---
title: HB 1028. District Attorney Compensation Reform Act; enact
collection: bills
id: 2025-2026/hb1028
cite_as: HB 1028, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1028
md_url: https://georgiacommons.org/bills/2025-2026/hb1028.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1028/text
source_url: https://www.legis.ga.gov/legislation/72358
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 319
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1028.md?full=1
bill_number: HB 1028
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-27
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Matt Reeves
- Chuck Efstration
- Stan Gunter
- Trey Kelley
- Tyler Smith
- Rob Leverett
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1028/2025
upstream_id: 2095256
summaries_model: claude-sonnet-5
topic_tags:
- district attorney pay
- local government budgets
- prosecutor salaries
- county salary supplements
- judicial branch funding
---
# HB 1028. District Attorney Compensation Reform Act; enact
## Text
The House Committee on Judiciary offers the following substitute to HB 1028:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated,
relating to general provisions regarding prosecuting attorneys, so as to modify provisions
regarding the compensation received by district attorneys; to provide procedures for district
attorneys to opt to receive compensation pursuant to such revised provisions; to provide for
grandfathering of certain district attorneys so as to not reduce the compensation paid to such
district attorneys; to authorize locality pay by counties to district attorneys in lieu of county
salary supplements; to abolish most county salary supplements provided to district attorneys;
to authorize continuation of fringe benefits provided by counties to district attorneys; to
preserve existing rights and obligations related to retirement benefits provided by counties
to district attorneys; to provide for retirement benefits relative to optional locality pay; to
amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual
salaries of certain state officials and cost-of-living adjustments, so as to revise provisions
relating to calculating and setting the salaries of district attorneys; to revise superseded
provisions related to the salary of the judge of the state-wide tax court; to amend Chapter 3
of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to
suspend the operation of local laws or local ordinances or resolutions that use a district
attorney's salary for the calculation of the salary or compensation of other officers, officials,
or employees; to provide for an automatic lifting of such suspension relative to judges; to
preserve the authority of the General Assembly to amend or repeal such suspended local
laws; to preserve the authority of local governments to use other mechanisms to change
salary calculation during such suspension; to provide for legislative findings and intent; to
provide for legislative construction; to provide a short title; to provide for an effective date;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "District Attorney Compensation Reform
Act."
SECTION 2.
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions regarding prosecuting attorneys, is amended by revising Code Section
15-18-10, relating to compensation of district attorneys and private practice of law
prohibited, as follows:
"15-18-10.
(a) Except as provided for in subsection (b) of this Code section, each Each district
attorney shall receive an annual salary from state funds as prescribed by law. Such salary
shall be paid as provided in Code Sections 15-18-10.1, 15-18-10.2, and 15-18-19,
and 45-7-4.
(b)(1) Each district attorney in office on July 1, 2026, shall have the option to receive the
annual salary provided by Code Section 45-7-4 and any locality pay provided by this
Code section and Code Section 15-18-19 in lieu of his or her compensation which is
otherwise provided by laws in effect on June 30, 2026. The option provided by this
paragraph shall be exercised by such district attorney's filing a written notification thereof
with the Prosecuting Attorneys' Council of Georgia and the governing authority of each
county comprising such district attorney's judicial circuit. A district attorney in office on
July 1, 2026, shall not be required or obligated to exercise the option provided by this
paragraph, but if and when any such district attorney voluntarily and expressly exercises
such option, such district attorney's exercise of such option shall be final and irrevocable.
The failure to exercise the option shall be an election to continue to receive compensation
as previously calculated by law in effect on June 30, 2026, and as outlined in
paragraph (2) of this subsection, and until such option is exercised; provided, however,
that such option must be exercised no later than January 1, 2034. The option exercised
pursuant to this paragraph shall go into effect the next pay period beginning five business
days following the exercise of such option.
(2) To ensure that no district attorney in office on July 1, 2026, has his or her salary,
allowance, or county supplements decreased during his or her term of office, any district
attorney in office on July 1, 2026, who does not exercise the irrevocable option provided
by paragraph (1) of this subsection shall continue to be compensated in precisely the
same manner as he or she was compensated as of June 30, 2026, including, but not
limited to, county supplements, in accordance with Article VI, Section VIII,
Paragraph I (c) of the Constitution.
(3) For the purpose of this Code section and Code Section 15-18-10.2, an interim district
attorney serving on July 1, 2026, shall be treated in the same manner as an elected district
attorney related to any options such district attorneys have as to their compensation.
The county or counties comprising the judicial circuit may supplement the salary of the
district attorney in such amount as is or may be authorized by local Act or in such amount
as may be determined by the governing authority of such county or counties, whichever is
greater.
(c) The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments
and remit the same to the county treasury by the fifteenth day of each month.
(d) No district attorney receiving an annual salary under this Code section shall engage in
the private practice of law."
SECTION 3.
Said article is further amended in Code Section 15-18-10.1, relating to annual accountability
supplement and exception, by repealing subsection (d).
SECTION 4.
Said article is further amended by adding a new Code section to read as follows:
"15-18-10.2.
(a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2026,
the county or counties comprising a judicial circuit may provide the district attorney of
such circuit, who either was not in office as a district attorney as of July 1, 2026, or made
an irrevocable election authorized by paragraph (1) of subsection (b) of Code
Section 15-18-10, with locality pay as authorized by this Code section, and such district
attorneys shall not be eligible for county salary supplements provided by local Act. In no
event shall locality pay exceed 10 percent of the state annual salary provided by Code
Section 45-7-4 to such district attorney. All such locality pay shall be in lieu of and not in
addition to any county supplements previously provided by the county or counties.
(b) In no event shall the annual locality pay provided to a district attorney or circuit public
defender by the county or counties comprising a judicial circuit in aggregate exceed the
lesser of:
(1) Ten percent of the state annual salary paid to a district attorney pursuant to Code
Section 45-7-4; or
(2) The total of $20,608.05;
provided, however, that, if the state annual salary paid to district attorneys exceeds
$206,805.00, then the maximum allowable amount of annual locality pay provided to a
district attorney by the county or counties comprising a judicial circuit shall instead be
equal to the difference between $20,608.05 and half the amount by which such state annual
salary exceeds $206,805.00. The intent of this subsection is to provide for a gradual
decrease in the maximum amount of allowable locality pay as the state annual salary
provided by Code Section 45-7-4 to district attorneys exceeds $206,805.00 and continues
to increase.
(c) Except as provided for in subsection (b) of Code Section 15-18-10 and subsection (d)
of this Code section and notwithstanding any other provision of law to the contrary, on and
after July 1, 2026, no county or counties comprising a judicial circuit shall provide county
salary supplements to a district attorney.
(d)(1) Nothing in subsection (c) of this Code section shall operate to prevent a county or
counties comprising a judicial circuit from providing a local salary supplement when the
district attorney of that judicial circuit enters into a contract with said county or counties
to act as the solicitor of a county's probate or magistrate court, or for supplements of
compensation for services under Code Sections 15-18-11 and 19-11-23.
(2) For all district attorneys who elect to exercise the option provided by paragraph (1)
of subsection (b) of Code Section 15-18-10, to the extent the aggregate salary provided
for by subsection (a) of Code Section 15-18-10 and locality pay provided for by
subsection (a) of this Code section to a particular district attorney do not equal or exceed
such district attorney's aggregate salary and local supplement in effect at the time of such
district attorney's exercise of such option, then the county or counties of the circuit shall
pay an additional supplement in the amount equal to the difference between the aggregate
salary and supplement in effect at the time of such district attorney's exercise of such
option and the aggregate salary provided for by subsection (a) of Code Section 15-18-10
and locality pay provided for by subsection (a) of this Code section. When an additional
supplement is required by this paragraph in a circuit consisting of more than one county,
then each county shall pay such additional supplement in proportion to each county's
contribution to the local supplement in effect at the time of such district attorney's
exercise of the option to participate. In no event shall the additional supplement required
by this paragraph result in a district attorney's aggregate salary that exceeds the aggregate
salary existing at the time of a district attorney's exercise of such option.
