The proposed bill, if enacted, would amend current statutes regarding change of venue in civil actions. Under
existing law, a change of venue can be requested for reasons such as local prejudice or witness convenience. The new provisions
would allow either party to request a change of venue as a matter of right if either party is an employee of the judicial branch or the clerk of the superior court in the county where the action is pending, provided certain conditions are met. These conditions include holding a leadership position, working in the same division as the action, or being employed in a county with three or fewer divisions.
Additionally,
the bill stipulates that if a party qualifies under these criteria, the court must transfer the action to the most convenient adjoining county unless both parties agree to a different county. If a party does not meet the specified criteria, a change of venue based solely on their employment with the judicial branch or clerk may only be granted upon showing good cause, such as actual bias or the appearance of impropriety. Furthermore, the bill clarifies that it does not limit the court's existing authority to order recusal, reassignment, or appoint a visiting judge.Statutes affected:
Introduced Version: 12-412
House Engrossed Version: 12-412