Georgia courts journal, Nov. 2005

G G

G
Journal
Journal

G

November 2005

Journal

JJoouurrnnaall

A Publication of the Judicial Council of Georgia

Judicial Council Approves Circuit Split and Judgeships

The Judicial Council of Georgia considered requests for new superior court

5. Dublin (3rd judge) 6. Cobb (10th judge) 7. Southern (6th judge)

judgeships at

8. Gwinnett

its August

(10th judge)

meeting.

9. Enotah

After review-

(3rd judge)

ing caseload

10. Alapaha

data for the

(3rd judge).

twelve requesting circuits, the

Carry-Over Requests

Council

Five of the

approved the following requests in

Judge Doris Downs and Judge Hal Craig consider their ballots during the August meeting. Dr. Greg Arnold (standing) presented the judgeship study data.

ten recommended judgeships were carry-overs from

order of priority:

the Council's actions in 2004. The

Cobb, Coweta, Dublin, Gwinnett

1. Houston (3rd judge)

and Southern circuit requests were

2. Blue Ridge (3rd judge)

included for ranking purposes only.

3. Coweta (6th judge)

Superior court judgeships are

4. Paulding (3rd judge)

created by the General Assembly.

Sign Language Seminar Held

On October 11-12, 2005, the Georgia Commission on Access and Fairness in the Courts (GCAFC) hosted the first court sponsored seminar for sign language interpreters. The two day workshop was held at the Administrative Office of the Courts (AOC) Training Center in Macon.

Over 20 freelance sign language interpreters, students, and providers attended.
Interpreters for the Deaf
Ms. Catherine Thomas of California and Ms. Diane Fowler of Georgia, both legal trained certified
continued on pg 5

Effective dates are set forth by

statute and funding is authorized at

the time

the posi-

tions

become

effec-

tive. In

the 2005

session

Presiding Justice Carol Hunstein reviews the material as Chief Judge John H. Ruffin, Jr. announces the results of judgeship ballots.

the General

Assembly added judgeships in the Appalachian, Cherokee, Flint, Gwinnett and Southern judicial circuits. These judgeship appointments will be made by the Governor for terms beginning January 1, 2006.
continued on pg 3

INSIDE

People, Places & Events pg 2

Hunstein Speaks to

Magistrates

pg 3

Trends in Superior

Court Filings

pg 4

Child Placement Seminar pg 6

Directory Corrections

pg 7

Chief Justice Swears-in

Lawyer Mentors

pg 8

2 Georgia Courts Journal November 2005
People, Places and Events ...

In Memoriam
F Judge Kathy Tyler, Probate Court of Jasper County, died on September 1, 2006. Judge Tyler was elected to the bench in 1992. Probate Court Clerk Linda Mock has been appointed to serve as judge until a special election can be held.
F Mr. Donald A. Starling, Solicitor-General of Coffee County, died suddenly on October 2, 2005. Mr. Starling became SolicitorGeneral in January.
F Judge Grace D. Garland of Thomasville died on November 15, 2005. Judge Garland was Thomas County's first Chief Magistrate, serving 20 years in that capacity until her retirement on January 1, 2005.
Honors
F Chief Justice Sears received the Atlanta Bar Association's annual leadership award at a luncheon on Tuesday, November 1, 2005. The Atlanta Bar award is presented to members who inspire others by their work in the profession.
F On October 22, 2005, Judge Aaron Cohn, Juvenile Court of Muscogee County, was awarded the University of Georgia's Bill Hartman Award, given each year to a former UGA athlete who has excelled after graduation. Judge Cohn played tennis for UGA from 1935-1937 and is currently the longest-serving juvenile court judge in the nation.

Transitions
F Judge Virginia Andrews, Probate Court of Worth County, has announced her retirement on December 31, 2005. Judge Andrews has served twenty-five years on the bench. Chief Clerk Sheryl Hall will assume the judge's duties until a special election can be held to fill the unexpired term.
F Judge M. Gino Brogdon, Atlanta Judicial Circuit, has announced his resignation effective December 9, 2005. Judge Brogdon was appointed by Gov. Roy Barnes in July 2002. He served on the Fulton County State Court prior to his appointment to the superior court bench.

