O.C.G.A.
O.C.G.A.

O.C.G.A. § 38-3-61 (2019)

Declaration of judicial emergency; duration of judicial emergency declaration; designation of alternative facility in lieu of court

✓ 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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(a) An authorized judicial official is authorized to declare the existence of a judicial emergency which shall be done by order either upon his or her own motion or upon motion by any interested person. The order shall state:

(1) The identity and position of the issuing authorized judicial official;

(2) The time, date, and place at which the order is executed;

(3) The jurisdiction or jurisdictions affected by the order;

(4) The nature of the emergency necessitating the order;

(5) The period or duration of the judicial emergency; and

(6) Any other information relevant to the suspension or restoration of court operations.

(b) Except as provided in subsection (b) of Code Section 38-3-62, an order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each unless a public health emergency exists as set forth in Code Section 38-3-51, in which case the Chief Justice of the Supreme Court of Georgia may extend the emergency order for so long as such emergency exists, as declared by the Governor. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order.

(c) In the event the circumstances underlying the judicial emergency make access to the office of a clerk of court or a courthouse impossible or impractical, the order declaring the judicial emergency shall designate another facility, which is reasonably accessible and appropriate, for the conduct of court business.

History

Code 1981, § 38-3-61, enacted by Ga. L. 2004, p. 420, § 3; Ga. L. 2011, p. 701, § 3/HB 339; Ga. L. 2021, p. 452, § 1/SB 163. The 2021 amendment, effective July

1, 2021, substituted ‘‘Except as provided in subsection (b) of Code Section 38-3-62, an order’’ for ‘‘An order’’ at the beginning of subsection (b).

MILITARY, EMERG. & VET. AFFAIRS

Notes of Decisions
Cited in 16 cases (12 in the last 5 years), 2018–2024 · 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× “” OCGA § 38-3-61 (a); OCGA § 38- 3-60. The Act requires such an order to contain specific details, see OCGA § 38-3-61 (a), (c), limits the validity of any order issued under the Act to a specific duration, see OCGA § 38-3-61 (b), and requires 15 The Act defines an “authorized…”
Hightower v. State, 883 S.E.2d 335 (Ga. 2023). · cites it 8× “The order, citing OCGA § 38-3-61,3 declared a judicial emergency in the Atlanta Judicial Circuit, which “is composed of the County of Fulton.”
Prince v. Rawls., 816 S.E.2d 123 (Ga. Ct. App. 2018). · cites it 4× “Under OCGA § 38-3-61 (a), certain judicial officials such as a chief judge are "authorized to declare by order the existence of a judicial emergency," which order shall state any "information relevant to the suspension or restoration of court operations.”
In Re Declaration of Jud. Emergency (Ga. Ct. App. 2020). · cites it 4× “pursuant to OCGA § 38-3-61, that the Order impermissibly extends beyond the statutory 30-day duration of judicial emergency orders, and that the trial court committed reversible error by designating 401 Walton Way and Craig-Houghton Elementary School as courthouse annexes,…”
Stephen Jacob Hammond v. State (Ga. Ct. App. 2020). · cites it 2× “They have filed essentially identical appeals of the August 11, 2020 “Fifth Order Extending Declaration of Statewide Judicial Emergency” issued by the Chief Justice of the Georgia Supreme Court pursuant to OCGA § 38-3-61. In their appeals, they claim that the order’s state-wide…”
Andrew Merle Vanvlerah v. Katelynn Vanvlerah (Ga. Ct. App. 2021). · cites it 2× “The wife also testified that all of her communications about visitation had 6 On March 14, 2020, because of the COVID-19 pandemic, the Chief Justice of the Supreme Court of Georgia issued an “Order Declaring Statewide Judicial Emergency” pursuant to OCGA § 38-3-61. Among other…”
First Merit Credit Servs. v. Fairway Aviation, LLC (Ga. Ct. App. 2021). · cites it 2× “” See OCGA § 38-3-61 (a). Among other things, the emergency order suspended or tolled, during the period of the order, “any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or…”
Jimmy Wayne Labbee v. State (Ga. Ct. App. 2022). · cites it 2× “3 declaring a statewide judicial emergency, pursuant to OCGA § 38-3-61, in light of “the continued transmission of Coronavirus/COVID-19 throughout the State and the potential infection of those who work in or are required to appear in our courts.” Ga. S. Ct., Order Declaring…”
Sonja N. Williams v. John Jamont (Ga. Ct. App. 2022). · cites it 2× “3 In the meantime, as noted in footnote 1, supra, on January 13, 2020, Jamont filed a dispossessory action against Williams in magistrate court, alleging that she was occupying the property as 3 On March 14, 2020, in response to the COVID-19 pandemic, the Chief Justice of the…”
Fulton Cnty. Bd. of Tax Assessors v. Tech. Square, LLC Parcel No. 14-080-029-6 (Ga. Ct. App. 2022). · cites it 2× “At that time, the Chief Justice of the Supreme Court of Georgia, responding to the emerging COVID-19 pandemic, declared a statewide judicial emergency under OCGA § 38-3-61. See Supreme Court of Georgia, Order Declaring Statewide Judicial Emergency (March 14, 2020), available at…”
Christopher Shawn Shriver v. State (Ga. Ct. App. 2024). · cites it 2× “Specifically, in March 2020 the Chief Justice of the Supreme Court of Georgia issued an order declaring a statewide judicial emergency, pursuant to OCGA § 38-3-61, that suspended jury trials in light of the COVID pandemic.”
Owens v. Perdue Farms Inc (M.D. Ga. 2021). · cites it 2× “In its 3 See O.C.G.A. § 38-3-61 (stating that “[a]n authorized judicial official is authorized to declare the existence of a judicial emergency”).”
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