Georgia 2025-2026 Regular Session

Georgia House Bill HB180 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 48 1401~~/AP~~
2		-	House Bill 180 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 48 1401
	2	+	House Bill 180
3	3		By: Representatives Smith of the 18
4	4		th
5	5		, Scoggins of the 14
6	6		th
7	7		, Kelley of the 16
8	8		th
9	9		, Hong of the
10	10		103
11	11		rd
12	12		, Gunter of the 8
13	13		th
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to
18	18		1
19	19		probate courts, so as to modify certain requirements for probate judges; to provide for related2
20	20		matters; to repeal conflicting laws; and for other purposes.3
21	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
22	22		SECTION 1.5
23	23		Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts,6
24	24		is amended by revising Code Section 15-9-4, relating to additional judicial eligibility7
25	25		requirements in certain counties, as follows:8
26	26		"15-9-4.9
27	27		(a) No individual elected judge of the probate court in any county provided for in this10
28	28		Code section shall engage in the private practice of law.11
29	29		(b)(1)
30	30		Except as otherwise provided by subsection (c) of this Code section, in any county12
31	31		of this state having a population of more than 90,000 persons according to the United13
32	32		States decennial census of 2010 or any future such census and in which the probate court14
33	33		of such county meets the definition of a probate court as provided by Article 6 of this15
34	34		H. B. 180
35		-	- 1 - 25 LC 48 1401~~/AP~~
	35	+	- 1 - 25 LC 48 1401
36	36		chapter, no individual shall be judge of the probate court unless at the time of election16
37	37		qualification, in addition to the qualifications required by law, he or she:17
38	38		(A) Has has attained the age of 30 years,;18
39	39		(B) Has has been admitted to practice law for seven years; and preceding election,19
40	40		(C) Is is a member in good standing with the State Bar of Georgia, and has been duly20
41	41		reinstated to the practice of law in the event of his or her disbarment therefrom.21
42	42		(2) In addition to and not in lieu of the affidavit required to be filed at qualification22
43	43		pursuant to paragraph (2) of subsection (a) of Code Section 15-9-2, each individual23
44	44		offering as a candidate for the office of judge of the probate court in any county of this24
45	45		state to whom paragraph (1) of this subsection is applicable shall file a supplemental25
46	46		affidavit with the officer before whom such individual has qualified to seek the office of26
47	47		judge of the probate court prior to or at the time of qualifying as a candidate. The27
48	48		supplemental affidavit shall affirm that the individual meets all the qualifications required28
49	49		by subparagraphs (A), (B), and (C) of paragraph (1) of this subsection.29
50	50		(c) A judge of the probate court holding such office on or after June 30, 2000, shall30
51	51		continue to hold such office and shall be allowed to seek reelection for such office. 31
52	52		Notwithstanding the requirement that in certain counties the judge of the probate court be32
53	53		admitted to practice law for seven years preceding election, no decision, judgment, ruling,33
54	54		or other official action of any judge of the probate court shall be overturned, denied, or34
55	55		overruled based solely on this requirement for qualification, election, and holding the office35
56	56		of judge of the probate court."36
57	57		SECTION 2.37
58	58		All laws and parts of laws in conflict with this Act are repealed.38
59	59		H. B. 180
60	60		- 2 -