O.C.G.A. § 15-11-653 — GA Code / Title 15 / Chapter 11 / Section 15-11-653
Georgia Code Title 15. Courts § 15-11-653
Status: in_force

(a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency. The attorney for the child being examined and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation.

(a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency. The attorney for the child being examined and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation.

(b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if a child is in an out-of-home placement, the evaluation shall be performed at such child's location.

(b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if a child is in an out-of-home placement, the evaluation shall be performed at such child's location.

(c) The examiner who conducts the evaluation shall submit a written report to the court within 30 days of receipt of the court order for evaluation. The court may, in its discretion, grant the examiner an extension in filing such report. The report shall contain the following: (1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of a child's abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case; (6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not a child should be considered incompetent to proceed; and (8) A specific statement explaining the reasoning supporting the examiner's final determination.

(c) The examiner who conducts the evaluation shall submit a written report to the court within 30 days of receipt of the court order for evaluation. The court may, in its discretion, grant the examiner an extension in filing such report. The report shall contain the following:

(1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation;

(1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation;

(2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;

(2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;

(3) Any available pertinent background information;

(3) Any available pertinent background information;

(4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both;

(4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both;

(5) A description of a child's abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case;

(5) A description of a child's abilities and deficits in the following mental competency functions:

(A) The ability to understand and appreciate the nature and object of the proceedings;

(A) The ability to understand and appreciate the nature and object of the proceedings;

(B) The ability to comprehend his or her situation in relation to the proceedings; and

(B) The ability to comprehend his or her situation in relation to the proceedings; and

(C) The ability to assist his or her attorney in the preparation and presentation of his or her case;

(C) The ability to assist his or her attorney in the preparation and presentation of his or her case;

(6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits;

(6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits;

(7) An opinion regarding whether or not a child should be considered incompetent to proceed; and

(7) An opinion regarding whether or not a child should be considered incompetent to proceed; and

(8) A specific statement explaining the reasoning supporting the examiner's final determination.

(8) A specific statement explaining the reasoning supporting the examiner's final determination.

(d) If, in the opinion of the examiner, a child should be considered incompetent to proceed, the report shall also include the following: (1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability; (2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future; (3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits; (4) A recommendation on the appropriate treatment or services; (5) A recommendation as to the least restrictive setting in which competency remediation services may be effectively provided to such child if he or she is in a secure residential facility or nonsecure residential facility and how such detention should continue; (6) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (7) Any relevant medication history.

(d) If, in the opinion of the examiner, a child should be considered incompetent to proceed, the report shall also include the following:

(1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability;

(1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability;

(2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future;

(2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future;

(3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits;

(3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits;

(4) A recommendation on the appropriate treatment or services;

(4) A recommendation on the appropriate treatment or services;

(5) A recommendation as to the least restrictive setting in which competency remediation services may be effectively provided to such child if he or she is in a secure residential facility or nonsecure residential facility and how such detention should continue;

(5) A recommendation as to the least restrictive setting in which competency remediation services may be effectively provided to such child if he or she is in a secure residential facility or nonsecure residential facility and how such detention should continue;

(6) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and

(6) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and

(7) Any relevant medication history.

(7) Any relevant medication history.

(e) If the examiner determines that the examined child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency.

(e) If the examiner determines that the examined child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency.

(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the examined child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the examined child no later than five days after receipt of the report by the court.

(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the examined child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the examined child no later than five days after receipt of the report by the court.

(g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists. In no event shall more than one evaluation be conducted by an examiner employed by DBHDD.

(g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists. In no event shall more than one evaluation be conducted by an examiner employed by DBHDD.
O.C.G.A. § 15-9-30-6 — GA Code / Title 15 / Chapter 9 / Section 15-9-30-6
Georgia Code Title 15. Courts § 15-9-30.6
Status: in_force

(a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses: (1) Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30 ; and (2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.

(a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses:

(1) Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30 ; and

(1) Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30 ; and

(2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.

(2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.

(b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.

(b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.

(c) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.

(c) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
O.C.G.A. § 15-5-80-1 — GA Code / Title 15 / Chapter 5 / Section 15-5-80-1
Georgia Code Title 15. Courts § 15-5-80.1
Status: in_force

(a) There shall be a Georgia Courts Automation Commission. The commission created in this article shall be a successor to the Georgia Courts Automation Commission created by 1990 Resolution Act No. 98; HR 849; Ga. L. 1990, p. 979.

(a) There shall be a Georgia Courts Automation Commission. The commission created in this article shall be a successor to the Georgia Courts Automation Commission created by 1990 Resolution Act No. 98; HR 849; Ga. L. 1990, p. 979.

(b) The commission shall consist of 11 members. One member shall be the Chief Justice of the Supreme Court of Georgia or his designee; and the remaining members shall be appointed by the Chief Justice as follows: (1) One Judge of the Court of Appeals of Georgia; (2) Three superior court judges; (3) One superior court clerk; (4) One state court judge; (5) One juvenile court judge; (6) One probate court judge; (7) One magistrate court judge; and (8) One municipal court judge. All members of the commission shall serve at the pleasure of the Chief Justice.

(b) The commission shall consist of 11 members. One member shall be the Chief Justice of the Supreme Court of Georgia or his designee; and the remaining members shall be appointed by the Chief Justice as follows:

(1) One Judge of the Court of Appeals of Georgia;

(1) One Judge of the Court of Appeals of Georgia;

(2) Three superior court judges;

(2) Three superior court judges;

(3) One superior court clerk;

(3) One superior court clerk;

(4) One state court judge;

(4) One state court judge;

(5) One juvenile court judge;

(5) One juvenile court judge;

(6) One probate court judge;

(6) One probate court judge;

(7) One magistrate court judge; and

(7) One magistrate court judge; and

(8) One municipal court judge.

(8) One municipal court judge.

All members of the commission shall serve at the pleasure of the Chief Justice.

(c) The Chief Justice shall appoint the chairman of the commission, and the commission shall elect a vice chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary for the most efficient operation of the commission. The commission may meet at such times and places within the state as the commission deems necessary.

(c) The Chief Justice shall appoint the chairman of the commission, and the commission shall elect a vice chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary for the most efficient operation of the commission. The commission may meet at such times and places within the state as the commission deems necessary.

(d) All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties in the same manner as other state officials and employees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from funds of their respective state departments and agencies. All members of the commission who are not state officials or employees shall be reimbursed for such expenses from funds appropriated or otherwise available to the judicial branch of state government.

(d) All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties in the same manner as other state officials and employees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from funds of their respective state departments and agencies. All members of the commission who are not state officials or employees shall be reimbursed for such expenses from funds appropriated or otherwise available to the judicial branch of state government.
O.C.G.A. § 15-10-131 — GA Code / Title 15 / Chapter 10 / Section 15-10-131
Georgia Code Title 15. Courts § 15-10-131
Status: in_force

As used in this article, the term:

(1) “Certified magistrate” means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Section 15-10-137 .

(1) “Certified magistrate” means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Section 15-10-137 .

(2) “Council” means the Georgia Magistrate Courts Training Council.

(2) “Council” means the Georgia Magistrate Courts Training Council.

(3) “School” means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council.

(3) “School” means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council.
O.C.G.A. § 15-7-44 — GA Code / Title 15 / Chapter 7 / Section 15-7-44
Georgia Code Title 15. Courts § 15-7-44
Status: in_force

(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18.

(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18.

(b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18.

(b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18.
O.C.G.A. § 15-14-5 — GA Code / Title 15 / Chapter 14 / Section 15-14-5
Georgia Code Title 15. Courts § 15-14-5
Status: in_force

It shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law whenever requested so to do by counsel for any party to such case and upon being paid the legal fees for such transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto a certificate signed by him reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, the transcript so certified shall be presumed to be true, complete, and correct.
O.C.G.A. § 15-21-132 — GA Code / Title 15 / Chapter 21 / Section 15-21-132
Georgia Code Title 15. Courts § 15-21-132
Status: in_force

(a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid monthly: (1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, to the governing authority of the county for disbursement to those victim assistance programs; or (2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year.

(a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid monthly:

(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, to the governing authority of the county for disbursement to those victim assistance programs; or

(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, to the governing authority of the county for disbursement to those victim assistance programs; or

(2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds.

(2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds.

All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year.

(b) The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected to the county governing authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the Georgia Superior Court Clerks' Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed no later than the last day of the month following the month in which the funds were collected.

(b) The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected to the county governing authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the Georgia Superior Court Clerks' Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed no later than the last day of the month following the month in which the funds were collected.

(c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year.

(c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year.

(d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipient's annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section.

(d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipient's annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section.

(e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs.

(e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs.

(f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section.

(f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section.

(g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council.

(g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council.

(h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section.

(h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section.
O.C.G.A. § 15-3a-3 — GA Code / Title 15 / Chapter 3A / Section 15-3a-3
Georgia Code Title 15. Courts § 15-3A-3
Status: in_force

A Senior Appellate Court Justice or Judge may exercise judicial power in the Supreme Court, Court of Appeals, superior court, and all other courts of this state upon the request and the consent of a majority of the judges of the requesting court.
O.C.G.A. § 15-14-6 — GA Code / Title 15 / Chapter 14 / Section 15-14-6
Georgia Code Title 15. Courts § 15-14-6
Status: in_force

(a) The Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law.

(a) The Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law.

