Bill Text: GA HR6 | 2011-2012 | Regular Session | Introduced
Bill Title: Judicial Qualifications Commission; remove discipline power; vested in General Assembly - CA
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - House Second Readers [HR6 Detail]
Download: Georgia-2011-HR6-Introduced.html
11 LC
14 0357
House
Resolution 6
By:
Representative Franklin of the
43rd
A
RESOLUTION
Proposing
an amendment to the Constitution of the State of Georgia so as to remove the
power of the Judicial Qualifications Commission to remove and discipline judges;
to provide that actions by the commission shall be advisory only; to provide
that the power to remove and discipline judges is vested exclusively in the
elected General Assembly; to provide for submission of this amendment for
ratification or rejection; and for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
VI, Section VII of the Constitution is amended by revising Paragraphs VI, VII,
and VIII as follows:
"Paragraph
VI.
Judicial
Qualifications Commission; power;
composition. The power to discipline,
remove, and cause involuntary retirement of judges shall be vested in the
General
Assembly acting through its impeachment power.
The Judicial Qualifications Commission
may recommend
such actions to the General Assembly.
It
The
commission shall consist of seven members,
as follows:
(1)
Two judges of any court of record, selected by the Supreme Court;
(2)
Three members of the State Bar of Georgia who shall have been active status
members of the state bar for at least ten years and who shall be elected by the
board of governors of the state bar; and
(3)
Two citizens, neither of whom shall be a member of the state bar, who shall be
appointed by the Governor.
Paragraph
VII.
Discipline,
removal, and involuntary retirement of
judges. (a) Any judge may be removed,
suspended, or otherwise disciplined
by the General
Assembly through its power of impeachment
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, or for conduct prejudicial to the
administration of justice which brings the judicial office into disrepute.
Any
The General
Assembly may likewise under the same procedures retire
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
for the
Judicial Qualifications Commission to recommend such actions to the General
Assembly.
(b)(1)
Upon indictment for a felony by a grand jury of this state or by a grand jury of
the United States of any judge, the Attorney General or district attorney shall
transmit a certified copy of the indictment to the Judicial Qualifications
Commission. The commission shall, subject to subparagraph (b)(2) of this
Paragraph, review the indictment, and, if it determines that the indictment
relates to and adversely affects the administration of the office of the
indicted judge and that the rights and interests of the public are adversely
affected thereby, the commission shall
recommend that
the General Assembly suspend the judge
immediately and without further action pending the final disposition of the case
or until the expiration of the judge's term of office, whichever occurs first.
During the term of office to which such judge was elected and in which the
indictment occurred, if a nolle prosequi is entered, if the public official is
acquitted, or if after conviction the conviction is later overturned as a result
of any direct appeal or application for a writ of certiorari, the judge shall be
immediately reinstated to the office from which he
or
she was suspended. While a judge is
suspended under this subparagraph and until initial conviction by the trial
court, the judge shall continue to receive the compensation from his
or
her office. After initial conviction by
the trial court, the judge shall not be entitled to receive the compensation
from his or
her office. If the judge is reinstated to
office, he or
she shall be entitled to receive any
compensation withheld under the provisions of this subparagraph. For the
duration of any suspension under this subparagraph, the Governor shall appoint a
replacement judge. Upon a final conviction with no appeal or review pending,
the office shall be declared vacant and a successor to that office shall be
chosen as provided in this Constitution or the laws enacted in pursuance
thereof.
(2)
The commission shall not review the indictment for a period of 14 days from the
day the indictment is received. This period of time may be extended by the
commission. During this period of time, the indicted judge may, in writing,
authorize the commission to suspend him
or
her from office. Any such voluntary
suspension shall be subject to the same conditions for review, reinstatement, or
declaration of vacancy as are provided in this subparagraph for a nonvoluntary
suspension.
(3)
After any suspension is imposed under this subparagraph, the suspended judge may
petition the commission for a review. If the commission determines that the
judge should no longer be suspended, he shall immediately be reinstated to
office.
(4)
(3)
The findings and records of the commission and the fact that the public official
has or has not been suspended shall not be admissible in evidence in any court
for any purpose. The findings and records of the commission shall not be open
to the public.
(5)
The provisions of this subparagraph shall not apply to any indictment handed
down prior to January 1,
1985.
(6)(5)
If a judge who is suspended from office under the provisions of this
subparagraph is not first tried at the next regular or special term following
the indictment, the suspension shall be terminated and the judge shall be
reinstated to office. The judge shall not be reinstated under this provision if
he or
she is not so tried based on a continuance
granted upon a motion made only by the defendant.
(c)
Upon initial conviction of any judge for any felony in a trial court of this
state or the United States, regardless of whether the judge has been suspended
previously under subparagraph (b) of this Paragraph, such judge shall be
immediately and without further action suspended from office. While a judge is
suspended from office under this subparagraph, he
or
she shall not be entitled to receive the
compensation from his
or
her office. If the conviction is later
overturned as a result of any direct appeal or application for a writ of
certiorari, the judge shall be immediately reinstated to the office from which
he or
she was suspended and shall be entitled to
receive any compensation withheld under the provisions of this subparagraph.
For the duration of any suspension under this subparagraph, the Governor shall
appoint a replacement judge. Upon a final conviction with no appeal or review
pending, the office shall be declared vacant and a successor to that office
shall be chosen as provided in this Constitution or the laws enacted in
pursuance thereof.
The
provisions of this subparagraph shall not apply to any conviction rendered prior
to January 1, 1987.
Paragraph
VIII.
Due
process;
review
by Supreme
Court
inherent
power of the General
Assembly.
(a)
No
action
recommendation
by the commission shall be
taken
made
against a judge 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.
(b)
Nothing in Paragraphs VI and VII of this section shall limit the inherent power
of the General Assembly to exercise the power of impeachment without
recommendation by the Judicial Qualifications
Commission."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide that the power to remove
and discipline judges is vested exclusively in the elected members of the
General Assembly?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.
