GA Code § 15-6-18 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 6 - Superior Courts|Article 1 - General Provisions|§ 15-6-18. Alternative Locations; Conditions and Limitations; Force and Effect as if Done at Regular Courthouse

  Except as provided in subsection (b) of this Code section, if for any cause it shall be impracticable to hold any session of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold such court at an alternative facility that the governing authority of the county or counties for such county or circuit, by appropriate resolution, deem would be in the best interest of the public with considerations for transportation burden being paramount; provided, however, that:   No such court may be held at any place that is outside the county or an adjoining county or that is not open to and accessible by the public, including, but not limited to, members of the public who:   Have a physical or mental impairment that substantially limits one or more major life activities;   Have a record of such an impairment; or   Are regarded as having such an impairment; and     Criminal jury trials may be conducted in alternative locations so long as the governing authority owns the facility or has a contractual relationship with such alternative location for such use.       This subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:   The chief judge of superior court enters a written order for such session of superior court to be so held outside the county site, and such order shall incorporate a written finding that it is impracticable for the session of court to be held at the county site;   A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court;   The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and   Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court.     In each county of this state where the county site is located in an unincorporated area of the county and the governing authority of such county determines by appropriate resolution that the best interest of the citizens of such county would be served by the construction of a courthouse annex or satellite courthouse outside the county site, it shall be lawful to hold any session of superior or state court or grand jury and to conduct all other related business of the courts at such annex or satellite courthouse.     All acts of a superior court or state court done at a place provided by this Code section, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17.     (Code 1981, §15-6-18, enacted by Ga. L. 2021, p. 423, § 2-1/HB 635.)   Editor's notes.   - Former Code Section 15-6-18, pertained to alternative locations, was based on Ga. L. 1896, p. 50, §§ 1, 2; Civil Code 1910, §§ 4840, 4841; Code 1933, §§ 24-3003, 24-3004; Ga. L. 1988, p. 259, § 1; Ga. L. 1994, p. 1052, § 2; Ga. L. 1998, p. 1159, § 2; Ga. L. 2012, p. 993, § 1/SB 50, and was repealed by Ga. L. 2021, p. 423, § 2-1/HB 635, effective May 4, 2021.   Law reviews.   - For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).   JUDICIAL DECISIONS   Consent required to conduct criminal jury trial in alternate or additional facility.    - Because former O.C.G.A. § 15-6-18(c)(1) expressly stateed that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused, the plain language of former § 15-6-18(c)(1) required that the accused's consent be obtained in order to conduct a criminal jury trial in an alternate or additional facility; while nothing in former § 15-6-18(c)(1) required that the accused's consent be in writing, in order for the appellate courts to verify that the state had complied with this statutory mandate, an accused's consent to having his or her criminal jury trial conducted in an alternate or additional facility must be established by the record. Purvis v. State, 288 Ga. 865, 708 S.E.2d 283 (2011).   Failure to obtain defendant's consent not reversible error.    - Although the supreme court found that the trial court violated former O.C.G.A. § 15-6-18(c)(1) by holding the defendant's trial at a location other than the county courthouse without the defendant's consent, the error did not constitute reversible error because the defendant failed to allege harm or attempt to support a finding of such by evidence. Goodman v. State, 293 Ga. 80, 742 S.E.2d 719 (2013).   Validity of decisions at locations other than courthouse.    - This section contemplated that cases tried at places other than at courthouse shall be valid. Davis v. State, 240 Ga. 763, 243 S.E.2d 12 (1978), cert. denied, 459 U.S. 1010, 103 S. Ct. 189, 74 L. Ed. 2d 153 (1982); Pittman v. State, 196 Ga. App. 864, 397 S.E.2d 302 (1990).   Waiver of error in holding trial at unauthorized location.    - If trial held at unauthorized location, presence of counsel does not waive error. Bankers' Health & Life Ins. Co. v. James, 45 Ga. App. 346, 164 S.E. 684 (1932).    Defendant's failure to object at trial to the propriety of holding trial in city hall rather than in superior court building barred the defendant from raising the issue for the first time on appeal. Jefferson v. State, 196 Ga. App. 770, 397 S.E.2d 129 (1990).    Grand jury is but an arm of superior court which sits within the county. Gates v. State, 73 Ga. App. 824, 38 S.E.2d 311 (1946).   Criminal trial held in county jail.    - It was improper to hold the defendant's trial at a county jail because no consent was obtained from the defendant for conducting the criminal jury trial in a courtroom located inside the county jail, i.e., an alternate or additional facility under former O.C.G.A. § 15-6-18(c)(1); Drake v. State, 231 Ga. App. 776 (1998), is also overruled. Purvis v. State, 288 Ga. 865, 708 S.E.2d 283 (2011).   No harm shown.    - Although there was no record that the County Board of Commissioners authorized moving defendant's trial to a courthouse in a different county, there was no evidence that the conduct of the trial was negatively impacted. Dubose v. State, 294 Ga. 579, 755 S.E.2d 174 (2014).    Cited in Cook v. State, 119 Ga. 108, 46 S.E. 64 (1903); Cadle v. State, 101 Ga. App. 175, 113 S.E.2d 180 (1960); Pruitt v. State, 123 Ga. App. 659, 182 S.E.2d 142 (1971).   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Courts, § 16 et seq.   C.J.S.   - 21 C.J.S., Courts, § 151 et seq.