F Assoc. Judge Sharon Hill, Juvenile Court of Fulton County, has left the bench to serve as executive director of the Georgia Appleseed Center.
F Mr. Nolan Martin, Eighth District Court Administrator, began work in August as the administrator for Indigent Defense Services with the Georgia Public Defender Standards Council. Mr. John Fitzner, III, is the new Eighth District Court Administrator.
F Ms. Molly J.M. Perry has been named Executive Director of the Criminal Justice Coordinating Council by Gov. Sonny Perdue. She began her new duties on October 1, 2005 after more than 25 years serving the Georgia court system. Ms. Perry joined the staff of the Administrative Office of the Courts in 1977 after completing her bachelor's degree at Miami University, Oxford, Ohio. Since 1993, she has served as executive director of the Council of Superior Court Judges.

Mr. Cowart Honored for 20 Years as DCA
F Judge A. Wallace Cato (right), South Georgia Circuit, presents a plaque to Second District Court Administrator John Cowart recognizing his twenty years of service to the courts of Southwest Georgia. Mr. Cowart was named to the position on June 1, 1985.
The presentation was made on August 25, 2005.

November 2005 Georgia Courts Journal 3
People, Places and Events ...

F Mr. Victor Webb retired from

the Administrative Office of the

Courts on

September 30,

2005. Mr.

Webb began

with the AOC

in October

1977 as Fiscal

Officer and

Mr. Victor Webb

ended his career as an IT Field

Service Technician in the 2nd JAD.

Appointment
F On November 3, 2005 Governor Sonny Perdue announced the appointment of Mr. Jeffery H. Kight as Solicitor-General of Coffee County.

Administrative Office of the Courts Staff Notes
F Mr. Bob Bray was named Associate Director of Planning and Development on October 1, 2005.
F Ms. Tresha Eaglin was named Assistant Director for Training on October 1, 2005.
F Mr. Chris Patterson joined the AOC as Assistant Director for Judicial Liaison on September 1, 2005. Mr. Patterson's professional experience includes employment at the Fulton County Superior Court Pretrial Division, the Georgia Department of Juvenile Justice, and the 21st Judicial District of Kansas.

Justice Hunstein Speaks to Magistrates on Disability
Issues

Presiding Justice Carol Hunstein (right) spoke to Georgia chief magistrates and others on "Access and Disability Issues in the Court" at a training session held in Peachtree City on November 2, 2005.
Justice Hunstein has chaired commissions and committees on issues related to gender, racial and

ethnic bias in the courts for more than fifteen years. She now chairs the Supreme Court Commission on Access and Fairness in the Courts.
Justice Hunstein related her personal experiences as a young mother who struggled with serious illness and resulting disability in pursuing a legal career.

IT Conference
F Staff of the AOC Information Technology Section attended an educational retreat at Unicoi State Park on October 4-6, 2005. Mr. Tom Clarke of the National Center for State Courts addressed the group regarding national initiatives in court technology and their implications.
Invited guests from the Department of Corrections, Board of Pardons and Paroles, Department of Public Safety and trial and appellate courts had an opportunity to interact with AOC staff regarding possible collaborations via e-filing and data sharing technologies. A demonstration of the State of Florida Judicial Information System was presented by Metatomix.
For further details on the conference, please contact Mr. Jorge Basto or Mr. Byron Branch of AOC Information Technology.
Judicial Council Recommendations cont.
Circuit Split Approved
The Council also approved a request from the Alcovy Judicial Circuit for creation of a fiftieth circuit. Newton and Walton counties would each become separate circuits, if authorized by the General Assembly. The circuit split is needed because of population and caseload growth in the two counties.

4 Georgia Courts Journal November 2005

Trends in Superior Court Filings ...

