Georgia courts journal, June 2006

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Journal
Journal

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Journal

June 2006

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A Publication of the Judicial Council of Georgia

Drug and DUI Courts: "The Time is Now"

The Judicial Council of Georgia Standing Committee on Drug Courts hosted its

Words of Welcome
A group of notable government and private sector speakers wel-

second annual

comed the partici-

Drug and DUI

pants including

Court

Justice P. Harris

Conference on

Hines, Supreme

May 10-12 in

Court of Georgia;

Peachtree City.

Attorney General

"Georgia Drug

Thurbert Baker;

Courts: The

Judge George H.

Time is Now"

Kreeger, Chair of

was attended by approximately 145 drug and

Senior Judge John E. Girardeau (left) and Judge George H. Kreeger listen as Chief Judge Tommy Day Wilcox accepts a recognition award at the conference.

the Standing Committee; Mr. Bob Dallas,

DUI court stakeholders from around Governor's Office of Highway

the state.

Safety; and Mr. Mike Mears,

Clerk of Supreme Court Retires

Ms. Sherie M. Welch, Clerk of the Supreme Court of Georgia, will

Harold N. Hill, Jr., and Willis B. Hunt, Jr. In 1992, she was appointed
the eighth Clerk of Court.

retire on July 31, 2006,

Ms. Welch is a

after 31 years with the

Connecticut native and is

court.

married to Mr. William F.

After graduating from

Welch, senior partner at

Emory Law School in

Welch Spell Attorneys.

1975, Ms. Welch began her

On June 13, 2006, the

career with the Supreme

Supreme Court announced

Court as a law assistant to Justice Robert H. Hall.

Ms. Sherie Welch.

the appointment of Ms. Therese "Tee" Barnes to

She also worked for three Chief

succeed Ms. Welch as Clerk of

Justices: Hiram K. Undercofler,

Court.

Director of the Georgia Public Defender Standards Council. The event was coordinated by the staff of
the AOC Governmental Affairs Division.

Pioneers

Honored

Two of the

state's pioneers

Justice Harris Hines opened the day.

in the Drug and DUI Court

movement were honored at the con-

ference. Chief Judge Tommy Day

Wilcox, Macon Judicial Circuit, was

recognized for his contribution as

the first Georgia judge to create a

drug court in 1994. An award for his

distinguished service was presented

continued pg 4

INSIDE

People, Places & Events pg 2

Dougherty Mental Health

Court Selected as

Learning Site

pg 5

Supreme Court Webcasts

Oral Arguments

pg 5

Spotlight: AOC Research Section pg 6

Cognitive Disabilities

Conference

pg 8

2 Georgia Courts Journal June 2006
People, Places and Events ...

In Memoriam
F Judge Dupont Cheney of Hinesville died February 18, 2006. Judge Cheney, an assistant magistrate in Liberty County since 1999, formerly served as the District Attorney of the Atlantic Judicial Circuit, a post he held since 1976. Judge Cheney graduated from Mercer University Walter F. George School of Law.
F Senior Judge James L. Bullard of Marietta died April 12, 2006. In 1965 Judge Bullard was elected to the Civil and Criminal Court of Cobb County, which later became the State Court of Cobb County. From 1972-1985, he served on the Superior Court bench of the Cobb Judicial Circuit.
Judge Bullard served in the US Army during World War II, taking part in the landing at Omaha Beach in June, 1944. After his discharge, he earned an LLB from Emory University and served as a Staff Judge Advocate in the Army Reserve. He retired from the Army in 1984 as a full Colonel.
F Mr. Gary Christy of Atlanta died May 20, 2006, from complications related to heart surgery. A practicing attorney, Mr. Christy formerly served as District Attorney in the Cordele Judicial Circuit. He was a member of the Judicial Qualifications Commission; he also served on the Board of Court Reporting for a numbers of years.

