The Georgia ballot for tomorrow has a proposed amendment to the state Constitution that would give the State Supreme Court jurisdiction to answer questions of law from state appellate, federal district or appellate courts.

Does anybody know what the deal with this is and what effect it would have win or lose?  I would think that any court could ask any other court anything it wanted.  Why was this amendment proposed?

Thanks to anybody with info!

I asked a lawyer for advice on this one, he said vote YES, stuff it in the B Box and post pics.

Seriously, he said it streamlines the appeals process and is a good thing.

Okay, am I understanding this correctly? It's saying that should this go into effect, the GA supreme court can ask another state's or federal court how to make a descision?

If that's the case, would you really want the GA Supreme court to ask say, Kalifornia, how to deal with matters concerning firearms in this state?

Edited to add..... or is it the other way around and only so?

If I'm wrong, help me understand this one a little better. I'm a little exhausted right now, and am not sure I'm reading this right.

Quoted: The proposal adds the authority to answer questions of law from federal district courts.

My understanding, this is the only change.

From the The League of Women Voters of Georgia
A non partisan site

To provide the Supreme Court jurisdiction to answer questions of law from federal courts.
(House Resolution No. 68)

SHALL THE CONSTITUTION BE AMENDED SO AS TO PROVIDE THAT THE SUPREME COURT SHALL HAVE JURISDICTION TO ANSW ER QUESTIONS OF LAW FROM ANY STATE APPELLATE COURT OR FEDERAL DISTRICT OR
APPELLATE COURT?

Article VI, Section VI of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof a new Paragraph IV to read as follows:

“Paragraph IV. Jurisdiction over questions of law from state appellate or federal district or appellate courts. The Supreme Court shall have jurisdiction to answer any question of law from any state appellate or federal district or appellate court.”

Explanation:
Under the current constitution the Supreme Court of Georgia has jurisdiction to answer questions of law certified by the Court of Appeals of Georgia. By statute and court rule, the Supreme Court can also answer questions of law certified by any federal appellate court but not from federal district court. The federal courts are required to apply Georgia law to certain cases and issues. These issues arise at the trial level, which is district court in the federal system. The State Bar of Georgia saw a need to allow the federal trial courts to ask questions of the Georgia Supreme Court prior to or during a trial that involve interpretation of Georgia law. Currently, the questions can only be asked by federal appellate courts, which means after trial.

Pro:
This amendment would allow federal courts to get a definitive interpretation of Georgia law prior to or during trial, rather than waiting until after trial. Waiting until after trial might mean that the federal trial judge interpreted the law incorrectly. That would require a new trial. This provision is intended to save time and money by making a definitive answer available when it can do the most good.

Con:
The current constitutional provision gives the Supreme Court jurisdiction only over questions certified by the Georgia Court of Appeals. Questions from the federal appellate courts are permitted by statute. It would appear that this issue could be handled by amending the statute rather than the Constitution.

IMO it's a yes vote.


The Bald Monk
http://wayofthebaldmonk.net/2.jpg
Semper Gumby!

Does this possiably affect our state gun laws -- good or bad.  I mean is this opening up the present laws to interpertation by anyone through a more liberal court?  Pro-gun, vote Yes, or No?

Does this possiably affect our state gun laws -- good or bad. I mean is this opening up the present laws to interpertation by anyone through a more liberal court? Pro-gun, vote Yes, or No?

Nope

It just means that another court, federal court (likely) or another state court (unlikely) can ask the GA Supreme Court for a ruling on a Georgia law only a Georgia law during the trial.  

Right now questions on GA law can only be asked during the appeals process. Which can and does slow the process. It also costs the state $$$.

IMO the amendment DOES NOT weaken GA law but will save $$$ and helps ensure questions of GA law are answered by Georgians.  

Please note I have not had my heart or soul removed so I am not lawyer just a poor SOB who had to sit through too many Constitutional law class at UGA.

The Bald Monk
http://wayofthebaldmonk.net/2.jpg
Semper Gumby!

okay, so it's not saying that the federal courts can interpret GA's laws for itself?  it makes them ask the GA courts for the interpretation?

[Flame mode on] How do we know Bald Monk is really pro-gun and not a Democrat spy? [flame mode off]

Quoted: [Flame mode on] How do we know Bald Monk is really pro-gun and not a Democrat spy? [flame mode off]

I work with him.  You should hear him go after the libs here at work.  I don't think he is a Democrat spy.  He did buy a few HKs recently, maybe a commie spy.  Oh yeah the Commie Bastard met him too.  I think he just ordered a custom barrel for an AR as well, definitely pro-gun.

He's also an easy target so flame on

Quoted: Quoted: [Flame mode on] How do we know Bald Monk is really pro-gun and not a Democrat spy? [flame mode off] I work with him.  You should hear him go after the libs here at work.  I don't think he is a Democrat spy.  He did buy a few HKs recently, maybe a commie spy.  Oh yeah the Commie Bastard met him too.  I think he just ordered a custom barrel for an AR as well, definitely pro-gun. He's also an easy target so flame on

OMG.... we're being invaded!!!  

Quoted: [Flame mode on] How do we know Bald Monk is really pro-gun and not a Democrat spy? [flame mode off] hr

hy
Here is proof postive, I am no Dem Spy
http://wayofthebaldmonk.net/avatar/3reasons.jpg

The Bald Monk
http://wayofthebaldmonk.net/2.jpg
Semper Gumby!

Quoted: Quoted: [Flame mode on] How do we know Bald Monk is really pro-gun and not a Democrat spy? [flame mode off] Why I oughta kick you a** Here is proof postive, I am no Dem Spy wayofthebaldmonk.net/avatar/3reasons.jpg The Bald Monk wayofthebaldmonk.net/2.jpg Semper Gumby!

I will give you $20 for the .357

Quoted: I will give you $20 for the .357

did you show her the other thread where you were talking about hot college chicks??????    I bet she would be interested to see that.  

Quoted: did you show her the other thread where you were talking about hot college chicks??????    I bet she would be interested to see that.   hr

Why do you think I won't let him have a camera phone?  

Seriously, I'm usually the one pointing out the hotties to him!  He can look but he can't touch, but that doesn't mean I can't touch the hotties...