The superior courts of Georgia reached an historic high for total filings in calendar year 2004. Total filings have increased gradually since 1995 and now stand at 366,132. Criminal filings have remained steady, totalling 130,000 in 1995 and 135,000 in 2004. Criminal filings represent 37% of total filings in Superior Court.
Domestic Relations Filings
Although domestic relations filings have fluctuated over the past ten years, filings for 2004 (150,842) are almost identical to the number of filings for 2000 (151,398). Domestic relations filings currently represent around 41% of the total filings for superior courts in Georgia.
In 2003, a marked decrease in domestic relations filings contributed to the slight decrease in total filings. Criminal filings for 2003 were virtually unchanged from the previous year. A substantial increase in general civil filings, however, resulted in a smaller decrease in total filings.
General Civil Filings
Over the ten-year period, general civil filings have increased substantially. The increase is reflected in the annual increase of general civil filings from 2000 (58,864) to 2004 (80,087). General civil filings represent only 22% of the 2004 total superior court filings. The trends are strikingly similar for total filings and general civil filings.
Future Trends
If current trends continue, criminal filings will remain stable, while domestic relations filings will remain unpredictable. Domestic relations have represented over 40% of all filings for almost ten years. Since total filings have increased over the past five years at an average rate of 2% per year, the estimated number of Superior Court filings for 2009 is 404,239 filings.
For more information on caseload filing trends, please contact Dr. Greg Arnold, AOC Assistant Director for Research, at 404-656-5171.

Total Filings
1995 . . . . . . . 308,872 1996 . . . . . . . 328,290 1997 . . . . . . . 333,001 1998 . . . . . . . 340,573 1999 . . . . . . . 331,616 2000 . . . . . . . 343,167 2001 . . . . . . . 348,530 2002 . . . . . . . 356,548 2003 . . . . . . . 354,882 2004 . . . . . . . 366,132
Domestic Relations Filings
1995 . . . . . . . 134,800 1996 . . . . . . . 148,246 1997 . . . . . . . 139,453 1998 . . . . . . . 143,495 1999 . . . . . . . 145,145 2000 . . . . . . . 151,398 2001 . . . . . . . 152,291 2002 . . . . . . . 156,478 2003 . . . . . . . 146,325 2004 . . . . . . . 150,842
General Civil Filings 1995 . . . . . . . . 54,650 1996 . . . . . . . . 57,788 1997 . . . . . . . . 62,816 1998 . . . . . . . . 63,187 1999 . . . . . . . . 59,881 2000 . . . . . . . . 58,864 2001 . . . . . . . . 61,707 2002 . . . . . . . . 68,372 2003 . . . . . . . . 76,504 2004 . . . . . . . . 80,087

... 1995 - 2004
Figure 1. Total Filings
400,000

360,000

320,000

300,000

1995 1996

1997 1998

1999 2000 2001

2002 2003 2004

160,000

Figure 2. Domestic Relations Filings

150,000 140,000

130,000

1995 1996

1997 1998

1999 2000 2001

2002 2003 2004

Figure 3. General Civil Filings
80,000

70,000 60,000

50,000

1995 1996

1997 1998

1999 2000 2001

2002 2003 2004

November 2005 Georgia Courts Journal 5
Sign Language
Seminar cont.
sign language interpreters served as instructors for the workshop. The attendees were briefed on Registry of Interpreters for the Deaf Code of Ethics, the Georgia Code of Professional Responsibility for Court Interpreters, and the National Center for State Court Model Code for Interpreters. Rules of professionalism, legal procedures, and terminology were discussed.
The need for trained interpreters: those certified by the Registry of Interpreters for the Deaf (RID) and the National Association for the Deaf (NAD) continues to increase. The Commission's primary focus is to make Georgia courts more accessible to all court-users.
The sign language seminar received exemplary commendations from participants and future programs will be offered by the commission. WMGT-TV of Macon covered the proceedings which were featured as an evening news story.
For more information, contact Ms. Stephanie Chambliss at chamblis@gaaoc.us or by phone: 404-656-5171.
Disability Guide
for Courts
To order a copy of the Disability Guide for Courts, Contact Stephanie Chambliss, 404-656-5171 or chamblis@gaaoc.us

