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