Georgia courts journal, Apr. 2008

State of Judiciary -- 2008
Story on Page 1

A Publication of the Judicial Council of Georgia

April 2008
Judicial Appointments . . . . . .pg 2
People & Places . . . . . . . . . .pg 3
Counties Showcase Case Management Programs . . . . .pg 4
Athens-Clarke DUI Court Earns National Honor . . . . . .pg 6
Landmark Day for Henry County Courthouse . . . . . . . .pg 7
Visits & Visitors: Supreme Court News . . . . . . .pg 8

Georgia Courts Journal
Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334
Leah Ward Sears
Chief Justice
David L. Ratley
Director
Courts Journal Staff Billie Bolton
Assistant Director for Communications
Ashley G. Stollar
Graphic Designer

1 Georgia Courts Journal March 2008

State of Judiciary -- 2008
Chief Justice Delivers Annual Speech to General Assembly

Chief Justice Leah Ward Sears delivered her annual State of the Judiciary Address on February 13, 2008 before a joint session of the Georgia General Assembly. The Chief Justice, justices of the Supreme Court, and judges of the Court of Appeals were greeted with enthusiasm by the assembled Senators and Representatives.
The Chief Justice began her message noting the responsibilities and struggles judges face when rendering their decisions. "Judging requires that we look at every issue anew in light of the evidence and the law," the Chief Justice said. "It is this objectivity that gives the judicial branch its legitimacy." Looking up to the gallery, the Chief Justice asked judges of the trial courts assembled there to stand and be recognized. (see cover photo and bottom right).

"Our Judges Deserve a Little Justice Too"
Chief Justice Leah Ward Sears
Families in Crisis
The Chief Justice stressed the important role judges play in the lives of troubled citizens. "Today our judges are on the front lines in cases involving family crises, drug abuse and thorny foster care issues where the very lives of our children are at stake."

Judge Peggy Walker, Juvenile Court of Douglas County, was introduced and heralded for the difficult decisions she faced in resolving a young mother's drug addiction and eventual rehabilitation. The mother eventually regained custody of her two young children after successfully completing treatment for drug abuse.
Adequate Pay for Judges
"Our judges deserve a little justice too," the Chief Justice remarked as she asked the General Assembly to complete passage of HB 119 -- "the judicial pay raise bill" -- during the current legislative session. Georgia's superior court and appellate judges have not received a base pay increase, other than four cost of living increases, since 1999. The bill provides for a 10% increase.

Chief Judge Anne Elizabeth Barnes and judges of the Court of Appeals are greeted by members of the General Assembly.

Judges from the state's trial courts were in attendance for the Chief Justice's remarks.

The full text of Chief Justice Sears' remarks can be accessed at http://www.gasupreme.us/

Judicial Appointments

Judge T. Harry Hurt Cordele Circuit

Judge Murphy C. Miller Enotah Circuit

Judge Warren Davis Gwinnett Circuit

Judge Ed Ennis Macon Circuit

Judge Daniel Craig Augusta Circuit

Ceremonies held at the State Capitol in January, February, and March, installed new superior court judges and state court judges. The oath of office was administered by Governor Sonny Perdue.

January Appointments
On January 7, 2008, Gov. Sonny Perdue swore-in Judge T. Harry Hurt, Superior Court, Cordele Judicial Circuit; Judge Murphy C. Miller, Superior Court, Enotah Judicial Circuit; and Judge Ethelyn Simpson, State Court of Clarke County.
On January 8, 2008, Gov. Sonny Perdue swore-in Judge Warren Davis, Superior Court, Gwinnett Judicial Circuit and Judge Ed Ennis, Macon Judicial Circuit.
February Appointments
Judge Henry M. Newkirk was sworn-in as judge of the Superior Court of the Atlanta Judicial Circuit on February 18, 2008. Judge Newkirk has served as a judge of the State Court of Fulton County since 1998.

