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