Title 15, Chapter 6, Section 18
( 15-6-18)
(a) If for any cause it shall or may be impracticable to hold any
session or sitting of any superior or state court at the courthouse
or other place provided by law therefor, it shall be lawful to hold
court and any session or sitting thereof at such place as the proper
authorities of the county in and for which the court is to be held
may from time to time provide for such purpose, provided that except
as provided in subsection (b) of this Code section no session or
sitting of any superior court may be held under this subsection at
any place other than the county site of the county of such court. (b) The provisions of this subsection shall apply only in a county
in which there exists a state court with one or more courtrooms
regularly utilized by the state court outside the county site. In
any such county any session of superior court may be held outside
the county site in a courtroom of the state court, subject to the
following conditions and limitations: (1) The senior judge or chief judge of superior court (such terms
meaning the active judge who is senior in time of service) must
enter a written order for such session of superior court to be so
held outside the county site, and such order must incorporate a
written finding that it is impracticable for the session of court
to be held at the county site; (2) A judge of the state court must enter a written order
consenting for such session of superior court to be held in the
courtroom of the state court; (3) The holding of superior court sessions shall not affect the
place of filing of documents to be filed with the superior court,
except for documents filed in open court which may be filed where
the session of court is held; and (4) Any state court making courtroom space available to the
superior court under this subsection shall be authorized under the
same rules to hold sessions of state court in facilities of the
superior court. (c) Notwithstanding the provisions of subsections (a) and (b) of
this Code section: (1) In each county of this state having a population of not more
than 50,000 according to the United States decennial census of
1990 or any future such census, if for any cause it shall or may
be impractical to hold any session or sitting of any superior or
state court at the courthouse or other place provided by law
therefor or if it should appear to the governing authority of the
county that the best interest of the public would be served by the
furnishing of alternate or additional facilities for the holding
of any session or sitting of any superior or state court, it shall
be lawful to hold court and any session or sitting thereof at such
place or places as the governing authority of the county in and
for which the court is to be held may from time to time, by
appropriate resolution, provide for such purpose, provided that no
session or sitting of any superior court or state court may be
held under this subsection at any place that is not open to and
accessible by the public; provided, further, that no criminal jury
trial shall be conducted in such alternate or additional facility
without the consent of the accused; and (2) In each county of this state where the county site is located
in an unincorporated area of the county and the governing
authority of such county determines by appropriate resolution that
the best interest of the citizens of such county would be served
by the construction of a courthouse annex or satellite courthouse
outside the county site, it shall be lawful to hold any session or
sitting of superior or state court or grand jury and to conduct
all other related business of the courts at such annex or
satellite courthouse. (d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17. |