Beyond the February 2007 Courtroom Vol 1, Issue 1 The Official Newsletter of Committee on Access and Fairness in the Courts From the Chair It is my honor to chair the Georgia Committee on Access and Fairness in the Courts, and it is with great pleasure that I introduce our new quar- terly newsletter. I am very proud of the Committee's work and hope this newsletter will let other branches of the judiciary know about the resources we have Presiding Justice available. Carol W. Hunstein The Georgia Commission on Equality was created in 1995 as the implementation Commission for the recommendations of the Commission on Gender Bias in the Judicial System and the Commission on Racial and Ethnic Bias in the Judicial System. In 2004 it was renamed the Georgia Committee on Access and Fairness in the Courts to reflect its broadening efforts to make the system more "user friendly" to all segments of the population. Sometimes prejudice is conveyed unintentionally through our choice of words. It is often expressed in such subtle ways that the speaker is unaware of the behavior; therefore, the Committee makes available a Guide to Bias Free Communication. We also revised and updated the Court Conduct Handbook originally published by the State Bar's Committee on Women and Minorities in the Profession. The Committee partnered with the Georgia Institute on Continuing Judicial Education to produce Diplomats in a Multi-Cultural Society, a training video for court bailiffs. The video not only provides orientation on court procedures but trains new bailiffs in positive interaction with court users. In addition, we published Let Justice Be Done, a video and teaching guide designed to raise the sensitivity of Judges and other leaders in the judiciary to the more subtle forms of gender and racially biased behavior. The Commission on Gender Bias found that fear of the system and lack of training for law enforcement and prosecutors resulted in under reporting of sexual assault cases. Few reports resulted in arrests. Victims feared being blamed for their own victimization. In response to those findings, the Committee spent the two years examining the legal system's treatment of victims and published: The Georgia Justice System's Treatment of Adult Victims of Sexual Violence: Some Problems and Some Proposed Solutions. The Commission produced a Spanish language, video version of the required seminar for divorcing parents, Padres del Divorcio: Divorcing Parents. It was through the work of the Committee that the Georgia Commission on Foreign Language Interpreters was formed. We publish A Meaningful Opportunity to Participate which is a handbook for making courtrooms accessible to individuals with disabilities and to bring our buildings into compliance with the Americans with Disabilities Act. We also maintain a list of qualified American Sign Language interpreters. All of the above publications may be obtained from the committee by calling 404 463 3927 or by visiting our website at http://www.georgiacourts.org/ agencies/gcafc/index.html. In 1907 former Chief Justice Evans Hughs said that "the judiciary is the safeguard of our liberty and of our property under the Constitution." The Committee on Access and Fairness is committed to helping our courts do so regardless of race, creed, color, gender, age, disability, sexual orientation, ethnic background or national origin. What's Inside... Committee Members . . . . . . . .2 Minutes . . . . . . . . . . . . . . . . . .3 GCAFC History . . . . . . . . . . .5 Featured Committee Member: Carrie Baker . . . . .6 Color of Justice . . . . . . . . . . . .7 2007 Calendar . . . . . . . . . . . . .8 Upcoming Events . . . . . . . . . .8 Committee on Access and Fairness in the Courts Presiding Justice Carol W. Hunstein, Chair Supreme Court of Georgia 523 State Judicial Building Atlanta, GA 30334 404-656-3475 Dr. Carrie Nichols Baker P.O. Box 490053 Mount Berry, GA 30149-0053 706-238-7975 Judge James Bass, Jr. Superior Court, Eastern Judicial Court 421 Chatham Courthouse 133 Montgomery Street Savannah, GA 31401 912-652-7154 Ms. Kali Wilson Beyah, Esquire Kilpatrick Stockton, LLP 110 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 404-815-6476 Mr. William "Ned" Cannon 2104 Chastain Drive Atlanta, GA 30342 478-258-0017 Ms. Frances Finegan, Esquire 101 Franklin Court Decatur, GA 30030-2920 678-358-6639 Ms. Teresa Garcia, Esquire Law Office of Teresa M. Garcia 1479 Brockett Road, Suite 200 Tucker, GA 30084 770-723-0900 Professor Bernadette Hartfield Georgia State University College of Law P.O. Box 4037 Atlanta, GA 30302 404-651-2056 Judge Steve C. Jones Superior Courts, Western Judicial Circuit P.O. Box 1623 Athens, GA 30603 706-613-3781 Ms. Gwendolyn Keyes Fleming District Attorney, Stone Mountain Judicial Circuit 556 N. McDonough Street Decatur, GA 30030 404-371-0627 Ms. Linda Klein, Esquire Gambrell and Stolz Suite 1600 3414 Peachtree Road NE Atlanta, GA 30326 404-221-6530 Ms. Felicia LeRay, RN, Esquire Morris, Manning & Martin 3343 Peachtree Road, Suite 1600 Atlanta, GA 30326-1044 404-504-7648 Ms. Maria Tsagaris, Esquire 3296 North Embry Circle Atlanta, GA 30341 770-723-0900 Judge Barbara Mobley DeKalb County State Court