Georgia 2025-2026 Regular Session

Georgia House Bill HB304 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 47 3598S
2		-	The Senate Committee on Judiciary offered the following
3		-	substitute to HB 304:
	1	+	25 LC 48 1432
	2	+	House Bill 304
	3	+	By: Representatives Yearta of the 152
	4	+	nd
	5	+	, Gullett of the 19
	6	+	th
	7	+	, Gunter of the 8
	8	+	th
	9	+	, Kelley of the
	10	+	16
	11	+	th
	12	+	, Reeves of the 99
	13	+	th
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to1
7		-	municipal courts, so as to provide for the office of senior municipal court judge; to provide2
8		-	for qualifications, application and approval procedures, and amenities and privileges of such3
9		-	judges; to preserve local actions establishing senior judges for particular municipal courts;4
10		-	to create the Georgia Municipal Court Clerks' Council; to provide for definitions; to provide5
11		-	for the membership, powers, and duties of the council; to provide for funding of the council;6
12		-	to provide for the status of the council and its members; to provide for related matters; to7
13		-	repeal conflicting laws; and for other purposes.8
14		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15		-	SECTION 1.10
16		-	Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal11
17		-	courts, is amended in Code Section 36-32-40, relating to creation of council, membership and12
18		-	organization, purpose, expenses, contracts, assistance to council, members not ineligible to13
19		-	hold office of judge and notifications, by revising subsection (a) as follows:14
20		-	"(a) There is created a council of municipal court judges to be known as the 'Council of15
21		-	Municipal Court Judges of Georgia.' The council shall be composed of the judges of the16
22		-	- 1 - 25 LC 47 3598S
23		-	municipal courts of this state together with the senior municipal court judges of this state17
24		-	as provided for in Code Section 36-32-42. The council is authorized to organize itself and18
25		-	to develop a constitution and bylaws. The officers of said council shall consist of a19
26		-	president, a first vice president, a second vice president, a secretary, a treasurer, and such20
27		-	other officers as the council shall deem necessary. The council shall have an executive21
28		-	committee composed of two representatives from each judicial administrative district."22
29		-	SECTION 2.23
30		-	Said chapter is further amended by adding a new Code section to read as follows:24
31		-	"36-32-42.25
32		-	(a) There is created the office of senior municipal court judge of this state. Any former26
33		-	judge of a municipal court of this state or any former judge of a court of this state27
34		-	exercising municipal court jurisdiction may apply to become a senior municipal court judge28
35		-	if such former judge is no longer serving as a municipal court judge and had previously29
36		-	served in such capacity for an aggregate period of not less than ten years. The president30
37		-	of the Council of Municipal Court Judges, shall prescribe the form for such applications,31
38		-	review applications, and notify applicants as to whether or not he or she will be appointed32
39		-	as a senior municipal court judge. The approval or denial of an application shall be made33
40		-	within 30 days of the submission of such application.34
41		-	(b)(1) A senior municipal court judge appointed pursuant to subsection (a) of this Code35
42		-	section shall:36
43		-	(A) Comply with the mandatory training required by subsection (c) of Code Section37
44		-	36-32-27 in order to maintain the status as a certified municipal court judge or a38
45		-	certified judge of a court exercising municipal court jurisdiction;39
46		-	(B) Be licensed to practice law in the State of Georgia; and40
47		-	(C) Be an active member in good standing of the State Bar of Georgia.41
48		-	- 2 - 25 LC 47 3598S
49		-	(2) Any former municipal court judge who is not licensed to practice law in this state42
50		-	may apply for senior municipal court judge status if such former judge otherwise meets43
51		-	the qualifications required by Code Section 36-32-1.1.44
52		-	(c) A senior municipal court judge shall not be required to pay any support or registration45
53		-	fees related to the mandatory training required by subparagraph (b)(1)(A) of this Code46
54		-	section, but such judge shall be responsible for all other costs attendant to said mandatory47
55		-	training.48
56		-	(d) Senior municipal court judges shall enjoy all of the amenities and privileges of judges49
57		-	of other classes of courts of this state that are otherwise accorded to municipal court judges. 50
58		-	Senior municipal court judges shall not be required to sit as a judge in any court or be51
59		-	required to comply with the requirements of subsection (b) of this Code section in order52
60		-	to enjoy the amenities and privileges accorded pursuant to this Code section.53
61		-	(e) This Code section shall not supersede any local law, Act, ordinance, resolution, or54
62		-	other official action by a municipality establishing the office of senior judge of a particular55
63		-	municipal court."56
64		-	SECTION 3.57
65		-	Said chapter is further amended by adding a new article to read as follows:58
66		-	"ARTICLE 459
67		-	36-32-50.60
68		-	(a) As used in this Code section, the term:61
69		-	(1) 'Council' means the Georgia Municipal Court Clerks' Council.62
70		-	(2) 'Municipal court staff' means the primary person most directly responsible for the63
71		-	administration of a municipal court, other than a judge of the municipal court, and his or64
72		-	her support staff.65
73		-	- 3 - 25 LC 47 3598S
74		-	(b) There is created the Georgia Municipal Court Clerks' Council. The council shall be66
75		-	composed of the municipal court staff of all municipal courts within this state. The council67
