Georgia

6. Amicus briefs

Georgia's trial and appellate courts do generally accept amicus briefs. See generally Georgia Supreme Court Rule 23; Georgia Court of Appeals Rule 25.

State organizations that regularly oppose the issuance of subpoenas to reporters include:

Georgia Press Association

3066 Mercer University Drive

Suite 200

Atlanta, Georgia 30341

(770) 454-6776

Georgia First Amendment Foundation

150 E. Ponce de Leon Avenue

Suite 350

Decatur, Georgia 30030-2588

(404) 525-3646

ACLU of Georgia

12. Sex offender records.

Sex offender records are not exempt from disclosure.  In fact, the Georgia Bureau of Investigation maintains an online sex offender registry.

E. Who enforces the act?

The superior courts of the state have jurisdiction to entertain actions for enforcement of the Act and to assess civil and criminal penalties for noncompliance. O.C.G.A. § 50-17-73(a), (b). These actions may be brought by any person or entity, or by the Attorney General, in his or her discretion. O.C.G.A. § 50-17-73(b).

A. Access to voir dire

Overview

Georgia

The commitment to open voir dire is well-settled under Georgia law. See Presley v. Georgia, 130 S. Ct. 721 (2010).

E. Sexual assault issues

Overview

Georgia

State courts in Georgia have found that in child molestation cases closing the court to protect a young victim, while they testify, is justified where closure is essential to preserve higher values and is narrowly tailored to serve that interest. See Goldstein v. State, 283 Ga. App. 1 (2006) (holding that although there is a strong presumption of openness, the trial court’s partial closure to protect the young victim was justified.); Mullis v. State, 292 Ga. App. 218 (Ga. Ct. App.

1. Character of exemptions.

(This section is blank. See the subpoints below.)

1. Is the privilege waivable at all?

Under settled Georgia law, the privilege belongs to the reporter. See, e.g., In re Paul, 270 Ga. 680, 686 (Ga. 1999) ("The reporter's privilege belongs to the person engaged in the gathering and dissemination of news."). The privilege can be waived by a reporter, but Georgia law is generally hostile to claims of unintentional waiver. See, e.g., Kennestone Hosp. v. Hopson, 273 Ga. 145 (2000).

1. Birth certificates.

Access to Georgia birth certificates is limited to the person listed on the certificate and certain relatives.  O.C.G.A. 31-10-25.

III. STATE LAW ON ELECTRONIC RECORDS

The Act specifically requires "computer based or generated information" to be disclosed according to the same guidelines as more traditional documents. O.C.G.A. § 50-18-70(a). In addition, at the request of a party seeking records maintained by computer, an agency is, where practicable, to make those records available by electronic means, including the Internet. O.C.G.A. § 50-18-70(g).

F. Liveblogging and Twittering

Overview

Georgia

No specific case law or Georgia statute deals with liveblogging or twittering from Georgia state courts.