(b) The amounts payable per month under this Code section to superior court reporters as contingent expense and travel allowance shall be as follows: (1) For reporters of judicial circuits consisting of only one county․․․․․․․․․․․․․․․․․․ $ 160.00 (2) For reporters of judicial circuits consisting of two counties․․․․․․․․․․․․․․․․․․․․․ 280.00 (3) For reporters of judicial circuits consisting of three counties․․․․․․․․․․․․․․․․․․․ 400.00 (4) For reporters of judicial circuits consisting of four counties․․․․․․․․․․․․․․․․․․․․ 520.00 (5) For reporters of judicial circuits consisting of five counties․․․․․․․․․․․․․․․․․․․․ 640.00 (6) For reporters of judicial circuits consisting of six or more counties․․․․․․․․․․․․․ 760.00 Any person who is a duly appointed reporter for the superior courts in more than one judicial circuit shall receive only one contingent expense and travel allowance, in the amount provided for the circuit consisting of the largest number of counties in which he or she is so appointed.

(b) The amounts payable per month under this Code section to superior court reporters as contingent expense and travel allowance shall be as follows:

(1)

For reporters of judicial circuits consisting of only one county․․․․․․․․․․․․․․․․․․

$ 160.00

(2)

For reporters of judicial circuits consisting of two counties․․․․․․․․․․․․․․․․․․․․․

280.00

(3)

For reporters of judicial circuits consisting of three counties․․․․․․․․․․․․․․․․․․․

400.00

(4)

For reporters of judicial circuits consisting of four counties․․․․․․․․․․․․․․․․․․․․

520.00

(5)

For reporters of judicial circuits consisting of five counties․․․․․․․․․․․․․․․․․․․․

640.00

(6)

For reporters of judicial circuits consisting of six or more counties․․․․․․․․․․․․․

760.00

Any person who is a duly appointed reporter for the superior courts in more than one judicial circuit shall receive only one contingent expense and travel allowance, in the amount provided for the circuit consisting of the largest number of counties in which he or she is so appointed.

(c) The contingent expense and travel allowance provided by this Code section shall be paid from the appropriations made by the General Assembly for the cost of operating the superior courts. The duly appointed reporters are declared to be officers of the superior courts.

(c) The contingent expense and travel allowance provided by this Code section shall be paid from the appropriations made by the General Assembly for the cost of operating the superior courts. The duly appointed reporters are declared to be officers of the superior courts.

(d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment.

(d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment.

(e) All laws enacted before April 5, 1961, applicable to any circuit or counties of this state and governing the compensation of court reporters therein shall remain in full force and effect.

(e) All laws enacted before April 5, 1961, applicable to any circuit or counties of this state and governing the compensation of court reporters therein shall remain in full force and effect.
O.C.G.A. § 15-9-127 — GA Code / Title 15 / Chapter 9 / Section 15-9-127
Georgia Code Title 15. Courts § 15-9-127
Status: in_force

(a) Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4 , 9-4-5 , 9-4-6 , 9-4-8 , 9-4-9 , and 9-4-11 ; (2) Tax motivated estate planning dispositions of wards' property pursuant to Code Sections 29-3-36 and 29-5-36 ; (3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9 ; (4) Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53; (5) Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent's conduct, and grant appropriate relief; (6) Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and (7) Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92 , 53-4-55 , 53-4-56 , 53-7-75 , or 53-12-27 , or other applicable law.

(a) Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:

(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4 , 9-4-5 , 9-4-6 , 9-4-8 , 9-4-9 , and 9-4-11 ;

(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4 , 9-4-5 , 9-4-6 , 9-4-8 , 9-4-9 , and 9-4-11 ;

(2) Tax motivated estate planning dispositions of wards' property pursuant to Code Sections 29-3-36 and 29-5-36 ;

(2) Tax motivated estate planning dispositions of wards' property pursuant to Code Sections 29-3-36 and 29-5-36 ;

(3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9 ;

(3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9 ;

(4) Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53;

(4) Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53;

(5) Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent's conduct, and grant appropriate relief;

(5) Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent's conduct, and grant appropriate relief;

(6) Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and

(6) Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and

(7) Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92 , 53-4-55 , 53-4-56 , 53-7-75 , or 53-12-27 , or other applicable law.

(7) Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92 , 53-4-55 , 53-4-56 , 53-7-75 , or 53-12-27 , or other applicable law.

(b) In civil cases, probate courts subject to this article may: (1) Apply equitable principles; (2) Hear evidence on and decide any contested question; and (3) Issue such orders as are appropriate under the circumstances.

(b) In civil cases, probate courts subject to this article may:

(1) Apply equitable principles;

(1) Apply equitable principles;

(2) Hear evidence on and decide any contested question; and

(2) Hear evidence on and decide any contested question; and

(3) Issue such orders as are appropriate under the circumstances.

(3) Issue such orders as are appropriate under the circumstances.

(c) Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state.

(c) Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state.
O.C.G.A. § 15-18-94 — GA Code / Title 15 / Chapter 18 / Section 15-18-94
Georgia Code Title 15. Courts § 15-18-94
Status: in_force

(a) Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a full-time or part-time prosecuting attorney.

(a) Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a full-time or part-time prosecuting attorney.

(b) Any full-time prosecuting attorney of a municipal court and any full-time employees of the prosecuting attorney of a municipal court shall not engage in the private practice of law.

(b) Any full-time prosecuting attorney of a municipal court and any full-time employees of the prosecuting attorney of a municipal court shall not engage in the private practice of law.

(c) Any part-time prosecuting attorney of a municipal court and any part-time assistant prosecuting attorney of a municipal court may engage in the private practice of law, but shall not practice in the municipal court or appear in any matter in which that prosecuting attorney has exercised jurisdiction.

(c) Any part-time prosecuting attorney of a municipal court and any part-time assistant prosecuting attorney of a municipal court may engage in the private practice of law, but shall not practice in the municipal court or appear in any matter in which that prosecuting attorney has exercised jurisdiction.
O.C.G.A. § 15-9-13 — GA Code / Title 15 / Chapter 9 / Section 15-9-13
Georgia Code Title 15. Courts § 15-9-13
Status: in_force

(a) Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualified under subsection (f) of Code Section 15-9-2.1 . Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason and an associate judge is unable to act, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge shall not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.

(a) Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualified under subsection (f) of Code Section 15-9-2.1 . Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason and an associate judge is unable to act, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If, however, the inability of the probate judge to act arises from any unlawful act or the accusation of an unlawful act on the part of the probate judge, the probate judge shall not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court.

(b) If for any reason the judge of the probate court fails to appoint an attorney to serve, the chief judge of the superior court shall appoint an individual to serve and exercise the jurisdiction of the judge of the probate court in the case.

(b) If for any reason the judge of the probate court fails to appoint an attorney to serve, the chief judge of the superior court shall appoint an individual to serve and exercise the jurisdiction of the judge of the probate court in the case.

(c) Except as otherwise provided in paragraph (4) of subsection (a) of Code Section 15-9-2.1 , the compensation of the individual serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the chief judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during such service by an individual who is not an associate judge of the probate court shall be paid into the general funds of the county.

(c) Except as otherwise provided in paragraph (4) of subsection (a) of Code Section 15-9-2.1 , the compensation of the individual serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the chief judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during such service by an individual who is not an associate judge of the probate court shall be paid into the general funds of the county.
O.C.G.A. § 15-21-2 — GA Code / Title 15 / Chapter 21 / Section 15-21-2
Georgia Code Title 15. Courts § 15-21-2
Status: in_force

(a)(1) The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and bond forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (2) The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the department's motorcycle enforcement program. (3) As used in this subsection, the term “ urban interstate system ” means a portion of the national system of interstate and defense highways which: (A) Is located entirely within any part of this state; and (B) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.

(a)(1) The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and bond forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs.

(a)(1) The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and bond forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs.

(2) The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the department's motorcycle enforcement program.

(2) The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the department's motorcycle enforcement program.

(3) As used in this subsection, the term “ urban interstate system ” means a portion of the national system of interstate and defense highways which: (A) Is located entirely within any part of this state; and (B) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.

(3) As used in this subsection, the term “ urban interstate system ” means a portion of the national system of interstate and defense highways which:

(A) Is located entirely within any part of this state; and

(A) Is located entirely within any part of this state; and

(B) Includes a single numbered interstate highway which forms a closed loop or perimeter.

(B) Includes a single numbered interstate highway which forms a closed loop or perimeter.

Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.

(b) No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid.

(b) No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid.
O.C.G.A. § 15-12-172 — GA Code / Title 15 / Chapter 12 / Section 15-12-172
Georgia Code Title 15. Courts § 15-12-172
Status: in_force

If at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated. Further replacements shall be made in similar numerical sequence provided the alternate jurors have not been discharged. An alternate juror taking the place of any incapacitated juror shall thereafter be deemed to be a member of the jury of 12 and shall have full power to take part in the deliberations of the jury and the finding of the verdict. Any verdict found by any jury having thereon alternate jurors shall have the same force, effect, and validity as if found by the original jury of 12.
O.C.G.A. § 15-5a-3 — GA Code / Title 15 / Chapter 5A / Section 15-5a-3
Georgia Code Title 15. Courts § 15-5A-3
Status: in_force

(a) Except as provided in subsection (b) of this Code section, pursuant to the process provided for in Code Section 15-5A-4 , the Georgia State-wide Business Court shall have authority to: (1) Exercise concurrent jurisdiction and the powers of a court of equity, to the extent that such powers are exercised: (A) Notwithstanding the amount in controversy, where equity relief is requested in claims: (i) Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code”; (ii) Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the “Georgia International Commercial Arbitration Code,” for which an application may be made to a court of this state; (iii) Arising under Article 27 of Chapter 1 of Title 10, the “Georgia Trade Secrets Act of 1990”; (iv) Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008”; (v) Arising under Title 11, the “Uniform Commercial Code”; (vi) Arising under Chapter 2 of Title 14, the “Georgia Business Corporation Code”; (vii) Arising under Chapter 8 of Title 14, the “Uniform Partnership Act”; (viii) Arising under Chapter 9 of Title 14, the “Georgia Revised Uniform Limited Partnership Act”; (ix) Arising under Chapter 9A of Title 14, the “Uniform Limited Partnership Act”; (x) Arising under Chapter 11 of Title 14, the “Georgia Limited Liability Company Act”; (xi) That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners; (xii) Arising under federal law over which courts of this state have concurrent jurisdiction; (xiii) Where the complaint includes a professional malpractice claim arising out of a business dispute; (xiv) Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals; (xv) For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships; (xvi) Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and (xvii) Involving commercial real property; and (B) Where damages are requested the amount in controversy shall be at least: (i) One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or (ii) Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property; (2) Have supplemental jurisdiction over all pending claims that are so related to the claims in cases provided for under paragraph (1) of this subsection that such pending claims form part of the same case or controversy; (3) Punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and (4) Exercise such other powers, not contrary to the Constitution, as are or may be given to such a court by law.

