Georgia courts journal, Vol. 25, no. 4 (June 1998)

I I Judicial Legislative Log

probable cause exists to believe that such alleged fact or facts are true; provides that the judge shall consider such review petition on an expedited basis; provides that discretionary appeals by the officer sought to be recalled may be filed in the Supreme Court of Georgia within 10 days after the date of an order finding a recall application sufficient. (Signed 4/20/98, Act #898)
HB 946 State Officers: Selective Service Registration
OCGA 45-20-19
Requires certain state officers and employees to present proof of having registered with the Selective Service System or of being exempt from such registration; applies to males between 18 and 26 years of age. (Signed 4/20/98, Act #882)
HB 978 Civil Liability: Immunity
OCGA 51-1-46
Provides immunity to manufacturers, distributors, dealers, installers of air bag tum-off switches and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy when the air bag has been disabled or disconnected. (Signed 4/20/98, Act #899)
HB 1154 Land Surveyors: Damages
OCGA 9-3-30.2
Provides a period of six years from the date of the survey or plat for limitations of actions against registered surveyors or their employees engaged in tf1e practice of land surveying. (Signed 3/27/98, Act #548)
HB 1167 FY 98 Supplemental Appropriations Authorizes appropriations to judicial branch agencies in the following amounts: Supreme Court, $6,229,503; Court of Appeals, $7,995,875; Superior Courts, $65,012,314; Juvenile Courts, $1,209,812; Institute of Continuing Judicial Education, $783,635; Judicial Council, $2,660,320; Judicial Qualifications Commission, $166,364; Indigent Defense Council, $4,284,487; Courts Automation Commission, $2,294,186; Office of Dispute Resolution, $258,864. (Signed 3/19/98, Act#518, Effective 3/19/98)
HB 1186 Magistrate Court: Appeals
OCGA 5-3-30
Provides that appeals filed from the magistrate court to superior or state court be placed on the court's next nonjury calendar for hearing; provides that such

appeals may be tried without a jury unless a timely demand for jury trial is made. (Signed 4/2/98, Act #711)
HB 1202 County Officers: Qualifying Fees
OCGA 21-2-131
Provides that for certain county officers including judge of the superior court, clerk of the superior court, judge of the probate court, sheriff, tax commissioner and magistrate the qualifying fee shall be 3% of the minimum salary provided by general law; limits the qualification f~e for a municipal office to $35. (Signed 4/20/98, Act #905, effective 4/20/98)
HB 1250 FY 99 General Appropriations Authorizes appropriations to judicial branch agencies in the following amounts: Supreme Court, $6,244,683; Court of Appeals, $8,451,549; Superior Courts, $69,786,932; Juvenile Courts, $1,279,908; Institute of Continuing Judicial Education, $832,114; Judicial Council, $5,181,499; Judicial Qualifications Commission, $166,759; Indigent Defense Council, $4,749,709; Courts Automation Commission, $2,775,106; Office of Dispute Resolution, $270,391. (Signed 4/20/98, Act #969, effective 4/20/98)
HB 1406 Judicial Sales: Advertise
OCGA 9-13-140
Changes the advertising requirement for judicial sales of real property such that the advertisement must include a legal description of the real property and may also include the street address. (Signed 3/27/98, Act #578)
HB 1413 County Officers: Minimum Salary
OCGA 15-6-88, 89, 15-9-64 and others
Revises the statutory minimum salaries for clerks of superior court, judges of the probate court, sheriffs, tax commissioners, chief magistrates and other county officers to reflect certain cost-of-living increases; allows certain offices, court records and sessions of state and superior court to be held or located at a courthouse annex; requires superior court clerks to enter their training certificates into the minutes of the court. (Signed 4/20/98, Act #916)
HB 1549 Open Meetings: Actions
OCGA 50-14-5, 50-18-73
Authorizes the Attorney General to bring enforcement actions, either civil or criminal, to insure compliance with open meetings and public records laws. (Signed 4/2/98, Act #740)

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I IJudicial Legislative Log

HB 1642 Senior Judges and Assisting Judges
OCGA 15-1-9.2
~ Provides that any justice of the Supreme Court, judge of the Court of Appeals or judge of superior court, state court, magistrate court or juvenile court who has a total of ten years of service in any combination of such offices may become a senior judge; grants authority to judges of a superior court or state court to designate assisting judges to hear cases without limitation as to time and case type. (Signed 3/27/98, Act #695, Effective 3/27/98)
HB 1674 Atlanta Circuit: Family Court Pilot Project
OCGA 15-11A-1-9
Authorizes the Family Court Division of the Superior Court of Fulton County as a pilot project of limited duration from July 1, 1998 until July 1, 2001; jurisdiction to include divorce, child support, child custody, child abuse, domestic violence, adoptions, and certain designated cases from the state court, juvenile court, probate court, and magistrate court of Fulton County; requires that the state AOC prepare an annual report of the activities of the Family Court Division. (Signed 4/14/98; Act #871)
HB 1693 Wrongful Death: Actions
OCGA 51-4-2
Provides that the share of a surviving spouse of the decedent in a wrongful death action is no less than Y:i of the amount recovered, rather than Yi. (Signed 4/2/98, Act #748)
HB 1730 Actions against Judges
OCGA 9-15-15
Provides procedures for the recovery of attorney's fees and expenses in civil actions brought against judicial officers and arising out of performance of official duties; includes justices and judges of the appellate courts of Georgia, judges of the superior, state, juvenile, probate, magistrate and municipal courts; allows certain dismissed civil cases to be recommenced in federal court. (Signed 4/10/98, Act #843, Effective 4/10/98)
SB 230 Gifts of Land: Presumption
OCGA 44-5-85
Provides that the presumption of a gift of lands belonging to a parent, but in possession of a child shall be a rebuttable presumption. (Signed 4/20/98, Act #951)

SB 249 Lien Foreclosure: Abandoned Motor Vehicles
OCGA 40-11-2, 4, 5
Provides that persons who fail to give certain notice and information on abandoned motor vehicles shall be guilty of a misdemeanor; raises from $5.00 to $10.00 the filing fee for affidavits concerning abandoned motor vehicles upon which a lien is asserted. (Signed 4/20/98, Act #952)
SB 369 Senior Judges: Per Diem
OCGA 15-1-9.2, 15-3A-4
Provides that senior judges serving in either an appellate or superior court will be paid for each day of service, the amount of the annual state salary of a judge of the applicable court divided by 235. (Signed 4/23/98, Act #1005, Effective 4/23/98)
SB 433 Electronic Records and Signatures Act
OCGA 10-12-3-5; 50-29-6, and others
Provides that any rule of law which re~uires a witness or notary shall be deemed satisfied by the electronic signature of such witness or notary; extends the life of the Electronic Commerce Study Committee until 12/15/98. (Signed 3/27/98, Act #659, Effective 3/27/98)
SB 473 Child Abuse: Open Records
OCGA 19-15-5-6, 49-5-41
Provides that information acquired by documents, records and reports of the Statewide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees concerning any child who at the time of his or her death was in the custody of a state department or agency, or foster parent shall be subject to open records laws; provides that records in the central child abuse registry regarding a child who is in the custody of the state at the time of his or her death are not confidential; requires that county coroners notify the chair of the child fatality review subcommittee in the county of the death of any child and directs the subcommittee to follow certain procedures. (Signed 4/2/98, Act #784)

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I J Judicial Legislative Log

Criminal Law

HB 908 Alcoholic Beverages: Purchase Agent
OCGA 3-3-23.1
Provides for a misdemeanor offense when a person is convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for, or on behalf of, a person under 21 years of age; increases penalties for violation including imprisonment for up to six months and suspension of driver's license. (Signed 4/20/98, Act #897)

HB 1164 First Offender Sentencing: Prohibit

OCGA 17-10-6.1, 42-8-66

Prohibits first offender treatment as to sentencing or

probation for any person convicted of, or pleading guilty

tsot~toenteheofritghhetsteovaepnpseeariloaunsyvsieonletennt cfeelownhieicsh;

grants the does not

conform to this provision.

