Section 36-32-2.1 - Removal of judges(a) As used in this Code section, the term "judge" means an individual serving as an appointed municipal court judge.(b)(1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for: (A) Willful misconduct in office;(B) Willful and persistent failure to perform duties;(C) Habitual intemperance;(D) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or(E) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.(2) A municipality may define in its charter further conduct that may lead to a judge's removal.(3) Where a municipality has entered into a written agreement with an individual memorializing the terms and conditions of his or her appointment as judge, and the municipality alleged a breach of the agreement:(A) Written notice of such breach shall be given to the judge;(B) The judge shall have up to 30 days after receiving the notice to cure the alleged breach;(C) Where a municipality seeks to remove a judge for breach of the agreement, such removal during a judge's term shall only occur in the event of a material breach; and(D) Removal for a material breach may only be done subject to the provisions of subsection (c) of this Code section.(c)(1) Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the municipal corporation.(2) A petition for removal shall state:(A) The cause or causes for his or her termination in sufficient detail to enable him or her fairly to show any error that may exist therein;(B) The names of the known witnesses and a concise summary of the evidence to be used against him or her, and the names of any new witnesses shall be provided as soon as practicable; and(C) That the judge, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other evidence as provided by law.(3) Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension.(d) If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated.(e)(1)(A) 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 notice of the time and place where the hearing will be held and a copy of the charges at least 20 days prior to the hearing.(B) The notice required by subparagraph (A) of this paragraph shall be served by certified mail or statutory overnight delivery and shall be deemed to be perfected by certified mail when the notice is deposited in the United States mail addressed to the last known address of the addressee with sufficient postage affixed to the envelope.(C) The judge shall be entitled to be represented by counsel at his or her expense and, upon request, shall be entitled to have subpoenas or other compulsory process issued for the attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the governing authority of the municipal corporation and shall be signed by the chief elected official or chief executive officer of the municipal corporation. In all other respects, such subpoenas and other compulsory process shall be subject to Article 2 of Chapter 13 of Title 24.(D) The hearing shall be recorded at the expense of the municipal corporation. Such recording should contain at least the audio and may contain video. The audio recording of the hearing shall be transcribed at the judge's expense if he or she requests review by the superior court.(E) The following oath or affirmation shall be administered to all witnesses by the presiding officer provided for in paragraph (2) of this subsection; "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."
(F) All questions relating to the admissibility of evidence or other legal matters shall be decided by the presiding officer provided for in paragraph (2) of this subsection. The governing authority of the municipal corporation shall have the burden of proving by a preponderance of the evidence that removal is warranted pursuant to subsection (b) of this Code section, and such governing authority shall have the right to open and to conclude arguments. Except as otherwise provided in this Code section, hearings shall be governed by the same rules as govern the introduction of evidence in nonjury civil trials in the superior court.(G) 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 shall state the basis for its decision to remove or not remove the judge from office. Said decision and its basis shall be rendered at the hearing and shall be in writing. The right to appeal a decision to remove a judge from office shall exist. The decision to remove a judge from office pursuant to this Code section shall be appealed by filing a petition for review in the superior court of the circuit in which the governing authority of the municipal corporation, or any portion of it, is situated. Such appeals shall be governed by Chapter 3 of Title 5.(2) The chief judge of the superior court of the circuit in which the governing authority of the municipal corporation, or any portion of it, is situated shall appoint a senior superior court judge or a senior state court judge to act as the presiding officer at a hearing conducted pursuant to this subsection. If the municipal corporation lies in two superior court circuits, the most senior chief judge of the circuits shall appoint such presiding officer. The governing authority of the municipal corporation shall be responsible for compensating the presiding officer for his or her services at a rate not to exceed $500.00 per diem, plus reasonable and necessary expenses.(f) This Code section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges.(g) In the event that a vacancy in a judgeship is created by the removal of a judge pursuant to this Code section, the governing authority of the municipal corporation may fill such vacancy by appointing any individual qualified by law to serve as a municipal court judge for a period of not less than 30 days nor more than 60 days. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2.(h) The provisions of this Code section shall expressly supersede any conflicting local law of this state.Amended by 2024 Ga. Laws 575,§ 2, eff. 7/1/2024, app. written agreements entered into on or after 7/1/2024.Amended by 2023 Ga. Laws 352,§ 4, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after 71/1/2023.Amended by 2022 Ga. Laws 880,§ 2, eff. 7/1/2022.Amended by 2022 Ga. Laws 875,§ 2-25, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.Added by 2016 Ga. Laws 433,§ 2, eff. 7/1/2016.