Georgia courts journal, Oct. 2001

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Journal
Journal

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Journal

October 2001

Journal

A Publication of the Judicial Council of Georgia

Norman S. Fletcher Sworn in as Georgia's Chief Justice
Leah Ward Sears, Presiding Justice

The Supreme Court of Georgia held an investiture ceremony on June 28, 2001,

a more just state for everyone... if I can do my fair share to strike a fair balance between the needs of socie-

voice for the entire judicial branch, as we seek to turn a good court system into an even better system.

in the House Chambers of the State

ty and the rights of the individual,

Secondly, we must overhaul our

Capitol for Chief Justice Norman S. then I will be proud of my work

fragmented system of providing

Fletcher and Presiding Justice Leah

here."

indigent defense."

Ward Sears.

Chief Justice Fletcher empha-

Outgoing Chief Justice Robert

sized that during his tenure he

Benham welcomed an assembly

would work hard toward these

of the Justices of the Supreme

two goals. "I believe they are

Court; Chief Judge G. Alan

worthy goals, that attaining these

Blackburn and members of the

goals is the right thing to do," he

Court of Appeals; Lt. Governor

said.

Mark Taylor; former Governor

A reception honoring Justices

Joe Frank Harris; and others.

Fletcher and Sears was held in

Presiding Justice Sears was

the Floyd Building following the

introduced by Mr. Bernard Smith; Presiding Justice Sears Justice George C. Smith adminis-

Chief Justice Fletcher investiture.

tered the oath of office. In her

Chief Justice Norman S.

remarks, Justice Sears reflected on the support of friends, family, and

Fletcher was introduced by former Chief Justice Willis B. Hunt, Jr. and

INSIDE

colleagues. The new Presiding Justice spoke of the challenges the

Mr. Robert M. Brinson. The Honorable Walter J. Matthews

People, Places & Events pg 2

Supreme Court of Georgia faces, the administered the oath of office.

David L. Ratley Named

principles engendered since child-

Chief Justice Fletcher noted goals

AOC Director

pg 2

hood that guide her decisions daily, and the opportunity to make a difference in her new capacity.
"If in the course of my time on

for his term, "my vision has two primary goals. First to turn the Judicial Council into the strong, unified body that it should be, promul-

Judicial Council Reports pg 3

Report of the Blue

Ribbon Commission

pg 4

the court I can help Georgia become gating policy and speaking with one

Awards of Excellence

pg 5

For the full text of remarks by Chief Justice Fletcher and Presiding Justice Leah Ward Sears, go to www2.state.ga.us/courts/supreme

Directory Corrections

pg 6

Legislative Tracking

pg 7

2 Georgia Courts Journal October 2001
David L. Ratley Named AOC Director

The Judicial Council of Georgia announced its recommendation of Mr. David L. Ratley as director of the Administrative Office of the Courts at its June 13th meeting at Kiawah Island, South Carolina. A search committee had been working to fill the position formerly held by George Lange, III. The Council voted unanimously to adopt the recommendation. Mr. Ratley assumed his duties in Atlanta on August 16, 2001.
Mr. Ratley served as the District Court Administrator for the Third Judicial Administrative District

since

December

1976. In this

capacity, he

worked

closely with

judges of the

superior

courts, clerks

of court, and other court

David L. Ratley

personnel on a wide range of admin-

istrative matters. Mr. Ratley is a

past president of the Georgia

Council of Court Administrators and

currently serves on that organiza-

tion's Executive Committee. He is a

People, Places and Events ...

