAGE 68

Is there objection to the adoption of the motion?

2

Hearing none, the motion is unanimously adopted.

3

{Pause.}

4

GOVERNOR BUSBEE: All right. Now I am going to go

5 to Mr. Harris and Mel, let's start perfecting

6

{Pause.}

7

A VOICE: Mr. Chairman.

8

GOVERNOR BUSBEE: All right. Everybody give me your

9 attention again. We are onto to something important.

10

I recognize the Speaker.

SPEAKER MURPHY: Even though I am not a member of

this committee, I think we ought to put back in on page 78

those home rule provisions that the counties, county

commissioners are fussing about. It's already in statute, but

I think they want it in the constitution. I really don't thin},

we need it, but they want it and we're going to have every

county commissioner in Georgia against the constitution

18 unless we put it back, so I move we put it back in the

19 constitution.

20

REPRESENTATIVE LEE: So moved.

21

GOVEm~OR BUSBEE: It's seconded and thirded and so

22 moved.

D

With that you have heard the motion, there has been

24 a second.

25

Is there any discussion on this motion? That's on

PAGE 69

page 78 to put the existing home rule back for the county

2 commissioners which is already in the statute.

3

All right. Is there any discussion? Is there

4 objection to ordering the previous question?

5

Hearing none, it's so ordered. Is there objection

6 to the adoption?

7

Hearing none, it's unanimously adopted.

8

Give us just a minute now, we want to orderly

9 perfect this if we can.

10

(Pause. )

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11 I-
..'o"....

GOVERNOR BUSBEE: Let me have everyone's attention

12 ~ please. We are at three o'clock now, the position we are in

@)r l is we are about ready to conclude some deliberations, and

14

~
I-

what we

need

is

about

ten minutes

for

us

to

stay

here with

'~"

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15 ~ the staff and try and get it ready to present to you, so if

Cl

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16

~ Q

you

want

to

just

take

a

rest

for

about

ten

minutes

and

let

z

~

17 ::; us have it where we can proceed in an orderly manner I think

18 it will expedite the whole proceeding.

19

If there's no objection, then we will stand in

20 recess until a quarter after three.

21

Now we're going to go promptly at quarter past three.

22

(A brief recess.)

23

GOVERNOR BUSBEE: Everybody take your seat, we are

24 going to finish up right now.

25

Get your big document out before you and your small

one.

PAGE 70

2

I'm going to calIon Mel at this time and we're

3 just going to try to go in an orderly fashion and finish as

4 quickly as possible.

5

MR. HILL: If you have your small document which is

6 entitled Legislative Overview Committee, and it has six 7 items on the list, that is what we'll work from.

8

We have already resolved Number 3, so you can check

9 that off, but now we're going to go to Number I which relates

10 to Article VI, Section VIII, Paragraph I, administration of

the judicial system.

In your package, in the small package on page I we

have proposed revision of this paragraph, and I will recognize

Wayne Snow to discuss it.

GOVERNOR BUSBEE: All right. Go ahead.

REPRESENTATIVE SNOW: Mr. Chairman, ladies and

gentlemen of the committee:

18

On Article VI, Section VIII, Paragraph I, we have

19 in other changes that have been made provided by law that all

20 the rules of evidence, practice and procedure shall be as

21 provided by law in this article, and therefore I am moving

22 that we strike the last three sentences of that paragraph.

23

This is a matter that is presently within the

24 inherent powers of the court for the rules, and we need this

25 language in there, the first two sentences primarily so that

PAGE 71

there can be uniformity in each one of these classes of 2 courts, and each class of court will be composed of all the

3 judges within that particular class. These will be the folks

4 which will be deciding what their rules ought to be, but they

5 will be uniform throughout the state, and that's something we

6 don't have now, and if we don't have this language we won't

7 have that uniformity.

8

This is one of the most important parts of the

9 entire judicial article in my opinion.

10

GOVERNOR BUSBEE: What is your motion?

CzI

11 Iea-:

REPRESENTATIVE SNOW: My motion is that we strike

oa.....

~ 12 ~ the last three sentences of Paragraph I.

~_.. ~

GOVERNOR BUSBEE: Beginning with what?

! 14

REPRESENTATIVE SNOW: Beginning with "Such rules

l-

V>
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15 .:> shall remain .. "

CeaI:

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16 ~...

SENATOR BARNES: Seconded

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17 ~

GOVERNOR BUSBEE: The motion is made and seconded.

18

A VOICE: What page?

19

REPRESENTATIVE SNOW: Page 50.

20

GOVERNOR BUSBEE: Page 1 of your little document.

21

MR. HILL: You have to have the small document,

22 the separate sheet; it is page 1 of that supplement.

23

SPEAKER MURPHY: You see what he's striking, look

24 on page 50, Section VIII, Paragraph I, the last two lines is

25 what he's striking.

PAGE 72

REPRESENTATIVE SNOW: The last three sentences.

2

MR. HARRIS: The last two sentences on page 50, the

3 last three sentences on page 1.

4

MR. HILL: What's in the draft and what's on this

5 sheet are not identical, so you've got to look at both things.

6

Now, what we are working from is this separate

7 sheet, page 1 of the small document, it's got a "1" with a

8 circle at the bottom.

9

GOVERNOR BUSBEE: You've got a four-page document.

10

REPRESENTATIVE PINKSTON: You're moving to adopt thi

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11

f:
.'o."....

whole

page?

@;I MR. HARRIS: sentences.

He's moved to strike the last three

14 ~ I-

GOVERNOR BUSBEE: It's really two sentences the way

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15 .:l I count i t .

"'::">

16 ~
Q

Okay, you're right. Okay. You would strike on that

z

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17 : section "Such rules shall remain in force and effect unless

18 vacated by the General Assembly." That's the first sentence

19 you would strike.

20

The next sentence is "The General Assembly may amend

21 or revise any such rule." That's the second sentence.

22

The third one is "A rule which has been vacated or

23 amended by the General Assembly may not again be adopted by th 24 Supreme Court during the l2-month period sUbsequent to the

25 vacation or amendment of such rule."

PAGE 73

REPRESENTATIVE SNOW: And then to adopt Paragraph I

2 as amended.

3

SENATOR HOLLOWAY: I second.

4

GOVERNOR BUSBEE: The motion is made and seconded.

5 Is there discussion?

6

SPEAKER MURPHY: Let me just tell them what he's

7 doing. I ain't gonna tell you how to vote, I ain't gonna

8 I just want to say what he's doing -- I just want you to know

9 what the paragraph does.

10

The paragraph as it now stands, the Supreme Court

1.7

Z

11

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will

provide

rules

for

the

operation of

the courts.

The

General Assembly can vacate those rules under the statute as

r@'1 i12

@F~ you've got it written.

! 14 ~

If you adopt it as he says it, then the Supreme

oil
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15 .:> Court can write the rules and the General Assembly will have 1.7

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16

~
o

no

say-so.

That's what it does.

Z

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17 g

A VOICE: What's the present law?

18

GOVERNOR BUSBEE: The present law as I understand

19 it now is that you have rules of practice and procedur~ that's

20 legislative, the rules of evidence are legislative; they have

21 declared the inherent power that they have the right to

22 promulgate these other type rules, so it's no change from the

23 existing law as I interpret it, at least as the Supreme Court

24 has already interpreted it and the Chief Justice, and so there

25 is no objection. Now that's the effect of it.

PAGE 74

Representative Burruss.

2

REPRESENTATIVE BURRUSS: But now we can't vacate any

3 of the rules.

4
5 law.

GOVERNOR BUSBEE: It's no change from the existing

6

SPEAKER MURPHY: That ain't exactly right. I wa~t

7 to take issue.

8

The General Assembly now can do anything they want to

9 with the operation of the court as it stands right now. You

10 and I both know tha t and we've been doing it. I don't mind

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11

I-
..o0.....:

you

all

changing

it

if

you want

to,

but

I

want

everybody

to

@;i know what you're doing. GOVF~NOR BUSBEE:

The rules of practice and

! 14 procedure you would retain, evidence you would retain, that's

I-

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15 .:) the law.

Cl

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16 .~..

Now, Justice Clarke is here. I think I'm right as

oz

17 : far as the inherent power.

18

JUSTICE CLARKE: Mr. Chairman, as I recall the

19 document as it now stands specifically grants to the General 20 Assembly the right to write and provide for the rules of

21 practice and procedure, the right to enact all of the rules of

22 evidence. As I understand it, that is not in the present

23 constitution, so that would add to the General Assembly's

24 power, the proposed article does.

25

The law as I have understood it has given to the

PAGE 75

courts the right to write their own rules, and this article

2 would simply reiterate that and add to it they would be

3 uniform.

4

SPEAKER MURPHY: Judge, could I ask you a question,

5 sir?

6

As I understand it now we allow local courts and the

7 Supreme Court to fix their own rules.

8

JUSTICE CLARKE: That's correct.

9

SPEAKER MURPHY: But if the local courts say in my

10
circuit would corne out with a rule that says discovery shall
Czl
11 I-
@;;.'ot>"... be completed in sixty days, you don't debate with me that the General Assembly could COrne along and and vacate that and say

that they shall have ninety days or filing and completing

! 14

I-
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discovery,

do you?

15 ~

Cl
:':":>

JUSTICE CLARKE: As I said the other day, there are

16 ~

Q
z

certain

in-house

rules

that

are

close

to

being

general

rules,

17 ::i

and some that are not. The dividing line is a very thin one,

18
and I would have to take specific issues in order to give you

19
an answer to those, of course.

20
REPRESENTATIVE SNOW: Let me make one comment.

21
GOVERNOR BUSBEE: All right. Representative Snow.

22 REPRESENTATIVE SNOW: As far as this particular

23
paragraph is concerned, the whole purpose of having it in

24
there, any language at all, is so that these rules will be

25
uniform throughout the class of courts.

PAGE 76

Now, if you want to go exactly the way things 2 are now, we could eliminate the whole paragraph, but I urge

3 you to adopt the first part of the paragraph so that we can

4 have what we're striving to get in this whole constutition,

5 in this article, and that is uniformity within the courts.

6

If you don't strike the last three sentences, I

7 would move that we strike the whole paragraph.

8

GOVERNOR BUSBEE: You have heard the motion to

9 delete the last three sentences which I have read. It's been

10 seconded.

Is there any further discussion?

Any objedtion 1to the previous question? Is there

objection?

Hearing none, they are stricken.

All right. Now you move the adoption as amended.

REPRESENTATIVE SNOW: That's correct.

SENATOR BARNES: Seconded.

18

GOVERNOR BUSBEE: It's seconded. Any discussion?

19

If not, is there objection to ordering the previous

20 question?

21

Hearing none, it's ordered. All right.

22

Is there objection to the adoption of the paragraph

23 as amended?

Hearing none, it's adopted.

25

SENATOR GREENE: Objection. Are we going to vote?

PAGE 77

GOVERNOR BUSBEE: There was an objection.

2

All those in favor of the adoption of the paragraph

3 as amended rise and stand until you're counted.

4

(A show of hands.)

5

GOVERNOR BUSBEE: Opposed.

6

(A show of hands.)

7

GOVERNOR BUSBEE: In both houses the ayes are 11,

8 the nays are six; it's adopted.

9

All right. The next one, Mel.

10

MR. HILL: Number 2 on the sheet relates to the

CzI
11 Ia-: civil courts of Richmond and Bibb Counties, and the municipal
o.0.-.
@;I courts of Savannah and Columbus. It is Number 2 in this package, and this is a draft to accomplish what was requested

! 14 I- at the last meeting by Senator Lester to exclude or to retain
'"
:I:
15 ~ or continue forward the jurisdiction of these courts as they aC:I ::>
16 .~.. are on the effective date of the constitution, and this c z
17 g proposed amendment will do that, and I think Representative

18 Pinkston would like to speak to it.

19

REPRESENTATIVE PINKSTON: I would just move the

20 adoption of it, Mr. Chairman.

21

GOVERNOR BUSBEE: Representative Pinkston moves the

22 adoption.

23

REPRESENTATIVE PINKSTON: I think on next to the

24 last line that section --

25

GOVERNOR BUSBEE: Just a minute. We couldn't hear

PAGE 78

you.

2

REPRESENTATIVE PINKSTON: I think on the next to the

3 last line where it says section, it should be section IX

4 instead of X.

5

MR. HILL: Yes.

6

GOVERNOR BUSBEE: That is a scrivener's error. Is

7 there any objection to correcting the scrivener?

8

If not, it's corrected.

9

All right. Now you've moved. Is there a second?

10

A VOICE: Seconded.

@;;11 ;"z:: o.'a"....

GOVERNOR BUSBEE:

discussion?

There is a second.

Is there any

Any objection to ordering the previous question?

! 14 Hearing none, the previous question is ordered.

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15 ~

Is there objection to the adoption?

"'~"

16 ~...

Hearing none, it's unanimously adopted .

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~

17 :

MR. HILL: All right. We are down to Number 4 on

18 that sheet, and that relates to community redevelopment, that

19 is Number 3 in this package, and this was an amendment that

20 Mr. Adams proposed at the last meeting, and we never got

21 around to considering it, so that is page 3.

22

Mr. Adams would like to speak to it.

23

REPRESENTATIVE ADAMS: Mr. Chairman, this goes back

24 to the development authority, but we have restricted the

25 language to say that it would have to be local legislation

PAGE 79

accompanied by a referendum, and they could specify anything

2 they wanted to in the local legislation.

3

SPEAKER MURPHY: Doesn't it also say, Mr. Adams,

4 that the money has to be spent in the area collected from?

5

REPRESENTATIVE ADAMS: Yes, sir, that's true.

6 That would be in the local municipality it was selected for.

7

GOVERNOR BUSBEE: Senator Holloway.

8

SENATOR HOLLOWAY: What are these alternatives?

9 Are they

10

SENATOR BARNES: You're on the wrong page. It's

CzI

11 Ia-: Number 3.

e ; ;.oQ...

SENATOR HOLLOWAY: Yes. GOVERNOR BUSBEE: This is on page 3 of the little

! 14 I- package.

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15 .:>

I think someone else might have had their hand up.

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16 .~.. Was there anyone else?

Q

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17 ::i

There's been a motion, and was there a second? I

18 didn't hear it.

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: There is a second.

21

All right. Now, then is there any discussion?

22 That's on page 3 of the shortened version.

23

Senator Tysinger.

24

SENATOR TYSINGER: G.D., is this the same amendment

25 that has been before the people twice and failed twice?

PAGE 80

EEPRESENTATIVE ADAMS: It's the same amendment

2 except it's more restrictive. It gives the local legislator

3 the opportunity to introduce the legislation, put any

4 specifics in there he wants to, and it would require a

5 referendum from the local municipality or county.

6

GOVERNOR BUSBEE: All right.

7

REPRESENTATIVE ADAMS: I would like to tell the

8 Senator that we had numerous hearings throughout the state

9 and I did not have a single municipality to oppose this,

10 they all supported it, and I'm sure G~ffi is on the record as

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11

le<

supporting this.

.~..

a~1 GOVERNOR BUSBEE: Colwell.

All right.

Representative

! 14 lo:-nr

REPRESENTATIVE COLWELL: Mr. Chairman, inasmuch as

15

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it's been defeated twice already,

don't you

think we might

e<

~

16 ~... Q

ought to set this aside and let

the people vote on it

in the

Z

17 ~ same classifcation, because I just -- I've got strong feelings

18 about this of it being in the constitution.

19

GOVERNOR BUSBEE: I'm sorry, I was hearing two

20 things. Representative Colwell and Representative Adams were

21 talking.

22

Do you want to go on and finish your conversation

23 there? Somebody else was talking to me.

24

A VOICE: Do what?

25

REPRESENTATIVE PINKSTON: Move the previous question

. _----------------------------------~

PAGE 81

REPRESENTATIVE ADAMS: I moved and got a second to

2 it. It's open for discussion.

3

GOVERNOR BUSBEE: All right. You move the previous

4 question?

5

I didn't understand what you said.

6

MR. HARRIS: He moved the adoption.

7

GOVERNOR BUSBEE: You moved the adoption.

8

REPRESENTATIVE ADAMS: I moved the adoption, and I

9
got a second.

10
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17 ~

GOVERNOR BUSBEE: I asked for discussion, and I thin} Representative Colwell made an observation.
REPRESENTATIVE COLWELL: I hate to oppose my good friend, but I do oppose this.
GOVERNOR BUSBEE: All right. Further discussion? REPRESENTATIVE MULLINAX: Mr. Chairman, is it not true that in the lase session of the General Assembly, this 1981 session, that we passed legislation pretty much giving

18
blanket authoiity for the development authorities in the

19
various municipalities without having to come back to us?

20
Is that not correct, downtown development authoritie~,

21
we gave them rather broad authority to do that under a state

22 law which I think was passed last session?

23
GOVERNOR BUSBEE: You did pass a downtown development

24
law in the last session, to answer Representative Mullinax'

25
question.

PAGE 82

All right. I've got a motion and a second. Any

2 further discussion?

3

Any objection to ordering the previous question?

4

Hearing none, the previous question is ordered.

5 All those in favor of Representative Adams' motion rise and

6 stand until you're counted.

7

(A show of hands.)

8

GOVERNOR BUSBEE: All opposed.

9

(A show of hands.)

10

GOVERNOR BUSBEE: In the House the ayes are ten,

11 ~"z the nays are nine; in the Senate the ayes are 1, the nays are
.o..
@; - I12 : 13. The motion is lost. Next item.

! 14 ...

MR. HILL: The next item is on page 4, and this

'<"
%
15 ~ relates to local government reorganization. It was in your

"'";:)

16 ~ package last time, but we never got around to considering it.

az
17 :<

This is a provision that authorizes the General

18 Assembly to provide by law for the consolidation of cities

19 and counties, but the debate was over how the vote should be

20 taken, and we have three alternatives here as to how the

21 constitution might read with respect to the vote on

22 consolidation.

23

SPEAKER MURPHY: Can I be heard on this one since

24 I brought it up?

25

MR. HARRIS: I recognize the Speaker.

PAGE 83

SPEAKER MURPHY: Can I be heard on this since I 2 brought it up?

3

GOVERNOR BUSBEE: Mr. Speaker.

4

SPEAKER MURPHY: This is the article as it now

S stands that I called to you ladies' and gentlemen's attention

6 where they could vote -- the Fulton County delegation as I

7 understand is now controlled by the city of Atlanta, I mean

8 they've got a voting marjority on the thing, they could pass

9 a local bill to expend the city limits of Atlanta and take in

10 the rest of the county, and all they would have to have is

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11 l- one election, let them all vote together, and the city of
...ot<
a..

12 ~ Atlanta of course would outvote everybody else and they could

~r~ ~~ take them in over their objection, so I move we go to ! 14 Alternative 2 in that list.

l-
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GOVERNOR BUSBEE: All right. We had the three

Cl t<

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16 .~.. alternatives that the staff came up with at your request as o

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17 ~ I understand it, so you have Alterntive 1, 2 and 3, and 2

18 is more or less the middle ground.

19

A VOICE: I would like to second the Speaker's

20 motion.

21

GOVENOR BUSBEE: All right. The motion is seconded.

22 Senator Holloway.

23

SENATOR HOLLOWAY: Parliamentary inquiry.

24

For many years we have increased our city limits

2S without a referendum. Would that preclude in the future from

PAGE 84

us doing that? This is just consolidation?

2

GOVERNOR BUSBEE: This is just consolidation.

3

SENATOR HOLLOWAY: I just want to be sure of that.

4

GOVERNOR BUSBEE: I think I can refresh your memory.

5 I think Representative Buck is the one that brought this up

6 when he asked about consolidation of governments in Columbus,

7 and there was a question, you want to hear from these

8 municipalities, but what if you had one that just had 12

9 people and you had a million people in all the other cities

10 and the county, so this was kind of the middle ground that

III Z
e ; ;11 ..oi..=.. said that if they have at least ten percent of the population they can block it by separate referendum under Alternative 2, and that was what was defined by staff as the middle ground.

! 14 ...

The motion is made and seconded. Is there further

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15 .:l discussion?

CI
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16 .~..

If not, is there objection to ordering the previous

Q

Z
17 : question? Hearing none, the question is ordered.

18

All right. Is there objection to the adoption of

19 Alternative 2 with the balance of Paragraph II, Section III,

20 Article IX?

21

Did somebody object? Okay. No objection, it's

22 unanimously adopted.

23

MR. HILL: All right. We are down to Number 6 on

24 the shee t .

25

Before we go to those last two articles let's clean

PAGE 85

up a couple other things.

2

Article VII, Section IV, Paragraph II{b), page 59,

3 I believe Carlton Colwell --

4

GOVERNOR BUSBEE: Let's slow down a minute.

5 Everybody is keeping up real well now. Page 59, let's turn

6 to that.

7

Which line do you want to start with, Mel?

8

MR. HILL: All right. There is a separate sheet on

9 this, I don't know how many copies have been distributed, but

10 the effect of the amendment would be to preclude from a

'z"

11

l-
oe....<..

25-year

term limit guaranteed revenue

bonds because

the

~ 12 ~ Department of Transportation is of the opinion this would

~r~ preclude these kind of bonds for toll roads and toll bridges,

! 14 and therefore they request this amendment.

l-

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15 .:>

A VOICE: Move the adoption.

"e<
:::>

16 ~
Q

GOVERNOR BUSBEE: The motion has been made. Is there

z

0(

17 : a second?

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: The motion is made and seconded.

20 Is there any discussion?

21

If not, is there objection to ordering the previous

22 question? Hearing none, the previous question is ordered.

23

Is there objection to the adoption of the amendment?

24 Hearing none, it's unanimously adopted.

25

Next.

PAGE 86

MR. HILL: I think now we are at the last two

2 articles, Article --

3

No, Robin has one.

4

MR. HARRIS: Mr. Chairman, if the members would turn

5 to the paragraph beginning on the bottom of page 2 and

6 continuing on to the top of page 3

7

GOVERNOR BUSBEE: That's the long document?

8

MR. HARRIS: That's the long document.

9

GOVERNOR BUSBEE: Page 2 and 3?

10

MR. HARRIS: Page 2, and continued on 3,

l:I

@);;11

Z j:
...o.o..r.:

Subsection

(b),

you provided

that

there

could be

six-person

juries in -- the General Assembly could provide for six-person

juries in courts of limited jurisdiction.

! 14 t-

I would like to ask you to consider adding at the

':z":

15 .:I end of that section, of that subparagraph, comma, the words

lo:rI:

;;;)

16 .~.. "and in superior courts in misdemeanor cases."

az

17 :

As it stands now and this is simply authorizing

18 you in the future to do it

as it stands now in those

19 counties that have state courts misdemeanors are tried with

20 six-person juries, or most of them, some of them are not.

21 In those counties that don't have state courts, misdemeanors

22 are tried in the superior court.

23

If in the future you should determine that it would

24 be a cost-saving factor for these counties that don't have 25 state courts and that want to have misdemeanors tried by

PAGE 87

six-person juries as they are in counties with state courts,

2 this would simply give you the authority to do it. It

3 doesn't say you have to.

4

SENATOR HOLLOWAY: Move the adoption.

5

A VOICE: Seconded.

6

GOVERNOR BUSBEE: The motion has been made before

7 you got through speaking, Representative Harris, and it's been

8 seconded.

9

Is there any discussion? Hearing none, is there

10 objection to ordering the previous question?

..,

z 11 i=
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0..

Hearing none, it's so ordered. Is there objection t

.~ 12 ~ the adoption of the amendment as outlined by Mr. Harris?

~r~ Hearing none, it's unanimously adopted.

! 14 ...

MR. HILL: Mr. Chairman, I did have a couple of

'<:"lr:

15 ..:.., additional things I wanted to point out before we go to the

a: :>
16 .~.. last two articles . c Z

<l:
17 ::i

In the review of the proposal that was approved at

18 the last meeting under the jurisdiction of the superior

19 courts on page 45, it was determined that there had been an

20 omission, an inadvertent omission relating to the jurisdiction

21 of felony cases in juvenile matters, and I spoke with

22 Representative Snow, it was an oversight not an oversight.

23 Under the earlier draft of the committee it was not necessary

24 to include that, but I have put that back in on line 28,

25 and I just want to point that out because that was the

PAGE 88

intent of the committee.

2

GOVERNOR BUSBEE: Is there any objection? Hearing

3 none, you're so instructed.

4

All right.

5

MR. HILL: On that same page, up at line 19 there

6 has been a request that we just put magistrate, juvenile and

7 state courts shall have uniform jurisdiction which was the

8 intent, and strike "such" because there was some question as

9 to whether "such" would undermine the intent. Just line 19,

10 page 45.

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11 j:
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SENATOR HOLLOWAY: So moved. A VOICE: Seconded. GOVERNOR BUSBEE: It's been moved and seconded

! 14 ... the word "such" be stricken. Discussion?

':<z":

15 olI

Hearing none, objection to ordering the previous

":':":>

16 .~.. question?

Q

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< 17 :

REPRESENTATIVE COLEMAN: Mr. Chairman, would that

18 affect us on the magistrate's court where some would have

19 small claims --?

20

GOVERNOR BUSBEE: I think it's just really technical.

21

REPRESENTATIVE COLEMAN: You say uniform?

22

GOVERNOR BUSBEE: That stays in there. He's just

23 striking the word "such."

24

Is there objection to the adoption of the amendment?

25 Hearing none, it's adopted.

PAGE 89

MR. HILL: On page 47, line 29, it's been requested 2 that the statement here "Review of all cases" be changed to

3 "Appellate practice and procedure shall be as provided by

4 law." It was felt this was the intention, but the language

5 was --

6

SPEAKER MURPHY: Hold on. Let me ask a question,

7 Judge. Does that get into this business about your court

8 rules you're talking about? If you start saying appellate

9 procedures, how you fix it in the Supreme Court --

10

JUSTICE CLARKE: I assume that they're talking

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I-
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about there

as

appellate

practice

and procedure

is

the

Appellate Procedure Act, and that that would be as provided

by law, which means the General Assembly would do it.

! 14

SPEAKER MURPHY: I would hope that, but I ain't real

I-

':"z:

15 ~ sure that's what it means. I picked up their language out of

"'":::l

16

~ z~

their draft.

17 :;

JUSTICE CLARKE: This was not my suggestion, but I

18 assume that's what it would mean.

19

SPEAKER MURPHY: I picked up their language out of

20 their draft of the constitution, and it scares me when they

21 start wanting to come back and change their language after 22 we've made a drastic change that we've made ourselves.

23 If you all start talking about appellate procedures being in

24 the breast of your court under these rules here, then we'd

25 be in a mess.

PAGE 90

JUSTICE CLARKE: My understanding of what I heard

2 Mel read was it would be as provided by law.

3

SPEAKER MURPHY: We have already provided in the

4 constitution where you control your own docket and your rules

5 in your court, and that's what scares me about the rest of

6 this thing here. I maintain we ought to leave it like it is.

7

JUSTICE CLARKE: This was not our suggestion. I'll

8 leave that up to the committee.

9

GOVERNOR BUSBEE: It's a staff suggestion I think.

10

MR. HILL: We'll just leave it as is.

I.:l
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11 i=
8);;..o~....

GOVERNOR BUSBEE: Just leave it as is. MR. HILL: Finally, the only other change is on -GOVERNOR BUSBEE: I think somebody moved -- Nobody

! 14 ... moved? If they had, is there objection we pass over it?

'x"

15 q No objection.

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16 ~...

Go to the next item .

