Georgia courts journal, Vol. 24 no. 5 (June 1997)

l IJudicial Legislative Log

SB 80 Drug Dealer Liability Act
OCGA 51-1-46
Provides a civil remedy for damages to persons in a community injured as a result of illegal drug use; excludes "licensed practitioners" from the definition of drug dealer.
(Signed 4I 4I 97; Act #24.)
SB 91 County Officers: Health Benefits
OCGA 45-18-7.6, 45-18-10, 45-18-7.3
Authorizes the state personnel board and counties to contract with the County Officers Association of Georgia for participation of certain county officers in health insurance plans; officers, and their employees, spouses, and dependents to be included are: probate judge, clerk of superior court, chief magistrate, full-time or parttime state court judge, solicitor, solicitor-general. (Signed 4/21/97; Act #306.)
SB 103 Electronic Records and Signatures
OCGA 10-12-1 to -4, 45-13-29, 50-18-72, 50-29-12
Authorizes the use of electronic records and electronic signatures instead of written ones and provides for the legal effect of such usage; allows recovery by an individual whose electronic signature is utilized in an unauthorized fashion; authorizes pilot projects for the application of technology to be approved by the Georgia Information Technology Policy Council; creates the Electronic Commerce Study Committee. (Signed 4/22/97; Act #394.)
SB 133 Alternative Dispute Resolution Programs: Funding
OCGA 15-23-1, 15-23-3, -5, -1 O and others
Increases the allowable ADR fee which may be charged in each civil action or case from $5.00 to $7.50; revises the powers, composition and duties of boards of trustees of county ADR funds. (Signed 4/21 /97; Act #313; Effective 1/1 /98.)
SB 242 Board of Pardons and Paroles: Release of Information
OCGA 42-9-20.1, 42-9-46
Requires the Board of Pardons and Paroles to develop and implement a system so that citizens may obtain information on persons who have been convicted of a felony and paroled; provides for restrictions, rules, and regulations. (Signed 4/21 /97; Act #326. Effective date contingent upon funding.)

SB 276 Professional Malpractice: Damages
OCGA 9-11-9.1
In any action for damages alleging professional malpractice against a professional licensed by the state, requires the plaintiff to file an affidavit of an expert competent to testify setting forth at least one negligent act or omission claimed to exist; a plaintiff may cure the failure to file a requisite affidavit, or cure an alleged defect, within 30 days of service of the motion alleging the failure to file; allows the trial court to extend the time for filing amendments or responses. (Signed 4/21/97; Act #327.)
SB 306 Council of Court Administrators
OCGA 15-5-1 00
Creates the Georgia Council of Court Administrators to be composed of the full-time court administrators and managers of all courts within the state. (Signed 5/1/97; Act #477.)
SB 357 Prphibited Abortions
OCGA 16-12-141, 16-12-144
Prohibits partial birth abortions; provides penalties of a $5,000 fine and imprisonment for not more than 5 years, or both, for persons convicted of knowingly performing such an abortion. (Signed 3/25 /97; Act #15.)
SR 232 Study Committee on Prevention and Treatment of Substance Abuse
Creates the Joint Study Committee on the Prevention and Treatment of Substance Abuse composed of 18 members, including one judge who is assigned to a drug court, to conduct a comprehensive study of the needs of the state regarding substance abuse prevention and treatment services. (Signed 4/29 /97; Act #31.)
SR 249 Elections Code: Revision Creates the Joint Study Committee on Comprehensive Revision of the Elections Code; provides a total membership of 12: 6 members to be appointed by the President of the Senate; 6 members to be appointed by the Speaker of the House; authorizes the committee to make a systematic study on the need for comprehensive election law reform and mechanisms to address any such need. (Signed 4/29 /97; Act #32.)

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Criminal Law and Procedure

HB 100 Permission for Lawful Entry
OCGA 16-7-21
Provides that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian if the parent or guardian has previously given notice that such entry is forbidden. (Signed 4/14/97; Act #185.)

HB 105 Criminal Prosecutions: Ban on Publications
OCGA 16-1 0-98
Prohibits any judge, prosecuting attorney, or investigating officer in a criminal case, or law enforcement officer who is a witness in a criminal case, from publishing a book or article for remuneration, or entering into an agreement for remuneration, concerning a case; applies only to the time period between indictment and completion of any direct appeal. (Signed 4/29 /97; Act #411.)

HB 178 Theft by Conversion
OCGA 16-8-4
Defines the term "personal property" as property having a replacement cost value greater than $100 excluding any late fees and penalties; defines "replacement costs" of leased or rented personal property. (Signed 4/4/97; Act #38; Effective 4/4/97.)

HB 183 Criminal Records: Inspection
OCGA 35-3-37
Allows a person who has been arrested for an offense and subsequently released to request in writing that the arresting agency expunge the arrest records; provides certain procedures, fees and exceptions. (Signed 4/29/97; Act#417.)

HB 187 Criminal Justice Coordinating

Council: Composition

OCGA 35-6A-3

Increases the membership of the Criminal Justice Coor-

dinating Council from adding the director of

23 the

mGeemorbgeiarsItnod2ig4emnteDmebfeerns~e

Council.

(Signed 4/11/97; Act #40.)

HB 211 Sex Offenders: Chemical Treatment
OCGA 16-6-4, 42-9-44.2
Authorizes the sentencing court or the Board of Pardons and Paroles to require that persons convicted of certain child molestation offenses undergo an evaluation to determine whether certain chemical treatments would be appropriate as a condition of eligibility for probation and parole; consent in writing must be given by the offender prior to treatment. (Signed 5/1 /97; Act #484.)
HB 293 Oath of a Witness
OCGA 17-8-52, 15-12-68
Eliminates reference to the charges against the defendant in the oath administered to witnesses in criminal trials and criminal cases before the grand jury. (Signed 4/29 /97; Act #451.)
HB 324 Criminal Cases: Imposition of Fines
OCGA 15-21-131
Authorizes any court of this state or of any municipality or political subdivision of the state to impose an additional fine of 5% of the original fine for any criminal offense or any criminal ordinance violation; such fines are to be used to fund local assistance programs for crime victims. (Signed 4/14/97; Act #201.)
HB 347 Possession of Marijuana
OCGA 15-7-4, 16-13-2, 36-32-6
Provid~s for state court jurisdiction over cases involving possession of one ounce or less of marijuana.
Provides that possession of one ounce or less of marijuana is a misdemeanor.
Grants jurisdiction to municipal courts of cases involving possession of one ounce or less of marijuana, if the offense occurred within the corporate limits of such municipality. (Signed 4/29 /97; Act #423; Effective 4/29 /97.)
HB 423 Felony Shoplifting
OCGA 16-8-14
Specifies that convictions for shoplifting shall be used in consideration of subsequent punishment for shoplifting whether the prior offenses were felony or misdemeanor shoplifting; specifies that the fourth or subsequent conviction shall be a felony; allows sentencing to confinement of 120 days in a boot camp, probation detention center, diversion center, or other community correctional facility, or to monitored house arrest. (Signed 4/29 /97; Act #429; Effective 4/29 /97.)

