Memorandum

To:	Chief Judge Gary B. Andrews
From:	William L. Martin, III
Subject:	Judicial Conclave
Date:	December 11, 1997

Attached please find a report on the legislation that is of interest to the Court of Appeals in the upcoming session of the Georgia General Assembly.

LEGISLATIVE INITIATIVES

TO THE

COURT OF APPEALS OF GEORGIA

1998

HB 525	Representatives Martin of the 42nd and Barnes of the 33rd.

Provides a motion for reconsideration will not extend the time to file the certificate of immediate review in interlocutory application.

Status - Read twice in the House. Remains active for the second year of the two-year session.

SB 78	Senator Oliver of the 42nd , et al

Adds three more judges to the Court of Appeals.

Status - Passed Senate; read twice in the House. Remains active for the second year of the two-year legislative session.

SB 369	Senator Ralston of the 51st

Provides an increase in compensation for senior judges serving as judges of the appellate courts from $165.00 to $300.00 per day.

Status - House Committee Substitute increased compensation for senior judges serving in any court. Must go back to the Senate for their agreement or disagreement to the House Committee Substitute.

SB 370	Senator Ralston of the 51st

Adds Prisoner Litigation Reform Act cases to the list of discretionary applications under Section 5-6-35.

Status - Passed Senate; read twice in the House.

Proposed Legislation for 1998 Session of the Georgia General Assembly.

The Court of Appeals will introduce a bill to amend O.C.G.A. §15-3- 1(b) to provide that:

Divisions. The Court shall sit in no fewer than three Divisions composed of three judges in each Division. Two judges shall constitute a quorum of a Division. The assignment of judges to each Division shall be made by the Chief Judge, and the personnel of the Division shall from time to time be changed in accordance with the rules prescribed by the Court. The Chief Judge shall designate the presiding judges of the Divisions and shall, under rules prescribed by the Court, distribute the cases among the Divisions in such a manner as to equalize their workload as far as practicable.

The purpose of this change is to give the Court the flexibility to operate in more than three Divisions or panels.

The Court proposes to amend Section 5-6-39 regarding extensions of time for filing Notice of Appeal. Section 15-6-39(a) provides that "any judge of the Court may, at its discretion, and without motion or notice to the other party, grant extensions of time for the filing of: (1) Notice of Appeal, (2) Notice of Cross Appeal, etc".