In re Gwinnett County Grand Jury

Summary

The Supreme Court of Georgia held that documents and recorded testimony presented to and maintained by a grand jury conducting a civil investigation are not "court records" subject to public access under Uniform Superior Court Rule 21. The court concluded that only presentments made by the grand jury in open court qualify as court records under the rule and affirmed the trial court's judgment.

Holdings

1. Documents and recorded testimony received by a grand jury in pursuit of its statutory civil duties are not court records subject to disclosure under Uniform Superior Court Rule 21 and therefore do not carry the rule's presumption of public access.
2. For purposes of Uniform Superior Court Rule 21, court records concerning the civil duties of a grand jury include presentments made in open court at the conclusion of the investigation, but do not include documents and recorded testimony presented to and maintained by the grand jury that are not included in the open-court presentment.

Questions Presented

1. Whether documents and recorded testimony presented to and maintained by a grand jury while performing its statutory civil duty to inspect or investigate a county office or its operations are court records available for public inspection under Uniform Superior Court Rule 21.
2. Whether, for purposes of Uniform Superior Court Rule 21, civil grand-jury records include materials other than presentments made by the grand jury in open court.

Disposition

affirmed