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HB 620 Out-of-State-Bail Jumping
OCGA 16-10-51, 17-6-15, 17-6-31
Adds offenses of driving without a license, or driving while a license is suspended or revoked and any offense relating to requirement of the operator or owner of a motor vehicle to have proof of insurance to the list of misdemeanors that apply to bail jumping; provides for a penalty of not less than 1 year or more than 5 years imprisonment, or a fine of not less than $1,000 or more than $5,000, or both; establishes conditions by which the surety may be released from liability. (Signed 4/21 /97; Act #361.)
HB 708 Telemarketing: Fraud
OCGA 10-1-393, 10-1-393.5, 16-8-12
Creates a felony offense when any person who is engaged in telemarketing, or activity involving or using a computer, or computer network, or engaged in home repair work, or home improvement work defrauds a person or entity, operates as a fraud or deceit or commits any offense involving certain types of theft; authorizes an additional civil penalty for practices where fraud of an elderly or disabled person is involved. (Signed 4/29 /97; Act #455.)
SB 15 Sentence Reform Act of 1994: Revision
OCGA 16-6-1 , 16-6-2
Restores the offenses of rape and aggravated sodomy to the mandatory minimum sentencing provisions of the Sentence Reform Act of 1994; persons convicted of these offenses shall serve minimum terms of imprisonment which shall not be suspended, probated or deferred. (Signed 2/5/97; Act #3; Effective 2/5/97.)
SB 90 Victim Compensation
OCGA 17-15-2, 17-15-5, 17-15-8
Provides that victims of certain crimes committed outside the state are eligible for victim compensation; increases the time for filing a claim from 180 days to 1 year after the occurrence of the crime, or not later than 1 year after the death of the victim. (Signed 4/4/97; Act #92.)
SB 105 Sexual Offenders: Define
OCGA 42-1-12
Includes in the definition of "criminal offenses against a victim who is a minor" any federal offenses and offenses committed in other states or territories of the U.S. under certain circumstances; requires registration of

sexual offenders convicted in other jurisdictions with the Georgia Bureau of Investigation. (Signed 4/4/97; Act #23.)
SB 140 Peace Officers: Prosecutions
OCGA 17-7-52
Specifies that any prosecutions against peace officers, whether for misdemeanors or felonies, shall not proceed either in state or superior court without a grand jury indictment. (Signed 4/21/97; Act #314.)
SB 171 Family Violence Proceedings
OCGA 19-13-2, 19-13-23, 19-13-31
Establishes a misdemeanor offense for knowingly disclosing the location of a family violence shelter; provides that jurisdiction over family violence cases involving a nonresident respondent shall be in the superior court where the petitioner resides, or the superior court where the act involving family violence allegedly occurred; attaches the State Commission on Family Violence to the Administrative Office of the Courts for administrative purposes only. (Signed 5/1 /97; Act #477.)
SB 176 Sex Offenders: Prohibitions
OCGA 16-12-1.1, 49-5-65. 1
Prohibits day care facility operators from employing or domiciling persons who have been convicted, have entered a plea of guilty or nolo, or have been adjudicated delinquent for committing certain sexual offenses or violent offenses; requires OHR to either deny the issuance, or revoke the license of facilities found to be in violation. (Signed 4/14/97; Act #282.)
SB 205 Simple Battery: Define
OCGA 16-5-23
Provides that simple battery committed against a female who is pregnant at the time of the offense is a misdemeanor of a high and aggravated nature. (Signed 4/21 /97; Act #321; Effective 4/21 /97.)
SB 227 Bombs, Explosives: Penalties
OCGA 16-7-88
Makes it unlawful to possess, transport, or receive any destructive device or explosive with the intent or knowledge that it will be used to kill, injure, or intimidate an individual or destroy any public building; provides for specific penalties and prohibits probated, suspended or withheld sentences. (Signed 4/4/97; Act#98; Effective 4/4/97.)

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SB 258 Inmate Misdemeanors; Imposition of Death Penalty
OCGA 16-6-1, 16-6-2, 17-10-3, 17-10-4, 17-10-30
Provides for sentencing an inmate convicted of a misdemeanor committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections for a period which shall not exceed 12 months; repeals prohibition of such a sentence.
Provides for imposition of the death penalty for the offense of rape and the offense of sodomy committed against a person who is under the age of 12. (Signed 4/29/97; Act #470.)
SB 316 Concealing a Death
OCGA 16-10-31
Provides for the felony offense of concealing the death of another person to be punished by imprisonment for not less than one, or more than 10 years, or a fine of not less than.$1,000 or more than $5,000, or both. (Signed 4/21/97; Act #330.)
Traffic Law
HB 681 Teenage and Adult Driver Responsibility Act
OCGA 17-10-3.1, 20-2-320, 40-5-21 to -27, 20-2-690, 40-5-1 and others
Provides for a three-stage graduated driver's license programfor drivers under age 18; restricts nighttime driving between the hours of 1:00 - 5:00 a.m. for drivers under age 18; zero tolerance for drivers under 21 who are DUI; eliminates the effect a nolo plea has on driver's license suspension; mandatory 24-hour jail-time for certain specified DUI violators: (Signed 4/14/97; Act #290.)
Superior Courts
HB 124 District Attorneys: Personnel and Administration
OCGA 1518-6, 15-18-8, 151840, -12, -13, -14, -22, -67 & others
Comprehensively revises the laws on personnel, administration and budgeting for district attorneys offices; transfers certain functions and responsibilities from OOAS to the Prosecuting Attorneys' Council; specifies

that solicitors-general of state courts shall be compensated from county funds as provided by local law; authorizes use of certain law students as legal assistants to solicitors of municipal and recorder's courts. (Signed 4/29 /97; Act #413.)
HB 125 Superior Court Judges: Office Personnel
OCGA 15-6-25 to 15-6-28.1
Revises the policies on employment, compensation, expenses and benefits of personnel employed within the offices of superior court judges; authorizes the Council of Superior Court Judges to adopt and amend uniform policies, rules and regulations that apply to all state paid personnel employed by superior court judges. (Signed 4/29 /97; Act #414.)
HB 284 Family Support Act
OCGA 19-6-17, 19-6-28, 19-7-22 and others
Brings Georgia into compliance with the provisions of the Federal Personal Responsibility and Work Opportunity Reconciliation Act covering matters of: child support, paternity, domestication of foreign judgments, creation of a statewide database for child support recovery, and the responsibilities of administrative law judges hearing Title IV-D cases. (Signed 5/5 /97; Act #491.)
Superior Court Clerks
HB 67 Clerks Training Council: Membership
OCGA 15-6-50.1
Provides that the Superior Court Clerks Training Council shall consist of nine voting members elected by the members of the Superior Court Clerks Association and three nonvoting members who are judges of the superior courts; provides that five voting members constitute a quorum for the transaction of business. (Signed 4/14/97; Act #181.)
HB 470 Hazardous Spills: Property Lien
OCGA 12-8-96, 12-8-94
Provides for liens on real property for expenditures from the Hazardous Waste Trust fund; provides for filing, indexing and settlement of such liens. (Signed 4/22; Act #393.)

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HB 524 Real Property Records: Information System
OCGA 15-6-61, 15-6-66, 15-6-99
Provides for implementation of a statewide uniform information system for real property records and a network established by the Georgia Superior Clerks' Cooperative Authority for transmission of real estate data; beginning 7/1/98 requires that all liens and conveyances to be filed have a three-inch margin at the top. (Signed 4/11 /97; Act #212; Effective 4/11 /97.)
HB 533 Real Property: Nonconforming Liens
OCGA 44-14-320, 44-14-36, 11-9-302
Provides that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect; sets forth a procedure for cancellation of the record of nonconforming liens by the clerk of superior court; exempts specific liens established by federal or state statute or other governments; validates security interests of corporations that have been entered on the Uniform Commercial Code index for secured transactions. (Signed 4/21/97; Act #359.)
SB 284 Notary Public: Certification
OCGA 45-17-4, 45-17-19
Transfers certain centralized record-keeping and certification functions for notaries public from the Secretary of State to the Georgia Superior Court Clerks' Cooperative Authority. (Signed 4/14/97; Act #261.)
State Courts
HB 348 Trial Judges: Mandatory Retirement Age
OCGA 47-10-100
Raises the mandatory retirement age for members of the Trial Judges and Solicitors Retirement Fund from 70 years to 75 years of age. (Signed 4/21 /97; Act #350.)
HB 1016 State Court of Richmond County: Second Division
Creates a second division of the State Court of Richmond County having one judge, known as an associate judge; provides for appointment by the governor for a term beginning 7/1/97 and ending 12/31/98. (Signed 4/21/97; Act #381; Effective 4/21 /97.)

