Georgia courts journal, Apr. 2009

A Publication of the Judicial Council of Georgia
Stephens County Historic Courthouse
page 7
April 2009
Court of Appeals Marks New Year with New Chief Judge . .pg 1 People & Places . . . . . . . . . .pg 2 State of Judiciary . . . . . . . . . .pg 4 Youth Summit at Supreme Court . . . . . . . . . . .pg 5 In the News . . . . . . . . . . . . . .pg 6 Stephens Courthouse . . . . . . .pg 7 Election Results . . . . . . . . . . .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 April 2009

Court of Appeals Marks New Year with New Chief Judge

The Honorable M. Yvette Miller took the oath of office to become Chief Judge

Barnes, Court of Appeals; Judge Frank M. Hull, Eleventh Circuit Court of Appeals; Judge Beverly

former Governor Roy E. Barnes; former Attorney General Michael Bowers; Attorney General Thurbert

of the Court of Appeals of Georgia

Martin, US District Court, Northern Baker. Ms. Jovita Moore, WSB-TV

on January 6, 2009.

news, served as master of

Chief Judge Miller

ceremonies. The invocation

becomes the first

was delivered by Bishop

African-American

Eddie Long of New Birth

woman to lead the

Missionary Baptist Church

Court.

and the benediction was

Justices of the

given by Rev. Marvin

Supreme Court, judges

Moss, Judge Miller's pastor

of the Court of Appeals,

at Cascade United

friends and family of

Methodist Church

Judge Miller attended

Chief Judge Miller

the ceremony in the

was appointed to the

House Chambers.

Court of Appeals in 1999

Presiding Judge

Presiding Judge Gary B. Andrews, left, administers the oath of office to Judge M. Yvette Miller by Gov. Roy Barnes. Prior

Gary B. Andrews

as Chief Judge of the Court of Appeals of Georgia.

to that time she served as

administered the oath

State Court Judge of

of office. Speakers at the event

District of Georgia; Judge Brenda

Fulton County. Judge Miller is a

included Chief Judge Anne Elizabeth Cole, State Court of Fulton County;

native of Macon, Georgia.

Doyle Begins First Term
Judge Sara L. Doyle, elected as the seventy-first judge of the Court of Appeals of Georgia, was sworn-in at the Capitol on December 18, 2008. Governor Sonny Perdue administers the oath of office as Doyle's mother-in-law looks on.

Board of Court Reporting Vacancies
The Board of Court Reporting is currently seeking nominees for four vacant seats. Three certified court reporters and one state court judge will be appointed for the term of office beginning August 1, 2009.
Prospective applicants must have at least five years of experience in court reporting or law. Please submit a letter of interest and resume to:
Aquaria R. Smith, Program Manager Board of Court Reporting 244 Washington St., S.W., Suite 300 Atlanta, Georgia 30334

People, Places, & Events

In Memoriam
Judge Michael Leeper of Stone Mountain died September 26, 2008. Judge Leeper served the Municipal Court of Stone Mountain.
Senior Magistrate Judge Hal Morris of Augusta died January 23, 2008.
Mr. Curtis "Buddy" Rogers of Soperton died March 7, 2009. Mr. Rogers served as superior court clerk of Treutlen County since his election in 1983. He was selected as the 8th Judicial District of Georgia's Clerk of the Year in 2009.
Senior Judge C. Cloud Morgan of Macon died March 15, 2009. Judge Morgan was elected superior court judge of the Macon Judicial Circuit in 1966; he retired in 1990. Judge Morgan served in the US Navy during World War II. He was a 1948 graduate of Mercer Law School.
Judge Quillian L. Bryant of Louisville died March 25, 2009. Judge Bryant served as probate judge of Jefferson County from 1960 until his death. He served in the U.S. Air Force; he earned a law degree from the University of Georgia.

Transitions
Judge Orinda D. Evans, Judge Jack T. Camp, and Judge Clarence Cooper of the US District Court, Northern District of Georgia have taken senior status.
Judge Hugh Lawson of the US District Court, Middle District of Georgia, has also taken senior status. These vacancies are filled by presidential appointment.
Mr. George Nolan, Executive Director of the Georgia Courts Automation Commission, retired on February 27, 2009, after 25 years of service with the state.

Mr. John A. "Tripp" Fitzner, 6th District Court Administrator, resigned from his position on December 31, 2008 to become Chief Assistant District Attorney for the Middle Judicial Circuit. Mr. Bob Nadekow has taken the position of District Court Administrator in the 6th District.
Mr. Tom Gunnels, 10th District Court Administrator, resigned from his position on Febraury 28, 2009, to become the Circuit Court Administrator for the Augusta Judicial Circuit.