APPOINTMENTS In a ceremony held on July 18, 2001, Tami P. Colston was sworn in as a Superior Court Judge of the Rome Judicial Circuit. William O'Neal Dettmering, Jr. was sworn in as a State Court Judge for Douglas County at the same ceremony.
George C. Foster was appointed State Court Judge for Decatur County.
Jackson E. Cox was sworn in as Solicitor-General of Burke County on July 28, 2001.
DISTRICT ADMINISTRATIVE JUDGE Judge Michael E. Hancock was elected as District Administrative Judge for the Fourth Judicial Administrative District

GAULT ATTENDS CTC7 Judge Stan Gault of the BellForsyth Judicial Circuit attended the seventh Court Technology Conference sponsored by the National Center for State Courts in Baltimore, Maryland, on August 1416. The theme of the conference was "Witness the Future." It provided an opportunity for 3,000 judges, attorneys, court administrators, and technology specialists from around the world to share information on the latest developments in court-related technology.
Judge Gault's attendance was supported by a scholarship awarded by the State Justice Institute (SJI), a non-profit organization established by Federal law to improve the quality of justice in state courts nationwide. More information about the Institute is available on the SJI web site (http://www.statejustice.org).

graduate of Mercer University and holds a Masters in Public Administration from the University of Georgia. Mr. Ratley is also a Fellow of the Institute of Court Management of the National Center for State Courts.
JQC Opinion
JQC Opinion Number 234 Docket Number 01-80
The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether a non-sworn employee of a city police department, who only performs clerical duties and does not perform any duties of a police officer, can serve as a Magistrate judge in another county.
In Opinion Number 101, the Commission concluded that any employee of a law enforcement body is disqualified by conflict of interest from serving as a Magistrate.
In the facts presented in this Opinion, the Commission concludes that the mere fact that the employee works for a law enforcement body in a county different from the county in which they would serve as a Magistrate judge will not change the fact that a conflict of interest would exist and therefore the employee would be unable to also serve as a Magistrate.
This 26th day of June, 2001 Judicial Qualifications Commission By: Jerry B. Blackstock, Chair

Judicial Council Meetings

October 2001 Georgia Courts Journal 3

At meetings of the Judicial Council

Probate Court. Certificates were

caseload standard. The Council

of Georgia held during the summer,

presented to Judge Robert Mallis

voted on each judgeship request,

the following actions were taken:

and Judge Barrett Whittemore who

approving only the Alcovy Circuit's

were completing their terms.

request.

June 13 Meeting.

Presiding Justice Fletcher presented

The first order of business was

Chief Justice Benham with a certifi- Secretary, Treasurer Nominations.

recommendation of Mr. David L.

cate for eight years of service on the Judge Jim Thurman was elected sec-

Ratley for the post of Director of the Judicial Council.

retary. Presiding Judge J.D. Smith

Administrative Office of

was elected as treasurer.

the Courts (AOC). The Council approved the recommendation.

The Chief Justice has named a budget committee to work on the annual judi-

From the Council of

cial branch budget. Judge

Superior Court Judges,

J.D. Smith is Chair; Judge

Judge Carlisle Overstreet

Jim Morris is Vice Chair;

introduced two resolutions.

members include Judges

The first resolution pro-

Clayton, Buttrill,

posed that a secretary and a

McWhorter, Overstreet, and

treasurer be elected as addi-

Thurman.

tional officers of the

Judicial Council. The second resolution would require courts and judicial agencies to submit summaries of general legislation that they intend to propose or support to the AOC for

Judges of the Judicial Council of Georgia
Standing (l-r): Judge Walter Matthews; Judge Richard Winegarden; Judge Tommy Day Wilcox; Judge John Salter; Judge William Bartles; Judge H. Arthur McLane; Judge James F. Morris, Judge Carlisle Overstreet; Judge Michael Karpf; Judge Michael E. Hancock; Judge Philip Taylor; Judge Robert James; Judge Hal Craig; Judge Jim Thurman; and Judge Del Buttrill.
Seated (l-r): Judge Darin McCoy; Presiding Judge J.D. Smith; Chief Judge G. Alan Blackburn; Judge Melodie Clayton; Chief Justice Norman S. Fletcher; Presiding Justice Leah Ward Sears; Judge Elizabeth Long; Judge T. Penn McWhorter; and Judge W.C. McMillan, Jr. 8/29/01

Budget Review. Presiding Judge Smith explained the purpose of the Budget committee as 1) making the budget process more inclusive to all courts; 2) developing policies, processes,

preparation of a judicial impact statement. Resolution One passed unanimously. Resolution Two carried with four opposed.

