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 <ins>together with the senior municipal court judges of this state
as provided for in Code Section 36-32-42.</ins> 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:
<ins>"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.
</ins>
<ins>(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."
</ins> SECTION 3.
Said chapter is further amended by adding a new article to read as follows:
<ins>"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.
</ins>
<ins>(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."
</ins>
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.