Robert L. Doss, Jr. (1946 -- 2008) Former AOC Director

Mr. Robert L. Doss, Jr., former director of

the Administrative Office of the Courts, died

October 15, 2008 following a lengthy illness.

During his years as head of the Georgia AOC,

1975 -1998, Mr. Doss was well-known nation-

ally for his work with the Conference of State

Court Administrators. He served as president

of COSCA in 1986 and was recognized by the

National Center for State Courts with its

Distinguished Service Award in 1992. In 2005,

Mr. Doss was honored for his service to the Georgia courts with the William Herndon

Mr. Robert L. Doss, Jr.

Award.

Mr. Doss was a graduate of Georgia State University earning a

Master's Degree in Criminal Justice Systems and Urban Affairs. He

was a Fellow of the Institute for Court Management and served on its

Advisory Council. He is survived by his wife, Ms. Gail Doss of Powder

Springs, and two adult children, Mr. Robert L. Doss, III and Ms. Sarah

Doss.

2 Georgia Courts Journal April 2009

3 Georgia Courts Journal April 2009

People, Places, & Events cont.

Honors and Awards

Judge Ben Studdard, State

Court of Henry

County, received

the Ogden

Doremus Award

presented by the

Council of State

Court Judges on

October 16,

2008. Judge Studdard has

Judge Ben Studdard

served on the Henry County bench

since 1998; he is a past president of

the Council of State Court Judges.

Judge Tim Pape, Juvenile Court

of Floyd County,

received the

inaugural Aaron

Cohn Award

presented by the

Council of

Juvenile Court

Judges at its fall

Judge Tim Pape

conference in October 2008.

Judge Pape was appointed to the

Floyd County bench in 1982.

Senior Judge Roy M. Lilly was honored on January 29, 2009, at an unveiling of his portrait in the Thomas County Courthouse. Judge Lilly, a 1939 Mercer Law School graduate, served as Superior Court Judge in the Southern Judicial Circuit from 1979 until he took senior status in 1994.
Chief Judge Harry Jay Altman, Senior Judge Arthur McLane, and Judge James Hardy were on hand

with stories about Judge Lilly who turns 90 in May. The portrait will hang in the new Thomas County Judicial Center which is under construction.

Chief Justice Leah Ward Sears received the eighth Charles L. Weltner Freedom of Information Award on February 28, 2009. The Weltner Award honors a Georgian who has done significant work for freedom of information. Former Chief Justice Norman Fletcher received the award in 2005.

The Tenth Annual Chief Justice Robert Benham Award recipients were honored on March 10, 2009, in Atlanta. The Benham Awards for Community Service were established in 1998 to highlight the spirit of volunteerism in the legal community.
The Lifetime Achievement Award was awarded posthumously to Judge Griffin E. Bell, former federal appellate judge and former US Attorney General. The award was accepted by Judge Bell's son and grandson.

Trial Judges Recognized:

Judge James E.

Hardy, Southern

Judicial Circuit,

recognized for

the community

programs

including the

Terrific Kids

Program,

Judge James E. Hardy

Baskets for Shut-Ins, Thomas County Head Start, the South Georgia Intelligence Network, and the Children's Advocacy Center.
Judge Johnny N. Panos, State Court of DeKalb County, recognized for his work with Project Achievement, a group that provides sentencing Judge Johnny N. Panos alternatives to youthful offenders.
Appointments
On February 4, 2009, Gov. Sonny Perdue swore-in Judge Wade Padgett (see below) Superior Court, Augusta Judicial Circuit. Judge Padgett served as Chief Magistrate of Columbia County prior to being appointed to the Superior Court bench.
Judge Wade Padgett is sworn-in as his wife holds the Bible.
Gov. Sonny Perdue announced the appointment of Judge Jay Roth to the State Court of Fulton County on March 4, 2009.
continued pg 7

State of Judiciary Address: 2009

Chief Justice Leah Ward Sears delivered her final State of the Judiciary address on February 4, 2009, before a joint session of the Georgia

tion of government is a breach of trust with its citizens.
In facing the troubles ahead, Chief Justice Sears applauded the

exceptional people who have dedicated years of hard and at times heartbreaking work to make Georgia's judicial system the very best in the
nation."

