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STATE COURT OF DEKALB COUNTY
Clerk's Office
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson
Clerk
Terri Kellman
Chief Deputy
May 11, 2017
Via Mail
James Avery
1840 Mason M ill Rd.
Decatur, GA 30033
Re: Your Open Record Request: James Avery, Citation number: 026695, 027588, 026200 & 027591
Dear Mr. Avery,
Your request was received on May 9, 2017
With respect to the request being made pursuant to the Georgia Open Records Act, please note that the Georgia Attorney General's Office has opined that "courts and other agencies of the judicial branch have a history of self-regulation." Op. Att'y-Gen 79-25. That opinion cited the court's decision in Sams v Olah, 225 Ga. 497, cert den., 397 U.S 914 (1969) for the proposition that "the regulation of the judicial branch of government belongs inherently to the judicial branch itself." In Fathers Are Parents Too v. Hunstein, 202 Ga App. 716, 717(1992), the court discussed the Open Meetings Act (0. C.G.A § 50-14-1 et seq.) and stated that "because current Act ... does 110t specifically reference the judicial branch, nor otherwise apply to the judiciary in clear and unmistakable terms, we conclude that the Legislature did not intend for the Act to apply to the judicial branch of government." Similarly, the Open Records Act does not name or specifically reference the judicial branch. See O. C. G.A.§ 50-18-70 et seq.
Subject to the foregoing, pursuant to the Uniform Superior Court Rule 21, the Court's records are available for inspection and copying during normal business hours at a reasonable cost. The court has the following documents on file:
- Transcript (98 pages)
- Audio recording (January 3, 2017 session)
In regards to an audio recording, these cases did were not schedule for hearings on: 02/19/2013, 11/27/2013 and 01/20/2017. Unfortunately, an audio recording was not available for the following sessions: 07/12/2016,08/09/2016,0]/31/2017,02/28/2017 & 04/18/2017.
Please note that in accordance with legislation applicable to the Court, the total estimated cost to search, retrieve and copy the requested documents is $58.99. The fee for copies is 98 copies at $.50 per page, or $49.00. The fee for an audio recording is $9.99. Please submit a certified check or money order for $58.99 to the "State Court -Traffic Division" as payment. Upon receipt of payment, the requested documents will be provided to you or your designee.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
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