(a) Except as provided in subsection (b) of this Code section, pursuant to the process provided for in Code Section 15-5A-4 , the Georgia State-wide Business Court shall have authority to:

(1) Exercise concurrent jurisdiction and the powers of a court of equity, to the extent that such powers are exercised: (A) Notwithstanding the amount in controversy, where equity relief is requested in claims: (i) Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code”; (ii) Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the “Georgia International Commercial Arbitration Code,” for which an application may be made to a court of this state; (iii) Arising under Article 27 of Chapter 1 of Title 10, the “Georgia Trade Secrets Act of 1990”; (iv) Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008”; (v) Arising under Title 11, the “Uniform Commercial Code”; (vi) Arising under Chapter 2 of Title 14, the “Georgia Business Corporation Code”; (vii) Arising under Chapter 8 of Title 14, the “Uniform Partnership Act”; (viii) Arising under Chapter 9 of Title 14, the “Georgia Revised Uniform Limited Partnership Act”; (ix) Arising under Chapter 9A of Title 14, the “Uniform Limited Partnership Act”; (x) Arising under Chapter 11 of Title 14, the “Georgia Limited Liability Company Act”; (xi) That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners; (xii) Arising under federal law over which courts of this state have concurrent jurisdiction; (xiii) Where the complaint includes a professional malpractice claim arising out of a business dispute; (xiv) Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals; (xv) For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships; (xvi) Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and (xvii) Involving commercial real property; and (B) Where damages are requested the amount in controversy shall be at least: (i) One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or (ii) Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property;

(1) Exercise concurrent jurisdiction and the powers of a court of equity, to the extent that such powers are exercised:

(A) Notwithstanding the amount in controversy, where equity relief is requested in claims: (i) Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code”; (ii) Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the “Georgia International Commercial Arbitration Code,” for which an application may be made to a court of this state; (iii) Arising under Article 27 of Chapter 1 of Title 10, the “Georgia Trade Secrets Act of 1990”; (iv) Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008”; (v) Arising under Title 11, the “Uniform Commercial Code”; (vi) Arising under Chapter 2 of Title 14, the “Georgia Business Corporation Code”; (vii) Arising under Chapter 8 of Title 14, the “Uniform Partnership Act”; (viii) Arising under Chapter 9 of Title 14, the “Georgia Revised Uniform Limited Partnership Act”; (ix) Arising under Chapter 9A of Title 14, the “Uniform Limited Partnership Act”; (x) Arising under Chapter 11 of Title 14, the “Georgia Limited Liability Company Act”; (xi) That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners; (xii) Arising under federal law over which courts of this state have concurrent jurisdiction; (xiii) Where the complaint includes a professional malpractice claim arising out of a business dispute; (xiv) Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals; (xv) For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships; (xvi) Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and (xvii) Involving commercial real property; and

(A) Notwithstanding the amount in controversy, where equity relief is requested in claims:

(i) Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code”;

(i) Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the “Georgia Arbitration Code”;

(ii) Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the “Georgia International Commercial Arbitration Code,” for which an application may be made to a court of this state;

(ii) Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the “Georgia International Commercial Arbitration Code,” for which an application may be made to a court of this state;

(iii) Arising under Article 27 of Chapter 1 of Title 10, the “Georgia Trade Secrets Act of 1990”;

(iii) Arising under Article 27 of Chapter 1 of Title 10, the “Georgia Trade Secrets Act of 1990”;

(iv) Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008”;

(iv) Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the “Georgia Uniform Securities Act of 2008”;

(v) Arising under Title 11, the “Uniform Commercial Code”;

(v) Arising under Title 11, the “Uniform Commercial Code”;

(vi) Arising under Chapter 2 of Title 14, the “Georgia Business Corporation Code”;

(vi) Arising under Chapter 2 of Title 14, the “Georgia Business Corporation Code”;

(vii) Arising under Chapter 8 of Title 14, the “Uniform Partnership Act”;

(vii) Arising under Chapter 8 of Title 14, the “Uniform Partnership Act”;

(viii) Arising under Chapter 9 of Title 14, the “Georgia Revised Uniform Limited Partnership Act”;

(viii) Arising under Chapter 9 of Title 14, the “Georgia Revised Uniform Limited Partnership Act”;

(ix) Arising under Chapter 9A of Title 14, the “Uniform Limited Partnership Act”;

(ix) Arising under Chapter 9A of Title 14, the “Uniform Limited Partnership Act”;

(x) Arising under Chapter 11 of Title 14, the “Georgia Limited Liability Company Act”;

(x) Arising under Chapter 11 of Title 14, the “Georgia Limited Liability Company Act”;

(xi) That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners;

(xi) That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners;

(xii) Arising under federal law over which courts of this state have concurrent jurisdiction;

(xii) Arising under federal law over which courts of this state have concurrent jurisdiction;

(xiii) Where the complaint includes a professional malpractice claim arising out of a business dispute;

(xiii) Where the complaint includes a professional malpractice claim arising out of a business dispute;

(xiv) Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals;

(xiv) Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals;

(xv) For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships;

(xv) For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships;

(xvi) Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and

(xvi) Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and

(xvii) Involving commercial real property; and

(xvii) Involving commercial real property; and

(B) Where damages are requested the amount in controversy shall be at least: (i) One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or (ii) Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property;

(B) Where damages are requested the amount in controversy shall be at least:

(i) One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or

(i) One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or

(ii) Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property;

(ii) Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property;

(2) Have supplemental jurisdiction over all pending claims that are so related to the claims in cases provided for under paragraph (1) of this subsection that such pending claims form part of the same case or controversy;

(2) Have supplemental jurisdiction over all pending claims that are so related to the claims in cases provided for under paragraph (1) of this subsection that such pending claims form part of the same case or controversy;

(3) Punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and

(3) Punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and

(4) Exercise such other powers, not contrary to the Constitution, as are or may be given to such a court by law.

(4) Exercise such other powers, not contrary to the Constitution, as are or may be given to such a court by law.

(b) The Georgia State-wide Business Court shall not have authority to exercise jurisdiction over claims arising under federal or state law, as applicable, involving: (1) Physical injury inflicted upon the body of a person or death; (2) Mental or emotional injury inflicted upon a person; (3) Physical contact of an insulting or provoking nature with the body of a person; (4) A threat of physical violence toward another person; (5) Matters arising under Title 19; (6) Residential landlord and tenant disputes; (7) Foreclosures; (8) Individual consumer claims involving a retail customer of goods or services who uses or intends to use such goods or services primarily for personal, family, or household purposes; provided, however, that this paragraph shall not be construed to preclude the court from exercising jurisdiction over mass actions or class actions involving such individual consumer claims; or (9) Collections in matters involving a family owned farm entity as defined in Code Section 48-5-41.1 or an individual farmer.

(b) The Georgia State-wide Business Court shall not have authority to exercise jurisdiction over claims arising under federal or state law, as applicable, involving:

(1) Physical injury inflicted upon the body of a person or death;

(1) Physical injury inflicted upon the body of a person or death;

(2) Mental or emotional injury inflicted upon a person;

(2) Mental or emotional injury inflicted upon a person;

(3) Physical contact of an insulting or provoking nature with the body of a person;

(3) Physical contact of an insulting or provoking nature with the body of a person;

(4) A threat of physical violence toward another person;

(4) A threat of physical violence toward another person;

(5) Matters arising under Title 19;

(5) Matters arising under Title 19;

(6) Residential landlord and tenant disputes;

(6) Residential landlord and tenant disputes;

(7) Foreclosures;

(7) Foreclosures;

(8) Individual consumer claims involving a retail customer of goods or services who uses or intends to use such goods or services primarily for personal, family, or household purposes; provided, however, that this paragraph shall not be construed to preclude the court from exercising jurisdiction over mass actions or class actions involving such individual consumer claims; or

(8) Individual consumer claims involving a retail customer of goods or services who uses or intends to use such goods or services primarily for personal, family, or household purposes; provided, however, that this paragraph shall not be construed to preclude the court from exercising jurisdiction over mass actions or class actions involving such individual consumer claims; or

(9) Collections in matters involving a family owned farm entity as defined in Code Section 48-5-41.1 or an individual farmer.

(9) Collections in matters involving a family owned farm entity as defined in Code Section 48-5-41.1 or an individual farmer.
O.C.G.A. § 15-24-1 — GA Code / Title 15 / Chapter 24 / Section 15-24-1
Georgia Code Title 15. Courts § 15-24-1
Status: in_force

As used in this chapter, the term:

(1) “ Protocol committee ” or “ committee ” means a multidisciplinary, multiagency sexual assault committee established for a county pursuant to Code Section 15-24-2 . The protocol committee is charged with developing local protocols to investigate and prosecute alleged cases of sexual assault.

(1) “ Protocol committee ” or “ committee ” means a multidisciplinary, multiagency sexual assault committee established for a county pursuant to Code Section 15-24-2 . The protocol committee is charged with developing local protocols to investigate and prosecute alleged cases of sexual assault.

