Alternative Locations

  1. Law
  2. Georgia Code
  3. Courts
  4. Superior Courts
  5. General Provisions
  6. Alternative Locations

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  1. If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court.
  2. The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:
    1. The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county site, and such order must incorporate a written finding that it is impracticable for the session of court to be held at the county site;
    2. A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court;
    3. The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and
    4. Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court.
  3. Notwithstanding the provisions of subsections (a) and (b) of this Code section:
    1. In each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility unless such location is a facility owned or leased by the governing authority of the county; and
    2. In each county of this state where the county site is located in an unincorporated area of the county and the governing authority of such county determines by appropriate resolution that the best interest of the citizens of such county would be served by the construction of a courthouse annex or satellite courthouse outside the county site, it shall be lawful to hold any session or sitting of superior or state court or grand jury and to conduct all other related business of the courts at such annex or satellite courthouse.
  4. All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17.

(Ga. L. 1896, p. 50, §§ 1, 2; Civil Code 1910, §§ 4840, 4841; Code 1933, §§ 24-3003, 24-3004; Ga. L. 1988, p. 259, § 1; Ga. L. 1994, p. 1052, § 2; Ga. L. 1998, p. 1159, § 2; Ga. L. 2012, p. 993, § 1/SB 50.)

Law reviews.

- For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).

JUDICIAL DECISIONS

Consent required to conduct criminal jury trial in alternate or additional facility.

- Because O.C.G.A. § 15-6-18(c)(1) expressly states that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused, the plain language of § 15-6-18(c)(1) requires that the accused's consent be obtained in order to conduct a criminal jury trial in an alternate or additional facility; while nothing in § 15-6-18(c)(1) requires that the accused's consent be in writing, in order for the appellate courts to verify that the state has complied with this statutory mandate, an accused's consent to having his or her criminal jury trial conducted in an alternate or additional facility must be established by the record. Purvis v. State, 288 Ga. 865, 708 S.E.2d 283 (2011).

Failure to obtain defendant's consent not reversible error.

- Although the supreme court found that the trial court violated O.C.G.A. § 15-6-18(c)(1) by holding the defendant's trial at a location other than the county courthouse without the defendant's consent, the error did not constitute reversible error because the defendant failed to allege harm or attempt to support a finding of such by evidence. Goodman v. State, 293 Ga. 80, 742 S.E.2d 719 (2013).

Validity of decisions at locations other than courthouse.

- This section contemplated that cases tried at places other than at courthouse shall be valid. Davis v. State, 240 Ga. 763, 243 S.E.2d 12 (1978), cert. denied, 459 U.S. 1010, 103 S. Ct. 189, 74 L. Ed. 2d 153 (1982); Pittman v. State, 196 Ga. App. 864, 397 S.E.2d 302 (1990).

Waiver of error in holding trial at unauthorized location.

- If trial held at unauthorized location, presence of counsel does not waive error. Bankers' Health & Life Ins. Co. v. James, 45 Ga. App. 346, 164 S.E. 684 (1932).

Defendant's failure to object at trial to the propriety of holding trial in city hall rather than in superior court building barred the defendant from raising the issue for the first time on appeal. Jefferson v. State, 196 Ga. App. 770, 397 S.E.2d 129 (1990).

Grand jury is but an arm of superior court which sits within the county. Gates v. State, 73 Ga. App. 824, 38 S.E.2d 311 (1946).

Criminal trial held in county jail.

- It was improper to hold the defendant's trial at a county jail because no consent was obtained from the defendant for conducting the criminal jury trial in a courtroom located inside the county jail, i.e., an alternate or additional facility under O.C.G.A. § 15-6-18(c)(1); Drake v. State, 231 Ga. App. 776 (1998), is also overruled. Purvis v. State, 288 Ga. 865, 708 S.E.2d 283 (2011).

No harm shown.

- Although there was no record that the County Board of Commissioners authorized moving defendant's trial to a courthouse in a different county, there was no evidence that the conduct of the trial was negatively impacted. Dubose v. State, 294 Ga. 579, 755 S.E.2d 174 (2014).

Cited in Cook v. State, 119 Ga. 108, 46 S.E. 64 (1903); Cadle v. State, 101 Ga. App. 175, 113 S.E.2d 180 (1960); Pruitt v. State, 123 Ga. App. 659, 182 S.E.2d 142 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 16 et seq.

C.J.S.

- 21 C.J.S., Courts, § 151 et seq.


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