Georgia courts journal, Sept. 2005

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Journal

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September 2005

Journal

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A Publication of the Judicial Council of Georgia

Supreme Court of Georgia: Presiding Women

On June 28, 2005, the Supreme Court of Georgia held a history-making investiture ceremony at the State Capitol in Atlanta. Sworn-in at the ceremony were Georgia's new Chief Justice Leah Ward Sears and Presiding Justice Carol W. Hunstein.
Retiring Chief Justice Norman S. Fletcher welcomed an assembly of the Presiding Justice Justices of the Carol W. Hunstein Supreme Court, members of the Court of Appeals, trial court judges from throughout the state, legislators, and other dignitaries to the standing-room only House Chambers.

US Supreme Court Justice

Andrew Young who appointed

Clarence Thomas came home to

Justice Sears to her first judgeship

Georgia to witness his friend,

on the City Court of Atlanta in 1982.

Justice Leah Ward Sears, take the

In her remarks, the new chief

oath of office

justice articulated

as Chief

goals for her term of

Justice. In his

office including con-

remarks to the

tinuing work on the

crowd, Justice

indigent defense

Thomas

system, helping

expressed his

Georgia families

pleasure at

prosper and succeed,

Georgia's his-

and upholding the

toric role of being the first

Chief Justice Leah Ward Sears takes the oath of independence and

office as her family looks on.

integrity of the judi-

state supreme

cial branch of gov-

court with an African-American

ernment.

woman as chief justice.

"I am proud of the small role I

Justice Sears was introduced by have been able to play in my

Mr. Barnard Taylor of Alston and

beloved community. I have sacri-

Bird. The oath of office was admin- ficed a little of myself for what I

istered by Former Mayor of Atlanta

continued on pg 3

Drug/DUI Court Conference Held

On June 22-24, 2005, over 200 people attended the "Building and Strengthening Drug Courts in Georgia: From Infancy to Maturity." Drug/DUI Court Conference at the Marietta Conference Center.
Attendees included judges, court administrators, treatment providers,

district attorneys, and public defenders. The conference, sponsored by the Judicial Council Standing Committee on Drug Courts, was coordinated by the Legislative and Governmental Affairs Division of the Administrative Office of the Courts (AOC).
continued on pg 5

INSIDE

People, Places & Events pg 2

Directory Corrections

pg 3

Culturally Competent

Drug Courts

pg 4

Court of Appeals Centennial Documentary pg 6

Municipal Court Feature pg 7

Justice Clarence Thomas pg 8

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

In Memoriam
F Mr. Michael Douglass, Computer Network Administrator for the Court of Appeals of Georgia, died on July 12, 2005. Mr. Douglass, who worked at the Court of Appeals for ten years, was a graduate of the University of Utah and served in the US Army.
Retirements
F Mr. William Scott Henwood, Reporter of Decisions for the Supreme Court and Court of Appeals of Georgia, retired from his position on July 31, 2005. Mr. Henwood, who served as Reporter of Decisions for 24 years, has returned to private law practice.
Appointments
F Judge Ralph F. Simpson, Tifton Circuit, was sworn-in to the superior court bench on July 29, 2005, by Governor Sonny Perdue. Judge Simpson replaces the late Judge J. Harvey Davis. The cere-

mony took place in the House Chambers of the State Capitol. See picture on page 7.
F Governor Sonny Perdue announced the appointment of Mr. Carl Wayne Bowers to the State Court of Cobb County, Division II. Judge Bowers fills a position created by the General Assembly in 2004; his appointment will be effective October 1, 2005.
Portrait Unveiling
F The DeKalb County Juvenile Court honored former Chief Judge Gregory Adams with a portrait that will be hung in the lobby of the courthouse. The unveiling ceremony took place June 10, 2005. Now on the superior court bench, Judge Adams served as Chief Judge of the juvenile court for 10 years.

Justice Melton Joins Supreme Court
For the first time in ten years, things are a little different at the Supreme Court of Georgia.
On June 23, 2005, Justice Harold D. Melton became the 92nd member of the Supreme Court of Georgia, succeeding retiring Chief Justice Norman S. Fletcher. Justice Melton's appointment represents the first change in personnel since Justice P. Harris Hines was appointed by Gov. Zell Miller in 1995.
Justice Melton was introduced to the packed audience in the House Chambers of the State Capitol by Assistant Attorney General Daniel Formby and sworn-in by Gov. Sonny Perdue.