Suite 3230 556 N. McDonough Street Decatur, GA 30030 404-371-2300 Mr. John A. Moore, Esquire Powell & Goldstein, LLP One Atlantic Center, 14th Floor 1201 W. Peachtree Street NW Atlanta, GA 30309-3488 404-572-6916 Judge Wayne Purdom Dekalb County State Court Suite 3220 556 N. McDonough Street Decatur, GA 30030 404-687-7180 Judge Nina Radakovich 673 Edinboro Road, NW Atlanta, GA 30327 404-658-6971 Judge Brenda Weaver Superior Courts, Appalachain Judicial Circuit P.O. Box 545 Jasper, GA 30143-0545 706-253-8729 Mr. William K. Whitner, Esquire Paul, Hastings, Janofsky & Walker, LLP Suite 2400 600 Peachtree Street, NE, Atlanta, GA 30308-2222 404-815-2400 Judge Nelly Withers DeKalb County Recorder's Court 3630 Camp Circle Decatur, GA 30032-1394 404-294-2635 Judge Alvin T. Wong Dekalb County State Court Suite 2240 556 N. McDonough Street Decatur, GA 30030 404-371-2591 Mr. Robert Ken Woo, Jr., Esquire King & Spalding 191 Peachtree St., NE Atlanta, GA 30303-1763 404-572-4940 Staff Chris Patterson Associate Director of Court Services Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, GA 30334 404-463-3804 Yolanda Lewis Assistant Director for Judicial Liaison Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, GA 30334 404-656-6412 Silvia A. Gaines Program Manager Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, GA 30334 404-463-3927 Beyond the Courtroom -- 2 -- February 2007 GCAFC History On March 15, 1989, the Supreme Court of Georgia established the Georgia Commission on Gender Bias in the Judicial System, whose recommendations resulted in the 1992 creation of the Supreme Court Committee on Gender Equality for a two year implementation period. On February 1, 1993, the Supreme Court Commission on Racial and Ethnic Bias in the Courts was established for an initial three year period. At the end of their terms, neither group had discharged all of its duties. After careful consideration, the Supreme Court combined the above referenced commissions, and established the Supreme Court Commission on Equality on December 13, 1995. The Commission on Equality is charged with implementing the recommendations made in the Final Reports of the Supreme Court Committee for Gender Equality and the Supreme Court Commission on Racial/Ethnic and Gender Bias in the Courts and developing new initiatives that address racial/ethnic and gender bias and prejudice in Georgia's courts. On January 8, 2004, the Commission on Equality was renamed the Access and Fairness in the Courts Committee. While the mission remains the same, the name change reflects the expanded role of the Commission to address issues of fairness and accessibility, including access for individuals with various forms of disabilities. OBJECTIVES The Supreme Court of Georgia has charged the Commission on Equality to: 1. Formulate and propose guidelines, standards, and procedures to implement the Commission's recommendations; 2. Develop appropriate mandatory judicial and legal education course materials and programs on equality, including appropriate instruction to be included in Georgia's new judge and new lawyer orientation programs; 3. Develop and participate in pro- grams about equality for professional and lay audiences; 4. Serve as a resource to the media; 5. Advise the legislature on legislation needed to further the aims of the Commission; 6. Facilitate a plan that educates the public about the dynamics of the cycle of domestic violence, the resources for victims and the protections available under Georgia law; 7. Develop a mechanism for the processing of complaints received about judges' and lawyers' biased behaviors; 8. Collaborate with the Judicial Nominating Committee to encourage more racial and ethnic minorities, women and men to apply for appointments as judges; and 9. Act as a resource to Georgia law schools in revising teaching and curricula to promote the elimination of biased conduct on the part of attorneys. An Excerpt From the Minutes of the December Committee Meeting State Judicial Building Judicial Conference Room, 5th Floor December 1, 2006 The meeting was called to order at 10:13 a.m. by Presiding Justice Carol Hunstein. She welcomed everyone in attendance including those in attendance via conference call. All participants were asked to introduce themselves. February 2007 Old Business Approval of Minutes Justice Hunstein asked if every- one had reviewed the minutes from the September 15, 2006 meeting and whether there were any corrections. Judge Radakovich asked that the minutes be amended to reflect that she did not participate in the original gender bias public hearings but in the most recent one. Ms. Frances Finegan moved that the minutes be approved with corrections and Professor Hartfield seconded. The motion carried. -- 3 -- NAWJ Annual Meeting Judge Radakovich, Judge Mobley and Ms. Chambliss attended the NAWJ meeting held in Las Vegas during the first weekend in October. Judge Radakovich reported on a program that explored the Japanese/American internment during World War II through the eyes of a young Japanese American girl. Other programs included sessions on ADR, workplace bullying, Title 9 and drugs. continued page 4 Beyond the Courtroom Minutes -- December