Georgia courts journal, Vol. 26, no. 5 (June 1999)

Vol. 26 No. 5 June 1999

Courts JOURNAL

General Assembly 1999:
Circuits to get drug prosecutors; Court of Appeals will expand

District attorneys will hire additional personnel to prosecute violators of the Georgia Controlled Substances Act under the provisions of legislation passed by the 1999 General Assembly. The bill, effective July 1, 1999, authorizes the district attorney in each circuit to hire one additional assistant district attorney.
The legislature provided a portion of the funding for new positions in the FY 2000 General Appropriations Act. SB 1 specifies that the Judicial Council will determine those circuits to receive funding for the additional prosecutors during the new fiscal year. A three-year phase-in based on available funds is anticipated.
Appellate judges and circuit judges Judges will soon be appointed by Governor Barnes to fill
two new seats on the Court of Appeals. With the passage of Senate Bill 59, the court is authorized to have 12 members, rather than 10. This legislation is the culmination of efforts made by the judicial branch to bring relief to the heavy caseload of judges on the court. The Court of Appeals will now have four panels of three judges each to hear arguments and decide cases. The newly appointed judges will run for election in the General Election of 2000.
The Superior Court benches of the Southwestern Judicial Circuit (HB 292) and the Northeastern Judicial Circuit (HB 397) will also be expanding. In the Northeastern Circuit (Hall and Dawson counties) the governor will appoint a fourth superior court judge for an initial term beginning July 1, 1999, and ending December 31, 2000. The third superior court judge in the Southwestern Circuit (Lee, Macon, Schley, Stewart, Sumter and Webster counties) will also be appointed by the governor to take office on January l, 2000. With the appointment of these judges, the number of superior court judges in the state will total 177.
Jurisdiction increase for magistrate courts The monetary limit on civil claims prosecuted in magis-
trate courts around the state will increase from $5,000 to $15,000 when the new fiscal year begins on July 1, 1999. Magistrate court judges anticipate the new limit authorized

by SB 82 will add to their caseloads. Magistrate courts operate in every county, with almost 800,000 total warrants and cases filed in FY 1998. Of this number, over 144,000 cases involved civil claims.
Legislative Log/Session Final Turn to page 12 for a complete listing of court-related
measures passed by the General Assembly. The session final edition of the Legislative Log groups bills by subject area and includes the governor's veto messages and selected local legislation. The effective date, the date signed by the governor, and the act number assigned are listed for each bill. to
. Entries for House and Senate Bills and local legislation were pre. pared by Billie Bolton, AOC senior communications officer, with the assistance of Michael Levy of Georgia State University.
* * Special Legislative Edition
Inside: Judicial Nominating Commission named .................................................. 3 Judge Martha Glaze to retire ...................................................................................................... 4 Georgians attend meeting on Public Trust and Confidence ........................... 4 Cheryl Custer to head Judicial Qualifications Commission .............................. 5 Technology Talk: Probate court forms now on line ................................................. 6 Gwinnett's video warrant system, year two .................................................................. 7 Ten years later: Commission on Gender Bias ............................................................... 9 Juvenile court records retention schedules ............................................................... 20
Bill Summaries: General Bills ........................................................................................... 12 Criminal Law and Procedure ................................................................................................... 14 Traffic Law ............................................................................................................................................... 15 Appellate Courts ................................................................................................................................ 15 Superior Courts .................................................................................................................................. 15 Superior Court Clerks ...................................................................................................................... 16 State Courts ............................................................................................................................................ 16 Juvenile Courts .................................................................................................................................... 17 Probate Courts .................................................................................................................................... 17 Magistrate Courts ............................................................................................................................. 17 Municipal Courts ............................................................................................................................... 18 Veto Messages .................................................................................................................................... 18 Local Measures ................................................................................................................................... 18

In Brief ...

Judicial appointments Judge Sanford J. Jones became chief judge of the Juvenile Court of Fulton County on May 1. He succeeds Chief Judge Glenda A. Hatchett. Judge Jones has served seven years on the juvenile court bench. Prior to the that time, he was court administrator of the Fulton Superior Court. Judge Nina Hickson was appointed by Fulton County's superior court judges to fill the vacancy left by Judge Hatchett's resignation. She took the oath of office on May 10. Judge Hickson most recently served as associate general counsel for Primerica Financial Services in Duluth, Georgia. She is also a former assistant U.S. Attorney.
Judge Donald L. Hollowell was appointed judge pro hac vice of the State Court of Fulton County on May 4. Judge Hollowell served as legal counsel to leaders in the civil rights movement in the 1960s, including the Rev. Dr. Martin Luther King Jr. and Charlene Hunter-Gault and Hamilton Holmes, the first black students to attend the University of Georgia.
Resignations Chief Judge John R. Harvey of the Atlantic Judicial Circuit Superior Courts took senior status on May 31. (He had submitted his resignation effective March 31, but remained in office at the request of the governor.) Judge Harvey is a graduate of the University of Georgia Law School. He was admitted to the Bar in 1965 and practiced law in Pembroke, Georgia. In 1967, he was appointed solicitor of the State Court of Bryan County. In 1974, Gov. Jimmy Carter appointed him to the superior court bench. He has run unopposed and been re-elected in each election since then.
Chief Judge Martha K. Glaze of the Juvenile Court of Clayton County will take senior status on June 30. (See page 4.)
Chief Judge George H. Bryant has announced his resignation from the Northern Judicial Circuit Superior Courts effective August 1. Judge Bryant has served as a superior court judge since being elected to the bench in 1981. He ran unopposed and was re-elected in the four subsequent elections. Judge Bryant is a graduate of Woodrow Wilson College of Law. He plans to take senior status.

Probate judges honored The Council of Probate Court Judges named Judge Henry Baker of Newton County as Probate Court Judge of the Year at its annual meeting in May. Judge Johnny Parker, outgoing president of the council, received a Special Recognition award.
Fees raised for indigent defense work The Supreme Court has approved a modification to Section 2.6 of the Georgia Indigent Defense Council's "Guidelines for the Operation of Local Indigent Defense Programs." The fees paid to lawyers representing criminally accused indigents increase to a minimum of $60 /hour for in-court work and $45 /hour for out-of-court work. The Supreme Court's order also addresses maximum fees for court-appointed attorneys. If a county chooses to set maximum limits, they must be no less than $1,000 for misdemeanors, $2500 for non-capital felonies, and $5,000 for non-death penalty capital felonies. No maximum fee may be set for death penalty cases. These changes became effective on March 4.
Ninth District Court Administrator relocates The office of George B. Collins III, district court administrator for the Ninth Judicial Administrative District, has moved. The new mailing address is: P.O. Box 1238, Buford, GA 30515-8238. Phone: (770) 932-4789; fax: (770) 932-4791.
Improving response to jury summonses What distinguishes those citizens who ignore their jury summonses from those who respond? What can courts do to address the needs and beliefs that cause some citizens to ignore their summonses? A publication from the American Judicature Society addresses these questions and the effectiveness of policies designed to increase juror yield. It identifies reasons for nonresponse and recommends steps that courts can take to increase response rates. The information is based on a nationwide survey of court administrators and a survey of jury summons respondents and non-respondents. To order, send a $25 check payable to the American Judicature Society (add $5 for postage and handling) to AJS Publications Orders, 160 N. Michigan Ave., Suite 600, Chicago, IL 60601 or call (312) 5586900, ext. 147, or fax to (312) 558-9175.

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June 1999

Governor appoints Judicial Nominating Commission chaired by Buddy Darden

Gov. Roy Barnes administered the oath of office to the members of the newly formed Judicial Nominating Commission on May 6 at the State Capitol. The original Judicial Nominating Commission was created by Gov. Jimmy Carter in 1972. Since then, every governor has appointed a similar commission to assist in the appointment of judges.
The governor named George (Buddy) Darden III to chair the group. Mr. Darden is a partner with the law firm of Long, Aldridge & Norman. Prior to joining the firm in 1995, he represented Georgia's Seventh Congressional District in the U.S. House of Representatives for six terms. During his tenure in Congress, he served first as a member of the Armed Services Committee and Interior and Insular Affairs Committee; he subsequently served as a member of the House Appropriations Committee and two of its subcommitteesDefense and Treasury. Before his election to Congress, Mr. Darden was a member of the Georgia General Assembly, and he also served as District Attorney of the Cobb Judicial Circuit.

The current Judicial Nominating Commission was created by executive order of Gov. Roy Barnes on April 19. The. commission seeks nominations for judicial candidates from civic leaders, the legal community and the general public. Applicants are evaluated based on a standard questionnaire and a legal writing sample.
The commission also interviews every candidate. Applicants for statewide judgeships are interviewed by the full commission when possible. Applicants for other judgeships meet with panels comprised of four or five members of the commission, supplemented by members of the local community. The names of up to five candidates are then forwarded to the governor for final interviews.
The 18 commission members are all appointed by the governor and serve at his discretion. The governor's order mandates that 15 members must belong to the State Bar of Georgia. Three must be nonlawyer members of the public.
According to Mr. Darden, the commission's first task is to fill the newly created seats on the Court of Appeals of Georgia. ~

Gov. Barnes administers the oath of office to Judicial Nominating Commission Chairperson Buddy Darden (center) and Secretary of State Thurbert Baker (right), commission member.

