Declaration of Judicial Emergency; Duration of Judicial Emergency Declaration; Designation of Alternative Facility in Lieu of Court

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  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Emergency Management
  5. Emergency Powers
  6. Judicial Emergency
  7. Declaration of Judicial Emergency; Duration of Judicial Emergency Declaration; Designation of Alternative Facility in Lieu of Court

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  1. 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.
  2. 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.
  3. 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.

(Code 1981, §38-3-61, enacted by Ga. L. 2004, p. 420, § 3; Ga. L. 2011, p. 701, § 3/HB 339.)

The 2011 amendment, effective July 1, 2011, added "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" at the end of the first sentence of subsection (b).


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