Georgia

2. Will the court give priority to the pleading?

The Act does not specifically require a court to give priority to litigation to enforce the Act, but expedited treatment may be sought and is often afforded depending upon the facts of the case.

F. Suggested resources on courts in the jurisdiction

Overview

Georgia

Supreme Court of Georgia opinions and dockets are available at www.gasupreme.us. Appeal court dockets and opinions can be found at www.gaappeals.us. Information on lower courts and judicial districts is available at www.georgiacourts.org/courts/.

(2). To whom notice is given.

The legal organ for the county must be notified. O.C.G.A. § 50-14-1(d). In counties where the legal organ is published less than four times a week, due notice also requires that notice be given to any local media outlet making a written request to be so notified. O.C.G.A. § 50-14-1(d). They must be notified at least 24 hours in advance of the called meeting. O.C.G.A. § 50-14-1(d).

B. Pretrial proceedings

Overview

Georgia

It is well established in Georgia that the public enjoys a clear and routine right of access to pretrial criminal proceedings. The Supreme Court of Georgia has emphasized that the importance of openness in judicial proceedings applies with equal force to pretrial hearings finding that it “is often the most critical stage of a criminal proceedings,” regardless of whether such proceedings and records will bring to light potentially inadmissible evidence. R.W. Page Corp. v. Lumpkin, 249 Ga.

3. Fee issues.

(This section is blank. See the point above.)

3. Filing of affidavit

Georgia law does not require the filing of an affidavit prior to issuing a subpoena to a reporter.

1. Rules for active investigations.

Initial incident reports are subject to immediate disclosure.  O.C.G.A. 50-18-72(a)(4).  Pending investigation records are exempted from disclosure.  Ibid.

Title page/author info

Peter C. Canfield, Esq.
Thomas M. Clyde, Esq.
Dow, Lohnes PLLC
Six Concourse Parkway
Suite 1800
Atlanta, Georgia 30328-6117
(770) 901-8800

3. Contact of interested amici.

The Reporters Committee for Freedom of the Press files amicus briefs in important cases before the state's highest courts, as does the Georgia First Amendment Foundation, the Georgia Press Association, and various media entities in the state.

(6). Penalties and remedies for failure to give adequate notice.

Anyone who "knowingly and willfully" conducts or participates in a meeting without complying with every part of the Act is guilty of a misdemeanor punishable by a $500 fine. O.C.G.A. § 50-14-6. Failure to give adequate notice can result in the invalidation of the proceedings, the issuance of legal injunctions, and the requirement to pay the objecting party's legal costs. See Slaughter v. Brown, 269 Ga. App.