On February 18, 2008, Gov. Sonny Perdue administered the oath of office to Judge Daniel Craig as judge of the Superior Court of the Augusta Judicial Circuit. Prior to his appointment, Judge Craig served as District Attorney of the Augusta Judicial Circuit for 14 years.
March Appointments
On March 21, 2008 three state court judges were sworn in by Gov. Sonny Perdue:
State Court of Fulton County -- Judge Susan Eichler Edlein, of Atlanta, formerly a partner at Holland & Knight, LLP, fills the vacancy left by Judge Henry Newkirk's elevation to the superior court.
For addresses of newly appointed judges and other Directory corrections visit www.georgiacourts.org

State Court of Putnam County -- Judge E. Trenton Brown, III of Eatonton was appointed to fill the vacancy left by Judge Jesse Copelan's retirement.
State Court of Treutlen County -- Judge James C. Garner of Soperton, formerly solicitor-general, was appointed to fill the vacancy left by Judge Donald Gillis' elevation to the superior court.
Other Appointments
The Judicial Nominating Commission has forwarded a candidate shortlist to the governor to fill the superior court judgeship in the Waycross Judicial Circuit.
Gov. Sonny Perdue named Mr. Brian M. Rickman of Tiger as District Attorney for the Mountain Judicial Circuit on December 19, 2007. The vacancy was created by the resignation of Mr. Michael Crawford.

Background photo -- Judge Henry M. Newkirk is sworn-in as Superior Court Judge, Atlanta Judicial Circuit.

2 Georgia Courts Journal April 2008

3 Georgia Courts Journal April 2008

People, Places, & Events

In Memoriam
Chief Judge Stephen L. Jackson of Blackshear died December 29, 2007 after suffering a heart attack. Judge Jackson, a graduate of the UGA School of Law, was elected to the bench of the Waycross Judicial Circuit in 1997. He was the founder and organizer of an annual legal seminar held in the circuit since 1995.
Senior US District Court Judge Duross Fitzpatrick of Twiggs County died January 5, 2008, of a rare neurological disease. Judge Fitzpatrick was appointed to the federal bench in 1985 by President Ronald Reagan. He served as Chief Judge of the US District Court, Middle District from 1995 until he took senior status in 2001.
Judge Fitzpatrick earned his law degree from the University of Georgia. He he served as president of the State Bar of Georgia in 1984.
Judge Jean Ann Powers of Sylvester died February 16, 2008. Judge Powers had served as Chief Magistrate of Worth County since 1972, when the small claims and justice of the peace courts merged.
Retired Judge Gene Wells of Thomson died March 13, 2008. Judge Wells served as Probate Judge of McDuffie County from 1990 until his recent retirement in December 2007.

Former Judge Frank S. Cheatham of Savannah died March 26, 2008. Judge Cheatham served on the superior court bench for 30 years before his 1993 retirement.
Ms. Cindy W. Chaffin, Superior Court Clerk of Douglas County, died December 18, 2007 of brain cancer. After many years of service as a deputy clerk, Ms. Chaffin was elected to the post in 2000.
Transitions
Judge Amanda Williams has assumed the duties as chief judge of the Brunswick Judicial Circuit. Judge James R. Tuten has announced his retirement at the end of the year.
Judge Jesse Copelan, State Court of Putnam County, retired on December 31, 2007.

Honors
The Ninth Annual Justice Robert Benham Awards for Community Service were presented on January 29, 2008, at the State Bar of Georgia Conference Center in Atlanta. Judge James F. Bass, Jr., Superior Court, Eastern Judicial Circuit; Judge Mark Anthony Scott, Superior Court, Stone Mountain Judicial Circuit; and Mr. Joseph K. Mulholland, District Attorney, South Georgia Judicial Circuit were among those honored.
On February 12, Mr. Hulett H. "Buckey" Askew, former Director of the Georgia Office of Bar Admissions, was honored by the Emory University School of Law. Mr. Askew accepted the Inspiration Award for lifetime achievement sponsored by the Emory Public Interest Committee.

Ms. Mary Ruth Handley was elected Superior Court Clerk of Clinch County in a special election held December 4, 2007. The vacancy was created by the resignation of Mr. Daniel Leccese.
Mr. William T. Simmons, formerly administrator of the Clayton County superior and state courts, has been selected as District Court Administrator for the Sixth Judicial Administrative District.

State Mock Trial Champions
On March 16, 2008, the Jonesboro High School Mock Trial team, coached by Judge Deborah Benefield, Superior Court of Clayton County, and Judge John Carbo, State Court of Clayton County, won its third straight state title.
The team now goes to the national competition in Delaware on May 8-10, 2008.

Submit your item for People, Places & Events. E-mail stollara@gaaoc.us to be included in the next Georgia Courts Journal.

