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16-576: OCGA may refer to: Official Code of Georgia Annotated Ontario Charitable Gaming Association Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title OCGA . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=OCGA&oldid=933025057 " Category : Disambiguation pages Hidden categories: Short description

32-445: A circuit judge. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. The court has twelve seats for active judges, numbered in

48-452: A term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as

64-453: Is different from Wikidata All article disambiguation pages All disambiguation pages Official Code of Georgia Annotated An unusual feature of the OCGA is that, as stated in section 1-1-1, the privately prepared code annotations are officially merged into the official copy and are published under the authority of the state. The state held that it retained sole copyright in

80-846: The annotated code as the "official code," that authorship and copyright remains with the State and not with the publisher. In October 2018, the United States Court of Appeals for the Eleventh Circuit held that the Official Code of Georgia, Annotated, is not copyrightable. The Code Revision Commission, established by the Georgia General Assembly , appealed this decision to the United States Supreme Court . The Court heard

96-732: The Code was shot through with Cobb's strong bias in favor of slavery and white supremacy. For example, as originally enacted, it contained a presumption that blacks were prima facie slaves until proven otherwise. After the Civil War (in which Cobb died at the Battle of Fredericksburg ), the Code had to be heavily revised in 1867 to eliminate portions that were obviously incompatible with the Thirteenth Amendment . The Code has been further revised and reenacted many times since. In 2013

112-400: The Code, and that Carl Malamud and Public.Resource.Org had violated that copyright. Public.Resource.Org claimed that since the state has chosen to make the Official Code of Georgia Annotated the official and authoritative code of the entire state, the Code should not be subject to copyright law, and should be freely available for all citizens to read and access. The Code also holds, in denoting

128-589: The Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit. The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta , Georgia. The building is named for Elbert Tuttle , who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced

144-660: The OCGA is not copyrightable, and the U.S. Supreme Court affirmed that holding in April 2020. The OCGA is the descendant of the first successfully enacted attempt in any English-speaking jurisdiction at a comprehensive codification of the substance of the common law, the Code of Georgia of 1861. The enactment of the Code predated the enactment of civil codes in 1866 in Dakota Territory and 1872 in California based on

160-492: The State of Georgia, specifically the Georgia Code Revision Commission, threatened to sue Carl Malamud for copyright infringement over the posting of the Official Code of Georgia Annotated on the website Public.Resource.Org . In 2015, the State of Georgia filed a copyright infringement lawsuit in the U.S. District Court, Northern District of Georgia. The State of Georgia claimed a copyright in

176-545: The Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for

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192-469: The civil rights of African-Americans. The Eleventh Circuit is one of the thirteen United States courts of appeals . As of November 18, 2024 : Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike

208-413: The code and that the authorized publisher held copyright to the annotations, though the laws of the state were the combination of the code and the annotations. Thus, the publisher would charge for reproductions of the OCGA , with a portion of the fee being returned to the state as a licensing fee. This longstanding feature goes back to the Code of 1872. In 2018, the 11th Circuit Court of Appeals held that

224-592: The code annotations were ineligible for copyright protection. The OCGA is divided into 53 titles: United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations , 11th Cir. ) is a federal appellate court over the following U.S. district courts : These districts were originally part of the Fifth Circuit , but were split off to form

240-475: The oral arguments on December 2, 2019. The case, Georgia v. Public.Resource.Org, Inc. , decided the question: Whether the government edicts doctrine extends to – and thus renders uncopyrightable – works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated. In April 2020, the Supreme Court of the United States affirmed the appeals court ruling by holding that

256-494: The work of New York-based law reformer David Dudley Field II . In 1889, Field expressly conceded that point in a written article; he credited his lack of awareness of the contemporaneous Georgia project "to the breaking out of the Civil War ." Unlike the relatively race-neutral Field civil code, large portions of the original Code of Georgia were drafted by the pro-slavery Confederate lawyer Thomas Reade Rootes Cobb , so that

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