August 29 Meeting. Chief Justice Norman Fletcher recognized the new council members: Presiding Justice Leah Ward Sears,

and deadlines for budget preparation; 3) determining which items properly belong in the judicial budget.

A proposal to appoint the President and President-Elect of the Council of Municipal Court Judges to the Judicial Council failed.
Chief Justice Benham recognized the new members attending: Judge William Bartles, Henry County Juvenile Court; Judge Melodie Clayton, State Court of Cobb County; Judge Carlisle Overstreet, Augusta Judicial Circuit; and Judge Darin McCoy, Evans County

Supreme Court of Georgia; Judge Michael Hancock, Stone Mountain Judicial Circuit; and Judge Philip Taylor, Cobb County Magistrate Court.
Judgeship Requests. Holly Sparrow reviewed judgeship chart figures for four requesting circuits: Alcovy, Atlanta, Brunswick, and Cherokee Circuits. Only the Alcovy Circuit qualified for an additional judgeship based on the weighted

As recommended in June, the Administrative Office of the Courts will now develop judicial impact statements on how proposed legislation may affect judges, the courts, and budgets. Legislation will be tracked through an Internet-based system which judges and the public may access. (See related story, page 7)
Mr. Ratley reported that Mr. Robert Tobin, National Center for

continued on pg 5

4 Georgia Courts Journal October 2001
Report of the Blue Ribbon Commission

The Supreme Court of Georgia's Blue Ribbon Commission on the Judiciary issued its report "Georgia Courts in the 21st Century" on May 29, 2001. The Commission was created on March 1, 1999, to consider the "structure and organization of the courts as they relate to efficiency and effectiveness in the dispensation of justice." The Commission consisted of twenty members including current and former judges, lawyers, and private citizens. Former Supreme Court Justice Hardy Gregory, Jr. served as the chair.
The Commission reviewed previous reports from Georgia and from other states that have undertaken similar studies. Also in assessing the condition of the state's judiciary, the Commission made a determined effort to involve those Georgians most associated with the day-to-day working of the state's courts.
Letters were sent to members of the judiciary, clerks of court, court administrators, district attorneys,

solicitors-general, and public defenders. Three questions were posed in the letters sent by the Blue Ribbon Commission: How can courts ensure ready access and quality treatment and service in all aspects of the judicial process? How can courts create an effective response to societal violence? How can a coherent state-wide system be established to keep pace with technology's impact on society and the courts?
Though the responses varied in their particulars, eight central themes emerged for consideration: 1. Trial court structure and process; 2. Appellate court structure and
process; 3. Impact and potential of tech-
nology on and in the judiciary; 4. Means of enhancing the
effectiveness and efficiency of juries; 5. New tools for judges in the administration of justice; 6. Ways to attract and retain

excellent personnel in judicial service; 7. Methods of making courts more user-friendly to litigants, witnesses, juries, and the public; 8. Greater financial resources for the judicial branch.
While the Blue Ribbon Commission report recommends a variety of ways the judiciary can be improved, as Justice Gregory put it, "...the Commission has become convinced that the judicial needs of Georgians are being well served. Although each recommendation of the Commission is submitted in the belief that its implementation will result in the incremental enhancement of our judicial system, the Commission has concluded that there is no need for sweeping revision of the structures and processes of our courts."
For the full text of the Blue Ribbon Commission's report "Georgia Courts in the 21st Century," go to www2.state.ga.us/Courts/Supreme/ Blueribbon.htm

Court Technology Conference Attendees

Among those attending the Court Technology Conference in Baltimore on August 13-16 were David L. Ratley, Jay B. Martin, Holly Sparrow, Marla Moore, Vince Harris, Greg Arnold, and Ashley Stollar, all of the Administrative Office of the Courts;
Sherie Welch, Supreme Court Clerk; John Ruggeri, Court of Appeals; Jerry Garland, George Nolan, Michael Neuren, all of GCAC; Richard Reaves, ICJE;
Molly Perry and Michael Cuccarro, Council of Superior Court Judges;