(2) “ Sexual assault ” means rape, sodomy, aggravated sodomy, incest, sexual battery, and aggravated sexual battery as those terms are defined in Chapter 6 of Title 16.

(2) “ Sexual assault ” means rape, sodomy, aggravated sodomy, incest, sexual battery, and aggravated sexual battery as those terms are defined in Chapter 6 of Title 16.
O.C.G.A. § 15-10-23-1 — GA Code / Title 15 / Chapter 10 / Section 15-10-23-1
Georgia Code Title 15. Courts § 15-10-23.1
Status: in_force

In addition to any salary, fees, or expenses now or hereafter provided by law, unless a magistrate waives such expenses in writing, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0- 11,889․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․$ 100.00

11,890- 74,999․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․200.00

75,000-249,999․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․300.00

250,000-499,999․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․400.00

500,000 or more․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․500.00
O.C.G.A. § 15-9-41 — GA Code / Title 15 / Chapter 9 / Section 15-9-41
Georgia Code Title 15. Courts § 15-9-41
Status: in_force

The judge of the probate court shall keep a regular book of minutes of the proceedings of his court, on which he shall enter all the applications refused as well as those granted.
O.C.G.A. § 15-18-65 — GA Code / Title 15 / Chapter 18 / Section 15-18-65
Georgia Code Title 15. Courts § 15-18-65
Status: in_force

(a) When a solicitor-general's office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia of the disqualification. Upon receipt of such notification, the executive director of the Prosecuting Attorneys' Council of the State of Georgia shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section 15-18-30 , other competent attorney, or an attorney from the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia to act in place of the solicitor-general. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply.

(a) When a solicitor-general's office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia of the disqualification. Upon receipt of such notification, the executive director of the Prosecuting Attorneys' Council of the State of Georgia shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section 15-18-30 , other competent attorney, or an attorney from the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia to act in place of the solicitor-general. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply.

(b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county.

(b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county.

(c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or any employee of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys.

(c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or any employee of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys.

(d) Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2 , and such order shall be subject to appellate review as provided by Chapter 7 of Title 5.

(d) Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2 , and such order shall be subject to appellate review as provided by Chapter 7 of Title 5.
O.C.G.A. § 15-21-56 — GA Code / Title 15 / Chapter 21 / Section 15-21-56
Georgia Code Title 15. Courts § 15-21-56
Status: in_force

(a) At any time, any claimant claiming any interest in the fine and bond forfeitures fund (including the officer or officers in charge of the roads and revenues of the county, on behalf of the county, and in the interest of the county in securing all moneys due hereunder to the general fund of the county for the purpose of paying expenses of the courts, the maintenance and support of prisoners, the payment to sheriffs and coroners for litigation, and payment of all legal demands as aforesaid) may proceed as provided by law by rule and attachment against the county treasurer and the prosecuting officer.

(a) At any time, any claimant claiming any interest in the fine and bond forfeitures fund (including the officer or officers in charge of the roads and revenues of the county, on behalf of the county, and in the interest of the county in securing all moneys due hereunder to the general fund of the county for the purpose of paying expenses of the courts, the maintenance and support of prisoners, the payment to sheriffs and coroners for litigation, and payment of all legal demands as aforesaid) may proceed as provided by law by rule and attachment against the county treasurer and the prosecuting officer.

(b) In the proceeding or rule the court may seize any such funds which are a part of the fine and bond forfeitures fund, by whomever held, under appropriate order and may order the funds paid into the registry of the court. To that end, for the purpose of carrying into effect this entire article, the court may join any necessary parties.

(b) In the proceeding or rule the court may seize any such funds which are a part of the fine and bond forfeitures fund, by whomever held, under appropriate order and may order the funds paid into the registry of the court. To that end, for the purpose of carrying into effect this entire article, the court may join any necessary parties.

(c) The court, and the judge thereof, shall order such additional notice and service which to the court shall seem proper in order to protect the rights of all parties interested in the fund. The proceeding shall be in the nature of an equitable proceeding and shall be governed by all established rules and maxims of equity. The court may pass such orders and order such disposition of funds in the registry of the court, in the county treasury, or in the hands of any custodian of the fine and bond forfeitures fund as will ensure such payment to officers of court, to other legal claimants, or to the county, in lieu of the salary of officers of court, of the insolvent costs of such officers earned during their term of office, such payment to be out of fines and bond forfeitures collected during such terms as is provided by law.

(c) The court, and the judge thereof, shall order such additional notice and service which to the court shall seem proper in order to protect the rights of all parties interested in the fund. The proceeding shall be in the nature of an equitable proceeding and shall be governed by all established rules and maxims of equity. The court may pass such orders and order such disposition of funds in the registry of the court, in the county treasury, or in the hands of any custodian of the fine and bond forfeitures fund as will ensure such payment to officers of court, to other legal claimants, or to the county, in lieu of the salary of officers of court, of the insolvent costs of such officers earned during their term of office, such payment to be out of fines and bond forfeitures collected during such terms as is provided by law.
O.C.G.A. § 15-11-19 — GA Code / Title 15 / Chapter 11 / Section 15-11-19
Georgia Code Title 15. Courts § 15-11-19
Status: in_force

(a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings.

(a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings.

(b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.

(b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.
O.C.G.A. § 15-10-53 — GA Code / Title 15 / Chapter 10 / Section 15-10-53
Georgia Code Title 15. Courts § 15-10-53
Status: in_force

(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means.

(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means.

(b) Any pleading or document filed electronically shall be in a format prescribed by the court and shall comply with Code Section 15-10-54 .

(b) Any pleading or document filed electronically shall be in a format prescribed by the court and shall comply with Code Section 15-10-54 .

(c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-2 .

(c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-2 .

(d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods: (1) As provided in Code Section 10-12-11 ; (2) By oath or affirmation of the party filing the pleading at the time of the trial of the case; (3) By supplemental verified pleading; or (4) By electronic verification, oath, or affidavit in substantially the following form: “By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct. Date:__________ Electronic Signature:__________”

(d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods:

(1) As provided in Code Section 10-12-11 ;

(1) As provided in Code Section 10-12-11 ;

(2) By oath or affirmation of the party filing the pleading at the time of the trial of the case;

(2) By oath or affirmation of the party filing the pleading at the time of the trial of the case;

(3) By supplemental verified pleading; or

(3) By supplemental verified pleading; or

(4) By electronic verification, oath, or affidavit in substantially the following form: “By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct. Date:__________ Electronic Signature:__________”

(4) By electronic verification, oath, or affidavit in substantially the following form:

“By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct.

Date:__________ Electronic Signature:__________”

(e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form: “By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party). Date:__________ Electronic Signature:__________”

(e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form:

“By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party).

Date:__________ Electronic Signature:__________”

(f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.

(f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.

(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic.

(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic.

(h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed.

(h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed.

(i) Any pleading or document filed electronically shall be deemed filed as of the time of its receipt by the electronic filing service provider.

(i) Any pleading or document filed electronically shall be deemed filed as of the time of its receipt by the electronic filing service provider.

(j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter.

(j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter.

(k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment.

(k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment.

(l) When a filing involves the transfer of funds, the court may establish a procedure for making such transactions by electronic means.

(l) When a filing involves the transfer of funds, the court may establish a procedure for making such transactions by electronic means.
O.C.G.A. § 15-6-57 — GA Code / Title 15 / Chapter 6 / Section 15-6-57
Georgia Code Title 15. Courts § 15-6-57
Status: in_force

Should any two or more candidates at an election to fill a vacancy in the office of superior court clerk, or at a regular election, have the highest and an equal number of votes, the judge of the probate court shall set a date and advertise another election in the manner prescribed in Code Section 15-6-53 and shall do so until a choice is made.
O.C.G.A. § 15-11-62 — GA Code / Title 15 / Chapter 11 / Section 15-11-62
Georgia Code Title 15. Courts § 15-11-62
Status: in_force

(a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, any duly appointed juvenile court judge, or any duly appointed associate juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint.

(a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, any duly appointed juvenile court judge, or any duly appointed associate juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint.

(b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.

(b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.
O.C.G.A. § 15-5a-6 — GA Code / Title 15 / Chapter 5A / Section 15-5a-6
Georgia Code Title 15. Courts § 15-5A-6
Status: in_force

(a) The Georgia State-wide Business Court shall consist of one judge and one division.

(a) The Georgia State-wide Business Court shall consist of one judge and one division.

(b) The court shall commence operations on January 1, 2020, and may commence accepting cases on August 1, 2020.

(b) The court shall commence operations on January 1, 2020, and may commence accepting cases on August 1, 2020.

(c) No individual shall be a judge of the Georgia State-wide Business Court unless, at the time of his or her appointment, he or she has: (1) Been a resident of this state and a citizen of the United States for at least seven years; (2) Been admitted to practice law in this state for at least seven years; and (3) At least 15 years of legal experience as an attorney or judge in complex business litigation, which experience shall be presumed by law as being met by virtue of appointment and approval under Code Section 15-5A-7 .

(c) No individual shall be a judge of the Georgia State-wide Business Court unless, at the time of his or her appointment, he or she has:

(1) Been a resident of this state and a citizen of the United States for at least seven years;

(1) Been a resident of this state and a citizen of the United States for at least seven years;

(2) Been admitted to practice law in this state for at least seven years; and

(2) Been admitted to practice law in this state for at least seven years; and

(3) At least 15 years of legal experience as an attorney or judge in complex business litigation, which experience shall be presumed by law as being met by virtue of appointment and approval under Code Section 15-5A-7 .