Transitions
F Judge Kelly D. Turner, State Court of Lowndes County, retired on May 31, 2006. Judge Turner was appointed to the position in 1995. She also served as a magistrate in Lowndes County. Judge Turner has assumed senior status.
F In a ceremony held on June 7, 2006, in the House Chambers of the State Capitol, Judge John K. Edwards, Jr., (see photo below) was sworn-in by Gov. Sonny Perdue as the new judge of the State Court of Lowndes County.
Formerly Judge Edwards was judge of the Municipal Court of Valdosta and president of the Council of Municipal Court Judges.
F Ms. Leila Taafe, Director of the Office of Dispute Resolution, has announced her resignation effective

June 30, 2006. Ms. Taafe, who began work with ODR in 2000, plans to move to Washington, D.C., where her husband will be working with the Robert Wood Johnson Health Policy Fellowship.
Honors
F On April 28, Justice Robert Benham, Supreme Court of Georgia, received the University of Georgia Alumni Association's Alumni Merit Award. The award recognizes UGA graduates for loyal support of the university and the Alumni Association, as well for professional leadership. Justice Benham is a 1970 graduate of UGA School of Law.
F Chief Judge Brenda S. Weaver, Appalachian Judicial Circuit, was presented with the Candlelight Award on April 25 during a workshop sponsored by the circuit's Domestic Violence Task Force. Each year, the award is given to an individual "whose one little flame lights the way for many."

New State Court Judge Takes Oath
Judge John K. Edwards, Jr., takes the oath of office from Gov. Sonny Perdue on June 7, 2006.

June 2006 Georgia Courts Journal 3
People, Places and Events ...

F Judge Cynthia D. Wright, Atlanta Judicial Circuit, was honored recently with the 2006 Jack P. Turner Professionalism Award given by the State Bar of Georgia's Family Law Section.
Judge Wright becomes the first sitting judge to be honored with the Turner Professionalism Award for "her contributions to the advancement of family law practice and for demonstrated professionalism as a member of the bench."

F Judge G. Carey Nelson, Cherokee Judicial Circuit, was honored by the Association County Commissioners of Georgia with its 2006 Wayne Shackelford Excellence in Government Award. Prior to his appointment to the superior court bench in 2002, Judge Nelson served 20 years as County Attorney for Bartow County.

F Mr. Barry Champion,

Conasauga Superior Court

Administrator, was honored on May

4, 2006 by the

Conasauga Bar

Association with

its Liberty Bell

Award. The

award recognizes

a non-attorney who has con-

Mr. Barry Champion.

tributed significantly to the legal

field.

The award was presented at the

Law Day Ceremony opening the

newly-expanded Whitfield County

Courthouse.

Council of State Court Judges
F The Council of State Court Judges recently named Mr. Bob Bray, AOC Associate Director, as its new Executive Director. Mr. Bray has served as the Interim Executive Director after the deployment of Mr. Stephan Frank to Iraq and Louisiana.
Mr. Frank, a major in the US Army Reserve, is a graduate of Emory University and UGA School of Law. His work for the Council of State Court Judges began in January 2001. Mr. Frank has been named the trial court administrator of the Bell-Forsyth Judicial Circuit, effective August 2006.
Appointments
F Ms. Avarita L. Hanson has been named Executive Director of the Chief Justice's Commission on Professionalism. Ms. Hanson replaces Ms. Sally Evans Lockwood who is now Director of Bar Admissions.
F Ms. Aquaria Smith began work as the Program Manager for the Board of Court Reporting on May 15, 2006. Ms. Smith previously worked as Legal Administrative Assistant for the AOC. She can be reached at 404-651-8707.

F Members of the Supreme Court Committee on Civil Justice were named on May 3, 2006, including Judge Willie Lockette, Superior Court, Dougherty Judicial Circuit; Judge Wayne M. Purdom, State Court of DeKalb County; Judge William S. Duffey, US District Court, Northern District; Mr. Marc Gary, Chair; and Ms. Anne Lewis, Vice Chair. For a full membership list, go to www.gasupreme.us
Initiatives of the Committee on Civil Justice include: promoting public understanding of access to justice problems, improving collaboration and training for advocate organizations, and encouraging lawyers and judges to take a leadership role in expanding access to justice.
2009 Mock Trial Championship
F The Georgia High School Mock Trial Program has been selected to host the 2009 National High School Mock Trial Championship. The event will take place at the Fulton County Courthouse in Atlanta in May 2009.
Judicial Council
F The Judicial Council of Georgia will meet on August 29, 2006, in Atlanta at the Wyndam Vinings Hotel. For more information about the meeting, contact Ms. Terry Cobb at 404-656-5171.

4 Georgia Courts Journal June 2006
Drug and DUI Court cont.

to Senior Judge John E. Girardeau of the Hall County Drug Court.

