Georgia Commons

Senate · Passed · 2025-2026 Regular Session

SB328: SB328 State Court of Henry County; additional judge; provide

Last action May 13, 2025 · Effective Date 2025-05-13

A Senate bill adds a fifth judge to the State Court of Henry County starting January 1, 2026, and sets rules for appointing, electing, and paying that judge and a chief judge.

In plain language

The State Court of Henry County currently has four judges under a 1998 law that has been amended over the years. This bill changes that law to add a fifth judgeship. Until January 1, 2026, the court stays at four judges, with sitting judges finishing their current terms. Starting January 1, 2026, a fifth judge is added, first appointed by the Governor to serve until December 31, 2028. After that, the seat becomes an elected position, filled by Henry County voters in a nonpartisan election held with the 2028 general election and every four years afterward. The bill also sets pay for the new judge at 90 percent of the Henry County Superior Court judges' salary, paid by the county. It names the longest-serving judge as chief judge, who gets a $10,000 annual salary supplement, and allows the chief judge to appoint a temporary judge pro hac vice for up to a one-year term when needed. The law takes effect once the Governor signs it or it becomes law without a signature.

What the bill does

  • Adds a fifth judgeship to the State Court of Henry County, effective January 1, 2026, increasing the bench from four judges to five.
  • Directs the Governor to appoint the first fifth judge for an initial term running through December 31, 2028.
  • Establishes that the fifth judge's successor will be chosen by Henry County voters in a nonpartisan election held with the 2028 general election and every four years after that.
  • Sets the salary for judges of this court at 90 percent of the Henry County Superior Court judges' pay, funded by the county.
  • Names the longest-serving judge as chief judge and gives that judge a $10,000 per year salary supplement for administrative duties.
  • Allows the chief judge to appoint a temporary judge pro hac vice for terms of up to one year when extra judicial help is needed.

Who it affects

Henry County residents who use the State Court for civil and criminal cases, the county's current and future state court judges, the Governor's office (which makes the initial appointment), Henry County voters (who will elect a successor in 2028), and Henry County government, which pays the judges' salaries.

Why it matters

Adding a fifth judge could help the State Court of Henry County handle its caseload faster, since one more judge would be hearing cases starting in 2026. Henry County taxpayers will fund the new position, and voters will eventually get to elect who holds the seat.

Key provisions

  • Section 1 rewrites Section 11 of the 1998 Act creating the State Court of Henry County to add a fifth judgeship effective January 1, 2026.
  • Subsection (a) keeps the court at four judges until January 1, 2026, with current judges finishing their elected terms.
  • Subsection (b) has the Governor appoint the fifth judge initially, through December 31, 2028, after which the seat is filled by nonpartisan election tied to the 2028 general election and every four years thereafter.
  • Subsection (d) sets judicial pay at 90 percent of the Henry County Superior Court judges' salary, paid by the county.
  • Subsection (e) designates the longest-serving judge as chief judge with a $10,000 annual salary supplement.
  • Subsection (f) lets the chief judge appoint a judge pro hac vice for up to a one-year term as needed.
  • Section 2 makes the Act effective upon the Governor's approval or upon becoming law without approval.
  • Section 3 repeals any conflicting laws.

Status timeline

  1. 2025-05-13Effective Date 2025-05-13
  2. 2025-05-13Act 247
  3. 2025-05-13Senate Date Signed by Governor (Senate)
  4. 2025-04-10Senate Sent to Governor (Senate)
  5. 2025-04-02House Passed/Adopted (House)
  6. 2025-04-02House Third Readers (House)
  7. 2025-04-02House Committee Favorably Reported (House)
  8. 2025-03-27House Second Readers (House)
Show full history (13 actions)
  1. 2025-03-25House First Readers (House)
  2. 2025-03-21Senate Passed/Adopted (Senate)
  3. 2025-03-21Senate Committee Favorably Reported (Senate)
  4. 2025-03-11Senate Read and Referred (Senate)
  5. 2025-03-10Senate Hopper (Senate)

Sponsors

  • Brian Strickland (R, SD-042)Primary sponsor
  • Gail Davenport (D, SD-017)
  • Ricky Williams (R, SD-025)
  • Emanuel Jones (D, SD-010)
  • Noelle Kahaian (R, HD-081)

Votes

  1. PassedSenate voteMarch 21, 2025

    53 yea, 0 nay (2 not voting, 1 absent)

    Local Consent Calendar: Senate Vote #265

  2. PassedHouse voteApril 2, 2025

    168 yea, 0 nay (7 not voting, 5 absent)

    Local Calendar : House Vote #377

Topics

  • Henry County courts
  • state court judges
  • judicial appointments
  • local government law
  • Georgia elections

Ask about this bill

Answers come from this document. Not legal advice.

SB328: SB328 State Court of Henry County; additional judge; provide | Georgia Commons