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