Honors
F Judge Peggy Walker, Douglas County Juvenile Court, has been named a fellow of the Leaders for the 21st Century Program by ZERO TO THREE, a childhood development group. She was also elected to the Board of Trustees of the National Council of Juvenile and Family Court Judges at its annual meeting held July 17-20 in Philadelphia.
Board of Court Reporting
F New members of the Board of Court Reporting were sworn-in on July 8, 2005. Judge Harris Adams of the Court of Appeals administered the oath of office
From left to right, Mr. Bill Abel, Ms. Marilyn Roe, Mr. Sam Dennis, Judge Linda Cowen, State Court of Clayton County, Ms. Kerry McFadden, and Judge Harris Adams.
Disability Guide for Courts
To order a copy of the Disability Guide for Courts, Contact Stephanie Chambliss, 404-656-5171 or chamblis@gaaoc.us

Judicial Council August 24, 2005

Seated: Judge Gail Flake; Judge Doris Downs; Judge Anne Elizabeth Barnes; Chief Justice Leah Ward Sears; Presiding Justice Carol W. Hunstein; Judge Betty Cason; Judge Melinda Anderson.
Standing: Judge John Ott; Judge William H. Craig; Judge Wallace Cato; Judge Mike Bracewell; Judge Stephen Andrews; Judge Jon B. Wood; Judge Ben Studdard; Judge James McDonald; Judge Hugh Stone; Judge George Nunn; Judge Gates Peed; Chief Judge John H. Ruffin; Judge Dan Coursey; Judge William Boyett; Judge Thomas Bobbitt; Judge John Salter.
Not Pictured: Judge Philip West.

People, Places cont.

Directory Corrections
COURT OF APPEALS Judge Harris Adams FAX 404-656-2001
SUPERIOR COURT Piedmont Circuit Judge David Motes PO Box 685 Winder, GA 30680 770-307-3032/F 307-3033
SENIOR JUDGE State Court Judge Ogden Doremus 912-685-6282
STATE COURT Tift County Judge Larry Mims 229-386-7921/F 386-7925

MAGISTRATE COURT DeKalb County Judge Vincent Crawford 404-373-8000
Gordon County Add: Judge Terry L. Mathis PO Box 1025 Calhoun, GA 30703 706-629-0461/F 602-1751
Oglethorpe County Add: Judge Jean Turner-Horton PO Box 356 Lexington, GA 30648 706-743-8321/F 742-3177
MUNICIPAL COURT Hiawasee Judge Robert Sneed PO Box 719 Lithonia, GA 30058

September 2005 Georgia Courts Journal 3
Chief Justice Sears cont.
believe in. But I'm not finished. My life still belongs to public service. And, as long as I live, I want to do whatever I can to build a better Georgia, a better America, a better world."
Presiding Justice Carol W. Hunstein was introduced by Judge Brenda Cole, State Court of Fulton County, and sworn-in by Chief Justice Fletcher. In her remarks, Justice Hunstein noted the changing role of women in the legal profession throughout the years. "While this swearing-in is an historic event for this state and this country, for me it is a reaffirmation of my faith in the rule of law and the role of the legal system in ensuring justice for all."
A reception honoring Chief Justice Sears and Presiding Justice Hunstein was held in the Capitol following the investiture.
For the full text of remarks by Chief Justice Sears and Presiding Justice Hunstein go to www.gasupreme.us
"Your Guide to the Georgia Courts Brochure" is Available!
Call 404-656-5171 to request copies.

4 Georgia Courts Journal September 2005

Culturally Competent Drug Courts

Challenges and Opportunities for an Underserved Community

By Pierluigi Mancini, Ph.D., NCAC II

country of origin; and some are

Other Considerations

involuntary immigrants -- those

The different patterns of immi-

Editor's Note: Dr. Mancini conducted a workshop at the recent Drug/DUI Court Conference.

spouses and children, who did not participate in the decision to immigrate.

gration include those who enter as permanent residents, holding work and student visas, visitor visas and

those with undocumented status.