Committee Meeting cont. Council of State Court Judges' Training Ms. Chambliss and Mr. Mike Galifianakis, Coordinator with the State ADA's Office, conducted disability training for the State Court judges at their recent meeting on Jekyll Island. Ms. Chambliss reported that while attendance was low, the training was successful. The next training session is scheduled for January 19th in Athens at the Georgia Center for the Superior Court judges. Public Hearing - DeKalb County Public Library Judge Radakovich presided and the theme was the deaf experience in the court system. The consensus of the advocates is there is a problem in the courts regarding fairness for the deaf. Other points of contention included: courts not being cognizant of the rights of the deaf; a shortage of interpreters; the lack of accessibility in the court; and the deaf are treated as if they are mentally impaired. Judge Seeliger discussed issues of domestic violence and the prejudice by the jurors of victimizing victims. Public Hearing - Latin American Association Judge Withers presided. Testimony given brought forth the following issues: (1) Access to the courts for individuals with physical disabilities in relation to jury summonses is inadequate. Many persons with disabilities want to appear for jury duty, but do not get the chance. One advocate noted that she has been a registered voter since 1966 and has only been contacted once for jury duty; (2) A reoccurring issue of court-appointed attorneys meeting with deaf clients on too short notice to prepare them for hearings. Lastly, Judge Seeliger Beyond the Courtroom spoke on domestic violence within the Latin American community. Professor Hartfield noted a correction on the summary of this public hearing on page one, first paragraph. "Ariel Ragas" should read "Arnold Ragas." She also reported that she was present at this hearing. Ms. Chambliss advised the committee that transcripts were available for all of the public hearings. Public Hearing - Fulton County Auburn Avenue Research Library Judge Nina Radakovich presided and the theme was domestic violence. Judge Wong reported that several advocates had the same issues regarding timeliness of court and witnesses not willing to come forward. Testimony from domestic violence advocates included the effectiveness of the Domestic Violence Intervention Program; courts sending victims and batterers in the hall to work out their differences; and a suggestion for the Committee to monitor the proposed legislation on shared parenting. Other areas of concern mentioned by advocates were: court and law enforcement personnel are not effectively dealing with batterers; the need for supervised visitation and resources to make this happen; the perception that some individuals manipulate the system to gain an advantage has tainted true victims ability to get resolution in the courts; and concern for the lack of adequate support for teen victims to get assistance navigating through the court system. Finally, Judge Radakovich reported testimony that addressed three issues: courts should remove guns from batterers; batterers get custody as often as victims; and victims need adequate financial assistance to care for the children. -- 4 -- Action Items/Future Dates The next public hearing will be held in Savannah. Possible dates noted were February 24th and March 3rd. Color of Justice Program (COJ) Judge Radakovich informed the Committee that the program was a success. She acknowledged Professor Hartfield for being a fine host. Approximately 15 students from the Therrell High School Magnet Program, eleven panelists and staff from the AOC were in attendance. A scholarship award of $1,000 was presented by Judge Radakovich on behalf of NAWJ to Deah Warren, a Georgia State law student interested in social justice. Ms. Gaines reported survey results that included having more than one school participate at one time, more student participation, more interaction from students with questions for the panelists, and more interaction between students and panelist during lunch. Attorney John Moore and his law firm, Powell Goldstein, LLP, sponsored the luncheon. In planning the program, Professor Hartfield found that students from the Therrell High School Magnet Program have had exposure to law and the judicial system and suggested schools be chosen that have less exposure. She also mentioned that Judge Withers identified schools in DeKalb County that do not have the same opportunities that are presented in magnet programs. Judge Wong informally nominated Judge Withers to be the committee chair of the next Color of Justice Program and Justice Hunstein seconded. (Judge Withers was not in attendance at the meeting.) Ms. Gaines added that Judge Bass would like to see more than one COJ program held per year; he is interested in having one in continued page 5 February 2007 Minutes -- December Committee Meeting cont. Savannah. Judge Radakovich announced there was no limit to how many programs could be held if funding was available and that NAWJ would give $1,000 to any law school who hosted a program. Probate Court Judges/COAG Training Ms. Chambliss and Mr. Galifianakis conducted training for the