25 LC 47 3366S/AP
House Bill 85 (AS PASSED HOUSE AND SENATE)
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, in lieu of his or her compensation which is otherwise40
provided by laws in effect on June 30, 2025. The option provided by this paragraph shall41
be exercised by such judge's filing a written notification thereof with The Council of42
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Superior Court Judges of Georgia and the governing authority of each county comprising43
such judge's judicial circuit. A superior court judge in office on July 1, 2025, shall not44
be required or obligated to exercise the option provided by this paragraph, but if and45
when any such judge voluntarily and expressly exercises such option, such judge's46
exercise of such option shall be final and irrevocable. The failure to exercise the option47
shall be an election to continue to receive compensation as previously calculated by law48
in effect on June 30, 2025, and as outlined in paragraph (2) of this subsection, and until49
such option is exercised. The option exercised pursuant to this paragraph shall go into50
effect the next pay period beginning five business days following the exercise of such51
option.52
(2) To ensure that no superior court judge in office on July 1, 2025, has his or her salary,53
allowance, or county salary supplements decreased during his or her term of office, any54
superior court judge in office on July 1, 2025, who does not exercise the irrevocable55
option provided by paragraph (1) of this subsection shall continue to be compensated in56
precisely the same manner as he or she was compensated as of June 30, 2025, including,57
but not limited to, county supplements, in accordance with Article VI, Section VII,58
Paragraph V of the Constitution.59
(c) The annual salary shall be the total compensation to be paid by the state to the superior60
court judges and shall be in lieu of any and all other amounts to be paid from The Council61
of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1,62
15-6-29.2, 15-6-30, and 15-6-32.63
(c) When a new superior court judgeship is created by law for any judicial circuit, the new64
superior court judge shall upon taking office become entitled to and shall receive from the65
county or counties comprising the circuit the same county salary supplement, if any, then66
in effect for the other judge or judges of the judicial circuit. Such salary supplement for67
such new judge shall be authorized by this subsection and no other legislation or local68
legislation shall be required in order to authorize such salary supplement, but nothing in69
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this Code section shall be construed to prohibit the enactment of local legislation relating70
to such salary supplements. A publication of notice of intention to introduce local71
legislation as provided for in Code Section 28-1-14 shall be required for any local72
legislation granting, changing the amount of, or removing a salary supplement; but no73
publication of notice of intention shall be required for a bill creating one or more new74
superior court judgeships."75
SECTION 3.76
Said article is further amended in Code Section 15-6-29.1, relating to accountability court77
supplement and limitation, by repealing subsection (c) in its entirety.78
SECTION 4.79
Said article is further amended by adding a new Code section to read as follows:80
"15-6-29.2.81
(a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2025,82
the county or counties comprising a judicial circuit may provide each judge of such circuit 83
who either was not in office as a superior court judge as of July 1, 2025, or made an84
irrevocable election authorized by paragraph (1) of subsection (b) of Code Section 15-6-29,85
with locality pay as authorized by this Code section, and such judges shall not be eligible86
for county salary supplements provided by local Act. In no event shall locality pay exceed87
10 percent of the state annual salary provided by Code Section 45-7-4 to such judge. All88
such locality pay shall be in lieu of and not in addition to any county salary supplements89
previously provided by the county or counties. All judges within a judicial circuit who are90
in office as of July 1, 2025, and exercise the option provided by paragraph (1) of91
subsection (b) of Code Section 15-6-29, or who take office after July 1, 2025, shall receive92
equal locality pay from any given county within such circuit that has opted to provide such93
pay.94
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(b) In no event shall the annual locality pay provided to a judge by the county or counties95
comprising a judicial circuit in aggregate exceed the lesser of:96
(1) 10 percent of the state annual salary paid to a superior court judge pursuant to Code97
Section 45-7-4; or98
(2) $20,106.00;99
provided, however, that if the state annual salary paid to superior court judges exceeds100
$201,060.00, then the maximum allowable amount of annual locality pay provided to a101
judge by the county or counties comprising a judicial circuit shall instead be equal to the102
difference between $20,106.00 and half of the amount by which such state annual salary103
exceeds $201,060.00. The intent of this paragraph is to provide for a gradual decrease in104
the maximum amount of allowable locality pay as the state annual salary provided by Code105
Section 45-7-4 to superior court judges exceeds $201,060.00 and continues to increase.106
(c) When a new superior court judgeship is created by law for any judicial circuit, the new107
superior court judge shall upon taking office become entitled to and shall receive from the108
county or counties comprising such circuit the same locality pay, if any, then in effect for109
the other judge or judges of such circuit. Such locality pay for such new judge shall be110
authorized by this subsection and no other legislation or local legislation shall be required111