Latinos are a rapidly increasing population; residentially segregated; affected by

The Language Barrier
Language becomes the primary barrier when serving the newly-

The personal conditions affecting quality of life also differ since the socio-economic position of the

shortfalls in educational attainment;

arrived immigrant community.

members of this community greatly

facing a new country

Latinos who have

varies. Wealthy and middle-class

with a new language, Things to Consider for learned how to funca new political, social, a Culturally Competent tion in both cultures

Latinos identify more with the host culture than others.

legal, financial, and

Drug or DUI Court

will understand the

educational system.

judicial system con-

Treatment Delivery

Any of these issues may cause members of this community to find them-

Heterogenous Community
Language Issue

cept and many will be aware of what treatment and recovery from

The actual treatment delivery must be affordable as well as linguistically and culturally appropri-
ate. Drug and

selves in front of a

Personal Conditions alcohol and

DUI courts must

Drug or DUI court

Treatment Delivery drugs

work with state-

judge. Georgia must

means. For

licensed or

insure that these

recently-

nationally

courts implement lin-

arrived immigrants drug

accredited pro-

guistic and culturally competent

and DUI courts must first

grams. Many

services when serving this commu-

educate the clients as to

DUI offender

nity. The goal of providing the

the expectations of the

programs are

client with the opportunity to make

program in a language and

registered with

positive changes in their lives and

in a manner they can

the state but do

become productive members of

understand.

not have the

society cannot be reached without

Use of translators

Dr. Pierluigi Mancini,

monitoring, eval-

cultural competence.

becomes difficult since

Ph.D, NCAC II

uation or level of

Different Backgrounds, Different Reasons
Latinos are not a homogenous community; they come from over 20 different countries and have arrived in Georgia in many different ways: some were born here; others moved from other states; some came because of political persecu-

very few, if any, behavioral health issues are addressed during court interpreter training. Untrained interpreters pose more of a risk than a benefit and utilizing family members, friends, or children is unacceptable. Lack of Spanish-speaking treatment providers is also a problem.

standards of licensed or accredited programs. These standards ensure proper facilities; staff qualifications; staff training; and clinical outcomes.
Established programs must be encouraged to seek licensing and/or accreditation. Cultural competence in addiction treatment goes beyond language; it includes acculturation,
continued on pg 7

tion or kidnapping attempts in their

Drug Court Conference cont.

Speakers

Traffic Safety Administration

Chief Justice Leah Ward Sears

(NHTSA), suggests that you are

spoke at the conference on June 22.

viewed as a leader in the country in

"I am

adapting the drug court

thrilled

model to DUI," he said.

to be

"Georgia has a strong cadre

here and

of judges that are known

to see so

around the country. The

many

Georgia approach is one

people

that really resounds. It is a

commit-

conservative approach with

ted to a

a high level of accountabili-

move- Judge Brenda Weaver speaks as a panel ty that treats offenders in the

ment that

of Judge Jack Partain, Judge Jeanette Little, and Judge Kent Lawrence listen.

community."

began only 10 years ago," she said.

Legislative Action

"A conference such as this is not

The success of Georgia's drug

only for those who believe in drug

courts convinced state legislators

courts' promise as one of the most

this year to appropriate $1 million to

effective ways to treat drug offend-

create and continue drug courts

ers, but benefits the state as a

here. In addition, Rep. Tom Knox

whole."

sponsored legislation officially

Mr. West Huddleston, Director

of the National Drug Courts

Institute, told those assembled that

Georgia's DUI courts have set the

tone for much of the environment

and thinking on DUI courts.

"The fact that you have three

strong DUI courts, funded and evaluated by the National Highway

Participants at the Drug Court Conference.

Courts Directory Now Available!
The 2005-2006 Georgia Courts Directory is now available!
Copies are $25. For more details, call Ashley Stollar, 404-656-6783.

