SB 328: State Court of Henry County; additional judge; provide

The State Court of Henry County currently has four judges under a 1998 law that was last updated in 2008. Senate Bill 328 amends that law to add a fifth judgeship, effective January 1, 2026. The Governor would appoint the first person to fill the new seat, serving an initial term through December 31, 2028. After that, Henry County voters would elect a successor in a nonpartisan election held alongside the 2028 general election, and every four years after that. The bill also sets pay for the new judge at 90 percent of the Henry County Superior Court judge's salary, designates the longest-serving judge as chief judge with a $10,000 annual salary supplement, and allows the chief judge to appoint a temporary judge pro hac vice for up to a one-year term when needed. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Increases the number of State Court of Henry County judges from four to five, effective January 1, 2026.
• Directs the Governor to appoint the initial fifth judge to serve until December 31, 2028.
• Establishes that the fifth judge's successor will be chosen by Henry County voters in a nonpartisan election held with the 2028 general election and every four years afterward.
• Sets the new judge's salary at 90 percent of the Henry County Superior Court judge's pay, funded by the county.
• Names the longest-serving judge as chief judge and gives that judge a $10,000 per year salary supplement.
• Allows the chief judge to appoint a temporary judge pro hac vice for up to one year if needed.

Henry County residents and litigants who use the State Court of Henry County, the current and future judges of that court, the Governor's office (which makes the initial appointment), Henry County voters (who will elect the judge's successor), and Henry County's budget, which pays the judges' salaries.

Adding a fifth judge could help the State Court of Henry County handle its caseload with an additional judicial officer. It also changes how that judge reaches the bench, first by gubernatorial appointment, then by popular election, and adds a new recurring cost to the county for salary and the chief judge's supplement.

• Section 1 rewrites Section 11 of the 1998 Henry County state court law, keeping four judges until January 1, 2026, then setting the total at five judges.
• The fifth judge is appointed by the Governor to an initial term ending December 31, 2028, and until a successor is elected and qualified.
• The successor is elected in a nonpartisan election held with the 2028 general election under O.C.G.A. § 21-2-138, and every four years thereafter, serving four-year terms.
• Judges must meet qualifications and are subject to discipline under O.C.G.A. Chapter 7 of Title 15 and hold the same powers as other state court judges.
• The new judge's salary is set at 90 percent of the Henry County Superior Court judge's salary, paid from county funds on the same schedule as other county employees.
• The longest-serving judge becomes chief judge and receives a $10,000 annual salary supplement for administrative duties.
• The chief judge may appoint a judge pro hac vice for up to a one-year term if necessary, subject to the same qualifications as a regular judge.
• Section 2 makes the Act effective upon the Governor's signature or upon becoming law without his signature.

1. 2025-05-13Effective Date
2. 2025-05-13Act 247
3. 2025-05-13Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-02House Passed/Adopted (House)
6. 2025-04-02House Third Readers (House)
7. 2025-04-02House Committee Favorably Reported (House)
8. 2025-03-27House Second Readers (House)

• Brian Strickland (R, SD-42)Primary sponsor
• Gail Davenport (D, SD-17)
• Rick Williams (R, SD-25)
• Emanuel Jones (D, SD-10)
• Noelle Kahaian (R, HD-81)

1. PassedSenate voteMarch 21, 2025

   53 yea, 0 nay (2 not voting, 1 excused)

   LOCAL CONSENT CALENDAR: Senate Vote #265

2. PassedHouse voteApril 2, 2025

   168 yea, 0 nay (7 not voting, 5 excused)

   Local Calendar: House Vote #377

• Henry County courts
• state court judges
• judicial appointments
• local government
• Georgia courts