Within ten days of the filing of such a petition, the superior court clerk of the county where the petition is filed shall serve a copy of the petition upon the Executive Director of the Council of Superior Court Judges of Georgia. This service may be effected by mail and will constitute a request for judicial assistance under OCGA § 15-1-9.1 (b) (3).
Rule 44.2.Request for Judicial Assignment
Rule 44. HABEAS CORPUS PROCEEDINGS IN DEATH SENTENCE CASES · Last amended 1996 · Last verified July 17, 2026
In one sentenceRule 44.2 requires the superior court clerk to serve a copy of a newly filed death-penalty habeas petition on the Executive Director of the Council of Superior Court Judges within ten days — service that may be effected by mail — a step that formally requests the judicial-assistance process used to bring in an out-of-circuit judge.
Full Text of Rule 44.2
Plain-English Summary
Once a death-sentenced petitioner files a first state habeas petition, Rule 44.2 puts a short clock on the clerk’s office. Within ten days of filing, the superior court clerk of the county where the petition landed must send a copy to the Executive Director of the Council of Superior Court Judges of Georgia. Mail is enough — the rule doesn’t require anything fancier.
That mailing does double duty. Beyond notice, it functions as a formal request for judicial assistance under OCGA § 15-1-9.1 (b) (3), the statute that lets the Council bring in a judge from outside the local circuit. In other words, the clerk’s ten-day letter is what sets the judge-assignment machinery in Rule 44.4 in motion.
Because so much of Rule 44’s timeline flows from this early step, a clerk who delays can slow everything downstream — judicial assignment, scheduling, and eventually the hearing itself. For a case involving a death sentence, where every rule in this chapter is built around speed, this small administrative task carries outsized weight.
Frequently Asked Questions
Who has to notify the Council of Superior Court Judges about a new death-penalty habeas petition?
The superior court clerk of the county where the petition was filed.
How much time does the clerk have to send that notice?
Ten days from the filing of the petition.
How can the clerk serve the copy on the Executive Director?
By mail — the rule provides that service “may be effected by mail.”
What does mailing the copy accomplish?
It constitutes a request for judicial assistance under OCGA § 15-1-9.1 (b) (3), the step that starts the process of assigning a judge to the case.
Who receives the copy of the petition under this rule?
The Executive Director of the Council of Superior Court Judges of Georgia.
Amendment History
Amended effective January 11, 1996.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia habeas clerk notice requirementCouncil of Superior Court Judges habeas petitionUSCR 44.2judicial assistance request death penalty habeasten day clerk notice rule GeorgiaOCGA 15-1-9.1 judicial assignment