Time and Place of Holding Court Generally; Habeas Corpus and Other Nonjury Proceedings; Satellite Courthouses

1. Law
2. Georgia Code
3. Courts
4. Superior Courts
5. General Provisions
6. Time and Place of Holding Court Generally; Habeas Corpus and Other Nonjury Proceedings; Satellite Courthouses

1. One or more of the judges of the superior courts must hold the superior court of each circuit at the county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, however, that, in any county in which a state correctional institution, county correctional institution, or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail in a suitable room at the institution. Nothing in this subsection shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail nor to establish any right of any inmate of any such correctional institution to have any habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such correctional institutions.
2. Notwithstanding any other provision of law to the contrary, in a county where the county site is located in an unincorporated area of the county, the county governing authority may construct one or more permanent satellite courthouses within the county and designate each such structure as a courthouse annex or otherwise establish each such structure as an additional courthouse to the courthouse located at the county site. The judges of the superior court in such county may hold sessions of superior court and conduct all other superior court business at the additional courthouse locations or at the courthouse at the county site. One or more of the judges of the superior court must hold a session of superior court at the county site not less than twice each year. All actions taken by a superior court judge at any additional courthouse in accordance with this subsection shall be fully valid and binding as though taken and performed at the county site.

(Laws 1799, Cobb's 1851 Digest, p. 457; Code 1863, §§ 237, 3161; Code 1868, §§ 237, 3173; Code 1873, §§ 241, 3241; Code 1882, §§ 241, 3241, 5146; Civil Code 1895, §§ 4315, 4340; Penal Code 1895, § 793; Civil Code 1910, §§ 4839, 4871; Penal Code 1910, § 793; Code 1933, §§ 24-2609, 24-3001; Ga. L. 1985, p. 440, § 1; Ga. L. 1986, p. 318, § 1; Ga. L. 1998, p. 1159, § 1.)

Cross references.

- Frequency of holding court, Ga. Const. 1983, Art. VI, Sec. I, Para. VI.

Length of terms of courts, § 15-6-19.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided prior to the amendment to Code Section 15-6-19 passed by Ga. L. 1972, p. 713, which changed the terms of court, are included in the annotations for this Code section.

Judgment not void if rendered at courthouse but not in regular court room. Walton v. Wilkinson Bolton Co., 158 Ga. 13, 123 S.E. 103 (1924) (decided prior to passage of Ga. L. 1972, p. 713).

Local Acts may provide for varying number of sessions. Burge v. Mangum, 134 Ga. 307, 67 S.E. 857 (1910); Spooner v. Coachman, 18 Ga. App. 705, 90 S.E. 373 (1916); Geer v. Bush, 146 Ga. 701, 92 S.E. 47 (1917) (decided prior to passage of Ga. L. 1972, p. 713).

Notice must be taken of meetings and adjournments of superior court. Rawson v. Powell, 36 Ga. 255 (1867) (decided prior to passage of Ga. L. 1972, p. 713).

Notice requirement rule applies though there may be no judge for circuit which embraces that place. Rutledge v. Bullock, 44 Ga. 23 (1871) (decided prior to passage of Ga. L. 1972, p. 713).

Limitation on place of holding court.

- Judges of the superior courts must hold the superior courts of each circuit at the county site and courthouse (if any) of each county, or other place therein designated by law; and orders passed in one county on matters over which the superior court of another county has jurisdiction are mere nullities. Goodman v. Little, 96 Ga. App. 110, 99 S.E.2d 517 (1957) (decided prior to passage of Ga. L. 1972, p. 713).

Superior court without power on appeal in another county.

- When certain appeals from the court of ordinary (now probate court) of one county are entered to the superior court of that county, the trial court is without jurisdiction to pass orders, or to hold hearings concerning such appeals in another county, and when upon appeal to the Court of Appeals error is assigned on such procedure, the orders so entered will be reversed. Goodman v. Little, 96 Ga. App. 110, 99 S.E.2d 517 (1957) (decided prior to passage of Ga. L. 1972, p. 713).

Effect of sitting in wrong county.

- Charter granted by a court sitting in a county other than the one prescribed by law is void. Rogers v. Toccoa Power Co., 161 Ga. 524, 131 S.E. 517, 44 A.L.R. 534 (1926) (decided prior to passage of Ga. L. 1972, p. 713).

Grand jury is but an arm of superior court which sits within the county. Gates v. State, 73 Ga. App. 824, 38 S.E.2d 311 (1946) (decided prior to passage of Ga. L. 1972, p. 713).

Two superior courts not open on same day when one adjourning.

- If the Superior Court of Pike County is adjourned on the third Monday in October and the Superior Court of Henry County is open on the same day, both being in the same circuit, the two courts are not in session at the same time. Perdue v. State, 134 Ga. 300, 67 S.E. 810 (1910) (decided prior to passage of Ga. L. 1972, p. 713).

Cited in Zugar v. State, 194 Ga. 285, 21 S.E.2d 647 (1942); Cadle v. State, 101 Ga. App. 175, 113 S.E.2d 180 (1960); Pruitt v. State, 123 Ga. App. 659, 182 S.E.2d 142 (1971); Dozier v. Norris, 241 Ga. 230, 244 S.E.2d 853 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 16 et seq.

C.J.S.

- 21 C.J.S., Courts, § 149 et seq.

ALR.

- Place of holding sessions of trial court as affecting validity of its proceedings, 18 A.L.R.3d 572.

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