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The House Committee on Judiciary offers the following substitute to SB 10:
A BILL TO BE ENTITLED
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to1
modify provisions related to protection of personally identifiable information of judges and2
their spouses; to abolish the requirement for the Administrative Office of the Courts to3
maintain a data base of protected persons and information; to provide for a state-wide form4
to be used by protected persons seeking to have information restricted from public5
disclosure; to require state and local governments to restrict from public disclosure6
personally identifiable information when requested by a protected person; to provide7
procedures for such requests; to revise definitions; to provide for superior court judicial8
officers in certain judicial circuits; to provide for the appointment, qualifications, terms,9
duties, and employment status of such judicial officers; to provide for related matters; to10
repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising14
Article 8 of Chapter 5, relating to protection of personally identifiable data of judges and15
spouses, as follows:16
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"ARTICLE 817
15-5-110.18
As used in this article, the term:19
(1) 'Personally identifiable information' means any phone number or address20
affirmatively identified by a protected person for inclusion in the data base established21
and maintained pursuant to Code Section 15-5-111 personal phone number, home22
address, or property or tax records of a protected person.23
(2) 'Protected person' means any current or former:24
(A) Judge Elected or appointed judge or justice of this state and his or her spouse;25
(B) Judge Elected or appointed judge of any county or municipality of this state and26
his or her spouse; and27
(C) Judge Appointed judge or justice of the United States and his or her spouse.28
(3) 'Public posting or display' means to communicate information or otherwise make29
information available to the general public.30
(4)(3) 'Publicly available content' means any written or electronic document or record31
that provides information or that serves as a document or record maintained, controlled,32
or in the possession of a state or local government entity that may be obtained by any33
person from the internet state or local government entity's public website or from such34
state or local government agency upon request whether free of charge or for a fee.35
(5)(4) 'State or local government entity' means any:36
(A) Agency of the executive branch of this state; or37
(B) Any local governing authority of a county or municipality of this state, including,38
but not limited to, any county or municipal court clerk's office, board of elections, board39
of tax assessors, or board of ethics.40
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15-5-111.41
The Administrative Office of the Courts shall:42
(1) Establish a method for obtaining information from the Administrative Office of the43
United States Courts as necessary for purposes of this article;44
(2) Develop a form for a protected person to use when requesting the restriction from45
public disclosure of personally identifiable information pursuant to this article. Such46
form may include a process for verification of the election or appointment of such person47
as a judge or justice of this state or the United States or verification of such person's48
status as the spouse of a person serving as a judge or justice of this state or the United49
States Establish and maintain a data base of protected persons and personally identifiable50
information;51
(3) Make the form provided for in paragraph (2) of this Code section available to52
protected persons on its public website Develop and manage a process to regularly53
identify each state or local government entity that possesses personally identifiable54
information; and55
(4) Establish a procedure for protected persons to submit phone numbers and addresses56
for inclusion in a data base as personally identifiable information to be restricted from57
publicly available content and public posting or display; and58
(5)(4) Coordinate statewide state-wide training and information sharing related to59
security procedure and practices relative to the judicial branch of government.60
15-5-112.61
(a) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,62
a state or local government entity shall restrict from public disclosure any personally63
identifiable information that specifically identifies a protected person as a judge, justice,64
or spouse thereof. The provisions of this subsection shall include, but shall not be limited65
to, records or filings in the office of the Secretary of State and the State Ethics66
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Commission. Within 30 days of receipt of written notice that a judge or justice of the67
United States, this state, or any county or municipality of this state has been elected or68
appointed, the Administrative Office of the Courts shall provide written notice to each state69
or local government entity determined by the Administrative Office of the Courts to70
possess personally identifiable information that directs such entity to restrict access to such71
personally identifiable information pursuant to subsection (c) of this Code section.72
(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,73
a state or local government entity that possesses records, filings, or other publicly available74
content that does not specifically identify a person as a judge, justice, or spouse thereof but75
that includes personally identifiable information of such a protected person shall, upon76
request of the protected person, restrict from public disclosure any personally identifiable77
information. A protected person may request that his or her personally identifiable78
information be restricted from public disclosure pursuant to this subsection by submitting79
a request in writing to the state or local government entity on the form provided for in Code80
Section 15-5-111. A state or local government entity receiving such request shall restrict81
from public disclosure the personally identifiable information within 30 days of receiving82
a valid request. Within 30 days of receipt of written notice that a judge or justice of the83
United States, this state, or any county or municipality of this state has resigned, retired,84
or been removed, the Administrative Office of the Courts shall provide written notice to85
each state or local government entity determined by the Administrative Office of the Courts86
to possess personally identifiable information that informs such entity that the restriction87
required pursuant to subsection (c) of this Code section is no longer applicable.88
(c) Notwithstanding Article 4 of Chapter 18 of Title 50 to the contrary, within 30 days of89
receipt of written notice from the Administrative Office of the Courts pursuant to90
subsection (a) of this Code section, a state or local government entity that has received such91
notice shall restrict personally identifiable information from publicly available content and92
public posting or display unless such entity has:93
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(1) Obtained written consent from the protected person that his or her phone number and94
address may be made available to the general public; or95
(2) Received notice pursuant to subsection (b) of this Code section that a judge or justice96
of the United States, this state, or any county or municipality thereof has resigned, retired,97
or been removed.98
(d)(c) Any protected person may bring an action in a court of competent jurisdiction99
against any officer or employee of the state or local government entity in his or her100
individual capacity for failure to comply with subsection (c) (a) or (b) of this Code section. 101
Any relief granted by such action shall be limited to injunctive relief."102
SECTION 2.103
Said title is further amended by adding a new Code section to Article 1 of Chapter 6, relating104
to general provisions regarding superior courts, to read as follows:105
"15-6-37.106
(a) Notwithstanding any other provision of law, in any judicial circuit of this state with 15107
or more judges of the superior court, as provided for in Code Section 15-6-2, the governing108
authorities of the counties that make up such circuit are authorized to provide funding for109
up to five judicial officers to serve in the superior courts of such circuit.110
(b) In the event that a county or counties provide funding for judicial officers as provided111
for in subsection (a) of this Code section, the chief judge of the circuit, after consulting112
with a majority of the superior court judges in such circuit, may appoint qualified113
individuals as judicial officers in the superior courts of such circuit. Judicial officers shall114
have all of the qualifications provided for in Code Section 15-6-4 for superior court judges;115
provided, however, that such judicial officers shall not be elected.116
(c) Judicial officers appointed pursuant to this Code section shall have all powers and117
duties of a judge of the superior court; provided, however, that judicial officers shall not118
preside over any case or matter related to a serious violent felony as such term is defined119
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in Code Section 17-10-6.1, and provided, further, that the chief judge of a circuit, after120
consulting with a majority of the superior court judges in such circuit, may place such121
additional limitations on the use of such judicial officers in the circuit.122
(d) Judicial officers appointed pursuant to this Code section shall be appointed to terms123
not to exceed two years; provided, however, that a judicial officer may be reappointed to124
succeed himself or herself.125
(e) Judicial officers appointed pursuant to this Code section shall be employees of the126
county or counties that make up the judicial circuit in which they are appointed. Such127
judicial officers shall not be considered state employees for any reason, and the counties128
that make up such circuit shall be responsible for the compensation, benefits, travel, and129
other expenses for such judicial officers."130
SECTION 3.131
All laws and parts of laws in conflict with this Act are repealed.132
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