Georgia courts journal, Vol. 26, no. 6 (Dec. 1999)

December 1999

ts
..JourHat-

A pub/ication of the judicial Council of Georgia

Judicial Council Approves New Judgeships

S ix circuits requesting new

conduct the workload study and analyze its

judgeship posi-

results. Judges of

tions gained

the superior, state

approval from the

and juvenile courts

Judicial Council

from across

at their recent

Georgia will be

meeting in

asked to keep

)Atlanta. Officials

hourly logs of a

of the Bell-

full-range of

Forsyth, Towaliga, Chattahoochee, Tallapoosa, Cobb and Atlanta

Judges ofthe Judicial Council ofGeorgia Seated, left to right, William Self, Walter McMillan, Mullins Whisnant, Penn McWhorter, Ed Johnson, Robert Benham, William Boyett, Cliff Jolliff, Michael Key, Joe Iannazzanne, Robert Mallis. Standing, left to right, Alan Blackburn, Thelma H)'att Cummings Moore, Mac McLane, Helen Harper, Norman Fletcher, Orion Douglass, Joe Bishop, Charles Pannell, Charles Mikell, Barrett Whittemore, Jack Carney, John Girardeau.

judicial tasks to include time spent on the bench, legal research, opinion writing, motion

judicial circuits submitted the neces- into the judicial branch budget for FY hearings, etc. This study, the first of

sary caseload figures and documenta- 2001. Six new superior court positions its kind ever conducted in Georgia,

tion demonstrating a need for

would bring the total number of

will provide documented performance

additional local judgeships. Yearly

superior court judgeships to 183.

data regarding judicial workloads. The

caseload data is collected by the

study will factor in measures to

District Court Administrators and

TIME AND

account for judicial tasks of greater

tabulated by the Research Division of

MOTION STUDY

See "New Judges" page 2

the Administrative Office of the Courts.
Judgeship requests will now go forward to the Governor and the General Assembly for action in the

Judge Joe Bishop, president of the Council of Superior Court Judges, noted that superior court judges and others will be involved over the next few months in a study to determine

INSIDE

From the Director

pg 2

Appellate Judges Sworn

pg 3

People, Places & Events

pg 3

Family Violence Commission pg4

2000 legislative session. Funding for accurate measures of judicial

Blue Ribbon Commission

pg 5

new judicial positions comes through workload. The Administrative Office Sentencing Commission

pg 6

the General Assembly and additional of the Courts has contracted with the

Courts Directory Corrections

pg7

Grants for Court Projects

pg 8

funding, if approved, would be added National Center for State Courts to

2 GEORGIA CouRTS]OURNAL December 1999

George Lange III
It's hard to believe that ten months have passed since I assumed the duty as Director of the AOC. It's been a learning experience, and I thank all who've patiently allowed me to get up to speed and establish some bench marks for navigating this new terrain. I'm especially grateful to my staff, old and new, for their unwavering loyalty and dedication during this time of transition. Truth be told, however, I've been warmly welcomed in every clime and place. Every judge I've met in every jurisdiction has offered support and encouragement, for which I'm extremely grateful. It's good beyond telling to be back in the land of southern ways and southern hospitality. I've also had the good fortune to benefit from the assistance and advice of our District Court Administrators, and to extensively tour the First, Second and Third Judicial Districts, compliments ofDCA's Danny DeLoach, John Cowart and David Ratley, who graciously endured my company and my jokes as we drove the byways of that beautiful area of Georgia. It gave me a much greater appreciation for the richness and diversity of our state and for the broad range of needs and resources within our judicial system. And I'd be remiss not to mention the welcome extended by our clerks of court, and particularly their council president, Buddy Rogers. Having recently come from a five-year stint as clerk of a federal appellate court, I understand and appreciate the difficulty of their duties and the importance of their role in the overall administration of justice. What's the AOC about these days? We're embarked on a long-term effort to renew and strengthen our relationship with the people we serve, and that means going where they live. So, Holly, Marla, Cynthia, Greg, Vince, Jay and I will be wheedling invites in the coming days and months. Be nice. We're also exploring new ways of providing relevant services to our customers. Vince Harris (AD for Fiscal, Budget and Personnel) and his expert staff are now within the AOC family and offer a full range of fiscal and budgetary services. They presently administer over 80 accounts and have worked hard to implement PeopleSoft with minimal service delay or disruption. Our new Grants, Partnerships and Outreach program flourishes under the dynamic leadership of Cynthia H. Clanton, and Holly K. 0. Sparrow is shepherding the first-ever Judicial Workload Measurement Study toward implementation. I should also add that, in partnership with GCAC, Victor Webb was reassigned to Valdosta where he provides technical
Continued page 8

