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GA HB409

Bill

Status

Passed

5/2/2022

Primary Sponsor

Stan Gunter

Click for details

Origin

House of Representatives

2021-2022 Regular Session

AI Summary

  • Transfers authority over appointment of substitute district attorneys and solicitors-general from the Attorney General to the executive director of the Prosecuting Attorneys' Council of the State of Georgia when disqualification occurs due to interest or relationship conflicts.

  • Establishes the Judicial Legal Defense Fund to provide state-funded legal representation, including attorney's fees and legal costs, for Supreme Court justices, Court of Appeals judges, State-wide Business Court judges, and superior court judges sued for actions related to their official duties.

  • Creates the five-member Judicial Legal Defense Fund Commission, with appointees from the Chief Justice, Governor, President of the Senate, Speaker of the House, and The Council of Superior Court Judges, serving two-year terms with Senate confirmation required.

  • Requires defendant judges seeking state-funded representation to first request representation from the Attorney General and the Department of Administrative Services within 3 days of service; if both decline within 10 days, the judge may then petition the commission, which has 5 days to evaluate and endorse the request before forwarding it to the Governor for final approval and funding through the Governor's Emergency Fund.

  • Preserves judges' right to retain private counsel at their own expense and specifies that the fund does not constitute insurance coverage or a waiver of sovereign, qualified, or official immunity.

Legislative Description

Judicial Legal Defense Fund Commission; establish

Last Action

Effective Date 2022-07-01

5/2/2022

Committee Referrals

Government Oversight3/1/2021
Judiciary2/11/2021

Full Bill Text

No bill text available