25 LC 47 3176
House Bill 85
By: Representatives Leverett of the 123
rd
, Efstration of the 104
th
, Burchett of the 176
th
, Hong
of the 103
rd
, Gunter of the 8
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 6 of Title 15 the Official Code of Georgia Annotated, relating
1
to general provisions concerning superior courts, so as to modify provisions regarding the2
compensation received by superior court judges; to provide procedures for superior court3
judges to opt to receive compensation pursuant to such revised procedures; to provide for4
grandfathering of certain judges so as to not reduce the compensation paid to such judges;5
to authorize locality pay by counties to superior court judges in lieu of county salary6
supplements; to abolish most county salary supplements provided to superior court judges;7
to authorize the continuation of county salary supplements for chief judges; to authorize8
continuation of fringe benefits provided by counties to superior court judges; to preserve9
existing rights and obligations related to retirement benefits provided by counties to superior10
court judges; to provide for retirement benefits relative to optional locality pay; to amend11
Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries12
of certain state officials and cost-of-living adjustments, so as to revise provisions relating to13
calculating and setting the salaries of superior court judges; to provide a definition; to amend14
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,15
so as to suspend the operation of local laws or local ordinances or resolutions that use a16
superior court judge's salary for the calculation of the salary or compensation of other17
officers, officials, or employees; to provide for an automatic lifting of such suspension18
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relative to judges; to preserve the authority of the General Assembly to amend or repeal such
19
suspended local laws; to preserve the authority of local governments to use other20
mechanisms to change salary calculation during such suspension; to provide for legislative21
construction; to provide for a definition; to provide a short title; to provide for an effective22
date; to provide for related matters; to repeal conflicting laws; and for other purposes.23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
SECTION 1.25
This Act shall be known and may be cited as the "Superior Court Judicial Compensation26
Reform Act."27
SECTION 2.28
Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to29
general provisions concerning superior courts, is amended by revising Code Section 15-6-29,30
relating to salary of judges, as follows:31
"15-6-29.32
(a) Except as provided for in subsection (b) of this Code section, the
The annual salary of33
the judges of the superior courts shall be as provided in Code Section 45-7-4 and may be34
as provided in Code Section 15-6-29.1. The annual salary provided by Code35
Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 1236
equal monthly installments.37
(b)(1) Each superior court judge in office on July 1, 2025, shall have the option to38
receive the annual salary provided by Code Section 45-7-4 and any locality pay provided39
for by Code Section 15-6-29.2. The option provided by this paragraph shall be exercised40
by such judge filing a written notification thereof with The Council of Superior Court41
Judges of Georgia and the governing authority of each county comprising such judge's42
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judicial circuit. The failure to exercise the option shall be an election to continue to43
receive compensation as previously calculated and as outlined in paragraph (2) of this44
subsection, and until such option is exercised. The option exercised pursuant to this45
paragraph shall go into effect the next pay period at least five business days following the46
exercise of such option.47
(2) To ensure that no superior court judge in office on July 1, 2025, has his or her salary,48
allowance, or county salary supplements decreased during his or her term of office, any49
superior court judge in office on July 1, 2025, who does not exercise the option provided50
by paragraph (1) of this subsection shall continue to be compensated in precisely the51
same manner as he or she was compensated as of June 30, 2025, including, but not52
limited to, county supplements.53
(c) The annual salary shall be the total compensation to be paid by the state to the superior54
court judges and shall be in lieu of any and all other amounts to be paid from The Council55
of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1,56
15-6-29.2, 15-6-30, and 15-6-32.57
(c) When a new superior court judgeship is created by law for any judicial circuit, the new58
superior court judge shall upon taking office become entitled to and shall receive from the59
county or counties comprising the circuit the same county salary supplement, if any, then60
in effect for the other judge or judges of the judicial circuit. Such salary supplement for61
such new judge shall be authorized by this subsection and no other legislation or local62
legislation shall be required in order to authorize such salary supplement, but nothing in63
this Code section shall be construed to prohibit the enactment of local legislation relating64
to such salary supplements. A publication of notice of intention to introduce local65
legislation as provided for in Code Section 28-1-14 shall be required for any local66
legislation granting, changing the amount of, or removing a salary supplement; but no67
publication of notice of intention shall be required for a bill creating one or more new68
superior court judgeships."69
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SECTION 3.
70
Said article is further amended in Code Section 15-6-29.1, relating to accountability court71
supplement and limitation, by repealing subsection (c) in its entirety.72
SECTION 4.73
Said article is further amended by adding a new Code section to read as follows:74
"15-6-29.2.