Georgia20C0o5u-r2t0s0D6 irectory
AdmJiundisitcriaatlivCeouOnffciicleoof fGtehoergCioaurts

September 2005 Georgia Courts Journal 5
authorizing drug courts. Rep. Wendell Willard, Chair of the House Judiciary Committee, attended the meeting as did Rep. David Ralston.
Federal and state funding for Georgia's drug and DUI courts was secured with the assistance of the AOC. For further information, contact Associate Director Debra Nesbit, nesbitd@gaaoc.us
Judicial Attendees
SUPERIOR COURT
Judge Brenda Weaver, Appalachian Circuit
Judge Dennis Blackmon, Coweta Circuit Judge James Bass, Eastern Circuit Judge George Kreeger, Cobb Circuit Judge Jack Partain, Conasauga Circuit Judge Hulane George, Ocmulgee Circuit Judge William A. Fears, Towaliga Circuit
STATE COURT
Judge Gary Mikell, Bulloch County Judge Jerry M. Daniel, Burke County Judge H. Gregory Fowler,
Chatham County Judge Kent Lawrence, Clarke County Judge Linda Cowen, Clayton County Judge Philip C. Smith, Forsyth County Judge Russ McClelland, Forsyth County Judge Charles Wynne, Hall County Judge Jeannette Little, Troup County
JUVENILE COURT
Judge John Worcester-Holland, Appalachian Circuit
Judge Juanita Stedman, Cobb Circuit
PROBATE COURT
Judge Stiles Estes, Meriwether County
MAGISTRATE COURT
Judge Charles Auslander, Clarke County

6 Georgia Courts Journal September 2005
Court of Appeals Centennial Documentary

As the 100th anniversary of the Court of Appeals nears, plans to are underway for a

Chief Judge Ruffin, in expectation of having the project outsourced, consulted with the Court's Technical

centennial celebration which will

Services Division.

bring attention to

Mr. Bob

the Court of

McAteer, Court

Appeals and the

System Analyst,

judiciary. October

assured the com-

3, 2006, will mark

mittee he can

the date of ratifica-

handle the job.

tion of the consti-

Mr. McAteer

tutional amend-

has extensive

ment that created

experience as a

the Court of Appeals of Georgia.

Chief Judge John H. Ruffin accepts a check from Mr. Fred Smith of the Georgia Civil Justice Foundation.

filmmaker. He holds a Television/Film/

Radio degree

A Century of

from Cal State-

Serving Justice

Long Beach.

Chief Judge

McAteer has

John H. Ruffin, Jr.,

worked on local

chair of the

news programs

Centennial

in California and

Celebration

Georgia. In

Committee, is

1995, a docu-

enthusiastic about the events the committee will sponsor

Mr. Bob McAteer sets up a shot for an interview.

mentary he shot and edited was shown at the

to celebrate this milestone.

Cannes Film Festival.

"Throughout 2006, the Court is planning a series of programs that

Video Production Underway

will include as many people as pos-

Before work could begin, a digi-

sible," he said.

tal camera and video-editing soft-

Among the festivities being dis- ware were purchased. "We were

cussed, the Court plans on holding

able to buy all the necessary equip-

oral arguments throughout the state, ment for less than the cost of having

sponsoring an oratorical contest for

someone else produce the documen-

students, hosting a reception to be

tary," McAteer said. The first inter-

held in October 2006 in Atlanta,

views for the documentary were

having a history of the court written, filmed in November 2004.

and producing a documentary which

With a grant close to $30,000

will highlight the Court's history.

awarded from the Georgia Civil

In the summer of 2004, the idea Justice Foundation, production of

of a documentary first emerged.

the documentary has swung into full

gear. In addition to his daily duties for the court, McAteer has researched the court's history, uncovered historical photographs, and interviewed a number of important figures.
Among those interviewed for the project are former judges and former governors. Judge Norman Underwood, Judge John S. Bell, Judge George T. Smith, Judge Marion T. Pope, and Judge Dorothy T. Beasley; Justice Robert Benham and Justice George Carley, formerly of the Court of Appeals; and former governors Roy Barnes, Joe Frank Harris, and President Jimmy Carter have all been interviewed.
Centennial Committee
The Court of Appeals Centennial Committee is made up of current and former judges; staff of the Court of Appeals and Administrative Office of the Courts; representatives from the Governor's Office and Attorney General's Office, and selected others.
Historical Information
The Court's current members are scheduled to be interviewed in the fall. While most of the interviews have been completed, McAteer is still looking for more information and encourages anyone with photographs or stories to contact the Committee:
The Centennial Celebration Committee
Court of Appeals of Georgia 334 State Judicial Building Atlanta, Georgia 30334 centennial@gaappeals.us

