Statewide Judicial Emergency Extended

The Chief Justice has extended the Statewide Judicial Emergency Order until Thursday, September 10, 2020.

Recognizing again that most in-court proceedings compel the attendance of various individuals rather than allowing them to decide how best to protect their own health, and further recognizing that the novel coronavirus continues to spread in Georgia, it is hereby determined that the order should be extended again.

As previously, jury trial and most grand jury proceedings are still prohibited.

Chief Justice Harold Melton stated that “this broad prohibition cannot last too much longer, even if the pandemic continues, because the judicial system, and the criminal justice system, in particular, must have some capacity to resolve cases by indictment and trial. Accordingly, the COVID-19 Task Force is focusing on how grand jury and jury trial proceedings could safely be conducted even where levels of COVID-19 are high, including the possibility of conducting grand jury proceedings and jury selection remotely.”

Under state law, the Chief Justice is authorized to extend the emergency in 30-day increments, the order is extended until Thursday, September 10, at 11:59 p.m. The provisions of today’s order are identical to the July 10 extension that expires later today, with a few minor revisions. “As has been the direction since the original Order, all Georgia courts must continue to conduct proceedings, remotely or in-person, in compliance with public health guidance, applicable statutes, and court rules, and the requirements of the United States and Georgia Constitutions, including the public’s right of access to judicial proceedings and a criminal defendant’s rights to confrontation and an open courtroom,” the order says.

All courts should continue to use and increase the use of technology to conduct remote judicial proceedings as a safer alternative to in-person proceedings unless required by law to be in person or unless it is not practicable for technical or other reasons for persons participating in the proceeding to participate remotely.