We want to continue to keep you updated on the status of the Courts during the Covid-19 Pandemic. Below is the Order declaring a Judicial Emergency from DeKalb County’s Chief Judge. Keep checking back here for updates and our Shewmaker & Lewis facebook page. If you have a question about your specific case or situation, please give us a call or email us.
ORDER DECLARING JUDICIAL EMERGENCY
WHEREAS, IT HAS BEEN DETERMINED that a Judicial Emergency exists in DeKalb County, Georgia affecting ALL COURTS, including courts located in cities and municipalities within DeKalb County, such that there is a serious health emergency
pursuant to O.C.G.A. § 38-3-60(2)(D). See O.C.G.A. § 38-3-60(2)(D) (providing that ”Judicial Emergency” means ”[s]uch other serious emergency”). WHEREAS, IT HAS BEEN DETERMINED that the Judicial Emergency substantially endangers or infringes upon the normal functioning of the judicial system . as it relates to jury service, including grand jury service, and any non—essential matters,
unless they can be conducted via video or teleconferencing. Therefore, pursuant to O.C.G.A. § 38-3-61, The Honorable Chief Judge Asha F. Jackson of the Superior Court of DeKalb County, Stone Mountain Judicial Circuit DOES HEREBY ORDER AND DECLARE the existence of a Judicial Emergency in the Stone Mountain Judicial Circuit. The nature of this emergency is the continued transmission 0f Coronavirus/COVID—19 throughout DeKalb County and the potential infection of those who are required to appear in our courts and interact with large groups due to jury service, including grand jury service, or other large, non-essential calendars.
Thus, the undersigned hereby makes this declaration of a judicial emergency affecting all courts and clerk’s offices in DeKalb County as it relates to jury service, including grand jury service, and any non-essential matters, unless they can be
conducted Via video or teleconferencing. Accordingly, IT IS THE ORDER of the Court that: No jurors or grand jurors shall report and no jury trials shall be held for a period of thirty (30) days from the date of the entry of this Order; and Furthermore, no non-essential matters shall be heard by the courts during this thirty (30) day time period, unless they can be conducted via video or teleconferencing. Parties and/or attorneys in any non-essential
matters should directly contact the chambers of the judge assigned to their case if they have any questions and/or need to ensure their compliance
with this Order.
Pursuant to O.C.G.A. § 38-3—62, during the period of this Order, the Court hereby suspends, tolls, extends, and otherwise grants relief from all deadlines, including, but not limited to: (1) a statute of limitation; (2) the time within which to try a case for Which a demand for speedy trial has been filed; (3) the time within which to hold a commitment hearing; (4) the time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury; and/or (5) such other legal proceedings as determined to be necessary, including calendars involving large numbers of litigants, lawyers, or other persons.
Should the state of emergency extend beyond the period indicated above or should the nature of the emergency otherwise require modification by the Court, the Court will make a determination of available alternative remedies for the conduct of court business, as necessary, and a corresponding Order will be entered and distributed in accordance with Georgia law.
Pursuant to O.C.G.A. § 38-3-63: IT IS ORDERED that the Sheriff of DeKalb County shall post this Order on her public notification site and in the courthouses; IT IS FURTHERORDERED that the undersigned shall immediately notify and serve Chief Justice Harold D. Melton 0f the Supreme Court with a copy of this Order, such service to be accomplished through reasonable means to assure expeditious
receipt; IT IS FURTHERORDERED that the undersigned shall immediately notify and serve a copy of the order on the judges and clerks of all courts sitting within the jurisdictions affected and 0n the clerks of the Georgia Court of Appeals and the Georgia Supreme Court, such service to be accomplished through reasonable means to assure expeditious receipt; and
IT IS FURTHER ORDERED that the undersigned shall give notice of the issuance of this Order to the affected parties, counsel for the affected parties, and the public.
IT IS SO ORDERED this 13th day of March, 2020
THE HON. ASHA F. JACKSON Chief Judge DeKalb County Superior Court