---
title: HB 304. Local government; Georgia Municipal Court Clerks' Council; create
collection: bills
id: 2025-2026/hb304
cite_as: HB 304, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb304
md_url: https://georgiacommons.org/bills/2025-2026/hb304.md
text_url: https://georgiacommons.org/bills/2025-2026/hb304/text
source_url: https://www.legis.ga.gov/legislation/69978
date: 2026-05-12
status: passed
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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previous: https://georgiacommons.org/bills/2025-2026/hb303.md
next: https://georgiacommons.org/bills/2025-2026/hb305.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1314
omitted_url: https://georgiacommons.org/bills/2025-2026/hb304.md?full=1
bill_number: HB 304
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-07-01
sponsors:
- Bill Yearta
- Joseph Gullett
- Stan Gunter
- Trey Kelley
- Matt Reeves
- Matt Barton
- Brian Strickland
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB304/2025
upstream_id: 1958413
summaries_model: claude-sonnet-5
topic_tags:
- municipal courts
- judicial retirement
- court administration
- local government
- court clerks
---
# HB 304. Local government; Georgia Municipal Court Clerks' Council; create
## Text
House Bill 304 (AS PASSED HOUSE AND SENATE)
By: Representatives Yearta of the 152nd, Gullett of the 19th, Gunter of the 8th, Kelley of the
16th, Reeves of the 99th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to
municipal courts, so as to provide for the office of senior municipal court judge; to provide
for qualifications, application and approval procedures, and amenities and privileges of such
judges; to preserve local actions establishing senior judges for particular municipal courts;
to create the Georgia Municipal Court Clerks' Council; to provide for definitions; to provide
for the membership, powers, and duties of the council; to provide for funding of the council;
to provide for the status of the council and its members; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal
courts, is amended in Code Section 36-32-40, relating to creation of council, membership and
organization, purpose, expenses, contracts, assistance to council, members not ineligible to
hold office of judge and notifications, by revising subsection (a) as follows:
"(a) There is created a council of municipal court judges to be known as the 'Council of
Municipal Court Judges of Georgia.' The council shall be composed of the judges of the
municipal courts of this state together with the senior municipal court judges of this state
as provided for in Code Section 36-32-42. The council is authorized to organize itself and
to develop a constitution and bylaws. The officers of said council shall consist of a
president, a first vice president, a second vice president, a secretary, a treasurer, and such
other officers as the council shall deem necessary. The council shall have an executive
committee composed of two representatives from each judicial administrative district."
SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows:
"36-32-42.
(a) There is created the office of senior municipal court judge of this state. Any former
judge of a municipal court of this state or any former judge of a court of this state
exercising municipal court jurisdiction may apply to become a senior municipal court judge
if such former judge is no longer serving as a municipal court judge and had previously
served in such capacity for an aggregate period of not less than ten years. The president
of the Council of Municipal Court Judges, shall prescribe the form for such applications,
review applications, and notify applicants as to whether or not he or she will be appointed
as a senior municipal court judge. The approval or denial of an application shall be made
within 30 days of the submission of such application.
(b)(1) A senior municipal court judge appointed pursuant to subsection (a) of this Code
section shall:
(A) Comply with the mandatory training required by subsection (c) of Code Section
36-32-27 in order to maintain the status as a certified municipal court judge or a
certified judge of a court exercising municipal court jurisdiction;
(B) Be licensed to practice law in the State of Georgia; and
(C) Be an active member in good standing of the State Bar of Georgia.
(2) Any former municipal court judge who is not licensed to practice law in this state
may apply for senior municipal court judge status if such former judge otherwise meets
the qualifications required by Code Section 36-32-1.1.
(c) A senior municipal court judge shall not be required to pay any support or registration
fees related to the mandatory training required by subparagraph (b)(1)(A) of this Code
section, but such judge shall be responsible for all other costs attendant to said mandatory
training.
(d) Senior municipal court judges shall enjoy all of the amenities and privileges of judges
of other classes of courts of this state that are otherwise accorded to municipal court judges.
Senior municipal court judges shall not be required to sit as a judge in any court or be
required to comply with the requirements of subsection (b) of this Code section in order
to enjoy the amenities and privileges accorded pursuant to this Code section.
(e) This Code section shall not supersede any local law, Act, ordinance, resolution, or
other official action by a municipality establishing the office of senior judge of a particular
municipal court."
SECTION 3.
Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 4
36-32-50.
(a) As used in this Code section, the term:
(1) 'Council' means the Georgia Municipal Court Clerks' Council.
(2) 'Municipal court staff' means the primary person most directly responsible for the
administration of a municipal court, other than a judge of the municipal court, and his or
her support staff.