Featured Speakers

Sessions were offered on all

facets of drug courts including the

keynote speech by Judge Karen

Freeman-Wilson, a panel of drug

court graduates,

round table dis-

cussions on a

wide range of

topics, breakout

sessions by role,

adult and juve-

nile concerns,

mental health

courts, grant writing, and

Keynote Speaker Judge Karen Freeman-Wilson.

others.

Presenters for the conference

were Dr. Fred Cheesman, National

Center for State Courts; Ms. Gina

Dunlap Cogswell, Assistant Director

for the Cobb/Douglas Community

Service Board; Mr. John Oliver

Ellis, Jr., Chief Assistant Public

Defender, DeKalb County; Judge

Karen Freeman-Wilson, CEO,

National Association of Drug Court

Professionals; Mr. Carson L. Fox, Jr.,

National Drug Court Institute

Fellow; Judge Stephen S. Goss,

Dougherty Judicial Circuit; Dr. Leo

H. Kadehjian, biomedical consult-

ant; Ms. Jane H. Martin, AOC

Governmental Affairs Division; Dr.

Merrill Norton, President/CEO,

Chemical Health Association, Inc.;

Mr. Steven Phillip Page, Georgia

Probation Management, Inc.; Dr.

Roger Peters, University of South

Florida; Dr. Brenda Rowe, Georgia

Department of Human Resources;

Mr. Charles J. Sharp, Fredricksburg, Virginia, City Attorney; and Ms. Megan Wheeler, National Drug Court Institute.
Mobile Unit
The Cobb County Sheriff's Office demonstrated its Methamphetamine Lab Disassembly Mobile Unit, which contains and carries exterior lighting, an on-board generator, self-contained breathing apparatus, and other specialty equipment. The interior of the truck can also accommodate a small entry team. Officers from the Cobb
Cobb County Sheriff's officers (right) discuss the Methamphetamine Disassembly Truck with conference participants.
County Sheriff's Office were on hand to demonstrate the capabilities of the truck and answer questions.
National Conference
The National Association of Drug Court Professionals will host the 12th Annual Drug Court Training Conference on June 21-24, 2006, in Seattle, Washington. Two Georgia courts, the State Court of Clarke County and the Chattahoochee Judicial Circuit drug court will be featured at the national meeting.

For more information on drug and DUI courts, contact Ms. Tonya Griesbach, Project Coordinator, AOC Governmental Affairs Division, at 404-656-6404 or griesbat@gaaoc.us
Drug/DUI Court Conference Attendees
Superior Courts
Chief Judge Brenda Weaver Appalachian Circuit
Chief Judge Doris Downs, Atlanta Circuit Judge George Kreeger, Cobb Circuit Judge Jack Partain, Conasauga Circuit Chief Judge Tommy Day Wilcox
Macon Circuit Judge Martha Christian, Macon Circuit Chief Judge Joseph C. Bishop
Pataula Circuit Judge Cynthia J. Becker
Stone Mountain Circuit Judge William Fears, Towaliga Circuit
State Courts
Chief Judge Greg Fowler Chatham County
Judge Kent Lawrence, Clarke County Judge Melodie Clayton, Cobb County Judge J. Antonio DelCampo
DeKalb County Judge Carla Brown, Gwinnett County Judge Joseph Iannazzone
Gwinnett County Judge Jeanette Little, Troup County
Juvenile Courts
Judge Billy Waters, Alcovy Circuit Judge John Worcester-Holland
Appalachian Circuit Judge Juanita Stedman, Cobb Circuit Judge Karen M. Calloway, Griffin Circuit Judge Cliff Jolliff, Northeastern Circuit Judge Philip Spivey, Ocmulgee Circuit
Other Courts
Judge Charles E. Auslander, III Magistrate, Clarke County
Judge John E. Girardeau Senior Judge of the Superior Courts
Judge Bert Crane Senior Judge of the Courts of Georgia

June 2006 Georgia Courts Journal 5
Dougherty Mental Health Court Selected as National "Learning Site"

The Dougherty County Superior Court Mental Health and

country that are interested in developing and refining mental health
courts.

Substance Abuse

Sites will host interested

Division was recently

jurisdictions over a two-year

selected by the US

period, answer phone and e-

Department of Justice

mail questions, and work to

as one of five sites to

develop standardized promo-

participate in its Mental

tional materials.