HB 1020 State Court of Richmond County Provides for a second judge of the State Court of Richmond County to be appointed by the governor for an initial term beginning 7/1/97 and ending 12/31/98. (Signed 4/21 /97; Act #383; Effective 6/1 /97.)
SB 170 State Court of DeKalb County Provides for a sixth judge to be appointed by the governor for a term beginning 1/1/98 and ending 12/31/98. (Signed 4/4/97; Act #96; Effective 1/1 /98.)
Juvenile Courts
HB 126 Foster Care: Periodic Review
OCGA 15-11-41
Provides that following the initial review of a case of a child in foster care, additional periodic reviews shall be held at six-month intervals; reduces the time period for extension of an order placing a deprived child in foster care to twelve months. (Signed 4/21 /97; Act #343; Effective 4/21/97.)
HB 193 Acts of a Minor: Llablllty
OCGA 51-2-3
Raises the amount of liability of a parent or guardian from $5000 to $10,000 for the willful or malicious acts of a minor; certain additional costs may be added. (Signed 4/14/97; Act# 189.)
HB 506 Juvenile Law Enforcement Records
OCGA 15-11-59
Provides that juvenile law enforcement records and files involving offenses under the exclusive jurisdiction of the superior court shall be kept and reported in the same manner as the law enforcement records of adults. (Signed 4/14/97; Act #294.)
HB 622 Department of Juvenile Justice
OCGA 49-4A-2, 49-4A-3 and others
Changes the name of the Department of Children and Youth Services to the Department of Juvenile Justice; makes conforming changes in Chapter 4A of Title 49 of the Official Code. (Signed 4/29 /97; Act #443.)

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SB 26 Juvenile Court: Petitions for Legitimation
OCGA 15-11-5, 19-7-22
Provides that the juvenile court shall have: concurrent jurisdiction over cases involving petitions for legitimating a child by the father of a child born out of wedlock; exclusive jurisdiction for termination of the legal parent-child relationship and the rights of a biological father who is not the legal father; and concurrent jurisdiction with the superior court when such termination proceedings are in connection with adoption proceedings; allows a legitimation petition to be filed in the juvenile courts as to a child for whom a deprivation hearing is pending; allows for public inspection of juvenile court records and files in legitimation cases. (Signed 5/5/97; Act#493.)
SB 132 Juvenile Felony Offenses
OCGA 15-11-5, 15-11-14, 15-11-37, 15-11-56.1 and others
Grants ex~lusive jurisdiction to the superior court over the trial of any child 13-17 years of age who has committed certain felony offenses; adds battery against a teacher, trafficking in certain illegal drugs, racketeering, and gang terrorism to the list of designated felonies; allows use of certain juvenile records in subsequent criminal proceedings; allows access to juvenile records by the DA, the accused, superior court judges, and school officials when it is necessary for the discharge of their official duties; increases juvenile court supervision fees. (Signed 4/22/97; Act #399; Effective 4/22/97.)
Probate Courts
HB 152 Judicial Sales: Advertisement
OCGA 9-13-142
Changes the requirements for the official organ of publication to: a one-year period of continuous publication; and paid circulation for 12 months. (Signed 4/14/97; Act #187; Effectiv~ 4/14/97.)
HB 245 Inheritance Laws: Amend
OCGA 53-1-1, 53-1-8, 53-2-3, 53-3-8 and others
Revises provisions on wills including: the effect of an adoption decree, inheritance of a child born out of wedlock; separate awards of year's support for minor children; petition for an order that no administration is necessary for the estate; contract concerning succession;

service of notice of petition for probate in solemn form; selection of administrator with the will annexed and others. (Signed 4/29 /97; Act #419.)
HB 689 Supplement-Marriage Report; Marriage Ceremonies
OCGA 19-3-30, 19-3-33, 31-10-21, 31-10-25
Authorizes an application supplement-marriage report form for each marriage license issued by the probate court; provides for transmittal of this report to the state registrar of vital records.
Authorizes federal judges to perform marriage ceremonies. (Signed 5/1/97; Act #489, Effective 5/1/97.)
HB 889 Inactive Electors; Absentee Ballots
OCGA 21-2-234, 21-2-235
Authorizes the Secretary of State to identify and remove from voter lists inactive electors who have had no contact with the election process and have not filed a change of name or address, or other specified document; provides for maintenance of an inactive list of electors and for transfer back to the official list of electors, if the elector appears at the polls to vote; allows persons 16 years of age and older to be appointed poll officers in all elections.
Requires absentee ballots and their return envelopes to bear warnings regarding election fraud; provides for mailing of absentee ballots for general and special primaries and elections upon one proper application by certain eligible absentee electors. (Signed 4/14/97; Act #257; Effective 1/1/98.)
SB 182 Guardianship: Legal Fees
OCGA 29-2-2, 29-2-4 to -9, 29-2-10.1 to 10.7, and others
Provides for reasonable fees and expenses of legal counsel as allowed expenses of petitions brought for termination or modification of guardianships; adds provisions on: service on minors or incapacitated adults; inventory and appraisement of personal property owned by the ward; procedures for appointing guardians giving the probate judge exclusive power to change the date, place and time of evaluations; changes provisions on sale, rent, lease, exchange, or disposal of the ward's property by a guardian of the property; changes provisions relating to public sales. (Signed 4/21/97; Act#320; Sections 2-11; Effective 1/1/98.)

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SB 273 Proper Identification of Electors
OCGA 21-2-381, 21-2-386, 21-2-417, 21-3-283, 21-3-328
Requires that electors present proper identification at or prior to the completion of a voter's certificate; sets forth a list of proper identification and an alternative for certification of identification; authorizes certain signatures and marks on absentee ballot applications and verification of such marks. (Signed 4/14/97; Act #258; Effective 1/1 /98.)
SR73 Joint Guardianship Rewrite Committee
Recreates the Joint Guardianship Rewrite Committee to be composed of 20 members including a representative of the Georgia Council of Probate Court Judges. (Signed 4/29 /97; Act #29.)

Magistrate Courts
HB 329 Bad Checks: Damages
OCGA 13-6-15
Increases the amount of service charge that payees may recover on a bad check from $20 to $25. (Signed 4/14/97; Act #202.)
SB 313 Magistrate Courts Training Council: . Members; Corporations: Representation
OCGA 15-10-43, 15-10-132
Provides that the president of the Council of Magistrate Court Judges, rather than the governor, will appoint the five magistrate judge members of the Magistrate Courts Training Council.
Allows employees of any corporation or other legal entity to represent the corporation or legal entity before the magistrate court. (Signed 4/21/97; Act #329; Effective 4/21/97.)

Local Measures

Local bills passed during the 1997 session are arranged alphabetically by county or municipality.

HB 746

Bibb County-Civil Court judge; change retirement benefits. (Signed 4/4/97. Act #115. Effective 1/1 /98.)

HB 641

Bulloch County- Probate Court judge; nonpartisan election. (Signed 4/4/97. Act #80. Effective 1/1 /98.)

HB 711

Carroll County - State Court solicitor; change compensation. (Signed 4/4/97. Act #90. Effective 1/1/98.)

HB 795

Catoosa County- Probate Court judge, Superior Court clerk; increase clerical help allowance. (Signed 4/4/97. Act #130. Effective 5/1/97.)

HB 849

Chatham County- Probate Court judge; change compensation. (Signed 4/4/97. Act #138. Effective 1/1 /98.)

HB 850

Chatham County - Chief Magistrate and magistrates; change compensation. (Signed 4/4/97. Act #139. Effective 1/1 /98.)

HB 899

Chatham County- State Court; change terms of court. (Signed 4/4/97. Act #146. Effective 9/1 /97.)

HB 1005

Chatham County- Eastern Judicial Circuit chief judge and superior court judges; provide additional salary supplement. (Signed 4/14/97. Act #240. Effective 1/1 /98.)