Members:
George (Buddy) Darden, chair Attorney Long, Aldridge & Norman Atlanta
Susan Warner Cox, vice-chair Attorney Edenfield & Cox Statesboro
Thomas G. Sampson, vice-chair Attorney Thomas, Kennedy, Sampson & Peterson Atlanta
Thurbert Baker, Attorney General Atlanta
Joyce E. Bostic, Adjunct Professor Clark Atlanta University Atlanta
Robert Eugene Bourne, Attorney Cumming
Charles W. Byrd, Attorney Walker, Hulbert, Gray & Byrd Perry
Kenneth S. Canfield, Attorney Doffermyre Shields Canfield Knowles & Devine Atlanta
Richard T. de Mayo, Attorney Wallace & de Mayo Norcross
Carol V. Donaldson, Director The Sunshine House Swainsboro
Robert E. Flournoy III, Attorney Marietta
G. Sanders Griffith III, Attorney Synovus Financial Corp Columbus
Phyllis J. Holmen, Attorney Georgia Legal Services Atlanta
Herbert H. Mabry, President Georgia AFL-CIO Atlanta
Keenan R.S. Nix, Attorney Nix, Commander & Delcampo Decatur
Teresa W. Roseborough, Attorney Sutherland, Asbill & Brennan Atlanta
Judge Steven E. Scheer Jr. Municipal Court of Tybee Island Savannah
William Sims Stone, Attorney Blakely

June 1999

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Georgia Courts Journal

Judge Martha Glaze retires from juvenile court after 22 years

Presiding Judge Martha K. Glaze

one of the first to establish a Per-

of the Juvenile Court of Clayton

manent Homes for Children citizen

County has announced her deci-

review panel. In 1993, she worked

sion to retire at the end of June.

with the Department of Family and

Judge Glaze was appointed to the

Children Services and the Coopera-

bench in 1977. As the county's first

tive Extension Service to establish a

juvenile court judge, she was inno- comprehensive parenting educa-

vative and became well-known

tion program for the parents of

and respected throughout Georgia

children already in foster care or

and the nation.

those in danger of being removed

"I've been extremely fortunate to from their homes.

serve on the juvenile court because

Judge Glaze credits her staff for

I think that's one area where you

helping to attain her vision.

have an opportunity to make a dif- "They've been wonderful to work

ference in

with," she

. the life of a child or a family,"

i/Because Martha Glaze came to the bench in Clayton County,

says. "When they hear about anew

Judge Glaze says. "I've found that

the lives of children have been immeasurably improved."

project, everyone says, 'Let's

to be very

try it!' We

satisfying. I've always enjoyed the

don't have a lot of nay-sayers."

interaction with the kids and their

In 1981 and 1982, Judge Glaze

families. Some of it has been really

was president of the Council of

tragic and heart-breaking, some of

Juvenile Court Judges. She chaired

it has been depressing, some of it

the council's Uniform Rules Com-

has been encouraging."

mittee in 1985, and has chaired

In 1997, Judge Glaze received the numerous other committees. She

National Council of Juvenile and

served on the Governor's Advisory

Family Court Judges' Award for

Committee on Juvenile Justice and

Meritous Service to the Juvenile

Delinquency Prevention and as an

and Family Courts of America.

advisory member to the Depart-

Juvenile Court Judge K. Van Banke ment of Children and Youth Ser-

and Associate Judge Tracy G.

vices. She has been an active mem-

Gladden wrote in their letter of

ber of the National Council of

nomination that "Judge Glaze

Juvenile and Family Court Judges.

guided the court with unparalleled

Judge Glaze plans to take senior

dignity and decisiveness for

status and stay active in the area of

the last 20 years.... Because

juvenile and family law. "As far as

Martha Glaze came to the bench

other activities," she says "I want

in Clayton County, the lives of

to catch up on a lot of reading."

children have been immeasurably

She also has two young grand-

improved."

children and wants to spend more

Judge Glaze introduced a juve-

time with them.

nile mediation project, a truancy-

"I'm looking forward to it, but I

intervention program, and a

have some mixed feelings." Judge

program requiring monetary resti-

Glaze says. "I know that I'll miss

tution by juveniles. Her court was

the people here in the court." to

Georgians attend Conference on Public Trust and Confidence in
the Courts
George Lange III, director of the Administrative Office of the Courts; William Cannon, president of the State Bar of Georgia; and Carla Young, an attorney with the Federal Bureau of Alcohol, Tobacco and Firearms, represented the Georgia courts at a National Conference on Public Trust and Confidern:e in the Justice System on May 13-15. The Washington, D. C. conference was sponsored by the Conference of Chief Justices, the Conference of State Court Administrators, the American Bar Association, the League of Women Voters and the National Center for State Courts.
Teams from each of the 50 states gathered to identify issues that might affect citizen trust and confidence in the courts. The conference will produce a "national action plan" to recommend strategies that states can use to address public concerns about the courts. Chief Justice of the United States William Rhenquist delivered the keynote address. A recently completed national survey on public perceptions of the justice system was presented.
Chief Justice Robert Benham will appoint a Georgia Commission on Public Trust and Confidence to recommend improvement strategies for the Georgia court system. Commission members will be chosen from the business community, media and the courts. The Chief Justice anticipates the work of the commission will be ongoing for the next 18 months. For more information, contact Billie Bolton at the
AOC (404-656-6784). to

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June 1999

Cheryl Fisher Custer chosen to head Judicial Qualifications Commission

Cheryl Fisher Custer, who served two terms as district attorney of the Rockdale Judicial Circuit, has been named executive director of the state Judicial Qualifications Commission. She will begin her new job on July 1, succeeding Earle B. May Jr., who is retiring.
"I'm really looking forward to working with all the members on the commission," she says. "It's a wonderful group of people who volunteer and give their time to do this. Mr. May's done a really good job of running the commission for these seven years. I just want to follow in his footsteps, and I look forward to doing that."
Ms. Custer received her law degree in 1986 from the University of Georgia and holds a bachelor's degree from Emory University. She was appointed district attorney by Gov. Zell Miller in 1991, and re-elected in the two following elections. She has also served as solicitor-general.
Ms. Custer has been involved with numerous court-related and civic organizations, including the Georgia Supreme Court Commission on Equality, Georgians for Victims Justice, the Younger Lawyers Section of the State Bar, the Georgia and National District Attorneys Associations, the United Way Board of Metro Atlanta, and the Junior League of Atlanta. She is a past-president of the Rockdale County Bar Association.
Because of her extensive trial experience, she feels the position is a "natural fit" for her talents. The commission members were seeking someone with a real understanding of what happens in the courtroom, Ms. Custer says. She believes she can ably advise the commission in

this area, having practiced before judges from _the municipal courts to the Supreme Court.
Cheryl Fisher Custer In her role as commission director, she will also speak to judges and lawyers about judicial ethics

and related matters. Ms. Custer says she is looking forward to this aspect of her new position.
"The commission is delighted to have Cheryl Custer as our new executive director," says Jerry Blackstock, chair of the commission. "She brings excellent credentials and unquestionable integrity to this important position."
The seven-member Judicial Qualifications Commission responds to inquiries from judges regarding appropriate conduct and investigates complaints involving allegations of judicial misconduct. Members of the commission include two judges of courts of record appointed by the Supreme Court, three attorneys named by the Board of Governors of the State Bar of Georgia and two citizens selected by the governor. Its powers derive from the Georgia Constitution. The director is selected by the commission and serves at the pleasure of the commission. C:C.

Five Georgians become Fellows of the Institute for Court Management
Georgia court officials are among the recent graduates of the prestigious Court Executive Development Program, becoming Fellows of the Institute for Court Management. Graduation ceremonies took place on May 7 in Williamsburg, Virginia, headquarters of the National Center for State Courts. The five court executives are:
Brenda B. Avera, Deputy Director, Trial Services, Gwinnett County Administrative Office of the Courts Angela Tyler Davis, Court Administrator, Cobb County Magistrate Court
Diane Brendle Graham, Chief Deputy Clerk, State Court of Cobb County
Jack Hagood, Chief Deputy Clerk, State Court of Fulton County
William H. Johnsa, Court Administrator, Northeastern Judicial Circuit C:C.

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Georgia Courts Journal

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

Web site puts probate court forms online

The Probate Court of Fulton County is pilot-testing a new software application that makes standardized probate court forms available online via the Internet. The simple-to-use web site at www.gaprobate.org guides users through the steps required to download and print blank forms, or prepare forms online.
Sponsored by the Georgia Courts Automation Commission (GCAC), the probate court Internet project was begun in January 1998. The development team was led by Dr. Leo Mark, an associate professor at Georgia Tech's College of Computing, Lisa Sills, a Georgia Tech Research Institute (GTRI) senior research scientist, and Judge Floyd E. Propst of the Fulton County Probate Court. Judge Propst and other Fulton County personnel provided direction, clarification, data, and standardized templates of probate court forms.
Students in Dr. Mark's Senior Design course developed the Internet application, donating their time and earning course credit. Three groups of students-42 in all-logged over 9,000 hours of work. According to Judge Propst and Dr. Mark, it was a "win-win" situation for the students and the courts. The students gained realworld software design experience, and the probate courts gained the use of the students at virtually no cost to the state or counties. "It was a nice opportunity to give a little bit back to the state," Dr. Mark says. The technology involved is "quite advanced," according to Ms. Sills and Dr. Mark, who say they have

never seen students work so hard. Of Judge Propst's contribution to the project, br. Mark says, "He has been absolutely unbelievable. He has vision, he pushed very hard to follow up on his ideas ... without him the project would certainly not have been successful."
Judge Propst notes that GCAC's backing was vital. "Judge Hilton Fuller [GCAC's chairperson] was very supportive of this project," Judge Propst says, "and we appreciate his leadership."
The application assembles the form, placing the data where needed....
The user can preview the form and edit it.... When the document is complete, the user saves it, storing the data on a state server.
The system has two interfaces, one for the general public and one for court clerks. Members of the public can go to the web site and click on the "Probate Court Guide" to learn about legal requirements for completing and filing forms, the language used, how the forms may be reproduced, etc. Another button allows the user to download blank forms, choosing from a pull-down menu of the 55 standardized forms available.
To take advantage of the documentassembly feature, the user clicks on "Prepare forms online" and chooses the form required. Blank fields appear which the user fills in with

information such as the decedent's name and relevant dates. Information appearing more than one time on a form need only be entered once. The application then assembles the form, placing the data where needed as many times as needed. The user can preview the form and edit it. Online help is available if necessary. When the document is complete, the user saves it, storing the data on a state server.
The user then receives a reference number which he or she must take to the courthouse. The probate court clerk there logs on to the clerk's interface, retrieves the assembled document, makes any necessary corrections or changes, collects any fees, and officially files the document online. The availability of forms and assistance in preparing them should save attorneys and members of the public many trips to the courthouse. Clerks using the system will be saved the task of typing the information themselves.
Fulton County Probate Court is the initial test site, but it is expected that probate courts in other counties will begin to take advantage of the clerk's interface by fall. The requirements are simple. "For any probate court in Georgia, all they have to do is get the hardware and software to access the Internet, and they can use this system and have the same benefit that we get in Fulton County," Judge Propst says. "Really, it's generic." To be able to access the clerks' interface and retrieve stored documents, counties must provide information about
Continued next page

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

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June 1999

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

Probate courts forms available online continued

their authorized users and receive passwords from GCAC's system administrator. (As a security measure, only authorized users can make changes to a form once it has been saved.) Even in counties where the clerk's component isn't used, anyone with access to the Internet can assemble documents and print forms.
Plans are underway to make the information on the probate court server available to Fulton County as a data file, another way in which the system will save the court a great deal of time and effort. At present, a clerk first meets with a customer and types information on a form. Later that data is handentered into a computerized casemanagement system. The software being developed would automatically retrieve the relevant data from the probate court server and transfer it to a file usable by the court's computer system, updating the system at regular, frequent intervals. The data-extraction feature will also be available to other counties, upon request. "Once we do this last step of putting the data out in an ASCII format," Judge Propst says, "then all each county has to do is write a program to make it compatible with their county's data system."
Judge Propst cited another of the system's benefits-document distribution. When a standardized form is updated or changed, courts and attorneys can simply download the new form. It will be instantly available on the Internet; users won't have to wait for it to be mailed around the state.
The web page also provides a directory of the state's probate

courts and specific information on 70 counties, including directions to the courthouses, hours of operation, judge~' biographies, related county web sites, etc.
The system is currently maintained by GTRI and will continue to grow, adding new features and forms as requested. Eventually the information it contains will be available in a searchable database where, for instance, the user could enter the name of the decedent and

find out in which county the estate was probated.
Judge Propst and Dr. Mark believe Georgia's probate court Internet application to be the most advanced in the country. Inquiries from other counties and states are pouring in. Mailings and presentations will help Georgia's probate court judges learn about the new system, Judge Propst says. "What we want to do is keep bringing more and more people on
board."~

Year Two:
Gwinnett County's video warrant system

Gwinnett county's video warrant system is proving to be an efficient, effective technological innovation, according to judges and court personnel. This system, introduced in February 1998, allows warrants to be issued through computerized video-conferencing and the electronic transmission of signatures. (For more information, see the March 1998 issue of the Courts Journal.)
Reaction to the system has been positive. Magistrate Court Judge Joseph Iannazzone reports that approximately 5 to 10% of all arrest warrants are now processed electronically. A sharp increase in usage over the past six months has occurred as the system was installed in precincts throughout the county. Judge Iannazzone expects continued growth as more law enforcement officers become accustomed to the system. While police officers are not required to process

their warrants electronically, many now prefer the convenience.
Initially, the system handled only cases having one charge, one defendant and one victim. However, as interest grew, the system was expanded to allow processing of multiple charges with different defendants and different victims.
Interest in the video warrant system has come from both the state and nation over the last year. Judge Iannazzone and Arthur V. O'Neill, court administrator, will present the electronic warrant system at the "Knowledge Fair" held by the National Association of Court Managers in San Jose, California, this July. According to Judge Iannazzone, the electronic warrant system is a positive application of technology to the judicial process. He says, however, that computers can never replace the judge's analysis that remains central to the warrant process. ~

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

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Georgia Courts Journal

... Technology Talk . ..
News from the World Wide Web
The Research Division of the Administrative Office of the Courts has compiled a short list of web sites which may be of interest to our readers. This will be a periodic feature in the Courts Journal.
Cobb County Magistrate Court: www.mindspring.com-magcourt/ Court programs, procedures and forms; biographies of judges; court statisitics, etc.
Cobb County Superior Court: www .mindspring.com/-cobblite/ Descriptions of court programs, biographies of judges, juror information, etc.
Thomas County Superior Court: home.rose.net/-thosct/ Court calendar and schedule, biographies of judges, juror information, law-related links, etc.
Florida Court System: www.flcourts.org Court opinions, court rules, Bar exam results, biographies of judges, links to court administrative agencies and legal research sites, etc.
National Center for State Courts: www.ncsc.dni.us Contains current news, technology information, NCSC publications, NCSC projects, links to affiliated organizations and other lawrelated sites, research links, court
statistics, etc. tc.
... Technology Talk . ..
Georgia Courts Journal

National Drug Court Week celebrated at State Capitol

Gov. Barnes (center) presented the drug court proclamation to Chief Justice Robert Benham.

Judges and drug court personnel were in attendance on May 19 as Gov. Roy Barnes signed a proclamation celebrating National Drug Court Week (June 1-7) and recognizing the Georgia Association of Drug Court Professionals (GADCP). The signing ceremony was attended by Chief Justice Robert Benham, as well as supervising judges from drug courts across the state, and representatives of GADCP. "The Georgia Association

of Drug Court Professionals very much appreciates Governor Barnes' proclamation," says Bibb County Superior Court Judge Walker P. Johnson Jr., GADCP president. "This indicates to us his support of the drug court ideal, and hopefully will lead to more widespread formation of drug courts throughout Georgia." The state currently has five active drug courts, located in Bibb, Fulton, Laurens, Newton and
Glynn/Camden counties. tc.

Brazilian judges learn about Georgia courts

Five state court judges and three court administrators from the Brazilian state of Penambuco traveled to Georgia for a two-week course on judicial administration in April. The Institute of Continuing Judicial Education in Athens hosted the visit which was organized by the University of Georgia's Office of International Development.
In addition to attending educational sessions arranged by ICJE,

the Brazilians visited courts in Clarke County, Gwinnett County and the City of Atlanta, observing trials and meeting judges, clerks and court administrators.
The group also visited Georgia's appellate courts and the Administrative Office of the Courts, where staff made a presentation about statewide court administration and judicial reform efforts in
Georgia. tc.

