Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has come to an end.
§ 9-10-152.Grounds for continuance — Attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities
Chapter 10. Civil Practice and Procedure Generally · Article 7. Continuances · Last amended 2010 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-152 extends the same board-meeting continuance rule to members of the Board of Human Services and the Board of Behavioral Health and Developmental Disabilities, letting them postpone a trial that falls during their board’s regular session.
Full Text of § 9-10-152
Plain-English Summary
This section mirrors the continuance ground the preceding Code section gives to university and education board members, applying it instead to the Board of Human Services and the Board of Behavioral Health and Developmental Disabilities. If a member of either board is engaged as counsel or a party in a pending Georgia case, and the case is called for trial during the board’s regular session, the member’s absence to attend that session is good ground for a postponement or continuance.
As with the parallel provision, the relief tracks the length of the conflict rather than a fixed calendar period. Once the board’s regular session ends, the ground for delay ends with it, and the case can proceed to trial.
Frequently Asked Questions
Which boards does this section cover?
The Board of Human Services and the Board of Behavioral Health and Developmental Disabilities.
What triggers the right to a continuance under this section?
A board member being engaged as counsel or a party in a pending case, with the case called for trial during the board’s regular session.
How long does the postponement last?
Until the board’s regular session has come to an end.
Is this section identical to the one covering the Board of Regents and State Board of Education?
It follows the same structure and uses nearly the same language, differing mainly in which two boards it names — the Board of Human Services and the Board of Behavioral Health and Developmental Disabilities rather than the Board of Regents and State Board of Education.
Does the section require any written filing to invoke this ground?
No. The text ties the continuance to the member being engaged with the board’s regular session and does not describe any certification or objection process.
Amendment History
Ga. L. 1933, p. 7, § 1; Code 1933, § 81-1405; Ga. L. 2009, p. 453, § 2-3/HB 228; Ga. L. 2010, p. 286, § 9/SB 244.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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