(e) Nothing in subsection (c) of this Code section shall operate to prevent a county or
counties comprising a judicial circuit from continuing to provide fringe benefits to the
district attorney of such circuit in the same manner that such benefits were provided on
June 30, 2026.
(f) Nothing in this Code section or subsection (b) of Code Section 15-18-10 shall operate
to alter, amend, contract, expand, extend, limit, modify, or terminate retirement benefits
or rights thereto in existence prior to July 1, 2026. All district attorneys who exercise the
option provided by paragraph (1) of subsection (b) of Code Section 15-18-10 shall have no
right to any benefit existing at the time such option is exercised reduced. To the extent
otherwise permitted by law, each county within a judicial circuit is authorized, but not
required, to provide retirement benefits based upon the locality pay it provides pursuant to
subsection (a) of this Code section."
SECTION 5.
Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries
of certain state officials, cost-of-living adjustments, and base-salary of certain judges, as
effective on July 1, 2026, is amended by repealing and reserving paragraphs (19.2) and (21)
of subsection (a) and by adding a new paragraph to subsection (d) to read as follows:
"(3) Except as provided for in subsection (b) of Code Section 15-18-10, the annual salary
of each district attorney shall be set by the General Assembly in the General
Appropriations Act, provided that such salary shall not exceed 88 percent of the base
salary provided for in paragraph (1) of this subsection."
SECTION 6.
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,
is amended by adding a new Code section to read as follows:
"1-3-13.
(a)(1) Notwithstanding any provision of law to the contrary, except for Code Section
17-12-25, as of July 1, 2026, all local laws and local ordinances or resolutions in effect
as of such date that provide for a salary, supplement, or other compensation to be paid to
a state, county, or local officer, official, or employee based on a percentage of, total
compensation for, or similar mathematical relationship to any district attorney's salary,
supplement, or other compensation shall be suspended as a matter of law with respect to
any increase in the salary, supplement, or other compensation paid to a district attorney
during the term of such suspension; provided, however, that such suspension shall not be
applicable to any local law or local ordinance or resolution adopted after July 1, 2026.
(2) During the period of the suspension provided for in paragraph (1) of this subsection:
(A) No change in the salary of a district attorney shall result in a change in the
calculation of any compensation to be paid to a state, county, or local officer, official,
or employee by any county, municipality, consolidated government, or other political
subdivision; and
(B) The compensation paid to any state, county, or local officer, official, or employee
whose compensation is expressly based on a percentage of, total compensation for, or
similar mathematical relationship to a district attorney's salary, supplement, or other
compensation shall remain at the same amount as provided at the beginning of such
period of suspension, unless and until such suspension terminates with respect to such
individual pursuant to paragraph (1) of subsection (b) of this Code section or the
compensation paid to any such state, county, or local officer, official, or employee is
modified pursuant to subsection (c) of this Code section.
(3) The provisions of this subsection shall not repeal or amend any local law or local
ordinance or resolution, but the provisions of local laws or local ordinances or resolutions
related to calculating compensation based on a district attorney's salary, supplement, or
other compensation shall be merely suspended and shall remain suspended with respect
to any change in such compensation until such suspension is lifted or such compensation
is modified pursuant to subsection (b) or (c) of this Code section with respect to a given
public officer, official, or employee.
(b)(1) As of July 1, 2027, the suspension provided for in subsection (a) of this Code
section shall be terminated with respect to all judges. Any salary or compensation change
for a judge that otherwise would have gone into effect between July 1, 2026, and
June 30, 2027, by operation of a local law or local ordinance or resolution if such
suspension had not been in effect shall become effective for calculations of such judge's
prospective salary or other compensation that may be earned on or after July 1, 2027,
unless the local law or local ordinance or resolution that provides for a salary,
supplement, or other compensation to be paid to such judge is repealed prior to
July 1, 2027, or is amended, prior to July 1, 2027, to expressly modify the terms of such
judge's compensation.
