Definitions

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Emergency Management
  5. Emergency Powers
  6. Judicial Emergency
  7. Definitions

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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:
    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.

JUDICIAL DECISIONS

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


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