New Judgeships
(continued from page 1)
complexity versus those of lesser complexity. Judge Bishop asked for cooperation from all judges to insure that the study can be successfully completed. He looks forward to reporting on preliminary findings, perhaps as soon as August 2000. The study begins in January.
PUBLIC TRUST AND CONFIDENCE IN THE COURTS
0 ther matters of interest at the Council's August meeting included a report from AOC Director, George Lange III, who, along with officials of the State Bar, represented Georgia at a national conference devoted to the issue of public trust and confidence in the courts. The meeting was sponsored by the Conference of Chief Justices and the Conference of State Court Administrators. Court officials from around the country drafted a national action plan for improving public trust and confidence in the judicial system.
A study conducted prior to the meeting compared public trust in the courts to that of other institutions. By example, while almost one quarter of those polled reported a great deal of confidence in the courts, the level of confidence was closer to 50 percent for the medical profession, but only 10 percent for the media. Conference attendees generally agreed that public opinion of the courts is colored by a perception of unequal justice throughout the system, and that the challenge for the courts is not only to decide cases fairly, but also to treat all participants with respect during the process. Equality and fairness must be part of the process from the clerk's office to the bailiffs.
The Chief Justice has recently established a Supreme Court Commission on Public Trust and Confidence in the Courts to address these issues. rfc.
See related story page 5
Do you have questions or comments about the Georgia Courts Journal? Call us at
404-656-6783 and let us know what you think.

December 1999 GEORGIA CoURTS]OURNAL 3
Court of Appeals Judges Take Office

Judge Herbert E.

Judge John J. Ellington
~
Judge M. Yvette Miller
~

I n a ceremony on July 12, three judges were sworn as new members of Georgia's Court of Appeals. Governor Barnes administered the oath of office to Judge M. Yvette Miller of Atlanta, the first AfricanAmerican woman on the Court of Appeals, Judge John J. Ellington of Soperton and Judge Herbert E. Phipps of Albany.
Judges Ellington and Phipps fill new seats on the Court of Appeals that were approved by the legislature this year. Judge Miller fills the unexpired term of Judge Dorothy Beasley. The court now has 12 judges, making four complete panels.
The swearing-in ceremony, held in the new Capitol Education Center, was the culmination of efforts by judges and others to make the expanded Court of Appeals a reality. C:C.

People, Places, and Events ...

AWARDS
~:~ Justice Carol W. Hunstein has been honored with the Distinguished Judicial Service Award by the Young Lawyers Section of the State Bar of Georgia. Justice Hunstein was chosen for contributions to the judiciary at the county, state, and national levels.
The Georgia Association of Women Lawyers also recognized Justice Hunstein's accomplishments with their Association Award for 1999.
~:~ Supreme Court Justice George H. Carley has received the Bar's Tradition of Excellence in the Judiciary Award. Presentation of the award was made earlier this year at the annual meeting of the State Bar of Georgia.

~:~ Judge Marion Guess of the DeKalb County Probate Court was honored on November 14 by the National College of Probate Judges. The 1999 Treat Award of Excellence was presented to Judge Guess at the annual meeting.
Judge Guess, a graduate of Emory University School of Law, has served as probate judge in DeKalb County since 1972. He is an active member of local bar associations, lectures for the
Institute for Continuing Legal Education, and is the author of works on guardianships and the state's probate laws.

