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SB 449 - State Court Judges - residency requirements

Gillis, Sr., Hugh M (20th)	Starr, Terrell (44th)	Dean, Nathan (31st)
Kemp, Rene' D (3rd)

Status Summary	SC:	Judy	HC:		FR:	02/14/00	LA:	02/14/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change provisions relating to residency requirements for said office; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 449                                             LC 14 7437 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 15-7-21 of the Official Code of 
  1- 2  Georgia Annotated, relating to qualifications for the office 
  1- 3  of judge of state court, so as to change provisions relating 
  1- 4  to residency requirements for said office; to provide an 
  1- 5  effective date; to repeal conflicting laws; and for other 
  1- 6  purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 15-7-21 of the Official Code of Georgia 
  1-10  Annotated, relating to qualifications for the office of 
  1-11  judge of state court, is amended by striking subsection (a) 
  1-12  and inserting in its place a new subsection to read as 
  1-13  follows: 
 
  1-14      "(a)(1) Except as provided in paragraph (2) of this 
  1-15      subsection, each judge of the state court shall be a 
  1-16      resident of the geographic area county or counties in 
  1-17      which he or she is selected to serve, shall have been a 
  1-18      resident of the state for three years next preceding the 
  1-19      beginning of his or her term of office, shall as of such 
  1-20      date be at least 25 years of age, and shall have been 
  1-21      admitted to practice law for five years. 
 
  1-22      (2) If, at the expiration of the qualifying period for 
  1-23      the general nonpartisan primary or any special election, 
  1-24      no candidate meeting the requirements of paragraph (1) 
  1-25      of this subsection has qualified, then the county 
  1-26      election superintendent shall reopen qualifying for a 
  1-27      period of 15  days, and any person may qualify who:  (A) 
  1-28      will have been for three years next preceding the 
  1-29      beginning of the term of office a resident of the 
  1-30      superior court judicial circuit containing the 
  1-31      geographic area county or counties in which the judge is 
  1-32      to serve; and (B) meets all requirements, other than the 
  1-33      residency requirement specified in paragraph (1) of this 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      subsection, for eligibility for nomination and election 
  2- 2      to the office of state court judge. 
 
  2- 3      (3) A judge of the state court who first became eligible 
  2- 4      for election to such office pursuant to paragraph (2) of 
  2- 5      this subsection shall thereafter remain eligible for 
  2- 6      nomination and election to succeed himself or herself 
  2- 7      for one or more terms without meeting the residency 
  2- 8      requirement specified in paragraph (1) of this 
  2- 9      subsection, so long as he or she remains a resident of 
  2-10      the superior court judicial circuit containing the 
  2-11      county or counties in which the judge is to serve and 
  2-12      meets all requirements, other than the residency 
  2-13      requirement specified in paragraph (1) of this 
  2-14      subsection, for eligibility for nomination and election 
  2-15      to the office of state court judge. Such continuing 
  2-16      eligibility for reelection shall not be contingent upon 
  2-17      the failure of any other candidate to qualify." 
 
  2-18                           SECTION 2. 
 
  2-19  This Act shall become effective upon its approval by the 
  2-20  Governor or upon its becoming law without such approval. 
 
  2-21                           SECTION 3. 
 
  2-22  All laws and parts of laws in conflict with this Act are 
  2-23  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-