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2018 Georgia Code 15-7-47 | Car Wreck Lawyer

TITLE 15 COURTS

Section 7. State Courts of Counties, 15-7-1 through 15-7-85.

ARTICLE 3 PRACTICE AND PROCEDURE

15-7-47. Court reporters; waiver; compensation.

  1. Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state.
  2. Reporting of any trial may be waived by consent of the parties.
  3. Appointment of a court reporter or reporters, as defined in Article 2 of Chapter 14 of this title,for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county governing authority and shall be the same as that for reporters of the superior courts of this state.

(Code 1981, §15-7-47, enacted by Ga. L. 1983, p. 1419, § 2; Ga. L. 1993, p. 1315, § 5.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarities of the statutory provisions, decisions under former Code 1933, § 24-2105 are included in the annotations for this Code section.

No duty of misdemeanor defendant to arrange for court reporter.

- Defendant in misdemeanor case is not required to make advance arrangements for court reporter if the defendant desires the trial to be recorded. Thompson v. State, 240 Ga. 296, 240 S.E.2d 87 (1977) (decided under former Code 1933, § 24-2105).

When the defendant in a misdemeanor case asks that the case be recorded at the defendant's expense, the court must make sure that the court reporter is available. Thompson v. State, 240 Ga. 296, 240 S.E.2d 87 (1977) (decided under former Code 1933, § 24-2105).

Former Code 1933, §§ 6-805, 24-2105(a) and 24-3102 did not put a duty upon a defendant who was charged with a misdemeanor to ensure prior to trial that the court reporter was complying with the reporter's statutory duty to attend court sessions. Thompson v. State, 240 Ga. 296, 240 S.E.2d 87 (1977) (decided under former Code 1933, § 24-2105).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarities of the statutory provisions, opinions under former Code 1933, § 24-2105 are included in the annotations for this Code section.

Judge of state court may appoint more than one court reporter. 1974 Op. Att'y Gen. No. U74-33 (decided under former Code 1933, § 24-2105).

Court reporter may not hold simultaneous employment with the State Board of Workers' Compensation and a superior court or state court, but the reporter may provide court reporting services to those courts provided the reporter's role is that of an independent contractor. 1983 Op. Att'y Gen. No. 83-56 (decided under former Code 1933, § 24-2105).

Compensation for reporters of judicial circuits consisting of one county.

- Because a state court serves a single county, state court reporters are to receive the amount prescribed by paragraph (b)(1) of this section "for reporters of judicial circuits consisting of only one county." 1981 Op. Att'y Gen. No. U81-24 (decided under former Code 1933, § 24-2105).

Compensation is to be paid from county funds. 1981 Op. Att'y Gen. No. U81-24 (decided under former Code 1933, § 24-2105).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, §§ 1, 22, 35.

C.J.S.

- 21 C.J.S., Courts, §§ 137 et seq., 246.

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