to authorize such locality pay.112
(d) Except as provided for in subsection (b) of Code Section 15-6-29 and subsection (e)113
of this Code section and notwithstanding any other provision of law to the contrary, on and114
after July 1, 2025, no county or counties comprising a judicial circuit shall provide county115
salary supplements to a superior court judge.116
(e)(1) Nothing in subsection (d) of this Code section shall operate to prevent a county or117
counties comprising a judicial circuit from continuing to provide a local salary118
supplement to the chief judge of such circuit that was otherwise authorized by law on119
June 30, 2025. On or after July 1, 2025, no local supplement for a chief judge shall be120
enacted or increased.121
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(2) For all judges who elect to exercise the option provided by paragraph (1) of122
subsection (b) of Code Section 15-6-29, to the extent the aggregate salary provided for123
by subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a)124
of this Code section to a particular judge do not equal or exceed such judge's aggregate125
salary and local supplement in effect at the time of such judge's exercise of such option,126
then the county or counties of the circuit shall pay an additional supplement in an amount127
equal to the difference between the aggregate salary and supplement in effect at the time128
of such judge's exercise of such option and the aggregate salary provided for by129
subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a)130
of this Code section. When an additional supplement is required by this paragraph in a131
circuit consisting of more than one county, then each county shall pay such additional132
supplement in proportion to each county's contribution to the local supplement in effect133
at the time of such judge's exercise of the option to participate. In no event shall the134
additional supplement required by this paragraph result in a judge's aggregate salary that135
exceeds the aggregate salary and supplement existing at the time of a judge's exercise of136
such option.137
(f) Nothing in subsection (d) of this Code section shall operate to prevent a county or138
counties comprising a judicial circuit from continuing to provide fringe benefits to any139
judge of such circuit in the same manner that such benefits were provided on140
June 30, 2025.141
(g) Nothing in this Code section or subsection (b) of Code Section 15-6-29 shall operate142
to alter, amend, contract, expand, extend, limit, modify, or terminate retirement benefits143
or rights thereto in existence prior to July 1, 2025. All judges who exercise the option144
provided by paragraph (1) of subsection (b) of Code Section 15-6-29 shall have no right145
to any benefit existing at the time such option is exercised reduced. To the extent146
otherwise permitted by law, each county within a judicial circuit is authorized, but not147
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required, to provide retirement benefits based upon the locality pay it provides pursuant to148
subsection (a) of this Code section."149
SECTION 5.150
Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries151
of certain state officials and cost-of-living adjustments, is amended by repealing and152
reserving paragraph (20) of subsection (a) and adding a new subsection to read as follows:153
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary154
fixed for the judges of the United States District Court for the Northern District of155
Georgia on July 1 of the second preceding state fiscal year.156
(2) Except as provided for in subsection (b) of Code Section 15-6-29, the annual salary157
of each superior court judge shall be set by the General Assembly in the General158
Appropriations Act, provided that such salary shall not exceed 90 percent of the base159
salary provided for in paragraph (1) of this subsection."160
SECTION 6.161
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,162
is amended by adding a new Code section to read as follows:163
"1-3-12.164
(a)(1) Notwithstanding any provision of law to the contrary, as of July 1, 2025, all local165
laws and local ordinances or resolutions in effect as of such date that provide for a salary,166
supplement, or other compensation to be paid to a state, county, or local officer, official,167
or employee based on a percentage of, total compensation for, or similar mathematical168
relationship to any superior court judge's salary, supplement, or other compensation shall169
be suspended as a matter of law with respect to any increase in the salary, supplement,170
or other compensation paid to a superior court judge during the term of such suspension;171
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provided, however, that such suspension shall not be applicable to any local law or local172
ordinance or resolution adopted after July 1, 2025.173
(2) During the period of the suspension provided for in paragraph (1) of this subsection:174
(A) No change in the salary of a superior court judge shall result in a change in the175
calculation of any compensation to be paid to a state, county, or local officer, official,176
or employee by any county, municipality, consolidated government, or other political177
subdivision; and178
(B) The compensation paid to any state, county, or local officer, official, or employee179
whose compensation is expressly based on a percentage of, total compensation for, or180
similar mathematical relationship to a superior court judge's salary, supplement, or181
other compensation shall remain at the same amount as provided at the beginning of182
such period of suspension, unless and until such suspension terminates with respect to183
such individual pursuant to paragraph (1) of subsection (b) of this Code section or the184
compensation paid to any such state, county, or local officer, official, or employee is185
modified pursuant to subsection (c) of this Code section.186