In Rockdale and Henry Counties --

Rockdale County's Pride

System Benefits

Like busy parents of a talented brood, Rockdale County court officials recently took time out from their duties to show off their county's electronic case management system for Mr. Jorge Basto, Chief of

Beginning with arrest, an offender is entered into the network system at the sheriff 's office; the record can be transmitted electronically to the office of the district attorney and on to all subsequent steps in

Information

Technology for

the

Administrative of

the Courts. Ms.

Joanne Caldwell,

clerk of superior

court, spearhead-

ed the move

toward the inte-

grated system for

the Rockdale

courts.
Local Information

Standing (back row), , Ms. Joanne Caldwell, Chief Judge Sidney Nation, Judge Nancy Bills, Ms. Debbie Campbell, (front right) Judge Lillis Brown, Mr. Jorge Basto, Judge Joy Wright. (Seated) Ms. Susan Simon.

Network

the court process: hearings, trials,

Today the network of computers

sentencing, etc. Case information can

allows sharing of criminal justice

be pulled up as needed by any court

information among the offices of the officials. Dockets are generated, case

superior, state, probate and magis-

numbers are assigned, and offense

trate courts as well as the Office of the District Attorney and Sheriff. Ms. Caldwell stressed that such a system requires strong cooperation among the sep-

"Having an integrated case management system which provides for the creation, coordination and sharing of information at each level of the criminal justice process is a tremendous asset for Rockdale County; it " is key to our ability to provide efficient, effective justice on behalf of the people of this community.
Statement from Mr. Richard Read, District Attorney, Rockdale Judicial Circuit

codes are entered all using one software system. Calendar information can be accessed by the public and private attorneys.
Chief Judge Sidney Nation expressed pride in the coopera-

arate courts and offices, and a will-

tive system; he credited Rockdale's

ingness to forego absolute autonomy

court officials for their willingness to

over their internal processes.

overcome hurdles.

Rockdale and Henry counties (in blue)
In addition to judges pictured at left, Sheriff Jeff Wigginton and Mr. Richard Read, District Attorney, are enthusiastic members of the network.
For more information about Rockdale County's case management system contact Ms. Joanne Caldwell, Clerk of Superior Court, 770-9294060.
Henry County Launches System
Meanwhile across the county-line, Henry County hosted a demonstration of its new Integrated Justice System.
Searchable Data Exchange
Henry County's system, created by Boston-based Metatomix, compiles information from participating databases using Judicial Data Exchange (JDX) Software. Data is owned and maintained by the originating source, but the information is available for searches. In juvenile cases, access to sensitive data is restricted.
System queries result in real-time, live information available to those
continued pg 5

Background photo: State Court Courtroom, Henry County.

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the Electronic Future is Now

Judge Ben Studdard, State Court of Henry County, discusses the Henry County system on February 22.

who need it the most -- from a deputy sheriff determining if a driver's license is suspended to simultaneous comparisons of persons with similar names. System applications are being expanded as use of the resource gains momentum.
Judge Ben Studdard, State Court of Henry County, said of the system "This is an example of what government can do if it focuses on its core functions: doing justice, providing public safety, and having good customer services."

Agencies participating in the Henry County system include: superior court state court clerks of court solicitor-general district attorney public defenders Henry County Sheriff 's Office and Henry County Police Dept.

17th Annual Georgia Bar, Media, and Judiciary Conference

On February 23, 2008, judges, attorneys, and journalists gathered at the Westin Buckhead Hotel in Atlanta for the17th Annual Georgia Bar Media and Judiciary

Suggestions for judges:
Build relationships with local journalists.
Get to know reporters. Check stories on-line.

Conference.

Set ground rules before talking

The day-long conference began

are you giving background or

with "J-School for Judges and

"off the record"?

Lawyers" which highlighted the

(Left to right) Chief Judge Anne Elizabeth Barnes, Court of Appeals;

mistakes lawyers and judges often make in dealing with the media. Media panelists, Mr. Bill Rankin of

Judge Jackson Bedford, Superior Court, Atlanta Judicial Circuit; and Judge C.J. Becker, Superior Court, Stone Mountain Judicial Circuit served as panelists for the "How to Talk to Judges: An Inside View" session.

Other panels included: Campus Privacy; Eyewitness Identification; How to Talk to a

the Atlanta Journal-Constitution, Ms. Robin McDonald of the Fulton County Daily Report and Ms. Veronica Waters of WSB Radio, discussed the challenges covering the

courts can entail; Chief Judge Arch McGarity, president of the Council of Superior Court Judges, outlined some of the concerns judges have in dealing with media.

