---
title: HB 93. Tallapoosa Judicial Circuit; superior courts; provide additional judge
collection: bills
id: 2025-2026/hb93
cite_as: HB 93, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb93
md_url: https://georgiacommons.org/bills/2025-2026/hb93.md
text_url: https://georgiacommons.org/bills/2025-2026/hb93/text
source_url: https://www.legis.ga.gov/legislation/69432
date: 2025-01-27
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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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb93.md?full=1
bill_number: HB 93
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-16
last_action: House Second Readers
sponsors:
  - Tyler Smith
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB93/2025
upstream_id: 1925938
summaries_model: claude-sonnet-5
topic_tags:
  - superior courts
  - judicial appointments
  - Tallapoosa Judicial Circuit
  - local government funding
  - judicial elections
---

# HB 93. Tallapoosa Judicial Circuit; superior courts; provide additional judge

## Text

House Bill 93
By: Representative Smith of the 18th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the
number of judges of superior courts, so as to provide for an additional judge of the superior
courts of the Tallapoosa Judicial Circuit; to provide for the appointment and term of such
additional judge by the Governor; to provide for the election and terms of successors to the
judge initially appointed; to require candidates for such judgeships to designate the seat for
which they are running; to prescribe the powers of such judge; to prescribe the compensation,
salary, and expense allowance of such judge to be paid by the State of Georgia and the
counties included in such circuit; to authorize the judges of such circuit to divide and allocate
the work and duties thereof; to provide for the designation of a chief judge; to provide for the
manner of impaneling jurors; to provide for an additional court reporter for such circuit; to
authorize the governing authority of the counties included in such circuit to provide facilities,
office space, supplies, equipment, and personnel for such judges; to declare inherent
authority; to provide for related matters; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of
judges of superior courts, is amended by revising paragraph (38) as follows:
"(38) Tallapoosa Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>2</del> <ins>3"
</ins> SECTION 2.
The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in
this Act shall be appointed by the Governor for a term beginning July 1, 2025, and expiring
December 31, 2026, and until a successor is elected and qualified. At the nonpartisan
judicial election to be held in 2026, there shall be elected a successor to such additional judge
appointed as provided for in this section, and he or she shall take office on the first day of
January, 2027, and serve for a term of office of four years and until a successor is duly
elected and qualified. All subsequent successors to such judge shall be elected at the
nonpartisan judicial election conducted in the year in which the term of office of such judge
shall expire and serve for a term of four years and until his or her successor is duly elected
and qualified. Such judges shall take office on the first day of January following the date of
their election. Such elections shall be held and conducted as is now or may hereafter be
provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 3.
Each person who offers for election as one of the judges of the superior courts of the
Tallapoosa Judicial Circuit shall designate with the proper authority in all general elections
the specific seat for which such person offers by naming the incumbent judge whom he or
she desires to succeed and thereupon such person shall be permitted, if otherwise qualified,
to run for such designated judgeship and no other. In the event that there is no incumbent
judge in the seat for which such person desires to offer, the person shall qualify by
announcing his or her intention to run for the office for which there is no incumbent.
SECTION 4.
The additional judge of the superior courts of the Tallapoosa Judicial Circuit provided for in
this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and
immunities of the present judges of the superior courts of this state. Any of the judges of the
Tallapoosa Judicial Circuit may preside over any cause, whether in their own or in other
circuits, and perform any official act as judge thereof, including sitting on appellate courts
as provided by law.
SECTION 5.
The qualifications of such additional judge and his or her successors shall be the same as are
now provided by law for all other superior court judges, and his or her compensation, salary,
and expense allowance from the State of Georgia and from the counties comprising such
circuit shall be the same as that of other judges of the Tallapoosa Judicial Circuit. The salary
supplements enacted by the counties comprising such circuit for the present superior court
judges of such circuit shall also be applicable to the additional judge provided by this Act.
SECTION 6.
All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be
returnable to the terms of such superior courts as they are now fixed and provided by law,
or as they may hereafter be fixed or determined by law, and all terms of such courts shall be
held in the same manner as though there were but one judge, it being the intent and purpose
of this Act to provide the judges of such circuit with equal jurisdiction and authority to attend
to and perform the functions, powers, and duties of the judges of such superior courts and to
direct and conduct all hearings and trials in such courts.
SECTION 7.
Upon and after qualification of the additional judge of the Tallapoosa Judicial Circuit, the
judges of the Tallapoosa Judicial Circuit may adopt, promulgate, amend, and enforce such
rules of practice and procedure in consonance with the Constitution and laws of the State of
Georgia as they deem suitable and proper for the effective transaction of the business of the
courts; and, in transacting the business of the courts and in performing their duties and
responsibilities, the judges shall share, divide, and allocate the work and duties to be
performed by each. In the event of a disagreement among the judges in respect hereof, the
majority shall rule, or failing a majority, the decision of the senior judge in point of service,
who shall be known as the chief judge, shall be controlling.
SECTION 8.
The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted
by any of the judges of the superior courts of such circuit; and such judges, collectively or
individually, shall have full power and authority to draw and impanel jurors for service in
such courts so as to have jurors for the trial of cases before any of such judges separately or
before each of them at the same time.
SECTION 9.
The judges of the Tallapoosa Judicial Circuit shall be authorized and empowered to employ
an additional court reporter for such circuit whose compensation shall be as now or hereafter
provided by law.
SECTION 10.
All writs, processes, orders, subpoenas, and any other official paper issuing out of the
superior courts of the Tallapoosa Judicial Circuit may bear teste in the name of any judge of
such circuit and, when issued by and in the name of any judge of such circuit, shall be fully
valid and may be held and determined before the same or any other judge of such circuit.
Any judge of such courts may preside over any cause therein and perform any official act as
judge thereof.
SECTION 11.
The governing authorities of the counties comprising the Tallapoosa Judicial Circuit shall
provide the judges of such circuit with suitable courtrooms and facilities, office space,
telephones, furniture, office equipment, supplies, and such personnel as may be considered
necessary to the proper functioning of the courts. All of the expenditures authorized in this
Act are declared to be an expense of the superior court for which such expenditure was
authorized and shall be payable out of such court's respective county treasury as such.
SECTION 12.
Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers,
duties, and responsibilities of superior court judges provided by the Constitution and statutes
of the State of Georgia.
SECTION 13.
This Act shall become effective for the purpose of appointing the additional judge upon its
approval by the Governor or upon its becoming law without such approval and for all other
purposes on July 1, 2025.
SECTION 14.
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 93 would add a third superior court judge to the Tallapoosa Judicial Circuit, initially appointed by the Governor and later filled through nonpartisan elections.