(3) The provisions of this subsection shall not repeal or amend any local law or local187
ordinance or resolution, but the provisions of local laws or local ordinances or resolutions188
related to calculating compensation based on a superior court judge's salary, supplement,189
or other compensation shall be merely suspended and shall remain suspended with190
respect to any change in such compensation until such suspension is lifted or such191
compensation is modified pursuant to subsection (b) or (c) of this Code section with192
respect to a given public officer, official, or employee.193
(b)(1) As of July 1, 2026, the suspension provided for in subsection (a) of this Code194
section shall be terminated with respect to all judges. Any salary or compensation change195
for a judge that otherwise would have gone into effect between July 1, 2025, and196
June 30, 2026, by operation of a local law or local ordinance or resolution if such197
suspension had not been in effect shall become effective for calculations of such judge's198
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prospective salary or other compensation that may be earned on or after July 1, 2026,199
unless the local law or local ordinance or resolution that provides for a salary,200
supplement, or other compensation to be paid to such judge is repealed prior to201
July 1, 2026, or is amended, prior to July 1, 2026, to expressly modify the terms of such202
judge's compensation.203
(2) The suspension provided for in subsection (a) of this Code section shall remain in204
place for all officers, officials, and employees described in paragraph (1) of subsection (a)205
of this Code section other than judges, unless and until the compensation payable to any206
such other officer, official, or employee is modified pursuant to subsection (c) of this207
Code section.208
(3) The termination of a suspension provided for in subsection (a) of this Code section209
shall not entitle any person to retroactive compensation that he or she otherwise may have210
earned except for such suspension, and no such retroactive payments shall be made.211
(c)(1) Nothing in this Code section shall operate to prevent the General Assembly from212
at any time repealing or amending, in whole or in part, any local law that is suspended213
pursuant to subsection (a) of this Code section, and any such repeal or amendment shall214
become effective in the time and manner stated in the law implementing such repeal or215
amendment, without regard to the suspension provided for in this Code section.216
(2) Nothing in this Code section shall operate to prevent a county, municipality,217
consolidated government, or other political subdivision from, at any time, enacting any218
salary, supplement, or other compensation changes for any state, county, or local officer,219
official, or employee if otherwise authorized by general or local law, and any such change220
shall become effective in the time and manner stated in such lawful enactment, without221
regard to the suspension provided for in this Code section.222
(3) In no event shall any action described in paragraph (1) or (2) of this subsection:223
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(A) Authorize the payment of or entitle any superior court judge to any salary224
supplement or any locality pay in excess of the limits set forth in Code225
Section 15-6-29.2; or226
(B) Authorize the payment of or entitle any person to retroactive compensation that he227
or she otherwise may have earned except for any period of suspension.228
(d) The General Assembly finds that increases to superior court judges' compensation that229
become effective on or after July 1, 2025, may automatically trigger increases to other230
public officers, officials, and employees for whom existing legislation automatically ties231
their compensation to that of superior court judges and that these automatic increases in232
compensation would generally result in sudden financial hardship for local governments.233
Accordingly, it is the intent of this Code section that:234
(1) The salary of any state, county, or local officer, official, or employee whose salary,235
supplement, or other compensation is based on a percentage of, total compensation for,236
or similar mathematical relationship to a superior court judge's salary or supplement shall,237
during the period of any such suspension imposed by this Code section, remain the same238
as such salary, supplement, or other compensation was at the beginning of such period;239
(2) Such state, county, or local officer, official, or employee shall continue to receive240
such salary, supplement, or other compensation during the period of such suspension at241
the same rate or amount as at the beginning of such period; and242
(3) The amount of such salary, supplement, or other compensation shall remain243
unchanged until the occurrence of an event described in subsections (a) through (c) of this244
Code section, which includes:245
(A) Such suspension being terminated pursuant to this Code section;246
(B) With respect to a salary, supplement, or other compensation set by local law, the247
General Assembly takes some affirmative action to set the salary, supplement, or other248
compensation by repealing or amending, in whole or in part, any local law that is249
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suspended pursuant to subsection (a) of this Code section and such repeal or250
amendment becomes effective; or251
(C) With respect to a salary, supplement, or other compensation set by local ordinance252
or resolution, the county, municipality, consolidated, or other local government takes253
some affirmative action to set the salary, supplement, or other compensation and such254
action becomes effective."255
SECTION 7.256
This Act shall become effective on July 1, 2025.257
SECTION 8.258
All laws and parts of laws in conflict with this Act are repealed.259
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