--- title: SB 328. State Court of Henry County; additional judge; provide collection: bills id: 2025-2026/sb328 cite_as: SB 328, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb328 md_url: https://georgiacommons.org/bills/2025-2026/sb328.md text_url: https://georgiacommons.org/bills/2025-2026/sb328/text source_url: https://www.legis.ga.gov/legislation/71262 date: 2025-05-13 status: passed corpus_version: bills-2026-08-28 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb327.md next: https://georgiacommons.org/bills/2025-2026/sb329.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 890 omitted_url: https://georgiacommons.org/bills/2025-2026/sb328.md?full=1 bill_number: SB 328 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-13 last_action: Effective Date 2025-05-13 sponsors: - Brian Strickland - Gail Davenport - Ricky Williams - Emanuel Jones - Noelle Kahaian text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB328/2025 upstream_id: 1996822 summaries_model: claude-sonnet-5 topic_tags: - Henry County courts - state court judges - judicial appointments - local government law - Georgia elections --- # SB 328. State Court of Henry County; additional judge; provide ## Text 25 LC 62 0105 Senate Bill 328 By: Senators Strickland of the 42nd, Davenport of the 17th, Williams of the 25th and Jones of the 10th AS PASSED A BILL TO BE ENTITLED AN ACT To amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L.1 1998, p. 3954), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p.2 4090), so as to provide an additional judge for the State Court of Henry County; to provide3 for the appointment of the initial additional judge; to provide for the election of successors;4 to provide for terms of office of said additional judge and suc cessors to such judge; to5 provide for the compensation and expenses of said additional judge; to provide for a chief6 judge; to provide for a salary supplement for the chief judge; to provide for the appointment7 of a judge pro hac vice; to provide for an effective date; to repeal conflicting laws; and for8 other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 An Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p.12 3954), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4090),13 is amended by revising Section 11 as follows:14 S. B. 328 - 1 - 25 LC 62 0105 "SECTION 11.15 (a) Until January 1, 2026, there shall be four judges of the State Court of Henry County. 16 The judges of the state court in office on January 1, 2025, shall continue to serve the term17 of office to which such judge was elected and until the election and qualification of his or18 her successor.19 (b) Effective January 1, 2026, there shall be five judges of t he State Court of Henry20 County. The fifth judge added e ffective January 1, 2026, shall be appointed by the21 Governor for an initial term of office ending December 31, 2028, and until the election and22 qualification of his or her successor. The successor to said j udge shall be elected by the23 qualified voters of Henry County at a nonpartisan election to be held and conducted jointly24 with the general election in 2028 and quadrennially thereafter pursuant to Code25 Section 21-2-138 of the O.C.G.A. The judge thus elected shall serve a four-year term until26 the election and qualification of his or her successor.27 (c) The judges of said court shall have such qualifications an d shall be subject to such28 restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. Said judges29 shall be vested with the power and authority of the judges of the state courts by Chapter 730 of Title 15 of the O.C.G.A.31 (d) The judges shall devote their full time to the duties of said office and shall be paid a32 salary equal to 90 percent of the salary now or hereafter paid to the judges of the Superior33 Court of Henry County. Said salary shall be payable out of the funds of Henry County at34 the same intervals as installments are paid to other county employees.35 (e) The judge of the State Court of Henry County who has serve d the longest period of36 time in office as judge of said court shall be the chief judge of the State Court of Henry37 County, and such chief judge shall receive a salary supplement of $10,000.00 per annum38 to compensate him or her for the administrative duties imposed upon the chief judge.39 S. B. 328 - 2 - 25 LC 62 0105 (f) In the event it should become necessary, the chief judge may appoint a judge pro hac40 vice to serve, not to exceed a one-year term per appointment. Such judge pro hac vice shall41 meet the same requirements as a judge of the State Court of Henry County."42 SECTION 2.43 This Act shall become effective upon its approval by the Governor or upon its becoming law44 without such approval. 45 SECTION 3.46 All laws and parts of laws in conflict with this Act are repealed.47 S. B. 328 - 3 - ## 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. A Senate bill adds a fifth judge to the State Court of Henry County starting January 1, 2026, and sets rules for appointing, electing, and paying that judge and a chief judge. ### Plain-language summary The State Court of Henry County currently has four judges under a 1998 law that has been amended over the years. This bill changes that law to add a fifth judgeship. Until January 1, 2026, the court stays at four judges, with sitting judges finishing their current terms. Starting January 1, 2026, a fifth judge is added, first appointed by the Governor to serve until December 31, 2028. After that, the seat becomes an elected position, filled by Henry County voters in a nonpartisan election held with the 2028 general election and every four years afterward. The bill also sets pay for the new judge at 90 percent of the Henry County Superior Court judges' salary, paid by the county. It names the longest-serving judge as chief judge, who gets 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 takes effect once the Governor signs it or it becomes law without a signature. ### What it does - Adds a fifth judgeship to the State Court of Henry County, effective January 1, 2026, increasing the bench from four judges to five. - Directs the Governor to appoint the first fifth judge for an initial term running through 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 after that. - Sets the salary for judges of this court at 90 percent of the Henry County Superior Court judges' pay, funded by the county. - Names the longest-serving judge as chief judge and gives that judge a $10,000 per year salary supplement for administrative duties. - Allows the chief judge to appoint a temporary judge pro hac vice for terms of up to one year when extra judicial help is needed. ### Who it affects Henry County residents who use the State Court for civil and criminal cases, the county's current and future state court judges, the Governor's office (which makes the initial appointment), Henry County voters (who will elect a successor in 2028), and Henry County government, which pays the judges' salaries. ### Why it matters Adding a fifth judge could help the State Court of Henry County handle its caseload faster, since one more judge would be hearing cases starting in 2026. Henry County taxpayers will fund the new position, and voters will eventually get to elect who holds the seat. ### Key provisions - Section 1 rewrites Section 11 of the 1998 Act creating the State Court of Henry County to add a fifth judgeship effective January 1, 2026. - Subsection (a) keeps the court at four judges until January 1, 2026, with current judges finishing their elected terms. - Subsection (b) has the Governor appoint the fifth judge initially, through December 31, 2028, after which the seat is filled by nonpartisan election tied to the 2028 general election and every four years thereafter. - Subsection (d) sets judicial pay at 90 percent of the Henry County Superior Court judges' salary, paid by the county. - Subsection (e) designates the longest-serving judge as chief judge with a $10,000 annual salary supplement. - Subsection (f) lets the chief judge appoint a judge pro hac vice for up to a one-year term as needed. - Section 2 makes the Act effective upon the Governor's approval or upon becoming law without approval. - Section 3 repeals any conflicting laws. ## Status - Status: Passed (2025-05-13) - Last action: Effective Date 2025-05-13 (2025-05-13) - Sponsors: Brian Strickland, Gail Davenport, Ricky Williams, Emanuel Jones, Noelle Kahaian - Official page: https://www.legis.ga.gov/legislation/71262 > The history, votes, and amendments (890 characters) are at https://georgiacommons.org/bills/2025-2026/sb328.md?full=1