(3) At least 15 years of legal experience as an attorney or judge in complex business litigation, which experience shall be presumed by law as being met by virtue of appointment and approval under Code Section 15-5A-7 .
O.C.G.A. § 15-11-500 — GA Code / Title 15 / Chapter 11 / Section 15-11-500
Georgia Code Title 15. Courts § 15-11-500
Status: in_force

If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child's health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.
O.C.G.A. § 15-11-232 — GA Code / Title 15 / Chapter 11 / Section 15-11-232
Georgia Code Title 15. Courts § 15-11-232
Status: in_force

(a) At the permanency plan hearing, the court shall make written findings of fact that include the following: (1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety and appropriateness of the placement; (3) Compliance with the permanency plan by DFCS, parties, and any other service providers; (4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian; (5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child; (6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement; (7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child; (8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living; (9) In the case of a child for whom another planned permanent living arrangement is the permanency plan: (A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children; (B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and (C) After asking the child, what his or her desired permanency outcome is; (10) If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201 ; and (11) In the case of a child placed in a qualified residential treatment program: (A) Whether DFCS has documented ongoing assessments of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a foster family home; (B) Whether DFCS has documented that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (C) Whether DFCS has documented that the child's placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; (D) Whether DFCS has documented the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (E) Whether DFCS has documented their efforts to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.

(a) At the permanency plan hearing, the court shall make written findings of fact that include the following:

(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing;

(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing;

(2) The continuing necessity for and the safety and appropriateness of the placement;

(2) The continuing necessity for and the safety and appropriateness of the placement;

(3) Compliance with the permanency plan by DFCS, parties, and any other service providers;

(3) Compliance with the permanency plan by DFCS, parties, and any other service providers;

(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian;

(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian;

(5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child;

(5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child;

(6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;

(6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;

(7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child;

(7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child;

(8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living;

(8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living;

(9) In the case of a child for whom another planned permanent living arrangement is the permanency plan: (A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children; (B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and (C) After asking the child, what his or her desired permanency outcome is;

(9) In the case of a child for whom another planned permanent living arrangement is the permanency plan:

(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children;

(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children;

(B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and

(B) Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and

(C) After asking the child, what his or her desired permanency outcome is;

(C) After asking the child, what his or her desired permanency outcome is;

(10) If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201 ; and

(10) If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201 ; and

(11) In the case of a child placed in a qualified residential treatment program: (A) Whether DFCS has documented ongoing assessments of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a foster family home; (B) Whether DFCS has documented that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (C) Whether DFCS has documented that the child's placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; (D) Whether DFCS has documented the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (E) Whether DFCS has documented their efforts to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.

(11) In the case of a child placed in a qualified residential treatment program:

(A) Whether DFCS has documented ongoing assessments of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a foster family home;

(A) Whether DFCS has documented ongoing assessments of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a foster family home;

(B) Whether DFCS has documented that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;

(B) Whether DFCS has documented that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;

(C) Whether DFCS has documented that the child's placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child;

(C) Whether DFCS has documented that the child's placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child;

(D) Whether DFCS has documented the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and

(D) Whether DFCS has documented the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and

(E) Whether DFCS has documented their efforts to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.

(E) Whether DFCS has documented their efforts to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.

(b) The permanency plan incorporated in the court's order shall include: (1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent; (2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption; (3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or (4) In the case in which DFCS has documented a compelling reason that none of the options identified in paragraphs (1) through (3) of this subsection would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement.

(b) The permanency plan incorporated in the court's order shall include:

(1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent;

(1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent;

(2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption;

(2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption;

(3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or

(3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or

(4) In the case in which DFCS has documented a compelling reason that none of the options identified in paragraphs (1) through (3) of this subsection would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement.

(4) In the case in which DFCS has documented a compelling reason that none of the options identified in paragraphs (1) through (3) of this subsection would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement.

(c) If the court finds, as of the date of the hearing, that another planned permanent living arrangement is in the best interests of a child who has attained the age of 16 years old, the court shall make findings of fact explaining such determination and, in its order, provide compelling reasons why it is not or continues to not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, placed with a permanent guardian, or placed with a fit and willing relative.

(c) If the court finds, as of the date of the hearing, that another planned permanent living arrangement is in the best interests of a child who has attained the age of 16 years old, the court shall make findings of fact explaining such determination and, in its order, provide compelling reasons why it is not or continues to not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, placed with a permanent guardian, or placed with a fit and willing relative.

(d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.

(d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.
O.C.G.A. § 15-18-71 — GA Code / Title 15 / Chapter 18 / Section 15-18-71
Georgia Code Title 15. Courts § 15-18-71
Status: in_force

(a) The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attorney or other employee of the solicitor-general's office.

(a) The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attorney or other employee of the solicitor-general's office.

(b) Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act.

(b) Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act.

(c) All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing.

(c) All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing.

(d) All assistant solicitors-general and investigators shall, in addition to any oath prescribed by Chapter 3 of Title 45, take and subscribe to the following oath: “I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.”, which shall be filed in accordance with Chapter 3 of Title 45.

(d) All assistant solicitors-general and investigators shall, in addition to any oath prescribed by Chapter 3 of Title 45, take and subscribe to the following oath:

“I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.”,

which shall be filed in accordance with Chapter 3 of Title 45.
O.C.G.A. § 15-5a-2 — GA Code / Title 15 / Chapter 5A / Section 15-5a-2
Georgia Code Title 15. Courts § 15-5A-2
Status: in_force

(a) The terms of court for the Georgia State-wide Business Court shall be the same as the terms of court for the Supreme Court.

(a) The terms of court for the Georgia State-wide Business Court shall be the same as the terms of court for the Supreme Court.

(b) The Georgia State-wide Business Court shall sit at the seat of government in Atlanta or shall sit in Macon-Bibb County and shall conduct proceedings and trials in locations as provided for in this Code section.

(b) The Georgia State-wide Business Court shall sit at the seat of government in Atlanta or shall sit in Macon-Bibb County and shall conduct proceedings and trials in locations as provided for in this Code section.

(c)(1) All cases before the Georgia State-wide Business Court may have pretrial proceedings conducted at the seat of government, in Atlanta, in Macon-Bibb County, or, in the sole discretion of the judge of the Georgia State-wide Business Court to whom the case is assigned, conducted via video, telephone, or other efficient technological means as may be deemed necessary or useful to conserve the resources of the parties or the court. (2) At the request of any party to a case, the judge of the Georgia State-wide Business Court to whom the case is assigned may, in his or her sole discretion, conduct any pretrial proceeding in the county in which the trial of such case shall be conducted pursuant to the Constitution of this state.

(c)(1) All cases before the Georgia State-wide Business Court may have pretrial proceedings conducted at the seat of government, in Atlanta, in Macon-Bibb County, or, in the sole discretion of the judge of the Georgia State-wide Business Court to whom the case is assigned, conducted via video, telephone, or other efficient technological means as may be deemed necessary or useful to conserve the resources of the parties or the court.

(c)(1) All cases before the Georgia State-wide Business Court may have pretrial proceedings conducted at the seat of government, in Atlanta, in Macon-Bibb County, or, in the sole discretion of the judge of the Georgia State-wide Business Court to whom the case is assigned, conducted via video, telephone, or other efficient technological means as may be deemed necessary or useful to conserve the resources of the parties or the court.

(2) At the request of any party to a case, the judge of the Georgia State-wide Business Court to whom the case is assigned may, in his or her sole discretion, conduct any pretrial proceeding in the county in which the trial of such case shall be conducted pursuant to the Constitution of this state.

(2) At the request of any party to a case, the judge of the Georgia State-wide Business Court to whom the case is assigned may, in his or her sole discretion, conduct any pretrial proceeding in the county in which the trial of such case shall be conducted pursuant to the Constitution of this state.

(d) The judge of the Georgia State-wide Business Court to whom a case is assigned shall preside over a bench trial unless any party requests a jury trial. If such request is made, the judge of the Georgia State-wide Business Court to whom the case is assigned shall preside over such jury trial. Any trial of a case before the Georgia State-wide Business Court shall take place in the county where venue is proper pursuant to subsection (e) of this Code section.

(d) The judge of the Georgia State-wide Business Court to whom a case is assigned shall preside over a bench trial unless any party requests a jury trial. If such request is made, the judge of the Georgia State-wide Business Court to whom the case is assigned shall preside over such jury trial. Any trial of a case before the Georgia State-wide Business Court shall take place in the county where venue is proper pursuant to subsection (e) of this Code section.

(e) Proper venue in the Georgia State-wide Business Court shall be as provided: (1) In Code Section 9-10-93 or 14-2-510 or as otherwise prescribed by law or the Constitution of this state when initiating a civil action that has not already been filed in superior court or state court; provided, however, that, if more than one venue is proper, then the party initiating the civil action in the Georgia State-wide Business Court shall select among the proper venues at the time of filing in the Georgia State-wide Business Court; (2) In the pleadings, if proper, that initiated the civil action in superior court or state court when petitioning the Georgia State-wide Business Court for removal or transfer; provided, however, that, if venue is improper in the pleading that initiated the civil action in superior court or state court, then venue shall be set by the judge of the Georgia State-wide Business Court; or (3) By the parties when all parties agree on the proper venue.