Judge; Hot Topics in Open Government; and Judicial Independence.

Athens-Clarke DUI Court is National "Academy Court"

Athens- Clarke County, Georgia, home to the University of Georgia and its

Academy Courts
An "Academy Court" is a model

national-

DUI court

ly recog-

that serves as a

nized

site for train-

academic

ing and tech-

and ath-

nical assis-

letic

tance. DUI

teams

courts in

now

Missouri,

boasts

Michigan, and

one more

Newport

awardwinning

Beach, CA are

Mr. West Huddleston recognizes Judge Kent Lawrence, right, for his efforts to create a successful DUI court in Clarke County.

also designated

team: the

academy courts.

Athens-Clarke County DUI Court. Judge Kent Lawrence, State Court
of Clarke County, along with Athens-Clarke's court and county administrators, law enforcement personnel, and judges from throughout the state gathered on the Capitol steps in Atlanta on a chilly February morning as Judge Lawrence's court was designated one of four national "Academy Courts" by the National Highway Traffic Safety Administration (NHTSA) and the National Drug Court Institute (NDCI).
Mr. West Huddleston, Executive Director, NDCI, made the award presentation.

Judge Kent Lawrence, who created Georgia's first DUI Court in 2001, has also been recognized by the Governor's Office of Highway Safety with the Director's Award (2005) and has been a facilitator for DUI/Drug Court teams around the country.
Today there are 12 DUI Courts operating in Georgia.
For more information on the Athens-Clarke County DUI Court, contact Ms. Adrienne Bowen, Coordinator at 706-613-3206. For information about DUI Courts in Georgia, contact the Administrative Office of the Court at 404-6565171.

Fee Schedule for Official Court Reporters

Effective July 1, 2008, the new scale of compensation for court reporters appearing in court proceedings is as follows:

Per Diem

$190.08 to 8 hours $212.85 to 9 hours $228.09 maximum

Two Videos Highlight Judiciary
Ensuring Fairplay the American Way
The State Bar of Georgia produced this twenty-minute DVD, an exposition on the role of jurors in the American judicial system. Chief Justice Leah Ward Sears, Supreme Court of Georgia, Justice Samuel Alito and Former Justice Sandra Day O'Connor, US Supreme Court, and three citizen jurors offer perspectives regarding jury service.
Contact the State Bar of Georgia for more information at 404-5278700.
The Faces of Justice: The Superior Court Judges of Georgia
This video offers an unprecedented look at the individuals who preside in our superior courts presented by the judges themselves. Topics range from jurisdiction of the superior court, a typical judge's workday to the role of the jury. The DVD, available in a 15 minute or 30 minute version, was produced by the Council of Superior Court Judges and is available from the Council at 404-656-4964.

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Background photo: Clarke County DUI Press Conference at State Capitol on February 26, 2008.

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Landmark Day for Henry County Courthouse

J udges of the Henry County Superior Court and Justices of the Supreme Court of Georgia, along with local guests of honor gathered at the Henry County Courthouse in McDonough on January 4, 2008 to celebrate completion of the two-year building renovation project. The red brick courthouse, built in 1897 and featuring its original clockworks, required structural repairs, improvements to energy efficiency, updated communications equipment in the courtrooms and jury assembly areas as well as additional security cameras. Embossed tin ceiling tiles in the courtrooms were also restored.
Total cost of the project: $3.5 million.

Chief Judge Arch W. McGarity (far left) cuts the ribbon reopening the Henry County Courthouse. Members of the Georgia Supreme Court, on hand for the event include Justice P. Harris Hines (second from left), and Justice Hugh Thompson and Justice Robert Benham (right of center).

Access and Fairness Sponsors Savannah "Color of Justice" Program

High school students from Savannah and Chatham County high schools gathered at the Chatham County Courthouse on Saturday, February 9, 2008, to learn about legal and judicial careers.
Participating local judges included Judge Tammy Cox Stokes, Recorders' Court of Chatham County and Judge LeRoy Burke, III, Juvenile Court of Chatham County (pictured

at bottom). Judge James Bass and Judge John Morse, Superior Court of Chatham County, Judge Orion Douglass, State Court of Glynn County, and former Atlanta City
Court Judge Nina Radakovich were also on hand.
For more information on sponsoring a Color of Justice Program in your area, contact Ms. Silvia Gaines, Program Manager, Georgia Committee on Access and Fairness in the Courts, at 404463-3927.

