Political Insider

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Council targets ruling that blocks Georgia from being sued without consent

A panel created by Gov. Nathan Deal recommended a range of options to counter a landmark Georgia Supreme Court ruling that effectively bars citizens from suing the state when trying to overturn a law they believe is unconstitutional.

The findings submitted to Deal on Tuesday by the Court Reform Council also suggested the creation of a statewide business court system and granting new powers to Georgia’s administrative law courts. Deal could include some of the proposals in a package of legislative priorities headed into his final session.

The council’s members wrestled over how to respond to the state high court’s June ruling, which said the state, its agencies and its officials are shielded from litigation under the legal doctrine of sovereign immunity, rooted in a centuries-old English principle that “the king can do no wrong.”

The ruling does not affect the right to challenge the constitutionality of a state law in federal court. At the state level, however, it concluded that citizens may not sue “the state” to overturn an unfair law. Instead, they may only sue an individual official to stop him or her from enforcing the law.

It sparked an outcry from legal experts and renewed calls for lawmakers to press for changes next year. The Georgia Trial Lawyers Association said changes will ensure the state’s judiciary will “continue enjoying a reputation for being an effective, efficient and fair legal system.”

The council didn’t reach a consensus on a specific change, but suggested several options that lawmakers could pursue.

Among them was a package of legislation that would allow some legislative challenges that seek to block potentially unconstitutional laws, while shielding individual employees or officers from being targeted by a lawsuit.

The council also urged lawmakers to back a Georgia Business Court to provide specialized services to resolve complex financial cases. A pilot program in metro Atlanta, created in 2005, has handled about 240 cases and is known for “efficient disposition of matters and accessibility of its judges,” it found.

It settled on two options for the court: A business court with a statewide jurisdiction based in Atlanta or a system with courts based in various regions of the state, much like Georgia’s network of federal courts.

And it recommended giving broader powers to the Office of State Administrative Hearings to enter final decisions and to enforce subpoenas to people who don’t appear for hearings.

Read the entire report here.


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About the Author

Greg Bluestein is a political reporter who covers the governor's office and state politics for The Atlanta Journal-Constitution.