(e) Proper venue in the Georgia State-wide Business Court shall be as provided:

(1) In Code Section 9-10-93 or 14-2-510 or as otherwise prescribed by law or the Constitution of this state when initiating a civil action that has not already been filed in superior court or state court; provided, however, that, if more than one venue is proper, then the party initiating the civil action in the Georgia State-wide Business Court shall select among the proper venues at the time of filing in the Georgia State-wide Business Court;

(1) In Code Section 9-10-93 or 14-2-510 or as otherwise prescribed by law or the Constitution of this state when initiating a civil action that has not already been filed in superior court or state court; provided, however, that, if more than one venue is proper, then the party initiating the civil action in the Georgia State-wide Business Court shall select among the proper venues at the time of filing in the Georgia State-wide Business Court;

(2) In the pleadings, if proper, that initiated the civil action in superior court or state court when petitioning the Georgia State-wide Business Court for removal or transfer; provided, however, that, if venue is improper in the pleading that initiated the civil action in superior court or state court, then venue shall be set by the judge of the Georgia State-wide Business Court; or

(2) In the pleadings, if proper, that initiated the civil action in superior court or state court when petitioning the Georgia State-wide Business Court for removal or transfer; provided, however, that, if venue is improper in the pleading that initiated the civil action in superior court or state court, then venue shall be set by the judge of the Georgia State-wide Business Court; or

(3) By the parties when all parties agree on the proper venue.

(3) By the parties when all parties agree on the proper venue.

(f) When the judge of the Georgia State-wide Business Court is disqualified from presiding over a case or proceeding pursuant to the Georgia Code of Judicial Conduct or Code Section 15-1-8 , the case shall be transferred to another judge of the Georgia State-wide Business Court, if applicable, and if no other judge of the Georgia State-wide Business Court may preside over such case, then the Supreme Court shall order a sitting judge of the Court of Appeals, the superior court, or the state court to sit by designation as a judge of the Georgia State-wide Business Court.

(f) When the judge of the Georgia State-wide Business Court is disqualified from presiding over a case or proceeding pursuant to the Georgia Code of Judicial Conduct or Code Section 15-1-8 , the case shall be transferred to another judge of the Georgia State-wide Business Court, if applicable, and if no other judge of the Georgia State-wide Business Court may preside over such case, then the Supreme Court shall order a sitting judge of the Court of Appeals, the superior court, or the state court to sit by designation as a judge of the Georgia State-wide Business Court.
O.C.G.A. § 15-6-82 — GA Code / Title 15 / Chapter 6 / Section 15-6-82
Georgia Code Title 15. Courts § 15-6-82
Status: in_force

(a) Whenever the Governor determines that an investigation of a clerk of superior court of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the clerk of superior court to perform the functions of his or her office, the Governor shall appoint an investigative committee consisting of two clerks of superior court who are members of The Council of Superior Court Clerks of Georgia and the Attorney General to conduct an investigation. Such clerks of superior court may be from any two counties in the state other than the county of the clerk of superior court under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of the state government.

(a) Whenever the Governor determines that an investigation of a clerk of superior court of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the clerk of superior court to perform the functions of his or her office, the Governor shall appoint an investigative committee consisting of two clerks of superior court who are members of The Council of Superior Court Clerks of Georgia and the Attorney General to conduct an investigation. Such clerks of superior court may be from any two counties in the state other than the county of the clerk of superior court under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of the state government.

(b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both clerk members by the Governor.

(b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both clerk members by the Governor.

(c) If the committee recommends the suspension of the clerk of superior court, the Governor shall be authorized to suspend the clerk of superior court for a period of up to 60 days. In any case where a clerk of superior court has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the clerk's residence to bring a removal petition against the clerk in superior court based upon the evidence reported by the committee. After the filing of such petition, a clerk of superior court is subject to being removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. In the event that the Governor determines that further investigation should be made, the Governor may then order additional investigation by the committee, the Georgia Bureau of Investigation, other law enforcement agencies of this state, or any special committee appointed by the Governor for such purpose. During any period of suspension, the clerk shall continue to hold office; however, the chief deputy clerk shall perform the duties of the clerk of superior court or, in the absence of a chief deputy clerk, an interim clerk shall be appointed as provided in paragraph (1) of subsection (b) of Code Section 15-6-53 to perform the duties of the clerk during the period of suspension.

(c) If the committee recommends the suspension of the clerk of superior court, the Governor shall be authorized to suspend the clerk of superior court for a period of up to 60 days. In any case where a clerk of superior court has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the clerk's residence to bring a removal petition against the clerk in superior court based upon the evidence reported by the committee. After the filing of such petition, a clerk of superior court is subject to being removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. In the event that the Governor determines that further investigation should be made, the Governor may then order additional investigation by the committee, the Georgia Bureau of Investigation, other law enforcement agencies of this state, or any special committee appointed by the Governor for such purpose. During any period of suspension, the clerk shall continue to hold office; however, the chief deputy clerk shall perform the duties of the clerk of superior court or, in the absence of a chief deputy clerk, an interim clerk shall be appointed as provided in paragraph (1) of subsection (b) of Code Section 15-6-53 to perform the duties of the clerk during the period of suspension.

(d) If the clerk of superior court is indicted for a felony, the provisions of Code Section 45-5-6 shall apply.

(d) If the clerk of superior court is indicted for a felony, the provisions of Code Section 45-5-6 shall apply.
O.C.G.A. § 15-12-71 — GA Code / Title 15 / Chapter 12 / Section 15-12-71
Georgia Code Title 15. Courts § 15-12-71
Status: in_force

(a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.

(a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.

(b)(1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the judge of the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is impaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is impaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable. (2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing. (3) The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80 . (4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated. (5)(A) As used in this paragraph, the term “ serious bodily injury ” means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof. (B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5 , one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another. (C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so. (D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid. (E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20 , 16-3-21 , 16-3-23.1 , and 17-4-20 .

(b)(1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the judge of the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is impaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is impaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable.

(b)(1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the judge of the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is impaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is impaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable.

(2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing.

(2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing.

(3) The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80 .

(3) The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80 .

(4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated.

(4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated.

(5)(A) As used in this paragraph, the term “ serious bodily injury ” means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof. (B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5 , one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another. (C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so. (D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid. (E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20 , 16-3-21 , 16-3-23.1 , and 17-4-20 .

(5)(A) As used in this paragraph, the term “ serious bodily injury ” means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof.

(5)(A) As used in this paragraph, the term “ serious bodily injury ” means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof.

(B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5 , one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another.

(B) The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5 , one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another.

(C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so.

(C) Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so.

(D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid.

(D) When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid.

(E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20 , 16-3-21 , 16-3-23.1 , and 17-4-20 .

(E) Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20 , 16-3-21 , 16-3-23.1 , and 17-4-20 .

(c) Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting.

(c) Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting.

(d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section.

(d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section.

(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80 . (2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident. (3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk. (4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72 . (5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71 . Such costs shall be paid before such material is provided.

(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80 .

(e)(1) If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80 .

(2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident.

(2) Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident.

(3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk.

(3) Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk.

(4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72 .

(4) If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72 .

(5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71 . Such costs shall be paid before such material is provided.

(5) Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71 . Such costs shall be paid before such material is provided.

(f) If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall not be disclosed, except as provided in Code Section 15-12-72 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment.

(f) If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall not be disclosed, except as provided in Code Section 15-12-72 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment.
O.C.G.A. § 15-5-24-1 — GA Code / Title 15 / Chapter 5 / Section 15-5-24-1
Georgia Code Title 15. Courts § 15-5-24.1
Status: in_force

(a) As used in this Code section, the term: (1) “ Board ” means the Criminal Case Data Exchange Board. (2) “ Predecessor board ” means the Criminal Case Data Exchange Board established as a board to the Criminal Justice Coordinating Council in 2018 by an Act of the General Assembly. (3) “ Reestablished board ” means the Criminal Case Data Exchange Board reestablished as an advisory board to The Council of Superior Court Clerks in 2022 by an Act of the General Assembly.

(a) As used in this Code section, the term:

(1) “ Board ” means the Criminal Case Data Exchange Board.

(1) “ Board ” means the Criminal Case Data Exchange Board.

(2) “ Predecessor board ” means the Criminal Case Data Exchange Board established as a board to the Criminal Justice Coordinating Council in 2018 by an Act of the General Assembly.

(2) “ Predecessor board ” means the Criminal Case Data Exchange Board established as a board to the Criminal Justice Coordinating Council in 2018 by an Act of the General Assembly.

(3) “ Reestablished board ” means the Criminal Case Data Exchange Board reestablished as an advisory board to The Council of Superior Court Clerks in 2022 by an Act of the General Assembly.

(3) “ Reestablished board ” means the Criminal Case Data Exchange Board reestablished as an advisory board to The Council of Superior Court Clerks in 2022 by an Act of the General Assembly.

(b) The Criminal Case Data Exchange Board is reestablished as an advisory board for the benefit of the judicial and executive branches of this state's government to facilitate the compliance efforts of the various judicial agencies, judicial subdivisions, applicable courts, applicable clerks, and applicable executive branch officers, departments, and agencies with the requirements of Code Section 35-3-36 . The board shall be attached to the Judicial Council of Georgia and its Administrative Office of the Courts for administrative purposes. The Judicial Council of Georgia shall issue uniform standards not inconsistent with the uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to this Code section.

(b) The Criminal Case Data Exchange Board is reestablished as an advisory board for the benefit of the judicial and executive branches of this state's government to facilitate the compliance efforts of the various judicial agencies, judicial subdivisions, applicable courts, applicable clerks, and applicable executive branch officers, departments, and agencies with the requirements of Code Section 35-3-36 . The board shall be attached to the Judicial Council of Georgia and its Administrative Office of the Courts for administrative purposes. The Judicial Council of Georgia shall issue uniform standards not inconsistent with the uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to this Code section.