(Signed 3/27/98, Act #550, Effective 3/27/98)

HB 1165 Adult Offenders: Restitution
OCGA 17-14-17
Requires judges to order payment of restitution to crime victims by an adult convicted of offenses involving theft and damage to property; applies to convictions entered on or after July 1, 1998. (Signed 4/2/98, Act #709)

HB 1306 Trial upon Accusation
OCGA 17-7-70.1
Provides that certain defendants charged with theft by receiving stolen property, crimes involving forgery and fraudulent practices, offenses relative to escape and confinement, or illegal possession of a firearm may be tried upon an accusation, rather than upon indictment by a grand jury. (Signed 3/27/98, Act #568, Effective 3/27/98)

HB 1327 Workers' Compensation: Penalties
OCGA 24-3-18, 34-9-21, 415 and others
Provides for punishment of any employee who with the intent to defraud knowingly and willfully receives any income benefits under a workers' compensation claim to which he or she is not entitled; provides for a fine of not less than $1000, or more than $10,000 or imprisonment for not more than one year, or both. (Signed 4/23/98, Act #972)

HB 1360 Transporting Firearms I Threats of Force
OCGA 16-11-126
Specifies that loaded firearms may be transported in a private passenger motor vehicle in the "console, or similar compartment of the vehicle" by any person who is not ineligible for a license.
Provides immunity from criminal prosecution where use of threats or force is justified. (Signed 4/20/98, Act #913)
HB 1391 Street Gangs Act
OCGA 15-11-37, 15-18-14, ,16-10-32
Comprehensively revises the Georgia Street Gang Terrorism and Prevention Act; provides penalties for offenses of intimidating witnesses, making threats in retaliation for persons having appeared as witnesses, or obstructing justice; includes violations of the laws relating to criminal street gangs as a designated felony in juvenile court; makes other provisions. (Signed 3/27/98, Act #696, Effective 4/1/98)
HB 1392 Misdemeanor Shoplifting
OCGA 16-814
Increases the threshold value of property from $100 to $300 for a misdemeanor shoplifting offense. (Signed 4/2/98, Act #726)
HB 1420 Telemarketing: Penalties
OCGA 10-1-393, 393.6, 10-58-2, 4
Prohibits unfair or deceptive acts or practices by telemarketers, includes telemarketing transactions, practices as to the sale of securities and solicitation of charitable contributions; provides civil and criminal penalties. (Signed 4/6/98, Act #800)
HB 1425 Firearms: Possession
OCGA 16-11-130, 26
Provides that peace officers certified by jurisdictions outside of the state are exempt from restrictions on possessing firearms; also exempts full-time municipal and city court judges, members, retired members and chief executives of the Georgia State Patrol or GBI and district attorneys emeritus. (Signed 4/6/98, Act #804)

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IJudicial Legislative Log f

HB 1440 Medical Assistance: Abuse
OCGA 49-4-146.1, 146.3
Specifies that in cases of medical assistance abuse, the state has the burden of proving beyond a reasonable doubt that a defendant intentionally committed the acts for which he or she is charged; sets forth procedures for securing a search warrant authorizing seizure of property subject to forfeiture. (Signed 4/6/98, Act #808)
HB 1639 Stalking: Penalties
OCGA 16-5-90, 91, 94
Provides that persons convicted for the second time of stalking or aggravated stalking may be sentenced to a maximum of 10 years, rather than 5 years; allows judge to order a psychological evaluation of the offender and consider the entire criminal record at sentencing; judge is authorized to issue a permanent restraining order and may order psychological treatment. (Signed 4/14/98, Act #865)
SB 39 Sexually Violent Predators: Registration Upon Release
OCGA 42-1-12
Requires that sexually violent predators register with the local sheriff within 10 days of release or placement; requires the sheriff to prepare a list of these offenders and post the list in designated public places. (Signed 4/10/98, Act #828)
SB 110 DUI: Brain Injury Trust Fund
OCGA 15-21-140-152
Creates the Brain and Spinal Injury Trust Fund Authority and imposes an additional penalty in each case involving a DUI offense of a sum equal to 10% of the original fine that will be remitted to the fund. (Signed 4/6/98, Act #809, Effective upon ratification)
SB 158 Pandering
OCGA 16-6-12
Requires that the clerk of court publish a notice of conviction of pandering that gives the name, address, and photograph of the offender in the manner of legal notices; requires those convicted be tested for certain sexually transmitted diseases. (Signed 4/20/98, Act #950)

SB 409 Probation Supervision Fees
OCGA 17-15-13, 42-8-34
Increases monthly probation supervision fees from $20 to $23 per individual, the amount of this increase will be collected monthly under the state-wide probation system and forwarded to the Georgia Crime Victims' Compensation Board. (Signed 4/10/98, Act #830)
SB 444 Public Transit: Conduct
OCGA 16-12-120, 120.1, 40-6-208
Prohibits smoking, or tobacco, consumption of food or bev~rages, refusal to exit the vehicle when requested or entering or exiting emergency doors on public transit buses, rapid rail cars, or at stations; exempts certain transit employees who are performing their duties; also places restrictions on parking vehicles at the transit parking lot or parking deck. (Signed 4/14/98, Act #867)
SB 460 911 Calls: Interference
OCGA 16-10-24.3
Provides for the offense of interfering or hindering a person from making certain calls for emergency assistance; violators may be fined up to $1000, or imprisoned for up to 12 months, or both. (Signed 4/2/98, Act #783)
SB 484 State Parks: Trespass
OCGA 12-2-2, 12-3-10
Defines actions that constitute the offense of criminal trespass for persons visiting parks, historic sites, and recreational areas; prohibits use of a privately owned boat on certain state park lakes. (Signed 3/27/98, Act #664, Effective 3/27/98)
SB 513 Personal Financial Security Act
OCGA 16-9-120-126
Creates the criminal offense of financial identity fraud when, without the authorization or permission of another person, and with the intent to unlawfully appropriate financial resources of the other person to himself or a third party, a person obtains certain identifying information to assist in accessing the financial resources of the other person. (Signed 4/14/98, Act #856)

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I IJudicial Legislative Log

Traffic Law
HB 1169 Safety Belt Violations
OCGA 40-8-76.1
Prohibits taxing costs of prosecution or assessing any other penalties, fees or surcharges, in addition to the fine against a person convicted of the offense of failure to wear a passenger vehicle seat safety belt. (Signed 4/23/98, Act #983)
HB 1378 Chemical Tests: Implied Consent
OCGA 40-5-67.1
Clarifies that a legally sufficient implied consent notice has been given to a motorist if the reading of the notice is inexact, but is substantially the same as the written notice. (Signed 3/27/98, Act #573, Effective 3/27/98)
SR 144 DUI: Penalties or Fees Constitutional Amendment Proposes an amendment to the constitution to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state where a person is judged guilty of DUI; provides for allocation to the Brain and Spinal Injury Trust Fund. (Signed 4/6/98, Act #78)
Superior Courts
HB 88 Superior Court Judges: Creditable Service
OCGA 15-6-2
Provides that any member who was retired on July 1, 1996, with 16 or more years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1% of the salary paid at retirement multiplied by the number of years of creditable service in excess of sixteen years. (Signed 3/27/98, Act #523)
HB 724 District Attorneys' Staff: ERS
OCGA 47-2-264.1
Provides that personnel employed by a district attorney of a multicounty judicial circuit who are paid from funds supplied by the counties of the circuit and who are ineligible for membership in a county retirement system may become members of the Employees' Retirement System of Georgia; allows for credit for prior service. (Signed 3/27/98, Act #532)