75
(a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2025,76
the county or counties comprising a judicial circuit may provide each judge of such circuit77
with locality pay which shall not exceed 10 percent of the state annual salary provided by78
Code Section 45-7-4 to such judge. All such locality pay shall be in lieu of and not in79
addition to any county salary supplements previously provided by the county or counties.80
All judges within a judicial circuit who are in office as of July 1, 2025, and elect to exercise81
the option provided by paragraph (1) of subsection (b) of Code Section 15-6-29, or who82
take office after July 1, 2025, shall receive equal locality pay from any given county within83
such circuit that has opted to provide such pay.84
(b)(1) In no event shall the annual locality pay provided to a judge by the county or85
counties comprising a judicial circuit in aggregate exceed 10 percent of the state annual86
salary provided by Code Section 45-7-4 to such judge.87
(2) In the event that the state annual salary provided by Code Section 45-7-4 to superior88
court judges exceeds $201,060.00, the maximum allowable amount of annual locality pay89
provided to a judge by the county or counties comprising a judicial circuit shall be capped90
at $20,106.00, and such cap shall be reduced in an amount equal to half of the percentage91
amount of such state annual salary increase above $201,060.00. The intent of this92
paragraph is to provide for a decrease in the maximum amount of allowable locality pay93
so that such maximum shall be decreased by an amount equal to 50 percent of an increase94
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of the state annual salary provided by Code Section 45-7-4 to superior court judges95
beyond $201,060.00.96
(c) When a new superior court judgeship is created by law for any judicial circuit, the new97
superior court judge shall upon taking office become entitled to and shall receive from the98
county or counties comprising such circuit the same locality pay, if any, then in effect for99
the other judge or judges of such circuit. Such locality pay for such new judge shall be100
authorized by this subsection and no other legislation or local legislation shall be required101
to authorize such locality pay.102
(d) Except as provided for in subsection (b) of Code Section 15-6-29 and subsection (e)103
of this Code section and notwithstanding any other provision of law to the contrary, on and104
after July 1, 2025, no county or counties comprising a judicial circuit shall provide county105
salary supplements to a superior court judge.106
(e)(1) Nothing in subsection (d) of this Code section shall operate to prevent a county or107
counties comprising a judicial circuit from continuing to provide a local salary108
supplement to the chief judge of such circuit that was otherwise authorized by law on109
June 30, 2025. On or after July 1, 2025, no local supplement for a chief judge shall be110
enacted or increased.111
(2) For all judges who elect to exercise the option provided by paragraph (1) of112
subsection (b) of Code Section 15-6-29, to the extent the aggregate salary provided for113
by subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a)114
of this Code section to a particular judge do not equal or exceed such judge's aggregate115
salary and local supplement in effect at the time of such judge's exercise of such option,116
then the county or counties of the circuit shall pay an additional supplement in an amount117
equal to the difference between the aggregate salary and supplement in effect at the time118
of such judge's exercise of such option and the aggregate salary provided for by119
subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a)120
of this Code section. When an additional supplement is required by this paragraph in a121
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circuit consisting of more than one county, then each county shall pay such additional122
supplement in proportion to each county's contribution to the local supplement in effect123
at the time of such judge's exercise of the option to participate. In no event shall the124
additional supplement required by this paragraph result in a judge's aggregate salary that125
exceeds the aggregate salary and supplement existing at the time of a judge's exercise of126
such option.127
(f) Nothing in subsection (d) of this Code section shall operate to prevent a county or128
counties comprising a judicial circuit from continuing to provide fringe benefits to any129
judge of such circuit in the same manner that such benefits were provided on130
June 30, 2025.131
(g) Nothing in this Code section or subsection (b) of Code Section 15-6-29 shall operate132
to alter, amend, contract, expand, extend, limit, modify, or terminate retirement benefits133
or rights thereto in existence prior to July 1, 2025. All judges who exercise the option134
provided by paragraph (1) of subsection (b) of Code Section 15-6-29 shall have no right135
to any benefit existing at the time such option is exercised reduced. To the extent136
otherwise permitted by law, each county within a judicial circuit is authorized, but not137
required, to provide retirement benefits based upon the locality pay it provides pursuant to138
subsection (a) of this Code section."139
SECTION 5.140
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries141
of certain state officials and cost-of-living adjustments, is amended by repealing and142
reserving paragraph (20) of subsection (a) and adding a new subsection to read as follows:143
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary144
fixed for the judges of the United States District Court for the Northern District of145
Georgia on July 1 of the second preceding state fiscal year.146
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(2) Except as provided for in subsection (b) of Code Section 15-6-29, the annual salary147
of each superior court judge shall be set by the General Assembly in the General148
Appropriations Act, provided that such salary shall not exceed 90 percent of the base149
salary provided for in paragraph (1) of this subsection."150
SECTION 6.151
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,152
is amended by adding a new Code section to read as follows:153
"1-3-12.154
(a)(1) Notwithstanding any provision of law to the contrary, as of July 1, 2025, all local155
laws and local ordinances or resolutions in effect as of such date that provide for a salary,156
supplement, or other compensation to be paid to a state, county, or local officer, official,157
or employee based on a percentage of, total compensation for, or similar mathematical158
relationship to any superior court judge's salary, supplement, or other compensation shall159
be suspended as a matter of law with respect to any increase in the salary, supplement,160
or other compensation paid to a superior court judge during the term of such suspension;161
provided, however, that such suspension shall not be applicable to any local law or local162
ordinance or resolution adopted after July 1, 2025.163