HB 1036 Chatham County-State Court clerk; change compensation. (Signed 4/21 /97. Act #385. Effective 1/1 /98.)

HB 430

Cobb County - Probate Court judge and clerk; change compensation. (Signed 4/4/97. Act #58. Effective 1/1 /98.)

HB 432

Cobb County-Superior Court judges; increase supplement, additional salary supplement for chief judge. (Signed 4/4/97. Act #59. Effective 1/1/98.)

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HB805

Putnam County - State Court judge; selection, qualifications, terms of court, selection of solicitor-general, etc. (Signed 4/4/97. Act #135. Effective 4/4/97.)

HB 1019 Richmond County- State Court; solicitorgeneral, full-time status. (Signed 4/14/97. Act #243. Effective 4/14/97.)

HB1008

Tallapoosa Judicial Circuit - Juvenile Court judge; create judgeship, provide minimum salary, prohibit practice of law by judge. (Signed 4/14/97. Act#241. Effective 1/1/98.)

HB575

Tattnall County- Chief Magistrate; nonpartisan election, ratify actions of certain judges, repeal creation of Small Claims Court. (Signed 4/21/97. Act#360. Effective 1/1/98.)

HB582

Tattnall County - Probate Court judge; nonpartisan election, term of office. (Signed 4/4/97. Act #67. Effective 4/4/97.)

HB323

Union County - Probate Court judge; serve as chief magistrate, repeal act on appointment of chief magistrate. (Signed 2/25/97. Act #8. Effective 2/25 /97.)

HB 1021 Walker County- State Court judge's secretary; change compensation. (Signed 4/4/97. Act#170. Effective 1/1/98.)

HB797

Ware County - State Court judge and solidtor-general; increase compensation. (Signed 4/4/97. Act#132. Effective 1/1/98.)

HB787

City of Waycross - Police Court; restyle as municipal court, selection of judge and judge pro tempore. (Signed 4/4/97. Act #127. Effective 7/1/97.)

58232 58352 58353 58359 58342 SB 189 58234
58235 58233

Baldwin County - State Court solicitorgeneral; increase compensation. (Signed 4/21/97. Act#325. Effective 1/1/98.)
Clayton County - State Court solicitorgeneral; increase compensation. (Signed 4/4/97. Act #108. Effective 1/1/98.)
Clayton Judicial Circuit - Official court reporters; increase compensation. (Signed 4/21/97. Act#334. Effective 1/1/98.)
Clayton County - Probate Court judge; increase compensation. (Signed 4/4/97. Act #110. Effective 4/4/97.)
Cobb County - State Court solicitor-general; increase compensation. (Signed 4/4/97. Act #106. Effective 1/1 /98.)
Gwinnett County - Chief Magistrate and magistrates; qualifications. (Signed 4/4/97. Act #97. Effective 4/4/97.)
Hancock County - Chief Magistrate; nonpartisan nomination and election, expiration of current term 12/31/98. (Signed 4/4/97. Act #100. Effective 4/4/97.)
Jasper County - Chief Magistrate; nonpartisan nomination and election. (Signed 4/14/97. Act #285. Effective 4/4/97.)
Putnam County - Chief Magistrate; nonpartisan nomination and election, expiration of current term 12/31/98. (Signed 4/4/97. Act #99. Effective 4/4/97.)

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Governor vetoes HB 1013: Death penalty

proceedings bill

/-

One court-related bill was vetoed by Gov.tiller, who released the following statement:
"House Bill 1013 changes procedures co ceming the appellate review of pretrial proceedings in death penalty cases and, in so doing, may operate to increase the number of death penalty appeals and create further delays in this appellate process than already exist.
"Current law provides for the trial judge to conduct a hearing to determine whether an interim review by the Georgia Supreme Court of pretrial rulings in a death penalty case is appropriate to serve the ends of justice, and in doing so the judge must balance whether the delay caused by any such review outweighs the need for the review. Once the trial judge files a report certifying that all pretrial proceeding$ have been concluded and the case is ready for
trial, the prosecutor and the defendant may each file a
report identifying areas where reversible error may have occurred with the clerk of the superior court, including an

application for appeal with respect to any order entered in

the case.

J

"House Bill 1013 creates two potential problems. First,

the bill adds language to current law to expand the issues

that could be raised in the intermediate appellate review

of a death penalty case. Second, the amendatory language

in the bill arguably may create a right for prosecutors or

defendants to appeal any and all pretrial decisions directly

to the Georgia Supreme Court without any determination

by the trial court that such an appeal would be appropriate

to serve the ends of justice.

"Because of the uncertainty in the language contained

in the bill, which could create additional appeals in death

penalty cases in spite of a determination by the trial court

that an interim appeal is not appropriate, the Attorney

General has recommended that House Bill 1013 be

vetoed.

"For the above reasons, I hereby veto House Bill 1013." ~

A closer look:
HB 681 requires evaluation and treatment for DUI repeat offenders

The Teenage and Adult Driver Responsibility Act, HB 681, includes a requirement that second-time DUI offenders undergo a clinical evaluation to diagnose possible substance abuse or dependence (OCGA 40-5-63.1). Based on results of this evaluation, the offender may be.required to complete a substance abuse treatment program. Prior to, license reinstatement, acceptable proof of completion of the required treatment program must be submitted to the Department of Public Safety. The new law becomes effective July 1, 1997, and applies to drivers who receive a second or subsequent DUI on or after that date. New provisions are in addition to other sanctions, including completion of the DUI, Alcohol or Drug Risk-Reduction Program.
An Emory University School of Medicine study of

Georgia's DUI offenders found that 84% of repeat offenders will have a diagnosis of a substance-abuse related disorder. According to Jane Martin of the Georgia Department of Human Resources, the department is developing rules to establish a registry of approved clinical evaluators and a second registry of approved treatment providers. An offender cannot be evaluated by and receive treatment at the same facility. Registries of approved providers will be made available to the courts. For questions about implementation of the evaluation and treatment provisions of HB 681, contact Jane Martin or Roberta Schulte at the Department of Human Resources (404-657-6433). ~
Editor's note: Material for this article was provided by the Department of Human Resources.

June 1997

19

Georgia Courts Journal

Georgia Courts Automation Commission continued from page 3

configured with an electronic docket. Functions include case management, juvenile case processing, fee and fine accounting, disposition reporting and case counting.
The pilot project will be completed and ready for demonstration in June.

Baldwin County staff will begin training on use of the new system in July and full implementation is anticipated by early fall 1997. Please contact Don Forbes, GCAC project manager, at 404-656-5171 for more
information. tt.

Committee on Substance Abuse continued from page 1

Group discussions followed, leading to the adoption of several recommendations. They included:
1. To undertake a substance abuse education initiative for attorneys to better prepare them to counsel their clients with respect to substance abuse, treatment programs and alternative sentencing options.
2. To provide local courts with a greater access to treatment resources in the community.
3. To establish a strong working relationship between the courts and the Department of Human Resources, the Department of Family and Children Services, the Division of Mental Health, the Department of Juvenile Justice and the Department of Education.
4. To establish coordination among the offices of the Probation Division, the Department of Corrections and the Board of Pardons and Paroles to ensure the availability of

an efficient and effective continuum of substance abuse assessment and treatment throughout the criminal justice process.
5. To provide prosecutors with tools for moving cases efficiently, effectively and economically through the courts.
The Supreme Court Committee on Substance Abuse and the Courts was established in 1994 to follow up on the recommendations made at the Georgia Conference on Substance Abuse and the Courts. Its membership is comprised of representatives from the executive, judicial and legislative branches; the legal profession; court administrators; treatment providers; and civic leaders.
For more information on the conference or the Supreme Court Committee on Substance Abuse and the Courts, contact Sandy L. Ward,
project manager (404-656-4219). tt.