6 Georgia Courts Journal November 2005

Child Placement Conference Held in Augusta

Judge Michael Key, Troup County Juvenile Court, delivered a moving address to the more than 500 child protective case managers, service-providers, group home workers, attorneys, judges and child advocates attending the Sixth Annual Child Placement Conference held in Augusta, November 7-9, 2005,
Child Support
Guidelines
Hearings
Aseries of public hearings have been planned regarding proposed changes in Georgia's Child Support Guidelines. These hearings will give the public an opportunity to comment on proposals and recommendations that will be presented to the Legislature. The first hearing will be webcast on www.georgiacourts.org
December 5, 2005 6:00 - 8:00 p.m. GPTV Studios, Atlanta
December 12, 2005 6:30 - 8:30 p.m.
Cunningham Center, Columbus
December 13, 2005 6:30 - 8:30 p.m.
Albany State University, Albany
December 19, 2005 6:30 - 8:30 p.m.
Georgia Coastal Center, Savannah
For more information, contact Ms. Jill Radwin, AOC, at 404-463-1849.

Judge Key compared his own

emotions upon suddenly entering

the medical system following his

heart attack

to the

uncertainty,

confusion

and terror a

child expe-

riences

when

plunged

into the

Judge Michael Key

foster care system.

He urged the group to embrace the

reform efforts currently underway in

Georgia with enthusiasm. Judge

Key stressed that he will never

again feel as secure as he did prior

to his heart attack, nor will the

Georgia children who are removed

from their homes.

Judge Key, a leader in the state's child welfare reform efforts, currently serves on the Board of Trustees of the National Council of Juvenile and Family Court Judges and is a past-president of the Georgia Council of Juvenile Court Judges.
Other Georgia juvenile court judges participating in the Child Placement Conference training sessions: Judge Steve Teske
Clayton County Juvenile Court Judge Peggy H. Walker
Douglas County Juvenile Court Judge Thomas Britt Hammond
Toombs Circuit Juvenile Courts Judge Tom Rawlings
Middle Circuit Juvenile Courts Judge John W. Beam, Jr.
Chatham County Juvenile Court

Dutch Judges Visit Georgia

Three judges from Amsterdam are pictured at a briefing on the Georgia court system held in September at the AOC. The group of court officials from the Netherlands came to the States under the sponsorship of the International Judicial Academy in Washington, DC. Their time in Georgia was planned by the Institute of Continuing Judicial Education and included stops at trial courts in the area.

From left to right: Mr. A.H. (Bert) van Delden, Chairman, Council on the Judiciary; Mrs. W. (Wil) Tonkens-Gerkema, Chair, Dutch Association of the Judiciary; Mr. N. (Nico) Verheij, Senior Legal Advisor, Dutch Directorate for Legislation.

Courts Directory Corrections

SUPERIOR COURT Alcovy Circuit Judge Eugene Benton 770-267-1339/F 266-1684
Stone Mountain Circuit Judge Linda Warren Hunter 6220 DeKalb County Courthouse
Judge Mark Anthony Scott FAX 404-687-3978 mascot@co.dekalb.ga.us
SENIOR JUDGES Superior Courts Judge Robert P. Mallis 5220 DeKalb County Courthouse 404-371-4700/F 371-2817
Judge A. Blenn Taylor 102 Mews Circle St. Simons Island, GA 31522 912-634-7431/F 634-7431
Courts of Georgia Judge A. Ronald Cook 770-227-7244/F 233-9869
Magistrate Courts Add: Judge Robert Bennett PO Box 63 Georgetown, GA 39854
JUVENILE COURT Brunswick Circuit Judge George M. Rountree 1725 Reynolds Street, Suite 101 grountree@glynncounty-ga.gov
Conasauga Circuit Assoc. Judge Jim Wilbanks jim@wilbankslaw.com
MAGISTRATE COURT Catoosa County Judge Raymond Victor Wells, III
Cobb County Judge Andrew A. Lewis 358 Roswell Street, Suite 1140 Marietta, GA 30060 770-874-8700/F 874-8740

