HB180: HB180 Probate courts; modify certain requirements for probate judges

25 LC 48 1401/AP House Bill 180 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Scoggins of the 14th, Kelley of the 16th, Hong of the 103rd, Gunter of the 8th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to1 probate courts, so as to modify certain requirements for probate judges; to provide for related2 matters; to repeal conflicting laws; and for other purposes.3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 SECTION 1.5 Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts,6 is amended by revising Code Section 15-9-4, relating to additio nal judicial eligibility7 requirements in certain counties, as follows:8 "15-9-4.9 (a) No individual elected judge of the probate court in any co unty provided for in this10 Code section shall engage in the private practice of law.11 (b)(1) Except as otherwise provided by subsection (c) of this Code section, in any county12 of this state having a population of more than 90,000 persons a ccording to the United13 States decennial census of 2010 or any future such census and in which the probate court14 of such county meets the definition of a probate court as provi ded by Article 6 of this15 H. B. 180 - 1 - 25 LC 48 1401/AP chapter, no individual shall be judge of the probate court unle ss at the time of election16 qualification, in addition to the qualifications required by law, he or she:17 (A) Has has attained the age of 30 years,;18 (B) Has has been admitted to practice law for seven years; and preceding election,19 (C) Is is a member in good standing with the State Bar of Georgia, and has been duly20 reinstated to the practice of law in the event of his or her disbarment therefrom.21 (2) In addition to and not in lieu of the affidavit required t o be filed at qualification22 pursuant to paragraph (2) of subsection (a) of Code Section 15- 9-2, each individual23 offering as a candidate for the office of judge of the probate court in any county of this24 state to whom paragraph (1) of this subsection is applicable sh all file a supplemental25 affidavit with the officer before whom such individual has qualified to seek the office of26 judge of the probate court prior to or at the time of qualifyin g as a candidate. The27 supplemental affidavit shall affirm that the individual meets all the qualifications required28 by subparagraphs (A), (B), and (C) of paragraph (1) of this subsection.29 (c) A judge of the probate court holding such office on or aft er June 30, 2000, shall30 continue to hold such office and shall be allowed to seek reele ction for such office. 31 Notwithstanding the requirement that in certain counties the judge of the probate court be32 admitted to practice law for seven years preceding election, no decision, judgment, ruling,33 or other official action of any judge of the probate court shal l be overturned, denied, or34 overruled based solely on this requirement for qualification, election, and holding the office35 of judge of the probate court."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 180 - 2 -