Senate Bill 215
By: Senators Robertson of the 29th, Echols of the 49th, Gooch of the 51st, Goodman of the
8th and Kirkpatrick of the 32nd
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated,
relating to the State Bar of Georgia, so as to provide for the responsibilities of the
administrative arm of the Supreme Court relative to the practice of law in this state; to repeal
provisions for the establishment of a unified self-governing bar association to be known as
the 'State Bar of Georgia,' composed of all persons licensed to practice law in this state; to
provide for jury trials prior to final orders or disbarments relative to individuals licensed to
practice law in this state; to provide for furnishing rules and regulations governing the
practice of law in this state; to repeal provisions relative to the amendment of rules and
regulations of the State Bar of Georgia; to provide for legislative findings and intent; to
provide for related matters; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) The General Assembly finds that, in the case of Janus v. AFSCME, Council 31, 585
U.S. 878 (2018), the United States Supreme Court held that:
(1) The First Amendment, made applicable to the states by the Fourteenth Amendment,
forbids abridgment of the freedom of speech; that freedom of speech includes both the
right to speak freely and the right to refrain from speaking at all; and that the right to
eschew association for expressive purposes is likewise protected, as freedom of
association plainly presupposes a freedom not to associate;
(2) Forced associations that burden protected speech are impermissible, as is compelling
one person to subsidize the speech of another; and
(3) States and public sector unions that extract agency fees from nonconsenting members
violate the First Amendment.
(b) It is the General Assembly's intent that individuals who are licensed to practice law in
this state shall not be required to be members of any bar association or other organization for
which they are required to pay license fees that may be used to advocate for public policies
espoused by such bar association or other organization for any purpose other than:
(1) Adopting rules and regulations governing the practice of law in this state and
defining the rights, duties, and obligations of individuals licensed to practice law in this
state;
(2) The examination of individuals applying for a license to practice law in this state;
(3) The admission of qualified applicants to the practice of law in this state;
(4) Enforcing the ethical rules governing individuals licensed to practice law in this state;
(5) Regulating the mandate of continuing legal education for individuals licensed to
practice law in this state; and
(6) Pursuing those who engage in the unauthorized practice of law in this state.
SECTION 2.
Article 2 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the
State Bar of Georgia, is amended by revising Code Section 15-19-30, relating to
establishment of unified state bar authorized, as follows:
"15-19-30.
In recognition of the fact that attorneys are officers of the courts of this state; that they have
the exclusive right to practice law and represent members of the public in connection with
their legal affairs; that they are charged with important responsibilities in connection with
the administration of justice both in and out of the courts; and that for these reasons a
strong legal profession is in the public interest, the Supreme Court of this state is
authorized to establish as an administrative arm of the court <ins>to be responsible for:
(1) Adopting rules and regulations governing the practice of law in this state and
defining the rights, duties, and obligations of individuals licensed to practice law in this
state;
(2) The examination of individuals applying for a license to practice law in this state;
(3) The admission of qualified applicants to the practice of law in this state;
(4) Enforcing the ethical rules governing individuals licensed to practice law in this state;
(5) Regulating the mandate of continuing legal education for individuals licensed to
practice law in this state; and
(6) Pursuing those who engage in the unauthorized practice of law in this state.
</ins> <del>a unified self-governing bar association which shall be known as the 'State Bar of Georgia,'
composed of all persons licensed to practice law in this state."
</del> SECTION 3.
Said article is further amended by revising Code Section 15-19-31, relating to adoption of
rules for organization and government of the State Bar of Georgia, as follows:
"15-19-31.
<del>The Supreme Court shall have the authority by appropriate orders, upon recommendation
made by the State Bar of Georgia, to adopt rules and regulations for the organization and
government of the unified state bar and to define the rights, duties, and obligations of the
members therein, including the payment of a reasonable license fee, and otherwise to
</del>
<del>regulate and govern the practice of law in this state, to the end that the unified state bar
shall promote the best interest of the public by maintaining high standards of conduct in
the legal profession and by aiding in the efficient administration of justice.</del> <ins>As a
prerequisite to or a condition of being or remaining licensed to practice law in this state,
no individual shall be required to be a member of any association composed of individuals
licensed to practice law in this state, including, but not limited to, the State Bar of Georgia."
</ins> SECTION 4.
Said article is further amended by revising Code Section 15-19-32, relating to option of jury
trial prior to final order or disbarment, as follows:
"15-19-32.
The rules and regulations governing <del>the unified state bar</del> <ins>the practice of law in this state
</ins> shall provide that before a final order of any nature or any judgment of disbarment is
entered the attorney involved may elect to have any material issues of fact determined by
a jury in the superior court of the county of his <ins>or her</ins> residence."
SECTION 5.
Said article is further amended by revising Code Section 15-19-33, relating to procedure for
adoption of rules; as follows:
"15-19-33.
A copy of proposed rules and regulations <del>of the State Bar of Georgia</del> <ins>governing the practice
of law in this state</ins> shall be furnished to all <del>members</del> <ins>individuals licensed to practice law
in this state.</ins> The Supreme Court shall set down for public hearing the adoption of
proposed rules and regulations and any attorney or other person interested may appeal in
person or by brief for the purpose of either supporting or opposing proposed rules and
regulations."
SECTION 6.
Said article is further amended by repealing Code Section 15-19-34, relating to amendment
of rules, in its entirety.
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.