September 2005 Georgia Courts Journal 7
Municipal Court Feature

Mediation for "Quality of Life" Cases

The Recorder's Court of Chatham County has a new approach to "nuisance" cases. Property owners cited for trash-filled yards, abandoned vehicles, etc. are diverted to mediation, rather than the traditional misdemeanor proceedings.
As Recorder's Court Director Brian K. Hart explains, "For many years we had these cases on a separate docket, and began to notice that we were seeing the same people again and again. Judges would try to manage the case to get compliance; when that did not work, city officials complained that the court was not doing its job. It dawned on me that we were creating an adversarial environment, when it really was a problem to be solved and not a matter demanding punishment."
The City of Savannah provided funding for the Recorder's Court to

introduce "administrative hearings" using a part-time judge. Judge Claire Cornwell-Williams who has extensive experience in dispute resolution and is a certified mediator, began hearing cases in August, 2004.
Mediation Session
Initially, when the parties appear for the hearing, the case has not been filed with the court. Instead Judge Williams explains that the hearing, to determine whether an ordinance violation has occurred, is administrative in nature. The parties may be represented by an attorney; code enforcement officials are also present. The aim is to bring the parties to a settlement in which the violator agrees to take certain steps to comply with the code and promises to refrain from future violations. Following this procedure, cases are

New Superior Court Judge Takes Oath

Judge Ralph Simpson, Tifton Judicial Circuit, takes the oath of
office from Governor Sonny
Perdue on July 29, 2005.

typically resolved after one hearing as compared to multiple hearings.
Compliance Assistance
Often if the case involves elderly home-owners who are unable to maintain their property, violators receive assistance from the city managers office. If the violation is not remedied within the specified time period set by the judge, the case is filed in the traditional manner and the party will be subject to the usual penalties for ordinance violations. "We find that most people feel they are a party to the resolution, and there is more satisfaction and more willingness to comply. We also feel they now understand the ordinance," Mr. Hart said.
For more information contact the Recorder's Court at 912-6527404.
Culturally Competent
Drug Courts cont.
assimilation, educational and socioeconomical levels of the community being served.
We need to make sure that when clients show up for services we actually deliver those services in a linguistic and culturally appropriate manner.
Pierluigi Mancini, Ph.D., NCAC II is the Executive Director of the Clinic for Education, Treatment and Prevention of Addiction, Inc. (CETPA). He can be reached at pmancini@cetpa.org

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

SW Atlanta Academy Choir Meets Justice Clarence Thomas

Before speaking to a standingroom only crowd in the House Chambers of the

formance at the installation of Chief Justice Leah Ward Sears.
Justice Thomas spoke about

State Capitol in

growing up

Atlanta, US

around

Supreme Court

Savannah, his

Justice Clarence

experiences in

Thomas spent

parochial school,

some time

and his difficul-

speaking with a

ties as an

smaller crowd.

African-

The

American attor-

Southwest

ney looking for a

Atlanta

Brennan Sears Collins listens as US Supreme Court job in Atlanta.

Christian Academy choir

Justice Clarence Thomas answers questions from the Southwest Atlanta Christian Academy choir.

Justice Thomas

was given a chance to meet with the answered questions on politics and

native Georgian prior to their per-

educational achievement.

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 Philippa Maister

AG Opinions
UNOFFICIAL OPINIONS Issuance of firearms license; pardoned drug offenders. A probate court may not issue a license pursuant to OCGA 161-129 to a person convicted of a drug offense as described in OCGA 16-11-129(b)(5)(A), even if that person has been pardoned. (7/7/05 No. U2005-3)
Red light camera fines; additional penalties. Additional monetary penalties provided in OCGA 15-21-73 may not be added to the civil monetary penalties imposed pursuant to OCGA 40-6-20. (7/12/05 No. U2005-4)