Council/Organization: Council of Probate Court Judges
Subject Matter: Bonding amounts
Code Section:§ 15-9-7.Bond
Overview: In two to three sentences, explain the purpose of your proposed bill or resolution:
It increases the required bond amount for probate judges and their clerks from $25,000 to $100,000. The current statutory amount provides insufficient protection, considering the amount of money for which probate courts are now responsible.
- Priority: Is this legislation of high, medium or low importance to your council?
High.
- Impact on Judiciary and Stakeholders: What classes of courts/judges does your legislation affect? Describe the constituent and stakeholder groups affected by this change, and state whether they are they likely to support or oppose this request (e.g., executive branch, legislative branch, prosecutors, sheriffs, defense bar, ACCG, GMA, attorney general, and other governmental entities).
This legislation only affects probate courts. The Association County Commissioners Georgia(ACCG) may oppose the bill, if it significantly increases the cost of providing bonds for their probate judges. No other groups should be affected.
- Supporting data: Summarize any supporting data, evaluations, and/or research for this request.
This is a response to situations where a probate judge has been sued for sums exceeding $25,000. A recent federal indictment of a Probate Court Chief Clerkcharged with embezzling more than $700,000 has led to a suit against the Probate Court Judge.
- Alternatives: Will this request require a constitutional amendment or new court rule?Explain why the purpose of your bill can not be achieved without legislation, if applicable.
No.
- Budget: Will this legislation cost counties or the state money? If yes, what is the projected expense? Has a white paper been submitted to the Judicial Council Budget Committee?
No budget request has been submitted. It may cost counties a minimal amount of money.
- Other Factors: Discuss any other relevant factors that should be considered, including experience in other states or whether similarlegislation has been introduced in the past.
No similar legislation has been introduced in the past.
§ 15-9-7.Bond
The judges of the probate courts and his or her clerk must each give bond or surety in the sum of $25,000.00$100,000.00, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judges of the probate courts.