Health Courts Program

Other courts selected by the

Learning Sites

Department of Justice were:

Initiative. Each learning Judge Stephen Goss,

Akron (Ohio) Municipal

Dougherty Judicial Circuit.

site will act as a

Mental Health Court;

resource for jurisdictions across the

Bonneville County (Idaho) Mental

Supreme Court Webcasts Oral Arguments

On Tuesday, April 25, 2006, the Supreme Court of Georgia began live webcasts of oral arguments. While viewing of oral arguments is open to anyone, lawyers participating in the State Bar Transition Into Law Practice Program can obtain CLE credit by registering at www.gabar.org/ programs
Supreme court webcasts are generally scheduled for the last day of oral arguments each month.

Oral arguments on the same-sex marriage amendment ruling by Judge Constance Russell will be broadcast on June 27, 2006.
For more information and to view the web-cast visit www.gasupreme.us and access the Oral Arguments: Live Web-cast link. The calendar of cases and summaries of cases are posted on the court's website.

Health Court; Bronx County (New York) Mental Health Court; and Reno (Nevada) Multi-Jurisdictional Mental Health Court.
In 2002, Judge Stephen Goss, Dougherty Judicial Circuit, established the first mental health court in Georgia. Mental health courts are now operating in both the Chattahoochee Judicial Circuit and Northeastern Judicial Circuit.
District
Administrative
Judges
New Superior Court District Administrative Judges have been elected as follows:
Judge Ronnie Joe Lane Second District
Chief Judge R. Rucker Smith Third District
Judge A. Quillian Baldwin Sixth District
Chief Judge Shepherd Lee Howell Seventh District
Judge J. Stanley Smith Eighth District
Judge David E. Barrett Ninth District

2006-2007 Georgia Courts Directory
Have you verified your information? Be sure your name, address, phone and fax numbers are correct! If you have not returned your postcard, call Ashley Stollar at 404-656-6783 or e-mail stollara@gaaoc.us
The 2006-2007 Georgia Courts Directory is currently in production and will be available soon! Look for your complimentary copy in August. Additional copies are $25.

All other district administrative judges are continuing their terms.
Please Recycle

6 Georgia Courts Journal June 2006
Spotlight: AOC Research Section

Annual Case Count and New Workload Assessment Study

Ms. Yolanda Lewis, Senior Research Associate, was interviewed for this feature. Ms. Lewis has worked for the AOC for two years; she earned her Bachelor and Master degrees from the University of South Alabama in Mobile, Alabama.
Annual Case Count
Q. Which classes of court are required to submit annual caseload data? A. While the superior courts are the only courts that are statutorily mandated to report their caseload data to the AOC, we request information from state, juvenile, probate, magistrate, and municipal courts.
Q. Why count cases? A. The workload of courts of limited jurisdiction affects the workload of the superior courts and must be taken into consideration for judgeship recommendations. Counties with a state court, for example, might see the workload of the superior court impacted.
Q. How is the data submitted? A. There are no hard and fast rules, though we do provide a standard format for everyone to use. We receive the data in a variety of ways: by fax, e-mail, and letters. In some instances, a staff member manually counts caseload data in criminal cases. Civil data is provided from the Superior Court Clerk's Cooperative Authority via the AOC Information Technology Section.

Q. Who collects the data locally? A. We receive the data from a variety of sources including District Court Administrators, clerks of court, and, in some cases, judges themselves.
Ms. Yolanda Lewis of the AOC.
Q. Do you find that courts are complying with your requests? A. Yes. A Clerk's Forum sponsored by the Research Section for the past two years has been a great success. As a result, we have received 100% reporting from the superior courts, state courts, and juvenile courts in the

state. Magistrate and probate courts now average 90-95% reporting.
Q. How long does it take to compile (and verify) caseload data annually? A. About eight months: during January through May research staff compile the numbers. Each court's data is submitted to the District Court Administrator and local judges for verification. The final numbers for a given year, usually presented to the Judicial Council at its August meeting, are used in evaluating superior court judgeship requests.
Q. If a judge or court administrator feels a new judgeship is needed in their circuit, what steps should be taken for the Judicial Council to consider their request? A. AOC Research publishes a guide that details the required steps. To receive a copy of the guide, contact me at 404-656-6412.

Court of Appeals Centennial Year

Current members of the Court of Appeals are adding their insights and observations to a documentary video chronicling the court's century of service.
Here Judge A. Harris Adams (right) answers questions from Mr. Bob McAteer about his judicial career.