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17 li'i

MR. HILL: Okay. Finally, on page 51, line 26, we

18 determined after the last meeting that there was another

19 county court that should have been included there, the County

20 Court of Baldwin County.

21

GOVERNOR BUSBEE: All right. Is there a motion to

22 include Baldwin County?

23

A VOICE: So moved.

24

A VOICE: Seconded.

25

GOVERNOR BUSBEE: The motion is seconded.

----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

PAGE 91

Discussion?

2

Objection to ordering the previous question?

3 Hearing none, is there objection to the adoption? Hearing

4 none, it's unanimously adopted.

5

Mr. Speaker.

6

SPEAKER MURPHY: There's something I want to bring

7 to the attention -- I've got to find it here.

8

GOVERNOR BUSBEE: While you're looking for that,

9 Mr. Speaker, let me ask you, we have two articles at the end

10
..,

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12 ~

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there. About how much more do you have before we get to that? MR. HARRIS: Nothing. That's it. GOVERNOR BUSBEE: All right. (Pause. ) GOVERNOR BUSBEE: While the Speaker is looking for
what he wanted to bring up on one of the sections, we have two other articles toward the end.
Senator Broun.

18

SENATOR BROUN: Have we addressed the question of

19 the Governor's term yet?

20

GOVERNOR BUSBEE: Yes, sir.

21

SENATOR BROUN: We have already addressed that?

22

GOVERNOR BUSBEE: Yes.

23

MR. HILL: If you'll turn to page 90 in your long

24 document, I think we can --

25

GOVERNOR BUSBEE: Just a minute. Did you want to be

PAGE 92

recognized on this?

2

SENATOR BELL: Parliamentary inquiry.

3

GOVERNOR BUSBEE: All right.

4

SENATOR BELL: When we got into the real extended

5 debate on the classification of property, did we ever adopt

6 the rest of that article?

7

GOVEm~OR BUSBEE: Yes, you did adopt the paragraph.

8

SENATOR BELL: Everything after that I'm talking

9 about.

10

" 11

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j:

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GOVERNOR BUSBEE: There wasn't anything after that. SENATOR BELL: That was it? GOVERNOR BUSBEE: Right. SPEAKER MURPHY: I found it.

! 14 ...

GOVERNOR BUSBEE: Mr. Speaker .

':"z:

15 .:l

SPEAKER MURPHY: I think on page 48, Section VII,

"'";;)

16 .~.. Paragraph I, I really believe that where it says all superior

Q

Z

17 :: court and state court judges shall be elected on a nonpartisan

18 basis for a term of four years, probate judges ought to be

19 added in there too.

20

REPRESENTATIVE SNOW: They are. They're in

21 Article IX.

22

MR. HILL: It says they're elected to a term of

23 four years in Article IX, Section --

If you look on page 77,

24 line 29, it states that clerk of the superior court, judge

25 of the probate court, sheriff, et cetera, shall be elected
- - - - - - - - - - --~---------------------------'

PAGE 93

by the qualified voters of their respective counties for

2 terms of four years.

3

SPEAKER MURPHY: Why are probate judges since they

4 are part of the judicial article, not in the judicial article

5 as to their term, as to how they're elected?

6

MR. HILL: There are some probate judges that serve

7 as the county governing authority, for one reason, and they

8 have been construed by the courts to be a county officer

9 within the meaning of Article IX, and that's where they were

10 placed.

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SPEAKER MURPHY: This means then that the probate

~ 12 ~ judge would be the only judge that's not elected on a non-

~'--~ partisan basis, so I assume he can politic then.

! 14

GOVERNOR BUSBEE: I think you have some counties

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15 .:> where he acts as administrator, he is the county commission,

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16 and I think

17 ozg;

A VOICE: We don't want him on --

18

A VOICE: Mr. Speaker is meddling a little bit now.

19

GOVERNOR BUSBEE: I think Representative Colwell

20 wants to second the motion made that probate --

21

REPRESENTATIVE COLWELL: I just want to be sure

22 that they not run as nonpartisan.

23

SPEAKER MURPHY: You're going to let them politic?

24

REPRESENTATIVE COLWELL: I mean as hard as they can,

25 Mr. Speaker.

PAGE 94

SPEAKER MURPHY: It suits me. It suits me to let 2 the superior court judges politic.

3

GOVERNOR BUSBEE: They have the four-year term, and

4 the Speaker was just pointing out that they did have some

5 judicial functions, and you're saying you want them --

6

SPEAKER MURPHY: I don't care. They ought to be in

7 the judicial article, but I don't care one way or the other.

8

GOVERNOR BUSBEE: Do you withdraw your motion?

9

SPEAKER MURPHY: I thought you all was trying to make

10 everything uniform.

11 ~"z

REPRESENTATIVE COLWELL:

a -I.o..... 12 ~ uniformity. GOVERNOR BUSBEE:

Okay.

Let's don't get too much
Let's go down to these last

14 ~ two articles if you will.

'x":
15 ~
"or:
:>
16 ~
oz
17 :

MR. HILL: Page 90 of your constitution. GOVERNOR BUSBEE: Page 90. REPRESENTATIVE LEE: Move its adoption.

18

GOVERNOR BUSBEE: This is the article on amendments

19 to the constitution.

20

MR. HILL: It's primarily an editorial revision of

21 the present language, except it does incorporate the limita-

22 tion on local amendments which was the earlier decision of

23 the committee.

24

GOVERNOR BUSBEE: I didn't understand. You said to

25 turn to page 90 and I was talking, I didn't hear what you said.

PAGE 95

MR. HILL: I just said that the proposal is

2 essentially an editorial revision, but it does recognize the

3 limitation on local constitutional amendments.

4

GOVERNOR BUSBEE: You're just on Paragraph I?

5

MR . HILL: Ye s .

6

GOVERNOR BUSBEE: All right. Does anybody move the

7 adoption of Paragraph I?

8

A VOICE: So moved.

9

GOVERNOR BUSBEE: All right. It's moved. Second?

10

A VOICE: Seconded.

CzI 11 a~:
...o
0..

GOVERNOR BUSBEE: All right. Any discussion?

~ 12 ~ Any objection to ordering the previous question?

~F~

Hearing none, it's ordered. Any objection to the

! 14 adoption? Hearing none, it's unanimously adopted.

~
'<:z": 15 .:>

Paragraph II.

aC:I

;;)

16 .~..

MR. HILL: Paragraph II again is essentially an

o

Z

17

< :

editorial

restatement

of

the

present

language

in

the

18 constitution.

19

REPRESENTATIVE LEE: So moved.

20

GOVERNOR BUSBEE: Mr. Lee moves. Is there a second?

21

REPRESENTATIVE BUCK: Seconded.

22

GOVERNOR BUSBEE: Seconded by Mr. Buck.

23

Is there objection to ordering the previous question.

24 Hearing none, it's ordered.

25

Is there objection to the adoption? Hearing none,

PAGE 96

it's adopted.

2

Paragraph III.

3

MR. HILL: Likewise.

4

A VOICE: Moved.

5

GOVERNOR BUSBEE: It's moved. Is there a second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: Objection to ordering the previous

8 question? Hearing none, it's ordered.

9

Is there objection to the adoption? Hearing none,

10 it's ordered.

"z
11 ~

Is there objection to the adoption? Hearing none,

@;;..'o."... it's adopted. MR. HILL:

Paragraph IV is an editorial revision as

! 14 are V and VI.

o~n

:<rl

15 .:

A VOICE: Moved.

"'";;)
16 ~...

A VOICE: Seconded

Q

Z

17 g<;l

GOVERNOR BUSBEE: Moved and seconded.

18

Objection to ordering the previous question?

19 Hearing none, it's ordered.

20

Is there objection to the adoption? Hearing none,

21 it's unanimously adopted.

n

Paragraph V.

23

A VOICE: Moved.

2245 I~IL

GA_O_VVO_EI__CRNE_O~_:R_B_uS_se_Bc_Eo_nE_d:_e_dM. _o_v_e_d_.__S_e_c_o_n_d_e_d_?

-----'

PAGE 97

GOVERNOR BUSBEE: Any objection to ordering the

2 previous question? Hearing none, it's orderen.

3

Any objection to the adoption? Hearing none, it's

4 unanimously adopted.

5

Paragraph VI.

6

A VOICE: Moved.

7

GOVERNOR BUSBEE: It's moved. Is there a second?

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: Objection to ordering the previous

10 question? Hearin<gi none, it's ordered.

Czl 11 ~
"o.l.L".
@;~

Objection to the adoption? Hearing none, it's unanimously adopted.
MR.HILL: That leaves Article XI on page 93.

! 14 ~ VI -<l :J:
15 .:l
Cl
:">"
16 ~... o Z -<l
17 :

A VOICE: Move the adoption. MR. HILL: SUbparagraph (a) is a restatement of the present constitution, and it grandfathers in those officers who are in office on the day before the effective

18 date of the new constitution.

19

Subparagraph (b) is a new provision which was

20 contained in the 1970 revision, an editorial revision, and it

21 continues in force and effect the various boards, commissions 22 and authorities which were in existence prior to the 23 effective date of the new constitution, and it's really a

24 savings clause.

25

That is Paragraph I.

PAGE 98

A VOICE: Moved.

2

MR. HILL: Page 93, Paragraph I.

3

GOVERNOR BUSBEE: All right.

4

A VOICE: Second.

5

GOVERNOR BUSBEE: The motion is made and seconded

6 that Paragraph I be adopted. Is there discussion?

7

Okay. If there's no discussion, is there objection

8 to ordering the previous question? Hearing none, so ordered.

9

Is there objection to the adoption? Hearing none,

10 it's unanimously adopted.

"z
11 j:
."2.".
12 ~

Paragraph II. MR. HILL: Paragraph II preserves all types of laws

@ r l that were in effect on the day before the effective date of

! 14 t- the new constitution, and allows

':z":

15 .::.

A VOICE: So moved.

""";:)

16 .~..

GOVERNOR BUSBEE: The motion is made it be passed .

Q

Z

17 :

A VOICE: Seconded.

18

GOVERNOR BUSBEE: There is a second to it.

19

Is there any discussion? Hearing none, is there

20 objection to ordering the previous question?

21

Hearing none, is there objection to the adoption?

22 Hearing none, it's unanimously adopted.

23

Next.

24

MR. HILL: Paragraph III is the same as the present

25 provision, except that administrative tribunal decisions are

PAGE 99

also recognized.

2

A VOICE: Moved.

3

A VOICE: Seconded.

4

GOVERNOR BUSBEE: It's moved and seconded.

5 Discussion.

6

Any objection to ordering the previous question?

7 Hearing none, is there objection to the adoption? Hearing

8 none, it's unanimously adopted.

9

Paragraph IV.

10

MR. HILL: Paragraph IV implements the local

11

Czl
j:

amendment

decision which was made

on

the

first

day

this

'o.l".L.

@;I committee met. A VOICE: Moved.

! 14 ...

A VOICE: Seconded .

':"r 15 ~

GOVERNOR BUSBEE: It's moved and seconded.

Cl
:':">

16 .~.. Discussion?

Q

Z 17 ~

Is there objection to ordering the previous question?

18 Hearing none, is there objection to the adoption of Paragraph

19 IV? Hearing none, it's unanimously adopted.

20

MR. HILL: All right. Paragraph V, special

21 commissions. This allows this commission to incorporate all

22 those amendments approved at the same time as the new

23 constitution into the new constitution.

24

GOVERNOR BUSBEE: I think the Speaker wanted to say

25 something on that paragraph, Paragraph V. Mr. Speaker.

PAGE 100

SPEAKER MURPHY: It may be in the existing

2 constitution, but I personally think it ought to be changed

3 to where it says the commission shall --

4

GOVERNOR BUSBEE: What line, Mr. Speaker?

5

SPEAKER MURPHY: Line 9, it says "There is hereby

6 created a commission to be composed of the President of the

7 Senate, the Speaker of the House of Representatives, the

8 Attorney General, the Secretary of State and the Legislative 9 Counsel." I think the Secretary of State ought to be

10 stricken and it ought to be the Governor, because we return

'z"

11

j:
'..o"....

the

document

to

the

Secretary

of

State

after

we

approve

it,

@~I

so he's a member of the commission that's approving a document that's returned to him, and I think it ought to be

! 14 I- the Governor instead of the Secretary of State.

'-:"zc:

15 01)

MR. HILL: That would be on line 11.

':'">"

16 .~..

SPEAKER MURPHY: I move we strike the Secretary of

Q

-Zc

17 : State and put the Governor.

18

GOVERNOR BUSBEE: It's on lines 11 and 12.

19

A VOICE: I second that.

20

GOVERNOR BUSBEE: The motion is made and seconded.

21 Is there any discussion?

22

Objection to ordering the previous question?

23 Hearing none, so ordered.

24

Is there objection to the adoption of the amendment?

25 Hearing none, the amendment is adopted.

PAGE 101

Is there objection to the adoption of Paragraph V

2 as amended? Hearing none, it's unanimously adopted.

3

Paragraph VI.

4

MR. HILL: This is the effective date, it's the same

5 as in the present provision except that it provides for the

6 specific repeal of all previous constitutions.

7

A VOICE: Moved.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: Is there discussion?

10

Any objection to ordering the previous question?

1.:1

Z

11

le<:

Hearing

none,

the previous question is

ordered.

."o.".

12 ~

Objection to the adoption of Paragraph VI?

Hearing

@r! none, it's adopted.

! 14 I-

Keep your seat please just a sedond.

VI

:<cl

15 ~

Senator HolLoway.

1.:1

e<:

;:)

16 ~
Q

SENATOR HOLLOWAY: I just want to move the adoption

z

<l

17 ~ of the --

18

GOVERNOR BUSBEE: Suspend just one second. Keep

19 order.

20

(Pause. )

21

GOVERNOR BUSBEE: I was going to recognize Senator

22 Holloway for the motion on the adoption as amended.

23

All right. Are there any other proposed amendments?

24 Hearing none, Senator Holloway.

25

SENATOR HOLLOWAY: Mr. President, I would like to'

PAGE 102

move the adoption of the Constitution of the State of Georgia

2 as recommended by this committee and as amended to the

3 General Assembly of Georgia.

4

GOVERNOR BUSBEE: The motion is made. Is there a

5 second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: Is there any discussion?

8

Objection to ordering the previous question?

9 Hearing none, the previous question is ordered.

10

Any objection to the adoption of the Constitution

\:I Z
11 i=
'..o".....
e;~ ! 14 ... 'x" 15 .:l \:I :'"> 16 ~... oz 17 ::

as amended? REPRESENIDATIVE COLLINS: I object. GOVERNOR BUSBEE: There is an objection. All those
in favor of the adoption of the Constitution \as you have amended it rise and stand until you're counted.
(A show of hands.) GOVERNOR BUSBEE: Reverse your position.

18

(A show of hands.)

19

GOVERNOR BUSBEE: In the House the ayes are 20, the

20 nays are three; in the Senate the ayes are 16, the nays are

21 zero, and it is adopted.

22

All right. Before you get up -- I know everyone is

23 anxious and that completes everything -- I would like to make 24 one final observation.

25

I have looked at the same faces out there day after

PAGE 103

day, we have worked hard for a long time in this room and

2 many of you participated on the various articles of the

3 Constitution; I want to commend all of you not only for the

4 work that you've done here, but for the sacrifice you've

5 made. I know you're going to have a difficult task as you

6 meet on Monday, you have reapportionment, the constitution

7 and other issues.

8

Drive safely and I'll see you Monday. I'm proud of

9 you and thank you.

10

.."z
11 j:

~

12 ~o.".".

(@JF~

14 ~

l-
V> 0(
x

.. 15 .:>
"::>

16 .o~z..

0(
17 ::i

Committee

(Applause. ) (Whereupon, at 4:10 p.m. the Legislative meetings were concluded.)
+++

Overview

18

Transcripts of Legislative

19

Overview Committee meetings

prepared by L. V. Partain,
20
Certified Court Reporter,

21

State of Georgia.

22

23

24

25

INDEX
Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on Aug. 20, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 8-20-81

Proceed ings. p. 3

ARTICLE I: BILL OF RIGHTS
SECTION I: RIGHTS OF PERSONS
Paragraph XI: Right to trial by jury; number of jurors; selection and compensation of jurors. pp. 86-87

ARTICLE III: LEGISLATIVE BRANCH SECTION IV: ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY Paragraph VI: Salaries. pp. 19,64-68

ARTICLE V: EXECUTIVE BRANCH
SECTION I: ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I: Governor: term of office; compensation and allowances. pp. 19, 63-64

ARTICLE VI: JUDICIAL BRANCH SECTION I: JUDICIAL POWER Paragraph V: Uniformity of jurisdiction, powers, etc. p. 88

SECTION IV: SUPERIOR COURTS Paragraph I: Jurisdiction of Superior Courts.

pp. 87-88

SECTION V: COURT OF APPEALS
(Appellate practice and procedure - recommendation only - dropped. pp. 89-90)

. SECTION VII: . Paragraph I:

SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES Election; term of office. pp. 92-94

Legislative Overview Committee 8-20-81 Page 2

SECTION IX: GENERAL PROVISIONS
Paragraph I: Administration of the judicial system; uniform court rules; advice and consent of councils. pp. 70-77

SECTION X: TRANSITION Paragraph I: Effect of ratification.

pp. 77-78, 90-91

ARTICLE VII: TAXATION AND FINANCE

SECTION I: POWER OF TAXATION

Paragraph I~I:

Uniformity; classification of property; assessment of agricultural land; utilities. pp. 5-10, 20-21, 23-63, 92.

SECTION IV: STATE DEBT
Paragraph II: State general obligation debt and guaranteed revenue debt; limitations. p. 85

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS SECTION II: HOME RULE FOR COUNTIES AND MUNICIPALITIES Paragraph I: Home rule for counties. pp. 20, 68-69 Paragraph VII: Community redevelopment. pp. 78-82

SECTION III: INTERGOVERNMENTAL RELATIONS Paragraph II: Local government reorganization. pp. 82-84

ARTICLE X: AMENDMENTS TO THE CONSTITUTION
SECTION I.: CONSTITUTION, HOW AMENDED
Paragraph I: Proposals to amend the Constitution; new Constitution. 94-95

LegisJative Overview Committee 8-20-a1 Page 3
Paragraph II: Proposals by the General Assembly; submission to the people. pp. 95-96
Paragraph III: Repeal or amendment of proposal. p. 96 Paragraph IV: Constitutional convention; how called. p. 96 Paragraph V: Veto not permitted. pp. 96-97 Paragraph VI: Effective date of amendments or of a new Constitution.
p. 97
ARTICLE XI: MISCELLANEOUS PROVISIONS SECTION I: MISCELLANEOUS PRbvISIONS Paragraph I: Continuation of officers, boards, commissions, and author-
ities. pp. 97-98 Paragraph II: Preservation of existing laws; judicial review. p. 98 Paragraph III: Proceedings of courts and administrative tribunals
confirmed. pp. 98-99 Paragraph IV: Continuation of certain constitutional amendments for a
period of four years. p. 99 Paragraph V: Special commission created. pp. 99-101 Paragraph VI: Effective date. p. 101
ADOPTION OF PROPOSED CONSTITUTION. pp. 101-102

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON AUGUST 20, 1981

LEGISLATIVE OVERVIEW CCMMITTEE AUGUST 20, 1981

1

CONSTITUTION

9

2

OF THE

10

3

STATE OF GEORGIA

11

4

PREAt~BLE

13

5

To perpetuat? the principles ~f free gov~rnment. 17

6

insure Justice to all. preserve peace. promote the Interest 18

7

and happiness of the citizen and of the fanlily. and transmit 19

3

to posterity the enjoyment of liberty. we the people of 20

9

Georgia. relying upon the protecti~n and gUidance of

10

Almi~hty ~od. do ordain and establish this Constitution.

21

11

ARTICLE I.

24

12

BI LL OF RIGHTS

25

13

SECTION I.

26

14

kIuHTS OF PERSONS

27

15

Paragrat)h I.

"30

16

person sr'all be rJepr i ved of 1 i fe. 1 i berty. or property 31

17

except by due process of law.

16

Paragraph II. E[~~1Qm_Q[_2Q~i!Q' Each person 33

19

hdS the natural and inalienable right to worship ~od. each 34

20 according to the dictJtes of that person's own conscience; 35

21

and no ,uman authority should. in any case. cc:lntrol or 36

22

interfere with such right of conscience.

23

Paragraph III. ~gligiQ~~__ QQiQiQQ~i __ [[!!QQ~ __ 2f 38

24

rgligiQQ' No inhabitant of this state shall be molested in 39

25

person or property or be prohibited from holding any public 40

26

office or trust on account of religious opinions; but the 41

21

right of freedom of rel igion shall not be so construed asto

2'3

excuse acts of licentiousness or Justify Jractices 42

29

inconsistent with the peace and safety of the state.

43

3J

45

31

g~~[~utlgJ. ~o law shall UP passed to curtail or restrain 46

32

the freeJom of speech or of the press. Every person may 47

D

speak. write. ~nd publ ish sentiments on rlll suojects but 48

34

shall be responsible for the abuse of that liberty.

- 1-

In ~ 11 civil or criminill 50

2

actions for lit)el, the truth may be '-Jiven in evidencp.; and, 51

3

it 5hall appear to the trier of fact th~t the matter 52

4

charged as libelous is true, the party sh~ll be discharged. 53

5

Paragraph VI.

~i!i~~u~~__ r2!~ti2Q __ ~f.

All

55

6

citizens of the Unltej States, resident in this state, are 5"

7

hereby declared citizens of this state; and it shall b~ the 57

8

duty of the Seneral A5sembl y to enact such 1 aws <'IS wi 11 58

9

protect them in the full enjoyment of the rights,

10 privileges, and immunities due to such citizenship.

5Q

11

Paragraph VIle ~r~~~_rigb!_tQ_~~g_~QQ_~g~r. The

h1

12

right of the ~eople to keep and bear arms shall not he 62

13

infrinqed, but the General Assembly shall have power "to 63

14 prescribe the manner in which arms may be borne.

15

Paragraph VlII. Bigb! __ lQ_~ii~~21g_~Qd_2gtiti2Q.

65

16

The people have the right to assemhle peaceably for their 6h

17

common good and to apply by petition or remonstrance to 67

18

those vested with the powers of government for redress of

19

grievances.

20

Paragraph IX.

~ill__Qf__2112iQQ~ri_~~_Q~il_f2!Q 69

21

12~ii_2QQ_r~!rQ2!i~~_!2~i. No bill of attainner, ex post 10

22

facto law, retroactive law, or laws impairing the o:>ligation 11

23

of contract or making irrevocable grant of special 72

24

privileges or immunities shall be passed.

25

x. Paragraph

__ ~igb!_!Q_lri2! ~Y __ i~rYi__ Q~~Qgr __ Qf

74

26

i~[Q[ii __ i~!~tiQQ __2Q~__ __ Q~Q~Qi21iQQ Qf __ i~[Q[i. (a) The

75

27

right to trial by jury shall remain inviolate, except that 76

28

the court shall render judgment without the verdict of a 77

29

jury in all civil cases where no issuable defense is filed

30

and where a jury is not demanded in writing by either party. 78

31

In cr iminal ca5es, the defendant shall have d publ ic clnd 79

32

speedy trial by an impartial jury; and the jury shall be the 30

33

judqes of the law and the facts_

34

(bl A trial jury shall consist of 12 persons; but 82

35

the General Assembly may prescribe any number, not less than 83

- 2-

to constitute a trial jury in courts of limited 84

2

jurisdiction.

3

Ie) The General Assembly shall provide by law for 86

4

the selection and compensation of persons to serve as grand 87

5

Jurors and trial jurors~

o

Paragraph XI. Ei]b! __ !Q__ lbg __Q~[l~. No person 89

7

shall be rleprived of the right to prosecute or defend. 90

3

either in person or by an attorney. that person's own cause 91

9

in any of the courts of this state.

10

Paragraph XII.

~g2[bg~~_~gi~~[g1~_2DQ_~2rr2D!~. 93

11

The right of the people to be secure in their persons. 94

12

houses. papers, and effects against unreasonable searches 95

13

and seizures shall not be violated; and no warrant shall 96

14

issue except upon probable cause supported by oath or

15

affirmation particularly describing the place or places to 97

10

De searched and the persons or things to be seized.

98

17

Paragraph XIII.

~gDgfi!__ Qf_Q~D~gli_i~~~2!iQDi

100

18

li~!_Qf~~i!Qg~~g~i_QillQ~1~Qrt_Q[2g~~.

Every person charged

101

19

with an offense against the laws of this state shall have 102

20

the privi lege and benefit of couns~l; shall be furnished 103

21

with a copy of the accusation and, on demanc, with a list of 104

22

the witnesses on whose testimony such charge is found~d;

23

shall have compulsory process to obtain the testimony of 105

24

that person's own witnesses; and shall be confronted with lOb

25

the witnesses testifying against such person.

26

Paragraph XIV. j2Qg2~_2rQ~~. The writ of habeas 108

27

corpus shall not be suspended unless. in case of rebellion 109

28

or invasion, the public safety may require it.

29

Paragraph XV. ~glf=iDriilliD2!iQD. No person shall III

30

be compelled to give testimony tending in ~ny manner to be 112

31

self-incriminating.

32

Paragraph XVI. }~ili__fiQiii __ 2~Diibm~Q!1 __ 2r[g~!~ 114

33

~Q~~__Qf __ Qri~QD~r~ Excpssive bail sh"ll not be required. 115

34

nor excessive fines impose~. nor cruel and unusual 116

35

punishments inflicted; nor shall any person be abused in

36

being arrested, while under arrest, or in prison.

117

- 3-

Paragraph XVII. __ 19Q~2rg~_Qf_llfg_Qr llQ~ri~ __ ~Qr~

ll Q

2

iQ2Q __ 2Q~_fQrQ1QQ~Q. No person shall be put in j80pardy of 120

3

life or liberty more than once for the same offense except 121

4

when a new trial has been granted after conviction or in 122

5 case of mistrial.

/)

Paragraph XVIII. Irg~1QQ. Treason against the 124

1

State of Georgia shall consist of insurrection against the 125

8

state. adhering to the state's enemies. or giving them aid 126

9

and comfort. No person shall be convicted of treason except 127

10 on the testimony of two witnesses to the same overt act or

11

confession in open court.

12

Paragraph XIX.

12 '3 No 130

13

conviction shall work corruption ~f blood or forfeiture of 131

14 estate.

15

Paragraph XX.

133

16

Q~Dl!bmgDi__ fQr_rlm!. Neither banishment beyond the limits 134

11 of the state nor whipping shall be allowed as a punishment 135

18 for crime.

19

Paragraph XXI. ID~Ql~D~~rI_!gr~ii~Q!. There Sh311

137

20 be no involuntary servitude within the State of Georgia 138

21

except as a punishment for crime after legal conviction 139

22

thereof or for contempt of court.

23

Paragraph XXII. ImQri!Qum!Ql__fQr __Qg21. There 141

24

shall be no imprisonment for debt.

25

Paragraph XXIII. ~2!~!. No person shall be 143

26 compelled to pay costs in any criminal case except after 144

27 conviction on final trial.

28

Paragraph XXIV. ~l~i~!_Qf_!bg_i!i~gD. The social

146

29

status of a citizen shall never be the SUbject of 147

30

legislation.

31

Paragraph XXV. ~gmQ~i2D!_tr2m_lgY~_~Dg.!~lg~ The 149

32

General Assembly shall protect by law from levy and sale by 150

33

virtue of any process under the laws of this state a portion 151

34 of the property of each person in an amount of not less than 152

35

$1.600.00 and shall hilve a'uthority to defi"e to whom any 153

- 4-

1 such additional exeMptions shall be allowed; to specify the 153

2 amount of such exemptions; to provide for the manner of 154

3 exempting such property and for the sale. alienation. and 155

4 encumbrance thereof; and to provide for the waiver of said 156

5 exemptions by the debtor.