Georgia Courts JOURNAL
Vol. 24 No. 5
Georgia Judicial Council
Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher,
Vice Chair Chief Judge Gary B. Andrews Chief Judge A. Wallace Cato
Judge Rita L. Cavanaugh Chief Judge Howard Cook Chief Judge Daniel M. Coursey Jr. Chief Judge E. Purnell Davis II ChiefJudge Philip F. Etheridge Chief Judge Stephen E. Franzen Judge John E. Girardeau Judge Edward H. Johnson
Judge ?anford J. Jones Chief Judge WilliamF. Lee Jr.
Judge Jeannette L. Little ChiefJudge George F. Nunn Jr.
Judge Johnny R. Parker Judge Floyd E. Propst Judge Dorothy A. Robinson Chief Judge Richard W. Story Judge T.O. Sturdivant ill Chief Judge William M. Towson Sr. Senior Judge E. Mullins Whisnant Judge Amanda F. Williams
Administrative Office of the Courts
Director Robert L. Doss Jr.
Senior Communicatians Officer Billie Bolton
Editor Nancy K. Pevey
The Georgia Courts Journal is a publication of the Judicial Council and the Administrative Office of the Courts. It welcomes news about Georgia's courts, their programs and personnel. Editorial and circulation offices: AOC, Suite 550, 244 Washington St., SW, Atlanta, GA 30334-5900, (404) 656-5171.

Georgia Courts JOURNAL
Administrative Office of the Courts 244 Washington Street, S.W., Suite 550 Atlanta, GA 30334-5900

BULK RATE U.S. POSTAGE
PAID ATLANTA, GA PERMIT #1880

Address Correction Requested
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G4
G ;J.4/5

iaCourts

General Assembly 1997: New circuits, judgeships must wait

The 1997 Session of the Georgia General Assembly ended without passage of bills to create additional superior court judgeships, to increase pay for senior superior and appellate judges, or add a panel to the Court ofAppeals. Out of the 386 bills tracked by the Judicial Legislative Log, lawmakers passed 44 House Bills, 28 Senate Bills, 1 House Resolution and 3 Senate Resolutions. Superior court judgeship bills for the following circuits remain in committee: Stone Mountain, Douglas, Atlanta, Ocmulgee, and Gwinnett. Bills to create the Bell-Forsyth Judicial Circuit and the Henry Judicial Circuit also remain in committee, for possible action next year.
Local measures were successful in adding judicial personnel for the State Courts of DeKalb and Richmond Counties. In the State Court of Richmond County two judges will be
added; 011e in a newly <Teated seeoftd division with more
limited jurisdictibn. 1hese judges will be appointed by the governor for terms beginning July 1, i997. In addition, a local bill to create a juvenile court judgeship in the Tallapoosa Judicial Circuit will become effective January 1, 199?.
The issue of compensation for judges and other state officers would be handled bythe Georgia Citizens Comill.ission on Compensation of Public Officials, if voters approve a constitutional amendment proposed by HR 296. The proposed 18-member commission would set the state salaries of Supreme Court justices, Court of Appeals judges, superior court judges, district attorneys; governor; It. governor; speaker of the House; and members of the General Assembly, Public Service Commission and Board of Pardons and Paroles. Members of the commission would be appointed by the Governor (6), the Speaker (3), President of the Senate (3), the Supreme Court (3) and the Court of Appeals (3) for terms beginning December 1, 1998. Salaries set by the commission could be rejected by an act of the General Assembly adopted by both houses.
Tougher laws
HB 681, the Teenage and Adult Driver Responsibility Act, establishes a three-stage licensing system for teenage drivers and includes new provisions covering DUI to eliminate the nolo contendere plea and add mandatory jail time for certain DUI offenses (see related article, page 19). HB 324 extends to

all courts the provision for an additional 5% fine in all criminal cases to fund local victim-assistance programs. Previously not all courts were authorized to levy this fine. Finally HB 284, the Family Support Act, provides for implementation of the federal "Uniform Interstate Family Support Act" to increase and strengthen child support collection efforts.
Bill summaries Inside (pages 8-19) the Judicial Legislative Log section pro-
vides summaries of court-related measures that were adopted by the General Assembly. Entries are grouped by subject area (see box below). The entries also give the date the measure was signed by the governor, the act number and the effective date if different from July 1, 1997. Local measures begin on page 16. For the GoVemor's Veto Message see page 19. tr;
Legislative material was pn,1Jared by Billie Bolton, senior communications officer, with assistance from legislative interns, Jeff Glaser and Melissa Parker.
* * Special Legislative Edition
Inside: Council of Court Administrators created .................. 2
Sexual assault protocol released ................................................. 3 Georgia Courts Automation Commission update ................... 3 New Atlanta court administrator named .................................... 4 Conference works to improve court access for the deaf ..... 4 Technology Talk .................................................................................5 Walton County Courthouse restored .......................................... 6 Committee on Substance Abuse holds retreat ....................... 7
Bill Summaries: General Bills ................................................. 8
Criminal Law and Procedure ...................................................... 11 Traffic Law ......................................................................................... 13 Superior Courts ................................................................................ 13 Superior Court Clerks ..................................................................... 13 State Courts ....................................................................................... 14 Juvenile Courts ................................................................................. 14 Probate Courts ................................................................................. 15 Magistrate Courts ............................................................................ 16 Local Measures ............................................................................... 16 Veto Message .................................................................................. 19

In Brief ...
Glynn county receives drug court grant
The Office of Justice Programs of the U.S. Department of Justice recently awarded a $19,732 grant to Glynn County. The grant will fund travel by the county's drug court planning team to technical assistance and training workshops sponsored by the Office of Justice Programs. As part of the training, the planning team will learn from the experience of other drug courts by visiting and observing drug courts in session and discussing the process with drug court practitioners. First District Court Administrator Daniel E. DeLoach Jr. is the project director.
Fees Increase for court reporters
A 4% rate increase for official court reporters took effect on April 1, 1997. The new fees are as follows: per diem rate, $141.96 per day ($17.04 per hour after the initial eight-hour day); page rate, $2.84 per page; copy rate, $1.13 per page; daily copy rate, $5.68 per page; and expedited copy rate $4.25 per page. For more information, . please contact the Board of Court Reporting (404-656-6422).
Court Technology Conference scheduled for September 9-12
The National Center for State Courts will present its Fifth National Court Technology Conference (CTCS) on September 9-12 at the Cobo Center in Detroit, ML More than 2,500 participants are expected, including judges, court administrators and technology specialists. Educational sessions will cover imaging and electronic document management, the Internet and public access, videoconferencing, voice technologies, courthouse security, client/server technology and other topics. To receive conference materials, call the toll-free CTC5 information line (888-890-CTCS) or visit the CTC5 web site at http://www.ncsc.dni.us/.
Department of Archives offers preservation information
The Georgia Department of Archives and History recently produced six new leaflets on records-retention concerns. Material is available free of charge on the following subjects: Preservation Basics for Paper-Based Records; The Environment; Disaster Preparedness; Reformatting Records; Machine-Readable Records; and Selecting an Off-Site Storage Facility. For copies, write the Preservation Program, Georgia Department of Archives and History, 330 Capitol Avenue, Atlanta, GA 30334; telephone 404-656-2374; send e-mail to preserve@archives.sos.state.ga.us; or visit http://www.sos.state.ga.us/archives/ on the World Wide Web.
Galileo database puts government publications on-line
Scanned images of audit reports, budget documents, monographs, newsletters, periodicals and serials froin many state agencies are now available on the Internet from Galileo, the University System of Georgia's statewide on-line library initiative. The database includes over 3,000 documents published from 1994 to the present. Court-related documents include the Georgia Courts Journal, the Annual Report on the Work ofthe Georgia Courts and the Georgia Courts Directory. Galileo is located at http://www.galileo.peachnet.edu on the World Wide Web.
Siient Justice video shows experiences of the hearing-Impaired Silent Justice, a 22-minute video, contains the real-life stories of people with hearing
impairments who have had difficulty attaining full access to the courts. The video depicts what courts can do to ensure that people who are deaf or hard of hearing can participate fully in the court process. Copies of the video and discussion guide are available from the AJS for $25. To order, send a check payable to the American Judicature Society to AJS Publication Orders, 180 N. Michigan Ave., Suite 600, Chicago, IL 60601 (312-558-6900, ex. 147). The video can also be borrowed from the AOC library (404-656-5171).

