Judiciary committee advances resolution to make probate judges nonpartisan

The Senate Judiciary Committee voted unanimously to advance House Resolution 251 (LC473339), which would place a constitutional amendment on the ballot to make probate judges statewide elected in nonpartisan contests.

Representative Neu introduced the resolution and asked Judge Keith Wood to join the presentation; the sponsor said probate judges should be nonpartisan to preserve public confidence and to avoid conflicts with the Code of Judicial Conduct. "Requiring some judges to run in a partisan election makes it difficult for them to comply with the code of judicial conduct and maintain impartiality and the appearance of impartiality," the sponsor said.

Judge Keith Wood and other judges testified in support, and Representative Neu said the proposal has the support of probate and magistrate court councils as well as a letter from former governors Nathan Deal and Roy Barnes. Committee members asked about the process for changing local labels and whether a constitutional amendment is necessary; testimony explained probate judges currently require local legislation to become nonpartisan and a constitutional amendment would make that change uniform.

The committee adopted a motion to pass and approved the resolution unanimously; Representative Neu said he would carry the item forward to the Senate floor.