probate judges in Savannah on November 15th regarding individuals with cognitive disabilities. One of the topics discussed was determining if a person has cognitive disabilities and how to communicate with them. White Paper Ms. Chambliss reported that she, Vanessa Volz and Mike Galifianakis are working to revise the White Paper document to serve as a tool to acquire services and interact with persons with cognitive disabilities. Ms. Chambliss asked the Committee to submit any suggestions. GCAFC Newsletter Ms. Chambliss reported the newsletter will be published in February as an insert to the Georgia Courts Journal. She reminded everyone to submit articles and their suggestions for a name. Articles should be in by January 15th in order to meet the publishing deadline. New Business 2007 GCAFC Tentative Meeting Dates Justice Hunstein asked that everyone review the tentative dates listed behind Tab 6 of the agenda and advise the staff if they would not be available. She encouraged members to attend meetings in person as often as possible rather than via conference call. GCAFC's Program Manager Position Justice Hunstein welcomed Silvia Gaines as the new program manager. She wished Stephanie Chambliss success in her new position and expressed appreciation on behalf of the Committee for her service to the Committee. Denial of Sign Language Interpreter Services for Court Proceeding Justice Hunstein asked about accommodations made in court for the deaf. The judges reported that the county provides and pays for interpreters. Judge Wong noted the only problem he has encountered is when citizens request interpreters on the day of their court proceeding. In such cases, proceedings have to be rescheduled. Judge Wong stated some defendants use lip reading and a notepad to complete proceedings. Judge Weaver explained that usually the attorney or DA's office will notify her administrative assistant at least two weeks in advance of a hearing that an interpreter is needed; thus, giving her ample time to retain one. Judge Weaver added that it is rare for her to need a deaf interpreter; Judge Wong agreed. Justice Hunstein asked the Committee for suggestions on handling the complaint at hand. The complaint, reviewed by Ms. Chambliss, stated that a citizen requested a certified court approved interpreter for her December 4th court proceedings and was advised by the presiding judge that he did not have to provide an interpreter by law. Ms. Chambliss reiterated that O.C.G.A. 24-9-100 mandates the courts provide interpreters for any court for any proceeding. It was decided that Justice Hunstein would contact Chief Judge George F. Nunn of the Houston Circuit about the complaint. 2007 Judicial/Legislative Concerns Funding to continue the Committee's work. A proposal to add two justices to the Supreme Court. A proposal to introduce specific districts for appellate court judges. Custody issues including the presumption of joint custody. A proposal to have elected juvenile court judges. FYI The next Committee meeting will be held at the Latin American Association on January 26th from 10 am-12 noon. Last Remarks Ms. Chambliss expressed her appreciation for the Committee's participation with the public hearings and for the friends she has made during her tenure as the program manager. She looks forward to working with the Committee in her new capacity as the Associate Director for Regulatory Matters, Administrative Office of the Courts. Adjournment A motion to adjourn was made by Judge Wong and seconded by Judge Mobley. Without further discussion or dissent, the meeting was adjourned at 11:40 a.m. Respectfully submitted, Silvia A. Gaines, GCAFC Program Manager February 2007 -- 5 -- Beyond the Courtroom Featured Committee Member: Dr. Carrie Baker Living and working on the world's largest college campus, Professor Carrie Baker has pursued a career path that allows her to raise a family and pursue her interest in the law. Carrie, her husband and their two young sons live in a 90 yearold cabin on the 28,000 acre Berry College Campus Dr. Carrie Baker in Rome that Carrie likens to a national park. Although Carrie has not followed a traditional path to teaching, Carrie is currently the Chair of the Department of Sociology and Anthropology and the Director of Women's Studies at Berry College. In her role as an educator, Carrie is working to preserve the past by documenting the women's movement in the Twentieth Century United States while simultaneously encouraging women to shape the future by participating in government, politics and the judiciary. Carrie traces her interest in women's studies to her undergraduate days at Yale University and to the late 1980's when she was politically active in the women's move- ment. After graduation, Carrie returned to Atlanta where she was born and answered a newspaper ad for a position with the AOC. Ironically, Carrie served as the assistant to the director of the AOC for two years and helped to staff the original Georgia Commission on Gender Bias in the Judiciary, the forerunner to the Committee on Access and Fairness in the Courts. Carrie then attended Emory University where in 1994 she earned a law degree and a Master's Degree