As you may recall, I posted last week about how the Supreme Court of Georgia was taking steps to circumvent the fee increases created by HB 1055 in the appeals process.
At that time it was unclear whether or not the Court of Appeals would follow suit; and now they have.
“Having weighed all the sides, I think this was the appropriate thing to do,” Chief Judge Yvette Miller said. “We see the lion’s share of these cases and don’t want people to have to pay these prices.”
The appeals court’s 12 judges voted unanimously to change its rules, after hearing from state bar leaders and Rep. Wendell Willard (R-Sandy Springs), all of whom supported the rule change, Miller said. The Georgia Supreme Court similarly changed its rules a week ago.
One should take note, this is a temporary solution for now. But may very well become a permanent solution, according to Chris McFadden a candidate for the Georgia Court of Appeals.
Contrary to the implication of the title of this thread, these rules are not defiance of the legislature. On the contrary, several leaders of the General Assembly, acknowledging their mistake in passing the $10/page fee, urged the appellate courts to adopt such rules. According to the AJC, Rep. Wendell Willard (R-Sandy Springs), chair of the house Judiciary Committee, acknowledged the legislature’s mistake and described the Supreme Court rule as “a great solution” that “could be a permanent one.”
This intern still maintains that we are likely to see HB 1055 pop up more before the next year’s session. Especially given the budget crunch and the overall state of Georgia’s economy.
h/t to Mr. McFadden.