Georgia courts journal, Apr. 2001

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Journal
Journal

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Journal

April 2001

Journal

A Publication of the Judicial Council of Georgia

2001 Legislative Session...

State of Judiciary
Chief Justice Robert Benham of the Supreme Court addressed a joint session of the Georgia's General Assembly on Friday, January 12, 2001.
Lieutenant Governor Mark Taylor introduced Chief Justice Benham, his wife Mrs. Nell Benham,

and the distinguished members of the Supreme Court and the Court of Appeals.
Justice Benham thanked the General Assembly for their support during his six years as Chief Justice. "You have favored us with the addition of 40 new continued on pg 7

Blackburn Becomes Chief Judge of Georgia Court of Appeals

The Honorable G. Alan Blackburn

Court of Georgia and Chief Judge

took the oath of office to become

Edward H. Johnson and judges of

chief judge of the Georgia Court of

the Court of Appeals were present.

Appeals on January 3, 2001, in the

Speakers at the ceremony

Court of Appeals Courtroom in

included the Reverend Randel T.

Atlanta. Presiding

Osburn, Southern

Judge Marion T.

Christian

Pope welcomed the

Leadership

many well-wishers

Conference, who

in attendance

gave the invoca-

including Judge

tion; Chief Judge

Blackburn's family,

Edward H.

friends, state repre-

Johnson, Georgia

sentatives and senators, Attorney

Judge Harold R. Banke (right) administers the oath of office to Chief Judge Blackburn.

Court of Appeals; and the Honorable

General Thurbert

Griffin B. Bell, for-

Baker, former Attorney General

mer US Attorney General. Senior

Mike Bowers, and trial judges from

Appellate Court Judge Harold R.

throughout the state. Chief Justice

Banke administered the oath of

Benham and justices of the Supreme office to Judge Blackburn.

Court-Related Legislation
The 2001 Session of the General Assembly came to a close on March 21. Governor Barnes now has 40 days to sign or veto measures passed
by the House and Senate. The June 2001 issue of the Georgia Courts Journal will feature a complete listing of
successful court-related measures tracked in the Judicial Legislative Log. See page 5 for a partial listing of successful legislation
affecting the courts.

INSIDE

People, Places & Events pg 2

Georgia Drug Courts

pg 3

Domestic Violence Issues

Highlighted at Capitol

pg 4

Mediation Survey Results pg 6

AOC Receives Funds for

Domestic Violence Issues pg 8

2 Georgia Courts Journal April 2001

People, Places and Events

IN MEMORIAM Judge C. Michael Roach of the Blue Ridge Judicial Circuit died on December 21, 2000. He had served as a superior court judge since July 17, 1991. Judge Roach was a graduate of Georgia State and the University of Georgia School of Law.
Judge William F. Grant of the Northern Judicial Circuit died on December 28, 2000. He had served as a superior court judge since 1977. Judge Grant was a graduate of Brewton Parker Junior College and the Walter F. George School of Law at Mercer University.
Judge Nick Lazaros of the Houston County Magistrate Court died February 4, 2001. He served as a magistrate court judge for over 23 years. Judge Lazaros retired in 1999 and served as a senior magistrate judge.
Judge Ross J. Adams of the Cobb County Magistrate Court died February 26, 2001. He became a magistrate judge in September 1998. Judge Adams was a graduate of the University of Florida and the Washington University School of Law.
RESIGNED Judge Joseph B. Newton, Waycross Judicial Circuit, recently resigned his position as a superior court judge. Judge Newton served on the bench for 18 years.

APPOINTMENTS Judge David K. Smith, Superior Court of the Cherokee Judicial Circuit, was appointed to replace Judge Tom Pope who retired after 22 years of service.
At a swearing-in ceremony held February 2, 2001, Governor Roy Barnes administered the oath of office to Pamela D. South, State Court of Gwinnett County.
COUNCIL OF STATE COURT JUDGES Stephan J. Frank became the Executive Director of the Council of
State Court Judges in January. Mr. Frank is a graduate of Emory University and the University of Stephan J. Frank Georgia School of Law. He serves as a captain in the United States Army Reserve. Mr. Frank says he intends to "work diligently to maintain the admirable reputation that the State Court and entire judiciary of this state have earned." He can be reached at 244 Washington Street, Suite 300; Atlanta, GA 30334; telephone 404-463-6296; fax 404-463-0844; E-mail franks@aoc.courts.state.ga.us