General Assembly. The Chief Justice warned that the current fiscal crisis strains a judicial system which operates on less than one percent of the total state budget.
Chief Justice Sears noted that

Highlights of Sears Tenure Supreme Court of Georgia named most productive state supreme court in the nation by the University of Chicago Law School.

even in good eco-

nomic times the

In 2008, the

work the courts do is difficult given the volume and

Chief Justice Leah Ward Sears, center, delivered her final State of the Judiciary address on February 4, 2009. House Speaker Glenn Richardson, left, and Lieutenant Governor Casey Cagle welcomed her to a joint session of the General Assembly in the House Chambers.

National Highway Traffic Safety Administration and

complexity of legal

National Council of

issues brought into Georgia's courts.

state's appellate and trial courts that

Juvenile and Family Court Judges

"Administering justice is a function

"work hard to ensure that all people

cited the work of Georgia's drug

only government can fulfill," Chief

have access to justice."

courts as a model for the nation.

Justice Sears stressed. She voiced concern over states taking drastic steps such as cutting back on the number of jury trials or leaving judgeships vacant. Regardless of economic climate, she believes the work of Georgia's courts must continue; neglecting this fundamental obliga-

Farewell Reflections Chief Justice Sears, who will retire
on June 30, reflected on her 26 years of judicial service as a traffic court judge, superior court judge, and Justice of the Supreme Court. "I have had the privilege of working with

The Supreme Court Commission on Children, Marriage, and Family Law co-hosted a national summit on marriage.

4 Georgia Courts Journal April 2009

Historic Tenure Ends June 30

When Chief Justice Leah Ward Sears was appointed to the Supreme Court bench in 1992, she became the first woman and youngest individual ever on the state's highest court. To retain her seat, she faced

the voters of Georgia that same year defeating her opponent in a statewide election. In winning election to the full six-year term, she became the first woman to prevail in a Georgia election contest for state office.
In 2005 she succeeded Norman

Fletcher as Chief Justice to become the first African-American woman to attain such a post in any of the fifty states. Though her term as chief justice is ending, Chief Justice Sears's status as a groundbreaking jurist and Citizen of the World is not.

5 Georgia Courts Journal April 2009

Supreme Court Sponsors Teen Summit
Rapper T.I. Encourages Education, Smart Decisions

On Friday, February 20, 2009, the Supreme Court of Georgia co-hosted a unique summit for Georgia teens. "Play by the Rules" featured presentation by rapper T.I. and former

Georgia law concerning juvenile crime is often confusing, yet there is no clause or loophole that says just because a teen doesn't know he's committing a crime that he's absolved of responsibility.

Your Environment Does Not Define You
Grammy Award-winning rapper and Atlanta resident T.I. spoke as a part of a community service require-

DeKalb District

ment. Last year, the

Attorney Mr. J. Tom

rapper pled to fed-

Morgan. High school

eral firearms

students from Atlanta,

charges.

Columbus, and

The rapper,

Savannah heard prac-

whose real name is

tical information to

Clifford Harris,

steer them down a

urged the teenagers

positive path and help

to view education

keep them out of the

as a means of

courtroom.

advancement. Hard

Chief Justice Leah

work can open

Ward Sears welcomed

doors that other-

the group to the

wise would be

Supreme Court court-

closed to them;

room and introduced

their current cir-

the speakers.

cumstances can

Ignorance is No Defense

Clockwise: A student asks a question. Rapper T.I. urged students to work hard and value education. Mr. J. Tom Morgan advised the group on laws which affect them.

motivate them to move forward. "Your environment does not define

Mr. J. Tom

you," he told the

Morgan spoke from his experience as the DeKalb

Play by the Rules

students. At the end of the program, Mr.

County District Attorney for 12 years and his current practice as a defense attorney.
In an hour-long presentation based largely on the contents of his book, "Ignorance is No Defense: A Teenager's Guide to Georgia Law," Mr. Morgan illustrated some of the risky scenarios involving sex, alcohol, and drugs teens might likely

At the age of 13, a child can be prosecuted as an adult if charged with a felony that is one of the seven deadly sins. At the age of 16, a child prosecuted for shoplifting is prosecuted in juvenile court while her 17-year-old friend is prosecuted in superior court when convicted results in a criminal record.

Morgan and T.I. answered a wide range of questions from the students. Each participant received a copy of "Ignorance is no Defense: A Teenager's Guide to Georgia Law."

face.

