O.C.G.A.

O.C.G.A. § 38-3-60 (2019)

Definitions

✓ 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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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:

(A) The Chief Justice of the Georgia Supreme Court;

(B) A chief judge of a Georgia superior court judicial circuit; or

(C) 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:

(A) A state of emergency declared by the Governor under Part 1 of this article;

(B) A public health emergency under Code Section 31-12-1.1;

(D) 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.

History

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

Annotations

Cross references. - Provision of legal services following determination of major disaster, Sup. Ct. R. 121.

JUDICIAL DECISIONS Cited in Smith v. Smith, 350 Ga. App. 647, 829 S.E.2d 886 (2019).

Notes of Decisions

Cited in 11 cases (7 in the last 5 years), 2019–2024 · leading case: Garrison v. State, 905 S.E.2d 629 (Ga. 2024).

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Garrison v. State, 905 S.E.2d 629 (Ga. 2024). · cites it 10× “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…”

Golden v. Floyd Healthcare Mgmt., Inc, 904 S.E.2d 359 (Ga. 2024). · cites it 8× “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[.”

Smith v. Smith, 829 S.E.2d 886 (Ga. Ct. App. 2019). · cites it 4× “2 Rather, in a detailed order concluding that Smith was not entitled to any relief from the protective order, the superior court revealed its rationale by reciting the following: 3 Due to inclement weather, the Chief Judge of the Superior Court of Cobb County issued an…”

Hightower v. State, 883 S.E.2d 335 (Ga. 2023). · cites it 4× “” The order further provided that: [T]he undersigned makes this declaration of a judicial emergency affecting all courts and clerk’s offices in Fulton County as it relates to jury service, including 3 OCGA § 38-3-61 (a) empowers an “authorized judicial official” to declare…”

In Re Declaration of Jud. Emergency (Ga. Ct. App. 2020). · cites it 8× “” OCGA § 38-3-60 (1) (B). 2 § 38-3-62.3 Since the docketing of this appeal, the Chief Justice’s emergency order had been extended nine times.”

Jami Lynn Golden v. Floyd Healthcare Mgmt., Inc. d/b/a Floyd Med. Ctr. (Ga. Ct. App. 2023). · cites it 4× “OCGA § 38-3-60 (2) (D). 22 In response to the burgeoning COVID-19 pandemic, Chief Justice Melton entered an Order Declaring a Statewide Judicial Emergency (the “Judicial Emergency Order”) on March 14, 202013 which provided, in relevant part: Pursuant to OCGA § 38-3-62, during…”

Jonathan Eric Smith v. Jennifer Michelle Smith (Ga. Ct. App. 2019). · cites it 3× “” See OCGA § 1-3-1 (c) 7 See generally OCGA §§ 38-3-60 (1) (defining “authorized judicial official” as including “[a] chief judge of a Georgia superior court judicial circuit”); 38-3-62 (providing for “[a]n authorized judicial official” to “suspend, toll, extend, or otherwise…”

In Re Declaration of Jud. Emergency (Ga. Ct. App. 2020). · cites it 2× “The Order was issued in response to the declaration of a statewide judicial emergency by the Chief Justice of the Georgia Supreme Court pursuant to OCGA § 38-3-60 et seq. In their appeal, the appellants essentially claim that the Order’s mandates, including directives to annex,…”

In the Interest of N. P., a Child (Mother) (Ga. Ct. App. 2022). · cites it 2× “See generally OCGA § 38-3-60 et seq. Pursuant to the terms of the Eighth Extension, all Georgia courts were directed to: (i) “continue to conduct proceedings, remotely or in-person, in compliance with public health guidance, applicable statutes and court rules, and the…”

Arco design/build, LLC v. Savannah Green I Owner, LLC (Ga. Ct. App. 2022). · cites it 2× “See OCGA § 38-3-60 et seq.; cf. Schwartz v. Black, 200 Ga.”

Misty Michelle Garrison v. State (Ga. Ct. App. 2023). · cites it 2× “” See OCGA § 38-3-60 (1) (A). 6 The Chief Justice’s Orders are available at https://www.”

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