Rule 12.2.2 Virtual Events; Generally
Rule Text
(a) Facilitation of Virtual Events. The juvenile court judge authorizing the virtual event may specify:
1. The time and the person who will initiate the virtual event;
2. Any other matter or requirement necessary to accomplish, facilitate, or control the virtual event.
(b) Confidential Attorney-Client Communications. Provisions shall be made to preserve the confidentiality of attorney-client communications and privilege in accordance with Georgia law. In all virtual events involving delinquency, CHINS, or juvenile traffic offenses, the child and the child's counsel shall be provided with a private means of communications when in different locations.
(c) Recording of Hearings. A record of any proceedings conducted by virtual event shall be made in the same manner as all such similar proceedings not conducted by virtual event.
(d) Witnesses. In any virtual event conducted by video, or any in-person proceeding, a witness may, at the discretion of the court, testify virtually via video conference.
1. Any party desiring to call a witness by video conference shall file a notice of intent to present testimony by video conference.
a. For a proceeding that occurs prior to the filing of a petition, the notice shall be provided as soon as practicable before such proceeding.
b. For a ten-day adjudicatory hearing, notice shall be provided at least five days prior to the hearing.
c. For a hearing regarding the termination of parental rights, notice shall be provided at least fifteen days prior to the hearing.
2. Any other party may file an objection to the testimony of a witness by video conference within three days of the filing of the notice of intent if the child is in detention or within five days of the filing of the notice of intent. In a delinquency or CHINS matter, such objection by the child shall be sustained; however, such objection shall act as a motion for continuance and shall toll the applicable time limits. For a child in detention, such continuance or tolling shall not exceed ten days from the date of the objection. For a child not in detention, such continuance or tolling shall not exceed thirty days from the date of the objection.
3. The court may modify these requirements upon a showing of good cause and the parties may waive their right to timely notice.
(e) Technical Standards for Virtual Events Via Video. Any video-conferencing system utilized under this rule must conform to the following minimum requirements:
1. All participants must be able to see, hear, and communicate with each other simultaneously;
2. All participants must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method; and
3. Video quality must be adequate to allow participants to observe each other's demeanor and nonverbal communications.
(f) Public Access and Open Court. If the proceeding is one in which the general public may not be excluded as provided by Title 15, Chapter 11, Article 9 of the Official Code of Georgia, the location from which the judge is presiding shall be accessible to the public to the same extent as such proceeding would be if not conducted by video conference. For any virtual event that would otherwise be in open court and publicly accessible, if the event were conducted in person, the virtual event shall constitute open court, subject to any constitutional restrictions, provided that:
1. If the location from which the juvenile court judge is presiding is not accessible to the public, timely notice shall be given to the parties and the public that a proceeding will occur wholly virtually. Such notice maybe given to the public by an unrestricted website posting, on the court's publicly accessible docket, or similar means;
2. If a party or a member of the public objects to the remote proceeding, the court shall sustain or overrule such objection prior to conducting the proceeding; and
3. The public shall be given an opportunity to view the virtual event, such as by joining the video conference (although unable to participate), through a livestream, or through substantially similar means.
(g) Effective Date. This rule shall be effective for any virtual event taking place on or after August 15, 2024.