Below is Fulton County’s Order Declaring a Judicial Emergency. If you have questions or concerns about your case or situation, please call or email us today.
ORDER DECLARING JUDICIAL EMERGENCY
WHEREAS, IT HAS BEEN DETERMINED that a Judicial Emergency exists in Fulton
County, Georgia affecting all courts 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 Christopher S.
Brasher of the Superior Court of Fulton County, Atlanta Judicial Circuit DOES HEREBY
ORDER AND DECLARE the existence of a Judicial Emergency in the Atlanta Judicial Circuit.
The nature of this emergency is the continued transmission of Coronavirus/COVID-19
throughout Fulton 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 Fulton 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. Furthermore, no non-essential matters shall be heard by the courts during this 30-day
time period, unless they can be conducted via video or teleconferencing. Parties or attorneys in
any non-essential matters should 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 Fulton County shall post this Order on his public
notification site and in the courthouses;
IT IS FURTHER ORDERED that the undersigned shall immediately notify and serve
Chief Justice Harold D. Melton of the Supreme Court with a copy of this Order, such service to
be accomplished through reasonable means to assure expeditious receipt;
IT IS FURTHER ORDERED 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 on 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 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.
CHRISTOPHERS. BRASHER, Chief Judge Fulton County Superior Court Atlanta Judicial Circuit