FY 07 Annual Report Now Available
Last year, the Georgia Courts Journal got a facelift. This year the Annual Report boasts a new format. The FY 07 Annual Report of the Georgia Courts gives an overview of court caseloads.
Composite CY 06 totals for the appellate and trial courts are presented alongside the CY 05 totals for comparison.
Complete caseload reports for the trial courts are available at www.georgiacourts.org/publications. php in the FY 07 Annual Report -- Supplemental.

Complete caseload reports for the trial courts are available at www.georgiacourts.org/publications.php in the FY 07 Annual Report -- Supplemental.

Visits & Visitors: Supreme Court News

Liberian Judges Attend Court Reporting Demonstration

Imagine your courtroom running at the speed of a typist pecking out a trial transcript on a manual

Associate Justice Kabineh M. Ja'neh, Supreme Court of Liberia; Circuit Judge J. Boima Kontoe, and

typewriter.

Councillor Oswald Tweh, President,

That's just one hardship judges in Liberian National Bar Association,

the African nation of Liberia are fac-

witnessed a demonstration of a real-

ing following

time steno-

decades of civil

graph

war and political

machine by

upheaval. Liberia

Board of

is now moving

Court

toward creation

Reporting

of a Judicial

members

Training

Ms. Marilyn

Institute.

Roe and

Recently the

Ms. Kerry

International Legal Assistance Consortium

Ms. Kerry McFadden demonstrates the stenograph machine McFadden.

she uses as a freelance court reporter as Liberian judges

Court

look on.

reporting in

(ILAC), a group providing technical

Liberia is definitely a challenge, the

legal assistance to post-conflict coun- judges noted during their visit. A full

tries, brought a delegation from

day of court might yield 12-15 pages

Liberia to the United States. Two

of a trial transcript in Liberia.

Liberian judges and one top lawyer

Outside of the capitol city of

made a stop at the Administrative

Monrovia, much of the country has

Office of the Courts in Atlanta to

no electric power. Compare that to

learn about court reporting tech-

the 250-300 pages produced daily in

niques in Georgia.

a typical superior court in Georgia.

Emory Law School

The Supreme Court of Georgia convened its February 26 oral arguments at Emory Law School. Law students, faculty, and staff filled the Tull Auditorium to capacity to witness Reaves v. The State and Hardin et al. v. NBC Universal, Inc., et al.

(Left - right) Associate Justice Kabineh M. Ja'neh, Justice Harold Melton, Supreme Court of Georgia, Circuit Judge J. Boima Kontoe, and Councillor Oswald Tweh pictured in the courtroom of the Supreme Court.
Justice Harold Melton also met with the delegation and answered their questions about the Supreme Court of Georgia.
Court System Poster Reprint Available
Demand has been high for the "Welcome to Georgia's Court System" poster. To meet that demand, a third printing with a new color scheme and photographs is now available.
For copies of the poster, e-mail your request to Ashley Stollar, AOC graphic designer, at stollara@gaaoc.us

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Background photo: Supreme Court at Emory Law School, February 26, 2008.

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Cover Photo
1. Chief Judge Robert J. James, Superior Court, Douglas Judicial Circuit; 2. Judge Donald B. Howe, Jr., Superior Court, Douglas Judicial Circuit; 3. Judge Barbara H. Caldwell, Magistrate, Douglas County; 4. Judge Susan S. Camp, Chief Magistrate, Douglas County; 5. Chief Judge Charles S. Wynne, State Court of Hall County; 6. Judge Alvin T. Wong, State Court of DeKalb County; 7. Judge Maria Golick, State Court of Cobb County; 8. Chief Judge Edward E. Carriere, State Court of DeKalb County; 9. Judge Jeanette Little, State Court of Troup County; 10. Chief Judge Brenda Weaver, Superior Court, Appalachian Judicial Circuit; 11. Judge Russell McClelland, State Court of Forsyth County; 12. Judge Frank Jordan, Superior Court, Chattahoochee Judicial Circuit; 13. Judge Jennifer McKinzie, Juvenile Court, Augusta Judicial Circuit; 14. Judge Sheryl Jolly, Superior Court, Augusta Judicial Circuit; 15. Judge James Blanchard, Superior Court, Augusta Judicial Circuit; 16. Judge J. David Roper, Superior Court, Augusta Judicial Circuit;

Courthouse Spotlight
Whitfield County
County Seat: Dalton Built: 2006 Judicial Circuit: Conasauga
Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334