COUNCIL OF SUPERIOR COURT CLERKS NAMES NEW OFFICERS
Jean M. Rogers, President; Constance H. Cheatham, First Vice President; Robert Frank Abbott, Second Vice President; Tom Lawler, Secretary-Treasurer.
The Council of Superior Court Clerks can be contacted at: 1231 Collier Road, NW, Suite J, Atlanta, GA 30318; toll-free 866-458-3119; local 678-222-4266; fax 404-249-8831
MAKE NOTE On May 7-9, 2001, Atlanta will be host to "Crossing Borders: Regional Meetings on Implementing Full Faith and Credit." The meeting will focus on promoting enforcement of domestic violence protective orders, as required by the full faith and credit provisions of the federal Violence Against Women Act. For more information, contact Terry Cobb at 404-656-6693.
"Your Guide to the Georgia Courts" Brochure is Available!
Call 404-656-5171 to Request Copies

April 2001 Georgia Courts Journal 3

Georgia Drug Courts: What Works?

Drug courts are relatively new in the United States. In 1989 the first drug court was started in Dade County, Florida. Since then, more than 500 drug courts have begun and each of the 50 states either has drug courts in operation or in the planning stages.
The proliferation of drug courts has been linked to greater attention to human factors, rather than strictly using incarceration for drug offenses. According to "Looking at a Decade of Drug Courts" published by the Drug Court Clearinghouse and Technical Assistance project in 1998, the appeal of drug courts includes: the more effective supervision of offenders, greater accountability for defendants, greater coordination and accountability of public services, and creation of a more efficient court system by removing minor drug offenders who often return to the system again and again.
Currently Georgia has seven drug courts operating. Five additional counties will implement drug courts using Office of Justice Programs grants. Many of those courts have also received assistance from the Supreme Court Committee on Substance Abuse and the Courts.

Glynn/Camden County Drug Court
The Glynn/Camden County Drug Court has been named as a model program by the State of Georgia, and recently the Department of Justice has selected it as a national model. Judge Amanda Williams of the Brunswick Judicial Circuit presides over the drug court.
Operation
The Glynn/Camden County Drug Court began operation in November 1998 in response to increasing drug availability, use, trafficking, and related crimes in the Brunswick Circuit.
Drug court features a 24-month program divided into four phases, plus a 6-8 week orientation period. Participants must pay $1,000 for their treatment. At least $250 must be paid per phase.
Mr. Wayne Bland, owner/ Director of Recovery Place of

Savannah, provides drug court treatment services on an outpatient basis to the Glynn/Camden County Drug Court.
A Drug Court Team works together to coordinate individual treatment plans, weekly drug court appearances, etc. Members of the team include: the superior court judge, the district attorney, the pub-
lic defender or private defense counsel, the state probation officer, and the drug court program manager.
Screening and Eligibility Once a drug arrest
is made, the district attorney is notified of the arrest. The sheriff also notifies the Drug Court within 24 hours of a drug arrest. The District Attorney determines if the defendant is eligible to participate in the drug court program. If the requirements are met, the defendant enters a guilty plea, signs a contract, and begins treatment. Defendants who do not qualify continue in the regular criminal caseload.
Clinical Screening and Assessments After a defendant signs a con-
tract specifying terms of the treatment program, incentives and sanctions, clinical assessments are con-
continued on pg 7

4 Georgia Courts Journal April 2001

Domestic Violence Issues Highlighted at Capitol

On February 13, 2001, Governor Roy Barnes addressed advocates from all over Georgia who were at the Capitol to lobby for legislation that will promote an end to violence against women. Domestic violence shelter and sexual assault center directors and staff, formerly battered women, Commission on Family Violence Task Force members, Judge Clarence F. Seeliger of the Stone Mountain Judicial Circuit, Judge Nina Hickson of the Fulton County Juvenile Court, Judge Barrett W. Whittemore of Whitfield County Magistrate Court, District Attorney Paul Howard of the Atlanta Judicial Circuit, and concerned citizens and Commission Members were in attendance. The event, held in the Rotunda of the State Capitol, was the community's opportunity to demonstrate unified strength and to send the message, "We won't stop until the Violence STOPS!"
Governor Barnes has shown strong support of the family violence prevention community. This session, the governor lent his support to legislation that will create a Statewide Protective Order Registry.