(c)(1) The board shall consist of 19 members as follows: (A) The executive director of The Council of Superior Court Judges of Georgia; (B) The executive director of The Council of State Court Judges of Georgia; (C) The executive director of The Council of Superior Court Clerks of Georgia; (D) The executive director of the Prosecuting Attorneys' Council; (E) The chairperson of the State Board of Pardons and Paroles; (F) The commissioner of corrections; (G) The commissioner of community supervision; (H) The director of the Georgia Bureau of Investigation; (I) The director of the Office of Planning and Budget; (J) A designee of the Judicial Council of Georgia; (K) The chief information officer of the Georgia Technology Authority; (L) The executive director of the Georgia Sheriffs' Association; and (M) The executive director of the Georgia Association of Chiefs of Police, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and (2) Six members as follows: (A) One of whom is a superior court judge; (B) One of whom is a state court judge; (C) One of whom is a clerk of a superior court; (D) One of whom is a district attorney; (E) One of whom is a sheriff of a county; and (F) One of whom is a police chief of a municipality, who shall each be appointed by the Governor for a term of four years; provided, however, that any person who, as of July 1, 2023, was serving as a member of either the predecessor board or reestablished board pursuant to an appointment by the Governor or otherwise provided by law shall continue to serve as a member of the board for the remainder of the term of such appointment; and provided, further, that no person shall serve beyond the time he or she holds the position of the board by reason of which he or she was initially eligible for appointment.

(c)(1) The board shall consist of 19 members as follows: (A) The executive director of The Council of Superior Court Judges of Georgia; (B) The executive director of The Council of State Court Judges of Georgia; (C) The executive director of The Council of Superior Court Clerks of Georgia; (D) The executive director of the Prosecuting Attorneys' Council; (E) The chairperson of the State Board of Pardons and Paroles; (F) The commissioner of corrections; (G) The commissioner of community supervision; (H) The director of the Georgia Bureau of Investigation; (I) The director of the Office of Planning and Budget; (J) A designee of the Judicial Council of Georgia; (K) The chief information officer of the Georgia Technology Authority; (L) The executive director of the Georgia Sheriffs' Association; and (M) The executive director of the Georgia Association of Chiefs of Police, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and

(c)(1) The board shall consist of 19 members as follows:

(A) The executive director of The Council of Superior Court Judges of Georgia;

(A) The executive director of The Council of Superior Court Judges of Georgia;

(B) The executive director of The Council of State Court Judges of Georgia;

(B) The executive director of The Council of State Court Judges of Georgia;

(C) The executive director of The Council of Superior Court Clerks of Georgia;

(C) The executive director of The Council of Superior Court Clerks of Georgia;

(D) The executive director of the Prosecuting Attorneys' Council;

(D) The executive director of the Prosecuting Attorneys' Council;

(E) The chairperson of the State Board of Pardons and Paroles;

(E) The chairperson of the State Board of Pardons and Paroles;

(F) The commissioner of corrections;

(F) The commissioner of corrections;

(G) The commissioner of community supervision;

(G) The commissioner of community supervision;

(H) The director of the Georgia Bureau of Investigation;

(H) The director of the Georgia Bureau of Investigation;

(I) The director of the Office of Planning and Budget;

(I) The director of the Office of Planning and Budget;

(J) A designee of the Judicial Council of Georgia;

(J) A designee of the Judicial Council of Georgia;

(K) The chief information officer of the Georgia Technology Authority;

(K) The chief information officer of the Georgia Technology Authority;

(L) The executive director of the Georgia Sheriffs' Association; and

(L) The executive director of the Georgia Sheriffs' Association; and

(M) The executive director of the Georgia Association of Chiefs of Police, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and

(M) The executive director of the Georgia Association of Chiefs of Police, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and

(2) Six members as follows: (A) One of whom is a superior court judge; (B) One of whom is a state court judge; (C) One of whom is a clerk of a superior court; (D) One of whom is a district attorney; (E) One of whom is a sheriff of a county; and (F) One of whom is a police chief of a municipality, who shall each be appointed by the Governor for a term of four years; provided, however, that any person who, as of July 1, 2023, was serving as a member of either the predecessor board or reestablished board pursuant to an appointment by the Governor or otherwise provided by law shall continue to serve as a member of the board for the remainder of the term of such appointment; and provided, further, that no person shall serve beyond the time he or she holds the position of the board by reason of which he or she was initially eligible for appointment.

(2) Six members as follows:

(A) One of whom is a superior court judge;

(A) One of whom is a superior court judge;

(B) One of whom is a state court judge;

(B) One of whom is a state court judge;

(C) One of whom is a clerk of a superior court;

(C) One of whom is a clerk of a superior court;

(D) One of whom is a district attorney;

(D) One of whom is a district attorney;

(E) One of whom is a sheriff of a county; and

(E) One of whom is a sheriff of a county; and

(F) One of whom is a police chief of a municipality,

(F) One of whom is a police chief of a municipality,

who shall each be appointed by the Governor for a term of four years; provided, however, that any person who, as of July 1, 2023, was serving as a member of either the predecessor board or reestablished board pursuant to an appointment by the Governor or otherwise provided by law shall continue to serve as a member of the board for the remainder of the term of such appointment; and provided, further, that no person shall serve beyond the time he or she holds the position of the board by reason of which he or she was initially eligible for appointment.

(d) Any vacancy on the board due to death, resignation, disqualification, or removal of any member for any reason, shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term.

(d) Any vacancy on the board due to death, resignation, disqualification, or removal of any member for any reason, shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term.

(e) Membership on the board shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership on the board.

(e) Membership on the board shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership on the board.

(f) The board shall elect a chairperson from among its members and may elect such other officers and appoint committees as it considers appropriate.

(f) The board shall elect a chairperson from among its members and may elect such other officers and appoint committees as it considers appropriate.

(g) Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the Judicial Council of Georgia. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with the travel rules and regulations of this state; provided, however, that in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.

(g) Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the Judicial Council of Georgia. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with the travel rules and regulations of this state; provided, however, that in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.

(h) The board shall: (1) Meet no less than quarterly at such times and places as it shall determine necessary or convenient to perform its duties and also upon the call of the chairperson of the board, the member of the board designated by the Judicial Council of Georgia, the Chief Justice of the Supreme Court of Georgia, or the Governor; (2) Maintain minutes of its meetings; (3) Participate in the review and improvement of this state's criminal case data exchange and management system; (4) Using the combined expertise and experience of its members, provide regular advice and counsel to the Judicial Council of Georgia and its Administrative Office of the Courts to enable its members to carry out its statutory duties related to criminal case data exchange under this article; (5) Regularly review and update uniform standards for the creation and transmission of criminal history data by and between local and state criminal justice agencies, including, but not limited to, processes and procedures that criminal justice agencies shall adopt in order to provide for the transmission and acceptance of such data by and between the applicable agencies and by the Georgia Crime Information Center. Such data shall include arrests; indictments, accusations, information, and other formal charges; and final dispositions arising therefrom, including, but not limited to, convictions. This paragraph shall not be construed to override, supplant, or preclude any uniform standards promulgated by the reestablished board; (6) By October 1 of each year, prepare a report on the board's progress in developing uniform standards pursuant to paragraph (5) of this subsection. Such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-Civil, the chairs of the Senate Appropriations Committee and the House Committee on Appropriations, and to the Governor, Lieutenant Governor, Speaker of the House, and Chief Justice of the Supreme Court of Georgia no later than October 10 of each year; (7) Make recommendations for the improvement of criminal history data sharing for the benefit of the public, employers, and law enforcement; (8) Carry out such duties as may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for criminal case data exchange and management; (9) After conducting a comprehensive review of automated victim notification systems, make recommendations as the board deems necessary on the adoption, development, and use of an automated system that provides for individualized notification to victims of certain occurrences in each case involving the victim, including, but not limited to, occurrences of arrest, pretrial release, court hearings, and sentencing. Such system shall also be able to reconcile individuals' criminal data at all steps of the data exchange process. Any such recommendations and accompanying reports shall be transmitted to all members of the board. Nothing in this Code section shall be construed to limit or otherwise prevent criminal justice agencies from improving the organization of their respective data or developing and implementing, individually or collectively, an automated victim notification system for crime victims in this state; and (10) By December 1, 2024, review, in coordination with experts in the field of criminal justice, the feasibility of a system for tracking and analyzing criminal history data related to recidivism, criminal plea agreements, immunity defenses in criminal proceedings, and post-adjudication proceedings. Such review of criminal plea agreements shall include the feasibility of tracking charges pertaining to human trafficking and whether those charges resulted in convictions or resulted in pleas of lesser or related charges. The board, in determining the feasibility of such system, shall prepare a report detailing its review, findings, and any recommendations and such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-civil, and to the Governor, Lieutenant Governor, Senate President Pro Tempore, Speaker of the House, and Chief Justice of the Supreme Court of Georgia.

