Green v. Drinnon, Inc., S92A0486

Decision Date11 June 1992
Docket NumberNo. S92A0486,S92A0486
Parties, 20 Media L. Rep. 1359 GREEN v. DRINNON, INC.
CourtGeorgia Supreme Court

Marc T. Treadwell, Chambless, Higdon & Carson, Macon, for green.

Ed S. Sell, III, Sell & Melton, Macon, for Drinnon, Inc.

FLETCHER, Justice.

Judge Robert H. Green of the State Court of Baldwin County appeals from a superior court order requiring him to give the local newspaper a tape of comments he made in open court. We affirm that Judge Green must make available the tape or its transcript, but for a different reason than the trial court.

Judge Green made opening remarks on September 23, 1991, after court was called into session but before the call of any case. 1 The court reporter recorded Judge Green's comments on a tape recorder. The Union-Recorder, the local newspaper sought a transcript of the judge's remarks from the court reporter and later filed a request with the judge under the Open Records Act. The requests were denied. The Union-Recorder sued the judge, alleging that the tape was a public record under the Open Records Act and a court record open for public inspection under Uniform State Court Rule 21.

1. In this state, "the public and the press have traditionally enjoyed a right of access to court records." Atlanta Journal & Atlanta Constitution v. Long, 258 Ga. 410, 411, 369 S.E.2d 755 (1988); see R.W. Page Corp. v. Lumpkin, 249 Ga. 576 n. 1, 292 S.E.2d 815 (1982). To preserve this right, this court and the council of superior court judges have adopted a rule that presumes the public will have access to all court records. SeeLong, 259 Ga. at 413, 369 S.E.2d 755. State Court Rule 21 provides: "All court records are public and are to be available for public inspection unless public access is limited by law or by the procedure set forth below."

An official court reporter's tape of a judge's remarks in open court is a court record. In R.W. Page Corp. v. Kilgore, 257 Ga. 179, 356 S.E.2d 870 (1987), we held that the coroner could not claim that a transcript of a public inquest was not a public record.

When a coroner, who is a public official, makes an inquest and opens it to the public, and the testimony given at the public inquest is recorded and transcribed at public expense, the coroner has waived any right which he might claim to have to contend that the transcript is not a public record.

Id. Similarly, Judge Green waived any right to claim that the tape of his comments is not a court record when he made public comments from the bench that were recorded while court was in session. No law limits public access to the judge's taped comments nor can access to them be denied under the procedure set out in Rule 21, which he has not invoked. Therefore, the tape or its transcript must be made available for public inspection under Rule 21.

2. Since court rules govern public access to court records, it is not necessary to determine whether the Open Records Act applies to the judicial branch of government. We...

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10 cases
  • Undisclosed LLC v. State
    • United States
    • Georgia Supreme Court
    • 30 Octubre 2017
    ...Uniform Superior Court Rule 21 (" Rule 21") to obtain copies of the audio recordings, arguing that our decision in Green v. Drinnon, Inc., 262 Ga. 264, 417 S.E.2d 11 (1992) held that a court reporter's audio recordings are "court records" under Rule 21 and the rule provided the right to cop......
  • Merch. Law Firm, P.C. v. Emerson, S17A0039
    • United States
    • Georgia Supreme Court
    • 30 Mayo 2017
    ...that the public will continue to enjoy its traditional 800 S.E.2d 562right to access to judicial records"); Green v. Drinnon, Inc. , 262 Ga. 264, 264-265 (1), 417 S.E.2d 11 (1992) (Rule 21 was adopted to "preserve" the traditional right of access to court records); Long , 258 Ga. at 411 (1)......
  • Jane Doe v. Archdiocese Atlanta
    • United States
    • Georgia Court of Appeals
    • 15 Julio 2014
    ...procedure set forth [in Rule 21].”); In re Gwinnett Cnty. Grand Jury, 284 Ga. 510, 511, 668 S.E.2d 682 (2008); Green v. Drinnon, Inc., 262 Ga. 264, 264(1), 417 S.E.2d 11 (1992) (“In this state, the public and the press have traditionally enjoyed a right of access to court records.” (punctua......
  • Merch. Law Firm, P.C. v. Emerson
    • United States
    • Georgia Supreme Court
    • 30 Mayo 2017
    ...is to ensure that the public will continue to enjoy its traditional right to access to judicial records"); Green v. Drinnon, Inc., 262 Ga. 264, 264-265 (1), 417 S.E.2d 11 (1992) ( Rule 21 was adopted to "preserve" the traditional right of access to court records); Long, 258 Ga. at 411 (1), ......
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