(b) There is created the Georgia Municipal Court Clerks' Council. The council shall be
composed of the municipal court staff of all municipal courts within this state. The council
is authorized to organize itself and to develop a constitution and bylaws. The council is
authorized to elect such officers, including an executive committee, as it shall deem
advisable to carry out its duties and responsibilities. The council is authorized to appoint
advisory committees and establish the membership and duties thereof. In addition to the
members of the council, the council is authorized to provide for special classes of
nonvoting memberships for honorary members and those persons who have retired from
positions involving the administration and management of municipal courts.
(c) It shall be the purpose of the council to effectuate the responsibilities conferred upon
it by law, to further the improvement of the municipal courts and the administration of
justice, to assist the municipal court staff throughout the state in the execution of their
duties, and to promote and assist in the training of municipal court staff.
(d) Expenses of the administration of the council shall be paid from state funds
appropriated for such purpose and from other appropriate sources.
(e) The council shall be a legal entity and an agency of the State of Georgia; shall have
perpetual existence; may contract; may own property; may accept funds, grants, and gifts
from any public or private source for use in defraying the expenses of the council; may
adopt and use an official seal; may establish a principal office; may employ such
administrative or clerical personnel as may be necessary and appropriate to fulfill its
necessary duties; and shall have other powers, privileges, and duties as may be reasonable
and necessary for the proper fulfillment of its purposes and duties.
(f) A member of the council shall not be ineligible to hold the office of municipal court
staff by virtue of his or her position as a member of the council and membership in the
council shall not constitute the holding of a public office."
SECTION 4.
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.
House Bill 304 would let retired Georgia municipal court judges serve as 'senior' judges and would create a new statewide council for municipal court clerks and staff, similar to the existing council for municipal court judges.
### Plain-language summary
Georgia law already has a Council of Municipal Court Judges. This bill amends that law and adds two new things. First, it creates the office of 'senior municipal court judge,' a status former municipal court judges can apply for if they served at least ten years and meet certain licensing and training conditions. Senior judges get the same amenities and privileges as active judges but are not required to actually sit on a court.
Second, the bill creates the Georgia Municipal Court Clerks' Council, made up of municipal court staff (the clerks and support staff who run day-to-day court administration) from every municipal court in the state. The council can organize itself, adopt bylaws, elect officers, accept outside funding, and hire staff. It is officially a state agency, and its purpose is to support training and professional development for municipal court staff. The bill repeals conflicting laws and does not list a delayed effective date beyond standard enactment.
### What it does
- Creates the office of senior municipal court judge for former judges with at least ten years of service who meet licensing, bar membership, and training conditions.
- Requires the president of the Council of Municipal Court Judges to review applications for senior judge status and decide within 30 days.
- Exempts senior judges from paying support or registration fees for mandatory training, though they still pay other training costs.
- Creates the Georgia Municipal Court Clerks' Council, composed of municipal court staff statewide, as a legal state agency that can own property, accept gifts and grants, and hire personnel.
- Adds the senior municipal court judges to the existing Council of Municipal Court Judges of Georgia's membership.
- Preserves any existing local laws or ordinances that already set up senior judge positions for specific municipal courts.
### Who it affects
Former and current municipal court judges across Georgia, the existing Council of Municipal Court Judges, and municipal court clerks and administrative staff statewide, who would gain a new statewide council to represent and train them.
### Why it matters
Retired judges who meet the experience and licensing requirements could keep an honorary 'senior judge' role with associated privileges without needing to actively hear cases. Municipal court clerks and staff, who currently lack a dedicated statewide body, would gain an organized council to coordinate training and represent their interests.
### Key provisions
- Section 1 revises O.C.G.A. ยง 36-32-40 to add senior municipal court judges to the membership of the Council of Municipal Court Judges of Georgia.
- Section 2 adds new Code Section 36-32-42 creating the senior municipal court judge office, application process, and 30-day decision requirement for the council president.
- Section 2 also sets qualifications: at least ten years of prior service, current Georgia bar license and good standing, or an alternate path for judges not licensed to practice law.
- Section 2 states senior judges are exempt from paying training support or registration fees but must cover other training costs.
- Section 2 clarifies that senior judges are not required to sit on any court and that the new law does not override local ordinances already creating senior judge positions.
- Section 3 adds new Article 4 (Code Section 36-32-50) creating the Georgia Municipal Court Clerks' Council, defining 'municipal court staff' and setting its structure, purpose, and powers.
- Section 3 designates the council as a legal entity and state agency that can contract, own property, accept funds and gifts, and employ staff, funded through state appropriations and other sources.
- Section 4 repeals any conflicting laws.
## Status
- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-07-01 (2026-05-12)
- Sponsors: Bill Yearta, Joseph Gullett, Stan Gunter, Trey Kelley, Matt Reeves, Matt Barton, Brian Strickland
- Official page: https://www.legis.ga.gov/legislation/69978
> The history, votes, and amendments (1,314 characters) are at https://georgiacommons.org/bills/2025-2026/hb304.md?full=1