(2) The suspension provided for in subsection (a) of this Code section shall remain in
place for all officers, officials, and employees described in paragraph (1) of subsection (a)
of this Code section other than judges, unless and until the compensation payable to any
such other officer, official, or employee is modified pursuant to subsection (c) of this
Code section.
(3) The termination of a suspension provided for in subsection (a) of this Code section
shall not entitle any person to retroactive compensation that he or she otherwise may have
earned except for such suspension, and no such retroactive payments shall be made.
(c)(1) Nothing in this Code section shall operate to prevent the General Assembly from
at any time repealing or amending, in whole or in part, any local law that is suspended
pursuant to subsection (a) of this Code section, and any such repeal or amendment shall
become effective in the time and manner stated in the law implementing such repeal or
amendment, without regard to the suspension provided for in this Code section.
(2) Nothing in this Code section shall operate to prevent a county, municipality,
consolidated government, or other political subdivision from, at any time, enacting any
salary, supplement, or other compensation changes for any state, county, or local officer,
official, or employee if otherwise authorized by general or local law, and any such change
shall become effective in the time and manner stated in such lawful enactment, without
regard to the suspension provided for in this Code section.
(3) In no event shall any action described in paragraph (1) or (2) of this subsection:
(A) Authorize the payment of or entitle any district attorney to any salary supplement
or any locality pay in excess of the limits set forth in Code Section 15-8-10.2; or
(B) Authorize the payment of or entitle any person to retroactive compensation that he
or she otherwise may have earned except for any period of suspension.
(d) The General Assembly finds that increases to district attorney's compensation that
become effective on or after July 1, 2026, may automatically trigger increases to other
public officers, officials, and employees for whom existing legislation automatically ties
their compensation to that of district attorneys, and that these automatic increases in
compensation would generally result in sudden financial hardship for local governments.
Accordingly, it is the intent of this Code section that:
(1) The salary of any state, county, or local officer, official, or employee whose salary,
supplement, or other compensation is based on a percentage of, total compensation for,
or similar mathematical relationship to a district attorney's salary or supplement shall,
during the period of any such suspension imposed by this Code section, remain the same
as such salary, supplement, or other compensation was at the beginning of such period;
(2) Such state, county, or local officer, official, or employee shall continue to receive
such salary, supplement, or other compensation during the period of such suspension at
the same rate or amount as at the beginning of such period; and
(3) The amount of such salary, supplement, or other compensation shall remain
unchanged until the occurrence of an event described in subsections (a) through (c) of this
Code section, which includes:
(A) Such suspension being terminated pursuant to this Code section;
(B) With respect to a salary, supplement, or other compensation set by local law, the
General Assembly takes some affirmative action to set the salary, supplement, or other
compensation by repealing or amending, in whole or in part, any local law that is
suspended pursuant to subsection (a) of this Code section and such repeal or
amendment becomes effective; or
(C) With respect to a salary, supplement, or other compensation set by local ordinance
or resolution, the county, municipality, consolidated, or other local government takes
some affirmative action to set the salary, supplement, or other compensation and such
action becomes effective.
(e) This Code section shall not affect the compensation paid to any circuit public defender
pursuant to Code Section 17-12-25."
SECTION 7.
This Act shall become effective on July 1, 2026.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A House Judiciary substitute would let Georgia's district attorneys opt into a new state salary system with capped county locality pay, while phasing out most local salary supplements starting July 1, 2026.
