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2018 Georgia Code 38-3-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-3-60 Case Law from Google Scholar Amendments to OCGA 38-3-60

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 3. Emergency Management, 38-3-1 through 38-3-191.

ARTICLE 3 EMERGENCY POWERS

38-3-60. Definitions.

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:
    1. The Chief Justice of the Georgia Supreme Court;
    2. A chief judge of a Georgia superior court judicial circuit; or
    3. The replacement for or successor to any of the officials set forth in subparagraphs (A) and (B) 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:
    1. A state of emergency declared by the Governor under Part 1 of this article;
    2. A public health emergency under Code Section 31-12-1.1;
    3. A local emergency under Code Section 36-69-2; or
    4. 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.

(Code 1981, §38-3-60, enacted by Ga. L. 2004, p. 420, § 3; Ga. L. 2011, p. 701, § 2/HB 339.)

The 2011 amendment, effective July 1, 2011, in paragraph (1), deleted former subparagraph (1)(B), which read: "(B) The Chief Judge of the Georgia Court of Appeals;"; redesignated former subparagraphs (1)(C) and (1)(D) as present subparagraphs (1)(B) and (1)(C), respectively, and substituted "subparagraphs (A) and (B)" for "subparagraphs (A) through (C)" in present subparagraph (1)(C).

Cross references.

- Provision of legal services following determination of major disaster, S. Ct. R. 121.

Cases Citing O.C.G.A. § 38-3-60

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Garrison v. State, 905 S.E.2d 629 (Ga. 2024).

Cited 10 times | Published | Supreme Court of Georgia | Aug 13, 2024 | 319 Ga. 711

...it was filed well beyond the statute of limitations” and that the State failed to allege and prove an exception to the statute of limitations. The trial court ultimately denied her motion based on orders issued by then-Chief Justice Melton under the Judicial Emergency Act, OCGA §§ 38-3-60 to 38-3-64, to create and extend a statewide judicial emergency due to the COVID-19 pandemic,8 finding that the amended accusation was filed within the statute of limitations given the extension established by the Chief Justice’s orde...
...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 imposed by court order or rule, statute, or administrative rule or regulation.” OCGA § 38-3-61 (a); OCGA § 38-3-60 (2)....
...when acting in regard to his or her jurisdiction: the Chief Justice of the Georgia Supreme Court, a chief judge of a Georgia superior court judicial circuit, or any successor to those officials, “as determined by the applicable rules of incapacitation and succession[.]” OCGA § 38-3-60 (1). 16 To provide notice, the authorized judicial official shall: (1) Immediately notify the Chief Justice of the Georgia Supreme Court of the action; 21 OCGA § 38-3-63....
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Golden v. Floyd Healthcare Mgmt., Inc, 904 S.E.2d 359 (Ga. 2024).

Cited 4 times | Published | Supreme Court of Georgia | Jul 2, 2024 | 319 Ga. 496

...to “suspend, toll, extend, or otherwise grant relief from” the application of a statute of repose. OCGA § 38-3-62—which the Georgia General Assembly enacted in 2004 as part of the “Judicial Emergency Act of 2004” 6 OCGA § 38-3-60 (1) (A) explicitly defines the term “[a]uthorized judicial official,” as used in OCGA § 38-3-62 (a), as including “[t]he Chief Justice of the Georgia Supreme Court[.]” (OCGA § 38-3-60 et seq.), see Ga....
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Hightower v. State, 883 S.E.2d 335 (Ga. 2023).

Cited 3 times | Published | Supreme Court of Georgia | Jan 18, 2023 | 315 Ga. 399

...in Fulton County as it relates to jury service, including grand jury service and any non-essential matters, unless they can be conducted via video or teleconferencing. Accordingly, IT IS THE ORDER of the Court that no judicial emergencies, and OCGA § 38-3-60 (1) (B) defines “[a]uthorized judicial official” to include “[a] chief judge of a Georgia superior court judicial circuit[.]” Chief Judge Brasher signed the Fulton County Order in both his capacities as chief judge of the Superior...