Bill Text: GA HB495 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Probate courts; associate probate court judges; provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2009-07-01 - Effective Date [HB495 Detail]
Download: Georgia-2009-HB495-Comm_Sub.html
09 LC
29 3849S
The
Senate Judiciary Committee offered the following substitute to HB
495:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating
to probate courts, so as to provide for the appointment, compensation, term,
authority, qualifications, training, and limitations of associate probate court
judges; to provide for the filling of vacancies in the office of judge of the
probate court; to provide for the qualifications of certain judges of the
probate court; to provide for the jurisdiction of judges of the probate court;
to update language regarding conservators and guardians; 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 adding a new Code section to read as follows:
"15-9-2.1.
(a)
Appointment,
compensation, and term.
(1)
The judge of the probate court may appoint one or more persons to serve as
associate judges of the probate court in probate matters on a full-time or
part-time basis subject to the approval of the governing authority of the
county. Such associate judges of the probate court shall serve at the pleasure
of the judge of the probate court.
(2)
Whenever a full-time associate judge of the probate court is appointed to serve
in a probate court, the clerk of the probate court shall forward a certified
copy of the order of appointment to the Council of Probate Court Judges of
Georgia.
(3)
Full-time associate judges of the probate court shall be included in the list of
members of the Council of Probate Court Judges of Georgia as set forth in Code
Section 15-9-15. An associate judge of the probate court shall not be a
voting member and shall not serve as an officer of the Council of Probate Court
Judges of Georgia.
(4)
Compensation of the associate judges of the probate court shall be fixed by the
judge of the probate court subject to the approval of the governing authority or
governing authorities of the county or counties for which the associate judge of
the probate court is appointed. The salary and any employment benefits of each
associate judge of the probate court shall be paid from county funds. No
associate judge of the probate court shall be eligible to participate in the
Judges of the Probate Courts Retirement Fund of Georgia.
(5)
The term of employment of an associate judge of the probate court shall run
concurrently with the term of the elected judge of the probate court pursuant to
Code Section 15-9-1.
(b)
Authority.
Both full-time and part-time associate judges of the probate court shall be
vested with all of the authority of the judge of the probate court of the county
or counties for which the associate judge of the probate court is appointed. In
all proceedings before the court, the judgment of the associate judge of the
probate court shall be the final judgment of the court for appeal
purposes.
(c)
Qualifications
and training requirements.
(1)
With the exception of the residency requirement set forth in subparagraph
(a)(1)(B) of Code Section 15-9-2, all associate judges of the probate court
shall have the same qualifications required of the elected judge of the probate
court of the county or counties for which the associate judge of the probate
court is appointed.
(2)
All full-time associate judges of the probate court shall complete the training
requirements set forth for judges of the probate court in Code Section 15-9-1.1.
All part-time associate judges of the probate court shall be required to attend
a minimum of nine hours in an area related to probate court, mental health, or
traffic matters as determined by the elected judge of the probate court. All
probate required training shall be paid for by the governing authority or
governing authorities of the county or counties for which the associate judge of
the probate court is appointed.
(d)
Oath
and bond.
(1)
Before entering on the duties of their offices, all full-time and part-time
associate judges of the probate court shall take the oaths required of all civil
officers and, in addition, the following oath:
'I
do swear that I will well and faithfully discharge the duties of associate judge
of the probate court for the County of __________________ during my continuation
in office, according to law, to the best of my knowledge and ability, without
favor or affection to any party. So help me God.'
(2)
The clerk of the probate court shall make an entry of the oath of each associate
judge of the probate court on the minutes of the probate court. In the case of
an associate judge of the probate court serving as a magistrate, no oath,
certificate, or commission shall be required except the oath and commission of
the associate judge of the probate court as an associate judge of the probate
court.
(e)
Restriction
on the practice of law and the fiduciary role.