(2) During the period of the suspension provided for in paragraph (1) of this subsection:164
(A) No change in the salary of a superior court judge shall result in a change in the165
calculation of any compensation to be paid to a state, county, or local officer, official,166
or employee by any county, municipality, consolidated government, or other political167
subdivision; and168
(B) The compensation paid to any state, county, or local officer, official, or employee169
whose compensation is expressly based on a percentage of, total compensation for, or170
similar mathematical relationship to a superior court judge's salary, supplement, or other171
compensation shall remain at the same amount as provided at the beginning of such172
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period of suspension, unless and until such suspension terminates with respect to such173
individual pursuant to paragraph (1) of this subsection or the compensation paid to any174
such state, county, or local officer, official, or employee is modified pursuant to175
subsection (c) of this Code section.176
(3) The provisions of this subsection shall not repeal or amend any local law or local177
ordinance or resolution, but the provisions of local laws or local ordinances or resolutions178
related to calculating compensation based on a superior court judge's salary, supplement,179
or other compensation shall be merely suspended and shall remain suspended with180
respect to any change in such compensation until such suspension is lifted or such181
compensation is modified pursuant to subsection (b) or (c) of this Code section with182
respect to a given public officer, official, or employee.183
(b)(1) As of July 1, 2026, the suspension provided for in subsection (a) of this Code184
section shall be terminated with respect to all judges. Any salary or compensation change185
for a judge that otherwise would have gone into effect between July 1, 2025, and186
June 30, 2026, by operation of a local law or local ordinance or resolution if such187
suspension had not been in effect shall become effective for calculations of such judge's188
prospective salary or other compensation that may be earned on or after July 1, 2026,189
unless the local law or local ordinance or resolution that provides for a salary,190
supplement, or other compensation to be paid to such judge is repealed prior to July 1,191
2026, or is amended, prior to July 1, 2026, to expressly modify the terms of such judge's192
compensation.193
(2) The suspension provided for in subsection (a) of this Code section shall remain in194
place for all officers, officials, and employees described in paragraph (1) of subsection195
(a) of this Code section other than judges, unless and until the compensation payable to196
any such other officer, official, or employee is modified pursuant to subsection (c) of this197
Code section.198
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(3) The termination of a suspension provided for in subsection (a) of this Code section199
shall not entitle any person to retroactive compensation that he or she otherwise may have200
earned except for such suspension, and no such retroactive payments shall be made.201
(c)(1) Nothing in this Code section shall operate to prevent the General Assembly from202
at any time repealing or amending, in whole or in part, any local law that is suspended203
pursuant to subsection (a) of this Code section, and any such repeal or amendment shall204
become effective in the time and manner stated in the law implementing such repeal or205
amendment, without regard to the suspension provided for in this Code section.206
(2) Nothing in this Code section shall operate to prevent a county, municipality,207
consolidated government, or other political subdivision from, at any time, enacting any208
salary, supplement, or other compensation changes for any state, county, or local officer,209
official, or employee if otherwise authorized by general or local law, and any such change210
shall become effective in the time and manner stated in such lawful enactment, without211
regard to the suspension provided for in this Code section.212
(3) In no event shall any action described in paragraph (1) or (2) of this subsection:213
(A) Authorize the payment of or entitle any superior court judge to any salary214
supplement or any locality pay in excess of the limits set forth in Code Section215
15-6-29.2; or216
(B) Authorize the payment of or entitle any person to retroactive compensation that he217
or she otherwise may have earned except for any period of suspension.218
(d) The General Assembly finds that increases to superior court judges' compensation that219
become effective on or after July 1, 2025, may automatically trigger increases to other220
public officers, officials, and employees for whom existing legislation automatically ties221
their compensation to that of superior court judges and that these automatic increases in222
compensation would generally result in sudden financial hardship for local governments.223
Accordingly, it is the intent of this Code section that:224
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(1) The salary of any state, county, or local officer, official, or employee whose salary,225
supplement, or other compensation is based on a percentage of, total compensation for,226
or similar mathematical relationship to a superior court judge's salary or supplement shall,227
during the period of any such suspension imposed by this Code section, remain the same228
as such salary, supplement, or other compensation was at the beginning of such period;229
(2) Such state, county, or local officer, official, or employee shall continue to receive230
such salary, supplement, or other compensation during the period of such suspension at231
the same rate or amount as at the beginning of such period; and232
(3) The amount of such salary, supplement, or other compensation shall remain233
unchanged until the occurrence of an event described in subsections (a) through (c) of this234
Code section, which includes:235
(A) Such suspension being terminated pursuant to this Code section;236
(B) With respect to a salary, supplement, or other compensation set by local law, the237
General Assembly takes some affirmative action to set the salary, supplement, or other238
compensation by repealing or amending, in whole or in part, any local law that is239
suspended pursuant to subsection (a) of this Code section and such repeal or240
amendment becomes effective; or241
(C) With respect to a salary, supplement, or other compensation set by local ordinance242
or resolution, the county, municipality, consolidated, or other local government takes243
some affirmative action to set the salary, supplement, or other compensation and such244
action becomes effective."245
SECTION 7.246
This Act shall become effective on July 1, 2025.247
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SECTION 8.
248
All laws and parts of laws in conflict with this Act are repealed.249
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