Superior Court Judges: Judge Harry Jay Altman, Judge David Emerson, Judge Stan Gault, Judge Michael Karpf, Judge Samuel Ozburn, and Judge John C. Pridgen;
Stephan Frank, Council of State Court Judges; State Court Judge Harold Benefield;
Judge M.T. Walker, Robert E. Bray, Mattie Thompson, Chester Lawrence, Nancy Tucker, and Preston Stephens, all of the City Court of Atlanta;
District Court Administrators: John Cowart, Judy Cramer, Danny DeLoach, Jody Overcash;

Court Administrators: Barry Champion, Mike Rary;
Court Clerks: Frank Abbott, Joanne Caldwell, Juanita Hicks, Tom Lawler, Jean Rogers, Brenda Smith, and Barry Wilkes;
Website Consortium Members: Professor Rebecca Davis and Ms. Nakisha Paul of Georgia Southern University; Professor David Gibbon, Valdosta State University; Mr. Ken Honea, Kennesaw State University.

October 2001 Georgia Courts Journal 5
Council of Court Administrators Presents 2001

Awards of Excellence

Aceremony held in the courtroom of the Supreme Court of Georgia on July 26, 2001, recognized selected metropolitan Atlanta courts for their efforts at providing better access to, increased effectiveness of, and greater efficiency within their courts.
Chief Justice Norman S. Fletcher welcomed those attending the ceremony. Robert E. Bray, President of the Georgia Council of Court Administrators, presented the awards.
Awards of Excellence Superior Court of Fulton County/Municipal Court of Atlanta -- developed the first intergovernmental collaborative program for use of technology to improve the reporting of case dispositions.
Fulton County Superior Court -- the court's Alternative Dispute Resolution Office currently provides seminars and videos in Spanish for those involved in the court's domestic and family law program; a selfhelp center provides information to citizens who cannot afford an attorney. Services include: legal packets and forms, attorney consultations,

reference materials, referrals to legal and community services. Clayton County Superior Court -- Lack of adequate court facilities lead to the design of a new justice center for the Clayton County judicial community. The Harold R. Banke Justice Center opened in September 2000 and provides the community with a state-of-the-art courthouse that features comfortable, effective, and efficient access for all citizens.
Clockwise from left: Mr. Bob Bray presented the Awards of Excellence and 2001 GCCA Program of the Year; Judge Michael P. Baird, Clayton County Magistrate Court, accepts the Program of the Year Award; the Harold R. Banke Justice Center in Clayton County.

State Court of Fulton County -- The court's E-filing process uses information technology to effectively manage the overwhelming number of documents it must work with. Attorneys are able to file court documents 24 hours a day, seven days a week.
GCCA Program of the Year Magistrate Court of Clayton County -- This court's streamlining project combined the resources of the magistrate court, the SolicitorGeneral, Special Assistant Attorney General, Department of Family and Children Services, the Child Support Recovery Unit, and the Office of District Attorney to expedite compliance with child support orders. The children of Clayton County are primary beneficiaries of this program.
Judge Michael P. Baird accepted the award on behalf of the court and county and recognized staff of the various offices who participated in the project.
Please Recycle

Judicial Council Meetings continued

State Courts, will be consulting with the AOC as will Dr. Hugh Collins, Louisiana State Court Administrator. The programs to be reviewed are: Child Placement Project, Equality Commission, Commission on Substance Abuse and the Courts, Courts Automation Commission,

Commission on Public Trust and Confidence, Commission on Family Violence, Indigent Defense Commission, Office of Commission and Programs, Office of Dispute Resolution, and Commission on Professionalism. The study will determine how these groups func-

tion and address how they might be best organized to benefit the entire court system.
The next Judicial Council meeting will take place on December 14, 2001 at the Westin Peachtree Plaza in Atlanta.