Jenkins County Add: Judge Hester O. Oglesby PO Box 892 Millen, GA 30442 478-982-5580/F 982-4911
Delete: Teresa Wommack
Laurens County Add: Judge Faith Le'Ette Snell PO Box 934 Dublin, GA 31040-0934 478-296-9791
Delete: Noah C. Burkett
Liberty County Add: Judge David L. Aspinwall, III PO Box 103 Hinesville, GA 31310 912-876-5330/F 876-2474
Delete: Judge Jack Elder
Rabun County Judge Frank Sutton Judge David Adolph 706-782-2285/F 782-7970
MUNICIPAL COURT Alpharetta Delete: Judge Tad Ransopher
Helena Add: Judge Ashley W. McLaughlin PO Box 429 McRae, GA 31055 229-868-7792/F 868-7790
Delete: Judge Tom Everett
Kingsland Delete: Judge Louis Williams
Peachtree City Chief Judge Eric K. Maxwell 225 S. Glynn Street, Suite A

November 2005 Georgia Courts Journal 7
Stillmore, Wadley Add: Judge Tina E. Maddox 205 Smith Street PO Box 1343 Vidalia, GA 30475 912-537-3025/F 537-0264
SOLICITORS-GENERAL Cherokee County 678-493-6360/F 493-6362
Clarke County Add: Morris H. Wiltshire, Jr.
Delete: Ralph W. Powell, Jr.
Clayton County Leslie Miller Terry 9151 Tara Boulevard, Suite 3SL01 770-477-3344/F 678-479-5117
Fayette County Jamie Inagawa jinagawa@fayettecountyga.gov
OFFICIAL COURT REPORTERS Add: Pat Brewer PO Box 15171 Tallahassee, FL 32317-5171 850-878-6259/F 878-2034
PUBLIC DEFENDERS Brunswick Circuit 1803 Gloucester Street, Suite 114 FAX 912-279-2964
AG Opinion
OFFICIAL OPINION Additional penalities added to traffic violations. The additional penalty imposed by OCGA 15-21-179 applies, unless there is a specific exception, where a court imposes a fine for a violation of any traffic law and is not limited to violations of those laws that are set forth in Chapter 6 of Title 40 of the Official Code of Georgia. (9/27/05 No. 2005-5)

Chief Justice Swears-in "Transition" Mentors

Chief Justice Leah Ward Sears was present November 9, 2005 at the

initial orientation session for the

"Transition to

Law Practice"

Program in

Atlanta to greet

lawyer/mentors

as they begin

their work with

novice attor-

neys. A simul-

cast via closed circuit televi-

Chief Justice Leah Ward Sears administers the oath.

sion beamed

the Chief Justice's remarks to the

session being held at the Tifton

offices of the State Bar. The group

of more than sixty lawyers took the

oath of office following a morning

a legal career. Ms. Cynthia

educational session designed to pre- Clanton, General Counsel,

pare them for their duties.

Administrative Office of the Courts,

The Transition

served on the

to Law Practice

State Bar mentor

program, spon-

committee and

sored by the

was among those

Supreme Court of

sworn-in by the

Georgia and the

Chief Justice.

State Bar, is

For infor-

mandatory for

mation on the

first year lawyers

Transition to

beginning the practice of law in the state after

Lawyers who have volunteered to serve as mentors in the State Bar of Georgia's "Transition into Law Practice" program were sworn-in at the State Bar offices in Atlanta.

Law Practice Program contact Mr. Doug

January 1, 2006.

Ashworth at the

A national model effort, the pro-

State Bar, 404-527-8704, or Ms.

gram will assist novice lawyers in

Clanton, 404-656-5171, at the

successfully moving from law

AOC.

school into the practical realities of

eorgia Courts Journal G
Administrative Office of the Courts 244 Washington Street, S.W., Suite 300 Atlanta, GA 30334-5900
LEAH WARD SEARS Chief Justice
DAVID L. RATLEY Director
COURTS JOURNAL STAFF Billie Bolton Ashley G. Stollar

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