In the News

The Augusta Chronicle reported that construction on a $67 million judicial center for Richmond County began in December. (12/18/08)
A LIFE IN THE LAW: The Columbus LedgerEnquirer profiled Judge Aaron Cohn, Juvenile Court of Muscogee County, who is the subject of the book "Judge Aaron Cohn: Memories of a First Generation American".
COURT GUIDES MENTALLY ILL TO BETTER MANAGE LIFE: An article in the Athens Banner Herald spotlighted the Clarke County Treatment and Accountability Court run by Judge David Sweat, Superior Court, Western Judicial Circuit. (12/18/08)
The Rockdale Citizen reported on alternative sentencing in Rockdale County's Juvenile Court. From November 26, 2008 until January 9, 2009, Judge William Schneider gave juveniles sentenced to community service the option of donating 25 cans of food rather than complete five hours of community service. (12/13/08)

The Cherokee Tribune ran a feature story on Chief Magistrate Judge James Drane's goal of implementing an electronic warrant system for Cherokee County by the end of 2009. (12/26/08)
Another article highlighted the technology efforts of Superior Court Clerk Patty Baker who has implemented an on-line case tracking system. (02/01/09)
BREAKING THE GLASS CEILING(S): An article in the Marietta Daily Journal highlighted Judge M. Yvette Miller's assumption of the role of Chief Judge of the Court of Appeals. (12/30/08)
The Valdosta Daily Times profiled Judge Chase Daughtrey, Probate Court of Cook County. At the age of 26, Judge Daughtrey is the youngest Probate Court judge in the state. (01/11/09)
COUNTY MAGISTRATE'S HERITAGE A BADGE (AND KILT) OF HONOR: The Athens BannerHerald profiled Judge Harry Rice, Chief Magistrate of Madison County, and his wife; both are avid Scots enthusiasts. (02/24/09)

JUDGE: BUDGET CUTS FORCING CHANGES: The Brunswick News published a story showing how budget cuts in the state budget are straining the court system. The Brunswick Judicial Circuit has issued a freeze on civil case trials, except in domestic cases, freeing judges to process criminal cases more quickly. (02/13/09)
The Atlanta Journal Constitution ran an article on the State Court of Clayton County's quest to add a fifth judge this legislative session. (03/01/09)
The Marietta Daily Journal (02/23/09) and the Augusta Chronicle (03/01/09) profiled Senior US District Judge Anthony Alaimo, the subject of a the book: "The Sicilian Judge: Anthony Alaimo, an American Hero."
JUDGE RECOUNTS FULTON COURTHOUSE RAMPAGE CASE: The Marietta Daily Journal profiled Judge James Bodiford's role in the Brian Nichols trial. (03/07/09)

FULTON JUDGE FOLLOWS UNLIKELY PATH TO BENCH: Judge Alford Dempsey, Superior Court of Fulton County, was profiled in the Fulton County Daily Report. (3/23/09)

6 Georgia Courts Journal April 2009

7 Georgia Courts Journal April 2009

Stephens County Courthouse Restoration

FY 08 Annual Report Now Available Online

The splendor of the early twentieth century was on display at the re-dedication ceremony for the Stephens County Courthouse on November 23, 2008. A standing-room only crowd in the second-floor courtroom (at right) joined Senior Judge Robert Struble, local Stephens County dignitaries, and former Georgia Governor and US Senator Zell Miller for the ceremony.

Senior Judge Appointments

The following judges have been appointed to serve as senior judges by the Governor:
Superior Court Judge Robert W. Adamson Judge Kenneth B. Followill Judge Loring A. Gray, Jr. Judge Donald B. Howe, Jr.

Judge Gary C. McCorvey Judge H. Arthur McLane Judge J. Richard Porter, III Judge F. Larry Salmon Judge Lindsay A. Tise, Jr. Judge James R. Tuten, Jr. Judge Phillip R. West Judge Duncan Wheale Judge Anne Workman

The next meeting of the
Judicial Council of Georgia
is scheduled for Wednesday, July 22, 2009 State Bar of Georgia Atlanta, GA
1:30 p.m.