### Plain-language summary

The Tallapoosa Judicial Circuit currently has two superior court judges under Georgia law (O.C.G.A. § 15-6-2). This bill would raise that number to three by amending the code section that lists how many judges each circuit gets.
The Governor would appoint the new judge to serve from July 1, 2025 until December 31, 2026. Voters would then pick a successor in the 2026 nonpartisan judicial election, who would take office in January 2027 and serve a normal four-year term, with elections for that seat repeating every four years afterward. Candidates would have to declare which specific judgeship they are running for. The bill also lets the circuit's judges divide up casework, name a chief judge, share jury duties, and hire an extra court reporter, with the counties in the circuit providing office space and other support. Most provisions take effect July 1, 2025.

### What it does

- Amends O.C.G.A. § 15-6-2 to increase the number of superior court judges in the Tallapoosa Judicial Circuit from two to three.
- Directs the Governor to appoint the new judge for a term starting July 1, 2025 and ending December 31, 2026.
- Requires the new judgeship to be filled by nonpartisan election starting in 2026, with the winner serving a four-year term beginning January 2027.
- Requires future candidates for any Tallapoosa Circuit judgeship to designate which specific seat or incumbent they are running to succeed.
- Authorizes the circuit's judges to divide their workload, name a chief judge by seniority when there is no majority agreement, and hire an additional court reporter.
- Requires the counties in the circuit to provide courtrooms, office space, equipment, and staff for the new judge, paid from county treasuries.

### Who it affects

Residents and litigants in the Tallapoosa Judicial Circuit, the sitting and future superior court judges there, county governments that must fund facilities and staff, court reporters, and candidates who run for judicial office in that circuit.

### Why it matters

Adding a third judge could speed up case processing and reduce workload strain in the Tallapoosa Judicial Circuit, but it also means the counties in that circuit will bear added costs for salary supplements, office space, and staff to support the new judgeship.

### Key provisions

- Section 1 changes the judge count for the Tallapoosa Circuit in O.C.G.A. § 15-6-2 from 2 to 3.
- Section 2 sets the appointment term (July 1, 2025 to December 31, 2026) and establishes the 2026 election and subsequent four-year terms for the new seat.
- Section 3 requires judicial candidates in the circuit to designate the specific seat or incumbent they seek to succeed.
- Section 5 makes the new judge's pay, from the state and the circuit's counties, equal to that of the circuit's other judges, including local salary supplements.
- Section 7 lets the circuit's judges divide duties and designate a chief judge by seniority if they cannot agree.
- Section 9 authorizes hiring an additional court reporter for the circuit.
- Section 11 requires the counties in the circuit to provide courtrooms, office space, equipment, and personnel, paid from county funds.
- Section 13 sets the effective date as July 1, 2025 for the judge appointment and all other purposes.

## Status

- Status: Introduced (2025-01-16)
- Last action: House Second Readers (2025-01-27)
- Sponsors: Tyler Smith
- Official page: https://www.legis.ga.gov/legislation/69432

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb93.md?full=1