Georgia Code
Article 1 - General Provisions
§ 36-32-2.1. [Effective July 1, 2023. See note.] Removal of Judges

You do solemnly swear or affirm that the testimony you give shall be the truth, the whole truth, and nothing but the truth. So help you God.”
History. Code 1981, § 36-32-2.1 , enacted by Ga. L. 2016, p. 367, § 2/HB 691; Ga. L. 2022, p. 767, § 2-25/HB 916; Ga. L. 2022, p. 822, § 2/HB 1275.
Delayed effective date.
Code Section 36-32-2.1 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.
The 2022 amendments.
The first 2022 amendment, effective July 1, 2023, in subparagraph (e)(1)(G), rewrote the former fourth sentence, which read: “The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation, or any portion of it, is situated.” as the present fourth and fifth sentences, and added the last sentence. See Editor’s notes for applicability. The second 2022 amendment, effective July 1, 2022, redesignated the existing provisions of subsection (c) as paragraphs (c)(1) and (c)(3) and added paragraph (c)(2); rewrote subsection (e), which read: “Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation is situated.”; replaced the first sentence in subsection (g), which read: “Any vacancy in a judgeship created by the removal of a judge pursuant to this Code section may be temporarily filled by the governing authority of the municipal corporation for a period not longer than 90 days by any individual qualified by law to serve as a municipal court judge.”; and deleted the proviso in subsection (h), which read: “; provided, however, that this Code section shall not apply to a local Act creating a municipal court for a consolidated government”.
Editor’s notes.
Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

Structure Georgia Code