NEW.JUDGES
~:~ Dougherty County Juvenile Court Judge Stephen S. Goss has been appointed by Governor Barnes to a slot on the Dougherty Superior Court. He replaces Judge Herbert Phipps, who is now serving on the Court of Appeals.
~:~ Thomas L. Hodges was sworn-in as a superior court judge for the Northern Circuit in October. Judge Hodges of Elberton fills the position on the superior court bench vacated by former Chief Judge George H. Bryant.
~:~ Ceremonies on July 30 were held in honor of Charles Paul Rose, who was sworn as a superior court judge of the Atlantic Judicial Circuit. Judge Rose was presented by Senior Judge John Harvey, whose seat on the court he fills.
See "People, Places" page 6

4 GEORGIA CouRTS]OURNAL December 1999

Commission on Family Violence Holds Convention

Awards Ceremony and Speakers Highlight Meeting

T he Georgia Commission on Family Violence recently held its 6th Annual Statewide Conference. Three hundred
and seventy-four attendees, includ-
agencies who deal with domestic violence issues, attended the conference at Macon's Centreplex on September 23 and 24. The two day meeting was centered on workshops and messages from two keynote speakers, Judge Lynn Tepper and Ms. Donna Edwards. An awards luncheon was held on Thursday.
Awards Ceremony
At a luncheon held on September 23, special guest Governor Roy Barnes presented an award to Justice Carol W. Hunstein to honor her work with the Georgia Commission on Gender Bias in the Judicial System. Creation of the Commission on Family Violence was a recommendation of the Gender Bias Report made in 1992. Justice Hunstein served as chair of the Commission.
Other guests recognized for their work on domestic violence issues and legislation were Judge Frank M. Hull, Eleventh Circuit

Court of Appeals, Marla S. Moore, former staff to Gender Bias Commission; Cathey Steinberg, former legislator; Elizabeth Appley, attorney activist; Diane Winters, Georgia Advocates for Battered Women and Children; Kathleen Carlan (deceased), former director, Men Stopping Violence; and Vickie McLennan, NOW lobbyist.
Speakers
On Thursday, September 23, Judge Lynn Tepper, a circuit judge in Dade City, Florida, addressed the group. Judge Tepper has served on the Florida Domestic Violence and Sexual Assault Implementation Task Force and the Commission on Minimum Standards for Batterers Intervention Programs. She is also
a faculty member of the American Academy of Judicial Education and teaches judges from around the country.
Ms. Donna Edwards, executive director, National Network to End Domestic Violence,
Judge John Allen & Judge Cynthia
Wright were introduced at the meeting.

spoke on Friday. The National Network is a membership organization of domestic violence coalitions from the 50 states, United States territories, and the District of Columbia. Ms. Edwards has spent 15 years as a volunteer and policy expert on domestic violence issues. She has testified before Congress, appeared in electronic and print media as an expert analyst, and assisted the federal executive branch in developing policies and programs affecting battered women and their children. Ms. Edwards led a workshop on September 24.
Workshops
Participants at the conference chose two workshops to attend each day. Workshops offered on September 23 included Older Victims: Resources for Help; Innovations for Handling DV; Medical Intervention: A Lifeline for Victims; Impacting Public Policy; and Creative Approaches for Prosecution.
Workshops offered on September 24 included Achieving Justice for Battered Immigrant Women; Community Partnerships for the Protection of Children; Effective Law Enforcement Response; Youth
Violence; Current Trends in Batterer's Intervention Program Certification; and Federal Legislation: What You Need to Know.tT.:.