6 Georgia Courts Journal October 2001

2001-2002 Georgia Courts Directory Corrections
Some information ran incorrectly or was inadvertently left out of the 2001-2002 Georgia Courts Directory. Please note these corrections.

SUPERIOR COURTS Southwestern Circuit Chief Judge R. Rucker Smith 229-928-4554/F 928-4552
STATE COURTS Dougherty County Judge John Salter salterjohnsalter@netscape.net
Hall County Chief Judge Charles S. Wynne
Henry County Judge Ben Studdard, III b.studdard@co.henry.us
Liberty County Judge Leon M. Braun, Jr. FAX 912-876-8088 Lbraun@clds.net
Lowndes County Judge Kelly D. Turner 229-671-2600/F 671-3441
Washington County Judge Robert Wommack, Jr. 114 Myrtle Way
JUVENILE COURTS Atlanta Circuit Judge David Getachew-Smith 404-335-2739
Blue Ridge Circuit: Municipal Court of Woodstock Judge John B. Sumner 90 North Street, Suite 230 Canton, GA 30114 770-479-2198/F 479-2870
Cordele Circuit Judge T. Chris Hughes Judgechughes@home.com

Lookout Mountain Circuit Judge J. Michael Giglio PO Box 1600 Ringgold, GA 30736 706-935-4901/F 935-4909
Piedmont Circuit Judge Kevin J. Guidry PO Box 628 Winder, GA 30680-0628 770-307-0048/F 307-4522

Rabun County Delete: Judge Frank Sutton Add: Judge Randal McDonald PO Box 1226 Clayton, GA 30525-1226 706-782-5280/F 782-1391
Sumter County Judge Shirley S. Duke Judge Connie W. Johnson 229-928-4524/F 928-4527

Southwestern Circuit Judge Lisa C. Jones 229-928-4569/F 924-3312
Tallapoosa Circuit Delete Assoc. Judge Jason T. Shwiller
PROBATE COURTS Sumter County Judge Judy Reeves 229-928-4551
MAGISTRATE COURTS DeKalb County Add: Judge Joan F. Roach 134 Lamont Drive Decatur, GA 30030 404-370-1691
Evans County Judge Alvin N. Lewis Judge JoAnna E. Purvis 912-739-3745/ F 739-8856
Fulton County Judge Ronald J. Freeman FAX 404-873-2311 Attyrjf@aol.com
Judge R. David Ware 230 Peachtree Street, Suite 2400 Atlanta, GA 30303-1515 404-525-8622

Wilkes County Delete: Judge Phyllis B. Scarborough
MUNICIPAL COURTS Abbeville Judge Alec Glenn Dorsey 215 S. Depot Street Abbeville, GA 31001 229-467-3201/F 467-3202
Dalton Delete: Judge Steven Fain Add: Judge Pro Tem. Philip F. Woodward PO Box 6009 Dalton, GA 30722-6009 706-270-8870/F 270-8873
Ivey, McIntyre Judge Jon Philip Carr
Marshallville Add: Judge Randy E. Wynn PO Box 8812 Warner Robins, GA 31095 912-923-7017/F 923-1371
Sparta Delete: Judge Edith Ingram Add: Judge Jon Philip Carr
DISTRICT COURT ADMINISTRATORS District 3 Add: Greg Jones

October 2001 Georgia Courts Journal 7
New Judicial Council Policy -- Legislative Tracking

In response to requests by made the Legislative and Executive branches, the Judicial Council adopted a resolution at its meeting on June 13 to create a single point of contact for court-related legislation.
This resolution requires that courts who are members of the Council or agencies seeking funding whose budget is administered through the Council must submit a summary of all general legislation the group will seek to have introduced or will support in the upcoming legislative session. The Administrative Office of the Courts will develop a Judicial Impact Statement on designated court-related measures. Prior to each legislative session, the Judicial Council will discuss specific proposals and make recommendations to the Executive and Legislative Branches.
Ms. Debra Nesbit, Special Assistant to the Director for