HB 751 Judicial Retirement System: Create
OCGA 47-8-43, 62
Creates the Georgia Judicial Retirement System and provides for transfer of assets from three existing funds to the new fund; members to include superior court judges, state court judges, juvenile court judges, district attorneys, solicitors-general; specifies that a judge of the superior, state or juvenile court who retires with 10 years' service may become a senior judge and assist in any court. (Signed 4/2/98, Act #702)
HB 937 ERS: DA State-Paid Employees
OCGA 47-2-267
Provides that employees of a district attorney who are paid from state funds shall be members of the Employees' Retirement System; provides credit for service for any employee who is already a member of the ERS. (Signed 3/27/98, Act #538)
HB 1088 ERS: Judges' Secretaries Creditable Service
OCGA 47-2-264
Provides that secretaries of appellate judges, superior court judges and district attorneys shall be allowed credit toward retirement for the period of prior service as a secretary or employee of a state court judge; sets forth procedures to obtain creditable service, transfer of funds and buy-back opportunities. (Signed 4/20 /98, Act #900)
SB 77 Superior Court Judgeships; Bell-Forsyth Circuit
OCGA 15-6-1, 2
Creates additional superior court judgeships in the following circuits: Atlanta Judicial Circuit, 2; Douglas Judicial Circuit, 1; Gwinnett Judicial Circuit, 1; Ocmulgee Judicial Circuit, 1; Stone Mountain Judicial Circuit, 1.
Creates the Bell-Forsyth Judicial Circuit to be composed of Forsyth County. (Signed 3/27/98, Act #653, Effective 3/27/98)

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Superior Court Clerks

State Courts

HB 571 Clerks: Post-Retirement Benefits
OCGA 47-14-22, 40, 70
Provides that the board of trustees of the Superior Court Clerks' Retirement Fund may grant postretirement benefit increases; increases certain retirement benefits based on years of service. (Signed 3/27/98, Act #531)
HB 1144 Security Instruments: Records
OCGA 44-14-3
Eliminates notice to the grantor upon legally sufficient satisfaction or cancellation of certain security instruments recorded in the office of superior court clerk; makes reference to the grantor or holder of the instrument. (Signed 4/2/98, Act #706)
HB 1522 Intangible Tax: Collection
OCGA 48-6-60
Provides that the superior court clerk is responsible for the collection of the intangible recording tax and related duties except in counties under 50,000 in population where, at the clerk's discretion, a tax collector or commissioner may serve. (Signed 4/23/98, Act #994, Effective 1/1/99)

HB 1923 State Court of Bacon County Creates the State Court of Bacon County; provides that the initial judge be elected in November 1998 and take office 1/1/99. (Signed 4/2/98, Act #945, Effective 4/2/98)
SB 709 State Court of Henry County Creates the State Court of Henry County; provides that the initial judge be elected in November 1998 and take office 1/1/99. (Signed 3/27/98, Act #680, Effective 3/27/98)
Juvenile Courts
HB 1288 Guardian Ad Litem
OCGA 15-11-55
Provides for appointment of counsel or a court appointed special advocate as guardian ad litem for a minor in deprivation cases; requires that volunteers must be screened and trained regarding deprivation, child development and other juvenile court procedures before appointment as a guardian ad litem. (Signed 4/6/98, Act #802)

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HB 1290 Juvenile Court Judges: Training
OCGA 15-11-4.1, 10
Allows payment of actual expenses, rather than reasonable expenses, for judges or associate judges of the juvenile courts attending training seminars; provides that decisions of an associate juvenile court judge shall be signed and filed as orders of the court; allows transfer of certain juvenile court proceedings when the county of residence of the child or of the parent has changed; requires the release of a child's name if the child has been adjudicated delinquent and is subsequently alleged to have committed a designated felony or delinquent act. (Signed 4/6/98, Act #803)
HB 1585 Child Placement
OCGA 15-11-41 , 81, 90
Modifies court procedures following a judicial determination that "reasonable efforts" to preserve or reunify a family have not been made or have failed; requires permanency plans and permanency hearings; provides an exception if the parent has committed certain offenses; provides for timely termination of parental rights when the period of foster care exceeds 15 months. (Signed 4/14/98, Act #872)
HB 1717 Deprivation: Custody
OCGA 15-11-28, 34
Prohibits the return of custody of a child to any person determined to have caused deprivation while under the influence of drugs or alcohol until such person undergoes treatment and random drug screens for a period of six consecutive months. (Signed 4/2/98, Act #750)
SB 421 Juvenile Fingerprint Records
OCGA 15-11-2, 59, 60 and others
Authorizes fingerprinting of certain juvenile offenders; provides that the Georgia Crime Information Center will create a juvenile fingerprint file and enter the data into the computerized criminal history files; children charged with an offense that if committed by an adult would be a felony are subject to having fingerprints, personal identification data and other pertinent information added to this file; limits access to these records. (Signed 4/10/98, Act #831)
SB 660 Custody Orders: Duration
OCGA 15-11-36.1, 41
Provides that when custody is granted to a relative, the order shall remain in effect until the child's 18th birthday unless modified following a petition for modifica-

tion; provides for periodic review of the placement by a probation officer or judicial citizen review panel; authorizes juvenile court judges to order counseling for any child under their jurisdiction. (Signed 4/10/98, Act #835)
Probate Courts
HB 516 Probate Judges: Training
OCGA 15-9-1.1
Requir~s judges of the probate courts to complete minimum credit hours annually; hardship extensions of six months may be granted on a case by case basis by the Probate Judges Training Council; provides for notice to the Judicial Qualifications Commission if the judge fails to comply. (Signed 4/20/98, Act #892, effective 1/1/99)
HB 1226 Revised Probate Code
OCGA 53-1-1
Revises certain provisions regarding wills, administration of estates, years' support, etc.; changes provisions on vesting of title to property, authorized investments and standard of a personal care representative. (Signed 4/23/98, Act #987)
Magistrate Courts
HB 1200 Magistrates: Certification
OCGA 15-10-137
Requires magistrates taking office on or after July 1, 1998, to complete 80 hours of training during the first two years after becoming a magistrate; also requires completion, during the initial year of service, of a program of orientation activities established by the Council of Magistrate Court Judges. (Signed 3/27/98, Act #555)
SB 411 Arrest Warrants: Video Conference
OCGA 17-4-47
Authorizes hearings of applications for arrest warrants by video conference; requires the judge conducting the hearing to have visual and audio contact with all affiants and witnesses. (Signed 4/14/98, Act #860, Effective 4/14/98)

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SB 525 Dispossessory Proceedings
OCGA 44-7-52, 54, 56
Provides for an order by the court for payment of rent and cost of the dispossessory warrant by certain tenants; provides that when the judgment is against a tenant, a writ of possession will be effective after 7 days; any appeal of the judgment must be within 7 days. (Signed 4/20/98, Act #961)
Municipal Courts
HB 1199 Municipal Courts: Training
OCGA 36-32-22
Changes the method of appointment of the five municipal court judge members of the Municipal Courts Training Council from appointment by the governor, to appointment by the Council of Municipal Court Judges. (Signed 3/27/98, Act #554)
HB 1206 Municipal Courts: Jurisdiction
OCGA 36-32-9
Authorizes municipal courts to try and dispose of cases in which a person is charged with a third offense of shoplifting property which is valued at $100 or less. (Signed 3/27/98, Act #557)

HB 1441 Municipal Courts: Consolidated Governments
OCGA 36-32-10.2
Repeals cited code section granting misdemeanor jurisdiction to municipal courts of certain consolidated governments. (Signed 4/2/98, Act #730, Effective, 4/2/98)
Veto
HB 1316 Civil Actions: Recommencement
OCGA 9-2-61
Provides that a dismissed civil case may be recommenced in federal court within the original applicable period of limitations. Vetoed 4/2/98

Governor's veto message
House Bill 1316 amends Georgia law relating to the dismissal and renewal of certain civil actions so as to permit the recommencement of a case that was originally dismissed in federal court under certain circumstances, regardless of whether the recommencement is permitted by the Federal Rules of Civil Procedure.
After passage, a defect in the bill was discovered causing its author to request a veto. The language was perfected in House Bill 1730.
Therefore, at the request of the author, I hereby veto House Bill 1316 on technical grounds.