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June 1999

Ten years later:
Georgia's Commission on Gender Bias in the Judicial System

The 30-member Commission on Gender Bias in the Judicial System was established in 1989 and included lawyers, judges, university deans, professors and community leaders from across the state. Justice Carol W. Hunstein of the Supreme Court of Georgia chaired the committee. Marla S. Moore, Assistant Director for Judicial Liaison, Administrative Office of the Courts, served as project director. Since the commission's report was published in 1991, Justice Hunstein and Ms. Moore, along with Rachel Ferencik, director of the Georgia Commission on Domestic Violence, and Chara Jackson, director of the Supreme Court Commission on Equality, have been among the many Georgians involved in efforts to eliminate bias in this state. This article reviews some of the commission's recommendations, and the implementation efforts that have been made in the last decade.
Defining the problem
The Commission on Gender Bias in the Judicial System was established by order of the Supreme Court to investigate the existence and scope of gender bias in the Georgia judicial system. After two years of meetings, public hearings, research and surveys, the commission released its 418-page report which found pervasive gender bias, mostly against women, in Georgia's judicial system. "It's a reflection of a system that's long been dominated by men," Justice Hunstein said when the report was released in 1991. "I don't think our findings are very different from those in other states. And I don't

think our recommendations are as drastic, in some instances, as in other states."
Now, she reflects back, saying, "The main issue was really the bias and the attitudes about women as a group. I think it was reflected in almost every aspect of the judicial system-from the way female lawyers were treated by other lawyers and judges and those within the court system, to the job opportunities that were available to them. I
Progress in these areas is "continuing to unfold,"
Justice Hunstein says,"but there are people within
government now who are interested in the issue
who really didn't see it as a problem when this report came out.... We have made great strides, but I think we
still have a ways to go."
think the laws were in many respects a clear indication that women were not equal." As to progress made over the past decade, she says with a smile, "I think women are 'more equal' now.... There are still areas to be addressed."
The commission's influence may have reached outside the judicial branch, according to Justice Hunstein. "I think in some measure the Gender Bias Report inspired people in other branches of government to change their hiring and appointment practices," she says. "I think Zell Miller is a wonderful

example of that. He really did work diligently to diversify the bench. In that respect, I think it has had a very positive impact and effect."
Georgia Commission on Domestic Violence
Justice Hunstein names domestic violence and how it was handled throughout the state's legal system as the most pressing issue facing the courts in 1991. Police, prosecutors and judges often held the belief that a man should be allowed to control his wife and punish her or that the victim provokes the violent act. As a result, police frequently filed only minor charges against perpetrators, and prosecutors gave low priority to domestic violence cases as did many courts. Progress in these areas is "continuing to unfold," Justice Hunstein says, "but there are people within government now who are interested in the issue who really didn't see it as a problem when this report came out. ... We have made great strides, but I think we still have a ways to go."
In 1992, based on a recommendation of the Gender Bias Report, the Georgia Commission on Domestic Violence was established. Its task was to develop a comprehensive plan to end domestic violence in Georgia. The commission was also given the responsibility of establishing a Community Task Force on Domestic Violence in each judicial circuit.
In the past six years, the task forces have been established in approximately 75% of the state's judicial circuits, creating coordinated
See Gender Bias, page 10

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Georgia Courts Journal

Commission on Gender Bias continued from page 9

community responses to domestic violence. Numerous training programs and five statewide conferences have been held. Commission members have successfully advocated passage of legislation to strengthen penalties for domestic violence, stalking, and related offenses.
The commission is currently involved in a pilot project to create a standardized, statewide registry of Temporary Protective Orders. The commission's director, Rachel Ferencik, serves as a liaison to other groups working to end domestic violence and spearheads projects.
The single most important recommendation of the final report was perhaps adoption of the 1990 American Bar Association rules on judicial conduct.
The commission has also developed protocols setting standards and guidelines for the handling of domestic violence cases. Five separate protocols, which have been distributed statewide, are designed to assist the judiciary, prosecutors, law enforcement, the medical community, and batterers intervention programs.
"The Commission on Family Violence has played an important role in facilitating dialogue between diverse organizations that want to make a difference in ending family violence," Ms. Ferencik says. "A coordinated community response is necessary for holding batterers accountable and providing safety and justice for women."
Judicial conduct
The single most important recommendation of the final report was perhaps adoption of the 1990

American Bar Association (ABA) rules on judicial conduct. At the time, there was no clear recourse for an individual who felt a judge had acted in a gender-biased manner. The ABA's model code put the duty on judges to set the tone for biasfree courtrooms. "Judges have an affirmative duty to combat discrimination," the commission wrote.
The recommendation regarding judicial conduct resulted in Canons 3B(5) and 3B(6). These appeared in the January 1, 1994, edition of the Code ofJudicial Conduct. In addition to gender bias, the new language addresses bias based upon race, religion, national origin, disability, age, sexual orientation and socioeconomic status:
(5) Judges shall perform judicial duties without bias or prejudice. Judges shall not, in the performance ofjudicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to judicial direction and control to do so.
(6) Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words and conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, against parties, witnesses, counsel or others. This Section, 3B(6), does not preclude legitimate advocacy when race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, or other similar factors, are issues in the proceeding.
"I think it's been very effective," Justice Hunstein says. "The current canon is very clear. Not only does the judge have the duty not to conduct himself or herself in a biased fashion, but has the duty to stop

personnel and lawyers in front of them from exhibiting any kind of bias or prejudice. And I think the judges have responded well. We have excellent judges in the state of Georgia. They really want to conduct themselves in an ethical manner, making sure that the courts are open to everyone, and that everyone feels as if they're being treated fairly."
Implementation committee
In May of 1993, the Supreme Court Committee for Gender Equality was created. It was followed in 1995 by the Supreme Court Commission on Equality which continues the work of the Committee for Gender Equality and the Commission on Racial and Ethnic Bias in the Courts.
The Supreme Court Committee for Gender Equality and the Commission on Equality have implemented recommendations to improve the training and education of judges and court personnel. A "Guide to Bias-free Communication" was distributed to all judges.
Justice Carol Hunstein, chair of the 1989 Commission on Gender Bias.
The committee also endorsed the distribution of the "Court Conduct Handbook." The handbook addresses behaviors that are forms of gender, race and ethnic bias and is published by the State Bar
Continued next page

Georgia Courts Journal

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June 1999

Commission on Gender Bias continued

Committee on the Involvement of Women and Minorities in the Profession. In 1993, the Committee for Gender Equality developed a model sexual harassment policy which was distributed to all courts. The policy has been adopted by the Supreme
The Institute for Continuing Judicial Education has played a significant role by including bias issues in judicial training efforts.
Court of Georgia, other courts in the state, some state agencies, and the judges' councils.
The Institute for Continuing Judicial Education (ICJE) has played a significant role by including bias issues in judicial training efforts. "Let Justice Be Done," a 40-minute training video created by the Equality Commission has been used by ICJE, the Chief Justice's Commission on Professionalism, other government agencies, and 16 states outside of Georgia to foster discussion and help train judicial personnel in bias-free behavior. The video will be the centerpiece of a continuing legal education program presented at this year's State Bar meeting.
Georgia commission members were also involved in developing the State Justice Institute curriculum "When Bias Compounds." This training program focuses upon fairness in the courts for women of color.
Justice Hunstein, current chair of the Equality Commission, says of future efforts, "We need to continue to do our best to discover, identify, analyze and make recommendations to stop all forms of bias."

Sexual assault protocol
In 1997, the Georgia Sexual Assault Task Force of the Women's Health Section of the Department of Human Resources developed the 115-pag~ "Protocol for Responding to Victims of Sexual Assault." As envisioned by the Gender Bias Report, the protocol facilitates the provision of non-biased care to the victims of sexual assault by providing guidelines to healthcare providers, law enforcement, prosecutors, and victim-assistance programs.
Ms. Moore, who chaired the Task Force, says this protocol works because it is one of the few in the country that is truly comprehensive, bringing together all members of the community who respond to sexual assault. The protocol has been distributed throughout Georgia. Six training sessions in its use were held last year; more are planned for this year.
Looking to the future
"I think this generation and fol-

lowing generations, at least in the United States, will have less of a biased attitude-not only toward women, but toward all minorities. I think we've really made a lot of progress," Justice Hunstein concludes.
She is optimistic about the future. "I think Georgia in large measure is very advanced in the kind of judicial system we have," she says. "I think we have wonderful people who are willing to listen to another person's point of view and make changes and respond-to do what's right, to really make all the citizens of Georgia feel as if it's their judicial system."
Read the report
For a copy of the Executive Summary of the 1991 report of the Commission on Gender Bias in the Judicial System go to www.state. ga.us/ courts/ supreme/ cetoc.htm. For the full report, contact Chara Jackson, director of the Supreme Court Commission on Equality, at 404-463-6478. ~

Sandra C. Glass named Clerk of the Year

Georgia's superior court clerks presented the Stetson F. Bennett Superior Court Clerk of the Year Award to Sandra C. Glass at their recent spring training meeting. Ms. Glass, superior court clerk of Oconee County, is a past president of the Superior Court Clerks Association. She serves on the Superior Court Clerks Retirement Board and the board of the Georgia Superior Court Clerks Cooperative Authority. Ms. Glass is also the clerks' representative on the Georgia Courts Automation Commission. The plaque was presented by Stetson F. Bennett, superior court clerk of Wayne County.~

Sandra C. Glass and Stetson F. Bennett

June 1999

11

Georgia Courts Journal

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

General Bills
HB 30 Daycare Employees Records Check
OCGA 49-5-60-69.1
Specifies that no person may be employed at a daycare center, group daycare home or family daycare home without a satisfactory state and national fingerprint records check; requires a preliminary records check as well; also applies to persons hired as directors and to applicants for a license for operation of a foster home. (Signed 4/28/99, Act #320, Effective 7/l/99)
HB 100 State Officials: Compensation OCGA 7-1-31, 38-4-7, 42-2-6, etc. Sets the state salary of justices of the Supreme Court at $139,418; judges of the Court of Appeals at $138,556; superior court judges at $99,862; district attorneys at $88,635. (Signed 5/3/99, Act #439, Effective 7/l/99)
HB 143 FY 99 Supplemental Appropriations Provides judicial branch appropriations as follows: Supreme Court, $6,289,683; Court of Appeals, $8,421,549; Superior Courts, $70,646,676; Juvenile Courts, $1,279,908; ICJE, $867,114; Judicial Council, $5,235,899; JQC, $166,759, Indigent Defense Council, $4,814,709; GCAC, $2,968,106. (Signed 4/12/99, Act #146, Effective 4/12/99)
HB 144 FY 2000 General Appropriations Provides a 3% salary adjustment for judicial branch employees and state officials affected by HB 100 on 10/1/99.
Provides judicial branch appropriations as follows: Supreme Court, $6,748,774; Court of Appeals, $10,480,565; Superior Courts, $76,280,631; Judicial Council, $5,725,000; Courts Automation Commission, $2,806,916. (Signed 5/3/99, Act #433, Effective 5/3/99)

HB 189 Firearms: Civil Actions
OCGA 16-11-184
Reserves exclusively to the State the right to bring certain civil actions against firearms manufacturers, trade associations and dealers; damages may be recovered on behalf of other governmental units. (Signed 2/9 /99, Act #4, Effective 2/9 /99)
HB 230 Child Support: Enforcement, Child Custody: Evidence of Family Violence
OCGA 10-5-4, 19-6-28.1, 19-9-1, 3
Authorizes the denial, suspension, denial of renewal or revocation of the registration of a securities salesperson or investment advisor representative upon notice that the applicant is not in compliance with an order for child support; in child custody proceedings, specifies that the court shall not refuse to consider otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. (Signed 4/19 /99, Act #275, Effective 7/1/99)
HB 278 Open Meetings
OCGA 50-14-1, 4
Requires that an agency holding a meeting will make an agenda available; specifies procedures for authorized exceptions. (Signed 4/28/99, Act #322, Effective 7/l/99)
HB370 Joint Tortfeasors: Venue
OCGA 9-10-31
Provides that in cases involving certain joint or joint and several defendants residing in different counties, a remaining nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper; if venue would be proper in more than one county, the plaintiff may elect the county and the court in which the action shall proceed; also applies to actions brought in bad faith or where no defendant residing in the county is a proper party. (Signed 4/28/99, Act #364, Effective 7/1/99)

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June 1999

(General Bills continued)

HB 560 Raw Research Data: Discovery
OCGA 24-9-40.2
Specifies that confidential raw research data is not subject to subpoena, discovery or admission as evidence in any judicial proceeding, civil, criminal or administrative except under certain circumstances. (Signed 4/27/99, Act #314, Effective 7/1/99)

HB 782 Legal Organ: Selection
OCGA 9-13-140, 142
Provides requirements for maintaining a newspaper as official organ; no change in designation as the official organ can be made until a majority of the probate judge, sheriff and clerk of superior court agree to appoint a new official organ. (Signed 3/24/99, Act #16, Effective 3/24/99)

HB 852 Child Custody: Emergency Care
OCGA 15-11-17.1
Authorizes OHR to provide temporary care and supervision of a child for a period not to exceed 7 days without a court order when the person in whose custody the child is found is unable to provide care due to emergency illness. (Signed 5/3/99, Act# 447, Effective 7/1/99)

SB 28

County Officers: Health Plans

OCGA 20-2-55, 45-18-5

Provides that certain county officials may elect to be

included in any state employees' health insurance plan;

includes members of the county governing authority,

state court clerks and juvenile court judges.

(Signed 4/28/99, Act 394, Effective 4/28/99)

SB 61

Electronic Commerce Study Committee

OCGA 50-29-12

Recreates the Electronic Study Committee to be

composed of 12 members to be appointed for terms

ending 12/31/00.

(Signed 4/19 /99, Act #271, Effective 4/19 /99)

SB 62

Electronic Records and Signatures

OCGA 10-12-3, 4

Specifies that records and signatures will not be denied

legal effect or validity solely on the grounds that they

are electronic; excludes execution of wills, trusts or

living wills.

(Signed 4/19/99, Act #272, Effective 7/1/99)

SB 103 Jurors: Expense Allowance
OCGA 15-12-7
Provides expense allowance for jurors not to exceed
$50I day in the superior courts of all counties.
(Signed 4/28/99, Act #405, Effective 7/l/99)
SB 146 Board of Court Reporting: Membership
OCGA 15-14-24
Provides for nine members of the Board rather than seven; specifies that one judge member will be a superior court judge and the additional judge member will be a state court judge; provides for five, rather than four court reporter members. (Signed 4/28/99, Act #417, Effective 7/1/99)
SB 165 Daycare Workers: Fingerprint Checks
OCGA 49-5-60-69 and others
Requires a satisfactory state fingerprint records check determination and a federal fingerprint records check for persons employed at a daycare center or serving as director; ratifies the National Crime Prevention and Privacy Compact. (Signed 4/28/99, Act #331, Effective 7/l/99)
SB 180 Property: Drug-Related Nuisance
OCGA 41-2-2, 41-3-1.1, 2
Specifies that complaints made regarding abatement of nuisances must be filed by the DA, solicitor, city or county attorney on behalf of the public. (Signed 4/27/99, Act #307, Effective 7/l/99)
SB 196 Jury List: Compilation
OCGA 15-12-40, 40.2
Allows the Board of Jury Commissioners to use lists of persons applying for driver's licenses, registering motor vehicles, claiming homestead_ exemptions and others; requires removal of the names of convicted felons or persons declared mentally incompetent from the jury list. (Signed 4/28/99, Act #423, Effective 7/l/99)
SB 259 Court Reporters: Deposition for Interest
OCGA 9-11-28, 15-14-37
Permits depositions to be taken by a court reporter who is a relative of a party if all parties explicitly consent; requires court reporting firms to register with the Board of Court Reporting and pay annual fees to the Board. (Signed 4/28/99, Act #410, Effective 7/1/99)

June 1999

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Georgia Courts Journal

I
Criminal Law
I

HB37 Inmate Visitation
OCGA 42-5-56
Provides that inmates with a current or prior convicti~n involving a sexual offense with a victim under the age of 16 years will not be allowed visits from persons under the age of 18; exceptions are made for certain family members. (Signed 4/28/99, Act #335, Effective 7/1/99)

HB 84 Weapons Prohibited at School
OCGA 16-11-127.1, 20-2-145, 20-8-5
Specifies that the term weapon as used in connection with a school safety zone includes razor blades; requires education programs and disciplinary tribunals to deal with bullying by one student of another. (Signed 4/22/99, Act #282, Effective 7/1/99)

HB213 Computer Pornography: Protect Children
OCGA 16-12-100.2
Defines the crime of computer pornography as when a person knowingly uses a computer to solicit sexual conduct of or with any minor; increases the penalties for the first or second offense of contributing to the delinquency, unruliness or deprivation of a minor to a fine of $1000, rather than $500. (Signed 4/13/99, Act #155, Effective 7/1/99)

HB 249 Rape; Definition
OCGA 16-6-1
Removes the element of force from the offense of rape when the victim is a female under 10 years of age; adds life without parole as a penalty. (Signed 4/28/99, Act #356, Effective 7/l/99)

SB1

Special Drug Prosecutors

OCGA 15-18-14, 45

Authorizes the district attorney in each judicial circuit

to appoint an additional assistant DA to prosecute cases

under the Georgia Controlled Substances Act; Judicial

Council to designate how the positions will be filled

subject to availability of state funds; budget document

contemplates a three-year phased-in implementation.

(Signed 4/22/99, Act #284, Effective, 7/l/99)

SB 105 Sexual Offender Registry
OCGA 42-1-12
Requires registration by offenders convicted of sexually violent offenses by military courts; the offender has the right to a hearing as to classification as a sexually violent predator. (Signed 4/28/99, Act #406, Effective 7/1/99)
SB 111 Crime Victims' Compensation Board
OCGA 35-6A-4
Authorizes the Criminal Justice Coordinating Council to transact and carry out the business of the Crime Victims' Compensation Board through appointment of committees. (Signed 4/28/99, Act #408, Effective 4/28/99)
SB 113 Crimes Against Family Members
OCGA 16-5-20-24, 16-5-70
Provides enhanced penalties for the offenses of simple assault, aggravated assault, simple battery and aggravated battery against persons in a domestic context; defines cruelty to children in the second degree to include specified violent acts that a child under 18 sees or hears. (Signed 4/22/99, Act #290, Effective 4/22/99)
SB 115 Prison Litigation Reform
OCGA 42-12-3, 7.1, 7.2
Provides that the costs of filing a petition for writ of habeas corpus shall be paid from the inmate's own account; requires notification to the prison warden by the superior court clerk when such a petition has been filed. (Signed 4/28/99, Act #409, Effective 7/l/99)
SB 145 Pardons and Paroles: Administration
OCGA 42-9-2
Separates the State Board of Pardons and Paroles from the DOC for administrative purposes; discontinues the board's advisory role to the Board of Corrections. (Signed 4/28/99, Act #416, Effective 7/l/99)
SB 148 Sexual Offenses: Contraband
OCGA 16-6-13.2
Provides that certain motor vehicles used to facilitate prostitution shall be considered contraband and be forfeited; sets forth requirements for seizure of such vehicles. (Signed 4/27/99, Act #309, Effective 7/l/99)

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June 1999

(Criminal Law continued)
SB 163 Elder Abuse
OCGA 16-5-20, 23 and others
Provides enhanced penalties for commission of the offenses of simple assault and battery against persons who are 65 or older. (Signed 4/28/99, Act #329, Effective 7/l/99)
SB218 Probation: One-time Fee
OCGA 42-8-34
Provides for a one-time fee of $50 to be imposed on defendants convicted of any felony in addition to other probation fees; provides a one-time fee of $25 for certain DUI offenses; fees will be paid into the state treasury; fees may be waived at judge's discretion. (Signed 5/3/99, Act #455, Effective 7/1/99)

SB 231 Speed Detection Devices
OCGA 40-14-17
Specifies that evidence of speeding based on a laser speed detection device is acceptable and admissible. (Signed 3/25/99, Act #15, Effective 3/25 /99)

Appellate Courts

SB 59

Court of Appeals: Add Judges

OCGA 15-3-1, 4

Provides for two additional judges to be appointed to

the Court of Appeals by the governor for terms

beginning 7/1/99 and ending 12/31/2000; successors

to be elected at the November 2000 general election.

(Signed 3/27/99, Act #18, Effective 7/l/99)

Traffic Law

Superior Courts

HB444 Child Safety: Assessable Points
OCGA 40-5-57
Provides an assessment of one point against a driver for violation of child safety restraint requirements on the first offense; two points for second or subsequent offenses. (Signed 4/27/99, Act #313, Effective 7/1/99)
HB635 DUI: Risk-Reduction Programs
OCGA 40-6-391
Requires attendance at an Alcohol or Drug Use Risk Reduction Program approved by DHR for specified DUI offenders; judge authorized to suspend fines if offender agrees to treatment. (Signed 4/19 /99, Act #266, Effective 7/1/99)
HB 727 Negligence: Failure to Use Safety Belts
OCGA 40-8-76.1
Specifies that failure to use a seat safety belt in a motor vehicle does not constitute evidence of negligence or causation. (Signed 4/16/99, Act #173, Effective 4/16/99)
SB 164 Ignition Interlock Devices
OCGA 17-6-1, 17-10-3.1, 40-5-64 and others
Enhances criminal penalties for habitual DUI violators charged with vehicular homicide; requires installation of ignition interlock devices upon a second DUI conviction. (Signed 4/22/99, Act #292, Effective 5/1/99)

HB 53 Alimony Orders: Contempt
OCGA 19-6-28
Provides that any contempt proceeding relative to orders for alimony and child support shall be considered part of the underlying action, and a motion for enforcement shall not constitute the filing of a new action or require the payment of a new filing fee. (Signed 4/28/99, Act #337, Effective 7/l/99)
HB 215 Habeas Corpus Clerk
OCGA 9-14-53
Eliminates state funding for a habeas corpus clerk in judicial circuits in which a minimum of 235 writs of habeas corpus have been instituted within a certain period; provides for each county to be reimbursed up to $10,000 per year instead. (Signed 4/28/99, Act #353, Effective 7/1/99)
HB 263 Family Support Registry Creates a central child support registry to receive, process, disburse and record payments; requires certain notices to the local court when new income deduction orders should start being directed to the child support registry. (Signed 5/3/99, Act #450, Effective 5/3/99)

June 1999

15

Georgia Courts Journal

(Superior Courts continued)
HB 292 Southwestern Judicial Circuit: Add Judge
OCGA 15-6-2
Creates an additional superior court judgeship for the Southwestern Judicial Circuit; initial judge to be appointed by the governor for a term beginning 1/1/2000 and ending 12/31/2000; successor to be elected at the November 2000 general election. (Signed 4/1/99, Act #31, Effective 7/l/99)
HB 371 Law Assistants; Court Administrators
OCGA 15-6-28
Changes the term law clerk to law assistant; authorizes each judicial circuit to employ one or more law assistants and court administrators if funds are available. (Signed 4/28/99, Act #365, Effective 7/1/99)
HB 397 Northeastern Judicial Circuit: Add Judge
OCGA 15-6-2
Creates an additional superior court judgeship for the Northeastern Judicial Circuit; initial judge to be appointed by the governor for a term beginning 7/1/99 and ending 12/31/2000; successor to be elected in the November 2000 general election (Signed 4/1/99, Act #26, Effective 7/l/99)
SB 117 Towaliga Judicial Circuit: Create
OCGA 15-6-1-3
Creates the Towaliga Circuit to be composed of Butts, Lamar and Momoe counties; initial judge will be the superior court judge who is a resident of Lamar County who formerly served the Flint Judicial Circuit. (Signed 4/1/99, Act #34, Effective 7/1/99)
SB 245 Child Support Orders: Review
OCGA 19-11-12
Provides for a 36-month review cycle for possible modification of certain child support orders to be conducted by the IV-D agency; requires that the agency file a petition in superior court asking the court to adopt a recommendation for an increase or decrease in the amount of the existing order. (Signed 4/28/99, Act #426, Effective 7/l/99)
SB262 DA Emeritus
OCGA 15-18-29, 30
Creates the honorary office to be held by any DA who retires under honorable conditions after 20 years of service; allows certain retired prosecutors to assist DAs. (Signed 4/28/99, Act #428, Effective 7/l/99)

Superior Court Clerks

HB 67

Index of Military Discharges

OCGA 15-6-72

Provides that a veteran may submit certain information

on specified government forms to the clerk of the

superior court for recording in the same books in which

military discharges are recorded.

(Signed 4/28/99, Act #339, Effective 7/1/99)

State Courts

HB 857 Cobb County State Court: Add Judge Adds one judge to Division I of the State Court of Cobb County to be appointed by the governor for a term expiring 12/31/2000; successor to be elected at the 2000 general election. (Signed 4/1/99, Act #27, Effective 4/1/99)
HB 943 State Court of Douglas County: Crealte Creates the State Court of Douglas County; initial judge to be appointed by the governor for a term beginning 7/1/ 2001; successor to be elected at the 2002 general election. (Signed 4/1/99, Act #24, Effective 4/1/99)

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June 1999

Juvenile Courts
HB 218 Termination of Parental Rights
OCGA 15-11-81, 19-8-4-11, 23
Revises certain provisions on termination of parental rights when the child is not in the parent's custody; revises forms for Surrender of Rights and the Mother's Affidavit; combines certain forms for Surrender of Rights of a Biological Father; provides for the election by the legal parent in their surrender of rights as to the operation of such surrender if an adoption petition is not filed within the statutory period. (Signed 4/13/99, Act #159, Effective 7/l/99)
HB 417 Competency to Stand Trial
OCGA 15-11-150-155
Provides for a determination of mental incompetency and a declaration of dependency for any child in all proceedings except where the superior court has jurisdiction pursuant to OCGA 15-11-5.l; provides for competency plans and competency hearings. (Signed 4/27/99, Act #312, Effective 7/l/99)
Probate Courts
HB 238 Nomination by Petition
OCGA 21-2-132, 170, 21-4-5 and others
Specifies that no notary public may act as both circulator of a petition and notarize the affidavit of any page; provides for invalidation of signatures on sheets bearing such affidavits. (Signed 4/1/99, Act #23, Effective 7/1/99)
HB 256 Healthcare Facility: Consent
OCGA 29-5-13, 10-6-36, 141 and others
Provides that the probate court may issue an order authorizing transfer or discharge from a healthcare facility, or placement for an adult who is unable to consent; authorizes persons who may give consent; provides a Georgia statutory form for Durable Power of Attorney for Healthcare and Financial Power of Attorney. (Signed 4/27/99, Act #311, Effective 7/1/99)

HB 530 Elections Superintendent
OCGA 21-2-5, 131-136, 381-384 and others
Prohibits county elected officials from service as election superintendents with the exception of probate judges; specifies that qualifying fees paid by a check not honored by the bank means that the candidate has not met the qualifications for holding office; authorizes additional sites as registrar's office. (Signed 4/1/99, Act #32, Effective 7/1/99)

HB 531 Optical Scanning Voting System
OCGA 21-2-365-379 and others
Revises certain provisions on optical scanning voting systems to conform the law to the technology in use. (Signed 4/1/99, Act #25, Effective 7/l/99)

HB 548 Probate Judge: Service as Chief Magistrate
OCGA 15-9-63, 63.1
Specifies a minimum annual salary of $8,500 for judges serving as both probate court judge and chief magistrate; provides for cost-of-living and longevity increases. (Signed 4/28/99, Act #375, Effective 1/1/00)

SB 12

Uniform Transfer on Death

OCGA 53-5-60-71

Provides for registration in beneficiary form for certain

types of ownership.

(Signed 4/28/99, Act #392, Effective 7/1/99)

Magistrate Courts

HB 317 Deposit Account Fraud
OCGA 16-9-20
Includes bank fees in the amount of restitution due from a person convicted of deposit account fraud. (Signed 4/28/99, Act #360, Effective 7/l/99)

HB 562 Bad Checks: Damages
OCGA 13-6-15
Requires payment of bank fees or charges by any person convicted of writing bad checks. (Signed 4/28/99, Act #378, Effective 7/l/99)

SB 82

Civil Claims: Jurisdiction

OCGA 15-10-2

Sets the monetary jurisdiction of civil claims in

magistrate court at $15,000 rather than $5000.

(Signed 4/28/99, Act #403, Effective 7/1/99)

June 1999

17

Georgia Courts Journal

Municipal Courts

Local Measures

SB 63

Shoplifting: Jurisdiction

OCGA 36-32-9

Grants jurisdiction to the municipal courts over cases of

shoplifting where the value of the theft is $300 or less,

rather than $100 or less.

(Signed 4/28/99, Act #400, Effective 7/l/99)

Vetoed by Gov. Roy Barnes

HB 407 Child Custody: Selection
OCGA 19-9-1, 3
Provides that a child who has reached the age of 12 or 13, but not 14, will have the right to select the parent with whom they desire to live; however, the decision will be at the court's discretion. (Vetoed 5/3/99, Act# VS)

SB 72

Parental Involvement and

Responsibility

OCGA 15-11-5, 20-2-150, 153 and others

Provides that any case brought by a local board of edu-

cation against a parent or guardian for willful refusal to

participate in the school's efforts to improve their child's

behavior will be heard in juvenile court; parents may be

fined up to $500 for failure to comply with court orders.

(Vetoed 5/3/99, Act# V3)

Local bills passed during the 1999 session are arranged alphabetically by county or municipality.

HB985 HB430 HB825 HB 941 HB 1005 HB 960 HB 834 HB 1013 HB 1014

Bacon County - Probate Court Judge; serve as chief magistrate. (Signed 4/16/99, Act #223, Effective 1/1/00)
Candler County - State Court Judge; increase compensation.
(Signed 4/9I /99, Act #52, Effective 5/1/99)
Carroll County- State Court Judge, Chief Magistrate; nonpartisan election. (Signed 4/9 /99, Act #94, Effective 4/9 /99)
Carroll County - Probate Court judge; nonpartisan election. (Signed 4/1/99, Act #29, Effective 4/1/99)
City of Columbus - Municipal Court; jurisdiction over civil claims up to $15,000. (Signed 4/16/99, Act #230, Effective 4/16/99)
City of Cumming - Municipal Court; jurisdiction and powers. (Signed 4/1/99, Act #30, Effective 4/1/99)
City of Villa Rica - Municipal Court; increase penalties. (Signed 4/9 /99, Act #98, Effective 4/9 /99)
Clayton County - Probate Court Judge; increase compensation. (Signed 4/16/99, Act #235, Effective 7/l/99)
Clayton County - State Court Solicitor-General; change compensation. (Signed 4/16/99, Act #236, Effective 7/l/99)

Georgia Courts Journal

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June 1999

(Local Measures continued)

H8 1015

Clayton County - Superior Court Clerk; increase salary. (Signed 4/16/99, Act #237, Effective 7/1/99)

H81007

~layton Judicial Circuit - District Attorney; increase county supplement. (Signed 4/9 /99, Act #127, Effective 7/1/99)

H8 1016

~layton Judicial Circuit - Superior Court Judges; increase county supplement. (Signed 4/16/99, Act #238, Effective 7/1/99)

H8769

Cobb County - Juvenile Court Presiding Judge; superior court chief judge to designate presiding judge of juvenile court. (Signed 4/9 /99, Act #86, Effective 7/1/99)

H8932

Cobb County - Juvenile Court Judges; increase compensation. (Signed 4/9 /99, Act #201, Effective 4/9 /99)

H8842

Cobb County - Probate Court Clerk; increase compensation. (Signed 4/16/99, Act #181, Effective 5/1/99)

H8433

Cobb County- State Court Solicitor General; increase compensation. (Signed 4/16/99, Act #168, Effective 1/1/00)

H8856

Cobb County - State Court Judges; increase compensation of chief judge, judges, and associate judges. (Signed 4/9 /99, Act #105, Effective 4/9 /99)

H8860

Cobb County - State Court Clerk and Chief Deputy Clerk; increase compensation. (Signed 3/31/99, Act #20, Effective 3/31/99)

H81002

Cobb County - State Court Solicitor; appointment by governor of vacancy, compensation of assistant solicitors. (Signed 4/1/99, Act #35, Effective 4/1/99)

H8976

Cobb County - Superior Court Deputy Clerk; increase compensation. (Signed 4/16/99, Act #219, Effective 4/16/99)

H8427

Cobb Judicial Circuit - Superior Court Judges; increase local supplement. (Signed 4/16/ /99, Act #167, Effective 1/1/00)

H8196

Coweta County - State Court Clerk; may be superior court clerk or be appointed by judge of the State Court with approval of county governing authority. (Signed 2/5/99, Act #3, Effective 2/5/99)

H8923

Dougherty Judicial Circuit - Superior Court Judges; increase county supplement. (Signed 4/16/99, Act #197, Effective 7/l/99)

H8726

Effingham County - State Court Judge and Solicitor-General; increase compensation. (Signed 4/1/99, Act #33, Effective 4/1/99)

H8688

Fulton County - State Court Chief Clerk and Court Administrator; elected by judges. (Signed 4/9 /99, Act #65, Effective 1/1/00)

H8690
H8827 H8828 H8700
H8155 H8955 H8697
H8869 H8898 58269 58220
58279 58286 58285 58282 58287 58238

Fulton County - Magistrate Court; authorizes eight magistrates to be appointed by majority vote of judges. (Signed 4/9 /99, Act #66, Effective 1/1/00)
Murray County - Chief Magistrate; provide costof-living and longevity increase. (Signed 4/9 /99, Act #95, Effective 4/9 /99)
Murray County - Clerk of Superior Court; provide cost-of-living and longevity increase. (Signed 4/9 /99, Act #96, Effective 4/9 /99)
Muscogee County - State Court Solicitor-General and Assistant Solicitors-General; increase compensation. (Signed 4/6/99, Act #70, Effective 1/1/00)
Oconee Judicial Circuit - Superior Court; change terms of court, provide for grand jury. (Signed 4/9 /99 Act #42, Effective 1/1/00)
Stephens County - State Court Judge and Solicitor-General; change compensation. (Signed 4/16/99, Act #209, Effective 7/l/99)
Union County - Chief Magistrate; prohibit probate judge from serving as chief magistrate; partisan election of chief magistrate for term beginning 1/1/00. (Signed 4/9 /99, Act #69, Effective 4/9 /99)
Ware County- State Court Judge and SolicitorGeneral; increase compensation. (Signed 4/16/99, Act #185, Effective 1/1/00)
Washington County- State Court Judge and Solicitor-General; change compensation. (Signed 4/9 /99, Act #109, Effective 1/1/00)
Chattooga County - State Court Judge and Solicitor-General; longevity increase. (Signed 4/16/99, Act #248, Effective 1/1/00)
Flint Judicial Circuit - Superior Court Judges, District Attorney, Chief Assistant District Attorney; increase local supplement. (Signed 4/9 /99, Act #141, Effective 4/9 /99)
Rockdale County - Chief Magistrate; salary. (Signed 4/16/99, Act #252, Effective 7/l/99)
Rockdale County - Probate Court Judges; compensation. (Signed 4/16/99, Act #259, Effective 7/l/99)
Rockdale County - State Court Judges; salary. (Signed 4/16/99, Act #258, Effective 7/1/99)
Rockdale County - Superior Court Clerk; compensation. (Signed 4/16/99, Act #255, Effective 7/l/99)
Rockdale Judicial Circuit- Superior Court Judges; salary supplement. (Signed 4/16/99, Act #260, Effective 7/l/99)
Tallapoosa Judicial Circuit - Superior Court Judges, District Attorney; salary supplement. (Signed 4/9 /99, Act #144, Effective 1/1/00)

June 1999

19

Georgia Courts Journal

Juvenile courts revise records retention schedules

A committee established by the Council of Juvenile Court Judges, in cooperation with the Administrative Office of the Courts and the Department of Archives, recently reviewed the juvenile court retention schedules. As a result, all schedules have been revised and are printed here in summary form. For more information, contact Lynn Brewer, Council of Juvenile Court Judges, 404-657-5020; or Pete Schinkel, Dept. of Archives, 404-656-2373; or Holly Sparrow, Administrative Office of the Courts, 404-651-6327.
Juvenile Courts Common Records Retention Schedule
SERIES TITLE: INDIVIDUAL JUVENILE COURT CASE FILES
Schedule Number: 99-0006
Dates of Series:
Earliest: 1950; Latest: Ongoing
Amends and supersedes schedule number 83-823.
Consists of:
The individual juvenile court case files shall serve as the minutes. Includes the following vital records: complaints; petitions; all court orders; rights forms; notices of appeal; publications; applications for publication; transcripts; any other items in juvenile court files which are juvenile court generated and do not fall within the category of non-vital records. Includes the following non-vital records: subpoenas; correspondence; intake data sheets; witness lists; route sheets; clerk or judges bench notes; applications for court appointed attorney; social histories; victim impact statements; any duplicates of court generated documents or records; essays; community service reports; applications for bond; custody reports generated by juvenile court for investigatory purposes; and case histories transmitted by another juvenile court. Includes non-vital documents generated by other persons or agencies such as the following: records of ankle monitoring agencies; police reports; Department of Family and Children Services reports; Department of Juvenile Justice reports; psychologicals; custody reports not produced by juvenile court; medical records; school discipline/ attendance records.
Retention:
Cut off at the end of each calendar year. Hold in the current files area one year from the calendar year in which the case was disposed of by disposition or remittitur. The court may then dispose of any documents or records defined above as "non-vital" or any non-juvenile court generated document which was not admitted into evidence. Transfer to local holding area; Hold 28 years from the end of the calendar year of the date that the child was born or 15 years from the end of the calendar year of the date of the last entry; Destroy.