AG'S OPINIONS
OFFICIAL OPINIONS
Policemen, Special; Powers. Special policemen, appointed pursuant to OCGA 35-9-1 through 35-914, have and may exercise the powers of a peace officer "only upon the property or in connection with the property" to which they are appointed for the purpose of "protecting and preserving." (415199 No. 99-6)
Peace Officers, Registered or Exempt. "Registered" or "exempt" peace officers who otherwise meet the certification requirements of Chapter 8 of Title 35 have the same authority as that of certified peace officers. (4/16/99 No. 99-7)
Claims Advisory Board; Inmate Claims. Beginning July 1, 1999, 1999 Ga. Laws 798, amending OCGA 28-5-85 and OCGA 28-5-104, prohibits the Claims Advisory Board from recommending compensation to an inmate injured while in custody of the Department of Corrections. (6/30/99 No. 99-11)
Prison Labor. Inmate labor may not be used to work for a solid waste management facility that is operated by a private, for-profit entity, where the inmate labor inures to the benefit of that private, forprofit entity. (7/28/99) No. 99-12)
Judicial Council Funds
Legal Services for Victims
of Domestic Violence
For the second year, the Judicial Council has made grant awards to agencies serving victims of domestic violence. The funds go toward solving civil legal problems encountered by those whose lives are affected by domestic violence. Judge William Boyett, chair of the grants committee, has announced awards in the following amounts: Georgia Legal Services Program, $1,083,900; Atlanta Legal Aid Society, $449,850; Circle of Hope, $60,000.
A second round of funding will be announced in February 2000. The total amount available for fiscal year 2000 is $2 ,125 ,000. For further information contact Cynthia Hinrichs Clanton at 404-656-6692. tfc.

December 1999 GEORGIA CouRTsjouRNAL 5
0z UVA PROFESSOR ADDRESSES APPELLATE COURT ISSUES

T he Blue Ribbon Commission on the Judiciary held its third meeting on July 9. The commission was formed

in March to consider the structure and

organization of the courts as they relate to

efficiency and effectiveness in the dispensa-

tion of justice.

Chief Justice Robert Benham welcomed

the commission and its special guest, Profes-

sor Daniel Meador, director of the University

of Virginia program for appellate judges.

Former Justice Hardy Gregory Jr., the

chair of the commission, noted that Professor

Meador is the University of Virginia's James

Monroe Professor of Law.

z

Professor Meador gave a brief history of development of appellate courts in the

United States. "Most state judicial systems

began without appellate courts. Appeals
0 were heard, instead, by panels of trial judges
especially convened for that purpose.... By
mthe late 1800's every state had created an appellate court. The appellate process called
mfor every judge of the Supreme Court to

participate in every appeal. This practice

ensured stability, continuity, and predictabil-

ity."

The Georgia Supreme Court has "bypass

jurisdiction"- some cases come directly

from the trial court without being heard by

the Court of Appeals.

Ms. Angie Wright-Rheaves is now staff

coordinator for the Blue Ribbon Commis-

sion. She will also staff the Supreme Court

Commission on Public Trust and Confidence

in the Courts. You may contact Ms. Rheaves

at 404-657-1771.

6 GEORGIA COURTS]OURNAL December 1999

Child Support Enforcement & AOC Join Forces

A ~~:;:~{~~:~~o::~~~~::~~f,:~.. reco;;J:~~:~~f~;:::~~::l~u~~ovide

ment, Georgi~ has recently

.staff support to superior court j;udges

establish~d a stronger relationship

an!f clerks in proble;m solving,long-

between the judicia\ btanch and ama range planning and implementation of

support enforcement agencies. The

the state,.wide registry. The new

DHR's C)lild Suppqrt ;Enforcement
Division an~,the Admfifl~Q;ative.Office
of the Courts ente~ed into a ~~pperct'" tive agreement to focus state res0ur.9~s
on making Georgia's child support

arrangement wilt include additional
d<tta entry capabiiitiesfor establishing
anopiairitaining the state case registry. fQ~more information contact Mr.
Jester at 404-651-7616. tc.

People, Places, and Events ... (continued)

~:~ Newly appointed superior court judges Bonnie C. Oliver of the Northeastern Judicial Circuit and John C. Pridgen of the Cordele Judicial Circuit were sworn by Governor Barnes on September 27. Judge Oliver formerly served on the State Court of Hall County. Judge Pridgen served as district attorney for the Cordele Circuit.
~:~ New judges of the State Court of Cobb County also took the oath of office on September 27. Judge Toby Prodgers moves to Division I and Judge Roland R. Castellanos serves Division II.
~:~ Judge J. David Burroughs of the State Court of Hall County took the oath of office on November 5, 1999. Gov. Barnes also administered the oath to Judge Myra H. Dixon, State Court of Fulton County, and Judge Donald W. Gillis, State Court of Treutlen County, at the ceremonies held in Atlanta.

