Superior and State Court Appellate Practice Act
The Certiorari Review Subcommittee of the Judicial Council of Georgia/Standing Committee on Legislation was appointed on July 21, 2016, for the purpose of reviewing and reforming the current certiorari review procedure set forth in OCGA § 5-4-1 et seq. The members of the Certiorari Review Subcommittee are as follows:
Presiding Judge Christopher J. McFadden, Court of Appeals of Georgia, Subcommittee Chair.
- Judge Bill Hamrick, Coweta Circuit Superior Court, former Georgia State Senator, and subsequently appointed to the Georgia State-wide Business Court.
Judge Carla E. Brown, Gwinnett County State Court.
Judge Gary W. Washington, Rockdale County Probate Court.
Judge Michael H. Barker, Chatham County Magistrate Court, Immediate Past President of the Council of Magistrate Court Judges.
Judge Gary E. Jackson, Atlanta Municipal Court, Past President of the Council of Municipal Court Judges.
The Subcommittee drafted the Superior and State Court Appellate Practice Act, which proposed to repeal and replace both the current notice of appeal and certiorari review statutes in OCGA Chapters 3 and 4 of Title 5 with a single, modern, logical, and relatively simplified “petition for review” process for superior or state court review of judicial and quasi-judicial decisions from municipal courts, non-Article 6 probate courts, magistrate courts, and other lower judicatories, as defined. The Subcommittee last met on July 24, 2020, when it voted to amend its draft Act to address the comments received during a 30-day comment period from June 9, 2020, to July 9, 2020. On August 14, 2020, the Judicial Council of Georgia voted to support the Subcommittee’s proposal.
Subsequently, the Superior and State Court Appellate Practice Act was introduced as H.B. 916 by Rep. Rob Leverett in the 2022 Legislative Session of the General Assembly, where it was unanimously approved by all committees, the House, and the Senate. H.B. 916 was signed into law by Governor Kemp on May 13, 2022, with an effective date of July 1, 2023. Please see below for a link to the final version of the bill. If you have any questions about H.B. 916, amendment recommendations, or concerns, please email: HB916@georgiacourts.gov.