Chief Judge Extends Judicial Emergency in the Superior Court of Cobb County

August 28, 2024 – Chief Judge A. Gregory Poole of the Cobb Judicial Circuit extended the Judicial Emergency within the Superior Court of Cobb County for 30 days. The Judicial Emergency will now expire on October 6, 2024. While the situation in the Clerk’s Office regarding document availability has improved, a significant backlog remains. Some documents dating as far back as November 2023 remain unindexed. 

The Superior Court Clerk’s Office also continues to experience many of the issues listed in the Initial Notice. Specifically, issues regarding noticing, scheduling, and calendaring remain. Court staff have also been confused by procedural changes in stamp-filing original documents, and indigent defendants are still being charged for access to documents.

The Chief Judge, after consulting with and with the full support of the other ten Superior Court judges in Cobb, concluded that a further 30 days would allow time for all backlogged documents to be indexed within the new case management system. At present, there are still instances where documents are unavailable to the public within the old CRIS system and simultaneously unavailable to court staff within the new Icon system. The Chief Judge continues to believe that these types of issues and conditions continue to raise serious due process and other constitutional concerns.

Under state law, Judicial Emergencies are permitted when the Chief Judge determines there is an emergency so serious that the judicial system cannot function normally and that the public, in many instances, will not be able to use the judicial system or meet deadlines imposed on them by a court. The Judicial Emergency may suspend deadlines and otherwise grant relief for an initial period of 30 days and can be extended for no more than two periods not exceeding 30 days. The Notice filed today is the first extension.

Based on the timelines provided by the Clerk, an independently elected constitutional officer, the Chief Judge hopes that all backlogged documents will be available before the Emergency expires on October 6. As before, the Court trusts that all litigants and their attorneys will continue to be understanding and professional with one another in dealing with any issues arising from the emergency.

The Notice of Extension also states that the Judicial Emergency does not in any way impact the State Court, Juvenile Court, Magistrate Court, or Probate Court of Cobb County or any of the several municipal courts within Cobb County. The Chief Judge notes that the Emergency is separate and unrelated to the Clerk of State Court and that he appreciates all the judges and clerks in the other classes of courts as they continue to administer justice in Cobb County.

The Chief Judge directs that this Notice be published, posted, transmitted, or otherwise announced such that all the parties affected, their counsel, and the public are made aware of the Judicial Emergency, as required by state law.