6

Paragraph XXVI. ~Q2~~!~~_i2Q~r2~2_Qr2Q!r~~. The 158

7 separate property of each spouse shall remain the separate 159

8 property of that spouse except as otherwise provided by law. 160

9

Paragraph XXVII. EQYm!r~~iQn_Qf_rign~~_QQ~_1!Qi~1 162

10

Qf_Q~n!r~. The enumeration of rights herein contained as a 163

11 part of this Constitution shall not be construed to deny to 164

12 the people any inherent rights which they may have hitherto 165

13 enjoyed.

. 14

SECT! ON II

168

15

ORIGIN AND STRUCTURE OF GOVERNMENT

169

16

Paragraph I. QrigiQ_~Qg_fQYQg~liQQ_2f_gQ~!rQm!Ql. 172

17 Afl government. of right. originates with the people. is 113

18 founded upon their will only. and is instituted solely for 174

19 the good of the whol.e. Pub1 i c officers are the trustees and 175

20 servants of the people and are at all times amenable to

21 them.

22

Paragraph II. QQl!s;LQLgQ~~r!l!!!!Q~. The people of 177

23 this state have the inherent right of regUlating their 178

24 internal government. Government is instituted for the 179

25 protection. security. and benefit of the people; and at all 180

26 times they have the right to alter or reform the same

27

when~ver the public good may require it.

181

28

Paragraph III. f!Qt!~liQQ_1h!_1Y~X_Qf_gQ~!rQm!Ql. 183

29 Protection to person and property is the paramount duty of 184

.30 government and shall be impartial and complete

185

31

Paragraph IV. ~!Q2r~1i2Q_Qf_l!9iil~li~~~_i~Qii~1~ 187

32

~U1 !~!~Y~i~!__ QQ~!ri. The legislative. judicial. and 188

33 executive powers shall forever remain separate and distinct; 189

34 and no person discharging the duties of one shall at the

- 5-

1 same time exercise the functions of either of the others 190

2 except as herein provided.

3

Paragraph V. ~Q~l~mQl~. The power of the courts 192

4 to punish for contempt shall be limited by legislative acts. 193

5

Paragraph VI. !i!:H!1_21~_l!QiQ. Legislative acts in 195

6 violation of this Constitution or the Constitution of the 196

7 United States are void, and the jUdiciary shall so declare 197

8 them.

9

Paragraph VII.

__Qf __ ~~Q~riQrilY

fil!il_2~lnQrilY.

199

10 The civil authority shall be superior to the military.

200

11

__ Paragraph VII I. ~~QS!rS!nQ!LQL_fn~r.fn i!~Q __ H21~. 202

12 No money shall ever be taken from the public treasury, 203

13 directly or indirectly, in aid of any church, sect, cult. or 204

14 religious denomination or of any sectarian institution.

15

Paragraph IX. ~Qll~r.i~~. All 1otter i es, and the 206

16 sale of lottery tickets. are hereby prohibited; and this 207

17 prohibition shall be enforced by penal laws, except that the 208

18 General Assembly may by law provide that the operation of a 209

19 nonprofit bingo game shall not be a lottery and shall be 210

20 legal in this state. The General Assembly may by law define

21 a nonprofit bingo game and provide for the regulation of 211

22 nonprofit bingo games.

23

Paragraph X. ~Q~~r.~ign_immYnilY_Qf_ln~_~121~_fr.Q~

213

24 ~Yil. The sovereign immunity of the state from suit is 214

25 hereby expressly reserved except to the extent of any waiver 215

26 or qualification of such immunity as is now or may hereafter 216

27 be provided by law.

28

SECTION III.

219

29

GENERAL PROVISIONS

220

30

Paragraph I. ~!!!i(l!i!nl__ QQ!!!2in. (a) Except as 223

31 otherwise provided in this Paragraph, private property shall 224

32 not be taken or damaged for public purposes without just and 225

33 adequate compensation being first paid.

- 6-

1

(bl When private property is taken or damaged by 227

2 the state or the counties or municipalities of the state for 228

3 public road or street purposes, or for public transportation 229

4

purp~ses, or for any other pUblic purposes as determined by 230

5 the General Assembly, just and adequate compensation

6

therefor need not be paid until the same has been finally 232

7 fixed and determined as provided by law; but such just and 233

8 adequate compensation shall then be paid in preference to

q

all other obligations except bonded indebtedness.

234

10

(cl The General Assembly may by law require the 236

11 condemnor to make prepayment against adequate compensation 237

12 as a condition precedent to the exercise of the right of 238

13 eminent domain and provide for the disbursement of the same

14 to the end that the rights and equities of the property 239

15 owner, lien holders, and the state and its subdivi5ions may 240

16 be protected.

17

(dl The General Assembly may provide by law for 242

18 the payment by the condemnor of reasonable expenses, 243

19

including attorney's fees, incurred by the condemnee in 244

20 determininy just and adequate compensation.

21

(el Notwithstanding any other provision of the 246

22 Constitution, the General Assembly may provide by law for 247

23 relocation assistance and payments to persons displaced 248

24 through the exercise of the power of eminent domain or

2S

because of public projects or programs; and the ~owers of 249

26 taxation may be exercised and public funds expended in 250

27 furtherance thereof.

28

Paragraph II. friY~1~_~2Y~. In case of necessity, 252

29 private ways may be granted upon just and adequate 253

30 compensation being first paid by the appl icant.

31

Paragraph III. __ Ii~g~21gr iiil~~ __fQnfi[mgQ. The 255

32

Act of the General Assembly approved December 16, 1902, 256

33 which extends the title of ownership of lands abutting on 257

34 tidal water to low water mark, is hereby ratified and

3S

confirmed.

- 7-

1

ARTI:LE II.

260

2

VOTING AND ELECTIONS

261

3

SECTION I.

262

4

METHOD OF VOTING; RIGHT TO REGISTER AND VOTE

263

5

Paragraph I. ~~~UQ~_Qf_~Q~iQg. Elections by the 261

6 people shall be by secret ballot and shall be conducted in 268

1 accordance with procedures provided by law.

8

Paragraph II. __ Bigb~_~2-[~gi~!~[_2Qg ~Qt~.

Every

210

9 person who is a citizen of the United States and a resident 211

10 of Georgia as defined by law, who is at least 18 years of 212

11 age and not disenfranchised by this article, and who meets 213

12 minimum residency requirements as provided by law shall be

13 entitled to register and, being registered in the manner 214

14 provided by law, to vote at any election by the people.

215

15

Paragraph III. ~~gQ~!2Q~_~2_[igb!_lQ_[ggi~!~[_~Qg 211

16

~Q~~. No person may register, remain registered, or vote 218

11 who has been convicted of a felony involving moral 219

18 turpitude, except upon completion of the sentence, or who 280

19 has been jUdicially determined to be mentally incompetent,

20 unless the disability has been removed.

281

21

SECTION II.

284

22

GENERAL PROVISIONS

285

23

Paragraph I. __ __ __ __ e[Q~~~~~_tQ Q~ Q[Q~lg~g Q~ l~~.

288

24 The General Assembly shall provide by law for a method of 289

25 appeal from the decision to allow or refuse to allow any 290

26 person to register or vote and shall provide by law for a 291

21 procedure whereby returns of all elections by the people

28 shall be Made to the Secretary of State.

292

29

Paragraph II.

B~n=Qff ~lgtiQQ. A run-off

294

30 election shall be a continuation of the general election and 295

31 only persons who were entitled to vote in the general 296

32 election shall be entitled to vote therein; and only those

33 votes cast for the persons designated for the runoff shall 291

- 8~

1 be counted in the tabulation and canvass of the votes cast. 298

2

Paragraph II I. __ ~~[iQQi QQ!__ ~ligi21~ __ tQ ___ b21Q 300

3

Qff.i~ No person who is not a registered voter or who has 301

4

been convicted of a felony involving moral turpitude. unless 302

5 that person's c i vi 1 rights have been restored. or who is the 303

6 holder of public funds .illegally shall be eligible to hold

7 any office or appointment of honor or trust in this state. 304

8

Additional conditions of eliqibility to hold office for 305

9

persons elected on a write-in vote and for persons holdinq 306

10 offices or appointments of honor or trust other than elected 307

11 offices createo by this Constitution may be provided by law.

12

Paragraph IV. __ B2~211_Qf_Q~li Qffii21~ __ bQ1QiQg 309

13

__ ~l~!i~~ Qffi~~. The General Assembly is hereby authorized 310

14 to provide by general law for the recall of publ ic officials 311

15 who hold elective office. The procedures. grounds. and all 312

16 other matters relative to such recall shall be provided for 313

17

in such law.

314

- 9-

1

ARTI:LE III.

311

2

LEGISLATIVE BRANCH

318

3

SECTION I.

319

4

LEGISLATIVE POWER

320

5

Paragraph I.

__ __ in __ __ ~Q~~r y~~!~g

~~n~r~l ~~~~~Qly.

324

6

The legislative power of the state shall be vested in a 325

1

General Assembly which shall consist of a Senate and a House 326

8

of Representatives.

9

SECTION II.

329

10

COMPOSITION OF GENERAL ASSEMBLY

330

11

__ Paragraph I. ~~n2!~_2ng_~Q~~~_Qf E~Qr~~~n!2!iY~i.

333

12

(a) The Senate shall consist of not fewer than 56 Senators. 334

13

each of whom shall be elected from single-member districts. 335

14

(b) The House of Representatives shall consist of 331

15

not fewer than 180 Representatives apportioned among 338

16

representative districts of the state.

11

__ __ Paragraph II. ~Q~Q(!lQnm~n!_Qf ~~n~r21 ~~~~~Qly.

340

18

The General Assembly shall apportion the Senate and House 341

19

districts. Such districts shall be composed of c~ntiguous 342

20

territory. The apportionment of the Senate and of the House 343

21

of Representatives shall be changed by the General Assembly

22

as necessary after each United States decennial census.

344

23

Paragraph III.

__ Qf Q~21ifi2!iQn~

m~mQ~r~

Qf

346

24

__ ~gn~r21 ~~~~m21Y.

(a) At the time of their election. the 347

25

members of the Senate shall be citizens of the United 348

26

States. shall be at least 25 years of age. shall have been

21

citizens of this state for at least two years. and shall 349

28

have been legal residents of the territory embraced within 350

29

the district from which elected for at least one year.

351

30

(b) At the time of their election. the members of 353

31

the House of Representatives shall be citizens of the United 354

32

States. shall be at least 21 years of age. shall have been 355

33

citizens of this state for at least two years. and shall 356

- 10 -

1 have been legal residents of the territory embraced within 356

2 the district from which elected for at least one year.

357

3

Paragraph IV. Qi~g~~lifi~!iQ~~. (a) No person 359

4 on active duty with any branch of the armed forces of the 360

5 United States shall have a seat in either house unless 361

6 otherwise provided by law.

7

(b) No person holding any civil appointment or 363

8 office having any emolument annexed thereto under the United 364

9 States. this state. or any other state shall have a seat in 365

10 either house.

11

(c) No Senator or Representative shall be elected 367

12 by the General Assembly or appointed by the Governor to any 368

13 office or appointment having any emolument annexed thereto 369

14 during the time for which such person shall have been

15 elected unless the Senator or Representative shall first 370

16 resign the seat to which elected; provided. however. that. 371

17 during the term for which elected. no Senator or 372

18 Representative shall oe appointed to any civil office which

19 has been created during such term.

373

20

Paragraph V.

__ 1~!iQ~ 2~Q_!~~~_Qf_m~~Q~~~.

(a)

375

21

The members of the General Assembly shall be elected by the 376

22 qual ified electors of their respective districts for a term 377

23 of two years and shall serve until the time fixed for the 378

24 convening of the next General Assembly.

25

(b) The members of the General Assembly in office 380

26 on June 30. 1983. shall serve out the remainder of the terms 381

.27

to which elected

28

(c) The first election for members of the General 383

29 Assembly under this Constitution shall take place on Tuesday 384

30 after the first Monday in November. 1984. and subsequent 385

31 elections biennially on that day until the day of election

32

is changed by law.

386

- 11 -

1

SECTION III.

389

2

OFFICERS OF THE GENERAL ASSEMBLY

390

3

Paragraph I.

E[g~iQgnt_2n1_~rg~iQgnt_Er2_!g~eQrg 393

4

Qf_!bg_~gn2!g. (a) The presiding officer of the Senate 394

5 shall be styled the President of the Senate.

6

(b) A President Pro Tempore shall be elected by 396

1 the Senate from among its members. The President Pro 391

8 Tempore shall act as President in case of the temporary 398

9 disaoility of the President. In case of the death,

10 resignation, or permanent disability of the President or in 399

11 the event of the succession of the President to the 400

12 executive power, the President Pro Tempore shall become 401

13 President and shall receive the same compensation and

14 allowances as the Speaker of the House of Representatives. 402

15 The General Assembly shall provide by law for the method of 403

16 determining disability as Jrovided in this Paragraph.