State Court Judge Jesse Copelan
Juvenile Court Judge James E. McDonald, Jr.
Probate Court Judge Kipling L. McVay Judge Jackie O. Driskell

The FY 08 Annual Report of the Georgia Courts has been published to the AOC website and is available at www.georgiacourts.org/aoc/publications.php
Composite CY 07 totals for the appellate and trial courts are presented alongside the CY 06 totals for comparison.
Detailed caseload reports for the trial courts are available in the FY 08 Annual Report -- Supplemental found on the website in the archives section of the Publications page.
People, Places cont.
Drug, DUI and Mental Health Court Conference
The 2009 Drug, DUI, and Mental Health Court Conference will be held May 26 - 28, 2009, at the Westin Buckhead in Atlanta. The program focus will be best practices in use in the drug court, substance abuse and mental health fields in the country. For more information on registration visit www.georgiacourts.org/ courts/accountability/conference.php

November/December 2008 Election Results

Court of Appeals
Judge Sara L. Doyle
Superior Courts (by circuit)
Judge Kimberly Esmond Adams Atlanta
Judge Anthony Harrison, Brunswick Judge Gil McBride,Chattahoochee Judge T. Christopher Hughes,
Cordele Judge Denise Marshall, Dougherty Judge Beau McClain, Douglas Judge Karen E. Beyers, Gwinnett Judge Brian House, Lookout Mtn. Judge Jeffery S. Malcom, Northern Judge Sarah Wall, Oconee Judge Currie Mingledorff, Piedmont Judge John E. Niedrach, Rome Judge J. Kevin Chason, South Georgia Judge James G. Tunison, Southern Judge Tangela Barrie, Stone Mountain Judge Melanie B. Cross, Tifton
State Courts (by county)
Judge Kenneth E. Futch, Jr., Bacon
Probate Courts (by county)
Judge Margie O'Brien, Atkinson Judge David Hobby, Ben Hill Judge James McGlaun, Chattahoochee Judge Keith Wood, Cherokee Judge Kelli Wolk, Cobb Judge Chase Daughtrey, Cook Judge Beth Mosley, Effingham Judge Ann Jackson, Fayette Judge Richie Parker, Gordon Judge Sue Bottoms, Habersham Judge Cody Cross, Madison Judge Heather Stuart, Marion Judge Teresa Jennings, McIntosh Judge Huey Davis, Pierce Judge Amy Bagwell, Seminole

Judge John Terry, Talbot Judge Dianne Renfroe, Taylor Judge Betty Johnson, Telfair Judge Larry Threlkeld, Toombs Judge David Rogers, Towns Judge Tammy Thornton, Wayne Judge Sheri Blevins, Whitfield Judge Thomas Charping, Wilkes
Magistrate Courts (by county)
Judge Romelle L. Green, Jr., Ben Hill Judge Sterling Wimberly, Burke Judge Jennifer Lewis, Camden Judge Steven R. Wagner,
Chattahoochee Judge Karleen S. O'Berry, Clinch Judge Charles Wayne Ellis, Cook Judge Steve Ingram, Crisp Judge Lisa Thurmond, Dawson Judge Walker H. Bramblett, Forsyth Judge Denise Dallas, Glascock Judge Brandon C. Heath, Haralson Judge Brenda Jennings, Heard Judge Matthew Waters, Johnson Judge Judy B. Mullis, Lanier Judge Stephen Hyles, Muscogee Judge Amy Bagwell, Seminole Judge John Raymond Terry, Talbot Judge David Rogers, Towns Judge Janice Thigpen, Warren Judge Julianne E. James, Webster Judge Haynes Henton Townsend,
Whitfield Judge Tony Strenth, Worth

Superior Court Clerks (by county)
Regina McIntyre, Barrow Betty Lynn Johnson, Ben Hill Shawna Hughes, Berrien Cindy Crews, Brantley Teresa P. Tucker, Bulloch Alan Lee, Carroll Cecila Willis, Decatur Kathy Hendrix, Evans Barbara Penson, Floyd Greg G. Allen, Forsyth Debbie Kines, Grady Charles Baker, Hall Becky Robinson, Haralson Frankie Gray, Hart Deborah Clark, Lanier Jackie Dalton, Laurens Sara Clark, Lee Amanda Doss, Lincoln Rita Harkins, Lumpkin Gail Johnson, Miller Connie Reed, Murray Kelli Smith, Oglethorpe Sheila H. Perry, Putnam Ruth Wilson, Rockdale Tim Quick, Stephens Janice Bryant, Terrell Mary Lee Green, Turner Judy Odom, Union Teresa Harper, Upson Carter Brown, Walker Carol A. Bragg, Wheeler Melica Kendrick, Whitfield

A Need to Contact the AOC?

C Administrative Office of the Courts

404-656-5171 Atlanta office 478-471-5315 Macon office
www.georgiacourts.org

8 Georgia Courts Journal April 2009

Courthouse Spotlight
McDuffie County
County Seat: Thomson Built: 1872, additions in 1934 Judicial Circuit: Toombs
Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334