NOTEWORTHY
~:~ Cathy W. McCumber is the new District Court Administrator for the Fourth Judicial Administrative District. She has served the DeKalb courts since 1980 and was selected for the position by the superior court judges of the district.
~:~ Judge Michael Key, Juvenile Court of Troup County, was recently elected to the Board of Trustees for the National Council of Juvenile and Family Court Judges.
~:~ Scholastic News, Inc. has chosen the Supreme Court of Georgia to represent the judicial branch of government on a poster sent to over 40 ,000 public school teachers in the U.S. The colorful poster shows students how government works and highlights information on the judicial, executive, and legislative branches. Cheryl Moch, photo editor for Scholastic News, said Georgia's Supreme Court was chosen because, "According to our research, your Court is the most diverse Supreme Court in the country. Many, many children will be inspired." tc,

Cobb Judge Chairs Sentencing Commission
Chief Judge Robert E. Flournoy of the Cobb Judicial Circuit chairs the Commission on Certainty in Sentencing appointed recently by Gov. Barnes; Clayton County District Attorney Robert E. Keller is vice-chair.
Announcing formation of the Commission, Governor Barnes stated, "It is my hope that, working together, this group of judges, district attorneys and others involved in the criminal justice system will be able to develop a set of sentencing guidelines that will give us the certainty we need while maintaining the flexibility judges need to handle extraordinary cases."
The Commission has held a series of meetings since August. Judge Flournoy stated that a report to the Governor will be made in early December. Commission members include officials from the State Board of Pardons and Paroles, the House and Senate judiciary committees, district attorneys and judges. In addition to Judge Flournoy, the following superior court judges were named to the commission: Judge John D. Allen -
Chattahoochee Judicial Circuit Judge John E. Girardeau -
Northeastern Judicial Circuit Judge Linda Warren Hunter -
Stone Mountain Judicial Circuit Judge Faye S. Martin -
Ogeechee Judicial Circuit Judge Gary C. Mccorvey -
Tifton Judicial Circuit Judge Sidney L. Nation -
Rockdale Judicial Circuit Judge James W. Oxendine -
Gwinnett Judicial Circuit tc.

December 1999 GEORGIA CouRTsjoURNAL 7

1999-2000 Georgia Courts Directory Corrections

Our apologies to those whose information ran incorrectly or was indavertently left out of the 1999-2000 Georgia Courts Directory. Your understanding is appreciated.

Court of Appeals
Judge Herbert Phipps Fax:404-651-8139
Superior Courts
Cordele Circuit Judge John C. Pridgen P.O. Box 5025 Cordele, GA 31010 912-276-2619 Fax: 912-276-2629
Northeastern Circuit Judge Bonnie C. Oliver P.O.Box409 Gainesville, GA 30503
Ocmulgee Circuit Judge James L. Cline, Jr. P.O. Box 3069 Eatonton, GA 31024
Senior Judges
Add: Judge Joe C. Crumbley 373 Parkwood Way Jonesboro, GA 30236
Judge John R. Harvey P.O. Box 1018 Pembroke, GA 31321-1018
Judge James B. O'Connor Jay Bird Springs Road Chauncey, GA 31011 912-868-6710
Judge Oscar D. Smith P.O. Box 1340 Columbus, GA 31902-1340 334-298-1736
Judge J. Taylor Phillips P.O. Box 6242 Macon, GA 31208 912-749-6676
Judge Robert Struble Fax: 706-297-7081
Delete: Judge Charles Stadford

