§ 15-6-62.1 - Definitions; back-up records; submission; format; permanent maintenance of back-up records
O.C.G.A. 15-6-62.1 (2010)
15-6-62.1. Definitions; back-up records; submission; format; permanent maintenance of back-up records
(a) As used in this Code section, the term:
(1) "Back-up record" means a paper or microfilm copy of any record of the proceedings relating to any civil action or criminal case which a clerk of superior court is required to make pursuant to Code Section 15-6-62.
(2) "Council" means The Council of Superior Court Clerks created by Code Section 15-6-50.2.
(3) "Department" means the Georgia Department of Archives and History.
(b) Except as provided in subsection (d) of this Code section, a clerk of a superior court electing to record proceedings in digital format as provided in subsection (a) of Code Section 15-6-62 shall maintain back-up records and must do so in at least one of two ways: either by the clerk permanently retaining the back-up records himself or herself or by submitting the digitally formatted records to and having them permanently archived by the department as set forth in subsection (c) of this Code section.
(c) If a clerk of a superior court elects to submit the digitally formatted records to and have them permanently archived by the department pursuant to subsection (b) of this Code section, the clerk shall submit such records at least once every six months and in a format acceptable to the department and the council. Upon receipt, the department shall convert the digitally formatted records to microfilm and shall permanently maintain them in that format. If requested by the clerk of a superior court, the department shall make a copy of these microfilm records available for purchase by the clerk at a fee not to exceed the cost of producing the copies.
(d) If at any time the department certifies to the council that the department is not capable of creating the microfilm records from the digitally formatted records and permanently maintaining them as set forth in this Code section, then a clerk of superior court shall permanently maintain the back-up records himself or herself and shall continue to do so until the department certifies that it is capable of creating and permanently maintaining them.