Ed. Note: This is a guest post by Roswell, Georgia, lawyer Charles Landrum, addressing the story raised by the Atlanta Journal-Constution about criminal defense lawyer and Georgia Speaker of the House, David Ralston. alleging abuse of his office for the benefit of his clients.
The annual Georgia legislative session lasts 40 days, from January to March. In 1905, the Georgia legislature passed a law that gives attorney-legislators the right to delay “any act” in a case in which they represent a party for so long as the legislature remains in session. O.C.G.A. § 17-8-25(a) does the magic in criminal proceedings. O.C.G.A. § 9-10-150 grants the same magical powers in civil proceedings.
A 40-day delay in a court case so that a duly-elected representative of the people has the opportunity to fulfill their legislative duties makes sense. Cases get delayed all the time; what’s another month and a half? A judge in Savannah or Augusta can wait on the Gold Dome in Atlanta. Continue reading