in Women's Studies. While in law school, Carrie served as editor in chief of THE EMORY LAW JOURNAL. After a clerkship for Judge Marvin H. Shoob of the U.S. District Court, Carrie was an adjunct legal writing professor at Emory's College of Law for two years. She then earned her Doctorate in Women's Studies from Emory in 2001 while studying women, law and legal reform in the United States. In 2002, Carrie accepted her current assistant professorship at Berry as the Director of Women's Studies. Carrie defines Women's Studies as the broad, interdisciplinary study of women in society. Thus, Carrie values historical documents related to women and is collaborating with researchers at the State University of New York at Binghamton to ensure the gender bias reports from numerous state courts are preserved for future researchers. In addition to her collaborative effort, Carrie is looking forward to the publication of her first book, The Women's Movement Against Sexual Harassment in the United States, in the fall of 2007 with Cambridge University Press. Although Carrie values the historical perspective of the women's movement, she is equally passionate about our future. As a teacher, Carrie challenges her students to care and to think about how their choices and the lives they now lead can change the world. She encourages them to shape change by becoming involved, for example, in government, politics and the judiciary. As a working mother, Carrie is sensitive to the need for balance and speaks with students frequently about having a family and a career. Regardless of their choices, however, Carrie's hope for her students is that they will find their own way in living a meaningful life. Frances E. Finegan, Esquire Beyond the Courtroom -- 6 -- February 2007 The Committee Hosts its First Color of Justice Program On November 4, 2006, the Georgia Committee on Access and Fairness (GCAFC) in conjunction with sponsors: National Association of Women Judges (NAWJ) and Powell Goldstein, LLP, held its first Color of Justice program to provide high school students with an insight into law as a career choice. The one-half day program was held at the Georgia State University College of Law located in downtown Atlanta, Georgia. In attendance were 15 students from the D. M. Therrell High School Magnet program and 11 panelists and staff from AOC. Ms. Stephanie Chambliss served as moderator. Law Professor Bernadette Hartfield extended greetings on behalf of Georgia State University College of Law and Dean Steven J. Kiminshine. Retired Judge Nina Radakovich, a GCAFC and NAWJ member, followed with a brief overview of the Georgia Committee on Access and Fairness in the Courts and the purpose of the Color of Justice program. She also acknowledged the event sponsors. The program was divided into three segments that provided students with an overview of the preparation, commitment and academic requirements needed for a career in law and the judiciary. The segments were: Law as a Career: Preparing the Way; The Color of Justice: A Panel Discussion; and Getting Real with the Bench and Bar: A Luncheon Discussion. During the first two segments, students were provided with firsthand accounts from the panelist of their experiences in choosing colleges, college life, financial aid and subsequent career choices. The students also listened to each panelist discuss the rewarding attributes of their career and the impact serving citizens has had on them. The third segment included a buffet style luncheon and afforded the students individual time with the panelist in small group settings, to ask specific questions and hear in-depth experiences. This was also an opportunity for panelist to motivate the students and help them broaden their career aspirations. At the conclusion of the group discussions, Judge Radakovich, on behalf of NAWJ, presented Ms. Deah Warren, a third year law student from Georgia State University, with a certificate and check for $1,000.00, for outstanding academic achievement and community service. Students and panelist were given souvenirs from the Administrative Office of the Courts and NAWJ. Contact Ms. Silvia Gaines, GCAFC Program Manager, at (404) 463-3927 for additional information or to submit a school for consideration. February 2007 -- 7 -- Beyond the Courtroom PRESORT STANDARD U.S. POSTAGE PAID ATLANTA, GA PERMIT #1880 2007 Meeting Schedule April 20, 2007 State Judicial Building Judicial Conference Room, 5th Floor Atlanta, GA 30334 June 8, 2007 State Judicial Building Judicial Conference Room, 5th Floor Atlanta, GA 30334 August 10, 2007 State Judicial Building Judicial Conference Room, 5th Floor Atlanta, GA 30334 October 12, 2007 State Judicial Building Judicial Conference Room, 5th Floor Atlanta, GA 30334 December 14, 2007 State Judicial Building Judicial Conference Room, 5th Floor Atlanta, GA 30334 Beyond the Courtroom Administrative Office of the Courts 244 Washington Street, S.W., Suite 300 Atlanta, GA 30334-5900 Upcoming Events GCAFC Strategic Planning Session March 9, 2007 Latin American Association 2750 Buford Highway NE Atlanta, GA 30324 Public Hearing March 31st, Savannah, Coastal Georgia Center Color of Justice Program - Albany