11

Paragraph II.

~~~2~gr_2nQ_~Qg2~gr_E[Q_Ig~~Q[g_Qf 405

18

!Ug_tlQYag_Qf_~gQ[ga~n!2!iyga' (a) The presiding officer of 406

19 the House of Representatives shall be styled the Speaker of 401

20 the House of Representatives and shall he elected by the 408

21

House of Representatives fro~ among its members.

22

(b) A Speaker Pro Tempore shall be elected by the 410

23 House of Representatives from among its members. The 411

24 Speaker Pro Tempore shall become Speaker in case of the 412

25 death, resignation, or permanent disability of the Speaker

26 and shall serve until a Speaker is elected. Such election 413

21

shall be held as provided in the rules of the House. The 414

28 General Assembly shall provide by law for the method of 415

29 determining disability as provided in this Paragraph.

30

Paragraph III.

Q~Ug[_Qffig[~_Qf_!bg_!~Q_bQ~~~~' 411

31 The other officers of the two houses shall be a Secretary of 418

32 the Senate and a Clerk of the House of Representatives.

419

- 12 -

1

SECTION IV.

422

2

ORGAN~ZATION AND PROCEDURE OF THE GENERAL ASSEMBLY

423

3

Paragraph I. ~~~tiQ9~_li~~_liIDit~_~QQ_~Qj~~[~ID~Qt. 427

4

(a) The General Assembly shall be a continuous body during 428

5 the term for which the members thereof are elected. The 429

6 General Assembly shall meet in regular session on the second 430

7 Monday in January of each year and may continue in session

8 for a period of no longer than 40 days in the aggregate each 431

9 year. By concurrent resolution, the General Assembly may 432

10 adjourn any regular session to such later date as it may fix 433

11 for reconvening. Separate periods of adjournment may be 434

12 fixed by one or more such concurrent resolutions.

13

Ib) Neither house shall adjourn for more than 436

14 three days or meet in any place other than the state 437

15 capitol without the consent of the other. In the event 438

16 either house, after the thirtieth day of any session, adopts 439

17 a resolution to adjourn for a specified period of time and 440

18 such resolution and any amendments thereto are not adopted

19 oy both houses by the end of the legislative day on which 441

20 adjournment was called for in such resolution, the Governor 442

21

may adjourn both houses for a period of time not to exceed 443

22 ten days.

23

Ic) If an impeachment trial is pending at the end 445

24 of any session, the House shall adjourn and the Senate shall 446

25 remain in session until such trial is completed.

447

26

Paragraph II. Q~~~_Qf_m~m2~[~. Each Senator and 449

27 Representative, before taking the seat to which elected, 450

28 shall take the oath or affirmation prescribed by law.

451

29

Paragraph III. g~Q[~m. A majority of the members 453

30 to which each house is entitled shall constitute a quorum to 454

31

transact business. A smaller number may adjourn from day to 455

32 day and compel the presence of its absent members.

33

Paragraph IV. ~~l~~__ Q[__ Q[Qf~Q~[~i __ ~QIQ~~g~i 457

34

iQt~[iID_fQillIDil!~~i. Each house shall determine its rules of 458 .

- 13 -

1 procedure and may provide for its employees. Interim 459

2 committees may be created by or pursuant to the authority of 460

3 the General Assembly or of either house.

4

Paragraph V. ~~~Qi~1. When a vacancy occurs in 462

5

the General Assembly, it shall be filled as provided by this 463

6 Constitution and by law. The seat of a member of either 464

7

house shall be vacant upon t~eremoval of such member's 465

8 legal residence from the district from which elected.

,9

Paragraph VI. ~~!~ri~~. The members of the 467

10

Ge~eral Assembly shall receive such salary as shall be 468

11

provided for by law and shall be entitled to receive the 469

12 same average annual cost-of-l iving adjustment to such salary

13

as that yranted to employees in the classified s~rvice of 470

14 the state merit systeal, as calculated by the State Office of 471

15 Planning and Budget. Such increase shall become effective 472

16 for members of the General Assembly at the same time that it 473

17 becomes effective for such state employees. Except as 474

18 provided in this Paragraph, no increase in salary shall

19 become effective prior to the end of the term durinq which 475

20 such change is made.

21

Paragraph VII. l~~i2Q__ ~QQ __r~~~LQ~i __2i1QLQ2rl~ 477

22 2QQYI. Each house shall be the judge of the election, 478

23 returns, and qualifications of its members and shall have 479

24

power to punish them for disorderly behavior or misconduct

25 by censure, fine, imprisonment, or expulsion; but no member 480

26

shall be expelled except by a vote of two-thirds of the 481

27 members of the house to which such member belongs.

482

28

Paragraph VIII. ~2QI~mQ~1L__QQ~__QYni~b~Q. Each 484

29

house may punish by imprisonment, not exte~ding beyond the 485

30 session, any person not a member who shall be guilty of a 486

31 contempt by any disorderly behavior in its presence or who 487

32

shall rescue or attempt to rescue any person arrested by

33 order of either house.

34

Paragra~h IX.

~ri~il~92_Qf_m~mQ2r~. The members

489

35 of both houses shall be free from arrest during sessions of 490

- 14 -

the General Assembly, or committee meetings thereof. and in 491

2 going thereto or returning therefrom, except for treason1 492

3 felony. or breach of the peace. No member shall be liable

4 to answer in any other place for anything spoken in either 493

5 house or in any committee meeting of either house.

494

6

Paragraph x.

51~li2n~ __Ql __ ~ilb~r __ bQ~~~. All

496

7 elections by either house of the General Assembly shall be 497

8

by recorded vote, and the vote shall appear on the 498

9

respective journal of each house.

10

SECTION V.

501

11

ENACTME~T OF LAWS

502

12

Paragraph I. ~Q~[n~li_2n~_1~~~. Each house shall 505

13 keep and publ ish after its adjournment a journal of its 506

14 proceedings. The original journals shall be the sole, 507

15 official records of the proceedings of each house and shall 508

16 be preserved as provided by law. The General Assembly shall 509

11 provide for the publication of the laws passed at each

lS

session.

19

Paragraph II. ~illi__ fQr_r~~~Q~g. All bills for 511

20 raising revenue, or appropriating money, shall oriJinate in 512

21

the House of Representatives.

22

Paragraph III. QQg_~~Ql~t_~2tlgr_g~Q[~~~gQ. No 514

23

bill shall pass which refers to more than one subject matter 515

24 or contains matter different from what is expressed in the 516

25 title thereof.

26

Paragraph IV.

~!21~lgi_2QQ_i~!iQQi_Qf_~Qrt~L_QQ~ 518

21

~ill~nQgQ. No law or section of the Code shall be amended or 519

28 repealed by mere reference to its title or to the number of 520

29 the section of the Code; but the amending or repealing Act 521

30 shall distinctly describe the law to be amended or repealed

31

as well as the alteration to be made.

522

32

Paragraph V. ~21Qritl_Qf_illg~Qgri_!Q_~2i~_Qill. No

524

33 bill shall become law unless it shall receive a maj:>rity of 525

34 the votes of all the members to which each house is 526

- 15 -

entitled, and such vote shall so appear on the journal of 521

2 each house.

3

Paragraph VI.

__ ~~gQ rQll=f~ll __ ~Ql~ __ li~gQ.

In 529

4 either house, when ordered by the presiding officer or at 530

5 the desire of one-fifth of the members present or a lesser 531

6 number if so provided by the rules of either house. a

1

roll-call vote on any question shall be taken and shall be 532

8 entered on the journal. The yeas and nays in each house 533

9

shall be recorded and entered on the journal upon t~~ 534

10 passage or rejection of any bill or resolution appropriating

11 money and whenever the Constitution requires a vote of 535

12

two-thirds of either or both houses for the p~ssage of a 536

13

bill or resolution.

14

Paragraph VII.

__ ~~;:!Qi!}g QL_gg!}~L!L_Qill~.

The 538

15 title of every general bill and of every resolution intended 53 Cl

16 to have the effect of general law or to amend this 540

11 Constitution or to propose a new Constitution shall be read 541

18

three ti~es and on three separate days in each house before

19 such bill or resolution shall be voted upon; and the third 542

20 reading of such bill and resolution shall be in their 543

21 entirety when ordered by the presiding officer or by a 544

22 majority of the members voting on such question in either

23 house.

24

Paragraph VIII. __ ~rQf~Q~t~ fQt __Q!}~iQ~tiUg __1Qf21 546

25

l~gi~l~iiQ!}. The General Assembly may provide by law for 541

26 the procedure for considering local legislation. The title 548

21

of every local bill and every resolution intended to have 549

28 the effect of local law shall be read at least once before

29 such bill or resolution shall be voted upon; and no such 550

30 bill or resolution shall be voted upon prior to the second 551

31

day following the day of introduction.

32

Paragraph IX. !Q~~[ti~~~~!}t_Qf_!}Qtif~_tQ_iuttQ9~fg 553

33

__ lQf~1 1~gi~12tiQu.

The General Assembly shall provide by 554

34

law for the advertisement of notice of intention to 555

35

introduce local bill s.

- 16 -

1

Paragraph X.

All Acts shall be 551

2 signed by the President of the Senate and the Speaker of the 558

3 House of Representatives.

4

560

5

in this Constitution for a two-thirds' vote of both houses 561

6 of the General Assembly shall be construed to waive the 562

1 necessity for the signature of the Governor as in any other

8

case, except in the case of the two-thirds' vote required to 563

9 override the veto or to submit proposed constitutional 564

10 amendments or a proposal for a new Constitution.

565

11

Paragraph XII.

No b i 11 or 561

12 resolution intended to have the effect of law which shall 568

13 have been rejected by either house shall again be proposed 569

14 during the same regular or special session under the same or 510

15 any other title without the consent of two-thirds of the 511

16 house by which the same was rejected.

11

513

18

(a) All bills and all 514

19 resolutions which have been passed by the General Assembly 515

20 intended to have the effect of law shall become law if the

21

Governor approves or fails to veto the same within six days 576

22 from the date any such bill or resolution is transmitted to 571

23 the Governor unless the General Assembly adjourns sine die 578

24 or adjourns for more than 40 days prior to the expiration of 579

25 said six days. In the case of such adjournment sine die or 580

26 of such adjournment for more than 40 days, the same shall

become law if approved or not vetoed by the Governor within 581

28 40 days from the date of any such adjournment.

582

29

(b) Durinq sessions of the General Assembly or 584

I

30 during any period of adjournment of a session of the General 585

31

Assembly, no bill or resolution shall be transmitted to the 586

32 Governor after passage except upon request of the Governor

33 or upon order of two-thirds of the membership of each house. 587

34 A local bill which is required by the Constitution to have a 588

35

referendun election conducted before it shall become 589

- 11 -

effective shall ue transmitted immediately to the Governor 590

2

when ordered by the presiding officer of the house wherein

3

the bill shall have originated or upon order of two-thirds 5 '11

4

of the membership of such house.

5

(c) The Governor shall have the duty to transmit 593

6

any vetoed bill or resolution. together wit~ the reasons for 594

7

such veto, to the presidinJ officer of the house wherein it 595

8

originated within three days from the date of veto if the 596

9

General Assembly is in session on the date of transmission.

10

If the General Assembly adjourns sine die or adjourns for 50 7

11

more than 40 days, the Governor s~all transmit any vetoed 50B

12

bill or resolution, together with the reasons for such veto, 599

13 to the presiding officer of the house wherein it originated

14 within 60 days of the date of such adjournment.

600

15

(d) During sessions of the General Asse~bly, any 602

16

vetoed oill or resolution may unon receipt be immediately 603

17 considerej by the house wherein it originated for the 604

13

purpose of overriding the veto. If two-thirds of the

19 members to which such house is entitled vote to override the 605

20

veto of the Governor, the same shall be immediately 606

21

transmitted to the other house where it shall be immediately 607

22

considered.

Upon the vote to override the veto by

23

two-thirds of the members to which such other house is ,,08

24

entitled, such bill or resolution Shall become law. All 609

25

bills and resolutions vetoed during the last three days of 610

26 the session and not considered for the purpose of overriding

27

the ve~o and all bills and resolutions vetoed after the 611

2B

General Assembly has adjourned sine die may be considered 612

29

within the first ten days of the next regular session of the 613

30

General Assembly for the purpose of overriding the veto in 614

31

the manner herein provided. If either house shall fail to

32

override the Governor's veto, nei ther house shall again 615

33

consider such bill or resolution for the purpose of 616

34

overriding such veto.

- 18 -

1

(e) The Governor may approve any appropriation and 618

2 veto any other appropriation in the same hill. and any 619

3

appropriation vetoed shall not become law unless such veto 620

4

is overridden in the manner herein provided.

5

SECTION VI.

623

6

EXERCISE OF POWERS

624

7

Paragraph I. ~~~~[~l_QQ~~[~. The General Assembly 627

8

shall have the power tu make all laws not inconsistent with 628

1

this Constitution. and not repugnant to the Constitution of 629

10

the United States. which it shall deem necessary and proper 630

11

for the welfare of the state.

12

Para::jraph II.

(a)

.'ithout 632

13

limitation of the powers granted under Para~raph I. the 633

14

General Assembly shall have the power to provide by law for: 634

15

(1) Restrictions upon land use in order to 636

16

protect and preserve the natural resources. 637

17

environment. and vital areas of this state.

IS

(2 ) A militia and for the tr i a I by 639

19

courts-martial and nonjudicial punishment of its 640

20

~embers. the discipline of whom. when not in

21

federal service. shall be in accordance with law 641

22

and the directives of the Governor acting as 642

23

commander in chief.

24

(3) . The participation by the state and 644

25

political subdivisions and instrumentalities of the 645

26

state in federal programs and the compliance with

27

laws relating thereto. jncluding but not I imited to 646

the powers. which may be exercised to the extent 647

29

and in the manner necessary to effect such

30

participation and compliance. to tax. to expend 648

31

pub 1 i c money. to condemn property. and to zone

32

property.

33

(4 ) The continuity of state and I oca 1 650

34

lovernments in periods of emergency resultinq from 651

- 19 -

disasters causcd by enemy attack including but not 651

2

1 imited to the suspension of all constituti~nal 652

3

legislative rules durin1 such emnrlency.

4

(5) The participation by the state with any 654

5

county, municipality, nonprofit organization, or

6

any combination thereof in the operation of any of

7

the facilities operated by such aqencies for the 656

8

purpose of encouraging and promoting tourism in 657

9

this state.

10

(b) The General Assembly shall have the power to 659

11

implement the provisions of Article I, Section III. 660

12

Paragraph 1(2.); Article IV, Section VIII. Par~graph II; 661

13

Article IV, Section VIII, Para1raph III; and Article X,

14

Section II, Paragraph XII of the Constitution of 1975 in 662

15

force and effect on June 30,1983; and all laws heret:"lfore 663

16 adopted thereunder and valid at the time of their enactment 664

17

shall continue in force and effect until modified or

18

repealed.

19

The 666

20 General Assembly shall not abridge its powers under this 667

21

Constitution. No law enacted by the General Assembly shall 668

22

be construed to limit its powers.

j

23

Paragraph IV. 'ki~i~2~lQ~~_Q~_~Qgi21_1~9i~12~lQQ. 670

24

(a) laws of a general nature shall have uniform operation 671

25

throughout th is state and no local or spec i al 1 aw shall be 672

26 enacted in any case for which provision has been made by an 673

27 existing general law, except that the General Assembly may

28

tJy general law authorize local governmlmts by 1 oca 1 675

29

ordinance or resolution to exercise ~olice powers which do 676

30 not conflict with general laws.

31

(b) No population bill, as the General Assembly 678

32

shall define by general la"" shall be passed. No bill using 679

33 classification by population as a means of determining the 680

34

applicability of any bill or law to any pol itical

35

subdivision or group of political subdivisions may expressly 681

- 20 -

1

or impliedly amend. modify. supersede. or rep~al the general 682

2 law defining a population bill.

3

(c) ~o special law relating to the rights or 684

4 status of privata persons shall be enacted.

685

5

Paragraph V.

__ ~Q~'ifi' !i~i!!!iQnl.

(a)

The 687

6

General Assemhly shall not have the power to qr3nt 688

7

incorporation to private persons but shall prJvide by 689

B general law the manner in which private corporate powers and

9 privileges may be granted.

690

10

(b) The General Assembly shall not forgive the 692

11 forfeiture of the charter of any corporation existing on 693

12

August 13. 1945. nor shall it grant any benefit to or permit 694

13

any amendment to the charter of any corporation except unon

14 the condition that the acceptance thereof shall operate as a 695

15 novation of the charter and that such corporation shall 696

16

thereafter hold its charter subject to the provisions of . 697

17

this Constitution.

18

(c) The General Assembly shall not have the power 699

19 to authorize any contract or agreement which may have the 700

20 effect of or which is intended to have the effect of 701

21

defeating or lessening competition. or encouraqing a

22

monopoly. which are hereby declared to be unlawful and void. 702

23

(d) The General Assembly shall not have the power 704

24

to regulate or fix charges of public utilities owned or 705

25 operated by any county or municipal ity of this state. except 706

26 as authorized by this Constitution.

27

Paragraph VI.

r~!~i!i~l.

(a)

Except as 708

28

otherwise provided in this Constitution: (1) th~ ~eneral 709

29

Assembly shall not have the power to grant any donation or 710

30 gratuity or to forgive any debt or obligation owing to the

31

public; and (2) the General Assembly shall not grant or 712

32 authorize extra compensation to any public officer. aqent. 713

33

or contractor after the service has been rendered or the 714

34 contract entered into.

- 21 -

1

(bl All laws heretofore adopted under Article III, 716

2 Section VIII, Paragraph XII of the Constitution of 1976 in 717

3

force and effect on June 30, 1983, shall continue in force 718

4 and effect.

5

SECTION VII.

721

6

IMPEACHMENTS

722

7

Paragraph I.

e2~~r__1Q __ i~Q~2b.

The Hous~ of

725

8

Representatives shall have the sole power to vote 726

9

impeachment charges against any executive or jUdicial 727

10

officer of this state or any member of the General Asse~bly.

11

Paragraph II. Iri2!_Qf_i~Q~2b~~Q!~. The Senate 729

12 shall have the sole power to try imp2achments. When sitting 730

13

for that purpose, the Senators shall be on oath, or 131

14 affirmation, and shall be presided over by the Chief Justice 732

15 of the Supreme Court. Should the Chief Justice be

16 disqualified, then the Presiding Justice shall preside. 733

17

Should the Presiding Justice be disqual ified, then the 734

18 Senate shall select a Justice of the Supreme Court to 735

19 preside. No person shall be convicted without concurrence

20 of two-thirds of the members to which the Senate is 736

21

entitled.

22

Paragraph III. dY~9~2Q!!_in_i~Q!2b~!Ql. In cases 738

23 of impeaChment, judgments shall not extend further than 739

24

removal from office and disqualific~tion to hold and enjoy 740

25 any office of honor, trust, or profit within this state or 741

26

to receive a pension therefrom, but no such judgment sh~ll

27

relieve any party from any criminal or civil liability.

742

28

SECTILlN VIII.

745

29

INSURANCE REGULATION

746

30

Paragraph I. __ ~!9Y12iiQQ_Qf iQ~Y!2Q!'

Provision 749

31

shall be made by law for the regulation of insurance.

750

32

Paragraph II. 1~~Y2Q!__Qf __ li2Q~!!. Insurance 752

33

I icenses shall be issued by the Commissioner of Insurance as 753

34 required by law.

- 22 -

SECTION IX.

756

2

APPROPRIATIONS

757

3

Paragraph I. ~~21i~_mQU2t1_bQ~__ g[~~U. ~o money 760

4

shall be drawn from the treasury except by appropriation 761

5

made by 1 aWe

6

Paragraph II.

~[~122[~!iQ!:!1 1~Q!!!i1~iQ!lL__ ~!l1

763

7

~!l21!!!~Ql~

Qf

9~!:!2[21~_2QI2[QQ[i21iQ!l1__2 i l l .

(a)

The

764

S

Go~ernor shall submit to the General Assembly within five 765

9

days after its convening. in regular session each year a

10 bUdget message and a budget report, accompanied by a draft 766

11

of a general appropriations bill, in such form and manner as 767

12

may be prescribed by statute, which shall provide for the 768

13

appropriation ~f the funds necessary to operate all the

14

various departments and agencies and to meet the current 769

15 expenses of the state for the next fiscal year.

770

16

(b) The General

Assembly

shall

annually 772

17 appr0priate the funds necessary to operate all the various 773

18

de~artments and agencies and meet the current expenses of 774

19

the state for the next fiscal year. The fiscal year of the

20

state shall co~mence on the first day of July of each year 775

21

and terminate on the thirtieth of June following.

776

22

(c) The General Assembly shall by general law 778

23

provide for the regulation and management of the finance and 779

24

fiscal administiation of the state.

25

Paragraph III~ ~2!ls[21_21212[Q2[i211Q!l1__Qlll. The 781

26

general appropriations bill shall embrace nothing except 782

27

appropriations fixed by previous laws; the ordinary expenses 783

28

of the executive, legislative, and judicial departments of 784

29

the government; payment of the pub1 ic debt and interest

30

thereon; and for support of the public institutions and 785

31

educational

interests of the state.

All other 786

32

appropriations shall be made by separate bills,. each

33

embraCing but one SUbject.

787

- 23 -

1

Paragraph IV.

Q2Q~[~1__ ~QQ[2Q[i2iiQQ~ __ ~t. (a)

789

2

Each general appropriations Act. now of force or hereafter 790

3

adopted with such amendments as are adopted fro~ tim~ to 791

4

time. shall continue in force and effect for the next fiscal

5

year after adoption and it shall then expire. except for the 792

6

mandatory appropriations required by this Constitution and 793

7

those reqUired to me~t contractual obligations auth~rized by 794

8

this Constitution and the continued appropriation of federal

9

grants.

10

(b) The General Assembly shall not appropriate 796

11

funds for any given fiscal year which. in aggregate. exceed 797

12

a sum equal to the amount of unappropri~ted surplus expected 798

13

to have accrued in the state treasury at the beginning of 799

14

the fiscal year together with an amount not greater than t~e 800

15 total treasury receipts from existing revenue sources

16 anticipatad to be collect?d in the fiscal year. less 901

17

refunds. as estimated in the budget rsnort and amendments 802

18

thereto. Supplementary appropriations. if any. shall be 803

19

made in tne manne~ provided in Paraqraph VI of this section

20 of the Constitution; but in no event shall a supplementary 804

21

appropriations Act continue in force and effect beyond the 805

22

expiration of the general appropriations Act in effect when 806

23

such supplementary appropriations Act was adopted and

24

approved.

25

(c) All appropriated funds. except for the 808

26

mandatory appropriations required by this Constitution. 809

27

remaining unexpended and not contractually obI igated at the 810

28

expiration of such general appropriations Act shall lapse.

29

(d) All federal funds received by the State of 812

30

Georgia are hereby continually appropriated in the exact 813

31

amounts and for the purposes authorized and directed by the 814

32

federal government in making the grant.

33

(e) The state. state institutions. and de~artments 816

34

and agencies of the state are hereby prohibited fro~ 817

35 entering into any contract with any pub1 ic agency or publ ic 818

- 24 -

corporation or authority pursuant to the provisions of 819

2 Article IX. Section III. Paragraph I(a), which such contract

3

constitutes security for bonds or other ob1 igations issued 820

4

by any such pub1 ic agency or publ ic corporation or 821

5 authority; and the appropriation or expenditure of any funds 822

6

for the payment of ob1iqations under any such contract is

1

likewise prohibited at any time when the aggregate annual 823

8

payments under all such contracts. including the contract or 824

9

contracts proposed to be entered into, exceed 15 percent of 825

10 the total revenue receipts less refunds of the state 826

11

treasury in the fiscal year immediately preceding the making

12 and entering into of any such contract; provided, however. 827

13

this provision shall not affect contracts v~l idly entered 828

14

into prior to the effective date of the amendment to Article 829

15

VII. Section IX. Paragr~ph II of the Constitution of 1945

16

adopted Nove~ber 6. 1962. The execution of ~ny such 830

17

contract is further prohibited until the General Assembly 831

18 has specifically provided funds in an appropriations Act for 832

19 the payment of at least one year's rental under such

20 contract.

21

Paragraph

V.

QiU~[

Q[

1~Q21~~~Ui2[~ 834

22

2QQ[QQ[!2i!QU1' In addition to the appropriations made by 835

23

the general appropriations Act and amendments thereto, the 836

24 General Assembly may make additional appropriations by Acts.

25

which shall be known as supplementary appropriation Acts. 837

26

provided no such supplementary appropriation shall be 838

27

available unless there is an unappropriated surplus in the 839

28

state treasury or the revenue necessary to pay such

29

appropriation shall have been provided by a tax laid for 840

30

such purpose and collected into the general fund of the 841

31

state treasury. Neitner house shall pass a supplementary 842

32 appropriation bill until the general appropriations Act

33

shall have been finally adopted by both houses and approved 843

34

by. the Governor.

- 25 -

1

Paragraph VI.

__ ~~Q[QQ[i2!iQ~~ !Q_g~_fQ[_~Q~ifi

R45

2

~!:!!!!~.

(a)

Except as hereinafter provided.

the R46

3

appropriation for each department. officer. bureau. b~ard. ;'\47

4

commission. dgency. or institution for which 3ppr-,pr i at i on

5

is made shall be for a specific sum of money; and no 'l4A

6

appropriation shall allocate to any object the proceeds of 849

7

any particular tax or fund or a part or percentage thereof. 850

8

(b) An amount egual to all money derived from '\52

9

motor fuel taxes and all interest earned on such money 853

10

received by the state in each of the immediately orecedinq 854

11

fiscal years. less the amount of refunds. rebates, and 855

12

collection costs authorized by law, is hereby appropriated 856

13

for the fiscal year beginning July 1. of each year

14

following, for all activities incident to providinq and 857

15 maintaining an adequate system of public roads and bridges 858

16

in this state. as authorized by laws enacted by the G~ner31 859

17

Assembly of Georgia, and for ~rdnts to counties by law

13

duthorizing road construction and maintenance. as provirled %0

19 by law authorizing such qrants. Said sum is hereby Rb1

20 appropriated for. and shall De available for, the aforesaid

21

purposes regardless of whether the General Assembly ehacts a 862

22

general appropriations Act; and said sum need not be 863

23 specifically stated in any general ,appropriations Act passed 864

24 oy the General Assembly in order to be available for such

25

purposes. However. this shall' not preclude the General '365

26 Assembly from appropriating for such purposes an amount '366

27

greater than the sum specified above for such purposes. The 867

28

expenditure of such funds shall be SUbject to all the rule~.

29

regulations, and restrictions imposed on the expenditure of 868

30

appropriations by provisions of the Constitution and laws of 869

31

this state. unless such provisions are in conflict with the 870

32

provisions of this paragraph. And provided. however. that A71

33

the proceeds of the tax hereby appropriated shall not be

34 subject to bUdgetary reduction. In the pvent of invasion of 872

35

this state by land. sea, or air or in case of a major 873

- 26 -

catastrophe so proclaimed by the Governor. said funds may be 874

2 utilized for def8nse or rel ief purposes on the executive 815

3 order of the Governor.

4

(c) A trust fund for use in the reimbursement of a 811

5 portion of an employer's workers' compensation expenses 878

6

resulting to an employee from the combination of a previous 819

7 disabil ity with subsequent injury incurred in employment may 880

be provided for by law. As authorized by law. revenues 881

9 raised for purposes of the fund may be Daid into and

10 disbursed from the trust without being subject to the 882

11

limitations of subparagraph (a) of this Paragraph or of 883

12 Article VII. Section Ill. Paragraph II.

13

Id) As provided by law. additional penalties may 885

14 De assessed in any case in which any court in this state 886

15

imposes a fine or orders the forfeiture of any bond in the 881

16 nature of the penalty for all offenses against the criminal

11

and traffic laws of this state or of the ~olitical 888

18 subdivisions of this state. The proceeds derived from such 889

19 additional penalty assessments may be allocated for the 890

20

specific purpose of meeting any and all costs. or any 891

21

portion of the cost. of providing training to law

22

enforcement officers and to prosecuting officials.

892

23

Paragraph VII.

__ __ ~QQ[QQLi~!iQQ~ YQig~ ~b~Q.

Any

894

24 appropriation made in conflict with any of the foregoing 895

2S provisions shall be void.

26

SECTION x.

898

27

RETIREMENT SYSTEMS

899

28

Paragraph I.

Qf f~QgQgi!~LQ

Q~21i

[~Qg~

902

29

2~!bQri!~1. Public funds may be expended for the purpose of 903

30

paying b~nefits and other costs of retirement and pension 904

31

systems for public officers and employees and their

32

beneficiaries.

33

Paragraph

II.

__ __ !QL~~~iQg 2~Q~[i!~ ~~!bQri~2Q.

906

34

Publ ic funds may be expended for the purpose of increasinq 907

- 21 -

1

benefits being paid pursuant to any retir~ment or pension 908

2

system wholly or partially supported from public funds.

3

Paragraph III.

~~ti[~~~~t

~~~t~~~

fQ~g[i~~

910

4

_ ~~Q1Q~g~~ _ Q[ __ Q~n!~__ ~Q2[Q~_Q[_~Q~~!iQ~' Notwithstandinq

911

5 Article IX, Section II, Paragraph II(a)(14), the authority 912

6

to establ ish or modify heretofore existing local retirement

7

systems covering employees of county boards of education 913

8

shall continue to be vested in the General Assembly.

914

9

Paragraph IV. Ei[~~~Q~~__ ~Q~iQQ__ l~~t~~. The 916

10

method of funding the Firemen's Pension System as set forth 917

11

in the Act creating said system, approved ~arch 3, 1955 (Ga. 918

12

Laws 1955, p. 339), as amended, is continued until changed

13

by law.

14

Paragrapn V. E~QQiQ9_~!2QQ2[Q~' It shall be the 920

15 duty of the General Assembly to enact legislation to define 921

16 funding standards which will assure the actuarial soundness 922

17 of any retirement or pension system supported wholly or 923

18

partially from pUblic fundS and to control legislative

19

procedures so that no bill or resolution creating or 924

20

amending any such retirement or pension system shall be 925

21

passed by the General Assembly without concurrent provisions

22

for funding in accordance with the defined funding 926

23

standards.

- 28 -

1

ARTICLE IV.

929

2

C~NSTITUTIONAL BOARDS AND COMMISSIO~S

930

3

SECTION I.

931

4

PUBLIC SERVICE COMMISSION

932

5

Paragraph I. e~~li__ l~[~i~ __~QmmiiiiQ~.

(a) 936

6

There shall be a, Public Service Commission for the 937

7 regulation of utilities which shall consist of five members 938

8 who shall be elected by the people. The Commissioners in

9 office on June 30, 1983, shall serve until December 31 after 940

10

the general election at which the successor of eac~ member 941

11

is elected. Thereafter, all succeeding terms of members 942

12

shall be for six years. Members shall serve until their 943

13 successors are elected and qualified. A chairman shall be

14 selected by the members of the commission from its 944

15 membership.

16

(b) The commission shall be vested with such 946

17

jurisdiction, powers, and duties as provided by law.

947

18

(c) The fill ing of vacancies and manner and time 949

19 of election of members of the commission shall be as 950

20 provided by law.

21

SECTION II.

953

22

STATE BOARQ OF PARDONS AND PAROLES

954

23

__ __ Paragra~h I. ll~lg_~Q~rQ_Qf_e~[QQ~~ 2~Q e~rQl~i'

957

24

(a) There shall be a State Board of Pardons and Paroles 958

25 which shall consist of five members appointed by the 959

26 Governor, subject to confirmation by the Senate. The 960

27 members of the board in office on June 30, 1983, shall serve

28 out the remainder of their respective terms, provided that 961

29 the expiration date of the term of any such member shall be 963

30

December 31 of the year in wnich the member's term expires. 964

31 As each term of office expires, the Governor shall appoint a

32 successor as herein provided. All such terms of members 965

33 shall be for seven years. A chairman shall be selected by 966

34 the members of the board from its membership.

- 29 -

1

(b) The board shall be vested with the Dowers of 968

2

executive clemency. including the powers to grant reprieves. 969

3

pardons. and paroles; to commute penalties; t~ remove 970

4

disaoil)ities imposed by law; and to remit any part of a 971

5

sentence for any offense against the state after conviction.

6

When a sentence of death is commuted. the board shall not 972

7

have the authority to grant a pardon to the convicted person 973

8

until such person has served at least 15 years in the 974

9

penitentiary. and such person shall not become eligible for 975

10

parole at any time prior to serving such 15 years. The

11

chairman of the board. or any other member designated by the 976

12

board. may suspend the execution of a sentence of death 977

13

until the full boarJ shall have an opportunity to hear the 978

14

application of the convicted person for any relief within

15

the po~er of the board.

979

16

SECTION III.

982

17

STATE PERSONNEL BOARD

983

18

Paragraph I. ~1~tg__ ~gr~Q~~g!_~Q~rQ. (a) There 986

19

shall be a State Personnel Board which shall consist of five 987

20

members appointed by the Governor. subject to confirmation 988

21

by the Senate. The members of the board in office on June 989

22

3D, 1983. shall serve out the remainder of their respective

23

terms. As each term of office expires. the Governor shall 990

24

appoint a successor as herei~ provided. All such terms of 991

25

members shall be for four years. Members shall serve until 992

26

their successors are appointed and qual ified. A member of 993

27

the State Personnel Board may not be employed in any other

28

capacity in state government. A chairman shall 'be selected 994

29

by the menbers of the board from its membership.

995

30

(b) The board shall provide policy direction for a 997

31

State Merit System of Personnel Administration and may be 998

32

vested with such additional powers and duties as provided by 999

33

law. State personnel shall be selected on the oasis of 1000

34

merit as provided by law.

- 30 -

1

Paragraph II. __ ~~t~r2Q~ Qr~f~r~QS~. Any veteran 1002

2 who has served as a member of the armed forces of the United 1003

3 States during the period of a war or armed conflict in which 1004

4 any oranCrl of the armed forces of the United States engaged. 1005

5 whether under United States command or otherwise. and was 1006

6 honorably discharged therefrom, shall be Jiven such veterans

7 preference in any civil service program established in state 1007

8 government as may be provided by law.

9

SECTION IV.

1010

10

STATE TRANSPORTATION BOARD

1011

11

Paragraph I.

~l~!~

!r~QiQQrl~liQQ Q~rQi

1014

12

QmmiiiiQQ~r. (al There shall be a State Transoortation 1015

13 Board composed of as many members as there are congressional 1016

14 districts in the state. The member of the board from each 1017

15 congressional district shall be elected by a majority vote

16

of the ~embers of the House of Representatives and Senate 1018

17 whose respective districts are embraced or partly embraced 1019

18 within such congressional district meeting in caucus. The 1020

19 members of the board in office on June 30, 1983, shall serve

20 out the remainder of their respective terms. As each term 1021

21 of office expires, a successor shall be elected as herein 1022

22 provided. All such terms of members shall be for five 1023

23 years. Members shall serve until their successors are 1024

24 elected and qualified.

25

(bl The State Transportation Board shall select a 1026

26 commissioner of transportation, who shall be the chief 1027

27 executive officer of the Department of Transportation and 1028

28 who shall have such powers and duties as provided by law.

29

SECTION V.

1031

30

VETERANS SERVICE BOARD

1032

31

Paragraph I. Y~l~r2Q~_~gr~is~_Q~rgi_SQm~i~~iQQ~r. 1035

32

(a) There shall be a State Department of Veterans Service 1036

33 and Veterans Service Joard which shall consist of seven 1037

- 31 -

me~bers app3inted by the Governor. subject to confirmation 1031

2 by the Senate. The members in office on June 30. 19B3. 1038

3

shall serve out the remainder of their respective terms. AS 1039

4 each term of office expires. the Governor shall appoint a 1040

5 successor as herein provided. All such terms of members 1041

6 shall be for four years. Members shall serve until their

1 successors are appointed and qualified.

1042

8

(b) The board shall appoint a commissioner who 1044

9 shall be the executive officer of the department. All 1045

10 members of the board and the commissioner shall be veterdns 1046

11 of some war or armed conflict in which the United States has 1041

12 engaged. The board shall have such control. duties. powers,

13 and jurisdiction of the State Department of Veterans Service 1048

14 as shall be provided by law.

15

SECTION VI.

1051

16

BOARD OF NATURAL RESOURCES

1052

11

Paragraph I. ~Q~[g__Qf __ ~~~~[21 __ ~~~Q~r~~. (a)

1055

18 There shall be a Board of Natural Resources which shall 1056

19 consist of one member from each congressional district in 1051'

20 the state and two members from the state at 1arqe. one of

21

whom must be from one of the fo11owina named counti~s: 1058

22 Chatham. Bryan. Liberty, MCIntosh, Glynn. or Camden. All 1059

23

members shall be appointed by the Governor, s~bject to 1060

24 confirmation by the Senate. The members of the board in

25 office on June 30, 1983. shall serve out the remainder of 1061

26 their respective terms. As each term of office expires. the 1062

21 Governor shall appoint a successor as herein provided. All 1063

28

such terms of members shall be for fo~r years. Members 1064

29 shall serve until their successors are appointed and

30 qualified. Insofar as it is practicable. the members of the 1065

31 board shall be representative of all areas and functions 1066

32 encompassed within the Department of Natural Resources.

33

(b) The board shall have such powers and duties as 1068,

34 provided by law.

- 32 -

SECTION VII.

1071

2

QUALIFICATIONS. COMPENSATION. REMOVAL FROM OFFICE.

1072

3

AND POWERS AND DUTIES OF ME~nERS OF

1073

4

CONSTITUTIONAL BOARDS AND COMMISSIONS

1074

5

Paragraph I.

__ __ Q~21ifi~~iQn~~ QmQ~n~2~iQn~ ~nQ

1077

6

__ [!~Q~21 fLQ~_Qffi!. The qual ifications. compensation. and 1078

7 removal from office of members of all constitutional boards 1079

8 and commissions shall be as provided by law.

9

Paragraph II. ~Q~!L~_2ng_g~~i!~. The powers and 1081

10 duties of members of all constitutional boards and 1082

11 commissions. except the 60ard of Pardons and Paroles. shall 1083

12 be as provided by law.

- 33 -

1

ARTICLE V.

1086

2

EXECUTIVE BRANCH

1087

3

SECTION I.

1088

4

ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

1089

5

Paragraph I.

~Q~~rGQr~

l~r~ Qf

Qffi~i

1093

6

Q!!!~~G~2HQG __ 2G!L211!2!:!2G~~' There 5hall be a Governor who 1094

7 5hall hold office for a term of four year5 and until a 1095

8 5uccessor shall be elected and qualified. The Governor

9 5erving on the effective date of this Constitution and 1096

10 future Governors shall not be eligible to succeed themselves 1097

11 and shall not be eligible to hold the office until after the 1098

12 expiration of four years from the conclusion of the term, 1099

13 except that persons who become Governor pursuant to

14 subparagraph (b) of Paragraph V of this section may succeed 1100

15 themselves for one four-year term and shall be eligible to 1101

16 be elected to the office of Governor at the next regular 1102

17 election for a full four-year term conducted for that office

18 after they have become Governor. The compensation and 1103

19 allowances of the Governor shall be as provided by law.

1104

20

Paragraph II. l~liQ~_fQr_~Q~~r~Qr. An election 1106

21

for Governor shall be held on Tuesday after the first Monday 1107

22

in November of 1986, and the Governor-elett shall be 1108

23

installed in office at the next se5sion of the General

24 Assembly_ An election for Governor shall take place 1109

25 quadrennially thereafter on said date unles5 another date be 1110

26 fixed by the General A5sembly. Said election shall be held 1111

27 at the places of holding general elections in the several 1112

28 counties of this state, in the manner prescribed for the

29 election of members of the General Assembly, and the 1113

30 electors shall be the same.

31

Paragraph III. bi~~1~Q2~1_~Q~~r~Qr. There shall 1115

32 be a Lieutenant Governor, who shall be elected at the same 1116

33 time, for the same term, and in the same manner as the 1117

34 Governor. The Lieutenant Governor 5hall be the President of 1118

- 34 -

1 the Senate and shall have such executive duties as 1118

2

prescribed by the Governor and as may be prescribed by law 1119

3 not inconsistent with the powers of the Governor or other 1120

4

provisions of this Constitution. The compensation and 1121

5 allowances of the Lieutenant Governor shall be as provided

6

by law.

7

Paragraph IV. __ Q~~lifi~!iQQ~ Qf __ ~Q~~~QQr __ ~ng 1123

8

__ bi~~!~U~Ul Q~~~nQr. No person shall be eligible for 1124

9 election to the office of Governor or Lieutenant Governor 1125

10 unless such person shall have been a citizen of the United

11

States 15 years and a legal resident of the state si~ years 1126

12

immediately preceding the election and shall have attained 1127

13 the age of 30 years by the date of assuming office.