Council of court
administrators
created
The Georgia Council of Court Administrators was formed to further the improvement of the courts and the administration of justice, to assist court administrators and managers in the execution of their duties, and to promote and assist in the training of court administrators, managers and support personnel. The new statewide court administrators group is the first in the nation to be statutorily created (SB 306), according to its president, Cobb County Court Administrator Skip Chesshire.
Council membership is open to the full-time court administrators and managers of all the state's courts. Currently the council has 50 members. The council plans to hold two seminars yearly-one in conjunction with the winter meeting of the Council of Superior Court Judges and one rotating among the meetings of the other judges' councils.
Council officers will serve one-year terms. In addition to Mr. Chesshire, they are: president-elect: John Zoller, DeKalb County Juvenile Court Administrator; first vice president: David L. Ratley, Third District Court Administrator; treasurer: Bob Bray, City Court of Atlanta Administrator; secretary: Kay Faircloth, Cordele Judicial Circuit Superior Court Administrator.
The council's next meeting will be held on November 9-12, in conjunction with the Council of Juvenile Court Judges meeting in Athens.
"We're excited," Mr. Chesshire said. "We look forward to working hard to make the courts the best they can be in the state of Georgia, to make the job easier for the judges, and to help the citizens."
For further information, contact Mr. Chesshire (770-528-1803) or Mr. Bray (404-658-6959). t?;;

Georgia. Courts Journal

2

June 1997

Task force releases "Protocol for Responding to Victims of Sexual Assault"

The newly developed Georgia Protocol for Responding to Victims of Sexual Assault was introduced on May 7 at the Criminal Justice Coordinating Council's Fourth Annual Georgia Crime Victims Conference.
The 115-page protocol was created by the Georgia Sexual Assault Task Force of the Women's Health Section of the Department of Human Resources. Developing such a protocol was one recommendation of the Georgia Commission on Gender Bias in the Judicial System. The protocol is designed for use by healthcare providers, including hospitals; all branches of law enforcement; prosecutors; and victim-assistance programs. Its purpose is to:
facilitate the provision of consistent, comprehensive, sensitive and nonjudgmental treatment of victims of sexual assault as they

progress through victim-support services, and the health and criminal justice systems; standardize the collection of evidence in order to aid in the prosecution of cases; and develop a coordinated effort among healthcare providers, law-enforcement personnel, prosecutors and victim advocates to ensure that victims receive efficient and comprehensive medical care, evidentiary examination, emotional support and referral information. The protocol is organized into six sections: 1) introduction; 2) victim support services; 3) law-enforcement response; 4) sexual assault examination and evidence collection; 5) prosecution; and 6) appendices. While the protocol generally focuses on the needs of adult victims, the medical

section also addresses responses to adolescent and child victims of sexual assault. A checklist of necessary procedures follows the victim support services, law-enforcement response, and prosecution sections. Forms for use by medical personnel are included in the medical examination section.
In introducing the protocol, Marla Moore, chair of the protocol committee of the Georgia Sexual Assault Task Force, said that in addition to ensuring better care for victims, the protocol strongly emphasizes the chain of evidence for both law enforcement and medical personnel in a way that has not been done before. Standardizing the collection of evidence will assist the prosecution when a case comes to trial.
Ms. Moore urged those attending the conference to take the protocol back to their communities and implement it. A multidisciplinary approach is suggested in the protocol. For implementation at a community level, communities can form sexual assault task forces or utilize existing family violence or child abuse task forces to study and adapt the protocol. Local task forces should include representatives from the fields of health care, mental health, education, law enforcement and prosecution; Division of Family and Children Services personnel; Department of Corrections personnel; probation and parole officers; religious organizations; the media; and providers of victim support services.
The protocol committee has 31 members representing all of the disciplines related to this issue-rape crisis, victim services, medical, law enforcement, prosecution and others.
For copies of the protocol, contact Ms. Brooke Dixon, chairperson, Sexual Assault Task Force (404-657-
3147). to

June1997

3

Georgia Courts Journal

In the spotlight:
Atlanta Judicial Circuit names Judy Cramer as court administrator

Judy A Cramer has been named court administrator of the Atlanta Judicial Circuit Superior Court, effective June 2. Her responsibilities include oversight of court personnel and budget matters, court reporters, the child support receiver's office, the law library, the arbitration program and other functions. She succeeds Mercer Lewis Jr. who resigned last year. William E. Smalley, deputy court administrator, served as acting court administrator in the interim.
"I'm very impressed with the staff here so far," Ms. Cramer said. "They've been very genuine and gracious. Right now, I'm just trying to get a sense of where the buildings are and how everything fits together before I can jump in. What I'll probably do is go to each division or department and 'walk the track' to see how the process works."
Plans for the future include community relations and customer service. "I'm very interested in anything to do with the drug court or programs that will help reduce crime," she said. "If there are ways that the court can interact with the community, I am very much interested in

that. Also, customer service is probably one of my most valued beliefs. I would consider the customers to be
Judy A. Cramer, court administrator ofthe Atlanta Judicial Circuit
both the staff and judges, and also any of the people we service."
From 1982to1993, Ms. Cramer was administrator of the 12-judge Montgomery County Court of Common Pleas in Dayton, Ohio. The court was later honored by the National Center for State Courts as one of the first National Demonstration Courts for its caseflow manage-

Georgians attend AJS workshop

The American Judicature Society (AJS) recently sponsored a "Workshop on Improving Access to the Courts for People Who Are Deaf or Hard of Hearing." The conference, held on May 3-4 in Miami, FL, was part of an AJS project to assist courts nationwide in making their facilities and proceedings more accessible to the

approximately 24 million Americans who are deaf or hard of hearing.
Marsha Gitter, executive director, Georgia Council for the Hearing Impaired; Marla Moore, assistant director for judicial liaison, AOC; and Arthur V. O'Neill, court administrator, Gwinnett Judicial Circuit, comprised the Georgia delegation to the conference. t?;;

ment plan and innovative programs. Ms. Cramer received the National
Center for State Courts' Distinguished Service Award and was one of two trial court administrators to serve on the Center's board. She also served on the Center's Trial Courts Standards Commission.
She is a founder and past president of the Ohio Association for Court Administration and past president of the National Association for Court Management. Ms. Cramer served on the graduate faculty at the University of Dayton and on the faculty of the National Judicial College. She also assisted the Pasqua Yaqui Indians with court management issues and later served as the interim trial court administrator for the Seventh Judicial District in South Dakota.
Since 1994, Ms. Cramer has served as the manager of neighborhood services and Weed and Seed (a crimeprevention/revitalization program) for Hillsborough County, Florida. She authored and helped manage Hillsborough County's Neighborhood Plan, a $2 million community crime-prevention program, a community-development block grant for a neighborhood social services center, a one-stop job center and other grants and programs.
Ms. Cramer graduated with honors from Bowling Green State University with a B.S. degree in secondary education. She holds a Master's degree in public administration from the University of Dayton.
Ms. Cramer was chosen as court administrator for the Atlanta Judicial Circuit on the recommendation of an outside search committee and a judges' subcommittee headed by Chief Judge Philip F. Etheridge. t?;;

Georgia Courts Journal

4

June 1997

Talk ... Technology Talk ... Technology Talk . .. Technology Talk . .. Technology Talk . ..

