The Georgia Supreme Court on Wednesday responded to a dramatic increase in fees for filing a court appeal by allowing appellants to bypass the local clerk of courts office.
A new law passed by the state legislature went into effect two weeks ago, increasing the cost that county clerk of courts offices charge for the preparation of an appeal from $1.50 a page to $10 a page. Critics said the increase, which went into the state’s general fund, blocked access to the courts.
In a statement issued Wednesday, the Supreme Court of Georgia noted that the cost of preparing an appeal of 500 pages increased from $750 to $5,000, more than a 500 percent increase.
Chief Justice Carol Hunstein said in a prepared statement, “I have been in communication with members of the legislature and the executive branch, as well as with the association of county commissioners, and I don’t think anyone involved in this legislation understood what the impact would be.”
In Hall County, deputy clerk Lisa Cook said since the fees increase, no one has filed an appeal in the Clerk of Courts office.
Cook said when she provided a cost estimate to two people, “both of them said they wouldn’t appeal then.”
On Tuesday, the Georgia Supreme Court changed its rules to allow an appeal to be sent directly to the high court instead of being prepared through the local clerk of courts.
“The whole purpose of this is to make sure the people of Georgia continue to have access to their appellate courts,” Hunstein said. “It is a stopgap measure until the legislature reconvenes next year.”
The rule only applies to the Georgia Supreme Court and not the Georgia Court of Appeals, which handles the majority of appeals in Georgia.
Gainesville attorney Wyc Orr, one of many critical of the fee increases, said he hoped the Georgia Court of Appeals follows suit by allowing the clerk’s office to be bypassed in the preparation of appeals.
“Unless they do, it’s fair to say many of the onerous consequences of this fee increase will still be in effect,” Orr said.