14

Paragraph V.

~~~~~iQQ_1Q_~~~~!i~~_QQ~~r. (al

1130

15

In case of the temporary disability of the Governor as

16 determined in the manner provided in Section IV of this 1131

17 article, the Lieutenant Governor shall exercise the powers 1133

13 and duties of the Governor and receive the same compensation

19 as the Governor until such time as the temporary disability 1134

20 of the Governor ends.

21

(bl In case of the death, resignation, or 1136

22

permanent disability of the Governor or the Govern~r-elect, 1137

23

the Lieutenant Governor or the Lieutenant Governor-elect, 1138

24 upon becoming the Lieutenant Governor, shall become the 1139

25 Governor until a successor shall be elected and qualified as

26 hereinafter provided. A successor to serve for the 1140

27 unexpired term shall be elected at the next general 1141

28 election; but, if such death, resignation, or pe.rmanent 1142

29

disability shall o~cur within 30 days of the next general

30 election or if the term will expire within 90 days after the 1143

31 next general election, the Lieutenant Governor shall become 1144

32

~overnor for the unexpired term. No person shall be elected 1145

33 or appointed to the office of Lieutenant Governor for the 1146

34 unexpired term in the event the Lieutenant Governor shall

35 become Governor as herein provided.

1147

- 35-

1

lc) In case of the death, resignation, or 1150

2 permanent disability of Doth the Governor or the 1151

3 Governor-elect and the Lieutenant Governor or the Lieutenant

4

Governor-elect or in case of the death, resignation, or 1152

5 permanent disability of the Sovernor and there shall be no 1153

6 Lieutenant Governor, the Speaker of the House of 1154

7

Representatives shall exercise the powers and duties of the

8 Governor until the election and qualification of a Governor 1155

9 at a special election, which shall be held within 90 days 1156

10

from the date on which the Speaker of the ~ouse of 1157

11 Representatives shall have assumed the powers and duties of 1158

12 the Governor, and the person elected shall serve out the

13 unexpired term.

14

Paragraph VI. Q~tb_Qf_Qffi~. The Governor and 1160

15 Lieutenant Govetnor shall, before enterino on the duties of 1161

16 office, take such oath or affirmation as prescribed by law. 1162

17

SECTION II.

1165

18

DUTIES AND POWERS OF GOVERNOR

1166

19

Paragraph

I.

S~~yti~~

QQ~~r~.

The chief

1169

20 executive powers shall be vested in the Governor. The other 1170

21 executive officers shall have such powers as may be 1171

22

prescribed by this Constitution and by law, not inconslsteht

23 with the powers of the Governor as the chief executive 1172

24 officer of the state.

25

Paragraph II. b2~_~nfQrs~m~n!. The Governor shall 1174

26

take care that the laws are faithfully executed and shall be 1175

27 the conservator of the peace throughout the state.

1176

28

Paragraph III. 'QIDm2n~~r_in_bi!f. The Governor 1178

29 shall be the commander in chief of the military forces of 1179

30 this state.

31

Paragraph IV. Y~!Q__QQ~~[. Except as otherwi~e 1181

32 provided in this Constitution, before any bill or resolution 1182

33 shall become law, the Governor shall have the right to 1183

34 review such bill or resolution intended to have the effect

- 36 -

1 of law which has been passed by the General Assembly. The 1184

2 Governor may veto, approve, or take no action on any such 1185

3

bill or resolution. In the event the Governor vetoes any 1186

4

such bill or resolution, the General Assembly may, Dy a 1181

5 two-thirds' vote, override such veto as provided in Article

6

III of this Constitution.

1188

1

Paragraph v. rl!.il' __ 2f __ !l1~li~m. The Governor 1190

8 shall issue writs of election to fill all vacancies that 'Tlay 1191

9

occur in the Senate and in the House of Repre~entatives.

1192

10

Paragraph VI.

1~f2!.~21i2Q_2QQ_!.~2m~~QQ~li2Q~_lQ 1194

11

lb~_~~n~!.21_~~,~~21l. At the beginning of each regular 1195

12 session and from time to time, the Governor may give the 1196

13 General Assembly information on the state of the state and

14

recommend to its consideration such measures as t~e Governor 1197

15 may deem necessary or expedient.

1198

16

Paragraph VII.

__ 2Q~i21 ~~~.iQQ~_~2f_lb~_~Q~[21

1200

11

~,,~~Qll. (al The Governor may convene the General 1201

18 Assembly in special session by proclamation which may be 1202

19 amended oy the Governor prior to the convening of the

20 special session or amended by the Governor with the approval 1203

21 of three-fifths of the members of each house after the 1204

22 special session has convened; but no laws shall be enacted 1205

23 at any such special session except those which relate to the 1206

24 purposes stated in the proclamation or in any amendment

25 thereto.

26

(bl The Governor shall convene the General 1208

21

Assembly in special session for all purposes whenever 1209

28 tnree-fifths of the members to which each house is entitled 1210

29

~ertify to the Governor in writing, with a cooy to the

30 Secretary of State, that in their opinion an emergency 1211

31 exists in the affairs of the state. The General Assembly 1212

32 may convene itself if, after receiving such certification, 1213

33 the Governor fails to do so within three days, PReluding

34 Sundays.

- 37 -

1

(c) Special sessions of the General Assemn1y Sh311 1215

2 be limited to a period of 40 days unless extended by 1216

3

three-fifths' vote of each house and approved by the 1217

4 Governor or unless at the expiration of such period an

5

impeachment trial of some officer of state q6vernment IS 1218

6

pending. in which event the .House shall adjourn and the 1219

7 Senate shall remain in session until such trial is

8

co~p1eted.

9

Paragraph VIII. EilliQg_~~~~i~~. (a) When any 1221

10 pUblic office shall become vacant by death. resignation. or 1222

11

otherwise. the Governor shall promptly fill such vacancy 1223

12 unless otherwise provided by this Constitution or by law; 1224

13

and persons so appointed shall serve for the unexoired term 1225

14 unless otherwise provided by this Constitution or by law.

15

(bl In case of the death or withdrawal .of a person 1227

16 who received a majority of votes cast in an election for the 1228

17 office of Secretary of State. Attorney General. State School 1229

10 Superintendent, Commissioner of Insurance. Commissioner of 1230

19 AgriCUlture, or Commissioner of Labor, the Governor elected

20

at the sa~e election, upon becoming Governor, shall have the 1231

21

power to fill such office by appointing. SUbject to the 1232

22

confirmation of the Senate, an individual to serve until the 1233

23

next general election and until a successor for the balance

24 of the unexpired term shall have been elected and qualified. 1234

25

Paragraph IX.

__ Ql __ ~~~2intm~nt~

2~~[n2r.

The 1236

26 Governor shall make such appointments as are authorized by 1237

27

this Constitution or by law. If a person whose confirmation 1238

28

is required by the Senate is once rejected by the Senate. 1239

2R

that person shall not be renominated by the Governor for

30 appointment to the same office until the expiration of a 1240

31

period of one year from the date of such rejection.

1241

32

Paragraph X.

!nfQrm~liQn

frQ~

Qffi~r~

~nQ

1243

33

gm~lQl~~~. The Governor may require information in writing 1244

34 from constitutional officers and all other officers and 1245

35

employees of the executive branch on any SUbject relating to 1246

36 the duties of their respective offices or employment.

- 38 -

1

SECTION Ill.

1249

2

OTHER ELECTED EXECUTIVE OFFICERS

1250

3

Paragraph I.

Qt~~r

__ __ ~~g~ti~g Qffigr~~ ~Q~

1253

4

glg!~Q. The Secretary of State. Attorney General. State 1254

5

School

Superintendent.

Commissioner

of Insurance. 1255

6 Commissioner of Agriculture. Commissioner of Labor. and the

1

District Attorneys shall be elected in the manner prescribed 1256

8

for the election of members of the General Assembly and t~e 1251

9

electors shall be the same. Except for District Attorneys. 1258

10

such executive officers shall be elected at the same time 1259

11

and hold their offices for the same term as the Governor.

12

Paragraph II. Q~~lifi~2!iQQ~. (a) ~~ person 1261

13

shall be eligible to the office of the Secretary of State. 1262

14

Attorney General. State Scho~l Superintendent. Commissioner 1263

15 of Insurance, Commissioner of Agriculture. Commissioner of

16 Labor. or District Attorney unless such person shall have 1264

11 been a citizen of the United States for ten years and a 1265

18

legal resident of the state for four years immediately 1266

19

preceding election or app~intment and shall have attained 1261

20 the age of 25 years by the date of assuming office. All of

21

said officers shall take such oath and give bond and 1268

22

security. as prescribed by law. for the faithful discharge 1269

23 of their duties.

24

(b) No person shall be Attorney General unless 1211

25

such person shall have been an active-status member of the 1212

26 State Bar of Georgia for seven years.

21

(c) No person shall be a District Attorney unless 1214

28 such person shall have been an active-status member of the 1215

29 State Bar of Georgia for three years immediately preceding . 1216

30 such person's election.

31

Paragraph Ill. __ __ 2QQ ~Q~~r2~_Q~!ig~~ Q~Q~Q22tiQQ~ 1218

32

~11Q~2Q~g~_Qf_Q!~~r_~~g~~!i~~_Qffi~~r~.

Except as otherwise 1219

33

provided in this Constitution, the General Assembly shall 1280

34

prescribe the po~ers. duties, compensation. and allowances 1281

- 39 -

1 of the above executive officer5 and provide a55i5tance and 1281

2 expen5e5 nece5sary for the operation of the department of 1282

3

each. The Jistrict Attorneys shall be entitled to receive 1283

4

such local supplements to their compen5ation and allowance5 1284

5

as may be provided by law.

6

Paragraph IV. __ ~~~2rn~Y ~n~r~li __ 9~~i~~.

The 1286

7

Attorney General shall act a5 the legal advi50r of the 1287

8

executive department, 5hall represent the state in the 1288

9

Supreme Court in all capital felonie5 and in all civil and

10

criminal cases in any court when required by the ~overnor. 1289

11

and shall perform 5uch other duties as shall be required by 1290

12

law.

13

Paragraph V.

Qi~t[ii_~i!2rn~Y~i_n~mQ~rL_Q~ti~~i 1292

14

i~m~nilY' (a) There shall be a District Attorney for each 1293

15

judicial circuit, who shall be elected circuit-wide for a 1294

16 term of four years. The succeS50r5 of present and 1295

17

SUbsequent incumbents shall be elected by the electors of

18

their respective circuit5 at the general election held 1296

19

immediately preceding the expiration of their respective 1297

20

terms. District attorneys shall serve until their

21

successor5 are duly elected and qualified.

1298

22

(bl It 5hall be the duty of the District Attorney 1300

23

to represent the state in all criminal cases in the superior 1301

24

court of such Oi5trict Attorney's circuit and in all cases 1302

25

appealed from the superior court and the juvenile courts of 1303

26

that circuit to the Supreme Court and Court of Appeals and

27

to perform SUCh other duties as shall be required by law.

1304

28

(clThe District Attorneys shall enjoy such 1306

29

immunity from private suit as is necessary for the 1307

30

performance of their duties.

31

SECTION IV.

1310

32

JISABILITY OF EXECUTIVE OFFICERS

1311

33

Paragraph I.

__ __ ~~lg1~Q Qn~!i!~!iQn21 ~~~~!i~~

1314

34

Qffi~r1~_bQ~_g~fingg. As used in this section, the term 1315

- 40 -

1 "elected constitutional executive officer" means the 1316

2 Governor, the Lieutenant Governor, the Secretary of State,

3

the Attorney General, the State School Superintendent, the 1317

4

Commissioner of Insurance, the Commissioner of Agriculture. 1318

5

and the Commissioner of Labor.

6

Paragraph

II.

E[2~~g~[~

fQ[

1~t~[~iQiQg

1320

7

Qi~~Qilit~. Upon a p~tition of any four of the elected 1321

3 constitutional executive officers to the Supreme Court of 1322

9

Georgia that another elected constitutional executive

10 officer is unable to perforffi the duties of office because of 1323

11

d physicdl or mental disabil ity, the SClprem(~ Court shall by 1324

12 appropriate rule provide for a speedy and public hearing on 1325

13

such matter, including notice of the nature and cause of the

14 accusation, process for obtaining witnesses, and the 1326

15 assistance of counsel. Evidence at such hearing shall 1327

16

include testimony from not fewer than three qualified 1328

17

physicians in private practice, one of whom must be a

19

psychiatrist.

19

Paragraph III.

2 f sif~~t

__ Qf Qgtg[~i~~ti2Q

1330

20

Qi~2Qilit~. If, after hearing the evidence on disability, 1331

21

the Supreme Court determines that there is a disability and 1332

22

that such disability is permanent, the office shall be 1333

23

declared vacant and the successor to that office shall be

24 chosen as provided in this Constitution or the laws enacted 1334

25

in pursuance thereof. If it is determined that the 1335

26

disability is not permanent, the Supreme Court shall 1336

27

determine when the disability has ended and when the officer

28

shall resume the exercise of the powers of office. Ouring 1337

29

the period of temporary disability, the powers of such 1338

30 office shall be exercised as provided by law.

- 41 -

1

ARTICLE VI.

1341

2

JUDICIAL BRA"lCH

1342

3

SECTION I.

1343

4

JUDICIAL POwER

1344

5

Paragraph I.

__ __ ~~Qii~! ~Q~2[ Qf_!b2_~!~!2. The

1348

6

judicial power of the state shall be vested exclusively in 1349

7

the following classes of courts: magistrate courts. probate 1350

8. courts. juvenile courts, state courts, superior courts. 1351

9

Court of Appeals. and Supreme Court. Magistrate courts.

10 probate courts. juvenile courts. and state courts shall be 13<;2

11

courts of limited jurisdiction. The General Assembly, 1353

12 however. :nay establ ish or authorize the establ ishment of 1354

13 municipal courts for the exercise of judicial power over

14 ordinance violations and it may authorize administrative 1355

15

agencies to exercise quasi-judicial powers. which courts ~nd 1356

16 agencies shall not be subject to the provisions of this 1357

17

article.

18

Paragraph II.

~Qifi~Q__ l~Qii~l __ ~l~!~~.

411

1360

19 courts of the state shall comprise a unified judicial 1361

20

system.

21

Paragraph III. __ ~~Qg~~i_~~~[i~~~Qf ~Q~2[ __ Q~t~iQ2

1363

22

Q~Q __ Q~[ti __ iQQ2 __ Qf __ !~[~_:1~~gg~: Providerl the judge is 1364

23 otherwisp qualified. a jUdge may exercise judicial Dower in 1365

24 any court upon the request and with the consent of the 1366

25 judges of that court and of the judge's own court under

26 rules prescribed by law. The term "judge." as used in this 1367

27 article. shall include Justices. judges. senior judges. 1368

28

magistrates. and every other such judicial office of 1369

29 whatever name existing or created.

30

Paragraph IV. __ __ E~~ri~~Qf l~Qii~l QQ~~[.

Each 1371

31 court may exercise such powers as necessary in aid of its 1372

32

jurisdiction or to protect or effectuate its judgments; but 1373

33 only the superior and appellate courts shall have the power 1374

34

to issue process in the nature of mandamus. prohibition. 1375

- 42 -

1

specific performance. quo warranto, and injunction. Each 1375

2

superior court. state court, and other courts of record may 1376

3

grant new trials on legal grounds.

4

Paragraph V. ~QifQLmilY_2f_j~Li~Qi!iQQ~_~Q~~t~~ 1378

5

__ __ ~1~i Q~2L12QQiQ9 1~Li~2ili2Q.

Except as provided in 1379

6

Section III, Paragraph I of this article, the courts of each 1380

7

class shall have uniform jurisdiction. powers. rules of 1381

8

practice and procedure, and selection, qualifications. 1382

9

terms. and discipline of judges. There shall be no 1383

10

overlapping Jurisdiction, except as to probate courts. state

II

courts. and superior courts. The provisions of this 1385

12

Paragraph shall be effected by law within 24 months of the 1386

13

effective date of this article.

14

Paragraph VI. __ ~YQii21_ir~il~i Q~r12 __ iQ __ ~~U 1388

15

__ __ Q~Q!Yi Q~Ll ~~~~iQQ~.

The state shall be divided into 1389

16

jUdicial circuits. each of which shall consist of not less 1390

11

than one county. Each county shall have at least one 1391

18

superior court, magistrate court. a probate court. and, 1392

19

where neaded. a state court and a juvenile court. -In the

20

absence of a state court or a juvenile court. the superior 1393

21

court shall exercise that jurisdiction. Superior courts 1394

22

shall hold court at least twice each year in each county.

1395

23

Paragraph VII. ~~2ii2l__ iL~il~~ __Q~t!2~ __ 2Q2 1397

24

__ 1~29~~Ui221 12~_U2Q3~9. The Genaral Assembly may abol ish,

1398

25

create. consolidate, or modify judicial circuits and courts 1399

26

and judgeships; but no circuit shall consist of less than 1400

27

one county.

28

Paragraph VII I.

__ It2Q~fgL 2f __ 2~g~.

Any court

1402

29

shall transfer to the appropriate court in the state any 1403

30

civil case in which it determines that jurisdiction or venue 1404

31

lies elsewhere.

32

Paragraph IX. __ __ ~~1~~_2f_gYig~Q~i 12~ 2r~~riQ~g.

1406

33

All rules of evidence shall be as prescribed by law.

1407

34

SECTION 11..

1410

- 43 -

VENUE

1411

2

Paragraph I. Qi~Q[~_~2~~~' Oivorce cases shall 1414

3

be brought in the county where the defendant resides, if 3 1415

4 resident of this state; if the defendant is not a resident 1416

5 of this state, then in the county in which the plaintiff 1417

6

resides, provided that any person who has been a resident of

7

any United States army post or military reservati~n wit,in 1418

8 the State of Georgia for one year next oreceding the filing 1419

9 of the petition may bring an action for divorce in any 1420

10 county adjacent to said United States army post or mil itary

11

res~rvation.

1421

12

Paragraph II. __ h~Qg ti!l~~' Cases respecting 1423

13 titles to land shall be tried in the county where the land 1424

14 lies, except where a single tract is divided by a county 1425

15 line, in which case the superior court of either county 1426

16 shall have jurisdiction.

17

Paragraph III. gg~i!Y_2~~~' Equity cases shall 142A

18 oe tried in the county where a defendant resides aqainst 1429

19 whom substantial relief is prayed.

20

Paragraph IV.

~~i!~__ 2g2iQ~! __ jQiQ! __ QQligQ[~~

1431

21

__ Q~2[!U~[~~ ~!~ Suits against joint obl igors, joint 1432

22

tort-feasors, joint promisors. copartners, or joint 1433

23 trespassers residing in different counties may be tried in

24 either county.

25

Paragraph V.

~~it~_2ggiQ~!_~2~~[~_~QgQ[~~[~_gt~

1435

26 Suits against the maker and endorser of promissory notes, or 1436

27 drawer. acceptor, and endorser of foreign or inland bills of 1437

28 exchange. or like instruments. residing in different 1438

29 counties, shall be brought in the county where the maker or

30 acceptor resides.

31

Paragraph VI. ~11_Q!n~r_2~~~' All other civil 1440

32 cases. except juvenile court cases as may otherwise be 1441

33 provided by the Juvenile Court Code of Georgia, shall be 1442

34 tried in the county where the defendant resides; venue as to

- 44 -

1

corporations, foreign and domestic, shall be as pr~vided by 1443

2 law; and all criminal cases shall be tried in the county 1444

3 where the crime was committed, except cases in the superior 1445

4 courts where the judge is satisfied that an impartial jury

5 cannot be obtained in such county.

1446

6

Paragraph VII. Qlbg[_Lg~QQQ~iQlg_Q2Llt_Q~f~nQ2Q!. 1448

7 The General Assenbly may provide by law for the bringing 1449

8

into court by named defendants of responsible parties other 1450

9

than those named in a case as defendants without regard to

10 the residence of such responsible parties.

1451

11

Paragraph VIII. EQ~gL_!Q_b2Q9~_~~~~~. The power 1453

12 to change the venue in civil and criminal cases shall be 1454

13

vested in the superior cou~ts to be exercised in such manner 1455

14 as has been. or shall be, provided by 1aWe

15

SECTION III.

1458

16

CLASSeS OF COURTS OF LIMITED JURISJICTION

1459

17

Paragraph I. d~[i~Qi!iQn_Qf_12~~~~_Qf_Q~L!~_Qf 1462

18

limi!~g_l~Li~gi!iQ~. The magistrate. juvenile, and state 1463

19 courts shall have such uniform jurisdiction as provided by 1464

20 law. Probate courts shall have such jurisdiction as now or 1465

21 hereafter provided by law, without regard to uniformity.

22

SECTION IV.

1468

23

SUPE~ IDR COURTS

1469

24

Paragrap~ I. d~Li!Qi!iQ~_Qf_~~Q!LiQL_Q~r!~. The

1472

25

superior courts shall have jurisdiction in all cases. except 1473

26 as otherwise provided in this Constitution. They shall have 1474

27 exclusive jurisdiction over trials in felony cases. exceDt 1475

28

in the case of juvenile offenders as provided by law; in

29 cases respecting title to land; in divorce cases; and in 1476

30 equity cases. The superior courts shall have such appellate 1477

31

Jurisdiction, either alone or by circuit or district, ~s may 147B

32 be provided by law.

- 45 -

1

SECTION V.

1481

2

COURT JF APPEALS

1482

3

Pardgr~ph I.

__ ~Q~QQ~i!iQn Qf __ ~Q~[! __ Qf_~QQ~~lii

1485

4

~~i~f_~~Q9~. The Court of Appeals shall consist of not less 1486

5 than nine judges who shall elect from among themselves a 1487

6

Chief Judge.

7

Paragraph II. 2n~!~_~i_Q[~i~[iQ~Q. The Court of 1489

8

Appeals may sit in panels of not less than three J~dges as 1490

9

prescribed by law or, if none, by its rules.

10

Paragraph III.

~~[iiQi!iQn_Qf_~Q~[!_Qf_~QQ~21ii 1492

11

Q~iiiQni_Qi~gi~9 The Court of Appeals shall be a court of 1493

12 review and shall exercise appellate and certiorari 1494

13 jurisdiction in all cases not reserved to the Supreme Court

14 or conferred on other courts by law. The decisions of the 1495

15 Court of Appeals insofar as not in confl ict with those of 1496

16

the Supre~e Court shall bind all courts except the Supreme 1497

17 Court as precedents.

18

Paragraph IV. ~~[iifi2iiQn_Qf_g~~~iiQQ_!Q_~~QI~T~ 1499

19

~Q~Ii. The Court of Appeals may certify a question to the 1500

20 Supreme Court for instruction, to which it shall then be 1501

21

bound.

22

Paragraph V. Sg~2!__Qi~i~iQ~ __ Qf__ Q~I!. In the 1503

23 event of an equal division of the Judges when sitting as a 1504

24

bOdy~ the case shall be immediately transmitted to the 1505

25 Supreme Court.

26

SECTION VI.

1508

27

SUPREME COURT

1509

28

Paragraph I . __ __ ~Q~QQ~i!iQn_Qf_~~Qr~~~ ~Q~[ii ~bi~f

1512

29

4~i!i~i __ eI~~iging_4~iii~1_9~Q[~ffil_i~Qi!i!~i~_j~Q9~i.

The 1513

30 Supreme Court shall consist of not more than nine Justices 1514

31 who shall elect from among themselves a Chief Justice as the 1515

32 chief presiding and administrative officer of the court and

33 a Presiding Justice to serve if the Chief Justice is absent 1517

- 46 -

or is disqual ified. A majority shall be necessary to hear 1518

2 and determine cases. If a Justice is disqualified in any 1519

3 case. a substitute jUdge may be designated by the remaining

4 Justices to serve.

5

Paragraph II. ~1~2i~g_2QQ~112!~_1~ri~Qi!iQ_~_ Qf 1521

6

~~Q[g~~_~Q~r~. The Supreme Court shall be a court of review 1522

7 and shall exercise exclusive appellate jurisdiction in the 1523

8 following cases:

9

(1) All cases involving the construction of a 1525

10 treaty or of the Constitution of the State of Georgia or of 1526

11 the United States and all cases in which the 1527

12 constitutionality of a law. ordinance. or constitutional

13 proVision has been drawn in question; and

1528

14

(2) All cases of election contest.

1530

15

Paragraph III. ~n~[2!_gQQ~11gt~__ j~ri2QitiQ~ __ Qf 1532

16

Unless otherwise provided by law. the 1533

17 Supreme Court shall have appellate jurisdiction of the 1534

IB following classes of cases:

19

( 1 ) Cases involving title to 1and;

1536

20

( 2) All equity cases;

21

(3' All cases involving wills;

22

( 4 ) All habeas corpus cases;

1538 1540 1542

23

( 5 ) All cases involving extraordinary remedies;

1544

24

(6 ) All divorce and alimony cases;

1546

25

( 7 ) All cases certified to it by the Court of 1548

26 Appeals; and

27

( 8) All cases in which a sentence of death was 1550

23

imposed or could be imposed.

29 Review of all cases shall be as provided by law.

1552

30

Paragraph IV.

1554

31

f[Q~_~t2t~_Q[_fgQgr21_2QQ~112t~_Q~rt2' The Supre~e Court

1555

32 shall have jurisdiction to answer any question of law from 1556

33 any state or federal appellate court.

34

Paragraph V. __ B~~i!~_Qf_glg2_in_~Q~[t_Qf ~QQ~21!.

1558

35 The Supreme Court nay review by certiorari cases in the 1559

- 47 -

1

Court of Appeals ~hich are of lravity or great rubl ic 1560

2

importance.

3

Paragraph VI. Q~fiiiQDi_Qf_~~Q~g~~_~Q~[1_~iDQi~9. 1562

4

The decisions of the Supreme Court shall bind all other 1563

5 courts as precedents.

6

Paragraph VII. bQ~i!!iQD_1Q_i!!1~_![_Qf_!Q[gi~i 1565

7

2ii~iQliQ~_Qf_211QLD~li. The Supreme Court shall by rule 1566

8

govern admission to the State Bar ot Georgia unless 1567

9

other~ise provided by law. The discipline of attorneys

10

shall be governed by rule of the Supreme Court.

1568

11

SECTION VII.

1571

12

SELECTION. TERM. CO~PENSATION. AND DISCIPLINE OF JUDGES

1572

13

Paragraph I. ~l~fliQDi__ l~[~ __ Qf __ Qffi!. All 1575

14 superior court and state court judges shall be elected on a 1576

15 nonpartisan oasis for a term of four years. All Justices of 1577

16 the Supreme Court and the judges of the Court of Appeals 1578

17

shall be elected on a nonpartisan basis for a term of six

18

years. The terms of all judges thus elected shall jeqin the 1579

19

next January 1 after their election. All other judges shall 1580

20

continue to be selected in the manner. and for the term they 1581

21

were selected on June 30. 1983. until otherwise provided by 1582

22

law. except that all elections for judges shall be on a

23

nonpartisan basis.

24

Paragraph II. 9~21ifif!!iQD!. (a) Appellate and 1584

25

superior court judges shall have been admitted to practice 1585

26

law for seven years.

27

(P) State and juvenile court judges shall have 1587

28

been admitted to practice laft for five years.

1588

29

(c) Probate and magistrate jUdges shall have such 1590

30 qualifications as prOVided by law.

31

(d) Ail jUdges shall reside in the geographical 1592

32

area in which they are selected to serve.

1593

33

(e) The General Assembly may provide by law for 1595

34 additional qual ifications. including. but not limited to. 1596

35 minimum residency requirements.

- 48 -

1

Paragraph III. Y22ni~~. Vacancies shall be 1598

2 filled by appointment of the Governor.

1599

3

Paragraph IV. e~[lQQ_Qf_~g[Ylg_2f_2QQ2intgg~. An

1601

4 appointee to an elective office shall serve until a 1602

5 successor is duly selected and qual ified and until January

1603

6

of the year following the next general election which is 1604

7 more than six months after such person's appointment.

8

Paragraph V. ~QmQ~n~2tiQn __2ng Qf 2!!Q~2Q~~ 1606

9

l~Qg~~.

All judges shall receive compensation and 1607

10 allowances as provided by IaN which shall not be decreased 1608

11 during the incumbent's term of office.

12

Paragraph VI. d~Qii2!_Q~2!ifi2tiQn~_~Qmmi~~iQni 1610

13

QQ~~[i_QmQQ~itiQn. The power to discipline. remove, ~nd 1611

14 cause involuntary retirement of judges shall be vested in 1612

15 the Judicial Qualifications Commission. It shall consist of 1613

16 seven members. as follows:

17

(1) Two judges of any court of record. selected by 1615

18

the Supreme Court;

19

(2) Three members of the State Bar of Georgia who 1611

20 shall have been active status members of the state bar for 1618

21 at least ten years and who shall be elected by the board of 1619

22 governors of the state bar; and

23

(3) Two citizens. neither of whom shall be a 1621

24 member of the state bar. who shall be appointed by the 1622

25 Governor.

26

Paragraph VII.

Ql~iQ!in~~

[gmQY21~ 2nQ 1624

27

inYQ!~n!2[~_[~ti[~m~nt_Qf_i~Qg~~.

Any judge may be removed,

1625

28

suspended. or otherwise discipl ined for willful misconduct 1626

29 in office. or for willful and persistent failure to perform

30 the duties of office. or for habitual intemperance. or for 1621

31 conviction of a crime involving moral turpitude. Any judge 1628

32 may be retired for disability which constitutes a serious 1629

)3

anj likely permanent interference with the performance of 1630

34 the duties of office. The Supreme Court shall adopt rules

35 of implementation.

- 49 -

Paragraph VIII. Q~g__ QrQ~~~i__ r~Yi~~_QY_~~Qr2~~

1632

2

~Q~rl' No action shall be taken against a judgp exce~t 1633

3

after hearing and in accordance with due process of law. NO 1634

4 removal or involuntary retirement shall occur except upon 1:635

5 order of the Supreme Court after review.

6

SECTION VIII.

1638

7

GENERAL PROVISIONS

1639

8

Paragraph I.

~Q~ini~lr21iQn__ Qf !~~

j~Qii21

1642

9

~Y~1~~i_~nifQr~_Q~r!_r~1~~i_22~i~_~nQ_Qn~~n!_Qf_Q~nil~

1643

10

(For further study)

The judicial system shall be 1644

11 administered as provided in this Paragraph. Not more than 1645

12 24 months after fhe effective date hereof, dnd from time to

13

time tnereafter by amendment, the Suprem~ Court shall, with 1646

14 the advice dnd consent of the council of the affected class 1647

15 or classes of trial courts, by order adopt and publish 1648

16 uniform court rules, record keeping, and schedules of costs 1649

17 which shall provide for the speedy, efficient, and

18

inexpensive resolution of disputes and prosecutions. Each 1650

19 counci I shall be compr i sed of all of the judges of the 1651

20 courts of that class. The General Assembly may by 1652

21 resolution approved by majority vote in both House and 1653

22 Senate vacate dny rule.

23

Paragraph II. Qi~Q2~itiQn_Qf_2i~i. The Supreme 1655

24 Court and the Court of Appeals shall dispose of every case 1656

25 at the term for which it is entered on the court"s docket 16'57

26 for hearing or at the next term.

Z7

Paragraph III. ~QQrQQri2!iQn~_fQr_j~gii21_~Yi!~~i 1659

28

Q~r!_~Y~!~~_r~~~nY~. The General Assembly shall annually 1660

29 appropriate funds for operation of the system for the next 1661

30 fiscal year and for facilities. Revenues derived from 1662

31

operation of the court system shall be apportioned between

32 the state and the local governments as provided by law.

1663

33

SECTION IX.

1666

- 50 -

1

TRANSITION

1667

2

Paragraph I. __ ff~1 Qf__L21ifi211QQ. On the 1670

3 effective date of this article:

4

(1) Superior courts shall continue as superior 1672

5

courts.

6

(2) State courts shall continue as state courts. 1674

1

