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2018 Georgia Code 15-12-80 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-12-80 Case Law from Google Scholar Amendments to OCGA 15-12-80

TITLE 15 COURTS

Section 12. Juries, 15-12-1 through 15-12-172.

ARTICLE 4 GRAND JURIES

15-12-80. Publication of general presentments.

Grand juries are authorized to recommend to the court the publication of the whole or any part of their general presentments and to prescribe the manner of publication. When the recommendation is made, the judge shall order the publication as recommended. Reasonable charges therefor shall be paid out of the county treasury, upon the certificate of the judge, as other court expenses are paid.

(Ga. L. 1889, p. 156, § 1; Penal Code 1895, § 847; Penal Code 1910, § 851; Code 1933, § 59-317.)

JUDICIAL DECISIONS

Grand jury's presentment may be published and treated as indictment.

- Though in absence of specific statutory authority the grand jury had no right to return a report charging or casting reflections of misconduct in office upon public officials or impugning their character, except by presentment or indictment, the grand jury's presentment may be widely published under former Code 1933, § 59-317 (see now O.C.G.A. § 15-12-80), and was treated as an indictment by former Code 1933, § 27-703 (see now O.C.G.A. § 17-7-51). Sweeney v. Balkcom, 358 F.2d 415 (5th Cir. 1966).

Secrecy.

- Under O.C.G.A. § 45-11-4(g), a public officer accused of unprofessional conduct had the right to appear before the grand jury to make a sworn statement as desired at the conclusion of the presentation of the state's evidence; however, a public official who was the topic of a critical grand jury presentment did not have any right to maintain the secrecy of the document under circumstances in which, contrary to the provisions of O.C.G.A. § 15-12-80, the grand jury caused the premature release of its presentments by giving them to the county attorney before presenting them to the superior court for publication. Decatur County v. Bainbridge Post Searchlight, Inc., 280 Ga. 706, 632 S.E.2d 113 (2006).

Remainder of grand jury report properly published.

- Trial court properly expunged a grand jury presentment of statements unnecessary to the purpose sought to be accomplished by the report that cast reflections of misconduct in office upon a public officer and impugned the officer's character; the remainder of the report was properly filed and published as the grand jury report was in the nature of a general presentment in which the grand jury took note of alleged excessive overtime for county employees, which was within the province of the grand jury, and its limited remaining criticisms came within the ambit of O.C.G.A. §§ 15-12-71(b) and (c) and15-12-80 as they did not appear to be criticisms of misconduct in office or impugned character. In re July-August, 2003 DeKalb County Grand Jury, 265 Ga. App. 870, 595 S.E.2d 674 (2004).

Cited in In re Gwinnett County Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008).

RESEARCH REFERENCES

C.J.S.

- 38A C.J.S., Grand Juries, § 100 et seq.

Cases Citing O.C.G.A. § 15-12-80

Total Results: 2  |  Sort by: Relevance  |  Newest First

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In Re Gwinnett Cnty. Grand Jury, 668 S.E.2d 682 (Ga. 2008).

Cited 10 times | Published | Supreme Court of Georgia | Oct 27, 2008 | 284 Ga. 510, 2008 Fulton County D. Rep. 3344

...the transfer of responsibilities from that office to a newly formed Performance Analysis Division. See OCGA *683 § 15-12-71(b)(2). [1] The grand jury issued and made public presentments and recommendations to the county. OCGA §§ 15-12-71 (b) (3); 15-12-80....
...or any of the records, accounts, property, or operations of any of the foregoing." [2] OCGA § 15-12-71 (b) (3) authorizes the grand jury to "prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80." OCGA § 15-12-80 authorizes the grand jury "to recommend to the court the publication of the whole or any part of their general presentments and to prescribe the manner of publication....
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Decatur Cnty. v. Bainbridge Post Searchlight, Inc., 632 S.E.2d 113 (Ga. 2006).

Cited 3 times | Published | Supreme Court of Georgia | Jul 6, 2006 | 280 Ga. 706, 2006 Fulton County D. Rep. 2191, 34 Media L. Rep. (BNA) 2468

...sponse by them to proposed grand jury presentments. The Commissioners went on to inform the Newspaper that the requested records would not be disclosed until they were appended to the presentments and published by the superior court pursuant to OCGA § 15-12-80....
...Under these circumstances, we will follow Claxton Enterprise and conclude that the trial court properly rejected the Commissioners' claim of "attorney-client" privilege as "remote and speculative," rather than "realistic and tangible." 3. The Commissioners also invoke OCGA § 15-12-80, which authorizes grand juries "to recommend to the court the publication of the whole or any part of their general presentments and to prescribe the manner of publication." The purpose of this statute is to protect public officials from premature and unauthorized disclosure of grand jury proceedings....
...705, 707(1), 484 S.E.2d 769 (1997). However, the grand jury itself caused the premature release of its presentments by giving them to the county attorney, rather than maintaining the documents' confidentiality and submitting them to the superior court in accordance with OCGA § 15-12-80....
...onclusion of the presentation of the [S]tate's evidence." However, a public official who is the topic of a critical grand jury presentment *117 does not have any right to maintain the secrecy of the document which, contrary to the provisions of OCGA § 15-12-80, the grand jury submits to him or her for comment before presenting it to the superior court for publication....
...[1] OCGA § 50-18-72 enumerates specific exemptions to protected documents and the notion of confidential documents taking on a public form is not present. Rather, the statute makes a specific provision for the publication of presentments done at the behest and under the approval of a judge. See OCGA § 15-12-80....