Cobb Magistrate Court provides on-line access via WWW

Since the Cobb County Magistrate Court launched its web site on March 22, 1996, "It's been a great success for us. We've had a terrific response," reported Angie Davis, court administrator.
The site was created to give the public a new and perhaps easier way to access the court system, according to Ms. Davis. "I think that people are very intimidated by the judicial system. It's so confusing," she said. "I think that people are a lot more comfortable sitting at their home or their office and reading about it. They can educate themselves about our processes and procedures and then come and file or mail in the forms."
Using a web site to get information and download forms can save time
and effort-for the public and for
court employees. "If people can get the information on-line, they're not going to be driving to the courthouse or calling our clerks and asking questions about how to file a claim or how much it costs." Ms. Davis explained. "We've seen some effect already. Over time, as more people visit the site, we'll receive fewer and fewer of those calls."
Ms. Davis, a self-taught web designer, built and maintains the site herself. She recently spoke before the 1997 State Records Management Conference, presenting a case study of how she set up the site. She recommends takingthe "do-it-yourself" route to save the cost of contracting
with an outside designer and says "If
I did it, anyone can." Costs for maintaining the site have
been low, Ms. Davis said. The court pays about $15 monthly for their web account. She believes they save that much in postage because now some forms are downloaded rather than

mailed by the court. "Really, you can't lose with this," she said.
An important consideration in setting up a web site is publicizing its existence. Ms. Davis issued a press release when the site was launched and received extensive media coverage in the county. The web site address appears on the court's stationery and all claim forms. "It's a great tool, but people have to know about it," she said.
The site includes a welcome from Judge Vic Reynolds, chief magistrate; an overview of the responsibilities and functions of the magistrate court; and statistics on the work of the court. General information includes the court's hours of operation and location.
Overviews of the drug court, environmental court, domestic violence program and mediation program are provided. Sections on small claims, bad checks and abandoned motor vehicles include a summary of procedures and forms involved. These downloadable forms are a popular, time-saving feature, Ms. Davis said. Members of the public "can download a form, fill it out at their leisure, have it notarized, and mail it to us in most circumstances."
Criminal calendars were added to the site in late June 1996 and are updated weekly. Plans are underway to add civil calendars. Another dream for the future includes electronic filing, Ms. Davis said. "Probably not in the near future-but one day."
Ms. Davis is happy to discuss the site and its construction with prospective web.designers. She can be reached at 770-528-8938 or via the web site. tl.
www .mindspring.com/-magcourt/

Whitfield launches electronic library for lawyers
WhJtfield County has developed an on-line system for attorneys to access the courthouse law library. At this report, three test sites have been established in local law firms. Barry Champion, court administrator, reported that they're "still working out a few bugs," but response has been very positive. "It's not widely
The system allows attorneys to perform research without
leaving their offices.
used yet," he said, "but everyone who's tried it seems to like it."
The system allows attorneys to perform research using the library's numerous compact disks without leaving their offices. Available refer-
ence materials include the Official Code ofGeorgi.a, Shepards and Michie
products, and others. Citizens can use these materials via two workstations in the library. Judges and clerks have access by an in-house network.
After the court adds more phone lines and works out the remaining glitches, the service will be available to any law firm in the county. Currently, there is no charge for the service, and Mr. Champion hopes to keep it that way. Future plans include adding a workstation at the Murray County Courthouse. tl.
Editor's note: Modern technology is improving access to the courts in many ways'. In this series, the Courts Journal profiles court technology programs around the state. Contributions are welcomed.

June 1997

5

Georgia Courts Journal

History renewed in award-winning Walton County Courthouse

At its annual meeting on April 26,

complete, including planning, re-

two courthouses were "almost iden-

the Georgia Trust for Historic Pres-

search and the actual construction.

tical" at one time, according to Mr.

ervation presented the Walton

Chief Judge Marvin W. Sorrells of

Carter. Because the Hancock County

County Board of Commissioners

the Alcovy Judicial Circuit is well-

courthouse is essentially in its origi-

acquainted with the

nal condition, Carter Watkins Asso-

courthouse. His

ciates was able to base the restora-

father (who later

tion largely on research conducted

became sheriff) be-

there. However, Bruce and Morgan's

gan working there

architectural design had evolved

when Judge Sorrells

somewhat between 1881 and 1883,

was three years

and some questions remained.

old, and as a child

"There were significant differences

Judge Sorrells often

each time, so that was where we had

played in the court-

to walk cautiously," Mr. Carter said.

house where his of-

A fortunate discovery just after the

fice is now located.

project began allowed the firm to fill

He complimented

in some of the missing pieces. "I be-

the restoration ef-

came the president of the historical

forts and said of the

society here in Walton County," Mr.

newly refurbished

Carter said, "and we were rummag-

courtroom, "If you

ing, my partner and I, through some

The restored Walton County Courthouse.

just imagine the electric lights being

old documents the historical society had just packed away in the back of

with an Outstanding Restoration

gas lights, you'd be back in 1883."

an old building and found the origi-

Award for their complete restoration

The architectural firm of Carter

nal specifications for the courthouse."

of the Walton County Courthouse.

Watkins Associates in Monroe

The plans provided precise, detailed

Built in 1883 on the town square in

handled the restoration. Ben Carter,

information. For example, they indi-

Monroe, the courthouse has been

a partner in the firm, explained how

cated that the paint on the outside

described as one of the finest ex-

they were able to renovate the court- window frames was called "orange-

amples of Victorian architecture in

house with such accuracy. The

noire," a black orange, and the re-

the South.

Walton County courthouse was de-

storers were able to replicate that

The historic restoration included

signed by the architectural firm of

color exactly.

detailed research on missing and

Bruce and Morgan, which also built

Continued next page

incomplete ornamentation. IntE;rior

several other

work included the replacement of all

southem

mechanical, electrical and plumbing

courthouses.

systems; removal of all lowered ceil-

The original

ings and restoration of wood ceil-

plan for the

ings; removal of a two-story office

Walton

space built into half of the original

County

courtroom; and replication of the

courthouse is

missing balcony. Exterior work in-

similar to

cluded replacing inappropriate paint

that used to

accents with the original paint colors

build the

and replacing the ten massive court-

Hancock

room windows. The restoration, fi-

County

nanced by a sales tax passed in 1988,

courthouse The view from the bench during the courthouse's rededication ceremony on

took about three and a half years to

in 1881. The June 23, 1996, shcrws the renovated public seating area and balcony.

Georgin Courts Journal

6

June 1997

Courthouse receives award for outstanding restoration continued

Among these old documents, the architects also found letters from the courthouse committee to the governor, the chancellor of the University of Georgia, the owners of the railroads and other dignitaries, inviting them to the opening of the courthouse and laying of the cornerstone. These letters, along with the replies, were restored and framed and are hanging in the courthouse.
During the construction work in the courthouse, numerous artifacts were uncovered. "We found a tremendous amount of antique liquor bottles," Mr. Carter said. "Some of them are quite beautiful cut glass. They were stuffed under floor boards and in the attic." They also found many documents from the 1800s that had literally "fallen through the cracks" in the floor.
The project included restoration of the courthouse grounds. A series of photographs taken from the bell tower in 1897 show the original dirt paths around the courthouse, and these were duplicated in concrete walkways. "There's a little winding path that goes from the front of the courthouse to the old Walton Hotel which was built in 1886," Mr. Carter said, giving one example. "That's where all the cotton merchants and

lawyers would spend the night when they came to Monroe. Then they'd come across to the courthouse in the morning." In the process of restoring the grounds, workers also found what appears to be the original well for the courthouse.

Shots ofthe courtroom before the restoration (left) and after (above) show dramatic results, including removal oflowered ceilings and replacement ofthe courtroom windows.
The restored courthouse is used for superior court civil trials. Other trials are held in an annex across the street. In April, a firebomb damaged a courtroom in the annex. No one was injured, and the renovated courthouse was unharmed. rte.

