HR 1703: House Study Committee on Criminal Post-Conviction Litigation; create

When someone convicted of a crime in Georgia claims their trial lawyer performed poorly enough to violate their right to counsel, Georgia court rules require a new lawyer to raise that claim, often causing years-long delays before a motion for new trial is decided. The resolution's preamble cites Georgia Supreme Court cases and a recent concurring opinion from Chief Justice Nels Peterson describing the state's post-conviction system as 'a mess' that requires legislative action to fix. This resolution creates the House Study Committee on Criminal Post-Conviction Litigation, made up of 12 members including legislators, judges, the Attorney General, and representatives of defense lawyers and prosecutors. The committee would study the delays and problems described and recommend legislation. It must hold meetings, may issue a report with proposed legislation, and is set to be abolished on December 1, 2026.

• Creates a 12-member House Study Committee on Criminal Post-Conviction Litigation to examine delays in resolving ineffective assistance of counsel claims.
• Directs the Speaker of the House to appoint five legislative members, including chairs of specific House committees, and seven nonlegislative members such as judges and legal association leaders.
• Authorizes the committee to study the problems described in the resolution and recommend legislation or other action.
• Sets rules for committee meetings, expense reimbursement for members, and funding from House-appropriated funds.
• Requires any approved findings or recommendations to be filed as a report with the Clerk of the House before the committee is abolished.
• Abolishes the committee automatically on December 1, 2026.

The resolution directly affects members appointed to the study committee, including legislators, superior court judges, the Attorney General, the Chief Justice, and leaders of the State Bar, criminal defense lawyers, and prosecutors. More broadly, it concerns criminal defendants raising ineffective assistance of counsel claims and the public defender system.

The study could lead to legislation changing how Georgia handles claims that a defendant's trial lawyer performed poorly, a process the resolution says currently causes years-long delays in resolving appeals for people convicted of crimes, affecting defendants, courts, and public defender offices statewide.

• Paragraph (1) creates the House Study Committee on Criminal Post-Conviction Litigation.
• Paragraph (2) sets the committee's 12 members: five appointed legislators (including specific committee chairs) and seven nonlegislative members such as judges, the Attorney General, and bar leaders.
• Paragraph (3) directs the committee to study the delays in post-conviction litigation and recommend action or legislation.
• Paragraph (5) sets expense allowances for legislative, state official, and nonlegislative members, capped at five days unless extended, funded through House appropriations.
• Paragraph (6) requires any approved findings or recommendations to be filed as a report with the Clerk of the House before abolishment.
• Paragraph (7) abolishes the committee on December 1, 2026.

1. 2026-03-25House Committee Favorably Reported (House)
2. 2026-03-19House Second Readers (House)
3. 2026-03-18House First Readers (House)
4. 2026-03-16House Hopper (House)

• Stan Gunter (R, HD-008)Primary sponsor
• Tyler Smith (R, HD-018)
• Rob Leverett (R, HD-123)
• Esther Panitch (D, HD-051)
• Scott Holcomb (D, HD-101)
• Chuck Efstration (R, HD-104)

• criminal justice
• ineffective assistance of counsel
• public defenders
• court delays
• legislative study committees