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Local Measures

Local bills passed during the 1998 session are arranged alphabetically by county or municipality.

House Bills

HB 1773 Bartow County - Superior Court Clerk; change compensation. (Signed 3/27/98, Act #693, Effective 1/1/99)

HB 1894 Blue Ridge Judicial Circuit - Superior Court Judge; increase compensation (Signed 4/10/98, Act #855, Effective 1/1/99)

HB 1891

City of Bremen - Municipal Court; increase fines to a maximum of $1000 and allow for up to six months imprisonment. (Signed 4/10 /98, Act #854, Effective 5/l/98)

HB 1897 Bryan County - Probate Court Judge; change compensation. (Signed 4/20/98, Act #929, Effective 4/20/98)

HB 1818 Bulloch County - State Court SolicitorGeneral; create full-time position. (Signed 3/27/98, Act #609, Effective 1/1/99)

HB 1764 Carroll County- State Court Solicitor-General; create full-time position. (Signed 3/27/98, Act #690, Effective 1/1/99)

HB 1605 City Court of Carrollton - Change regular terms. (Signed 3/27/98, Act #596, Effective 9/7/98)

HB 1761 Cobb County - Probate Court; increase salaries of judge and clerk. (Signed 3/27/98, Act #687, Effective 1/1/99)

HB 1875 Cobb County - State Court; increase salaries of clerk and chief deputy clerk. (Signed 4/2/98, Act #774, Effective 1/1/99)

HB 1754

Cobb Judicial Circuit - Increase salaries of senior district attorney, chief assistant and assistant district attorneys. (Signed 3/27/98, Act #682, Effective 1/1/99)

HB 1877 Cobb Judicial Circuit - Increase salary of deputy clerk of superior court. (Signed 4/2/98, Act #775, Effective 1/1/99)

HB 1725 Cobb County- State Court; increase salary of Solicitor-General. (Signed 3/27/98, Act #647, Effective 1/1/99)

HB 1731 Cobb Judicial Circuit - Increase salaries of superior court judges and chief judge. (Signed 4/2/98, Act #753, Effective 1/1/99)

HB 1694 Cobb County- State Court; increase salaries of judges and associate judges. (Signed 3/27/98, Act #644, Effective 1/1/99)

HB 1595 City of Columbus - Municipal Court; change fees for issuing and serving subpoenas. (Signed 3/27/98, Act #592, 7/l/98)

HB 1611 Decatur County - State Court; change compensation for judge and solicitor. (Signed 3/27/98, Act #626, Effective 4/1/98)

HB 1612

Dougherty County- Magistrate Court; provide for appointment of chief magistrate and magistrates, their terms and compensation. (Signed 3/27/98, Act #627)

HB 1613 Dougherty County- Probate Court Judge; nonpartisan election beginning in 2000. (Signed 3/27/98, Act #628)

HB 1615 Dougherty County - Probate Court Judge; change compensation. (Signed 3/27/98, Act #629, Effective 1/1/99)

HB 1400 Harris County- Superior Court Clerk; change compensation. (Signed 3/27/98, Act #577, Effective 4/1/98)

HB 1890

Jefferson County - State Court Judge; change compensation. (Signed 4/2/98, Act #779, Effective 1/1/2001)

HB 1889 Jefferson County - State Court SolicitorGeneral; change compensation. (Signed 4/2/98, Act #778, Effective 1/1/2001)

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HB 1781 Jones County - Probate Court Judge; change compensation. (Signed 3/27/98, Act #599, Effective 1/1/2001)

HB 1783 Jones County- Superior Court Clerk; payment of travel expenses. (Signed 3/27/98, Act #601, Effective 1/1/99)

HB 1843 Lee County - Chief Magistrate; nonpartisan election. (Signed 3/27/98, Act #617, Effective 7/1/98)

HB 1844 Lee County - Probate Court Judge; nonpartisan election. (Signed 3/27/98, Act #618, Effective 1/1/2000)

HB 1833 Lumpkin County - Chief Magistrate; change compensation. (Signed 4/2/98, Act #766, Effective 1/1/99)

HB 1842

Madison County - Clerk of Superior Court and Probate Court Judge; increase supplement. (Signed 3/27/98, Act #616, 4/1/98)

HB 1840 Northeastern Judicial Circuit - Superior Court Judges; increase compensation. (Signed 4/10/98, Act #848, Effective 1/1/99)

HB 1841 Northeastern Judicial Circuit - District Attorney; increase supplement. (Signed 4/2/98, Act #768, Effective 1/1/99)

HB 1439 Oglethorpe County - Chief Magistrate; nonpartisan election. (Signed 4/2/98, Act #729, Effective 1/1/99)

HB 1887 City of Dallas - Provide for removal of city attorney and city clerk. (Signed 4/2/98, Act #777, Effective 7/l/98)

HB 1832 Pike County - Probate Court Judge; nonpartisan election. (Signed 3/27/98, Act #615, Effective 1/1/99)

HB 766

Richmond County - Judges of superior and state court, clerks of court, judge of probate court, district attorney and solicitor-general; increase compensation. (Signed 4/20/98, Act #893, Effective 1/1/99)

HB 1723 Stone Mountain Judicial Circuit - Superior Court Judges; change compensation. (Signed 4/2/98, Act #751, Effective 1/1/99)

Senate Bills

58483

Western Judicial Circuit- Superior Court Judges; increase supplements (Signed 3/27/98, Act #663, Effective 7/l/98)

58584

Chattahoochee Judicial Circuit - Superior Court Judges; increase supplements. (Signed 3/27/98, Act #669, Effective 1/1/99)

58683

Clayton County - Magistrate Court; election of chief magistrate (Signed 4/2/98, Act #792, Effective 4/2/98)

58664

Cobb County - Juvenile Court Judges; change compensation. (Signed 3/27/98, Act #673, Effective 1/1/99)

58501

Cobb County- Juvenile Court Judges; change compensation. (Signed.3/27/98, Act #666, Effective 4/1/98)

58677

Coweta Judicial Circuit - Superior Court Judges; increase compensation. (Signed 4/2/98, Act #791, 1/1/99)

58418

Glynn County- State Court Solicitor-General;_ nonpartisan election. (Signed 3/27/98, Act #658, 1/1/99)

58417

Glynn County - State Court Clerk; nonpartisan election. (Signed 3/27/98, Act #657, 1/1/99)

58673

Morgan County - Probate Court Judge; nonpartisan election. (Signed 3/27/98, Act #674, Effective 1/1/99)

SB 672

Morgan County- Chief Magistrate; nonpartisan election. (Signed 4/2/98, Act #790, Effective 1/1/99)

June 1998

19

Georgia Courts Journal

Cherokee County Courthouse continued from page 3

folks. "We had a lot of people involved whose parents had helped in the construction of the building and others who were craftsmen and artists employed by Georgia Marble," he says.
Bernese Cagle of the Cherokee County Historical Society reports that "it's just a great facility." The Historical Society now conducts tours of the building and plans to create an interpretive exhibit on the third and fourth floors. Ms. Cagle praises the authenticity of the res-

toration and says, "Basically, if you walk into the courthouse now, it looks very much as I remember it as a child in the 1940s."
A three-judge panel of the Court of Appeals, including Judge Pope, met in the historic courthouse's courtroom on April 28 to hear oral arguments. The event marked the first time an appellate court has met in the courthouse and was part of Cherokee County Law Day. Students from Cherokee and Sequoyah High Schools attended. tc

Pictured here from left to right, Judge Dorothy T. Beasley, Presiding Judge Marion T. Pope Jr. and Judge John H. Ruffin Jr. ofthe Court of Appeals hear oral arguments in the restored Cherokee County courtroom.

