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GA SB453
Bill
Status
Introduced
2/26/2020
Primary Sponsor
John Kennedy
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AI Summary
- Establishes statutory procedures for recusal or disqualification motions against superior court and state court judges, requiring motions to be in writing with supporting affidavits filed within 10 calendar days of learning of the grounds and at least 10 days before the relevant hearing or trial
- Requires a different judge—not the subject of the motion—to be assigned to rule on the recusal motion, with detailed selection procedures varying by circuit size (single-judge, two-judge, or multijudge circuits)
- Mandates that the judge subject to the recusal motion temporarily cease acting on the merits of the case until the assigned judge rules, with a decision required within 5 business days of assignment
- Authorizes the assigned judge to assess reasonable attorney's fees and litigation expenses against a party that files a motion found to be in bad faith, substantially frivolous, groundless, or vexatious
- Adds judgments or orders granting or refusing recusal/disqualification motions to the list of rulings that are directly appealable to the Supreme Court or Court of Appeals under Code Section 5-6-34
Legislative Description
Courts; statutory rules and procedures for the recusal or disqualification of judges of the superior and state courts; provide
Last Action
Senate Read and Referred
2/27/2020
Full Bill Text
No bill text available