(3) (For further study) The Civil courts of 1676

8

Richmond and Bibb counties and the Municipal Courts of 1671

9

Savannah and Columbus shall become and be classified as 1618

10 state courts.

11

(4) Probate courts shall continue as probate 1680

12 courts.

13

(5) Juvenile courts shall continue as juvenile 1682

14 court,s.

15

(6) Municipal courts not otherwise named herein, 1684

16 of whatever na~e, shall continue as and be denominated 1685

11

municipal. courts, except that the City Court of Atlanta 1686

18 shall retain its name. Such courts, and administrative

19 agencies having quasi-judicial powers, shall continue with 1687

20 the same jurisdiction as such courts and agencies have on 1688

21

the effective date of this article, until otherwise provided 1689

22

by 1 aw.

23

(7) Justice of the peace courts, small claims 1691

24 courts, and magistrate courts operating on the effective 1692

25 date of this article, the Recorder's Court of DeKa1b County, 1693

26 the County Court of Echols County, and the County :ourt of 1694

21 Putnam County shall become and be classed as magistrate

28 courts.

29

Paragraph II. ~Qnlin~21iQn_Qf_l~Qg~~. Each judge 1696

30 holding office on the effective date of this article shall 1697

31

continue in office until the expiration of the term of 1698

32 office, as a judge of the court having the same or similar 1699

33

jurisdiction, except that superior court jUdges then

34 incumbent of eight-year terms shall be e1 ilJible for election 1700

- 51 -

1 to eight-year terms. Each court not named herein shall 1101

2 cease to exist on such date or at the expiration of the term 1702

3 of the incumbent judge. whichever is later; and its 1703

4

jurisdiction shall automatically pass to the new court of

5

the same or similar Jurisdiction. in the absence of which 1104

6 court it shall pass to the superior court.

- 52 -

1

ARTICLE VII.

1707

2

TAXATION AND FINANCE

1708

3

SECTION I.

1709

4

POWER OF TAXATION

1710

5

Paragraph I.

__ !~~~tiQ~i limit~!iQQ~_QQ_g~~Qt~_Qf

1713

6

!~!_QQ~~~~. The state may not suspend or irrevocably give. 1714

7 grant. limit. or restrain the right of taxation and all 1715

8

laws. grants. contracts. and other acts to effect any of 1716

9

these purposes are null and void. Except as otherwise

10 provided in this Constitution, the right of taxation shall 1711

11 always be under the complete control of the state.

1718

12

Paragraph II. __ __ !~~ing QQ~~r limit~~.

(a) The 1120

13 annual levy of state ad valorem taxes on tangible property 1721

14

for all purposes, except for defending the state in an 1122

15 emergency. shall not exceed one-fourth mill on each dollar

16 of the assessed value of the property.

1123

17

(b) So long as the method of taxation in effect on 1125

18 December 31, 1980. for the taxation of shares of stock of 1126

19

banking corporations and other monied cdpit~l coming into 1121

20 competition with such banking corporations continues in 1128

21 effect, such shares and other monied capital may be taxed at

22 an annual rate not exceeding five mills on each dollar of 1129

23 the assessed value of the property.

24

Paragraph III.

__ __ Qf ~nifQrmit~i l~~~ifi~!iQQ

1131

25

QrQQ~r!l. (a) All taxes shall be levied and collected 1133

26 under general laws and for public purposes only. All

27 taxation shall be uniform upon the same class of sUbjects 1134

28

within the territorial limits of the authority levying the 1135

29 tax.

30

(b) (1) Except as otherwise provided in this 1131

31

sUbparagraoh (b). classes of subjects for taxation 1138

32

of p~operty shall consist of tangible property and

33

one or more classes of intangible personal pro~~rty 1739

34

inclUding money.

- 53 -

1

(2) Subject to the conditions and limitations 1741

2

specified by law. each of the following types of 1742

3

property may be classified as 3 separate class of 1743

4

property for ad valJrem property tax purposes:

5

(A) Motor vehicles. including trail~rs. 1745

6

(a) ~obile ho~es other than those motile 1747

7

homes w~ich qualify the owner of the ho~e for 1748

a

a homestead exemption from ~d valorem

9

taxat i on.

10

(3) Different rates. methods. and assessm~nt 1750

11

~dtes for different classes of property may be 1751

12

provided by law.

13

lc) The General Assembly may provide for a 1753

14 different method and time of returns. assessments. payment. 1754

15 and collection of ad valorem taxes of public utilities. but 1755

16 not on a greater assessed percentage of value or at a higher 1756

17

rate of taxation than other properties.

18

(d) (For further study) Notwithstanding anything 1758

19

to the contrary contained in this Parag~aph. the General 1759

20

Assembly may by law establish orie or more classes of 1760

21

tanqible property for ad valorem tax purposes and may

22

authorize different rates and methods of assessment for the 1761

23

taxation of each class of such property.

1762

24

SEC TI ON I I.

1765

25

EXEMPTIONS FROM AD VALOREM TAXATION

1766

26

Paragraph I.

1769

21

Except as authorized in or pursuant to this Constitution. 1770

28

all laws exempting property from ad valorem taxation are 1771

29

void.

30

, Paragraph II. ~~2~Q~iQb~_t[Q~_1~~21iQn_Qt_Q[QQ2[tY. 1773

31

(a) (1) Except as otherwise provided in this Constitution. 1776

32

no property shall be exempted from ad valorem

33

taxation unless the exemption is approved by 1717

34

two-thirds of the members elected to each branch of 1718

- 54 -

1

the General Assembly in a roll-call vote and by a 1778

2

majority of the qual ified electors of the state 1779

3

voting in a referendum thereon.

4

(2) Homestead exemptions from ad valorem 1781

5

taxation levied by local taxing jurisdictions may 1782

6

be granted by local law conditioned upon approval

7

by a majority of the qual ified electors residing 1783

8

within the limits of the local taxing jurisdiction 1784

9

voting in a referendum thereon.

10

(3) laws SUbject to the requirement of a 1786

11

ref~rendum as provided in SUbparagraph (al(2) may 1787

12

originate in either the Senate or th~ House of

13

Representatives and shall not be subject to the 1788

14

Governor's veto.

15

(4) The requirements of this subparagraph (a) 1790

16

shall not apply with respect to a law which 1791

17

codifies or recodifies an exemption previously

18

authorized in the Constitution of 1976 or an

19

exemption authorized pursuant to this Constitution.

20

(bl Th~ grant of any exemption from ad valorem 1794

21

taxation shall be subject to the conditions, limitations, 1795

22

and administrative procedures specified by law.

23

Parugraph III. E~~~QliQQ~_~bib_~2Y_Qg_2~lbQ[i~gQ 1797

24

lQ!llY. (a) (1) The governing authority of any county or 1800

25

municipality, SUbject to the approval of a majority

26

of the qual ified electors of such political 1801

27

subdivision voting in a referendum thereon, may 1802

28

exempt from ad valorem taxation, including all such

29

taxation levied for educational purposes and for 1803

30

state purposes, inventories of goods in the process 1804

31

of manufacture or production, and inventories of

32

finished goods.

33

(2) Exemptions granted pursuant to this 1806

34

sUbparagra~h

(al

may only be revoked by a

1807

35

referendum election called and conducted as

- 55 -

1

provided by law. The ca 11 for such referendum 1808

2

shall not be issued within five years fro~ the date 1809

3

such exemptions were first granted and, if the

4

results of the election are in favor of the liHO

5

revocation of such exemptions, then such revocation 11111

6

shall be effective only at the end of a five-year

7

period from the date of such referendum.

1812

8

(3) The implementation, administration, and 1814

9

revocdtion of the exemptions authorized in t~i5 UJl ')

10

subparagraph (a) shall be provided for by law.

11

Until otherwise provided by law, the grant of the 1816

12

exemption shall be subject to the same conditions, 1811

13

1 imitations, definitions, and procedures provirled

14

for the grant of such exenption in the Constitution UIl8

15

of 1916 on June 30, 1983.

16

(b) That portion of Articte VII, Section I, 1820

17

Paragraph IV of the Constitution of 1976 Which authorized 1821

18

local exemptions for certain property used in solar enerGY 1I:l22

19

heating or cool ing systems and in the manufacture of such

20

systems is adopted by this reference as a part of this 1823

21

Constitution as completely as though incorporated in this 11124

22

Paragraph verbatim. This subparagraph (b) is repealed 1825

23

effective July 1, 1986.

24

Paragraph IV.

~[[~Q1__ ~rQ~~rtY __ 12~ __ ~~~~Q11QQ~

1827

25

Qr~~2r~~Q. Those types of exemptions from ad valorem 1828

26

taxation provided for by law on June 30, 1983, are hereby 11129

27

continued in effect as statutory law until otherwise

28

provided for by law.

29

SECTION III.

30

PURPOSES A~D METHOD OF STATE TAX~TION

1832 1833

31

Paragraph I. 12~2tiQQi_Q~rQQ~~~_fQr__ ~Qib __ 2Q~~r~

1A36

32

~2Y __ Qg__g~~[i~gQ. Except as otherwise provided in this 1831

33

Constitution, the power of taxation over the whole state ~ay 1838

34 be exercised for any purpose authorized by law. Any purpose 1839

- 56 -

1 for which the powers of taxation over the whole state could 1839

2 have been exercised on June 30. 1983. shall continue to be a 1840

3 purpose for which such powers may be exercised.

1841

4

Paragraph 11.

__ __ ~~~~n~~ ~Q __ Q~ Q2i1_iQl~_g~Q~2!

1843

5

f~QQ. (a) Except as otherwise provided in this 1844

6 Constitution, all revenue collected from taxes. fees. and 1845

7 assessments for state purposes. as authorized by revenue

8 measures enacted by the General Assembly. and all interest 1846

9 earned on such revenue shall be paid into the general fund 1847

10 of the state treasury.

11

(b) (1) As authoTized by law providing for the 1849

12

promotion of anyone or more types of agricultural 1850

13

products. fees. assessments. and other charges 1851

14

collected on the sale or processing of agricultural

15

products need not be paid into the general fund of 1852

16

the state treasury. The uniformity requirement of 1853

17

this article shall be satisfied by the application

18

of . the agricultural promotion program upon the 1854

19

affected products.

20

(2) As

used

in

this

SUbparagraph. 1856

21

'agricultural products' includes. but is not 1857

22

I imited to. registered livestock and livestock

23

products. poultry and poultry products. timber and 1858

24

timber products. fish and seafood, and the oroducts 1859

25

of the farms and forests of this state.

26

Paragraph Ill.

~r2nt~

~Q

Q~Qti~~

~QQ

1861

27

~~Qii~2!i~i~~. State funds may be granted to counties and 1862

28 municipalities within the state. The grants authorized by 1863

29 this Paragraph shall be made in such manner and form and

30 subject to t~e procedures and conditions specified by law. 1864

31 The law proviaing for any such grant may limit the purposes 1865

32 for which the grant funds may be expended.

- 57 -

SECTION IV.

1869

2

STATE DEBT

1810

3

Parayraph I.

1813

4

i~'~tt!~. The state may incur:

1814

5

(a) Public debt wit~out limit to repel invasion, 1816

6

suppress insurrection, and defend the state in time of w~r. Ifl11

1

(b) Public debt to supply a temporary deficit in 1819

8

the state treasury in any fiscal year created by a delay in 1380

9

collecting the taxes of that year. Such debt shall not 11181

10 exceed, in the aggregate, 5 percent of the total revenue lR82

11

receipts, less refunds, of the state treasury in the fiscal

12

y~ar immediately preceding the year in which such dpbt is 1883

13

incurred. The debt incurred shall be repaid on ~r before 1384

14

the last day of the fiscal year in which it is incurred ~ut 1885

15

of taxes levied for that fiscal year. ~o such de~t ~ay hp

16

incurred in any fiscal year under the provisions of this lRB!>

11

subparagraph (b) if there is then outstanding unoaid debt 1881

18

from any previous fiscal year which was incurred to supoly a 1888

19

temporary deficit in the state treasury.

20

(c) General obligation debt to acquire, construct, 1390

21

develop, extend, enlarge, or improve land, waters, property, 1891

22

hiyhwa~s, buildings, structures, equipment, or facil ities of 1892

23

the state, its agencies, departments, institutions, and of 1893

24

those state authorities which were created and activatpd 1894

25

prior to ~ovember 3, 1960.

26

(d) General obligation debt to provide educational 1896

21

facilities for county and independent school systems and, 1891

28

when the construction of such educational facil ities has 1898

29 been completed, the title to such educational facilities 1899

30 shall be vested in the respective local boards of education

31

for which such facilities were constructed.

1900

32

(e) Guaranteed revenue debt by guaranteeing the 1903

33

payment of revenue obligations issued by an instrumentality

34 of the state if such revenue obl igations are issued to 1904

35

finance:

- 58 -

(1) Toll bridges or toll roads.

1906

2

(2) Land public transportation facilities or 1908

3

systems.

4

(3) water faciliti~5 or systems.

1910

5

(4) Sewage facil ities or systems.

1912

6

(5) Loans to, and loan programs for, citiz~ns 1914

7

of the state for educational purposes.

1915

8

Paragraph II. __ 1t2!~_3gQg[21 2~lig21iQQ __ ggQt __ ~QQ 1917

9

__ g~~[~Q!gg~ [g~~Q~~_Q~~!i_li~i!2!iQQ~.

(~) As used in this

191'"

10 paragraph' and Paragra;Jh III of this section, "annual debt 1919

11 service requirements" :neans the total principal and interest 1920

12 coming due in any state fiscal year. With reqard t~ any

13

issue of debt incurred Wholly or in part on a t~rm basis, 1921

14 "annual debt service requirements" means an amount equal to 1922

IS the total principal. and interest payments required to retire 1923

16

such issue in full divided by the number of y~ars from its 1924

17 issue date to its maturity date.

18

(b) No debt may be incurred under subparagraphs 1926

19

(c), (d), and (e) of Par,3qraph

of this section or 1927

20 Paragraph V of this section at any time when the:

1nS

21

(1) Hiqhest dqgreqate annual 1~bt service 1930

22

requirements for the then current year or any 1931

23

SUbsequent year for outstanding general o~l iqation

24

debt dnd guaranteed revenue debt, includinq the 1932

25

proposed debt, and the highpst ~gqr~qate ~nnu~l 1933

26

payments fur the then current year or ~ny

27

subsequent fiscal year of the state under all 1934

2B

contracts then in f~rce to which the provisions of 1935

29

the second paragraph of Article IX, Section VI.

30

Paragraph l(d) of the Constitution of 1~7~ are 1936

31

clppl icable. excei~d 10 percent e)f the total revenue

32

receipts, less refunds of tho st~te treasury in the 1937

33

fiscal year immediately precedin~ the year in which 1938

34

any such debt is to be incurred.

- S9 -

(2) Tarm of the debt is in ~XC9SS of 2~ 1940

2

years.

3

(e) ~o Ju~rante~d revenue debt m~y be incurr~d to

1'142

4

finance ~3tar or sewage treatment f]eiliti8s or system~ w~~n 1943

5 the 11i':lhest ag'jreyate annu:il debt service r"''1uiremflnts fnr 1944

I:>

the then current year or a~IY subs(>qU'~nt fiscal ye:;lr of th'2 1'14<;

7 state for outstanding or proposed quaranteed revenue debt

8 for water facilities or syste;ns or s'i!lNale facilities or 1946

9 systems exceed 1 percent of the total revenue receiots less 1947

10 refunds, of the state treasury in the fiscal year 19413

11

immediately preceding the year in ~hich any such deot is to

12 be incurred.

13

(d) The aggregate amount of luaranteed revenue 1950

14

debt incurred to mak~ loans for edue~tional purposes t~dt 1951

15 may ue outstanding at any time shall not 0XC0'2d $13 mill inn,

16

and the aggregate amount of guaranteed revenue debt incurre~

17 to purchase, or to lend or deposit against the security of, 1953

18

loans for educational purposes that may be outstandinq at 1954

19 any time shall not exceed $72 million.

1'955

20

Paragraph III.

19 "i7

21

g~2r2Qt~~g_r~~~Q~2_g~Qti_~2Qgi!i2Q~_~QQ_Q_ l~~~~Q~~1 __ ~lQ~iQ9

19';f3

22

__ __ f~Qd~ ~Qg r~~~[~~_f~Qg~. (a) (1) General obligation debt 1959

23

TIay not be incurred until legislation is enacted 1961

24

statinq the purposes, in qeneral or specific terms_ 19':>2

25

for ~hich such issue of debt is to be incurred, 1963

26

specifying t~e maximum principal amount of such

27

issue and appropriating an a"lOunt at least 1964

28

sufficient to pay the highest .'Jnnual debt service

29

requirements

for

such

issue.

All such 1965

30

.'Jppropriations for debt servicE' purposes sha 11 "lot 1966

31

ldpse for any reason and shall c~ntinue in effect

32

until the debt for which SUCh appropri~tion was 1967

33

authorized shall have been incurred, hut th0 1968

34

General Assembly may repeal any 5UC~ ~ppropriation 1969

35

at any time prior to the inclJrring of such de...,t. 1970

- so -

1

The General Assembly shall raise by taxiltion and 1971

2

appropriate each fiscal year, in additi~n to the

"3

sum necessary to make all payments required under 1972

4

contracts entitled to the protection of the second 1973

5

paragraph of Paragraph I(a). Section VI, Article IX 1974

6

of the Constitution of 1976, such amounts as are

7

necessary to pay debt service requirements in such 1975

8

fiscal year on all general obl igation debt incurred 1976

9

pursuant to this section.

10

(2) (A) The

General

Assembly

shall 1978

11

appropriate to a special trust fund to be 1979

12

designated "State of

Georgia

General

13

Ilbl igation Jebt Sinking Fund" such amounts as 1980

14

are necessary to pay annual debt service

15

requirements on all general obligation debt 1981

16

incurred under this section. The sinking fund

17

shall be used solely for the retirement of 1982

18

general ob1 igation debt payable from the fund. 1983

19

If for any reason the monies in the sinkinq 1984

20

fund are insufficient to make. when due, all

21

payments required with respect to such general 1985

22

obligation debt. the first revenues thereafter

23

received in the general fund of the state 1986

24

shall ~e set aside by the appropriate state 1987

25

fiscal officer to the extent necessary to cure

26

the deficiency and shall be deposited by the 1988

27

fiscal officer into the sinking fund. The 1989

28

appropriate state fiscal officer may be

29

required to set aside and apply such revenues 1990

30

at the suit of any holder of any general 1991

31

ooligation debt incurred under this section.

32

(B) The ob1iqation to make sinkinq fund 19'13

33

deposits as provided in subparagraph (2)(A) 1994

34

shall oe subordinate to the ob1 i')ation imposed

35

upon the fiscal officers of the state pursuant 1995

- 'J 1 -

1

to the provisions of the second parayranh of 1995

2

Paragraph I(a) of Section VI of ~rtic1e IX of 1996

3

the Constituti~n of 1976.

4

(b) ( 1 ) Guaranteed revenue debt may not he 1998

5

incurred until legislation hnS been endct,'d 1999

6

authorizing the ~uarantee of the specific issue of

7

zooa revenue obligations then prop~sed, recitin~ th~t

8

the

General Assembly has determined such 2001

9

ob1icjdtions will be se1f-1iquidatinr; OVf>r thp life

10

of tile! issue (which determincltion shall be 2002

11

conclusive), specifying the maximum Drinciral

12

clmount of such issue and approoriating an amount at 2003

13

1east equal to the highest annual debt service 2004

14

requirements for such issue.

15

(2) (A) Each appropriation made for the 2006

16

purposes of subparagraph (b)(1) shall be paid 2007

17

upon the issuance of said ob1 igdtions into a

18

special trust fund to be ~esi9nated "State of 2008

19

Ge~rgia Guaranteed Revenue Debt Common Reserve 2009

20

Fund" to be held together with all other sums

21

similarly appr~priated as a common reserve for 2010

22

any payments which may be required by virtue

23

of any guarantee entered into in c~nnection 2011

24

#lith clny issue of guaranteed revenue 2012

25

ob1 igations. No appropriations for the

26

benefit of guaranteed revenue debt shall lanse 2013

27

unless repealed prior to the payment of the

28

appropriation into the common reserve fund.

2014

29

(B) If any payments are required to be 2016

30

made from the common reserve fund to meet debt 2017

31

service requirements on guaranteed revenue

32

obligations by virtue of an insuff~ciency of 2013

33

revenues. the amount necessary to cure the 2019

34

deficiency shall be paid from the common

35

reserve fund by the appropriate state fiscal 2020

- 62 -

1

officer. Upon any such payment. the common 2020

2

reserve fund shall be reimburse1 from the 2021

:3

general funds of the state within ten days

4

following the commencement of any fiscal year 2022

5

of the state for any amounts so paid; 2023

6

~ruvided. however. the obl igation to make any

7

such reimbursements shall be subordinate to 2024

8

the obligation imposed upon the fiscal

9

officers of the state pursuant to the second 2025

10

paragraph of Paragraph I(a) of Section VI. 2026

11

Article IX of the Constitution of 1976 and

12

shall also be subordinate to the obligation to 2027

13

~ake sinking fund deposits for the benefit of

.14

~eneral obligation debt. The appropriate 2028

15

state fiscal officer may be required to apply 2029

16

such funds as provided in this suboaragraph 2030

17

(b)(2)(S) at the suit of any holder of any

18

such guaranteed revenue obl igations.

2031

19

(C) The amount to the credit of the 2033

20

common reserve fund shall at all times be at 2034

21

least e~ual to the aggregate highest annual

22

debt service requirements on all outstanding 2035

23

guaranteed revenue obligations entitled to the

24

benefit of the fund. If at the end of any 2036

25

fiscal year of the state the fund is in excess

26

of the reqUired amount. the appropriate state 2037

27

fiscal officer. as designated by law. shall 2038

28

transfer the excess a~ount to the general

2039

29

funds of the state free of said trust.

30

(c) The funds in the general obligation debt 2041

31

sinking fund and the guaranteed revenue debt common reserve 2042

32

fund shall be as fully invested as is practicable. 2043

33

consistent with the requirements to !nake current principal

34

and interest payments. Any such investments shall be 2044

35

restricted to obl igations constituting direct and general 2046

- &3 -

1 obligations of the United St3tes government or obl iqations 2046

2

unconditionally guaranteeo as to the payment of orinciD21 2047

3

and interest by the United States government. m~turinl no 2048

4

longer than 12 months from date of purchase.

5

Paragraph IV. ![t!in_2ntr!i!_Q[Qhi~it~1. The 2050

6

state, and all state institutions, departments and aqencies 2051

7 of the state are prohibited from entering into any contract. 2052

8

except contracts pertaining to guaranteed revenue debt, with 2053

9

any public agency, publ ic corporation, authority, or similar 2054

10

entity if such contract is intended to constitute s~curity 2055

11

for Donds or other obI igations issued 'Jy any such ;)ubl ic

12 agency, pUbl ic corporation, or authority and. in the evpnt. 2056

13

any contract between the state, or any state institution. 2057

14

department or agency of the state d~d any public a1ency. 2D58

15

public corporation, authority or similar entity, or any 2059

16 revenues from any such contract, is pledged or assigned as

17

security for the repayment of bonds or other obI igations. 20bO

18

then and in either such event, the appropriation or 2061

19 expenditure of any funds of the state for the payment of 2062

20 obI igations under any such contract shall 1 ikewise be

21

prohibited.

22

__ Paragraph V. ~!f~ngiDg_Qf 1~~1.

The state ~ay

2065

23

incur general obligation debt or guaranteed revenue debt to 2066

24

fund or refund any such debt or to fund or refund any 2067

25

obligations issued upon the security of contracts to which

26 the provisions of the second paragraph of Paragraph I(a), 2069

27

Section VI. Article IX of the Constitution of 1976 are 2070

28 applicable. The issuance of any such debt for the purposes

29 of said funding or refunding shall be subject to the 10 2071

30 percent limitation in Paragraph II(b)(I) of this section to 2072

31

the same extent as debt incurred under Paragraph I of this 2073

32

section; provided, however, in making such computation the

33

annual debt service requirements and dnnual contract 2074

34 payments remaining on the debt. or obligations bein1 funded 2075

35

or refunded shall not be taken into account. The issuance 2076

- ~4 -

of such debt may be accomplished by resolution of the 2018

2 Georgia State Financing and Investment Commission without 2019

3

any action on the part of the General Assembly and any

4 appropriation made or required to be made with respect to 2080

5

the debt or obligation being funded or refunded shall 2081

6

immediately attach and inure to the benefit of t~e

1

obl igations to be issued in connection with such fundin~ or 2082

S

refunding. Debt incurred in connection with a~y such 2083

9

funding or refunding shall be the same as that originally 2064

10

authorized Dy the General Assembly. except that qener~l 2085

11

0bl igation debt may be incurred to fund or refund

12 obligations issued upon the security of contracts to which 2086

13

the provisions of the second paragraph of ParayraDh I(a). 2081

14

Section VI. Article IX of the Constitution of 1916 are 2088

15 appl icable and the continuing appropriations reqUired to be

16 made under this ConstitutIon shall immediately attach and 2089

11

inure to the benefit of the obI igation to be issued in 2090

18

connection with suc~ funding or refunding with the same 2091

19 force and effect as though sdid obligations so funded or 2092

20

refunded had originally been issued as a general o~ligation

21

debt authorized hereunder. The term of a fundin~ or 2093

22

r2funrling issue pursuant to this Paragraph shall not extend 2094

23

oeyond the term of the original debt or obl igation and the 2095

24

total interest on the funding or refunding issue shall not 206

25

exceed the total interest to be paid on such original debt 2091

26

or obI iqation. The principal amount of any debt issued in 2093

21

connection with such funding or refunding may exceed the 2099

28

principal amount being funded or refunded to the extent

29

necessary to provide for the payment of any premium thereby 2100

30

incurred.

31

Paragraph VI.

__ E2i~b 2QQ_f[~Qi~_2f_~~2~~_Q!~Qg~Q

2102

32

Qg~!_~2~_~~_Y2!i12~~Q. The full faith. credit, 3nd taxinq 2103

33

power of the state are hereby pledged to the payment of all 2104

34

public debt Incurred under this article dnd all such debt 2105

35

and the interest on the debt shall be exempt from t~xation.

- 65 -

1

Such debt may be validated by judicial proceedings in

2106

2

manner provided by law.

Such valid~tion shall

2107

3

incontestdble and conclusive.

4

Paragraph VII.

~~QLgi~

2i~!g

EiQ~QiQg

~Qg

2109

5

__ __ lQ~~~!m~Q! ~Qmmi~~iQQi l~!ig1'

There shall he a Georgia 7110

6

State Financin4 and Investment Commission. The c:>mmission 2111

7

shall consist of the Governor, the Presijent of the Senate,

8

the Speaker of the House :>f Representatives, the State 2112

9

Auditor, the Attorney General, the director, Fisc31 2113

10

Division, 0epartment of 'Jministrative Services. or such 2114

11

otner officer as 11dy be designated by law. and the

12

Commissioner of Agriculture. The commission shall

2115

13

responsible for the issuance of all public debt and for the 2116

14

proper application, as provided by law, of the procee~s of 2117

15

such debt to the purposes for ~hich it is incurred;

16

provided, however, the proceeds from guaranteed revenue 211g

17

obI i9ations shall be paid to the issuer thereof and such 2119

18

proceeds and tne applicdtion thereof shall be the 2120

19 responsibility of such issuer. Debt to be incurred at the

20

same time for ~ore than one purpose may be combined in one 2121

21

issue without stating the purpose separately but the 2122

22

proceeds thereof must be allocated, disbursed and used 2123

23

solely in accordance with the original purpose and without 2124

24

exceeding the principal amount authorized for each purpose

25

set forth in tl1e authorization of the Gen'~ral Assembly and 2125

26

to the extent not so used shall be used to purchase and 2126

27

retire publ ic deot. The commission shall be responsible for 2127

28

the investment of all proceeds to be administered by it an1. 2128

29

as provi ded by 1aw. the income earned on any such

30

investments may be used to pay operating expens~s of the 2129

31

commission or placed in d co~mon debt retirement funrl and 2130

32

used to purchase and retire dny pUblic debt, or any bonds or 2131

33

obliyations issued by any ou~lic 3~ency, publ ic corporation

34

or authority which are secured by ~ contract to which the 2132

35

provisions of the second paragraph of Paragraph I(a) of 2133

- ~6 -

1

Section VI, Article lX of the Constitution of 1976 ~re 2134

2

applicable. The commission shall have such additional 2135

3

responsibi I ities, powers, and duties as are provided by l3W.

4

Paragraph VIII.

2137

5 provided in this Constitution. the credit of the state shall 2138

not be pledged or loaned to any individual. company. 2139

7

corpuration. or association. The state shall not bpcome a 2140

8

joint owner or stockholder in or with any individual. 2141

9 company. association. or corporation.

10

Paragraph IX. ~Q~~!r~f!iQ~. P~ragraphs I through 2143

,

.

11

VIII of thi~ section are for the purpose of providing an 2144

12

effective method of financing the state's needs and their 2145

13

provisions and any law now or hereafter enacted by the 2146

14 General Assembly in furtherance of their provisions shall be 2147

15

liberally construed to effect such purpose. Insofar as i'lny

16

such provisions or any such law may be inconsistent with any 2148

11

other provisions of this Constitution or of any other law. 2149

18

the provisions of such Paragraphs and laws enacted in 2150

19

furtherance of such ~aragraphs shall be controlling; 2151

20

provided. however. the provisions of such Paragraphs shall

21

not be so broadly construed '.IS to cause the same to be 2152

22

unconstitutional and in connection with any such 2153

23

construction such Paragraphs shall be deemed to contain such

24

implied limitations as shall be required to accomplish the 2154

25

foregoing.

26

toaragraph X.

2156

27

