Skip to content

Volume 37, Issue 1 (Fall 2020)

2020 BAR EXAMINATION: Judicial Order by the Supreme Court of Georgia Providing for Provisional Admission to the Practice of Law

The Supreme Court of Georgia issued the Judicial Order to postpone administration of the July 2020 Georgia bar examination to September 2020. The Order provided for the provisional admission to the practice of law of recent law school graduates and lawyers new to Georgia—those most affected by the postponement.

BIOETHICS: Ethical Considerations of Ventilator Triage During a Pandemic

In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the

CRIMES AND OFFENSES: Proposed Constitutional Carry Act of 2019 & Executive Order by the Governor Temporarily Extending Renewal Requirements for Weapons Carry Licenses

In March 2020, Governor Brian Kemp (R) issued an Executive Order declaring a Public Health State of Emergency due to COVID-19. The Supreme Court of Georgia also issued a Judicial Order declaring a Statewide Judicial Emergency. The Council of Probate Court Judges subsequently characterized the processing of weapons carry licenses

FORCED BUSINESS CLOSURES: Executive Orders by the Governor Closing Private Businesses

Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996: Health & Public Welfare

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establish a standard for the use and protection of individuals’ health information and apply to certain covered entities or their business associates. Covered entities may only disclose an individual’s protected health information in limited situations. Covered entities or

MANDATORY QUARANTINE: Administrative Order by the Georgia Department of Public Health for Public Health Control Measures: Isolation Protocol

The Administrative Order for Public Health Control Measures and its subsequent amendments outlined the Isolation and Quarantine Protocols for individuals who either tested positive for COVID-19 or were suspected of COVID-19 infection based on symptoms or prolonged exposure to the virus. Download PDF

PUBLIC HEALTH STATE OF EMERGENCY: Executive Order by the Governor Declaring a Public Health State of Emergency

The Executive Order primarily functions to enumerate the Governor’s emergency powers during a Public Health State of Emergency. The Executive Order allows for the Governor to assist health and emergency management officials by deploying available resources for the mitigation and treatment of COVID-19 within Georgia. Download PDF

SHELTER IN PLACE: Executive Order by the Governor to Ensure a Safe & Healthy Georgia

The Order required all visitors and residents of Georgia to practice social distancing in compliance with the Centers for Disease Control and Prevention guidelines; prohibited businesses in Georgia from allowing groups of more than ten people to gather at any single location; imposed a mandatory shelter-in-place requirement for all visitors

STATEWIDE JUDICIAL EMERGENCY: Judicial Order by the Supreme Court of Georgia Declaring a Statewide Judicial Emergency

The Supreme Court of Georgia issued an Order declaring a Statewide Judicial Emergency to reduce the transmission of COVID-19 throughout the State of Georgia. The courts remained open to address essential functions, as defined within the Order. Additionally, all deadlines and other filing requirements were extended or tolled. Throughout the

TORTS: COVID-19 Pandemic Business Safety Act & Executive Order by the Governor Designating Auxiliary Management Workers and Emergency Management Activities

The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort