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Appalachian Judicial Circuit Update

STATEMENT From Appalachian District Attorney Alison Sosebee

“In regard to the status of current criminal court proceedings in the Appalachian Judicial Circuit, on March 14, 2020, Governor Kemp declared a Public Health State of Emergency based on the potential infection and continued transmission of the Coronavirus/COVID-19. As a result, the Georgia Supreme Court declared a Statewide Judicial Emergency.

“Georgia Supreme Court Chief Justice Melton’s Order states that “courts should remain open to address essential functions, and in particular courts should give priority to matters necessary to protect the health, safety, and liberty of individuals.” In Justice Melton’s Order, he provides examples of “essential functions” such as (1) where an immediate liberty or safety concern is presently requiring the attention of the court; and (2) criminal court search warrants, arrest warrants, initial appearances, and bond reviews. In conjunction with the foregoing, Appalachian Judicial Circuit Chief Judge Brenda Weaver issued an Order Declaring Judicial Emergency in this Circuit comprised of Fannin, Gilmer, and Pickens counties. Judge Weaver ordered, in conjunction with the Georgia Supreme Court Order, that for a period of thirty days, from March 13, 2020, proceedings shall continue to be held on criminal matters including jail bond hearings, jail first appearance hearings, and jail pleas.

“After taking into consideration the declaration of a national emergency by President Trump, the declaration of emergency by Governor Kemp, and the declaration of judicial emergency by the Supreme Court of Georgia, the criminal court system in the Appalachian Judicial Circuit will continue to handle jail bond hearings, jail first appearance hearings and jail pleas in a timely manner.

“The District Attorney’s office is operating in conjunction with our local and state law enforcement agencies and judges to ensure that those persons who have been arrested and are incarcerated are provided their constitutional and statutory rights but also to ensure that our citizens, property, and community are protected as well.

“The jail lists in each county are being evaluated on a daily basis so that these matters are addressed in a timely manner, particularly in light of the current limited court hearings. Each case is addressed on its own merits and as always, we will remain in contact with our victims not only seeking their input but to ensure they made are aware of any status changes. In reviewing these cases, the District Attorney’s office is working with the Sheriffs in Fannin, Gilmer and Pickens counties and is taking into consideration any safeguards or quarantining measures the Sheriffs have made to prevent against the transmission of Coronavirus/COVID-19 in our county jails. An utmost priority is to ensure the safety and protection of our community.”

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