Safety and justice for victims of violence against women is also being pursued through legislation that will address unemployment insurance for victims of domestic violence, increase penalties for pimping and pandering, and sexual assault reform.
Silhouettes of women and children bearing statistics of violence
against women were displayed in the Rotunda. This project was created and executed by Metro Atlanta Feminists in Action to give voice to women and children who do not have a voice in the legislature due to disability, poverty, language and cultural barriers, or even death.
This event was co-sponsored by the Georgia Commission on Family Violence, Georgia Coalition Against Domestic Violence, Georgia Network to End Sexual Assault; Men Stopping Violence; Tapestri, Inc.; Women's Policy Group;

RAINN; the Partners Against Domestic Violence; Women's Resource Center to End Domestic Violence, Georgia Rural Urban Summit; and Georgia NOW.

Georgia Domestic Violence Statistics

Every 9 seconds a woman is physically abused in the U.S.

26% of murdered women are killed by their husbands or boyfriends.

partners.

In 1998, the Atlanta Journal Constitution reported that 30% of women in Georgia have been physically abused at least once by their

One in six Georgia women between the ages of 15 and 44 has been forced to have sex against her will.

78% of rapes are committed by an acquaintance of the victim.

In Fulton County Juvenile Court, 40-50 children are brought before the court each month in cases involving prostitution.

April 2001 Georgia Courts Journal 5

State of Georgia Court Common Records Retention Schedule
SERIES TITLE: TRAFFIC COURT MISDEMEANOR CASE FILES Schedule Number: 81-SC00501-02 Dates of Series:
Earliest: 1981; Latest: Ongoing
Function Documented: Court adjudication of misde-
meanor traffic citations issued by authorized public safety officers. OCGA Title 40, Chapters 4, 6, 8, & 9.
Consists of: May include documents which are
called or serve as the following: accusation, affidavit, appearance bond, arresting officer's affidavit, bail bond, cash bond, conviction, disposition, fine, indictment, judgment, motion, notice of appeal, notice of arraignment, notification of hearing, order, plea, pleading, sentence, subpoena, summons, uniform traffic citation, waiver, and warrant, or certified copies of the same. Traffic Court felony case files are not included.
Retention: Hold for six years, then destroy.
Calendar...

Successful Court-Related Legislation

HB 810 Applications for Appeal Specifies that the Supreme Court or the Court of Appeals will issue an order granting or denying an appeal within 60 days of the date the application was filed. Effective when signed by the Governor.
HB 175 FY2002 General Appropriations Provides judicial branch appropriations as follows: Supreme Court, $7,382,486; Court of Appeals, $11,143,760; Superior Courts, $92,753,283; Judicial Council, $12,615,386; Courts Automation Commission, $2,500,030.
HB 450 Superior Court Judgeships Creates an eighth superior court judgeship for the Augusta Judicial Circuit; an eighth superior court judgeship for the Gwinnett Judicial Circuit; a fourth superior court judgeship for the Rome Judicial Circuit and a nineteenth superior court judgeship for the Atlanta Judicial Circuit. New judges to be appointed by the governor for terms beginning January 1, 2002 and ending December 31, 2002, except the judge for the Rome circuit will be appointed within 30 days of the date of signing.
HB 302 County Officers: Minimum Salary
Establishes the minimum annual salaries for certain county officers including the clerk of superior court, the probate judge,

the chief magistrate and magistrates. Salaries are based on a scale according to population of the county served. Takes effect January 1, 2002.
SB 50 Record of Proceedings Authorizes the clerk of superior court to maintain civil and criminal records in digital format and to maintain back-up records; provides for electronic collection and transmission of data to the Superior Court Clerks' Cooperative Authority and the Council of Superior Court Clerks and for retransmission to GCIC and the Georgia Courts Automation Commission.
SB 57 Family Violence & Stalking Protective Order Registry
Creates a registry of court protective orders as a centralized database to be maintained by GCIC and linked to the National Crime Information Center Network; access to the registry is intended to aid law enforcement officers, prosecuting attorneys and the courts in the enforcement of protective orders.
SB 270 Setting of Bond Authorizes state and magistrate court judges to set bond for certain parolees or probationers who are charged with a new felony; clarifies that DOC has authority over misdemeanor offenders transferred from out-of-state.

2001 Judicial Council Meetings

Information Kiosk for DeKalb County Juvenile Court

June 14

Kiawah Island

Resort, South Carolina

August 29 Emory Conference

Center, Atlanta

December 14 Atlanta, location TBA

For more information, call LaShawn Murphy at 404-651-6325.

