The Atlanta Lawyer March 2018 | Page 18

LEGAL MINUTE Rule 22 Honey L. Shaw 2L, Georgia State University College of Law [email protected] The Georgia Supreme Court web- site reads, “Rule 22 of the Uniform Superior Court Rules was issued in 1997 and has not been updated since then.” The long anticipated update came just over a month ago on February 6, 2018. Uniform Superior Court Rule 22 governs the use of electronic devices in courtrooms and recording of ju- dicial proceedings by representa- tives of the news media and other persons. As technology continues to progress and improve, many in the legal field have felt the change is long overdue. The Supreme Court website goes on to say “The new version reflects the dramatic changes in technology and news media over the past two decades, and particularly the fact that most Georgians now have smart phones and other electronic devices that can be used as still cameras, vid- eo cameras, and audio recorders. The rule addresses the use of such devices for recording and non- recording purposes by lawyers and their employees, parties in court cases, jurors, witnesses, and media representatives and other spectators.” The lengthy amendment process was led by the Council of Supe- rior Court Judges but according to Judge J. Stephen Schuster of the Cobb County Superior Court, the time spent in creating the order reflects a collaborative effort from multiple interested parties includ- ing media representatives, attor- “As technology continues to progress and improve, many in the legal field have felt the change is long overdue.” 18 March 2018 neys and bar associations, civil rights organizations, and others. Judge Schuster also serves as the Chairman of the Uniform Rules Committee of the Council of Su- perior Court Judges, and says the rule is a product aimed at “bal- ancing the growing advances in technology and media coverage with protecting the legal rights and safety of those who rely on our courts.” The bill itself states that, “Open courtrooms are an indispensable element of an effec- tive and respected judicial system. It is the policy of Georgia’s courts to promote access to and under- standing of court proceedings not only by the participants in them but also by the general public and by news media who will report on the proceedings to the public. This must be done, however, while protecting the legal rights of the participants in the proceedings and ensuring appropriate security and decorum.” For attorneys, not much has changed other than you can now use your electronic devices for non-recording purposes, such as E-mail and internet browsing. This portion expands to parale- gals and investigators, as well as pro se parties. As always, behavior when using electronics for non- recording purposes must not be