Judicial Emergency to be Extended
The statewide judicial emergency put in place due to the Coronavirus will be extended a second time, this time through June 12th.
Georgia Supreme Court Chief Justice Harold Melton made the announcement Monday morning as the expiration date of the current declaration – May 13 – approached.
According to Law.com:
Melton’s new order will continue the suspension of all criminal and civil jury trials through June 12 and also bars courts from summoning and impaneling new trial and grand juries. He said the suspensions are necessary because of the need for recommended social distancing and to protect the health of large groups of people who are typically assembled in response to jury summonses.
Melton said he was extending the state judicial emergency because, “The courts are different from most private establishments and public places in that we compel people to attend court proceedings, and that requires us to be extra cautious.”
This is very problematic for anyone in need of any type of document, especially in rural areas where records have not been made available online.
Melton will sign the official order later this week, but in the mean time, courts will continue to conduct essential services and use technology to conduct remote proceedings.
GeorgiaCarry.org took to social media after the announcement by Melton Monday, blasting Governor Kemp for the continued refusal to deem Weapons Carry Licenses ‘essential services’ in the state. The group lost a lawsuit last month after a judge refused to suspend a Georgia law that requires people to have a license to carry a handgun.
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Jessica Szilagyi
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Why don’t those folks load up their M4s and ARs and roll on down to the capitol this week, show Kemp what tactical really means?
At least they can still buy all the ammo they want. Is the sales tax exemption still on for the fourth? MAGA.
I looked around and found that weapons carry licenses due to expire are deemed valid for 60 days after normal expiration and that after the emergency order of the state Supreme Court ends May 13, normal renewal and issuance of new licenses will resume.
I have no doubt if the emergency order is extended so will the grace period that licenses are valid. The only people truly affected are those who want to get a carry permit for their new weapon. They’ll just have to suck it up like the rest of it. GeorgiaCarry should check the definition of emergency and the role of courts in governing.
I am certain that the expiration dates will be “tolled”, meaning that anything that would otherwise expire during the judicial emergencies will not expire until the end of the emergency. It is an administrative matter and covered under the Order, with an excerpt copied below. But there will be a backlog. But also. the grace period will also exist, and if necessary, there will be another Order to accommodate problems. Folks trying to get new licenses? I actually believe the Order covers this as well, as it would be a “filing requirement” for a statute, and for an administrative matter. But I can see where there could be anxiety about the process, if not confusion. Nevertheless, we should note that this is not about new firearms for existing licensees, but new licensees. I believe it’s also correct to say that you can still buy and own firearms pretty easily, and keep in your home or car without a license. I don’t have any personal knowledge of that, but if incorrect, please do correct me. So, all we’re really talking about is brand new would-be licensees carrying while walking around in public places. That is a significant difference than the all-out denial of rights claimed by GeorgiaCarry. And of course, most public places are notably less utilized at the moment ( and less so during the full stay-at-home order period). Still, in the event that the Order needs clarification, I think this will get sorted out by some joint declaration that issuing new carry permits is an essential function. Renewals may still be put on hold in order to reduce administrative burden. The excerpt from the original judicial order that got extended:
“Pursuant to OCGA § 38-3-62, during the period of this Order, the undersigned hereby suspends, tolls, extends, and otherwise grants 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 cases or administrative matters…”