Georgia Courts JOURNAL
Vol. 25 No. 4
Georgia Judicial Council
Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher,
Vice Chair Chief Judge Gary B. Andrews
Judge Robert J. Castellani Judge A. Wallace Cato
Judge Rita L. Cavanaugh Judge Howard Cook
Judge E. Purnell Davis II Judge Philip F. Etheridge Judge Richard S. Gault Judge John E. Girardeau Judge Helen W. Harper Judge Edward H. Johnson
Judge Sanford J. Jones Judge William F. Lee Jr. Judge George F. Nunn Jr. Judge Johnny R. Parker Judge C. Donald Peppers Sr. Judge Dorothy A. Robinson Judge T.O. Sturdivant ill Judge William M. Towson Sr.
Judge A.J. Welch Jr. Senior Judge E. Mullins Whisnant
Judge Amanda F. Williams
Administrative Office of the Courts
Senior Communications 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
( ) Printed on recycled paper.

Vol. 25 No. 4 June 1998

&A
J'"KOO

JOURNAL

.Pl

G-4 AOC leadership transition 25/4

Director Robert L. Doss Jr. leaves

agency after 25 years

Robert L. Doss Jr. has resigned as

creation of the Judicial Council of

director of the Administrative

Georgia and the Administrative

Office of the Courts. Mr. Doss has

Office of the Courts in 1973.

devoted his entire career to the

Mr. Doss joined the new agency

Georgia court system, providing

as its first employee. He became its

leadership and staff support to

director in 1975.

court-improvement

initiatives for

A growing judicial

more than

branch

two and a half

Much change and

decades. He

growth has occurred

is leaving the

in the state's judicial

agency to pursue

branch during Mr.

other interests in

Doss' tenure. When

the state's court

he began serving as

system.

director of the AOC

Beginning in

in 1975, there were

1972 as staff to

86 superior court

the Governor's

judges serving in

Commission on

42 judicial circuits.

Judicial Pro-

As of July 1, 1998,

cesses, Mr. Doss

175 judges will

has been active in

serve in 47 circuits.

promoting the idea of court ad-

Mr. Robert L. Doss Jr.

The most profound transforma-

ministration and making it a reality tion of the state's judicial system

in Georgia. The commission, a

has occurred in the area of judicial

special panel of judges and lawyers continuing education, Mr. Doss

appointed by Gov. Jimmy Carter

believes. "The biggest change that

and chaired by Judge Robert H.

I've seen in the 26 years I've been

Hall, completed the first compre-

here, without a question, is the

hensive study of the Georgia judi-

implementation of mandatory con-

cial system's caseload, personnel

tinuing judicial education for

and finances and made recommen-

judges and clerks, and the pro-

dations for improvements. The

found impact that it's had up and

work of the commission led to the

down the line," Mr. Doss says.

As an example, he cites magistrate training requirements. "Because the magistrates now have to take 40 hours of initial training and 20 hours a year thereafter, you can't be casual about your interest and commitment to being a magistrate. That's too much time to spend if you're not really serious about it." Mr. Doss praises the quality and scope of instruction for magistrates, as well as for all the other judges, and concludes that "it has really improved the quality of the administration of justice in Georgia."
See Robert L. Doss, page 6
* * Special Legislative Issue
Inside:
Restored Cherokee County Courthouse honored .......................... 3 Guidelines for child deprivation cases developed ................................. 4 JQC opinions ........................................ 4 Rockdale wins GCCA court administration award .......................... 5 Fulton Drug Court visits school ...... 7 FY 1999 appropriations .................... 8
1998 legislation .............. 9-19
Don't miss the final edition of the '98 Judicial Legislative Log, featuring summaries of court-related measures adopted by the General Assembly.

In Brief ...

Appointments AOC Interim Director
The Supreme Court has named Hulett H. Askew to serve as interim director of the AOC. Mr. Askew is currently the director of Bar Admissions and chairs the Chief Justice's Commission on Professionalism.
Gov. Zell Miller has made the following appointments: Benjamin Franklin Smith Jr. was appointed district attorney of the Cobb Judicial Circuit for the term March 3, 1998, through December 31, 1998. Barry Edward Morgan was appointed solicitorgeneral of the State Court of Cobb County for the term March 3, 1998, through December 31, 1998. William Terry Turner was appointed solicitorgeneral of the State Court of Jeff Davis County for the term March 27, 1998, through December 31, 1998. Judge John Herbert Cranford was appointed to the State Court of Coweta County for the term May 27, 1998, through December 31, 2000. Judge Kathlene F. Gosselin was appointed to the Northeastern Judicial Circuit Superior Court for the term June 3, 1998, through December 31, 2000. Judge Bonnie Chessher Oliver was appointed to the State Court of Hall County. A date for her swearing-in ceremony has not yet been set.
Resignation Chief Judge Charles L. Carnes of the State Court of Fulton County resigned on April 24 and took senior status. He was elected to the state court bench in 1980, and his colleagues elected him chief judge 11 months after he was sworn in. Judge Carnes has been unanimously re-elected to the position by his fellow judges every year since then. He served in the state legislature for 12 years and also built a private law practice before becoming a judge.
In memoriam Judge Marcus B. Calhoun of Thomasville died on April 19 at the age of 80. He was appointed to the superior court bench in the Southern Judicial Circuit in 1969. Judge Calhoun served until 1979, when he retired and took senior status. While in office, he served on the Judicial Council and as president of the Council of Superior Court Judges. He was also a member of the Governor's Commission on Court Organization and Structure. Prior to becoming a judge, he was a special agent with the Federal

Bureau of Investigation, solicitor of the City Court of Thomasville and solicitor-general of the Southern Judicial Circuit.
New member appointed to JQC Carol E. Jones of Greensboro, Georgia, has been appointed to the Judicial Qualifications Commission for the term May 22, 1998, through December 31, 2000. Ms. Jones serves as one of two lay citizens appointed to the commission by Gov. Miller. She fills the seat vacated by Dr. Barbara L. Carter.
Mark your calendar: Substance Abuse Committee schedules first annual training conference
The Supreme Court Committee on Substance Abuse and the Courts and the Georgia Association of Drug Court Professionals will present "Drug Courts: Making. a Difference One Life at a Time" on July 9 and 10 in Macon. For more information, call Sandy L. Ward, the committee's director, at 404-657-4219.
AOC, Supreme Court Clerk and Reporter move to Health Building
Staff of the AOC, Supreme Court Clerk and Reporter of Decisions have moved from 244 Washington Street to the fourth floor of the Public Health Building at 47 Trinity Avenue. The Supreme Court's central staff is also now housed in the Health Building. The move is a temporary one, and all telephone numbers and permanent mailing addresses remain the same.
National Judicial College offers scholarships The National Judicial College (NJC) invites judges to apply for scholarships and financial assistance to attend NJC courses. Contact the NJC (800-255-8343) or State Justice Institute (703-684-6100) to obtain an application. For information on Bureau of Justice Assistance scholarships and privately funded scholarships, call Nancy Copfer (800-255-8343).
Hotline provides legal aid for seniors The Atlanta Legal Aid Society, in cooperation with the Georgia Division of Aging Services, the Georgia Legal Services Program and the State Bar Pro Bono Project, has begun operating a statewide legal hotline for older Georgians. Staffed by specially trained attorneys, the hotline is available from 9:00 A.M. to 3:00 P.M., Monday through Friday, and can be reached at 888-257-9519. Callers from the metropolitan Atlanta area can dial 404-657-9915.

Georgia Courts Journal

2

June 1998

Restored Cherokee County Courthouse receives preservation award

The team responsible for the restoration of the Cherokee County Courthouse was among 22 groups honored by the Georgia Trust for Historic Preservation at its annual meeting on April 18. The Cherokee County Board of Commissioners, architect Jack Pyburn, and contractor Metric Constructors shared the award.
The four-story marble courthouse, built in 1927, is an example of the Neoclassical Revival and Italian Renaissance Revival styles. Located in Canton, the courthouse served the people of Cherokee County for almost 70 years. Court was last held there in 1994. The building, which is listed on the National Register of Historic Places, now houses government offices and serves as a community meeting place.
Judge Marion T. Pope of tlfe Georgia Court of Appeals presided on the superior court bench in the old courthouse for 14 years. He remembers some of the by.ilding's unusual features and recalls that locating the jail on a floor above the
The courthouse's original stonework eagles and columns were carved by local citizens.

courtroom led to

many problems.

"The prisoners

would get restless,

for lack of a better

word, and they

would take their

mattresses and

stop up the plumb-

ing, forcing water

down into the

courtroom. I remember water

The restored Cherokee County Courthouse.

would be coming down the walls

the original drawings for the build-

during trials. On occasion they

ing to use as a guide. The court-

would set something on fire ... or

room's original wall sconces were

they'd just start making a lot of

discovered in a coal bin in the base-

noise. A lot of times we'd have to

ment of the courthouse; they were

take a recess so the sheriff could go

restored and returned to use.

up and try to stop the commotion," Special attention was given to the

Judge Pope says.

courtroom, and the water-damaged

"Patchwork" renovations were

ceiling was completely rebuilt.

attempted, but the condition of the

Paneling was removed, and the

courtroom continued to decline.

original plaster and woodwork

"When my children were young,

were restored.

they would visit the courthouse on

Local newspaper accounts pub-

occasion," Judge Pope says, "and

lished when the courthouse was

the local paper would take their

built tout it as the first building to

picture with Tom, my oldest son,

offer all-metal, modem office furni-

pointing to where the ceiling was

ture. The restoration team found a

caving in."

piece of this furniture, manufac-

The long-awaited restoration be-

tured by Steelcase, in the county's

gan in 1993 and was completed in

administrative offices, and similar

1997. Mr. Pyburn says he had two

pieces were purchased for use in

hopi:;s for the project: "One was to

the renovated space.

take the structure back to its origi-

The courthouse's handsome

nal character, and, secondly, adapt

marble facade (originally a gift

it so that it could continue to be

from Georgia Marble, which has its

used for county functions." The

headquarters in Cherokee County)

courthouse restoration was funded

was cleaned and repaired during

by a sales tax increase, which also

the restoration. Jack Pyburn reports

paid for construction of the

that the original stonework eagles

county's new Justice Center.

and columns were carved by local

Many of the building's original

citizens, who were trained by Italian

elements survived to serve as

artisans brought to the U.S. by

models for the restoration. For

Georgia Marble. During the resto-

instance, a complete window was

ration, he received input from local

still in place. The architect also had

See Cherokee ~ourthouse, page 20

June 1998

3

Georgia Courts Journal

Judges develop guidelines for child deprivation cases

Fourteen judges with juvenile jurisdiction met to complete work on judicial guidelines for child deprivation cases at a Judicial Responsibility Workshop on February 6 and 7. The workshop was sponsored by the Supreme Court's Child Placement Project (CPP) and the Council of Juvenile Court Judges. Representatives of the Department of Family and Children Services also attended. Initial development of the guidelines was begun at an earlier meeting in September 1997.
The workshop product, "Judicial Guidelines for Deprivation Cases," will be presented to the entire Council of Juvenile Court Judges at a special session during the spring conference on May 25. The guidelines are intended to aid judges and are non-mandatory and aspirational. CPP Project Director Michelle Barclay reports that the judges put much thought and discussion into the process.
Development of deprivation case guidelines was a recommendation of the Final Report of the Georgia Supreme Court Child Placement Project. This 1995-96 statewide study of the processing of child deprivation cases revealed many differences in practices across the state. Court participants, including many judges, expressed frustration that lack of current information prevents judges and others from evaluating and improving practices within their own courts. "Judicial Guidelines for Deprivation Cases" attempts to address these concerns and standardize procedures.
Recent changes in federal and state law have given Georgia's juvenile courts a more active role in the decision-making when deprivation is an issue. "The issues

coming before the courts for decision are more complex and require more hearings. To perform their expanded oversight role, courts need well-defined juvenile court procedures for child deprivation cases," Ms. Barclay says. She notes that the number of children in foster care continues to grow. On the day of the first workshop in September 1997, Georgia had 19,372 children in protective custody.
Guidelines Development Team:
Judge John W. Beam Jr., Juvenile Court of Chatham County
Judge J. Lane Bearden, Juvenile
Court of Gordon County Assoc. Judge Luz Cloy, Juvenile
Court of Bryan, Evans, Liberty, Long, Mcintosh and Tattnall Counties Judge Virgil Costley (retired), Covington Judge G. Bryant Culpepper, Macon Judicial Circuit Judge Stephen E. Franzen, Juvenile Court of Gwinnett County Presiding Judge Martha K. Glaze, Juvenile Court of Clayton County Judge George Heam, Juvenile Court of Walton County Judge Cliff Jolliff, Juvenile Court of Hall and Dawson Counties Judge Sanford Jones, Juvenile Court of Fulton County Judge R. Michael Key, Juvenile Court of Troup County Presiding Judge James Morris, Juvenile Court of Cobb County Judge Robin Nash, Juvenile Court of DeKalb County Assoc. Judge Robin Shearer, Juvenile Court of Clarke County Chief Judge Hugh W. Stone, Enotah Judicial Circuit ti:;

Judicial Qualifications Commission
Opinion 226 Opinion No. 220 issued April 25, 1997, is modified so as to conform to the statutory provisions of OCGA 15-6-8(4) specifically authorizing the superior courts of this state to exercise general supervision over all inferior tribunals in their respective jurisdictions. Except as modified, Opinion No. 220 remains viable and binding.
Opinion 227 The wearing of a candidate "badge" by a lawyer while in the local courthouse and/or while trying cases constitutes conduct falling below.the standard of campaign conduct enunciated by the Supreme Court and hence is inappropriate.
Copies of the complete opinions can be obtained from the Judicial Qualifications Commission (770-587-5208 or www.state.ga. us/Courts/Supreme). ti:;
Time to revise the Georgia Courts Directory
Address correction and verification postcards for the 1998-99 Georgia Courts Directory will be mailed to judges and other court personnel in the next few weeks. Please return your card promptly whether or not changes are needed. The new directory will be published in August.
Thank you for your assistance!

Georgia Courts Journal

4

June 1998

News from the Council of Court Administrators
Rockdale Courts win award for innovative computer information system

On April 6, the Rockdale County

subpoenas. The same system is

or file date. The clerk can also print

Integrated Court Management Sys- installed in the juvenile court, but

notices from the system. Civil cases

tem was recognized as the year's

is not integrated into the other

are handled in much the same

most innovative program for the

courts and agencies.

manner as criminal.

administration of justice. The com-

The system allows Rockdale's

The district attorney's office is

puter information system

also able to use the system

links local courts and court-

for criminal cases. The office

related agencies, allowing

prints subpoenas, bench

them to share data. As a

warrants, bond forfeiture

result, information is acces-

notices and many other

sible to all and duplication of

documents from the com-

effort is reduced. The award

puter database.

was presented by Mr. John

The system links courts

Zoller, president of the

and agencies which previ-

Georgia Council of Court

ously had separate and

Administrators.

redundant databases. Now,

Joanne P. Caldwell, Rock-

for example, when the

dale's superior and state

magistrate court issues a

court clerk, accepted the

warrant, the sheriff's depart-

award on behalf of the court

ment can access the file and

system. Superior Court

simply add arrest informa-

Judge Sidney L. Nation de-

tion, rather than starting a

scribes Ms. Caldwell as the

new file in a separate com-

"driving force" behind the

puter system. After a com-

development of the computer information system. In accepting the award, Ms.

Joanne P. Caldwell, clerk of court, accepts the award from John Zoller on behalf of Rockdale County.

mittal hearing, the warrant is transferred to the proper court, and the information is

Caldwell recognized all who had

judges to print reports from their

updated in the computer. Anyone

contributed to the program, includ- office computers. A docket of all

in the system can know at any time

ing her staff; Judge Nation and

open cases, for example, can be

where a particular warrant is. War-

Superior Court Judge Clarence R.

printed for the judge's review. The

rants disposed of prior to indict-

Vaughn Jr.; the county's juvenile,

judge can also select other criteria

ment are also tracked, creating a

probate and magistrate court

for sorting information, including

complete record of all warrants

judges; the district attorney and

filing date, categories of cases, or

and arrests.

solicitor-general's offices; the pub-

disposed cases. All of these capa-

lic defender's office; the sheriff's

bilities give the judge up-to-the-

SJI funds to provide training

department; the county commis-

minute knowledge of his or her

The Council of Court Adminis-

sioners; and the court's computer

caseload for more efficient case

trators recently received a $21,500

programming staff. Judge Nation

management.

grant from the State Justice Insti-

added, "We are a community in

The superior court clerk's office

tute to fund professional develop-

this courthouse. Without every-

enters case numbers and other

ment training. The training will be

body's help, this could not have

information into the person-based

held in conjunction with the

happened."

system after a defendant is indicted council's fall 1998 and spring 1999

The superior, state, probate and

or an accusation is issued. All fines

conferences. Components of the

magistrate courts use the new

and fees are posted and tabulated

National Association for Court

computer information system to

by computer. Docket entries are

Management's Core Competency

produce calendars, notices and

entered and can be printed by case

Curriculum will be presented. t?;;

June 1998

5

Georgia Courts Journal

Director Robert L. Doss Jr. leaves AOC continuedfrompage 1

Another significant change seen by Mr. Doss is improved staffing for judges. He recalls that providing state-paid secretaries for superior court judges was one of the recommendations of the governor's commission. Prior to that time, superior court judges had secretaries only if the county furnished one, and judges often used their court reporters for secretarial duties. "That was one of the first accomplishments of the governor's commission, getting the state to pay for a secretary for every superior court judge." Mr. Doss says. "Now the judges have a law clerk per circuit, and we're moving toward one per judge, as well as other staff support from the district court administrators, the AOC, and trial court administrators. That's a dramatic difference."
Honored by his peers Mr. Doss was recognized as one
of the nation's top state court administrators when he received the 1992 Distinguished Service Award from the National Center for State Courts. Then-Chief Justice Harold G. Clarke supported the nomination with a letter of recommendation, writing "The Georgia judiciary in particular, and the state in general, owe to Bob a deep debt of gratitude, not only for those things he has caused to be accomplished, but for the cultivation of fertile soil which will eventually bear the fruit of purer, more inexpensive and efficient justice for our people."
More recently, upon hearing of Mr. Doss' resignation, former Chief Justice Thomas 0. Marshall praised Mr. Doss' administrative and management skills, specifically mentioning the system used to determine the need for new judgeships. "He ran it very well," Justice Marshall says, "and I think it was very fairly administered. He deserves a lot of credit."

In a letter about Mr. Doss' pending departure, Chief Judge Joseph J. Gaines of the Western Judicial Circuit writes, "He will be hard to replace. His service came during a time span of great change and transition in the courts, but he met the innumerable challenges with energy, intelligence and vision.... His career exemplifies the highest ideals of a public servant, that is 'Service not for self, but for others."'
An active career Mr. Doss has played an energetic
role in many national organizations. He was elected president of
"His career exemplifies
the highest ideals of a
public seroant, that is
'Seroice not for self,
but for others."'
the Co.nference of State Court Administrators in 1986 and has served on its board of directors longer than any other member. He has also served on the board of directors of the National Center for State Courts and the American Judicature Society, and on the advisory council of the Institute of Court Management.
During his tenure as director of the AOC, Mr. Doss was a member of numerous state organizations, including the Georgia Crime Information Center Advisurv Committee, the Georgia Courts Automation Commission, the Georgia Judicial Planning Committee, the Georgia Law-Related Education Consortium, the Georgia Legal History Foundation, the State Crime Com-

mission, the Supreme Court Commission on Racial and Ethnic Bias in the Judicial System, and the Supreme Court Committee on Substance Abuse and the Courts.
He was a charter member and served on the executive committee of the Georgia Council of Court Administrators. He served as secretary to the Georgia Board of Court Reporting and Georgia Magistrate Courts Training Council. He was the chief justice's designee to the Georgia Criminal Justice Coordinating Council and appointed by Gov. Zell Miller to the Georgia Commission on Family Violence. He served on the board of trustees of the Institute of Continuing Judicial Education.
Background Mr. Doss is a Certified Graduate
Fellow of the Institute for Court Management. He earned a master's degree in Criminal Justice Systems and Urban Affairs from Georgia State University and holds an undergraduate degree in economics from Georgia State College. He received distinguished alumnus awards from the School of Urban Life in 1978 and from the School of Public and Urban Affairs in 1985 and 1991.
Mr. Doss was on active duty in the U.S. Army from 1968 to 1970, including a year in Vietnam as a platoon leader and company executive officer. He was awarded the Bronze Star and Vietnamese Cross of Gallantry. He served in the Individual Ready Reserve as a captain from 1970 to 1985.
Interim director named Hulett H. Askew has been named
as interim director. Mr. Askew is currently the director of Bar Admissions and chairs the Chief Justice's Commission on Professionalism.
The Judicial Council has named a search committee to seek applicants for the director's position. tf7J

Georgia Courts Journal

6

June 1998

"Court in School" program launched
Fulton Drug Court convenes at Atlanta high school

The students of Therrell High

School" program. Sponsored by the

School, a law and government

Georgia Supreme Court, this pro-

magnet school in southwest

gram is designed to provide

Atlanta, experienced the Georgia

middle and high school students

legal system first hand on April 30.

with a better knowledge of the

Judge Isaac Jenrette of the Fulton

state's laws and judicial system.

County Drug Court held court at

Therrell High School in Fulton

the school, hearing the actual cases

County is the first school in the

of participants in the drug court's

state to be designated as a court

diversion program.

site by a county commission. Plans

The judge presided over five

are underway for similar sessions

cases-one involving a new defen-

to be held at other schools.

dant, two involving defendants

Supreme Court Justice Carol W.

who are doing well under the drug

Hunstein, the program's initiator,

court's program, and two in which

says, "We want students to see

the defendants are experiencing

paternity suits and criminal cases

difficulties. After hearing the cases,

involving driving under the influ-

Judge Jenrette, the public defender,

ence, drug abuse and violence.

court reporter and other court-

They will learn the legal ramifica-

related personnel told the students

tions of behaviors that are all too

about their roles in the court and in common for many adolescents.

respect to these cases. Judge Jenrette Young people like to be daring and

concluded by answering questions

often don't realize how close they

from the students.

are to serious legal problems. Our

The Drug Court's visit to Therrell intent with this program is to dem-

High School launches the "Court in onstrate to them the speed with

which they can de-

rail their plans and

hopes and dreams

for the future."

The Fulton

County Drug

Court was chosen

for this first school

visit because it

exercises an inno-

vative approach

to nonviolent,

substance-abusing

defenders. Rather

than being sen-

tenced to jail time,

participants attend

counseling ses-

sions, submit to

weekly drug

Judge Isaac Jenrette of the Atlanta Judicial Circuit convenes the "Court in School" session in Therrell High School's mock-trial

screens, report to a case manager and

courtroom. Also pictured, Evelyn D. Parker, court reporter.

appear regularly

before Judge Jenrette for progress hearings. Failure to comply with these strict guidelines can result in further criminal prosecution and jail time.
The court session at Therrell High School was part of the school's observance of Law Day. to
'97 Annual Report provides caseload data and more
The Fiscal Year 1997 Annual Report on the Work of the Georgia Courts, produced by the Administrative Office of the Courts, is now available. The report presents caseload data for the trial and appellate courts and also summarizes the activities of 21 judicial branch agencies. The Annual Report includes the official, statutorily mandated annual reports of the Administrative Office of the Courts, Council of Juvenile Court Judges, Georgia Courts Automation Commission, Georgia Magistrate Courts Training Council, Georgia Municipal Courts Training Council, and County and Municipal Probation Advisory Council. To request copies of the Annual Report, contact
Nancy Pevey (404-656-5171). to

June 1998

7

Georgia Courts Journal

Fiscal year 1999 appropriations increase for judicial branch
State appropriations to the judicial branch for fiscal year 1999 (July 1, 1998-June 30, 1999) increased by 9.3% compared to an increase of 1.2% for state appropriations as a whole. The judicial branch receives approximately 0.8% of the total state budget.
In addition to normal continuation funding, the budget includes the following items:
The Supreme Court receives $24,576 for publications and printing in the Reporter of Decisions Office.
An additional $151,904 is appropriated to the Prosecuting Attorneys' Council for two computer specialist positions.
$675,000 is appropriated to the superior courts to fund House Bill 751 (superior court judges retirement).
The Judicial Council receives $220,000 in matching funds as part of the family court pilot project in Fulton County; $2,000,000 earmarked for legal services to victims of domestic violence; $100,000 for the operation of the Fulton County Drug Court; $40,647 for a full-time administrator for the Council of State Court Judges; and a $40,000 increase for annual case counting.
The Indigent Defense Council receives $500,000 to increase grants to counties.
An additional $200,000 is appropriated to the Georgia Courts Automation Commission for network support. t?;;

State Appropriations for the Judicial Branch: Fiscal Years 1998 and 1999

Functional Budgets

1998 General 1998 Amerided 1999 General % Appropriation Appropriation Appropriation Change

Supreme Court

$6,229,503

$6,229,503

$6,244,683

0.2

Court of Appeals

7,995,875

7,995,875

8,451,549

5.7

Superior Court

Superior Court Judges

33,461,129

District Attorneys

27,396,537

Council of Superior Court Judges 530,257

Judicial Administrative Districts 1,624,344

Prosecuting Attorneys' Council 2,420,047

Total

65,432,314

32,981,129 27,396,537
542,257 1,624,344 2,468,047 65,012,314

37,348,248 27,241,824
597,561 1,576,573 3,022,726 69,786,932

13.2 -0.6 10.2 -2.9 22.5 7.3

Juvenile Courts

1,209,812

1,209,812

1,279,908

5.8

Institute of Continuing Judicial Ed.

783,635

783,635

832, 114

6.2

Judicial Council

Operations

1,800,311

Board of Court Reporting

86,074

Case Counting

76,500

Council of Magistrate Court Judges 23,185

Council of Probate Court Judges

20,450

Council of State Court Judges

37,350

Council of Superior Court Clerks

38,000

BASICS

150,000

Family Violence Commission

90,000

Appellate Resource Center

300,000

Total

2,621,870

1,800,311 86,074 76,500 23,185 58,900 37,350 38,000 150,000 90,000
300,000 2,660,320

4,048,433 91,626
116,500 26,750 16,950 77,777 40,500
150,000 112,963 500,000 5,181,499

124.9 6.5
52.3 15.4 -71.2 108.2
6.6 0
25.5 66.7 94.8

Judicial Qualifications Commission 166,364

166,364

166,759

0.2

Indigent Defense Council

4,284,487

4,284,487

4,749,709

10.9

Georgia Courts Automation Commission

Operations

1,594,186

Statewide Cty. Computerized Info. 700,000

Total

2,294,186

1,594,186 700,000
2,294,186

2,034,106 741,000
2,775,106

27.6 5.9
21.0

Georgia Office of Dispute Resolution 258,864

258,864

270,391

4.5

Judicial Branch Total

$91,276,910 $90,895,360 $99,738,650

9.7

Total State Appropriation

$11,781,453,880 $12,380,991,546 $12,528,603,880

1.2

The judicial branch budget is approximately 0.8% of the total state budget.

Georgia Courts Journal

8

June 1998

1998 Session Final
Judicial Legislative Log

General Assembly 1998: Six new superior court judgeships created

A superior court judgeship bill (SB 77) gained approval from the 1998 General Assembly, creating a total of six new superior court judgeships. This will bring the number of superior court judges in the state to 175.
The Atlanta Judicial Circuit will add two superior court judges. The Douglas, Ocmulgee, Gwinnett and Stone Mountain Judicial Circuits will add one judge each. Appointment of the six new judges will be made by Governor Miller in the coming weeks. These judges will serve initial terms beginning July 1, 1998, and ending December 31, 2000. The cost to the state of a new superior court judgeship in an existing circuit ranges from $191,000 to $273,000.
A forty-seventh judicial circuit, the Bell-Forsyth Judicial Circuit, also becomes a reality on July 1, 1998. The new circuit is composed of Forsyth County only, leaving Cherokee County to make up the Blue Ridge Judicial Circuit. The superior court judge of the Blue Ridge Judicial Circuit who is a resident of Forsyth County will become the new circuit's initial judge.
Local bills created new state courts in Henry County and in Bacon County. The new judges will be chosen in the November 1998 elections. They will take office January 1, 1999, for four-year terms:

Bill Summaries
Entries are grouped by subject area (see below). Following each summary is the date the measure was signed by the governor, the act number and effective date, if different from July 1, 1998.
General Bills .................................................................... page 9 Criminal Law ........................................................'......... page 12 Traffic Law ..................................................................... page 14 Superior Courts ........................................................... page 14 Superior Court Clerks ................................................ page 15 State Courts ................................................................... page 15 Juvenile Courts ............................................................ page 15 Probate Courts ............................................................. page 16 Magistrate Courts ....................................................... page 16 Municipal Courts ......................................................... page 17 Veto Message ............................................................... page 17 Local Measures ........................................................... page 18
Legislative material was pre-pared by Billie Bolton, senior communications officer.

General Bills
HB 233 Insurance Fraud: Penalty
OCGA 33-1-9
Increases the penalties for felony insurance fraud committed against persons 60 years of age or older to imprisonment for not less than 2, or more than 10 years, or a fine of not more than $10,000, or both. (Signed 4/20/98, Act #890)

HB 395 Nonparty Discovery
OCGA 9-11-34
Requires notice to a person who is a nonparty when records relating to that person are sought from a nonparty practitioner of the healing arts, hospital, or healthcare facility. (Signed 3/27/98, Act #527)
HB 942 Recall Petition: Elements of Review
OCGA 21-4-6
Provides that the review of the alleged fact or facts of a recall petition shall include a determination of whether

June 1998

9

Georgia Courts Journal