Legislative and Governmental Affairs, demonstrated the new legislative tracking procedure, and discussed its implementation, at the Judicial Council's August meeting. Chief Justice Fletcher noted that in this first year of legislative tracking, ideas and procedures will be developing. Evaluation and improvement of the legislative tracking project will be ongoing, and the Council and AOC welcome any suggestions from those using the system.
Judicial Impact Statements Ms. Nesbit will be responsible
for responding to requests for information and gathering input from the various councils and groups represented on the Judicial Council. Judicial Impact Statements will identify fiscal impact as well as potential effect on the court system.
Bills may be studied at the request of a judge, council member, or legislator. A general analysis of

each bill will be compiled from responses of a Legislative Action Group, which will include representatives from the appellate courts, trial courts, judges' council staff, court administrators, jury commissioners, clerks, and others.
Information on the Web The AOC will introduce an
Internet-based tracking system which will include daily reports of events at the legislature; a subject matter index of bills carried over from the preceding year; First Reader information; and brief analysis of each bill.
See www.georgiacourts.org for a preview of the legislative tracking system.
For more information, contact Debra Nesbit at 244 Washington Street, SW; Suite 300; Atlanta, GA 30034; 404-651-7616; nesbitd@aoc.courts.state.ga.us

Directory Corrections cont.

COURT ADMINISTRATORS Southwestern Circuit -- Superior Pamela T. Woodard PO Box 784 Americus, GA 31709 229-928-4553/F 924-3312 pamwoodardcca@yahoo.com
Muscogee County -- Juvenile Court Mona Boutwell PO Box 2145 Columbus, GA 31902-2145 706-653-4370/F 653-4355
DISTRICT ATTORNEYS Western Circuit Ken Mauldin kenmauldin@co.clarke.ga.us

SOLICITORS-GENERAL Bryan County Ray Smith 10153 Ford Avenue Richmond Hill, GA 31324-3915
Burke County Jackson E. Cox 540 Liberty Street Waynesboro, GA 30830 706-437-0464
Cherokee County 770-720-6329/F 720-6362
SUPERIOR COURT CLERKS Colquitt County 229-616-7420/F 616-7029

Sumter County 229-928-4537/F 928-4539
Turner County 229-567-2011
Union County 706-439-6022/F 439-6026
JUVENILE COURT CLERK Lowndes County 229-242-2211
Lee, Macon, Schley, Stewart, Sumter & Webster Counties Delete: Mary M. Crawford Add: Jill M. Lamb PO Box 784 Americus, GA 31709 229-928-4569/F 924-3312

400 Attend Family Violence Conference
The Georgia Commission on Family Violence hosted its 9th annual conference on August 23 & 24 at Callaway Gardens in Pine Mountain: "Safety for Women or Children: We Shouldn't Have to Choose." Over 400 participants from various disciplines attended the conference. Mr. David Berns, director of El Paso County Human Services, delivered the keynote speech. Guest speakers included Justice Robert Benham, Supreme Court of Georgia; Judge Duncan Wheale, Augusta Judicial Circuit; and Cathey Steinberg, Statewide Insurance Advocate. The 3rd Gender Justice Award was presented to Dr. Julia Perilla of TAPESTRI and Georgia State University.
Composite Photograph: Justice Robert Benham spoke at the August 23 luncheon (upper right); Cathey Steinberg, Julianna Koob, and Judge Clarence Seeliger, (bottom); Attendees listen to the keynote speech by Mr. David Berns (background).

Georgia Courts Journal
Administrative Office of the Courts 244 Washington Street, S.W., Suite 300 Atlanta, GA 30334-5900
NORMAN S. FLETCHER Chief Justice
DAVID L. RATLEY Director
BILLIE BOLTON Senior Communications Officer
ASHLEY G. STOLLAR Editor/Graphic Design

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