SERIES TITLE: PARENTAL NOTIFICATION OF ABORTION (ASE FILES
Schedule Number: 99-0007
Dates of Series:
Earliest: 1987; Latest: Ongoing
Amend and supersede schedule number 83-823.
Consists of:
The individual juvenile court case files shall serve as the minutes. Documents relating to actions initiated by a minor, on such minors behalf or by next friend, for a waiver of the requirement that a parent be notified that an abortion is to be performed. Includes petitions, orders, medical statements, correspondence, etc.
Retention:
Cut file off upon decision by court or the granting of the petition without such a decision.
Hold in the current files area 90 days; Destroy.
SERIES TITLE: TRAFFIC CASE FILES
Schedule Number: 99-0014
Dates of Series:
Earliest: 1971; Latest: Ongoing Amends and supercedes schedule number 83-823.
Consists of:
The individual juvenile court case files shall serve as the minutes. May include the following vital records: uniform traffic citations; complaints; petitions; all court orders; rights forms; notices of appeal; publications; applications for publication; transcripts; any other items in juvenile court files which are juvenile court generated and do not fall within the category of non-vital records. May include the following non-vital records: subpoenas; correspondence; intake data sheets; witness lists; route sheets; clerk or judge's benchnotes; applications for court appointed attorney; social histories; victim impact statements; any duplicates of court generated documents or records; essays; community service reports; applications for bond; and case histories transmitted by another juvenile court. May include nonvital documents generated by other persons or agencies such as the following: records of ankle monitoring agencies; police reports; Department of Family and Children Services reports; Department of Juvenile Justice reports; psychologicals; and school discipline/attendance records.
Retention:
Cut off at the end of each calendar year. Hold in the current files area one year from the calendar year in which the case was disposed of by disposition or remittitur. The court may then dispose of any documents or records defined above as "non-vital" or any non-juvenile court generated document which was not admitted into evidence. Transfer to local holding area; hold 5 years; Destroy.
SERIES TITLE: LEGITIMATION (ASE FILES AND TERMINATION OF PARENTAL
RIGHTS (ASE FILES IN WHICH RIGHTS WERE TERMINATED
Schedule Number: 99-0008
Dates of Series:
Termination Cases: Earliest: 1950; Latest: Ongoing Legitimation Cases: Earliest: 1997; Latest: Ongoing
Continued next page

Georgia Courts Journal

20

June 1999

Juvenile court retention schedules continued
Consists of:
The individual juvenile court case files shall serve as the minutes. May include the following vital records: complaints; petitions; all court orders; rights forms; notices of appeal; publications; applications for publication; transcripts; any other items in juvenile court files which are juvenile court generated and do not fall within the category of non-vital records. May include the following non-vital records: subpoenas; correspondence; intake data sheets; witness lists; route sheets; clerk or judge's benchnotes; applications for court appointed attorney; social histories; any duplicates of court generated documents or records; and case histories transmitted by another juvenile court. May include non-vital documents generated by other persons or agencies such as the following: police reports; Department of Family and Children Services reports; Department of Juvenile Justice reports; psychologicals; school discipline/ attendance records; and custody reports not produced by juvenile court.
Retention:
Cut off at the end of each calendar year. Hold in the current files area one year from the calendar year in which the case was disposed of by disposition or remittitur. Transfer to local holding area for permanent retention.
SERIES TITLE: CASE FILES OF JUVENILES ON PROBATION OR SUPERVISION
WITH THE COURT
Schedule Number: 99-0009
Dates of Series:
Earliest: 1950; Latest: Ongoing
Consists of:
Documents relating to a juvenile's status on probation or supervision with the court. Includes drug screens, school attendance records, reports of contact with probation officer; etc.
Retention Requirement: Administrative Need:
Retention until child is 17 or probation is terminated, whichever is later.
Retention:
Destroy upon juvenile reaching the age of 17 or when probation or supervision is terminated, whichever is later.
SERIES TITLE: COURT REPORTER'S NOTES AND FILES
Schedule Number: 99-001 O
Dates of Series: Earliest:
1950; Latest: Ongoing
Consists of:
Documents relating to verbatim recording of oral proceedings before the court. Included are stenographic machine tapes and/or notes. May also include tape recordings, dictagraph belts, paper strips, steno pads, and other recording media.
Retention:
Cut off file at end of calendar year; Hold in current file area 2 months; Transfer to local holding area; Hold 2 years; Destroy.

7. SERIES TITLE: DOCKET BOOKS
Schedule Number: 99-0011
Dates of Series:
Earliest: 1976; Latest: Ongoing Amends and supersedes schedule number 87-96
Consists of:
Documents relating to cases filed in juvenile courts. Included are docket books, bound and loose-leaf, and the pages thereof, in which is recorded information regarding children who are referred to the juvenile courts and complaints which are filed against them or in their interest. Also included are computer records or other electronic records of the information required to be maintained in the juvenile docket book in juvenile courts which store the docket sheet information electronically in lieu of maintaining a separate juvenile docket book.
Retention:
Cut off the file when the last entry is made in the book. May then transfer to local holding area;
Hold 28 years from end of calendar year of last entry; Destroy.
SERIES TITLE: COURT CALENDARS
Schedule Number: 99-0012
Dates of Series:
Earliest: 1950; Latest: Ongoing
Consists of:
Documents relating to listing of matters to be heard, dates for hearing and styles of cases. Included are calendars for judges and associate judges.
Retention:
Cut off file series at the end of each calendar year; Hold in the current files area one year; Destroy.
9. SERIES TITLE: FILES AND RECORDS OF JUVENILE COURT ADMINISTERED
PROGRAMS
Schedule Number: 99-0013
Dates of Series:
Earliest: 1950; Latest: Ongoing
Consists of:
Documents relating to the administration of court programs including but not limited to the following: community service programs; diversion programs; restitution programs; community oriented risk-reduction programs; parenting classes; Tough Love programs; mentoring programs; tutoring programs; and counseling programs. Included are attendance records, referrals to other programs, testing results, certificates, etc.
Retention:
Cut off at the end of each calendar year. Hold in current files area two years from date of creation; Transfer to local holding area; Hold 3 years; Destroy.
Note:
Two previous retention schedules, Juvenile Court Minute Books and Juvenile Court Non-Appealed Transcripts of Court Proceedings files, are superceded by the revised and new case file schedules above.

June 1999

21

Georgia Courts Journal

Judge N. Kent Lawrence receives
Ogden Doremus Award
Clarke County State Court Judge N. Kent Lawrence, pictured at right, is the seventh recipient of the Council of State Court Judges' annual Ogden Doremus Award. Judge Kathlene F. Gosselin of the Northeastern Judicial Circuit presented the award at the council's May meeting, saying, "His contributions to the Council of State Court Judges are many and varied. He has always been innovative, energetic and forward thinking. And he always makes time to help a fellow judge." She describes Judge Lawrence and all the previous recipients of the award as "judges we want to emulate and hold out as models for state court judges, or, for that matter, any judges." Judge Lawrence was appointed to the bench in 1985. He has served as president of the Council of State CourtJudges, as a member of the Judicial Council and on numerous committees to improve
the courts. tc.

Time to revise the Georgia Courts Directory

Address correction and verification postcards for the 1999-2000 Georgia

Courts Directory were recently mailed to judges and other court personnel.

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 CourtsJOURNAL
Vol. 26 No. 5
Georgia Judicial Council
Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher,
Vice Chair Judge Joe C. Bishop Judge G. Alan Blackburn Judge William T. Boyett Judge Robert J. Castellani Judge Orion L. Douglass Judge John E. Girardeau Judge Helen W. Harper Judge Joseph Iannazzone Chief Judge Edward H. Johnson Judge Cliff L. Jolliff Judge R. Michael Key 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 Donny Peppers Sr. Judge William J. Self II Judge T.O. Sturdivant III Senior Judge E. Mullins Whisnant
Administrative Office of the Courts
Director George Lange III
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
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