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JOURNAL

Focus On: Professionalism
State Bar launches Judicial District Professionalism Program

The Judicial District Professionalism Program sponsored by the Bench and Bar Committee of the State Bar of Georgia will bring a local focus to questions of professional conduct in the courts. The program will attempt to resolve professionalism concerns regarding judges and lawyers, provide counseling where appropriate, and promote traditions of civility and professionalism. The State Bar Board of Governors approved the concept of establishing a local professionalism committee in each of the ten judicial administrative districts in a resolution adopted on June 19, 1998.
The program will operate independently from the disciplinary

system currently in place with the Office of General Counsel and the Judicial Qualifications Commission. The goal is to promote professionalism through increased
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This joint project of the bench and Bar seeks to improve the profession and bolster public confidence
in the legal system.
communication, education and the informal use of peer pressure to alter unprofessional conduct. This joint project of the bench and Bar seeks to improve the profession

Fulton Drug Court offers treatment at Hope Hall

Since April, counseling, treatment and supervision services for Fulton Drug Court defendants have been provided by the court's own treatment center, Hope Hall. Staff members include Program Director Carl V. Reeves, three substance abuse counselors (with more to come soon), security staff and administrative personnel.

The program's goal is to provide each drug offender assigned to Hope Hall with the following: basic tools that will assist in
overcoming the disease of drug addiction; a structured learning environment which includes intensive individual and group sessions;
See Hope Hall, page 7

and bolster public confidence in the legal system.
Plans are underway to create a Judicial District Professionalism Committee (JDPC) in each of the 10 judicial districts in the state. Each committee will consist of those members of the Board of Governors who reside in the district. The local member of the Board of Governors who has served the longest will act as chair. An advisor or advisors from the local judiciary will be selected to consult with the committee on professionalism questions involving the bench.
Since complaints regarding lack of professionalism may not rise to the level of violating Bar rules or the Judicial Canon of Ethics, local committees can provide a forum for complaints about questionable conduct to be heard. A confidential
See Professionalism Program, page 6
Inside
Judge Birdsong's portrait unveiled .................. 3 Child Placement Project receives grant ........ 3 Commission on Family Violence ....................... 4 Internet domestic violence project .................. 4 Court administrators meet ...................................... 5 Equality training video available .......................... 5 JQC opinion .......................................................................... 5 Fulton Court holds futures conference ......... 6 Attorney General's opinions ............................ 6 Court welcomes visitors .................................... 8

In Brief ...

Judicial personnel changes
Senior judges
The following superior court judges did not seek re-election in 1998 and will take senior status: Chief Judge Arthur W. Fudger, Tallapoosa Judicial Circuit Judge Kenneth Kilpatrick, Clayton Judicial Circuit Judge Bernard J. Mulherin Sr., Augusta Judicial Circuit Chief Judge Homer M. Stark, Gwinnett Judicial Circuit Chief Judge Robert B. Struble, Mountain Judicial Circuit Chief Judge Clarence R. Vaughn Jr., Rockdale Judicial Circuit Chief Judge Andrew J. Whalen Jr., Griffin Judicial Circuit (appointed senior judge on October 8, 1998)
The following state court judges have taken senior status: Judge J. Taylor Phillips of Bibb County was appointed senior judge on September 17, 1998. Judge Francis Houston of Pierce County was appointed senior judge on September 29, 1998.
Solicitor-general
Troy W. Marsh was appointed solicitor-general of the State Court of Screven County for the term September 18, 1998, through December 31, 1999.
1998 election results will be included in the next issue of the Georgia Courts Journal.
Equality Commission hosts program on Consortium of State Court Interpreters
The Commission on Equality hosted an informational program on the National Consortium for State Court Interpreters on October 6. The program was attended by 35 judges, court administrators, law clerks, attorneys, educators, interpreters, private interpreter staffing firms, and advocates for linguistic minorities. William E. Hewitt, senior research associate, National Center for State Courts, led the meeting. Presentations were made by Helen R. Boddy, coordinator of the Minnesota Court Interpreter Training and Certification Program, and Brian Lynch, court operations consultant, Florida Supreme Court Office of the State Courts Administrator, Court Interpreter Advisory Workgroup. Minnesota and Florida are member states of the Consortium. Mr. Hewitt and Ms. Boddy discussed the pros and cons of Consortium membership and various certification programs.
Improving training and developing qualifications for court interpreters were among the recommendations made in the final report of the Supreme Court Commission on Racial and Ethnic Bias. For more information, contact Chara Jackson, director of the Equality Commission, at 404-463-6478.

