HR1703: HR1703 House Study Committee on Criminal Post-Conviction Litigation; create

Georgia's courts have long struggled with how ineffective assistance of counsel claims are handled after a criminal conviction. Because trial lawyers cannot argue their own ineffectiveness, new counsel must be appointed to pursue a motion for new trial, which the resolution's preamble says regularly causes years-long delays. The Georgia Supreme Court's Chief Justice recently called the post-conviction system 'a mess' and said fixing it would require legislative action. This resolution responds by creating the House Study Committee on Criminal Post-Conviction Litigation. The 12-member committee, made up of legislators and nonlegislative members such as judges, the Attorney General, and bar leaders, would study the problems described and recommend legislation or other action. The committee must file any findings before it is abolished on December 1, 2026.

• Creates the House Study Committee on Criminal Post-Conviction Litigation, made up of 12 members.
• Directs the Speaker of the House to appoint five legislative members, including chairs of two House Judiciary committees and the Judicial Subcommittee on Appropriations.
• Directs the Speaker to appoint seven nonlegislative members, including the Attorney General, the Chief Justice of the Georgia Supreme Court, two superior court judges, and leaders of statewide legal organizations, or their designees.
• Authorizes the committee to study problems with post-conviction litigation and recommend legislation or other action.
• Sets per diem and expense allowances for committee members under existing state law (O.C.G.A. §§ 28-1-8 and 45-7-21) and caps paid days at five unless more are authorized.
• Abolishes the committee on December 1, 2026, requiring any report to be filed before that date.

Members of the newly created study committee, including House legislators, the Attorney General, the Chief Justice of the Georgia Supreme Court, superior court judges, criminal defense lawyers, and prosecutors. More broadly, it concerns criminal defendants, defense attorneys, and courts involved in post-conviction appeals across Georgia.

If enacted, the committee's work could lead to future legislation changing how ineffective assistance of counsel claims are litigated in Georgia, potentially affecting how quickly criminal appeals move through the courts. For now, the resolution only creates a study process, not a change to the law itself.

• Paragraph (1) establishes the House Study Committee on Criminal Post-Conviction Litigation.
• Paragraph (2) sets the committee's composition at 12 members and specifies how legislative and nonlegislative members are appointed.
• Paragraph (3) charges the committee with studying the conditions, needs, and problems described in the resolution's preamble and recommending action or legislation.
• Paragraph (4) lets the chairperson call and schedule meetings as needed.
• Paragraph (5) sets member allowances and expense reimbursement, capped at five paid days unless more are authorized, funded through House of Representatives appropriations.
• Paragraph (6) requires any committee report with legislative recommendations to be approved by majority vote and filed 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
• legal representation
• post-conviction appeals
• courts and judges
• legislative study committees