O.C.G.A.

O.C.G.A. § 15-6-96 (2019)

Clerk as custodian of records; contracts to market records or computer generated data for profit

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The clerk of the superior court is the custodian of the records of his or her office. Any contract to distribute, sell, or otherwise market records or computer generated data of the office of the clerk of the superior court for profit shall be made by the clerk of the superior court. If the clerk of the superior court also serves as the clerk of any other court, the provisions of this Code section shall be applicable to the records and data of such other court. A report summarizing contracts entered into pursuant to this Code section along with any revenues received therefrom shall be prepared by the clerk of the superior court and submitted to the governing authority of the county on a monthly basis.

History

Code 1981, § 15-6-96, enacted by Ga. L. 1994, p. 671, § 1.

Annotations

JUDICIAL DECISIONS Code section prevails over Open Records Act. - O.C.G.A. § 15-6-96 prevails over O.C.G.A. § 50-18-71 and any other part of the Open Records Act, O.C.G.A. § 50-18-70 et seq., to the extent

those laws conflict with the ability of superior court clerks to contract to market records of the clerk’s offices for profit. Powell v. VonCanon, 219 Ga. App. 840, 467 S.E.2d 193 (1996).

Notes of Decisions

Cited in 3 cases, 1996–2014 · leading case: Powell v. VonCanon, 467 S.E.2d 193 (Ga. Ct. App. 1996).

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Powell v. VonCanon, 467 S.E.2d 193 (Ga. Ct. App. 1996). · cites it 12× “OCGA § 15-6-96, which became effective after the Open Records Act, provides: “The clerk of the superior court is the custodian of the records of his or her office.”

Magnolia State Bank v. VNS Corp., 755 S.E.2d 553 (Ga. Ct. App. 2014). · cites it 2× “In the instant case, it is undisputed that the clerk brought no petition to establish the missing records, and although he or she spoke briefly at the hearing on the motion to set aside, it was only to confirm that the trial judge was holding the clerk’s “substitute file,” which…”

Magnolia State Bank v. Vns Corp. D/B/A Choo Choo Build-It Mart (Ga. Ct. App. 2014). · cites it 2× “See OCGA § 15-6-96 (“The clerk of the superior court is the custodian of the records of his or her office”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.