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HBill.html
04 LC 29 1333S/AP
House Bill 1450 (AS PASSED HOUSE
AND SENATE) By: Representatives Bordeaux of the
125th, Campbell of the 39th, Stokes of the
72nd, and Fleming of the 79th
A BILL TO BE
ENTITLED AN ACT
To amend Article 3 of Chapter 3 of Title 38 of the Official
Code of Georgia Annotated, relating to emergency management, so as to add
certain provisions relating to judicial proceedings in the event of a natural
disaster, civil disturbance, or other emergency situation that will interfere
with a
citizen´s,
litigant´s,
state
official´s,
or other
person´s
ability to comply with court deadlines; to provide for a short title; to provide
for legislative findings; to provide for definitions; to provide for a judicial
official´s
ability to declare an emergency under certain circumstances; to provide for
factors to be included in a judicial emergency order; to provide for the
duration of a judicial emergency order; to provide for the scope of a judicial
emergency order; to provide for notice of a judicial emergency order; to provide
for procedures for appealing a judicial emergency order; to provide for an
effective date; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Judicial
Emergency Act of 2004."
SECTION 2.
The General Assembly finds that the proper functioning of
this
state´s
judicial system is essential to the administration of justice. Further, the
General Assembly finds that our courts are subject to being disrupted and the
rights of the people are subject to being denied in the event of certain attacks
or emergencies, whether natural or man-made in origin. The General Assembly
finds that it is in the best interests of the proper functioning of the courts
and, ultimately, of the people, to provide our judicial system with a means by
which to adjust certain rights, deadlines, and schedules to take into account
the potentially devastating effects of a judicial
emergency.
SECTION 3.
Article 3 of Chapter 3 of Title 38 of the Official Code of
Georgia Annotated, relating to emergency management, is amended by designating
Code Sections 38-3-50 through 38-3-56 as Part 1 thereof and by adding
immediately after said Part 1 the following:
"Part
2
38-3-60. As used in this part,
the term: (1) 'Authorized judicial official' means any
of the following officials when acting with regard to his or her respective
jurisdiction: (A) The Chief Justice of the Georgia
Supreme Court; (B) The Chief Judge of the Georgia
Court of Appeals; (C) A chief judge of a Georgia
superior court judicial circuit; or (D) The
replacement for or successor to any of the officials set forth in subparagraphs
(A) through (C) of this paragraph, as determined by the applicable rules of
incapacitation and succession, should such official become incapacitated or
otherwise unable to act. (2) 'Judicial emergency'
means: (A) A state of emergency declared by the
Governor under Part 1 of this article; (B) A public
health emergency under Code Section 31-12-1.1; (C) A
local emergency under Code Section 36-69-2; or (D)
Such other serious emergency when, as determined by an
authorized judicial official, the emergency substantially endangers or infringes
upon the normal functioning of the judicial system, the ability of persons to
avail themselves of the judicial system, or the ability of litigants or others
to have access to the courts or to meet schedules or time deadlines imposed by
court order or rule, statute, or administrative rule or
regulation.
38-3-61. (a)
An authorized judicial official is authorized to declare the existence of a
judicial emergency which shall be done by order either upon his or her own
motion or upon motion by any interested person. The order shall
state: (1) The identity and position of the issuing
authorized judicial official; (2) The time, date, and
place at which the order is executed; (3) The
jurisdiction or jurisdictions affected by the
order; (4) The nature of the emergency necessitating
the order; (5) The period or duration of the judicial
emergency; and (6) Any other information relevant to
the suspension or restoration of court operations. (b)
An order declaring the existence of a judicial emergency shall be limited to an
initial duration of not more than 30 days; provided, however, that the order may
be modified or extended for no more than two periods not exceeding 30 days each.
Any modification or extension of the initial order shall require information
regarding the same matters set forth in subsection (a) of this Code section for
the issuance of the initial order. (c) In the event
the circumstances underlying the judicial emergency make access to the office of
a clerk of court or a courthouse impossible or impractical, the order declaring
the judicial emergency shall designate another facility, which is reasonably
accessible and appropriate, for the conduct of court
business.
38-3-62. An
authorized judicial official in an order declaring a judicial emergency, or in
an order modifying or extending a judicial emergency order, is authorized to
suspend, toll, extend, or otherwise grant relief from deadlines or other time
schedules or filing requirements imposed by otherwise applicable statutes,
rules, regulations, or court orders, whether in civil or criminal cases or
administrative matters, including, but not limited
to: (1) A statute of
limitation; (2) The time within which to issue a
warrant; (3) The time within which to try a case for
which a demand for trial has been filed; (4) The time
within which to hold a commitment hearing; (5) A
deadline or other schedule regarding the detention of a
juvenile; (6) The time within which to return a bill
of indictment or an accusation or to bring a matter before a grand
jury; (7) The time within which to file a writ of
habeas corpus; (8) The time within which discovery or
any aspect thereof is to be completed; (9) The time
within which to serve a party; (10) The time within
which to appeal or to seek the right to appeal any order, ruling, or other
determination; and (11) Such other legal proceedings
as determined to be necessary by the authorized judicial
official.
38-3-63. Upon an
authorized judicial official issuing an order declaring the existence of a
judicial emergency, or any modification or extension of such an order, the
authorized judicial official issuing the order, modification, or extension to
the extent permitted by the circumstances underlying the judicial emergency
shall: (1) Immediately notify the Chief Justice of the
Georgia Supreme Court of the action; (2) Notify and
serve a copy of the order, modification, or extension on the judges and clerks
of all courts sitting within the jurisdictions affected and on the clerks of the
Georgia Court of Appeals and the Georgia Supreme Court, such service to be
accomplished through reasonable means to assure expeditious receipt;
and (3) Give notice of the issuance of the order,
modification, or extension to the affected parties, counsel for the affected
parties, and the public. Notice shall be provided by whatever means are
reasonably calculated to reach the affected parties, counsel for the affected
parties, and the public and may, without limitation, include mailing,
publication in a newspaper of local or state-wide distribution, posting of
written notices at courthouses and other public gathering sites, transmittal by
facsimile or e-mail, and announcements on television, radio, and public address
systems.
38-3-64. (a) Any
person whose rights or interests are adversely affected by an order declaring
the existence of a judicial emergency or any modification or extension of such
an order shall be entitled to appeal. (b) A notice of
appeal shall be filed no later than 45 days after the expiration of the judicial
emergency order, or any modification or extension of a judicial emergency order,
from which an appeal is sought. A notice of appeal shall be filed with the
clerk of a superior court in any jurisdiction affected by the order and shall be
served upon: (1) The authorized judicial official who
issued the order; (2) The parties to any criminal
proceeding or civil litigation in which the appellant is involved which would be
affected by the appeal; (3) The district attorney of
the county in which the notice of appeal is filed;
and (4) All other parties in any criminal proceeding
or civil litigation which would be affected by the appeal; provided, however,
that service in this regard shall be accomplished by publishing notice of the
filing of the appeal in the newspaper which is the legal organ for the county in
which the notice of the appeal is filed. (c) The
appeal shall be heard immediately by the Georgia Court of Appeals under the
procedure of emergency motions. A party dissatisfied by the judgment of the
Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme
Court. Filing fees for these appeals shall be waived. All costs of court shall
be borne by the state. Appeals shall be heard
expeditiously."
SECTION 4.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.
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