(h) The board shall:

(1) Meet no less than quarterly at such times and places as it shall determine necessary or convenient to perform its duties and also upon the call of the chairperson of the board, the member of the board designated by the Judicial Council of Georgia, the Chief Justice of the Supreme Court of Georgia, or the Governor;

(1) Meet no less than quarterly at such times and places as it shall determine necessary or convenient to perform its duties and also upon the call of the chairperson of the board, the member of the board designated by the Judicial Council of Georgia, the Chief Justice of the Supreme Court of Georgia, or the Governor;

(2) Maintain minutes of its meetings;

(2) Maintain minutes of its meetings;

(3) Participate in the review and improvement of this state's criminal case data exchange and management system;

(3) Participate in the review and improvement of this state's criminal case data exchange and management system;

(4) Using the combined expertise and experience of its members, provide regular advice and counsel to the Judicial Council of Georgia and its Administrative Office of the Courts to enable its members to carry out its statutory duties related to criminal case data exchange under this article;

(4) Using the combined expertise and experience of its members, provide regular advice and counsel to the Judicial Council of Georgia and its Administrative Office of the Courts to enable its members to carry out its statutory duties related to criminal case data exchange under this article;

(5) Regularly review and update uniform standards for the creation and transmission of criminal history data by and between local and state criminal justice agencies, including, but not limited to, processes and procedures that criminal justice agencies shall adopt in order to provide for the transmission and acceptance of such data by and between the applicable agencies and by the Georgia Crime Information Center. Such data shall include arrests; indictments, accusations, information, and other formal charges; and final dispositions arising therefrom, including, but not limited to, convictions. This paragraph shall not be construed to override, supplant, or preclude any uniform standards promulgated by the reestablished board;

(5) Regularly review and update uniform standards for the creation and transmission of criminal history data by and between local and state criminal justice agencies, including, but not limited to, processes and procedures that criminal justice agencies shall adopt in order to provide for the transmission and acceptance of such data by and between the applicable agencies and by the Georgia Crime Information Center. Such data shall include arrests; indictments, accusations, information, and other formal charges; and final dispositions arising therefrom, including, but not limited to, convictions. This paragraph shall not be construed to override, supplant, or preclude any uniform standards promulgated by the reestablished board;

(6) By October 1 of each year, prepare a report on the board's progress in developing uniform standards pursuant to paragraph (5) of this subsection. Such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-Civil, the chairs of the Senate Appropriations Committee and the House Committee on Appropriations, and to the Governor, Lieutenant Governor, Speaker of the House, and Chief Justice of the Supreme Court of Georgia no later than October 10 of each year;

(6) By October 1 of each year, prepare a report on the board's progress in developing uniform standards pursuant to paragraph (5) of this subsection. Such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-Civil, the chairs of the Senate Appropriations Committee and the House Committee on Appropriations, and to the Governor, Lieutenant Governor, Speaker of the House, and Chief Justice of the Supreme Court of Georgia no later than October 10 of each year;

(7) Make recommendations for the improvement of criminal history data sharing for the benefit of the public, employers, and law enforcement;

(7) Make recommendations for the improvement of criminal history data sharing for the benefit of the public, employers, and law enforcement;

(8) Carry out such duties as may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for criminal case data exchange and management;

(8) Carry out such duties as may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for criminal case data exchange and management;

(9) After conducting a comprehensive review of automated victim notification systems, make recommendations as the board deems necessary on the adoption, development, and use of an automated system that provides for individualized notification to victims of certain occurrences in each case involving the victim, including, but not limited to, occurrences of arrest, pretrial release, court hearings, and sentencing. Such system shall also be able to reconcile individuals' criminal data at all steps of the data exchange process. Any such recommendations and accompanying reports shall be transmitted to all members of the board. Nothing in this Code section shall be construed to limit or otherwise prevent criminal justice agencies from improving the organization of their respective data or developing and implementing, individually or collectively, an automated victim notification system for crime victims in this state; and

(9) After conducting a comprehensive review of automated victim notification systems, make recommendations as the board deems necessary on the adoption, development, and use of an automated system that provides for individualized notification to victims of certain occurrences in each case involving the victim, including, but not limited to, occurrences of arrest, pretrial release, court hearings, and sentencing. Such system shall also be able to reconcile individuals' criminal data at all steps of the data exchange process. Any such recommendations and accompanying reports shall be transmitted to all members of the board. Nothing in this Code section shall be construed to limit or otherwise prevent criminal justice agencies from improving the organization of their respective data or developing and implementing, individually or collectively, an automated victim notification system for crime victims in this state; and

(10) By December 1, 2024, review, in coordination with experts in the field of criminal justice, the feasibility of a system for tracking and analyzing criminal history data related to recidivism, criminal plea agreements, immunity defenses in criminal proceedings, and post-adjudication proceedings. Such review of criminal plea agreements shall include the feasibility of tracking charges pertaining to human trafficking and whether those charges resulted in convictions or resulted in pleas of lesser or related charges. The board, in determining the feasibility of such system, shall prepare a report detailing its review, findings, and any recommendations and such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-civil, and to the Governor, Lieutenant Governor, Senate President Pro Tempore, Speaker of the House, and Chief Justice of the Supreme Court of Georgia.

(10) By December 1, 2024, review, in coordination with experts in the field of criminal justice, the feasibility of a system for tracking and analyzing criminal history data related to recidivism, criminal plea agreements, immunity defenses in criminal proceedings, and post-adjudication proceedings. Such review of criminal plea agreements shall include the feasibility of tracking charges pertaining to human trafficking and whether those charges resulted in convictions or resulted in pleas of lesser or related charges. The board, in determining the feasibility of such system, shall prepare a report detailing its review, findings, and any recommendations and such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee, the House Committee on Judiciary, and the House Committee on Judiciary Non-civil, and to the Governor, Lieutenant Governor, Senate President Pro Tempore, Speaker of the House, and Chief Justice of the Supreme Court of Georgia.

(i) Public access to data collected or transmitted via the criminal case information exchange shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the Georgia Technology Authority.

(i) Public access to data collected or transmitted via the criminal case information exchange shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the Georgia Technology Authority.
O.C.G.A. § 15-18-91 — GA Code / Title 15 / Chapter 18 / Section 15-18-91
Georgia Code Title 15. Courts § 15-18-91
Status: in_force

(a) Subject to the provisions of this article, the governing authority of a municipality shall be authorized to create the office of prosecuting attorney of the municipal court. A copy of the resolution or ordinance creating the office of prosecuting attorney of the municipal court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.

(a) Subject to the provisions of this article, the governing authority of a municipality shall be authorized to create the office of prosecuting attorney of the municipal court. A copy of the resolution or ordinance creating the office of prosecuting attorney of the municipal court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.

(b) It shall be the duty of the municipal court clerk, or such other person designated by the governing authority of a municipality, to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a municipal court within 30 days of such appointment.

(b) It shall be the duty of the municipal court clerk, or such other person designated by the governing authority of a municipality, to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a municipal court within 30 days of such appointment.

(c) Unless otherwise provided by the charter of such municipality or other local law, the prosecuting attorney of the municipal court shall serve a term of office to be determined by the governing authority of such municipality.

(c) Unless otherwise provided by the charter of such municipality or other local law, the prosecuting attorney of the municipal court shall serve a term of office to be determined by the governing authority of such municipality.

(d) The governing authority of a municipality shall also be authorized to contract with the district attorney of the judicial circuit in which such municipality is located or the solicitor-general of the state court of the county in which such municipality is located for such officer to perform the duties of the prosecuting attorney in such municipal court. Any district attorney or solicitor-general entering into any such contract may assign such other members of his or her staff to prosecute in the municipal court.

(d) The governing authority of a municipality shall also be authorized to contract with the district attorney of the judicial circuit in which such municipality is located or the solicitor-general of the state court of the county in which such municipality is located for such officer to perform the duties of the prosecuting attorney in such municipal court. Any district attorney or solicitor-general entering into any such contract may assign such other members of his or her staff to prosecute in the municipal court.
O.C.G.A. § 15-6-99 — GA Code / Title 15 / Chapter 6 / Section 15-6-99
Georgia Code Title 15. Courts § 15-6-99
Status: in_force

(a) The Georgia Superior Court Clerks' Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in Code Section 15-6-97 . The number of prior year indexes to be re-created shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index.

(a) The Georgia Superior Court Clerks' Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in Code Section 15-6-97 . The number of prior year indexes to be re-created shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index.

(b) Re-creation of such grantor and grantee indexes shall be accomplished by using only the existing index in each county and the information shown in such indexes. No other sources of information shall be reviewed.

(b) Re-creation of such grantor and grantee indexes shall be accomplished by using only the existing index in each county and the information shown in such indexes. No other sources of information shall be reviewed.

(c) The re-created indexes shall be in the format and file structure as designed and adopted by the Georgia Superior Court Clerks' Cooperative Authority for the state-wide uniform automated information system. The re-created indexes shall contain only the information from the existing county indexes which is applicable to and complies with such format and file structure for the state-wide uniform automated information system.

(c) The re-created indexes shall be in the format and file structure as designed and adopted by the Georgia Superior Court Clerks' Cooperative Authority for the state-wide uniform automated information system. The re-created indexes shall contain only the information from the existing county indexes which is applicable to and complies with such format and file structure for the state-wide uniform automated information system.

(d) Re-creation of such indexes shall include conforming the indexing of grantor and grantee names, as determined by the Georgia Superior Court Clerks' Cooperative Authority, to be in a consistent and standard manner for the state-wide uniform automated information system. A conversion summary of such names being conformed on a county by county basis shall be maintained by the authority, and a copy of such summary shall be furnished for information purposes only to each county with the re-created county index.

(d) Re-creation of such indexes shall include conforming the indexing of grantor and grantee names, as determined by the Georgia Superior Court Clerks' Cooperative Authority, to be in a consistent and standard manner for the state-wide uniform automated information system. A conversion summary of such names being conformed on a county by county basis shall be maintained by the authority, and a copy of such summary shall be furnished for information purposes only to each county with the re-created county index.

(e) The original county indexes shall not be altered or changed in any manner or by any process as a result of the re-creation of any grantor and grantee index, and such re-created index shall be clearly and distinctly labeled to identify it separately from the original county index. Any re-created index shall not replace the original county index as such index was originally recorded by the clerk of the superior court for any point in time.

(e) The original county indexes shall not be altered or changed in any manner or by any process as a result of the re-creation of any grantor and grantee index, and such re-created index shall be clearly and distinctly labeled to identify it separately from the original county index. Any re-created index shall not replace the original county index as such index was originally recorded by the clerk of the superior court for any point in time.

(f) A clerk of the superior court, the Georgia Superior Court Clerks' Cooperative Authority, or an authorized agent of the authority shall not suffer any liability as a result of the required cooperation authorized and provided for between the parties by this Code section.

(f) A clerk of the superior court, the Georgia Superior Court Clerks' Cooperative Authority, or an authorized agent of the authority shall not suffer any liability as a result of the required cooperation authorized and provided for between the parties by this Code section.