### Plain-language summary
Georgia district attorneys are currently paid a state salary plus county supplements set by local laws, which vary widely by circuit. This bill, the District Attorney Compensation Reform Act, creates a new system where district attorneys can voluntarily and irrevocably opt into a revised state salary (set under O.C.G.A. § 45-7-4) plus capped county "locality pay" instead of their current pay. District attorneys in office on July 1, 2026 who do not opt in keep their current pay, including county supplements, indefinitely (though the option to switch expires January 1, 2034).
For district attorneys who opt in or take office after July 1, 2026, counties could no longer pay open-ended local supplements. Instead they could offer locality pay capped at roughly 10 percent of the state salary, with a formula that shrinks the cap as the state salary rises. The bill also freezes, for one year, any other local government salaries that are mathematically pegged to a district attorney's pay, to prevent automatic ripple-effect raises, with judges' link resuming July 1, 2027. The changes take effect July 1, 2026.
### What it does
- Lets district attorneys in office on July 1, 2026 choose, on a one-time irrevocable basis, to switch to a new state salary plus capped county locality pay instead of their current pay and supplements.
- Guarantees district attorneys who do not opt in keep being paid exactly as they were as of June 30, 2026, including existing county supplements.
- Caps county "locality pay" for district attorneys who opt in (or take office after July 1, 2026) at about 10 percent of the state salary, with the cap shrinking as that salary grows past $206,805.
- Abolishes most open-ended county salary supplements to district attorneys going forward, while still allowing counties to keep providing existing fringe benefits and honor existing retirement rights.
- Changes how the state sets district attorney salaries in the General Appropriations Act, capping it at 88 percent of a reference base salary under O.C.G.A. § 45-7-4.
- Temporarily suspends any local law that ties another official's pay to a district attorney's salary, freezing those linked salaries until the suspension lifts (automatically for judges on July 1, 2027, or by further legislative or local action for others).
### Who it affects
Georgia's 50 elected judicial circuit district attorneys and any interim district attorneys, the counties that fund their salary supplements, county governing authorities, the Prosecuting Attorneys' Council of Georgia, and any state, county, or local officials or judges whose pay is legally tied by formula to a district attorney's salary.
### Why it matters
District attorney pay currently varies a lot by county because of local supplement laws. This bill would standardize future pay through a state salary and capped locality pay system, while protecting current district attorneys from pay cuts, and would temporarily freeze other officials' salaries that are formula-linked to district attorney pay to avoid sudden local budget increases.
### Key provisions
- Section 2 amends O.C.G.A. § 15-18-10 so district attorneys in office on July 1, 2026 may irrevocably elect (by written notice to the Prosecuting Attorneys' Council and county governing authorities) to switch to the new pay system, or keep their current pay by default, with the option expiring January 1, 2034.
- Section 3 repeals a subsection of O.C.G.A. § 15-18-10.1 dealing with the annual accountability supplement.
- Section 4 adds new O.C.G.A. § 15-18-10.2, capping county locality pay at the lesser of 10 percent of the state salary or $20,608.05, with a sliding-scale reduction once the state salary exceeds $206,805, and bars most other county salary supplements after July 1, 2026, except for probate/magistrate court contract work.
- Section 4 also preserves counties' ability to keep providing existing fringe benefits and protects existing retirement benefits and rights from being altered by the new locality pay system.
- Section 5 amends O.C.G.A. § 45-7-4 so the General Assembly sets district attorney salaries in the annual budget act, capped at 88 percent of a specified base judicial salary.
- Section 6 adds new O.C.G.A. § 1-3-13, suspending local laws that tie other officials' pay to district attorney salary increases, with the suspension for judges automatically lifting July 1, 2027, and the General Assembly or local governments retaining power to act during the suspension.
- Section 7 sets the effective date of the Act as July 1, 2026.
## Status
- Status: Introduced (2026-01-27)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Matt Reeves, Chuck Efstration, Stan Gunter, Trey Kelley, Tyler Smith, Rob Leverett
- Official page: https://www.legis.ga.gov/legislation/72358
> The history, votes, and amendments (319 characters) are at https://georgiacommons.org/bills/2025-2026/hb1028.md?full=1