HB 1403: Courts; service by judges, justices, court officers, and other individuals as a judge advocate in certain capacities; provide

Currently, judges, justices, magistrates, clerks of court, and other court officials in Georgia might face conflicts or restrictions under existing laws, rules, or regulations that could limit their ability to also serve in military legal roles, specifically as judge advocates (military lawyers who advise commanders) in a reserve component of the U.S. armed forces or in Georgia's organized militia. This bill adds a new section to Georgia law, O.C.G.A. § 15-1-8.1, stating that no judge, justice, magistrate, presiding officer, clerk of court, or other court officer shall be limited from serving as a judge advocate or offering advice in that role, or in any other position, in a reserve military component or organized militia of Georgia or any other state. The bill does not set an effective date beyond the standard process, and it repeals any conflicting laws.

• Adds a new Code section (O.C.G.A. § 15-1-8.1) protecting judges, justices, and court officers from being limited in serving as military judge advocates.
• Covers a broad range of court officials, including judges, justices, magistrates, presiding officers of inferior courts or commissions, and clerks of court.
• Applies the protection to service in a reserve component of the U.S. military or in Georgia's organized militia, as well as similar service in any other state.
• Overrides any other conflicting law, rule, or regulation that might otherwise restrict such dual service.
• Repeals all existing laws or parts of laws that conflict with this new provision.

Georgia judges, justices, magistrates, presiding officers of inferior courts or commissions, and clerks of court who also serve or wish to serve as judge advocates in a military reserve component or the organized state militia are directly affected by this bill.

Court officials who also hold military reserve or militia legal positions would have clear legal protection against restrictions that might otherwise limit that service, potentially making it easier for them to balance judicial careers with military legal duties.

• Section 1 creates new Code Section 15-1-8.1, stating that no judge, justice, magistrate, presiding officer, clerk of court, or other court officer shall be limited from serving as a judge advocate.
• The protection extends to service in a reserve component of the U.S. military or in the organized militia as defined in O.C.G.A. § 38-2-2 and provided for in § 38-2-3.
• The protection applies whether the service is in Georgia's militia or that of any other state.
• Section 2 repeals all laws and parts of laws that conflict with the new provision.

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

• Reynaldo Martinez (R, HD-111)Patrocinador principal
• 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
• judges
• military service
• judge advocates
• state militia