January 21, 1998

Mr. Jeff Bice

Administrative Analyst

Office of Court Administration

205 West Fourteenth Street

Suite 600

Austin, Texas 78711

Dear Jeff:

It was a pleasure to talk with you about this Court's record retention schedule and the concerns that you have with a record retention schedule for the appellate courts of Texas. As we discussed, the Court of Appeals adopted a record retention schedule the latter part of 1995. I have enclosed a copy of this Court's Record retention schedule. Additionally, I have enclosed a copy of the trial court retention schedules for the State of Georgia.

As we discussed, if there is no record retention schedule, records generated and maintained at public expense must be kept in perpetuity. The State Records Committee in Georgia approves all record retention schedules. However, since they are an executive branch agency, their approval or disapproval of a Court's record retention schedule, is merely advisory. When we could not get timely approval from the State Records Committee, the Court of Appeals adopted its own record retention schedule by this Court's administrative order of November 21, 1995.

I have also enclosed a copy of our letter dated May 30, 1996 which went out to attorneys notifying them that the records in their cases were scheduled for destruction under our record retention schedule and gave them the opportunity to retrieve the record or ask us to hold the record. After this notice had gone out to the attorneys in the old records, we then used the enclosed notice of record retrieval which goes out with the notice of remittitur to the attorneys.

Finally, I have included some copies of the applicable Georgia Statutes dealing with record retention in the State Records Committee, a copy of a pertinent opinion of the Attorney General of this State directed to the Secretary of State stating that the Georgia Microfilm's Act and the State Records Act apply only to the executive branch, and four cases dealing with the inherent power of the judiciary.

If you have any questions after pouring through this information, please do not hesitate to contact me. Again, it was a pleasure to talk to you and I hope that one day I will have the distinct pleasure of meeting you.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure