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Committee approves measures to make probate and magistrate judge elections nonpartisan
Summary
The committee approved a resolution and a bill to change probate and magistrate judge elections to nonpartisan contests and to place the constitutional amendment question before voters in 2026; backers said the changes follow recommendations of the Judicial Council and Chief Justice Boggs.
The House Judiciary Committee advanced two related measures that would require probate and magistrate judges to run in nonpartisan elections.
What passed: The committee voted to pass House Resolution 251 (LC 473339), a proposed constitutional amendment that would put nonpartisan elections for probate judges before Georgia voters, and House Bill 426 (LC 473367) to make magistrate judge elections nonpartisan and to place magistrate and probate judges under the nonpartisan election provisions if the constitutional amendment passes.
Why supporters say it matters: Backers, including Kevin Holder, executive director of the Council of Probate Court Judges, and Magistrate Judge Bobby Wolf, told the committee the change would help preserve the appearance and reality of judicial impartiality. "A judge's duty is to impartially follow the constitution and the law, and there is no room for partiality or partisan politics on the bench," Holder said during testimony.
Both proponents and the Judicial Council pointed to remarks by Chief Justice Boggs urging nonpartisan judicial races as a reason to move the change statewide. Judge Wolf added that most magistrate judges already run nonpartisan in practice and that the proposal simply aligns the rules across judicial offices.
Committee action: The resolution and the bill were each moved, seconded and approved by voice vote with no recorded opposition during the session.
Ending
Both measures were reported favorably by the committee and will proceed in the legislative process; HR 251, as a constitutional amendment, would go on the ballot for voter approval if the legislature ultimately adopts it in the required form.
