More Categories

Rule 45 – Court Security and Emergency Operations

May 11, 2021 | Civil Procedure, Georgia

Courts within a judicial circuit shall prepare for emergencies by developing both a security plan to address the safety of the public and employees and a judicial emergency operations plan to provide for an immediate response to any type of crisis and provide for continuity of operations during such crisis.

(A) Courthouse Security Plan. The Sheriff, in consultation with the Chief Judge of the Superior Court of the circuit, shall develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. A comprehensive plan for courthouse security shall be considered a confidential matter of public security and shall not be disseminated except as in accordance with OCGA § 15-16-10(a)(10). The plan shall be reviewed and updated annually, and employees shall be educated annually on their role, if any, in said plan.
(B) Emergency Operations Plan. The Chief Judge, or his/her designee, shall develop and implement an Emergency Operations Plan for each county courthouse and/or courthouse annex in the jurisdiction. The plan shall at a minimum, include:

(1) A method for collecting and maintaining contact information for all employees to be utilized during an emergency;
(2) Identification of relocation sites and provisions for preparing such sites;
(3) Identification of essential activities and functions to be performed;
(4) Identification of employees designated to perform essential activities and method for training of said employees at least annually;
(5) A person designated to provide information to the public and the press, during and immediately following an emergency;
(6) Identification of vital records and equipment and provisions for their protection or back-up.

The Council of Superior Court Judges shall maintain and make available materials to assist Chief Judges in complying with this rule.

(C) Judicial Operations Emergency Order. Pursuant to OCGA § 38-3-60 et seq., upon his/her own motion or after consideration of a request from another judge or court official, the Chief Judge of the circuit experiencing an emergency or disruption in operations may issue an order authorizing relief from time deadlines imposed by statutes, rules, regulations, or court orders until the restoration of normal court operations or as specified.

The emergency order may also designate one or more facilities as temporary courthouses that shall be suitable for court business and located as near as possible to the county seat.

The order shall contain (1) the identity and position of the judge, (2) the date, time, and place executed, (3) the jurisdiction affected, (4) the nature of the emergency, (5) the period of duration, and (6) other information relevant to the suspension or restoration of court operations. The duration of a court emergency order is limited to a maximum of 30 days. The order may only be extended twice by the issuing judge for additional 30-day periods, and any extension must contain the information required in the original order.

Ga. R. Sup. Ct. 45

Amended March 7, 2018, effective March 22, 2018.