Committee on Substance Abuse holds spring retreat

The Supreme Court Committee on Substance Abuse and the Courts held its spring retreat on May 9. The goal was to foster communication and develop working relationships among the courts and the many agencies striving to cope with the impact of substance abuse. Chief Justice Robert Benham, committee chairperson, presided.
"The retreat created an increased energy level and understanding of the nature and problems of substance

abuse in the courts. It provided an excellent framework for continued dialogues among the courts, the legislature and the treatment community," Chief Justice Benham said. "Enhancing the close working relationships between local and statewide agencies that deal with substance abuse issues will heighten the development of successful collaborative networks and alternative programming."
Court personnel and representatives of criminal justice, education,

health, and social services agencies worked to develop specific plans and long-term strategies to help address the impact of substance abuse on the courts. Guest speakers, Mr. Dave Cole of the Council of State Governments and Judge John T. Parnham of the First Judicial Circuit of Florida, provided resources, technical assistance and an overview of nationally recognized court-related programs in Ohio, Massachusetts and Florida.
See Substance abuse, page 20

June1997

7

Georgia Courts Journal

1997 Final Edition
Judicial Legislative Log

General Bills Criminal Law and Procedure Traffic Law Superior Courts Superior Court Clerks State Courts Juvenile Courts Probate Courts Magistrate Courts Local Measures

General Bills
HB 34 FY 97 Supplemental Appropriations Authorizes appropriations to judicial branch agencies in the following amounts: Supreme Court, $5,965,631; Court of Appeals, $7,834,049; Superior Courts, $60,725,063; Juvenile Courts, $1,093,172; Institute of Continuing Judicial Education, $758,378; Judicial Council, $2,026,094; Judicial Qualifications Commission, $168,197; IndigentDefense Council, $3,000,000; Courts Automation Commission, $1,998,906; Office of Dispute Resolution, $249,068. (Signed 3/11/97; Act#ll.)
HB 54 County Law Library Funds; Municipal Courts: Jurisdiction
OCGA 36-15-1, 36-15-7, 36-15-9, 36-32-10.2
Allows excess county law library funds to be granted to charitable tax exempt organizations that provide civil legal representation for low-income people; includes the clerk of superior court and solicitor-general on the board of trustees of the county law library; provides for use of library funds for establishment and maintenance of the codification of county ordinances.
Authorizes jurisdiction in municipal courts of unified or consolidated governments over misdemeanors under certain specified conditions. (Signed 4/4/97; Act #27.)
HB 204 FY 98 General Appropriations Authorizes appropriations to judicial branch agencies in the following amounts: Supreme Court, $6,229,503; Court of Appeals, $7,995,875; Superior Courts, $65;432,314; Juvenile Courts, $1,209,812; Institute of Continuing Judicial Education, $783,635; Judicial Council, $2,621,870; Judicial Qualifications Commission, $166,364; Indigent Defense Council, $4,284,487; Courts Automation Commission, $2,294,186; Office of Dispute Resolution, $258,864. (Signed 4/24/97; Act #405.)

HB 291 Timely Notice of Appeal
OCGA 5-6-35
Specifies that certain appeals initiated by filing an otherwise timely application for permission to appeal, without also filing a timely notice of appeal, may be granted. (Signed 4/14/97; Act #195; Effective 4/14/97.)
HB 295 Contempt Cases: Appeals
OCGA 31-5-9
Exempts certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions in cases of contempt. (Signed 4/14/97; Act#196; Effective 1/1/98.)
HB 321 Subpoenas for Depositions
OCGA 9-11-45
Provides that upon agreement of the parties, attorneys may issue subpoenas for taking depositions if the deposition pertains to an action pending in a court in which the attorney is authorized to practice. (Signed 4/4/97; Act#54.)
HB 325 Medical Reports: Admissibility
OCGA 24-3-18
Specifies that any medical report in narrative form provided to the adverse party 60 days prior to trial of civil cases involving injury or disease that is signed and dated by a treating licensed medical doctor or other specified professional is admissible as evidence. (Signed 4/21 /97; Act #348.)
HB 349 Limited Liability Partnerships
OCGA 14-8-62, 14-9-206.2, 1411~101, 14-11-212, 14-11-303
Provides procedures and requirements for a new or existing limited partnership tobecome or cominue as a
.lihlited liability partnership; aitthorizes the secretary Of State to promulgate rules ahd change filifrg fe~s as
necessary. (Signed 4/29 /97; Act #424.)

Georgia Courts Journal

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June 1997

I IJudicial Legislative Log

HB 369 Civil Actions: Argument
OCGA 9-10-186
Provides that in civil actions where the burden of proof rests on the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that, if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude the argument; in civil actions for personal injuries the defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of the damages. (Signed 4/21 /97; Act #351.)
HB 567 School Safety Act
OCGA 15-6-36, 15-11-5, 20-2-751.2, 20-2-754 and others
Requires the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system within 30 days of a proceeding that ends in conviction of a student; requires the superior court to provide notice to the local school board when a student 17 or older is convicted of a felony; provides for notice to teachers regarding student convictions; provides immunity from any civil or criminal liability to teachers or other school employees who report a student for misconduct or participate in a disciplinary hearing; provides for a student code of conduct to be adopted by local school systems. (Signed 4/29 /97; Act #440.)
HB 572 Product Liability: Punitive Damages
OCGA 5H2-5.1
Removes the limitation on punitive damages for tort cases involving the influence of intoxicating or toxic agents on the defendant; repeals provision relating to liability of third parties as joint tortfeasors. (Signed 4/14/97; Act #299; Effective 4/14/97.)
HB 592 Nonresident: Venue
OCGA 9-10-93
Provides that venue in cases involving certain business transactions, tortious acts or injuries shall lie in any county wherein these acts occurred; any nonresident who is involved in the same transaction or occurrence and who is suable under the provisions of this article may be joined as a defendant in the county where a resident defendant is suable; provides for transfer of the action against a nonresident defendant under certain circumstances. (Signed 4/4/97; Act #69.)

HR 296 Commission on Compensation of Public Officials
Constitutional Amendment
Proposes an amendment to the constitution to provide for a Georgia Citizens Commission on Compensation of Public Officials with the authority to fix the compensation of certain public officers, including justices of the Supreme Court, judges of the Court of Appeals, superior court judges and district attorneys; the governor and It. governor; members of the General Assembly, Public Service Commission and Board of Pardons and Paroles; authorizes 18 members who shall serve 4-year terms starting 12/1/98; three members are to be appointed by the Supreme Court and three members by the Court of Appeals; salaries set by the Commission can be rejected by an act of the General Assembly adopted by both houses. (Signed 4/29 /97; Act #61.)

SB 1

Attorney's Fees: Court Order

OCGA 9-15-14

Provides that attorney's fees and expenses of litigation

incurred in obtaining a court order for attorney's fees

and other expenses may be assessed and awarded by

the court.

(Signed 4/14/97; Act#269.)

SB 28 Adoption: Putative Father Registry
OCGA 15-11-2, 15-11-82, 15-11-83, 19-8-10, 19-8-12, 19-8-13
Substantially revises provisions on adoptions involving termination of parental rights of a biological father who is not the legal father; provides that petitioners seeking termination of parental rights and petitions for adoption shall be amended to include a certificate from the putative father registry; allows for the release of the identity of a biological father to an adopted child if that parent is deceased; stipulates that placement on the putative father registry will not be used for the admission of guilt to any crime, or used as evidence in any criminal prosecution under Georgia law. (Signed 5/5 /97; Act #494. Section 8 effective 1/1 /97, remainder effective 1/1/98.)

SB 69 Probation Advisory Council: Members
OCGA 42-8-101, 42-8-103, 42-8-106, 42-8-107
Provides that the municipal court judge member of the County and Municipal Probation Advisory Council will be designated by the Council of Municipal Court Judges; allows the Probation Advi~ry Council to inspect all records of private corporations contracting to provide probation services. (Signed 4/14/97; Act #273.)

June 1997

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Georgia Courts Journal