The Georgia Supreme Court on Tuesday sidestepped an opportunity to clarify whether a court reporter’s backup tapes of courtroom proceedings may be copied, ruling against a law firm‘s efforts to force their disclosure through a lawsuit against a Superior Court judge and court reporter.

The decision, written for the high court by Justice Nels Peterson, said husband-and-wife law partners Ashleigh and John Merchant should have appealed the order denying their request to copy the recordings instead of filing a mandamus action against Douglas County Superior Court Judge David Emerson and his court reporter.

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