Supreme Court of Georgia, (March 13, 1973)
Docket number: 27779
ARGUED
JORDAN, Justice. - ARGUED
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Question certified by the Court of Appeals of Georgia., Certified question answered in the negative. All the Justices concur.
Supreme Court of Georgia - BARBER v. BARBER., 257 Ga. 488, 360 S.E.2.d 574 (1987)
Georgia Court Of Appeals - Roberts v. Collins., 199 Ga. App. 614, 405 S.E.2d 508 (1991)
Georgia Court Of Appeals - Fludd v. Tiller Et Al., 184 Ga. App. 93, 360 S.E.2d 647 (1987)
The Court of Appeals has certified the following question to this court for instruction: "In an action in Fulton Superior Court for money damages and declaratory relief, does the right granted the plaintiff by the Constitution of 1945, Art. I, Sec. I, Par. IV (Code Ann. 2-104), preclude judicial discretion as to the grant of a stay of the proceedings in the said Fulton Superior Court action pending the determination of an action previously filed by the defendants against the plaintiff in a New York federal district court, in which action the Georgia claim is a compulsory counterclaim under both the federal and Georgia laws?" Held:The question is answered in the negative.The language as it now appears in Art. I, Sec. I, Par. IV, Constitution of 1945 (Code Ann. 2-104), i.e., "No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both," first appeared as Art. I, Sec. I, Par. IV, Constitution of 1877.Small's A Stenographic Report of the Proceedings of the Constitutional Convention Held in Atlanta, Georgia, 1877 (Constitution Publishing Company, Atlanta, 1877) reflects the adoption of the language in 1877 as the proposal of Mr. Tift, who explained it as follows (p. 94): "Mr. Tift. I see no provision of that kind in the printed bill before us. It is very important that every person shall be permitted to prosecute or defend his own case in any of the courts of this state. In some of the courts they have a provision that no person shall appear without an attorney. At any rate, that is the practice in nearly all of the courts. In cases where persons are not able to employ attorneys, the court appoints one for him. [Sic] Yet, I think, in every case, the person should have the right to appear himself, and by attorney also, I call for the division. Upon the division the vote was - [ayes] 101; noes 29. So the amendment was received."In the light of the above and considering the prior constitutional history of this subject we view the present provision of the Constitution as primarily intended to guarantee the right of self-representation in the courts of this State (see Levadas v. Beach,
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