(1)
It shall be unlawful for any full-time associate judge of the probate court to
engage in any practice of law outside his or her role as an associate judge of
the probate court. It shall be unlawful for any part-time associate judge of
the probate court to engage directly or indirectly in the practice of law in his
or her own name or in the name of another as a partner in any manner in any
case, proceeding, or matter of any kind in his or her own court or in any other
court in any case, proceeding, or any other matters of which his or her own
court has pending jurisdiction or has jurisdiction. It shall be unlawful for
any associate judge of the probate court, full-time or part-time, to give advice
or counsel to any person on any matter of any kind whatsoever that has arisen
directly or indirectly in his or her own court, except such advice or counsel as
he or she is called upon to give while performing the duties of an associate
judge of the probate court.
(2)
The provisions of subsection (b) of Code Section 15-9-2 regarding limitations on
the fiduciary role apply to both full-time and part-time associate judges of the
probate court.
(f)
Assumption
of duties upon vacancy in the office of judge of probate
court.
Notwithstanding the provisions of subsection (c) of Code Section 15-9-2 or Code
Sections 15-9-10, 15-9-11, and 15-9-11.1, the senior full-time associate
judge of the probate court shall be the first in line to serve as judge of the
probate court in the event of a vacancy in the office of the judge of probate
court and shall dispense with any and all unfinished proceedings pursuant to
Code Section 15-9-12. The associate judge of the probate court shall be
eligible to fill a vacancy in the office of probate judge for the remainder of
the unexpired term without regard to whether such associate probate judge meets
any residency requirements otherwise imposed by law; however, the associate
probate judge shall become a resident of the county before qualifying for
election to the office of probate judge. Any associate probate judge taking
office as authorized by this subsection shall thereafter be eligible to succeed
himself or herself as long as he or she remains a resident of the
county.
(g)
Proceedings
when an associate judge of the probate court is
disqualified.
Whenever the judge of the probate court is disqualified to act in any case
pursuant to Code Section 15-9-13, the associate judge of the probate court
shall also be
disqualified."
SECTION
2.
Said
chapter is further amended by revising subsection (c) of Code Section 15-9-4,
relating to additional eligibility requirements in certain counties, as
follows:
"(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
3.
Said
chapter is further amended by revising subsection (a) of Code Section 15-9-11,
relating to calling of special election to fill vacancy, as
follows:
"(a)
When a vacancy occurs in the office of judge of the probate court in any county,
it shall be the duty of the person who assumes the duties of the judge, as
provided in Code Section 15-9-10, within ten days after the vacancy occurs, to
order a special election for the purpose of filling the vacancy. He
or
she shall give notice of the special
election by publication in the newspaper in which the citations of the judge of
the probate court are published. The special election shall be held in
accordance with Chapter 2 of Title 21.
Notwithstanding
the provisions of this subsection, if the vacancy occurs after January 1 in the
last year of the term of office of the judge of probate court, the person
assuming the duties of the judge of the probate court shall be commissioned for
and shall serve the remainder of the unexpired term of
office."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 15-9-30,
relating to subject matter jurisdiction, as follows:
"(a)
Probate courts have authority, unless otherwise provided by law, to exercise
original, exclusive, and general jurisdiction of the following subject
matters:
(1)
The probate of wills;
(2)
The granting of letters testamentary and of administration and the repeal or
revocation of the same;
(3)
All controversies in relation to the right of executorship or
administration;
(4)
The sale and disposition of the property belonging to, and the distribution of,
deceased persons' estates;
(5)
The appointment and removal of guardians of
minors,
conservators of minors, guardians of incapacitated adults, and conservators of
incapacitated adults and persons who are
incompetent because of mental illness or mental retardation;
(6)
All controversies as to the right of guardianship
and
conservatorship, except that the probate
court shall not be an appropriate court to take action under Code Section
19-7-4;
(7)
The auditing and passing of returns of all executors, administrators,
guardians of
property, conservators, and
guardians;
(8)
The discharge of former sureties and the requiring of new sureties from
administrators,
guardians of property, conservators, and
guardians;
(9)
All matters as may be conferred on them by Chapter 3 of Title 37;
(10)
All other matters and things as appertain or relate to estates of deceased
persons and to persons who are incompetent because of mental illness or mental
retardation; and
(11)
All matters as may be conferred on them by the Constitution and
laws."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.