June 2006 Georgia Courts Journal 7
Spotlight: AOC Research Section

Underway Through Summer Months

Q. Once the Judicial Council makes a recommendation, does that mean a new judgeship is assured? A. No. A judgeship bill must be introduced in the General Assembly. The Judicial Council's recommendation is taken into consideration, but any judgeship bill is subject to the normal legislative process and must also be approved by the Governor, if it passes the General Assembly.
Q. Is the annual caseload information for Georgia Courts published? A. Yes, each year the caseload data is published in the Annual Report on the Work of the Georgia Courts and caseload data for 2002, 2003, and 2004 is available at www.research. georgiacourts.org/review.htm
Q. I want to compare data from before 2002. How can I get the caseload for 1996, for instance? A. Take a look at our website where Annual Reports from 1994 to the present are posted. For the years 2000-2003, the state caseload reports were published in Research Review which is also available at www.georgiacourts.org/aoc/ publications.html

Time & Motion Study
Q. Some of the state's superior court judges are now participating in a Workload Assessment or Time and Motion Study. Why? A. A study, conducted by the National Center for State Courts in 2000, recommended periodic updates. This summer we will track length of time needed to move a specific case type from filing to disposition. Judges will log information on time spent on the bench as well as time expended on a case outside the courtroom.
Q. So there have been significant changes since 2000? A. Georgia's population continues to increase. By 2010, Georgia is expected to be the eighth most populous state in the country. Other factors have influenced the need for a new study, including the creation of the Paulding Judicial Circuit, an increase in the number of judgeships, jurisdictional changes implemented since the initial study, and growing caseload.
Q. Who is participating in the study? A. Judges in 41 counties have agreed to keep detailed time records over a nine-week period.

Contact Ms. Yolanda Lewis at 404-656-6412 for more information on the work of AOC Research.

Q. How were those judges chosen? A. Counties were selected based on certain geographic and demographic characteristics. Then chief judges of the circuits of selected counties were asked to agree to participate.
Q. How long will the study last? A. A 90 day period (April 17 August 23) was selected to gain a "snapshot of time." Based on data submitted, we should be able to accurately estimate the time required for each type of case category.
Q. Is this current study being conducted by the NCSC? A. No. The Judicial Council Judicial Workload Assessment Committee, chaired by Chief Judge Joe C. Bishop of the Pataula Circuit, is overseeing the current study. AOC Research supports the committee to coordinate meetings, provide training and resources, collect and compile the data.
Q. Ultimately what will be done with the information that is gathered? A. Our findings will be presented to the Judicial Council for use in determining new case-weight values for future judgeship studies.
Q. Are there any plans for assessments in other courts? A. Yes, the probate courts.

Cognitive Disabilities Conference Hosted in Atlanta

The "Persons with Cognitive Disabilities and the Courts Conference" held recently at the State Bar Conference Center in Atlanta attracted 70 local and national participants. Sponsored by the Georgia Commission on Access and Fairness in the Courts and the State Coordinator for the Americans with Disabilities Act, the conference focused attention on improving access to the justice system for this specialized group of court constituents.
A workshop entitled Judicial Perspectives presented by Judge Cindy Morris of the Conasauga Judicial Circuit and Judge Susan P. Tate of Athens-Clarke County Probate Court offered insight on the ethical obligation of judges in assist-

(Left - right) Judge Susan Tate, Judge Cindy Morris and Mr. Marc Wilkerson, State ADA Coordinator's Office moderate the "Judicial Perspectives" workshop.
(Left - right) Mr. William Edwards of Los Angeles, CA; Ms. Anna Saxman of Vermont; Ms. Kerri Martin of Pennsylvania; and Mr. Ron Braswell, Albany, Georgia discuss Programs for Individuals with Developmental Disabilities.

ing cognitively-disabled defendants while also maintaining impartiality and fairness. Often cognitive disabilities are not easily identifiable and may become apparent to the judge during the course of a hearing.
Mr. Ron Braswell, Program Director for the Albany Advocacy Resource Center, participated in the Programs for Individuals with Developmental Disabilities panel which discussed local criminal justice programs designed to assist defendants with cognitive disabilities.
Contact Ms. Stephanie Chambliss, AOC Court Services Division, at (404) 463-3927 for additional information or to receive a report of the conference proceedings.

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

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