~~~Q!iQQ.i. The- state shall not assume the debt. or,ny 2157

28

part thereof. of any county. municipality. or other 2158

29

pol itical subdivision of the state. unless such debt be

30 contracted to enable the state to repel invasion. suppress 2159

31

civil disorders or insurrection. or defend itself in time of 2160

32

war.

33

2162

34

2163

35

provisions of this section shall not be construed so as to: 2164

- 67 -

(a) Unla~fully impair the obligation of ~ny 2166

2

contract in effect on June 3J, 1983.

3

( b) Revive or permit the revival of the obli']ation 2168

4

of any bond or security declared to be void by the 2169

5

Constitution of 1976 or any previous Constitution of this 2170

6

state.

- 68 -

ARTICLE VIII.

2173

2

EJUCATION

2174

3

SECTION I.

2175

4

PUBLIC EDUCATION

2176

5

Paragraph I.

~~~li~

~g~21iQ~i

t(~g

Q~Qli

2181

b

gQ~~21iQ~__ Q(iQL __ 1Q_Qllggg_QL_QQ~1~~~Q~g2(y_l~ygli_i~2QQ(1

7. QY_l!!!liQ~. The provision of an adequate publ ic education 2182

8

for the citizens shall be a primary obligation of the State 2183

9

of Georgia. Public education for the citizens prior to the 2184

10 college or postsecondary level shall be free and shall be 2185

11

provided for by taxation. The expense of other public

12 education shall be provided for in such manner and in such 2186

13 amount as may be provided by' law.

14

SECTION II.

2189

15

STATE BOARD OF EDUCATION

2190

16

?aragraph I . ~l!l~_~Q!rg_Qt_~g~~!iQ~. (a) There 2193

17

shall be a State Boar1 of Education which shall consist of 2194

18

one member from each congressional district in the state and 2195

19 two additional members from the state at large, appointed by 2196

20

the Governor and confir~ed by the Senate. The Governor

21

shall not be a ~ember of said board. The ten members in 2197

22

office on June 30, 1983, shall serve out the remainder of 2198

23

their respectivG terms. As each term of office expires. the 2199

24

Governor shall appoint a successor as herein provided. Gn 2200

25

the effectjve d~te of this Constitution. the Governor shall

26

appoint two members to the board from the state at large. 2201

27

The terms of office of all members appointed after the 2202

28

effective date of this Constitution shall be for four years. 2203

29

Members shall serve until their successors are appointed and 2204

30 qualified. In the event of a vacancy on the board by death.

31

resignati:Jn, rel~oval, or any reas'on other th"!n expiration of 2205

32

a member's term, the Governor shall fi 11 such vacancy; and 2206

33

the person so appointed shall serve until confir~ed by the 2207

- 69 -

1

Senate and, upon confirmation, shall serve for the unexpired ?2 07

2

term of office.

3

(b) The State Board of Education shall have such 220Q

4

powers and duties as provided by law.

2210

5

(c) The State Roard of Education nay accert 2212

6

bequests, donations. grants, and tri'lnsfers of land, 2213

7

buildings, and other prop2rty for the use of the st~te 2214

a educational system.

9

(d) The qualific<~tions, compensation, and removal

2216

10

from office of the ~embers of the board of education shall 2217

11

be as ~rovided by law.

12

SEC TI ON I I I.

13

STATE SCHOOL SUPERINTEN~ENT

2220 2221

14

__ Paragraph I. 2t2t~_2b2Ql ~~Q~riQt~Qg~Ql.

There 2225

15

shall be a State School Super intendent. who shall be tl"'e 2226

16 executive officer of the State Board of Education. elected 2227

17

at the same time and in the same manner dnd for the sa~e 2228

18

ter;1l as that of the Governor.

The State School

19 Superintendent shall have such qualifications and shall De 2229

20

paid such compensation as may be fixed by law. No member of 2230

21

the State Board of Education shall be eligi'Jle for election 2231

22

as State School Superintendent durinq the time for which

23

such member shall hav2 been appointed.

2232

24

SECTION IV.

2235

25

BOARD OF REGENTS

2236

26

Paragraph I. __ __ ~ni~~[~ilY_2Y~12~_2f ~Q[gi2i QQ~rg

2239

27

Qf. __ [~g~n!.~. (a) There shell,. be a Board of o.egents of the 2240

28

university System of Georgia which shall consist of one 2241

29

member from each congressional district in the state and two 2242

30

additional members from the state at large, appointed by the

31

~overnor and confirmed by the Senate. The Governor shall 2243

32

not be a nember of said board. The members in office on 2244

33

June 30, 1983, shall serve out the remainder of their 2245

- 70 -

respective terms. As each term of office expires. the 2245

2

Governor shall appoint a successor as herein provided. All 2246

3

such terms of members shall be for four years. Memhers 2247

4

shall serve until their successors are appointed and 2248

5

qualified. In the event of a vacancy on the board by death.

6

resignation. removal. or any reason other than the 2249

7 expiration of a 'llember's term. the Governor shall fill such 2250

8

vacancy; and the person so appointed shall serve until 2251

9 confirmed by the Senate and. upon confirmation. shall serve

10 for the unexpired term of office.

2252

11

(b) The board of regents shall have the exclusive 2254

12 authority to create public colleges. junior colleges. and 2255

13

universities in the State of Georgia, subject to apDroval by 2256

14 majority vota in the House of Representatives and the 2257

15

Senate. The government. control. and manage'1lent of the

16 University System of Georgia and all of the institutions in 2258

17

said system shall be vested in the Board of Regents of the 2259

18

University System of Georgia.

19

(c) fill appropriations made for the use of any or 2261

20 all institutions in the university system shall be paid to 2262

21

the board of regents in a lump sum. with the power and 2263

22 authority in said board to allocate and distribute the same 2264

23

among the institutions under its control in such way and

24

manner and in such amounts as will further an efficient and 2265

25 economical administration of the university syste'1l.

2266

26

(d) The board of regents shall have such powers 2268

27

and duties as provided by law and may. in the manner 2269

28

prOVided by law. purchase. sell, lease, or otherwise dispose 2270

29 of property, execute conveyances thereon. and utilize the 2271

30 proceeds arising therefrom.

31

(e) The board of regents may dccept bequests. 2273

32

donations, grants. anJ transfers of land, buildings, and 2774

33

other property for th~ use of the University System of 2275

34 Georgia.

- 71 -

1

(f) The qualifications, compensation, and re'11oval 2277

2 from office of the members of the board of regents shall be 2278

3 as provided by law.

4

SECTION v.

22B1

5

LOCAL SCHOOL SYSTEMS

2282

6

Paragraph

I.

2285

7

QQ~Qligg~iQQ__ Qf_~bQQ1_~l~t~~~_~~lbQ[i~~Qi_Q~~_iUQ~QQ2~Qt

2286

8

~bQQ1_~l~~~~_Q[QbiQi~Q. Authority is granted t3 county 2287

9 and area boards of education to establish and maintain

10

public schools within their limits. Existing county ~nrl 2283

II

independent school systems shall be continued, except that 2289

12 the General Assembly may provide by law for the 2290

13 consolidation of two or more county school systems, 2291

14 independent school systems, portions thereof, or any

15 combination thereof into a single county or area school 2292

16

system under the control and management of a county or area 2293

l7

board of education, under such terms and conditions as the 2294

18 General Assembly may prescribe; but no such cons3lidation

19 snall become effective until approved by a majority of the 2295

20 qualified voters voting thereon in each separate school 2296

21

system proposed to be consolidated. No independent school 2297

22 system shall hereafter be established.

23

Paragraph II. __ ~Q2[Q~_Qf ~Q~21iQQ.

Each school

2299

24

system shall be under the management and control of a board 2300

25 of education, the members of which shall be elected or 2301

26 appointed as provided by law. School board members shall 2302

27 reside within the territory embraced by the school system

28 and shall have such compensation and additional 2303

29 qualifications as may be provided bylaw.

30

Paragraph III. ~bQQ1__ ~~Q~[iUl~UQ~Ul~.

Th~re

2305

31 shall be a school superintendent of each system who shall be 2306

32 the executive officer of the board of education and shall 2307

33

have such qualifications, ~owers, and duties as provided by

34 general law.

- 72 -

1

Paragraph IV.

~b2D9~~__ iD __ ~bQQ1 __ QQ~[1~ __ ~Dg 2309

2

~~~~[iQigU1~Ui. (a) The composition of school boards, the 2310

3

term of office, and the methods of selecting board members 2311

4 and school superintendents, including whether elections

5

shall be partisan or nonpartisan, shall be as provided by 2312

6

law applicable thereto on June 30, 1983, but may be chanqpd 2313

7

thereafter only oy local law, conditioned upon approval by a 2314

8

majority of the qual ified- voters voting thereon in the 2315

9

system affected.

10

(b) School systems which are authorized on June 2317

11

30, 1983, to make the changes listed in subparagraoh (a) of 2318

12

this Paragraph by local law without a referendum may 2320

13 continue to ao so.

14

?aragraph V. ~Q~~[_Qf_2Q2[Q~_iQ_QUi[2t_~iib_~2b 2322

15

Qlb~[. (a) Any two or more boards of education may 2323

16

contract with each other for the care, education, and 2324

17 transportation of pupils and for such other activities as 2325

18 they may be authorized by law to perform.

19

(b) The General Assembly may provide by law for 2327

20

the sharing of facil ities or services by and between local 2328

21

boards of education under such joint administrative 2329

22 authority as may be authorized.

23

Paragraph VI. ~Q~g[_Qf_QQ2[9~_lQ_2~Qt_Q~J~~~t~L 2331

24

QQU21iQU~L_g[2ut~L_2QQ_i[2U~f~[~. The board of education of

2332

25

eacn school system may accept bequests, donations, grants, 2333

26 and transfers of land, buildings. and other property for the 2334

27

use of such system.

28

Paragraph VII. ~Q~i21_~bQQ1~. (a) The General 2336

29

Assembly may provide by law for the creation of special 2331

30 schools in such areas as may require them and may provide 2338

31

for the participation of local boards of education in the 2339

32

dstabfishment of such schools under such terms and

33

conditions as it may provide; but no bonded indebtednpss may 2341

34 be incurred nor a school tax levied for the suoport of 2342

35

special schools without the approval of a majority of the 2343

- 73 -

1 qualified voters voting thereon in each of the systenis 2344

2

affected.

Any special schools shall be operated in

3 conformity with regulations of the State Board of Education 2345

4

pursuant to provisions of law. I The state is authorized to 2346

5 expend funds for the support and maintenance of special 2347

6

schools in such amount and manner as may be prOVided by law.

7

(b) ~othing contained herein shall be construed to 2349

8

affect the authority of local boards of education or of the 23~0

9

state to ~upport and maintain special schools created orior 2351

10

to June 30. 19~3.

11

SECTION VI.

2354

12

LOCAL TAXATIJN FOR EDUCATION

2355

13

Paragraph I.

2358

14

The board of education of each school system shall annually 2359

15 certify to its fiscal authority or authorities a school tax 2360

16 not greater than 20 mills per dollar for the support and 2361

11

maintenance of education.

Said fiscal authority or

18

authorities shall annually levy said tax upon the assessed 2362

19 value of all taxable property within the territory served by 2363

20

said school system. provided that the levy made by an area 2364

21

board of education. which levy shall not be greater than 20

22

mills per dollar. shall be in such amount and within such 2365

23

limits as may be prescribed by local law applicable thereto. 2366

24

(b) School tax funds shall be expended only for 2368

25

the support and maintenance of pUblic schools. publ ic 2369

26

education. and activities necessary or incidental thereto. 2370

21

including school lunch purposes.

28

(c) The 20 mill limitation provided for in 2372

29

SUbparagraph (a) of this Paragraph shall not apply to those 2373

30 school systems which are authorized on June 30. 1983. to 2374

31

levy a school tax in excess thereof.

32

(d) The method of certification and levy of the 2376

33

school tax provided for in subparagraph (a) of this 2377

34

Paragraph shall not apply to those systems that 3re 2378

- 74 -

1

authorized on June 30. 1983. to utilize a different ~ethod 2378

2 of certification and levy of such tax; but the General 2379

3

Assembly may by law require that such systems be brought 2380

4

into conformity with the method of certification and levy 2381

5 herein provided.

6

Paragraph I I . !O~L~2iQg__ QL__ L~mQ~iog_!2~_[2!~. 2383

7

The mill 1 imitation in effect on June 30. 1983. for any 2384

8

school system may be increased or removed by action of the 2385

9

respective boards of education. but only after such action

1 ,)

has been approved by a majority of the qualified voters .2386

11

voting thereon in the p~rticular school system to be 2387

12

affected in the manner provided by law.

13

SECTION VII.

2390

14

EDUCATIONAL ASSISTA~CE

2391

15

Paragraph I~

E~~~2!iQn21__ 2!!i!!!Qf! __ erQJr2~! 2394

16

2~!bQLi!~Q. (a) Pursuant to laws now or hereafter enacted 2395

17

by the Genaral Assemoly. public funds may be expended for 2396

18

any of the following purposes:

19

(I) To provide grants. scholarships, loans, 2398

20

or other assistance to students and to parents of 2399

21

students for educational purposes.

22

(2) To prOVide for a program of guaranteed 2401

23

loans to students and to parents of students for 2402

24

educational purposes and to pay interest, interest

25

subsidies, and fees to lenders on such loans. The 2403

26

General Assembly is authorized to rrovide such tax 2404

27

exemptions to lenders as shall be deemed advisable

28

in connection with such program.

2405

29

(3) To match funds now or hereafter available 2407

30

for student assistance pursuant to any federal law. 2408

31

(4) To provide grants, scholarships, loans, 2410

32

or other assistance to public employees for 2411

33

educational purposes.

- 75 -

1

(b) Contributions made in support of ~ny 2413

2 educational assistance program now or hcre3fter establ isherl 2414

3

under provisions of this section may be deductible for stat~ 2415

4

income tax purposes as now or hereafter provided by l~w.

5

Paragraph II. ~~~[~QlggQ_[gygn~g_Q~Qt. GU3ranteed 2417

6

revenue debt may be incurred to provide funds to na~e loans 2418

1

to students and to parents of students for educational 2419

8

purposes, to purchase loans made to students and to parents 2420

9 of students for educational purposes, or to lend or make

10 deposits of such funds with lenders which shall be secured 2421

11 by loans made to students and to parents of students for 2422

12 educational purposes. Any such debt shall be incurred in 2423

13 accordance with the procedures and requirements of Article

14 VII, Section IV of this Constitution.

2424

15

Paragraph III.

~~21i~

~~tnQ[iti~~'

Public 2426

16 authorities or public corporations heretofore or hereafter 2421

11 created for such purposes shall be authorized to administer 2428

18 educational assistance programs and, in connection 2429

19

therewith, may exercise su~~ powers as may now or hereafter

20 be provided by law.

21

Paragraph IV.

Qt __ ~2i~g[__

t~itiQQ'

The Board of

2431

22

Regents of the university System of Georgia shall be 2432

23 authorized to establish programs allowing attendance at 2433

24 units of the University System of Georgi p without payment of

25

tuition or other fees, but the General Assembly may provide 2434

26

by law for the establishment of any such program for the 2435

21

benefit of elderly citizens of the state.

- 76 -

ARTICLE IX.

2438

2

COUNTIES AND MUNICIPAL CORPORATIONS

2439

3

SECTION I.

2440

4

COUNTIES

2441

5

Paragraph I.

__ Q~~li~~ ~__ QQQY

2~QQ~~1~

2~Q

2445

6

QQli~i.

Each county shall be a body corporate and pol itic

2446

7

with such governing authority and with such powers and 2447

B

limitations as are provided in this Constitution and as 2448

9

provided by law. The governing authorities of the several

10

counties shall remain as prescribed by law on June 30, 1983, 2449

11

until otherwise provided by law.

