ATLANTA (Feb 17, 2010) – The Georgia State Senate today voted to provide greater clarity in citizens’ private right to sue through the passage of the Transparency in Lawsuits Protection Act (SB 138). Sponsored by Sen. John Wiles (R-Kennesaw), SB 138 is based on American Legislative Exchange Council (ALEC) model legislation and calls for transparency in the legislative creation of new private rights to sue and would give the judiciary clear guidelines on statutes so that legislative decision-making authority is not side-stepped or misinterpreted.
“When we pass laws we need to be crystal clear. Consumers, businesses, and their lawyers deserve to know when and where they can sue or be sued. By enacting SB 138, Georgians will no longer be forced to seek the assistance of Georgia Courts to determine if they have a private cause of action,” said Wiles.
The uncertainty in Georgia law leaves interpretation up to the courts and this has resulted in over 30 Court of Appeals opinions determining that there is no private cause of action. The bill creates new Code Section 9-2-8, which makes it clear that a private right of action does not automatically arise when a legislative enactment occurs, unless expressly provided in the new statute.
Upon enactment of SB 138, if legislators would like to create a new right to sue, they would create the new right explicitly. If legislators want the statute to be enforced through other means, no new right would be created. Judges would then be able to understand the legislature’s intent in passing a law because of SB138.
“When we’re asking the courts to do more with less due to tight budgets, it is incumbent on the legislature to clarify the law whenever we can and reduce unneeded cases,” said Wiles.
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Sen. John Wiles serves as Chairman of the Special Judiciary Committee. He represents the 37th Senate District which includes a portion of Cobb County. He may be reached by phone at 404.657.0406 or by e-mail at john.wiles@senate.ga.gov.
PRESS RELEASE
For Immediate Release:
February 17, 2010
For Information Contact:
Raegan Weber, Press Director
Raegan.Weber@senate.ga.gov
404.656.0028