HB1403: HB1403 Courts; service by judges, justices, court officers, and other individuals as a judge advocate in certain capacities; provide

Currently there is some uncertainty about whether Georgia judges, justices, magistrates, clerks of court, and other court officials face limits on serving in the military reserves or state militia, particularly in legal roles known as judge advocates. This bill adds a new section to Georgia's laws on courts (O.C.G.A. Title 15, Chapter 1) to remove any such limits. The bill states that no judge, justice, magistrate, presiding officer of any lower court or commission, clerk of court, or other court officer can be restricted from serving as a judge advocate, giving legal advice in that role, or holding any other position in a reserve component of the United States military or in the organized militia of Georgia or any other state. The organized militia is defined by reference to existing Georgia law (O.C.G.A. §§ 38-2-2 and 38-2-3). The bill repeals any conflicting laws but does not state a specific delayed effective date in the text provided.

• Adds a new Code section (O.C.G.A. § 15-1-8.1) stating court officials cannot be limited from serving as judge advocates or in other roles in a military reserve or state militia.
• Covers a broad list of court personnel: judges, justices of any court or administrative body, magistrates, presiding officers of inferior courts or commissions, clerks of court, and other court officers.
• Applies to service in a reserve component of the United States military or in the organized militia of Georgia or any other state, using definitions already in Georgia law (O.C.G.A. §§ 38-2-2 and 38-2-3).
• Repeals any existing laws that conflict with this new protection.

Judges and justices of any Georgia court or administrative body, magistrates, presiding officers of inferior courts or commissions, clerks of court, and other court officers who also serve or wish to serve as judge advocates or in other roles in a military reserve component or the organized militia.

Court officials who also serve in the military reserves or state militia would have clear legal assurance that their judicial or court roles cannot be used to block that service, potentially making it easier for them to hold both positions at once.

• Section 1 adds O.C.G.A. § 15-1-8.1, barring any law, rule, or regulation from limiting covered court officials from serving as a judge advocate or in other capacities in a military reserve or militia.
• The new section lists covered individuals broadly: judges, justices, magistrates, presiding officers of inferior judicatures or commissions, clerks of court, and other officers of the courts and tribunals of Georgia.
• The protection extends to service in the organized militia of Georgia or of any other state, as defined in O.C.G.A. §§ 38-2-2 and 38-2-3.
• Section 2 repeals all laws and parts of laws that conflict with the new provision.

1. 2026-03-03House Committee Favorably Reported (House)
2. 2026-02-25House Second Readers (House)
3. 2026-02-24House First Readers (House)
4. 2026-02-20House Hopper (House)

• Reynaldo Martinez (R, HD-111)Primary sponsor
• Matt Reeves (R, HD-099)
• Rob Leverett (R, HD-123)
• Josh Bonner (R, HD-073)
• Mitchell Scoggins (R, HD-014)
• Trey Kelley (R, HD-016)

• courts
• military reserves
• judges
• state militia
• judicial service