The proposed bill would amend current statutes regarding change of venue in civil actions pending in the superior court. Under the new provisions, if a party to a civil action is an employee of the judicial branch or the clerk of the superior court in the county where the action is pending, a change of venue as a matter of right would only apply if specific conditions are met. These conditions include the employee holding a leadership or supervisory position at the time the action was filed, working in the same division of the superior court to which the action is assigned, or if the superior court has three or fewer divisions and the employee is employed in that county.
Additionally, if a party meets the outlined criteria, either party is entitled to a change of venue as a matter of right, and the court is required to transfer the action to the most convenient adjoining county or an agreed-upon county. Conversely, if the criteria are not met, a change of venue based solely on employment may only be granted upon showing good cause, such as a risk of bias or appearance of impropriety. The bill also clarifies that these new requirements do not limit the court's existing authority to order recusal, reassignment, or appointment of a visiting judge.
Statutes affected: Introduced Version: 12-412
House Engrossed Version: 12-412