12

Paragraph II.

~~~Q~~_Qf_2~~ti~~_limi~~gl~Q~~!Y 2451

13

QQ~~Q~~i~~_~~Q__ Q~~lY __ ~it~!l __ Q~~lY __ SQD!QliQ~tiQD.

la) 2452

14

There shall not be more than 159 counties in this state.

2453

15

(b) The metes and bounds of the several counties 2455

16

and the county sites shall remain as prescribed by law on 2456

17

June 30, 1983, unless changed under the operation of a 2457

18

general law.

19

(c) The General Assembly may provide by law for 2459

20

the consol idation of two or more counties into one or the 2460

21

division of a county and the merger of portions thereof into 2461

22

other counties under such terms and conditions as it may 2462

23

prescribe; but no such consolidation. division, or merger 2463

24

shall become effective unless approved by a majority of the

25

qualified voters voting thereon in each of the counties 2464

26

proposed to be consolidated, divided. or merged.

2465

27

Paragraph III. __ Q~QtY Qffi~r~i __ ~l~~iQQi __ ~~~mi

2467

28

SQmQ~D!~tiQ~. (a) The clerk of the superior court, jUdge of 2468

29

the probate court, sheriff, tax receiver, tax collector. and 2469

30

tax commissioner. where such office has replaced the tax 2470

31

receiver and tax collector, shall be elected by the

32

qualified voters of their respective counties for terms of 2471

33

four years and shall have such gual ifications, pClW?rs. Clnd 2472

34

duties as provided by general law.

- 77 -

1

(b) County officers listed in subparagraah (a) of 2474

2

this Paragraph may be on d fee basis. salary basis. or fee 2475

3

basis supplemented by salary. in such manner as may be 2476

4

directed by law. Minimum compensation for said county 2477

5 officers may be established by the General Assembly by

6

general law. Such minimum compensation may be supDlemented 2478

7

by local law or. if such authority is dele1ated by local 2479

8

law. by action of the county governing authority.

9

(c) The General Assembly may consolidate the 2481

10

office5 of tax receiver and tax col lector into the ~ffice of 2482

11

tax commissioner.

12

Paragraph IV. hi~il_~~~~ig_~y~!g~~. The General 2484

13

Assembly may by general law authorize the establ ishment by 2485

14 county governing authorities of civil service systems 2486

15 covering county employees or covering county employees and 2487

16 employees of the elected county officers.

17

SECTIOI\J II.

2490

18

rlOME RULE FOR COUNTIES AND MUNICIPALITIES

2491

19

Paragraph I.

__ ~~Q~~~1 ~~~g~Qll __ 2~t~Q~i~g1 __ !Q 2494

20

9~l~32!~_i!~_QQ~~!. The General Assembly is authorize1 to 2495

21

enact general laws providing for the self-government 0f 2496

22

counties or municipalities. or both. and to that end is 2497

23

expressly given the authority to delegate its power so th~t

24

matters pertaining to counties or municipal ities. or both. 249B

25

may be dealt with without the necessity of action by the 2499

26 General Assembl y.

27

Paragraph II. __ ~~QQ1~m~~!2[Y QQ~!~.

Ca)

In 2501

28 addition to and supplementary of all powers possessed by or 2502

29 conferred upon any county. municipality. or any combination 2503

30

thereof. any county. municipality. or any combination

31

thereOf may exercise the follo~ing powers and provide the 2504

32

following services:

33

(1) Police and fire protection.

2506

- 78 -

1

(2) Garbage and sol id waste collection and 2508

2

Jisposal.

3

(3) Publ ic health facil ities and services. 2510

4

including hospitals. ambulance and emergency rescue 2511

5

services. and animal control.

6

(4) Street

and road construction and 2513

7

maintenance. including curbs. sidewalks. street 2514

8

lights. and devices to control the flow of traffic

9

on streets and roads constructed by counties and 2515

10

municipalities or any combination thereof.

11

(5) Parks. recreational areas. programs. and 2511

12

facilities.

13

(6) Storm water and se~age collection and 2519

14

disposal systems.

15

(1) Development.

storage.

treatment. 2521

16

purification. and distribution of water.

17

( 8 ) Publ ic housing.

2523

18

(9) Publ ic transportation.

2525

19

(10) Libraries. archives. and arts and 2521

20

sciences programs and facilities.

21

(11) Terminal and dock facilities and parkinq 2529

22

f ac i 1 i tie s

23

(12) Codes. inc 1ud i ng building. housinq. 2531

24

plumbing. and electrical codes.

25

(13) Air quality control.

2533

26

(14) The power to maintain and modify 2535

27

heretofore existing retirement or pension systems. 2536

28

inclUding such systems heretofore created by

29

general laws of local application by population 2531

30

classification. and to continue in effect or modify 2538

31

other benefits heretofore prOVided as a part of or

32

in addition to such retirement or pension systems 2539

33

and the power to create and maintain retirement or 2540

34

pension systems for any elected or appointed public

35

officers and employees whose compensation is paid 2541

- 79 -

1

in whole or in part from county or munici~al funns 2542

2

and for the beneficiaries of such officers ~nd

3

employees.

4

(b) Unless otherwise provided by law.

2544

5

(1) No county may exercise any of the powers 2546

6

1 isted in subparagraph la) 6f this Paragraph or 2541

1

provide any service listed therein inside the

8

boundaries of any municipality or any other county 2548

9

except by contract with the municipal ity or county 2549

10

affected; and

11

(2) No municipal ity may exercise any of the 2551

12

powers listed in SUD paragraph (a) of this Paragraph 2552

13

or provide any service listed therein outside its

14

own boundaries except by contract with the county 2553

15

or municipality affected.

16

(c) Nothing contained within this Paragraph shall 2555

11 operate to prohibit the General Assembly from enacting 2556

18 general laws relative to the subject matters listed in 2551

19 SUbparagraph (a) of this Paragraph or to prohibit the 2558

20 General Assembly by general law from regulating.

21

restricting. or limiting the exercise of the powers listed 2559

22

therein; but it may not withdr~w any such powers.

23

(d) Except as otherwise provided in subparagraph 2561

24

(b) of this Paragraph, the General Assembly shall act UDon 2562

25 the sUDject matters listed in subparagraph (a) of this 2563

26 Paragraph only by general law.

21

Paragraph III. El2UUiQ9_2QQ_lQQiUg. The governing 2565

28 authority of each county and of each municipality may adopt 2566

29 plans and may exercise the power of zoning. This 2561

30 authorization shall not prohibit the General Assembly from

31

enacting general laws establishing conditions and procedures 2568

32 for the exercise of such power.

2569

33

Paragraph IV. EmiQgQ!__ QQ~2iQ. The governing 2511

34 authority of each county and of each municipality may 2572

35 exercise the pawer of eminent domain for any public purpose. 2513

- 80 -

1

Paragraph V. __ ~~~~i21 Qi1[i~1~. As hereinafter 2575

2 provided in this Paragraph. special districts may be created 2576

3

for the provision of local government services within such 2577

4 districts; and fees. assessments. and taxes may ~e levied 2578

5 and collected within such districts to pay. wholly or

6 partially. the cost of providing such services therein and 2579

1 to construct and maintain facil ities therefor. Such special 2580

8

districts may be created and fees. assessments. or tax~s may 2581

9 De levied and collected therein by anyone or more of the

10 following methods:

2582

11

(a) By general law which directly creates the 2584

12 districts.

13

(b) By general law which requires the creation of 2586

14 districts under conditions specified by such general law.

2587

15

(c) By municipal or county ordinance or 2589

16 resolution. except that no such ordinance or resolution may 2590

11

supersede a law enacted by the General Assembly pursuant to 2591

18 sUbparagraphs (a) or (b) of this Paragraph.

19

Paragraph VI.

~Qmm~nil~

[~Q~~~12Qm~nl.

The 2593

20 General Assembly may authorize any county. municipality. or 2594

21 housing authority to undertake and carry out community 2595

22 redevelopment. which may include the sale 3r 3ther

23 disposition of property acquired by eminent d3main to 2596

24 private enterprise for private uses.

25

Paragraph VII. hi~i121i2n_Qn_lQ~_12~in1_~2~~[_2n1 2598

26

__ __ 2n1 __ ~Qnl[iQ~liQn~_Qf ~Q~nli~~~~_m~ni~i~21ili~~

QQlili~21

2599

21

~~QQiYi~iQn~. The General Assembly shall not authorize any 2600

28 county. municipality. or other political subdivision of this 2601

29 state. through taxation. contribution. or otherwise. to

30 appropriate money for or to lend its credit to any person or 2602

31 to any nonpublic corporation or association except for 2603

32 purely charitable purposes.

- 81 -

1

SECTION III.

2606

2

INTERGOVERNMENTAL RELATIONS

2601

3

Paragraph I.

IQtg[gQ~~[~m~~t21__ Q~t[~t1.

(~)

2611

4

The state. or any institution. department. or oth~r alency 2612

5 thereof. and any county. municipality. school district. or 2613

6

other political subdivision of the state may contr~ct for

1 any period not exceeding 50 years with each other or with 2614

8 any other public agency. public corporation. or public 2615

9 authority for Joint services. for the provision of services, 2616

10 or for the joint or separate use of facilities or equipment;

11 but such contracts must deal with activities or services 2611

12 which the contracting parties are authorized by law to 2618

13 undertake or provide. This authorization shall not prohibit 2619

14 the General Assembly from enacting general laws relative to 2620

15 such contracts.

16

(b) SUbject to such limitations as may be provided 2622

11 by general law. any county, municipality. or combination 2623

18 thereof may, in connection with any contracts authorized in 2624

19 this Paragraph. convey any existing facilities or equipment 2625

20 to the state or to any pUbl ic agency. public corporation. or

21 public authority and may obligate itself to pay for the cost 2626

22 of acquisition. construction, modernization, or reDairs of 2621

23 necessary buildings and f ac iIi ties of any hospital 2628

24 authority.

25

Paragraph II. hQ21 __ gQ~~[~m~~1__ [~Q[g~~i~~tiQ~'

2630

26 (For further study) The General Assembly shall provide by 2631

21

general law for any matters necessary or convenient to 2632

28 authorize the consolidation of the governmental and

29 corporate powers and functions vested in municipalities with 2633

30 the governmental and corporate powers and functions vested 2634

31

in counties in which such municipalities are located. Such 2635

32 general law may also provide alternatives for the

33 reorganization of county and municipal governments, 2636

34

including. but not limited to, procedures to establish a 2631

- 82 -

1

single governing body as the governing authority of a county 2637

2

and a municipality or municipal ities located within such 2638

3

county, or for the merger of services or the redistribution 2639

4

of powers between a county and a municipality or 2640

5

municipalities locat~d within the county. Such general law 2641

6

shall provide procedures and requirements for the

7

establishment of charter commissions to draft propos~d 2642

8

charters to establ ish a form of governmental reorganization 2643

9 authorized by this Paragraph, and the Seneral Assembly is 2644

10 expressly authorized to delegate its powers to such charter

11

commissions for such purposes so that the governmental 2645

. 12

reorganization proposed by a charter commission may become 2646

13

effective without the necessity of further action by th~ 2647

14 General Assembly, or such general law may require that the

15

recommendations of any such charter commission be 2648

16

implemented Dy a local law. Any law enacted rursuant to the 2649

17 authority of this Paragraph shall require any form of 2650

18

governmental reorganization authorized ~y this Paragraph to 2651

19 be approved by a. majority of the qual ified voters votinq

20

within the county or counties affected thereby as a 2652

21 condition of its becoming effective.

22

SECTION IV.

2655

23

TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS

2656

24

Paragraph I. ~Q~g[__Qf_!2!2!lQn. (a) Except as 2659

25

otherwise provided in this Paragraph, the governing 2660

26 authority of any county, municipal ity, or combination 2661

27

thereof may exercise the power of taxation as authorized by 2662

28

this Constitution or by general law.

29

(b) In the absence of a general law:

2664

30

(1) County governing authorities may ~e 2666

31

authorized by loc~l law to levy and collect 2667

32

business and occupational license taxes and 1 icense

33

fees only in the unincorporated areas of the 2668

34

counties. The General Assembly may provide that 2669

- B3 -

1

the revenues raised by such tax or fee be spent for 2669

2

the

provision

of services only in t~e 2610

3

unincorporat~d areas of the county.

4

(2) Municipal governing authorities may be 2612

5

authorized by local law to levy and coll~ct 2613

6

busin8ss and occupation~l license taxes and license

7

fees in the corporate limits of the munici~alities. 2614

(c) The General Assembly may provide by l3w for 2616

9

the taxation of insurance companies on the basis of aro~s 2611

IJ

direct premiums received from insurance pol icies within the 2618

11

unincorporated areas of counties. The tax authorized herein 2619

12

may be imposed by the state or by counties or by the state

13

for county purposes as may be provided by law. The General 2680

14 Assembly may further provide by law for the reduction. only 2681

15 upon taxable property within the unincorporated areas of 2682

16 counties. of the ad valorem tax millage rate for county or

17

county school district purposes or for the reduction of such 2683

18 ad valorem tax millage rate for both such purposes in 2684

19 connection with imposing or authorizing the imposition of 2685

20 the tax authorized herein or in connection with orovi1inq 2686

21

for the distribution of the proceeds derived from the tax

22

authorized herein.

23

Paragraph II. ~Q~~[_Qt_~~QgnQi!gr2. The governinq 2688

24 authority of any county. municipality. or combination 2689

25

thereof ~ay expend pUblic funds to perform any public 2690

26

service or public function as authorized by this

21

Constitution or by law or to perform any other service or 2691

28

function as authorized by this Constitution or by general 2692

29

law.

30

Paragraph III. ~~rQQ1~1_Qt_!2~2!iQni_211Q~~!i~n_2t 2694

31

!~~!!. No levy need state tneparticular purposes for which 2695

32

the same was made nor shall any taxes collected be allocated 2696

33

for any particular purpose. unless otherwise provided by .2691

34

this Constitution or by law.

- 84 -

1

SECTION V.

2700

2

LIMITATION ON LOCAL DEBT

2701

3

Paragraph I.

Q~Q~

Qf li~i!~!iQ~~

~Q~~!ig~~

2704

4

__ ~~~ii~i!i!i!i1 ~~~_Q!~![_QQ!1!i~!_~~~~i~i~iQ~~.

(a) The

2705

5

debt incurred by any county, municipal ity, or other 2706

6

political subdivision of this state shall never exceed 10

7 percent of the assessed value of all taxable property 2707

8

therein; and no such county, municipality, ~r other 270B

9

political subdivision shall incur any new debt without the 2709

10 assent of a majority of the qualified voters of such

11

subdivision voting in an election held for that purpose as 2710

12 provided by law.

13

(b) Notwithstandin3 sUbparagraph (a) of this 2712

14 Paragraph. all local school systems which are authorized by 2713

15

law on June 30. 1983. to incur debt in excess of 10 percent 2714

16 of the assessed value of all taxable property therein shall

11 continue to be authorized to incur such debt.

2715

18

Paragraph II. ~Q!i~1_~i~!ri!_9~2!. Within the 2717

19 debt limitations as to amount prOVided for in Paragraph I of 2718

20 this section. any county, municipality. or combination 2719

21

thereof may incur debt on behalf of any special district 2720

22 created pursuant to Paragraph V of Section II of this

23 article. Such debt may be incurred on behalf of such 2721

24

special district where the county. municipal ity, or 2722

25

pol itic.al subdivision shall have. at ~r before the time of

26

incurring bonded indebtedness. provided for the assessment 2723

27

and collection of an annual tax within the special district 2724

23

sufficient in amount to pay the principal and interest of 2725

29

said debt within 30 years from the incurrence thereof; and 2726

30 no such county, municipality. or other political 5UDdivision

31

shall incur any debt on behalf of such special district 2727

32

without the assent of a majority of the qual ified voters of 2728

3.3

such district voting in an election held for that purpose as 2729

34 provided by law. The proceeds of the tax collected as 2730

- 85 -

provided herein shall be placen in n sinking fund which 2730

2

shall be ~ trust fund to be used exclusively for the purnose 2731

3

of retiring such debt or acquiring or redeeming the 2732

4

obligations representing such debt. Such moneys Shnll ~e 27 33

5 held and kept separate and apart from all other revenues

collected and may be invested and reinvested as provided t,y 2734

7

1aw.

8

Paragraph II I.

2730

9

The governing authority of any county, 2737

10 municipality, or other political subdivision of this state 2739

11

may provide for the refunding of outstanding bonded

12

indebtedness without the necessity of 3 referendum being 2739

13

held therefor, provided that neither the terll1 of the 2740

14 original debt is extended nor the interest rate of the 2741

15 original debt is increased, The principal amount of Cloy

10 debt issued in connection with such refunding may exceed the 2742

17 principal amount being refunded in order to reduce the total 2743

18

principal and interest payment requirements over the 2744

19

remaining ter~ of the original issue. THe proceeds of the

20

refunding issue shall be used solely to retire the original 2745

21

debt. The original debt refunded shall not constitute debt 2746

22

within the meaning of Para9raph I of this section.

23

Paragraph III.

2748

24 Notwithstanding the debt limitations provided in Paragraph I 2749

25 of this section and without the necessity for a referendum 2750

26 being held therefor, the governing authority of any county, 2751

27

municipality, or other political subdivision of this state

28

may, subj~ct to the conditions and limitations as may be 2752

29 provided by general law:

30

(1) Accept and use funds granted by and 2754

31

obtain loans from the federal government or dny 2755

32

agency thereof pursuant to conditions imposed hy

33

federal law.

34

(2 ) Incur debt, by way of borrowing from any 2757

35

person, corporation, or association as well as from 2758

- 86 -

1

the state, to pay in whole or in part the cost of 2759

2

property valuation and equalization programs for ad

3

valorem tax purposes.

4

Paragraph V.

__ __ I~mQQr2rY 1Q2Q~ 2~tbQrif~Q.

The 2761

5 governing authority of any county, municipality, or other 2762

6 pol itical sUbdivision of this state may incur debt by 2763

7 obtaining temporary loans in each year to pay expenses. The 2764

8 aggregate amount of all such loans shall not exceed 75

9 percent of the total gross income from taxes collected in 2765

10 the last preceeding year. Such loans shall be payable on or 2766

11

before December 31 of the calendar year in which such loan 2767

12 is made. No such loan may be obtained when there is a loan

13 then unpaid obtained in any prior year. No such county, 2768

14 municipality. or other political subdivision of this state 2769

15 shall incur in anyone calendar year an aggregate of such 2770

16 temporary loans or other contracts. notes. warrants. or

17 obligations for current expenses in excess of the total 2771

18 anticipated revenue for such calendar year.

19

Paragraph VI. __ k~~Y_Qf_i2~~1_iQ_Q2Y_QQQQii ~iQ~iQg 2773

20

f~nQ_r~g~ir~Q. Any county, municipality, or other political 2774

21

subdivision of this state shall at or before the time of 2775

22

incurring bonded indebtedness provide for the assessment and 2776

23 collection of an annual tax sufficient in amount to pay the 2777

24 principal and interest of said debt within 30 years from the

25

incurring of such bonded indebtedness. The proceeds of this 2778

26

tax. together ~ith any other funds coll~cted for this 2779

27

purpose or for the purpose of retiring, redeeming. or 2780

28 acquiring such bonded indebtedness. shall be placed in a

29 sinking fund which shall be a trust fund to be used 2781

30 exclusively for such purposes. Such moneys shall be held 2792

31

and kept separate and apart from al I other revenues 2783

32 collected and may be invested and reinvested as provided by

33 law.

34

Paragraph VII. ~~liQitY_Qf_QriQr_QQQQ_ii~~~~. 4ny 2785

35 and all bond issues validated and issued prior to June 30. 2786

36 1983, shall continue to be valid.

- 87 -

1

SECTION VI.

218 9

2

REVENUE BONDS

2790

3

Paragraph I.

~~~~Q~~_QQQQ1i_9~Q~[21_1imit2tiQQ~. 2793

4 Any county. municipality, or other political subdivision of 2794

5 this state or public authority may issue revenue bonds as 2795

6

provided by general law. The debt represented by revenue 2796

1 bonds shall be repayable only out of the revenue derived

8

from the prOject and shall not be deemed to be a debt of the 2797

9

issuing political sUbdivision. No such issuing political 2198

10 subdivision shall exercise the power of taxation for the 2799

11

purpose of paying any part of the principal or interest of 2800

12 any such revenue bonds.

13

Paragraph II. ~g~~Q~~_QQQg~i_~Q~i~1_li~i!2!iQQ~' 2802

14 Any county, municipality, or other political subdivision of 2804

15 this state may issue revenue bonds in order to bUY, 2805

16 construct, extend, operate, or maintain gas or electric 2806

11 generating or distribution systems and all necessary

18

appurtenances thereof but only after d majority vote at an 2801

19 election held for that purpose in the same manner as if 2808

20

incurring debt. Where such revenue bonds are issued for

21

this purpose and the gas or electric generating or 2809

22 distribution system extends beyond the limits of the county 2810

23

in which the municipality or other political subdivision is 2811

24

located. then its services rendere~ and property located

25

outside said county shall be subject to taxation and 2812

26 regulation in the same manner as are privately owned and 2813

21 operated utilities.

28

Paragraph III. Q~y~lQ~m~Qt ~~tbQ[iti~~.

The 2815

29 development of trade. commerce. industry. and employment 2816

30 opportunities being a public purpose vital to the welfare of 2817

31

the people of this state. the General Assembly may create 2818

32 development authorities to promote and further such purposes

33 or may authorize the creation of such an authority by any 2819

34 county or municipal ity or combination thereof under such 2820

- 88 -

uniform terms and conditions ~s it may deem necessary. The 2821

2 General Assembly may exempt from taxation development 2822

3 authority obl igations. properties. activities. or income and

4 may authorize the issuance of revenue bonds by such 2923

5 authorities which shall not constitute an indebtedness of 2824

6

the state within the meaninq of Section V of this article.

7

Paragraph IV. ~!!i~!!lgQ. The General Assembly 2826

8

shall provide for the val idation of any revenue bonds 2827

9 authorized and shall provide that such validation shall 2828

10 thereafter be incontestable and conclusive.

11

Paragraph V. __ ~!ll~l!y gf __ g[iQ[ __ [~Y~Q~~ __ QQQg 2830

12

i~~~~~. All revenue bonds issued and val idated prior to 2831

13

June 30. 1983. shall continue to be val ide

- 89 -

1

ARTICLE X.

2834

2

AMENDMENTS TO THE CONSTITUTION

2835

3

SECTION I ..

2836

4

CONSTITUTION, HOW AMEN0ED

2P 37

5

2841

6

Q~~_~QQ~~il~liQQ. Amendments to this Constitution ~r a new 2642

7 Constitution may be proposed by the General Assembly or by a 2843

d

constitutional convention, as providerl in this article. 2844

9

upon the effective date ~f this Constitution, only

10 amendments which are of general and uniform appl icability 2845

11

throughout the state shall be proposed.,passed, or submitt~d 2846

12 to the people.

13

2848

14

A proposal by the Gener~l 2849

15 Assembly to amend this Constitution or to provide for a new 2850

16 Constitution shall originate as a resolution in either the 2851

17

Senate or the House of Representatives and, if approve1 by

18 two-thirds of the members to which each house is entitled in 2652

19 a roll-call vote entered on their respective journals, shall 2853

20 oe submitted to the electors of the entire state at the next 2854

21

general election which is held in the even-numbered years.

22

A summary of such proposal shall be prepared by the Attornpy 2855

23 General, the Legislative Counsel, and the Secretary of State 2856

24 and shall be pUblished in the official organ of each county

25 and, if deemed advisable by the "Constitutional Amendments

26

. Publi~ation 30ard," in not more.than 20 other newspapers in

2859

27

the state designated by such board which meet the 2860

26 qualifications for being selected as the official organ of a 2861

29 county. Said board shall be composed of the Governor, the

30 Lieutenant Governor, and the Speaker of the Youse of 2862

31

Representatives. Such summary shall be published once each 2863

32

week for three consecutive weeks immediately preceding the 2864

33

day of the general election at which such proposal is to be

34

submitted.

The language to be used in sUbmittinq a 2865

- 90 -

proposed amendment or a new Constitution shall be in such 2866

2

words as the General Assembly may provide in the resolution

3

or, in the absence thereof, in such language as the Governor 2861

4

may prescribe. A copy of th~ entire proposed amendment or 2868

5

of a new Constitution shall be filed in the office of the 2869

b

Judge of the probate court of each county and shall be 2810

1

available for public inspection; and the summary of the 2811

8

proposal shall so indicate. The General Assembly is hereby 2812

9

authorized to provide by law for additional matters relative 2813

10 to the. publication and distribution of proposed amendments

11

and summaries not in conflict with the provisions of this 2874

12 Paragraph.

13

If such proposal is ratified by a majority of the 2816

14 electors qual ified to vote for members of the General 2811

15

Assembly voting thereon in such general election, suCh 2818

16

proposal shall become a part of this Constitution Dr shall

11

become a new Constitution, as the case may be. Any proposal 2619

18

so approved shall take effect as provided in Paragraph VI of 2860

19 this article. When more than one amendment is submitted at 2661

20

the same time, they shall be so submitted as to enable the 28132

21

electors to vote on each amendment separately, provided that 2883

22

one or more new articles or related changes in one or more

23

articles may be SUbmitted as a single amendment.

2884

24

Paragraph III. ~~Q~21_Q[__ 2~~nQ~~nl __ Qf __ ~[QQQ~21.

2866

25

Any proposal by the General Assembly to ~mend this 2681

26

Constitution or for a new Constitution may be ~mended or 2888

27

repealed by the same General Assembly which adopted such 2889

28

proposal by the affirmative vote of two-thirds of the

n

memoers to which each house is entitled in a roll-call vote 2890

30 entered on their respective journals, if such action is 2891

31

taken at least two months prior to the date of the election

32

at which such proposal is to be submitted to the people.

2892

33

Paragraph IV. ~Qn2!i!~!iQn21 QQ~~QliQQi ~Q~ 2894

34

2l!~Q. No convention of the people shall De called by the 2895

35

General Assembly to amend this Constitution or to propose a 2896

- 91 -

new Constitution. unless by the concurrence of two-thirds of 2897

2

the members to which each house of the General Assembly is

3

entitled. The representation in said convention shall be 2898

4

based on population as near as practicable. A pr~p05al by 2899

5

the convention to amend this Constitution or for a npw 2900

6

Constitution shall be advertised. submitted to. and ratified

7 Dy the people in the same manner provided for advertisement. 2901

8

submission. and ratification of proposals to amend the 2902

9

Constitution by the General Assembly. The General Assembly 2903

10

is hereby authorized to provide the procedure by which a 2904

11 convention is to be called and under which such convention

12

shall op~rate and for other matters relative to such 2905

13 constitutional convention.

14

Paragraph V. ~glQ__ QQ1__ ~r~illgQ.

The Governor 2907

15

shall not have the right to veto any proposal by the Gener~l 2908

16

Assembly or by a convention to amend this Constitution.or to 2909

17

provide a new Constitution.

18

Paragraph VI. ftli~~_Q~lg_Qf_~~2QQm~Gl~_Qr_Qf_~ 2911

19

Q~~

~QGilil~liQQ.

Unless the amendment or the new 2912

20 Constitution itself or the resolution proposing the 2913

21

amendment or the new Constitution shall prOVide otherwise.

22

an amendment to this Constitution or a new Constitution 2914

23

shall become effective on the first day of January following 2915

24

its ratification.

- 92 -

1

ARTI:LE XI.

2918

2

MISCELLANEQUS PROVISIONS

2919

3

SECTION I.

2920

4

MISCELLANEOUS PROVISIONS

2921

5

Paragraph I.

__ ~Qn~in~2~iQn Qf __ Qffi~[~~_2Q2[Q~~

2925

6

__ Qmmi~~iQ~~1_2n2 2~lbQ[ili~~'

(a) Except as otherwise 2926

7 provided in this Constitution. the officers of the state and 2927

8 all political subdivisions thereof in office on June 30.

9

1983. shall continue in the exercise of their functions and 2928

10 duties. subject to the provisions of laws applicable thereto 2929

11 and subject to the provisions of this Constitution.

2930

12

(b) All boards. commissions. and authorities 2932

13

specifically named in the Constitution of 1976 which are not 2933

14 specifically named in this Constitution shall remain as 2934

15

statutory boards. commissions. and authoritips; and all 2935

16 constitutional and statutory provisions relating thereto in

17

force and effect on June 30. 1983. shall remain in force and

18 effect as statutory law unless and until changed by the

19 General Assembly.

20

Paragraph II. __ ~r~~r~21iQn Qf__~i~tin~ 12~~l 2939

21

1~2ii21 __ r~~i~~. All laws in force and effect on June 30. 2940

22

1983. not inconsistent with this Constitution shall remain 2941

23

in force and effect; but such laws may be amended or 2942

24

repealed and shall be sUbject to judicial decision as to 2943

25

their validity when passed and to any limitations imposed by 2944

26

their own terms.

27

Para]raph III.

Qf ErQf~2ing~

fQ~[t~

1nQ

2946

28

2Qmini~lL2ti~_tLiQ~n2!~_fQnfiLIDQ'

All jUdgments. decrees.

2947

29 orders. and other proceedings of the several courts and 2948

30

ad~inistrative tribunals of this state. heretofore made

31

within the limits of their several jurisdictions. are hereby 2949

32

ratified and affirmed. subject only to reversal or 2950

33

modification in the manner provided by law.

- 93 -

1

Paragraph

IV.

~QGtiD~gliQD

Qf

f~[12iD

2952

2

fQD~tii~iiQD~1_2~~D9~~Di~_fQ[_2_Q~[iQQ_Qf_fQ~[ __ ~~2[~'

(a)

2953

3

The follo~ing amendments to the Constitutions of 1877, 194~. 2954

4 and 1976 shall continue in force and effect as part of this

5

Constitution until July 1, 1981, at which ti~e s3id 2955

6

amendments and laws enacted in pursuance thereof shall be 2956

7 repealed and said amendments shall be deleted as a part of 2957

8

this Constitution, unless any such amendment shall be 2958

9

specifically continued in force and effect without amendment

10 pursuant to the provisions of a local law enacted Jrior to 2959

11

July 1, 1~87, with or without a referendu~ as pr~vided by 2960

12

ld~: (1) amendments to the Constitution of 1877 and the 29hl

13

Constitution of 1945 whicn ~ere continued in force and

14

effect as d part of the Constitution of 1?76 pursuant to the 2962

15

provisi~ns of Article XIII, Section I, Paragraph II of the 2963

16

Constitution of 1976 which are in force and effect on the 2964

11 effective date of this Constitution; (2) lmendments. to tt,e 2965

18 Constitution of 1976 which were ratified as general

19 amendments but which by their terms appl ied principally to a 2966

20 particular political subdivision or subdivisions which are 2967

21

in force and effect on the effective date of this 2968

22

Constitution; (3) amendments to the Constitution of 1976

23

which were ratified not as general amendments which are in 2969

24 force and effect on the effective date of this Constitution; 2970

25

and (4) amendments to the Constitution of 1976 of the tyoe 2971

26 provided for in the immediately preceding two subparagraPhS

27

(2) and (3) of this Paragraph which were ratified at the 2972

28

same time this Constitution was ratified.

2973

29

(b) Any amendment whiCh is continued in force and 2975

30 effect after July 1, 1981, by a law enacted pursuant to the 2976

31

provisions of SUbparagraph (a) of this Paragraph and any 2977

32

law, as it existed on July 1, 1987, validly enacted pursuant

33

to the specific authorization of any such amendment shall be 2978

34

leual, val id, and constitutional under this Constitution. 2979

35

Any law enacted pursuant to the provisions of subparagraph 2980

- 94 -

1

(a) of this Paragraph may thereafter be repealed but may not 2981

2

be amended.

3

Paragraph V.

~Qgigl

Q~miiiiQQ

[g~!gQ.

2983

4

Amendments to the Constitution of 1976 which were determined 2984

5

to be gener~l and which were sUbmitted to and ratified by 2985

<>

the people of the entire state at the same time this

7

Constitution was ratified shall be incorporated and made a 2986

8

part of this Constitution as prOVided in this Paragraph. 2987

9

There is hereby created a commission to be composed of the 2988

10

President of the Senate. the Speaker of the House of 2989

11

~epresentatives, the Attorney General, the Secretary of

12

State, and the Legislative Counsel, which is hereby 2990

13

authorized and directed to .incorporate such amendments into 2991

14

this Constitution at the places deemed most appropriate to

15

the commission. The commission shall make only such ch~nges 2992

16

in the language of this Constitution and of such amendments 2993

17

as are necessary to incorporate properly such amendments 2994

18

into this Constitution and shall complete its duties prior

19

to July 1, 1983. The commission shall del iver to the 2995

20

Secretary of State this Constitution with those amendments 2996

21

incorporated therein. and such document shall be the 2997

22

Constitution of the State of Georgia of 1982. In order that

23

the commission may perform its duties, this Paragraph shall 2998

24

become effective as soon as it has been officially 2999

25

determined that this Constitution has been ratified. The 3000

26

commission shall stand abolished upon the completion of its

27

duties.

28

Paragraph VI. ffgii~~_~~i~. Except as provided 3002

29

in Paragraph III of this section, this Constitution shall 3003

30

become effective on July 1. 1983; and, except as otherwise 3004

31

provided in this Constitution, all previous Constitutions 3005

32

and all amendments thereto shall thereupon stand repealed.

- ~5 -