Gregory A. Adams (left), Chief Presiding Judge, DeKalb County Juvenile Court; Vernon Jones (center), DeKalb County Chief Executive Officer; and Al Frazier (left), AOC Accounts Manager view the kiosk now located at the court.

6 Georgia Courts Journal April 2001

Study Finds Support for Mediation in GA Courts

The Georgia Office of Dispute Resolution's recent study on mediation in Georgia's courts has found that litigants and their attorneys who mediate their lawsuits through the state court system feel the mediation process is fair and productive.
Mediation is a process that allows disputes to be resolved with the help of a trained intermediary. Unlike litigation, mediation allows disputants the opportunity to communicate freely and collaborate to create mutually satisfying solutions to their problems. The first mediation program in Georgia was established in Fulton County in 1978. Today, courts in 83 counties throughout the state offer nearly 6 million residents at least one alternate dispute resolution (ADR) process. Most courts in Georgia offer ADR processes only in civil cases, but some are experimenting in minor criminal cases as well.
The study, "Participant Satisfaction Survey of Georgia's Court-Connected ADR Programs" was conducted through the Clayton

Judicial Circuit, Conasauga Judicial Circuit, Ninth Judicial Administrative District, Southern Judicial Circuit, and Third Judicial Administrative District. Litigants, attorneys, and mediators in more than 300 Superior Court civil cases completed surveys immediately after mediations that were held from May to December 1999.
"The survey data confirmed the anecdotal evidence we've had for years that mediation provides a great service to the courts and the citizens of Georgia," said Leila Taaffe, director of the Georgia Office of Dispute Resolution. "Mediation offers people a vastly different process that empowers them to settle their disputes without resorting to trial."
Copies of the full study are available from the Georgia Office of Dispute Resolution, 244 Washington Street, Suite 423, Atlanta, Georgia 30334. Phone 404-463-3788; Fax 404-463-3790; e-mail gaodr@mindspring.com
The study can be downloaded at www.state.ga.us/courts/adr/adrhome.htm

Pro Se Litigant Video for Spanish Speakers

The Judicial Council of Georgia has released a Spanish language

Gua

acPormespeantaonmtei

para el caso

video

version of its video, "I Present My Case." The video is available

to courts, social service agencies, and educational institutions.

The companion guide includes useful information for pro se lit-

igants such as a glossary of terms, suggested legal research

steps, a trial checklist, and hints on case presentation. For more information, contact the AOC Research
Department at 404-651-6326.

lRoSsaeLuupctGgiePudusGemutriearaesdlseaanoooencssscssocahijomaisruaarutirjcspioigeulereddenddrosrieteicboiacddocattiensaoitvrmoolsloaamropposieIaaiaulsnnprronsdotraaibeeessjrrl:tpauapneeyai.mueciurl.ntinoaado.vetr:qao.enjruuyss..tGeda.api.gi.eercl.va.aolei.ecasrs.Sr.ielg.epi:.nifc.naai.trc..ra.jepa..trut.era..ar.ssr..pru:.adi..ao..ic..ric..nada..a..sve..:ou..e..T:.ns....t.r.a.1i..ig..2.1b.a.1..u.9r..n8..7a.3l

Highlights from Mediation Survey:
Nearly all litigants considered the mediation procedures they experienced to be fair;
Parties who helped select their mediator tended to be more satisfied than those who had not;
A majority of the participants indicated that all the issues important to them were discussed and the mediation helped to understand the cause of the conflict and the strengths and weaknesses of their cases;
Attorneys cited mediator effectiveness as a factor in reaching full settlement, and more than 90% said they would use the same mediator;
In cases that failed to settle, about 25% of the parties thought mediation helped them move closer to settlement;
About 14% of attorneys said mediation helped sharpen issues for trial;
About half of the surveyed cases settled fully or partially, and half did not. More than 75% of the cases surveyed involved divorce, custody, visitation, and related issues which judges say are the most troublesome to ajudicate;
A slim majority of parties said mediation was too expensive, and about 1/3 of parties thought mediation was a waste of time.