76		-	is authorized to organize itself and to develop a constitution and bylaws. The council is68
77		-	authorized to elect such officers, including an executive committee, as it shall deem69
78		-	advisable to carry out its duties and responsibilities. The council is authorized to appoint70
79		-	advisory committees and establish the membership and duties thereof. In addition to the71
80		-	members of the council, the council is authorized to provide for special classes of72
81		-	nonvoting memberships for honorary members and those persons who have retired from73
82		-	positions involving the administration and management of municipal courts.74
83		-	(c) It shall be the purpose of the council to effectuate the responsibilities conferred upon75
84		-	it by law, to further the improvement of the municipal courts and the administration of76
85		-	justice, to assist the municipal court staff throughout the state in the execution of their77
86		-	duties, and to promote and assist in the training of municipal court staff.78
87		-	(d) Expenses of the administration of the council shall be paid from state funds79
88		-	appropriated for such purpose and from other appropriate sources.80
89		-	(e) The council shall be a legal entity and an agency of the State of Georgia; shall have81
90		-	perpetual existence; may contract; may own property; may accept funds, grants, and gifts82
91		-	from any public or private source for use in defraying the expenses of the council; may83
92		-	adopt and use an official seal; may establish a principal office; may employ such84
93		-	administrative or clerical personnel as may be necessary and appropriate to fulfill its85
94		-	necessary duties; and shall have other powers, privileges, and duties as may be reasonable86
95		-	and necessary for the proper fulfillment of its purposes and duties.87
96		-	(f) A member of the council shall not be ineligible to hold the office of municipal court88
97		-	staff by virtue of his or her position as a member of the council and membership in the89
98		-	council shall not constitute the holding of a public office."90
99		-	- 4 - 25 LC 47 3598S
100		-	SECTION 4.91
101		-	All laws and parts of laws in conflict with this Act are repealed.92
102		-	- 5 -
	17	+	To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to
	18	+	1
	19	+	municipal courts, so as to create the Georgia Municipal Court Clerks' Council; to provide for2
	20	+	definitions; to provide for the membership, powers, and duties of the council; to provide for3
	21	+	funding of the council; to provide for the status of the council and its members; to provide4
	22	+	for related matters; to repeal conflicting laws; and for other purposes.5
	23	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
	24	+	SECTION 1.7
	25	+	Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal8
	26	+	courts, is amended by adding a new article to read as follows:9
	27	+	"ARTICLE 4
	28	+	10
	29	+	36-32-50.11
	30	+	(a) As used in this Code section, the term:12
	31	+	(1) 'Council' means the Georgia Municipal Court Clerks' Council.13
	32	+	H. B. 304
	33	+	- 1 - 25 LC 48 1432
	34	+	(2) 'Municipal court staff' means the primary person most directly responsible for the14
	35	+	administration of a municipal court, other than a judge of the municipal court, and his or15
	36	+	her support staff.16
	37	+	(b) There is created the Georgia Municipal Court Clerks' Council. The council shall be17
	38	+	composed of the municipal court staff of all municipal courts within this state. The council18
	39	+	is authorized to organize itself and to develop a constitution and bylaws. The council is19
	40	+	authorized to elect such officers, including an executive committee, as it shall deem20
	41	+	advisable to carry out its duties and responsibilities. The council is authorized to appoint21
	42	+	advisory committees and establish the membership and duties thereof. In addition to the22
	43	+	members of the council, the council is authorized to provide for special classes of23
	44	+	nonvoting memberships for honorary members and those persons who have retired from24
	45	+	positions involving the administration and management of municipal courts.25
	46	+	(c) It shall be the purpose of the council to effectuate the responsibilities conferred upon26
	47	+	it by law, to further the improvement of the municipal courts and the administration of27
	48	+	justice, to assist the municipal court staff throughout the state in the execution of their28
	49	+	duties, and to promote and assist in the training of municipal court staff.29
	50	+	(d) Expenses of the administration of the council shall be paid from state funds30
	51	+	appropriated for such purpose and from other appropriate sources.31
	52	+	(e) The council shall be a legal entity and an agency of the State of Georgia; shall have32
	53	+	perpetual existence; may contract; may own property; may accept funds, grants, and gifts33
	54	+	from any public or private source for use in defraying the expenses of the council; may34
	55	+	adopt and use an official seal; may establish a principal office; may employ such35
	56	+	administrative or clerical personnel as may be necessary and appropriate to fulfill its36
	57	+	necessary duties; and shall have other powers, privileges, and duties as may be reasonable37
	58	+	and necessary for the proper fulfillment of its purposes and duties.38
	59	+	H. B. 304
	60	+	- 2 - 25 LC 48 1432
	61	+	(f) A member of the council shall not be ineligible to hold the office of municipal court39
	62	+	staff by virtue of his or her position as a member of the council and membership in the40
	63	+	council shall not constitute the holding of a public office."41
	64	+	SECTION 2.42
	65	+	All laws and parts of laws in conflict with this Act are repealed.43
	66	+	H. B. 304
	67	+	- 3 -