Georgia Chief Justice Melton issues judicial order
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by Robin Kemp
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EDITOR’S NOTE: The amended judicial emergency order did not add court functions, as previously reported. Although the News received a copy of the amended order on March 16, it had been issued after the original order on March 14 to include language granting relief from “any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal case or administrative matters, including but not limited to any” of 11 types of proceedings. Those functions were in place at the time of the original order and had not been suspended. The News regrets the error.
ATLANTA—The coronavirus crisis forced Georgia Supreme Court Chief Justice Harold Melton to declare a statewide judicial emergency, impacting all courts in Clayton County, that was amended March 16 to allow for limited court functions and for jury trials already in progress prior to the emergency to continue to completion during the coronavirus crisis.
In particular, the revised order made provisions for juvenile and mental health proceedings, as well as for basic magistrate court functions like first appearances and issuing arrest warrants. Criminal cases already in progress may resume at judges’ discretion.
The Statewide Judicial Emergency “shall terminate on April 13, 2020, at 11:59 p.m., unless otherwise extended,” according to the order. Should the emergency be extended, or modified, “a determination of available alternate remedies for the conduct of court business will be made as necessary” under another judicial order.
“To the extent feasible, courts should remain open to address essential functions, and in particular courts should give priority to matters necessary to protect health, safety, and liberty of individuals,” Melton wrote. “Essential functions are subject to interpretation; however, some matters that fall into the essential function category are: (1) where an immediate liberty or safety concern is present requiring the attention of the court as soon as the court is available; (2) criminal court search warrants, arrest warrants, initial appearances, and bond reviews; (3) domestic abuse temporary protective orders and restraining orders; (4) juvenile court delinquency detention hearings and emergency removal matters; and (5) mental health commitment hearings.
“In addition, trials in any criminal case for which a jury has been empaneled and the trial has commenced as of the date of this order shall continue to conclusion, unless good cause exists to suspend the trial or declare a mistrial. The decision whether to suspend a criminal trial or declare a mistrial rests with the judge presiding over the case.”
Melton added, “To the extent court proceedings are held, they should be done in a manner to limit the risk of exposure, such as by video conferencing, where possible.”
Read the full amended order here.
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