Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 15-12-83 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-12-83 Case Law from Google Scholar Amendments to OCGA 15-12-83

TITLE 15 COURTS

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

ARTICLE 4 GRAND JURIES

15-12-83. Oath of court reporter attending grand jury proceeding; compensation; role and responsibilities.

  1. Upon the request of the district attorney or when the grand jury proceedings are in accordance with Code Section 17-7-52, a court reporter shall be authorized to be present and shall attend such proceedings. Before attending the grand jury proceedings, the court reporter shall take the following oath:

    "I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God."

  2. The district attorney of the circuit in which the county is located shall appoint the court reporter and, notwithstanding any law to the contrary, fix the compensation therefor, and such compensation, including the cost of transcripts, shall be paid by the county.
  3. The court reporter shall take and transcribe the testimony of any witness appearing before the grand jury and any argument or legal advice provided to the grand jury by the prosecuting attorney and shall furnish such transcript to the district attorney.
  4. When a witness testifies pursuant to a grant of immunity as provided in Code Section 24-5-507, such testimony shall be transcribed, a copy of the transcript shall be provided to the district attorney, and the original transcript shall be filed under seal in the office of the clerk.
  5. The court reporter shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the court reporter while in attendance upon the grand jury.
  6. Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript. The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties, including compliance with Article 1 of Chapter 16 of Title 17.

(Code 1981, §15-12-83, enacted by Ga. L. 2016, p. 186, § 3/HB 941.)

Effective date.

- This Code section became effective July 1, 2016.

Editor's notes.

- This Code section formerly pertained to attendance of a stenographer at grand jury proceedings and the use of a recording device in lieu of a stenographer. The former Code section was based on Ga. L. 1960, p. 2530, § 1; Ga. L. 1976, p. 2638, § 1; Code 1981, § 15-12-83, enacted by Ga. L. 1982, p. 2107, § 13; Ga. L. 1994, p. 237, § 2; Ga. L. 1999, p. 81, § 15.

Law reviews.

- For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 79 (2016).

JUDICIAL DECISIONS

Court reporter sworn to secrecy of all things arising out of grand jury.

- Law enforcement officer defendant's motion to dismiss an indictment charging the defendant with felony murder on the ground that unauthorized persons were present in the grand jury room during the prosecutor's presentation of evidence was properly denied because Georgia's statutory secrecy requirements were not violated. Olsen v. State, 302 Ga. 288, 806 S.E.2d 556 (2017).

PART 2 S PECIAL PURPOSE GRAND JURIES

Law reviews.

- For article, "Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: The Grand Jury: A Shield of a Different Sort," see 51 Ga. L. Rev. 1001 (2017).

Cases Citing O.C.G.A. § 15-12-83

Total Results: 4  |  Sort by: Relevance  |  Newest First

Copy

Frazier v. State, 362 S.E.2d 351 (Ga. 1987).

Cited 124 times | Published | Supreme Court of Georgia | Dec 1, 1987 | 257 Ga. 690

...t to the grand jury evidence of similar offenses, and motion to have the trial court question each grand juror about his or her exposure to pre-trial publicity. See, e.g., Felker v. State, 252 Ga. 351 (2 a) (314 SE2d 621) (1984); OCGA §§ 15-12-82; 15-12-83....
Copy

Ward v. State, 706 S.E.2d 430 (Ga. 2011).

Cited 53 times | Published | Supreme Court of Georgia | Feb 28, 2011 | 288 Ga. 641

...ho did not have first hand knowledge of the case. Although we are unable to verify Kilgore's assertions, as secrecy is maintained with regard to grand jury proceedings, see In re Gwinnett County Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008); OCGA §§ 15-12-83(b), 15-12-67(b), we find no error....
Copy

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

...Today, members of a grand jury in Georgia take a statutorily prescribed oath to keep deliberations of the grand jury secret (OCGA § 15-12-67(b)), and a stenographer attending grand jury proceedings is required to take an oath to keep secret all things and matters learned while in attendance upon the grand jury. OCGA § 15-12-83(b)....
...As a matter of public policy, admissions and communications among grand jurors are excluded as evidence (OCGA § 15-12-73) and the stenographer "shall be incompetent to testify" concerning any matter learned while in attendance upon the grand jury. OCGA § 15-12-83....
Copy

Olsen v. State, 302 Ga. 288 (Ga. 2017).

Cited 4 times | Published | Supreme Court of Georgia | Oct 16, 2017 | 806 S.E.2d 556

...Additionally, we note that the oath of secrecy applicable to court reporters who attend grand jury proceedings requires the court reporter to keep secret all things coming to that person’s knowledge as a result of grand jury attendance. See OCGA § 15-12-83 (a).5 The legislature clearly knew, at the time of this proceeding, how to make explicit its intent to require secrecy of persons attending the evidentiary stage of a grand jury proceeding, but it did not impose that requirement on either the grand jurors or the prosecuting attorney....
...So help you God. Additionally, grand jury witnesses are not sworn to secrecy, but are required only to swear to give truthful testimony. See OCGA § 15-12-68. Both the former version of the oath that was in effect at the time this grand jury was convened (former OCGA § 15-12-83 (b) (see Ga. L. 1982, p. 2107, § 13)) and the current OCGA § 15-12-83 (a) contain an identical oath for court reporters attending a grand jury proceeding: “I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.” See also In re Grand Jury Subpoena, Judith Miller, 493 F3d 152, 154 (D.C....