April 2001 Georgia Courts Journal 7

State of Judiciary Address continued

judges and increased our budget." The Chief Justice noted that "the Supreme Court has the widest jurisdiction of any appellate court in the country. Our Court of Appeals is the busiest in the country. Georgia's Superior Courts handle over 350,000 cases per year, the State Courts over 650,000. The caseload for the Juvenile Courts totals over 150,000, the Probate Courts,100,000 cases, and an astonishing 750,000 for Georgia's Magistrate Courts."
The Chief Justice challenged new members of the General Assembly. "The role that you are

undertaking is not for the timid. It is for those who occupy the moral high-ground." He especially thanked Governor Roy Barnes. "I have been involved in state government for over thirty-three years. I have had experience with every Governor from Lester Maddox to Roy Barnes. Governor Barnes shows a sense of inclusiveness that is unmatched by any other Governor." He also noted help along the way from Speaker Tom Murphy who, "taught me how to be a community servant;" Lieutenant Governor Taylor who, "embraced me when I was running

for the Court of Appeals;" and Calvin Smyre who "has helped to guide and direct me, and to the people of Cartersville, who came to the capitol and kept their homespun character."
"Eight years ago, Chief Justice Harold Clarke spoke to the General Assembly and asked if together we can make a difference. I am proud to report that because of your patronage, and the patronage of the good people of Georgia, the courts are making a difference everyday."

Georgia Courts Directory Corrections
STATE COURT JUDGES Washington County:
Add: Judge Robert W. Wommack, Jr.
114 Myrtha Way PO Box 348 Sandersville, GA 31082 478-552-2150/F 552-2148
Note: Judge W. Alan Thrower is the State Court Judge in Baldwin County, not Washington County.
JUVENILE COURT JUDGES Butts, Lamar, Monroe Counties:
Judge Sharon J. Whitwell Butts County Courthouse 25 Third Street, Suite 15 Jackson, GA 30233-1965

Drug Courts continued
ducted. Assessments include substance abuse history, history of treatment, and other factors.
Treatment Each participant has a treatment
plan created by certified counselors that is updated and reviewed by the judge. Individualized plans include case management and referral to special programs (relationship and family issues, education and vocational training). Drug testing is mandatory. Screens for Hepatitis A and B, HIV, and TB are ancillary benefits that are available while participating in the drug court program.
Sanctions and Incentives Sanctions can range from a ver-
bal admonition from the judge to increased frequency of drug testing to expulsion from the program and

resumption of prosecution of the criminal charge. Incentives include advancing to another phase of the treatment, praise from the judge and peers, and graduation from the program and dismissal of charges.
Graduation To graduate the participant must
successfully complete the 24-month treatment program; have one year of consecutive negative drug screens; have no additional violations; upgrade educational/vocational skills; attend counseling, self-help programs, court status meetings; pay all fees; and perform service to a charity of the participant's choosing.
For more information about Georgia's Drug Courts, contact Sandy Ward at 404-657-4219.

AOC and GA Commission on Family Violence Receive Funds

At a press conference on March 12, 2001, Attorney General Thurbert Baker

Attorneys to obtain $19,400 for a mentoring project involving attorneys and at-risk teens. The AOC

obtaining $50,000 for the Temporary Protective Order Registry. The Women's Resource

announced the distribution of

Center and Gwen Keyes,

$911,425 to organizations in

Solicitor General of DeKalb

Georgia that promote health,

County and member of the

safety, educational and voca-

Equality Commission, obtained

tional interests of women and

$8,600 to produce a series of

girls.

Domestic Violence workshops.

The money comes from a

In addition, the Georgia

multi-state antitrust settlement

Commission on Family

with the Nine West Group

Violence will be disbursing

authorizing each state's

approximately $400,000 of the

Attorney General to determine

Nine West settlement funds to

how the funds are used locally.

DHR-certified domestic vio-

The Administrative Office of the Courts worked with the Supreme Court Commission on

Front row (left to right): Jean Douglas, Gwen Keyes, Jay Martin, Interim Director, AOC; Karlise Grier; Attorney General Thurbert Baker. Back row (left to right): Cynthia Clanton, AOC; Julianna Koob (partially obscured), Commission on Family Violence.

lence shelters throughout the state.
For more information,con-

Equality and the Georgia

also assisted the Georgia

tact Cynthia Clanton, AOC,

Association of Black Women

Commission on Family Violence in

404-656-6692.

Georgia Courts Journal
Administrative Office of the Courts
244 Washington Street, S.W., Suite 300
Atlanta, GA 30334-5900

PRESORT STANDARD U.S. POSTAGE
PAID ATLANTA, GA PERMIT #1880

ROBERT BENHAM Chief Justice
JAY B. MARTIN Interim Director
BILLIE BOLTON Assistant Director, Communications
ASHLEY G. STOLLAR Editor/Graphic Design