Governor Perdue, Chief Justice Sears Resolve DA Funding Crisis

ATLANTA – Governor Sonny Perdue issued an Executive Order today transferring funds from the Department of Revenue to cover the payroll costs of state-funded District Attorneys until the FY 08 budget takes effect on July 1, 2007.  The Governor's Order was entered in response to Georgia Supreme Court Chief Justice Leah Ward Sears's declaration of a judicial emergency, which allows the Governor to transfer funds from outside agencies to cover the costs of District Attorneys.

"District Attorneys and their staffs are the workhorses of our state's judicial system," said Governor Sonny Perdue. "The Executive Order I issued today will allow them to continue to serve the state and not slow the pace of justice for Georgia residents. I appreciate the consideration that the Chief Justice has granted to the District Attorneys' needs."

Georgia's District Attorneys and staffs were facing furloughs due to insufficient funds in the Amended FY 07 budget passed by the General Assembly.

"I believe this course of action was the best resolution to a funding crisis that threatened to considerably cripple our criminal justice system," said Chief Justice Leah Ward Sears. "This exercise of power is not without limits, however, and is reserved for only the most extraordinary circumstances.  I am pleased that the Governor and I were able to work together to resolve this matter."

A copy of the Chief Justice's Judicial Emergency Order and the Governor's Executive Order are below.

Chief Justice's Judicial Emergency Order

WHEREAS, the District Attorneys of Georgia play a critical and far-reaching role in the timely prosecution of crimes; and

WHEREAS, the impending furlough of state funded District Attorneys and their staff due to insufficient funds to meet  payroll demands through the end of Fiscal Year 2007 would disrupt court schedules, create backlog, impede access to the courts, and prevent the District Attorneys of Georgia from performing their statutory duties; and

WHEREAS, this funding crisis will have an immediate and detrimental impact on the operation of the judicial branch and will substantially infringe upon the normal functioning of the courts of this State, 

IT IS THEREFORE DECLARED, pursuant to OCGA § 38-3-60 et seq., by Leah Ward Sears, Chief Justice of the Supreme Court of Georgia, that a Judicial Emergency exists within the forty-nine (49) judicial circuits in the State of Georgia.

This order shall be effective June 1, 2007, and shall continue for a period of thirty (30) days so that the leadership of the executive and legislative branches of government will have sufficient time to see to it that any and all necessary funds to alleviate this crisis are made available.

EXECUTED at 10:00 a.m. this 1st day of June, 2007.

Georgia Supreme Court Chief Justice Leah Ward Sears

Governor's Executive Order

Whereas:               The District Attorneys of Georgia play a critical and far-reaching role in the timely prosecution of crimes; and

Whereas:               The impending furlough of state funded District Attorneys and their staff due to insufficient funds to meet payroll demands through the end of Fiscal Year 2007 would disrupt trial schedules, create backlog, impede access to the courts, slow the ability to obtain warrants, and prevent the District Attorneys of Georgia from performing their statutory duties; and

Whereas:               The funding crisis will have an immediate and detrimental impact on the operation of the judicial branch and will substantially infringe upon the normal functioning of the courts of this State; and

Whereas:               The Chief Justice of the Supreme Court of Georgia has executed an order declaring that, due to a lack of funding in the Amended 2007 Budget and resulting furlough of District Attorneys throughout this State, a judicial emergency exists effective May 31, 2007, within Georgia's forty-nine judicial circuits; and

Whereas:               The provisions of O.C.G.A. § 38-3-51 provide that when the available funds are not sufficient for the purpose of paying such expenses incident to carrying out activities authorized by the "Georgia Emergency Management Act of 1981," the Governor may transfer from any available fund in the State treasury such sum as may be necessary to meet the emergency or   disaster; and the moneys so transferred shall be repaid to the fund         from which transferred when moneys become available for that purpose by legislative appropriation or otherwise; and

Whereas:               An authorized judicial official has declared a judicial emergency, pursuant to O.C.G.A.  § 38-3-60 thereby, authorizing the Governor to exercise the powers given to him by the "Georgia Emergency Management Act of 1981"; and

Whereas:               The Office of Treasury and Fiscal Services has advised that the Department of Revenue has $828,758.15 in unneeded state general funds for the current fiscal year.

Now, Therefore, pursuant to the authority vested in me as Governor of the State of Georgia, It Is Hereby

Ordered:                That the Department Treasury and Fiscal Services electronically transfer from the state general fund appropriations account of the Department of Revenue $828,758.15 to Office of the Governor – Governor's Emergency Fund.

It is further

Ordered:                That these funds, upon requisition, will be made available the Prosecuting Attorneys' Council to fulfill salary commitments for FY 2007 to all state paid district attorneys.

This 1st day of June, 2007.

Governor Sonny Perdue