Constitutional amendments
DUI penalties pass Commission on Compensation fails
The November 3 election ballot included two amendments which may be of interest to members of the judiciary:
Amendment Three, which passed, provides additional penalties for offenses involving driving under the influence of alcohol or drugs, and the allocation of these funds to the Brain and Spinal Injury Trust Fund.
Amendment Five, which failed, would have established the Georgia Citizens Commission on Compensation of Public Officials. The commission would have set the compensation for appellate court judges, superior court judges, district attorneys and other state officers. (For the full text of the amendments, go to www.sos.state.ga.us/elections/info/1998info.htm.)
GCAC update: Second evidence presentation system installed in Chatham County
The October 1998 issue of the Georgia Courts Journal reported on the Georgia Court Automation Commission's installation of a high-tech evidence presentation system in the Stone Mountain Judicial Circuit Superior Court. Now GCAC has completed a second installation of the system in the Eastern Judicial Circuit (Chatham County Superior Court).
While the second installation has the same full functionality of the first, the two set ups do have some differences. In Chatham, only a drop-down screen, visible from anywhere in the courtroom, is used; Stone Mountain also has monitors at the counsel tables, in the jury box, and for the spectators. The second installation is also different in that the cost of the system was split equally between the commission and the circuit. For more information, contact Judge Hilton Fuller, GCAC's chairman, at 404-371-2211, or Donald Forbes, GCAC's program manager, at 404-657-4006.
Legislative Log tracks
court-related legislation
The Judicial Legislative Log will resume weekly publication beginning in January and continuing until the end of the 1999 session of the General Assembly in March. The Log provides up-to-date information on bills as they are introduced and also tracks their status in the legislative process.
To be added to the Log mailing list or for copies of bills, contact Billie Bolton, senior communications officer, at 404-656-6784.

Georgia Courts Journal

2

December 1998

Family, colleagues and friends recall Judge Birdsong at portrait unveiling

A handsome portrait of the late Judge AW. "Buck" Birdsong was unveiled in a special ceremony on October 19 in the Court of Appeals courtroom where he served from 1977 until 1998. The Birdsong family, the justices of the Supreme Court, the judges of the Court of Appeals and numerous colleagues from the bench and Bar were present.
After an invocation by Presiding Judge William LeRoy McMurray Jr., Chief Judge Gary B. Andrews welcomed those present and introduced special guests of honor. Eulogies were delivered by Judge J.D. Smith and retired Chief Judge John W. Sognier. Judge Birdsong's long-time friend Charles Hudson concluded with warm personal reminiscences.
The portrait artist, Jiaxian Hao, and Kay Birdsong Candler unveiled the portrait. It will hang in the Court of Appeals courtroom. t/c,

Judge Birdsong's daughter, Kay Birdsong Candler, and the portrait artist, Jiaxian Hao, unveiled the picture after a ceremony in the Court of Appeals courtroom.
The justices of the Supreme Court and the judges of the Court of Appeals were among the many distinguished guests who gathered to honor Judge Birdsong.

Child Placement Project receives grant for mediation

The Supreme Court Child Placement Project and the Department of Human Resources Office of Adoptions have been awarded a $525,000 grant from the U.S. Department of Health and Human Services. The funds will be used over the next three years to develop and implement the Georgia Permanency Mediation Pilot Project. The project's focus will be the use of mediation in handling the civil process of child abuse and neglect cases.
Juvenile courts in three counties will be involved, assessing child welfare cases and deciding which ones are appropriate for mediation. As the project progresses, evalua-

tions will be conducted, comparing cases handled by mediation and cases handled in the traditional courtroom setting, to see if mediation can provide better outcomes for children.
"It is an exciting opportunity to try some new models that lessen the adversarial nature of child deprivation proceedings," says Michelle Barclay, director of the Child Placement Project. "Many other states have had great success with mediation." Georgia's pilot project is based on a mediation program used in Santa Clara, California, which has produced greater stability and fewer disrup-

tions in placements, increased relative involvement, better outcomes, and financial savings.
Ansley Barton, director of the Georgia Commission on Dispute Resolution, is also working on implementation of the pilot program. A project director will be hired to work jointly with the Child Placement Project and the Commission on Dispute Resolution. Initially, the director will be located with the Child Placement Project. The DHR Office of Adoptions will provide fiscal services.
For more information about the pilot project, contact Ms. Barclay at 404-657-9219. t:c,

December 1998

3

Georgia Courts Journal

Commission on Family Violence annual
conference draws over 400 attendees

The Georgia Commission on Family Violence sponsored its fifth annual statewide conference on September 24 and 25 in Macon. The theme, "Putting the Pieces Together: A Coordinated Response to Domestic Violence in Georgia's Communities," focused on intervention techniques for local law enforcement and strategies for inter-agency cooperation. The more than 400 participants included members of the judiciary, law enforcement officers, shelter personnel, task force members, medical personnel, and the staff of victim witness programs, batterers programs and the Department of Family and Children Services.
The conference began with a two-part keynote address. Lt. Mark Wynn, a 19-year veteran of the Metro Nashville Police Department, told the group of his experiences growing up in a household torn by domestic violence. He addressed the myths and realities of domestic violence from his perspective as both a former victim of violence and a law enforcement officer. Dr. Sharon Ellis of the Chicago Police Department, also a survivor of domestic violence, discussed the roles of law enforcement and the clergy in prevention of domestic violence.
During the conference luncheon, Assistant Secretary of State Cathy
Lieutenant Mark Wynn

Cox delivered an address on the importance of voting and of yearround legislative advocacy.
Workshop sessions provided current information on stalking, media training, legislative advocacy, evidence collection, task force development, child protection in domestic violence cases, batterers' accountability, and public education. A special session for law enforcement officers who act as first

responders to domestic violence calls introduced model family violence guidelines. rfo
Dr. Sharon Ellis

Internet-Based Domestic Violence Project offers easier access to the courts

With the launch of the InternetBased Domestic Violence Project in three pilot counties, the fight against domestic violence has entered the technology fast lane. The project will determine whether offering on-line assistance can make the justice system more accessible for victims of domestic violence.
In the three pilot counties (Douglas, Cobb and Gwinnett), a shelter advocate first meets with and counsels the victim, and then helps her access the project's web site. After the client registers online and answers detailed questions about her situation, the web site creates a personalized Family Violence Act Petition, Ex Parte Order and Temporary Protective Order. These documents can then be printed and filed in superior court. The site also provides referral information and general legal information. The on-line service is completely confidential. Once the necessary documents have been

printed and the client has exited the program and left the web site, all identifying information is deleted.
The web site's legal information and pleadings were taken from the Georgia Legal Services Program Family Violence Temporary Protective Order Self-Help Manual, which is used to train shelter workers and lay advocates. The programming expertise and funding for the project were provided by the Fund for the City of New York. The project has also been approved for implementation in Haralson, Paulding and Polk counties.
Anyone can view the site at www.fcny.org/dv and comments are welcomed. At this time only the pilot counties can actually use the program to print out completed forms. For more information about the project, contact Vicky Kimbrell, Georgia Legal Services Program, at 404-206-5346 or VICKY@GLSP.org. rfo

Georgia Courts Journal

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December 1998

Council of Court Administrators fall meeting
Gwinnett Circuit receives award for court administration

Training video fosters bias-free behavior

The Georgia Council of Court Administrators held its annual fall meeting from October 26 to 28 in Savannah. The program, "What Every Court Manager Should Know," drew more than 40 court administrators from across the state.
Awards for court administration
During the meeting, the council presented the Court Program of the Year Award, recognizing the program which has most furthered the cause of court administration in Georgia. The 1998 award went to the Gwinnett Judicial Circuit Superior Court's Electronic Warrant Interchange Program. This demonstration project allows police officers to obtain warrants without leaving the precinct. The system uses PC video-conferencing, electronic data interchange, and electronic signature technology. (See the Georgia Courts Journal, Vol. 25, No. 4, for more information.) A second award went to the Non-Court Manager of the Year, Lawrence Allen Camp. Mr. Camp is the Gwinnett superior court's information technology manager, and was recognized for his work on the electronic warrant system.
"What Every Court Manager Should Know"
Educational sessions introduced the "Core Competency Curriculum Guidelines" for court managers. These guidelines, developed by the National Association for Court Management, outline 10 subjects areas which are essential for court managers. Conference sessions focussed on two of these areas: resources, budget and finance fundamentals; and caseflow management.

"Let Justice Be Done," a 40-minute

Geoff Callas, budget administra-

training video created by the

tor for the First Judicial District of

Supreme Court Commission

Pennsylvania, presented the finance on Equality,

and budget material. George Gish, clerk/court administrator for the Detroit Recorder's Court in Michigan, led the discussion of caseflow management. John K. Hudzik, professor of criminal justice and dean of International Programs

features scenarios in which actors display gender, racial or ethnic bias. The profes-

Let Justice

Be Done

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A Video Teaching Guide

at Michigan State University,

sionally pro-

guided a third session on self-

duced video,

assessment and recommendations

in conjunction with a study guide,

for future conferences.

has been used by the Institute for

Continuing Judicial Education, the

Chief Justice's Commission on

Professionalism and other groups

to foster discussion and help train

judicial personnel in bias-free

behavior.

The video and guide are avail-

able from the commission for

On behalf of the Gwinnett Judicial Circuit, Brenda Avera (right) accepts the award for court administration from Kay Faircloth.

$30. A limited number of loaner copies are also available. For more information, contact Chara Jackson at 404-463-6478. tc,

New officers

Council members also elected officers for 1999:

Judicial Qualifications

President: David L. Ratley, District Court Administrator, Third Judicial Administrative District
President-elect: Richard F. Jugar, District Court Administrator, Fourth Judicial Administrative District
Vice-President: Kay Faircloth, Court Administrator and Mediation Coordinator, Eighth Judicial Administrative District
Secretary: Lillian Miller, Chief Probation Officer and Department Head, Juvenile Court of Whitfield County
Treasurer: Jody Overcash, Judicial Program Coordinator, Cobb

Commission
'
Opinion No. 231 Although the current Code of Judicial Conduct contains no absolute prohibition against private meetings between trial judges and jurors, existing case law strongly discourages such meetings and the Commission concludes that the far better practice is for all communications between judges and juries to occur in open court.
A copy of the complete opinion can be obtained from the Judicial Qualifications Commission (770-587-5208 or www.state.ga.us/Courts/Supreme/
jqc. htm). to

Judicial Circuit Superior Court tc,

December 1998

5

Georgia Courts Journal

Fulton County conference examines future of court system

The Atlanta Judicial Circuit Superior Court held a one-day conference on October 9 to develop strategies for its future. Chief Judge Thelma Wyatt Cummings Moore's office planned and staffed the event on behalf of the court, along with Court Administrator Judy Cramer and the Fulton County Office of Public Information. Two hundred and fifty judges, lawyers, public servants and citizens from Fulton County and around the state attended.
The conference identified issues affecting the court's operation and devised ways to improve future proceedings. Judge Roger K. Warren, president of the National Center for State Courts, was the keynote speaker. Dr. Frank Gavin, director,

and Dr. Mary Ann Massey, senior educator, with the Institute for Court Management identified issues for discussion in team sessions. Topics included: court performance, fairness and access to justice, improving public trust and confidence, multicultural issues, criminal justice, juvenile justice, alternative dispute resolution, therapeutic courts, information technology and courtrooms for the 21st century.
The team sessions generated outcomes and strategies as a foundation for future efforts. A follow-up session is planned. For more information, contact Chief Judge Moore at 404-730-4305 or Angel Wheeler at 404-730-4039. C:C,

Professionalism Program continued from page 1

intake form has been created for use in initiating complaints. Upon receiving a complaint the chair may call a meeting of the committee or form a subcommittee of Board of Governors members to investigate and intervene. For problems beyond the scope of the committee's charge, referral to other State Barsponsored assistance programs will be made. The committees do not handle attorney/client problems; these are referred to the Consumer Assistance Program.
Types of Complaints
Complaints about the following types of unprofessional conduct will be considered:
Harassing conduct
Lack of respect or deference to the court
Abusive discovery practices

Incivility
Communication problems
Deficient practice skills
Courtroom bias or conduct unbecoming a judge
Failure of judge to adhere to uniform rules of court
Other similar problems
The Bench and Bar Committee is currently drafting rules to govern operation of the local committees. These rules must be approved by the Board of Governors and by the Supreme Court of Georgia. Chief Justice Robert Benham has expressed his support of the idea. Judge Frank Eldridge of the Court of Appeals has been involved in the planning process. For more information on the district professionalism program, readers may contact the State Bar. tc,

Georgia Courts Journal

6

AG's opinions
Official Opinions
Georgia Bureau of Investigation; records. The criminal investigation records of the Georgia Bureau of Investigation are also part of the prosecutorial file and, therefore, any discovery requests involving those records should be coordinated with the prosecuting attorney who should be the primary source for determining the response. (8/11/98 No. 98-15)
Employees, State; training expenses. Unless the General Assembly otherwise provides, state agencies should presumptively consider college courses as being beyond the scope of the ordinary training agencies may provide employees in state government, but, in certain narrow circumstances, agencies may train employees in college courses which provide job-specific instruction. (9/11/98 No. 98-16)
Unofficial Opinions
Local governments; consolidation. Cities that are located in more than one county may be consolidated with a county government. However, in the absence of a change in county lines or some additional general legislation to provide for consolidating governments of a city and more than one county, the city would have to give up some of its territory. (8/11/98 No. U98-10)
Criminal arrest record; expungement of. The City of Atlanta Solicitor's office does not have the authority under OCGA 35-3-37(d) to approve the expungement by an original agency of a criminal arrest record involving a felony or misdemeanor state offense which is dismissed in municipal court and for which no indictment or accusation has been drawn. (9/4/98 No. U98-11)
Judicial employees, State; court supplement to. The governing authority of a county may supplement the salary of a state judicial employee without separate local legislation. Further, a state employee may not contract with a county to perform services during the same forty-hour work week. (9/11/98 No. U98-12)
Complete copies of these opinions are available from the AOC (404-656-5171).
December 1998

Hope Hall Drug Treatment Center continued from page 1

detailed information concerning financial, health and basic living skills;
meaningful job assistance and placement;
assistance in becoming a respectful, self-supporting, law-abiding, and tax-paying citizen.
Treatment program Hope Hall clients work to meet
the program goals through an intensive 12- to 18-month out-patient therapy program divided into phases. After the drug court places a client at the center, the client initially spends two months attending sessions from 8:30 A.M. to 4:20 P.M., five days per week. Total commitment is required. This intensive immersion allows clients to concentrate on "working on themselves," Mr. Reeves says. In these first two months, clients begin to develop more positive ways of thinking, change destructive habits, adapt to the center's routine, and develop a treatment strategy. Each day begins with a discussion of spirituality and community. Other sessions deal with topics such as anger management, health awareness, relapse prevention, budgeting and leisure alternatives. Clients also attend Alcoholics Anonymous and Narcotics Anonymous meetings at the center. Three days each week, clients can prepare themselves to take the GED. Meals are provided.
Drug tests are administered three times weekly and sometimes at random. Illegal drug use, as well as other infractions such as unexcused absences and tardiness, are met with sanctions from the center and the court. Clients must also pay for treatment-$375 for the year.
During phase two, clients move to the evening program, attending sessions five days per week from 6 to 9 P.M. for two months. Evening

sessions include some of the same topics as the daytime sessions and also add coping skills, parenting, family issues, staying clean, and job skills. Clients in the evening sessions are required to have employment. Recently the center received a federal grant to assist with job placement. The center turned the funds over to Workforce Development, a Fulton County agency that specializes in finding meaningful employment for the homeless and recovering addicts.
In phases three, four and five, clients continue to attend evening sessions on a decreasing number of nights, until graduation.
Since opening, the facility has had two graduation ceremonies, involving a total of 27 clients. Alumni are invited to return at any time to reinforce what they have learned, and to share their stories with new clients. This also helps the center track its success rate, Mr. Reeves says. Currently 134 clients are assigned to the facility, with 60 in active treatment and others in various stages of review.
Mr. Reeves is a retired federal probation officer for the Northern District of Georgia. He says he spent many years putting clients into drug treatment programs and developed Hope Hall's therapy strategy based on his experiences. The Hope Hall program is successful in helping addicts, he believes, due to its combination of "teaching and counseling." The program also benefits the county, because a successful treatment option is much cheaper than repeatedly jailing an addict. Treatment can break the cycle for non-violent offenders, he says, and everyone benefits.
Hope Hall facility Originally, the drug court re-
ferred its clients to five service

providers under contract to the county. It soon became clear that this practice would be too expensive in the long run. Judy Cramer, administrator of Fulton County's superior court, suggested that the court buy its own building and develop a treatment program.
The center is located in a onestory building on Whitehall Street in downtown Atlanta. Hope Hall features a large meeting room, smaller rooms for group counseling sessions, offices, and a kitchen where the clients prepare their own meals.
Mr. Reeves accomplished the refurbishing of the vacant building with very limited funds. County probationers painted the walls, using paint donated by the county. The Coca-Cola Company donated furniture. A judge loaned his VCR. Many volunteers helped (and continue to do so), donating equipment, food, MARTA tokens, books, and clothing for clients recently released from jail.
Funding and future plans Funding for Hope Hall originally
came from the Fulton County Drug Court grant. Because the program has shown that it can succeed, the facility has applied for 1999 funding from Fulton County. With additional funds, the center plans to move into a larger facility, which will allow it to provide for the ever-growing number of clients. The new space, with over 16,000 square feet, is on the second floor of the old Fulton County jail. It will feature a much larger meeting room, a kitchen, dining room, therapy rooms, computer training room, and more. Mr. Reeves reports that they hope to be moved in by the end of 1999.
For more information about Hope Hall, call Carl V. Reeves at 404-730-8789. c:c.

December 1998

7

Georgia Courts Journal

Supreme Court welcomes international visitors
Chief Justice Robert Benham (center) is pictured with visiting judges from Madrid, Spain. Judge Angeles Huet de Sande (left) and Judge Jacobo Lopez Barja de Quiroga visited the Supreme Court on October 6. The judges also were guests of Judge John Girardeau of the Northeastern Judicial Circuit. Their visit to Georgia was sponsored by the Georgia Center for International Visitors.
Superior court clerks meet with ChiefJustice Benham
Superior court clerks from counties across Georgia met recently in Atlanta with Chief Justice Robert Benham to discuss budget matters.
Pictured from left to right are: Tom Lawler, Gwinnett County; Linda Hays, Newton County; Jean Rogers, Crisp County; Chief Justice Benham; Dan Jordan, Jasper County; Tish Johnson, Bartow County; Bryan Owensby, Heard County; and Buddy Rogers, Treutlen County.

Georgia Courts JOURNAL
Vol. 26 No. 2
Georgia Judicial Council
Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher,
Vice Chair Chief Judge Gary B. Andrews
Judge Joe C. Bishop Judge William T. Boyett Judge Robert J. Castellani
Judge Howard Cook Judge Richard S. Gault Judge John E. Girardeau Judge Helen W. Harper Judge Joseph Iannazzone Judge Edward H. Johnson
Judge Cliff L. Jolliff Judge William F. Lee Jr. Judge H. Arthur McLane Judge Walter C. McMillan Jr. Judge T. Penn McWhorter Judge Charles B. Mikell Jr. Judge Thelma Wyatt Cummings Moore Judge Johnny R. Parker Judge Donny Peppers Sr. Judge T.0. Sturdivant III
Judge A.J. Welch Jr. Senior Judge E. Mullins Whisnant
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

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