State Courts
Clayton County: Chief Judge Harold G. Benefield
Cobb County Division I Judge Toby Prodgers 12 East Park Square Marietta, GA 30090-9637
Division II Judge Roland Castellanos, Jr. 12 East Park Square Marietta, GA 30090-9637
Colquitt County Judge Richard Kent P.O. Box 1654 Moultrie, GA 31556-1654
Juvenile Courts
Clayton County Assoc. Judge Steve Teske
Cobb County Assoc. Judge Sallie Walker Paist
Gwinnett County Assoc. Judge William F. Brogdon Gwinnett Justice & Admin. Center 75 Langley Drive Lawrenceville, GA 30045
Probate Courts
Lincoln County Judge Kimberly L. Murdoch
Magistrate Courts
Bartow County Assoc. Judge Earle Hale 135 W. Cherokee Ave. Cartersville, GA 30120
Clayton County Judge Tom Salter e-mail address: "BMl"JSalterl ll@aol.com

Cobb County Judge T.O. Sturdivant Chief Magistrate
Lumpkin County Sr. Judge J.D. Higgins
Judge William Mundy Fax: 706-867-8643
McDuffie County Judge David B. Moore

Assoc. Judge Emory Bazemore
City of Doraville Judge Edward Scott Carter
Recorder's Court of Gwinnett County
Zip code: 30045-6900
District Attorney
Tallapoosa Circuit Dallas, GA 30132

Putnam County Judge Sylvia S. Huskins P.O. Box 3368 Eatonton, GA 31024-3368 706-485-2411
Screven County Judge Diana Lamb P.O. Box 345 Sylvania, GA 30467 912-564-7375 Fax: 912-564-5618
Municipal Courts
City of Bloomingdale Judge Tom Edenfield P.O. Box 10124 Savannah, GA 31412 912-234-1568

U.S. Bankruptcy Court (Middle District)
Judge John T. Laney Suite 309 One Arsenal Place 901 Front Street Columbus, GA 31902
Court Administrators
State Court of Cherokee County Lynn Epps P.O. Box 1434 Cumming, GA 30028 770-720-6345
Catoosa County Juvenile Court Tammy M. Hardin P.O. Box 1600 Ringgold, GA 30736 706-935-4901

Updated "Guide to Georgia

Courts" Available

THE GEORGIA COURT SYSTEM

The revised and updated version of the "Guide to Georgia Courts" is available from the AOC. The brochure provides a detailed summary of appellate and trial court jurisdiction. A schematic diagram shows the organizational structure of the state, county and local court systems with appellate routes.
To request copies, contact Ashley Stollar at 404-656-6783.

From the Director (continuedfrompage 2J

assistance on a regional basis. Our great loss; their great gain. I hope soon to tell you about other new and exciting services that are now in the works.
And finally, we're putting our own house in order by bringing new talent aboard, reassigning some in-house duties and functions, and developing procedures for internal governance and administration. The new talent includes Jay B. Martin (Chief Deputy), Cynthia H. Clanton (Grants), Ashley G. Stollar (Publications & Communications), Yvonne D. Gholston (Research Administrative Assistant), and Angelina McQueen (Receptionist). The very talented Gregory W. Arnold will soon become our new Web Master, Billie Bolton has taken charge of a revitalized Publications and Communications department, Jim Jester now heads the Child Support Order Registry, Leslie Johnson has expanded her duties on behalf of the Board of Court Reporting,

and Marla Moore has assumed staff support for the Council of Municipal Court Judges. We've developed and implemented a Mentoring and Evaluation Program for AOC staff, just completed a comprehensive AOC Personnel Manual, and will soon begin work on an AOC Human Relations Manual (pay & positions).
In closing, let me reaffirm here what I've said to many in private: the AOC is a service organization. Whether it's finding grant money, producing publications, creating and maintaining web pages, conducting research, administering budgets, or providing other services properly within our statutory charter, WE WANT YOUR BUSINESS. I encourage anyone seeking assistance from the AOC, or dissatisfied with the assistance provided, to call me directly at 404-656-5170; email langeg@AOC.courts.state.ga.us. Hope to hear from you soon.

ffeorgia Courts Jour!Ud
Administrative Office of the Courts 244 Washington Street, S.W., Suite 550 Atlanta, GA 30334-5900
ROBERT BENHAM
Chief Justice
GEORGE LANGE III
Director
BILLIE BOLTON
Assistant Director, Communications
ASHLEY G. STOLLAR
Editor/Graphic Design

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