Georgia 2025-2026 Regular Session

Georgia Senate Bill SB215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 49 2262
2	2	Senate Bill 215
3	3	By: Senators Robertson of the 29th, Echols of the 49th, Gooch of the 51st, Goodman of the
4	4	8th and Kirkpatrick of the 32nd
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Article 2 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated,
8	8	1
9	9	relating to the State Bar of Georgia, so as to provide for the responsibilities of the2
10	10	administrative arm of the Supreme Court relative to the practice of law in this state; to repeal3
11	11	provisions for the establishment of a unified self-governing bar association to be known as4
12	12	the 'State Bar of Georgia,' composed of all persons licensed to practice law in this state; to5
13	13	provide for jury trials prior to final orders or disbarments relative to individuals licensed to6
14	14	practice law in this state; to provide for furnishing rules and regulations governing the7
15	15	practice of law in this state; to repeal provisions relative to the amendment of rules and8
16	16	regulations of the State Bar of Georgia; to provide for legislative findings and intent; to9
17	17	provide for related matters; to provide for an effective date; to repeal conflicting laws; and10
18	18	for other purposes.11
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
20	20	SECTION 1.13
21	21	(a) The General Assembly finds that, in the case of Janus v. AFSCME, Council 31, 58514
22	22	U.S. 878 (2018), the United States Supreme Court held that:15
23	23	S. B. 215
24	24	- 1 - 25 LC 49 2262
25	25	(1) The First Amendment, made applicable to the states by the Fourteenth Amendment,
26	26	16
27	27	forbids abridgment of the freedom of speech; that freedom of speech includes both the17
28	28	right to speak freely and the right to refrain from speaking at all; and that the right to18
29	29	eschew association for expressive purposes is likewise protected, as freedom of19
30	30	association plainly presupposes a freedom not to associate;20
31	31	(2) Forced associations that burden protected speech are impermissible, as is compelling21
32	32	one person to subsidize the speech of another; and22
33	33	(3) States and public sector unions that extract agency fees from nonconsenting members23
34	34	violate the First Amendment.24
35	35	(b) It is the General Assembly's intent that individuals who are licensed to practice law in25
36	36	this state shall not be required to be members of any bar association or other organization for26
37	37	which they are required to pay license fees that may be used to advocate for public policies27
38	38	espoused by such bar association or other organization for any purpose other than:28
39	39	(1) Adopting rules and regulations governing the practice of law in this state and29
40	40	defining the rights, duties, and obligations of individuals licensed to practice law in this30
41	41	state;31
42	42	(2) The examination of individuals applying for a license to practice law in this state;32
43	43	(3) The admission of qualified applicants to the practice of law in this state;33
44	44	(4) Enforcing the ethical rules governing individuals licensed to practice law in this state;34
45	45	(5) Regulating the mandate of continuing legal education for individuals licensed to35
46	46	practice law in this state; and36
47	47	(6) Pursuing those who engage in the unauthorized practice of law in this state.37
48	48	38
49	49	SECTION 2.39
50	50	Article 2 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the40
51	51	State Bar of Georgia, is amended by revising Code Section 15-19-30, relating to41
52	52	establishment of unified state bar authorized, as follows:42
53	53	S. B. 215
54	54	- 2 - 25 LC 49 2262
55	55	"15-19-30.
56	56	43
57	57	In recognition of the fact that attorneys are officers of the courts of this state; that they have44
58	58	the exclusive right to practice law and represent members of the public in connection with45
59	59	their legal affairs; that they are charged with important responsibilities in connection with46
60	60	the administration of justice both in and out of the courts; and that for these reasons a47
61	61	strong legal profession is in the public interest, the Supreme Court of this state is48
62	62	authorized to establish as an administrative arm of the court to be responsible for:
63	63	49
64	64	(1) Adopting rules and regulations governing the practice of law in this state and50
65	65	defining the rights, duties, and obligations of individuals licensed to practice law in this51
66	66	state;52
67	67	(2) The examination of individuals applying for a license to practice law in this state;53
68	68	(3) The admission of qualified applicants to the practice of law in this state;54
69	69	(4) Enforcing the ethical rules governing individuals licensed to practice law in this state;55
70	70	(5) Regulating the mandate of continuing legal education for individuals licensed to56
71	71	practice law in this state; and57
72	72	(6) Pursuing those who engage in the unauthorized practice of law in this state.58
73	73	a unified self-governing bar association which shall be known as the 'State Bar of Georgia,'59
74	74	composed of all persons licensed to practice law in this state."60
75	75	SECTION 3.61
76	76	Said article is further amended by revising Code Section 15-19-31, relating to adoption of62
77	77	rules for organization and government of the State Bar of Georgia, as follows:63
78	78	"15-19-31.64
79	79	The Supreme Court shall have the authority by appropriate orders, upon recommendation65
80	80	made by the State Bar of Georgia, to adopt rules and regulations for the organization and66
81	81	government of the unified state bar and to define the rights, duties, and obligations of the67
82	82	members therein, including the payment of a reasonable license fee, and otherwise to68
83	83	S. B. 215
84	84	- 3 - 25 LC 49 2262
85	85	regulate and govern the practice of law in this state, to the end that the unified state bar69
86	86	shall promote the best interest of the public by maintaining high standards of conduct in70
87	87	the legal profession and by aiding in the efficient administration of justice. As a71
88	88	prerequisite to or a condition of being or remaining licensed to practice law in this state,72
89	89	no individual shall be required to be a member of any association composed of individuals73
90	90	licensed to practice law in this state, including, but not limited to, the State Bar of Georgia."74
91	91	SECTION 4.75
92	92	Said article is further amended by revising Code Section 15-19-32, relating to option of jury76
93	93	trial prior to final order or disbarment, as follows:77
94	94	"15-19-32.78
95	95	The rules and regulations governing the unified state bar the practice of law in this state79
96	96	shall provide that before a final order of any nature or any judgment of disbarment is80
97	97	entered the attorney involved may elect to have any material issues of fact determined by81
98	98	a jury in the superior court of the county of his or her residence."82
99	99	SECTION 5.83
100	100	Said article is further amended by revising Code Section 15-19-33, relating to procedure for84
101	101	adoption of rules; as follows:85
102	102	"15-19-33.86
103	103	A copy of proposed rules and regulations of the State Bar of Georgia governing the practice87
104	104	of law in this state shall be furnished to all members individuals licensed to practice law88
105	105	in this state. The Supreme Court shall set down for public hearing the adoption of89
106	106	proposed rules and regulations and any attorney or other person interested may appeal in90
107	107	person or by brief for the purpose of either supporting or opposing proposed rules and91
108	108	regulations."92
109	109	S. B. 215
110	110	- 4 - 25 LC 49 2262
111	111	SECTION 6.
112	112	93
113	113	Said article is further amended by repealing Code Section 15-19-34, relating to amendment94
114	114	of rules, in its entirety.95
115	115	SECTION 7.96
116	116	This Act shall become effective on July 1, 2026.97
117	117	SECTION 8.98
118	118	All laws and parts of laws in conflict with this Act are repealed.99
119	119	S. B. 215
120	120	- 5 -