Georgia CommonsHB 180: Probate courts; modify certain requirements for probate judges
Versión Enrolled, la más reciente que tiene LegiScan · Última acción: 14 de mayo de 2025 · Passed
El texto tal como lo tiene LegiScan, leído del PDF que publica la legislatura, sin los números de línea del margen, los encabezados ni los pies de página. Aquí los saltos de línea se unen en párrafos; no se cambia ninguna palabra. El texto está en inglés.
Las palabras subrayadas son las que el proyecto de ley agrega a la ley vigente y las tachadas son las que elimina, tal como las muestra el proyecto impreso.
House Bill 180 (AS PASSED HOUSE AND SENATE)
By: Representatives Smith of the 18th, Scoggins of the 14th, Kelley of the 16th, Hong of the 103rd, Gunter of the 8th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to modify certain requirements for probate judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-4, relating to additional judicial eligibility requirements in certain counties, as follows:
"15-9-4.
(a) No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law.
(b)(1) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no individual shall be judge of the probate court unless at the time of election qualification, in addition to the qualifications required by law, he or she:
(A) Has has attained the age of 30 years,;
(B) Has has been admitted to practice law for seven years; and preceding election,
(C) Is is a member in good standing with the State Bar of Georgia, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom.
(2) In addition to and not in lieu of the affidavit required to be filed at qualification pursuant to paragraph (2) of subsection (a) of Code Section 15-9-2, each individual offering as a candidate for the office of judge of the probate court in any county of this state to whom paragraph (1) of this subsection is applicable shall file a supplemental affidavit with the officer before whom such individual has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The supplemental affidavit shall affirm that the individual meets all the qualifications required by subparagraphs (A), (B), and (C) of paragraph (1) of this subsection.
(c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling, or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.