Council of State Court Judges newsletter [Vol. 7.5, no. 1 (Spring 2001)]

Council of
State Court Judges
Newsletter

Volume 7.5, Issue 1

Spring 2001

Spring Conference 2001

Congratulations

May 9-11 (Wednesday - Friday) Jekyll Island

It's time for the Council of State Court Judges' Annual Spring Conference. As in past years, it will be held at the lovely Jekyll Island Club Hotel. If you are a member of a Council committee that is meeting at Jekyll, please check the schedule as you may be requested to come on Tuesday, May 8th for a meeting. Much thanks to Judge McLaughlin (Education Committee Chair), Judge Peppers

(Entertainment Committee Chair), Patty Henning (Jekyll Island Club Hotel), Rich Reaves (Institute for Continuing Judicial Education) and others for their hard work in bringing this opportunity to you. If you have not made plans and wish to attend, please immediately contact Rich (ICJE) at 706-542-7491 and then the Jekyll Island Club Hotel at 800-535-9547 for reservations at the Council rate.

State Bar 2001 Annual Meeting
Council of State Court Judges Appellate Reception

Justice Fletcher
The Council wishes to extend its heartiest congratulations to Presiding Justice Norman S. Fletcher of the Georgia Supreme Court who has recently been chosen as the Court's 27th Chief Justice. Our thanks go out to Chief Justice Robert Benham who will resume normal Justice duties after honorably serving in this position.

From June 13-17, 2001, the State Bar will be holding its Annual Meeting at the Kiawah Island Resort on Kiawah Island, South Carolina. It is essential that the State Court have a presence at this meeting.
There will be meetings for the State Court, and the Council will be hosting the "Council of State Court Judges Appellate Reception" for the Georgia Supreme Court and Georgia Court of Appeals from 5:00pm-7:00pm on Wednesday evening, June 13th at the Tennis/Pool Clubhouse at the East Beach Tennis Center.
YOUR ATTENDANCE IS ESSENTIAL FOR THE COUNCIL AND STATE COURT!!!
Whether or not you plan on attending the entire Annual Meeting, we need to

have as many State Court judges as possible attending the Appellate Reception!!!
Each Council member should have received an extensive brochure from the State Bar. If you have not already registered and made reservations, please do so immediately as the resort reservation deadline is May 11th. If you do not have the brochure or have any questions, please call the State Bar at 404-527-8700 or 800334-6865.
Furthermore, it is CRITICAL, if you are attending, that you let Stephan know immediately at the Council Office, by fax or phone, if necessary, as the Executive Committee needs the complete list of State Court judges attending to properly plan for the Appellate Reception.

What's Inside

Spring Conference Legislative Update Council Committee Updates National Judicial College Judge for the Day Centralized Clerk Project State Court Caseload Supreme Court
Commission on Equality New Judges Orientation

pg 2 pg 3 pg 3 pg 4 pg 6 pg 7 pg 8
pg 9 pg 10

Please Recycle

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Spring Conference 2001

State Court Judges Newsletter

Committee Meetings
Tuesday, May 8, 2001 1:00 pm 1:50 pm Case Counting Standards Crane Library Workload Assessment Steering Committee
2:00 pm 3:30 pm Strategic Planning DuBignon Room
4:00 pm 5:15 pm Legislative Crane Library
4:00 pm 5:15 pm Education Room 4106
Wednesday, May 9, 2001 9:00 am 10:30 am Executive Committee Breakfast Alexander Room
11:30 am 12:15 pm County Probation Federal Reserve
12:30 pm Main Program Begins
Directory to be Updated at Seminar
Yes, that means it's picture time!
Be prepared to sit up straight and be accounted for as the Council attempts to update our existing
Directory at the Spring Seminar.

Agenda
Wednesday, May 9, 2001 12:30 pm - 1:20 pm Legislative Update: New Statutes Judge Ron Ginsberg, Chatham County
1:30 pm - 2:20 pm Sentencing: Philosophy, Norms & Alternate Practices Judge Fletcher Sams, Fayette County
2:30 pm - 3:30 pm Business Meeting
3:40 pm - 4:15 pm Premises Liability: Part I Judge Jack Goger, Atlanta Judicial Circuit
4:25 pm - 5:00 pm Premises Liability: Part II
7:00 pm Council Dinner (Veranda & Hall of Mirrors)
Thursday, May 10, 2001 8:00 am - 8:50 am Review of Evidence in Georgia Prof. Paul Milich, Georgia State Law School
9:00 am - 9:50 am Review of Evidence (continued)

10:10 am - 11:00 am Review of Evidence (continued)
11:10 am - 12:00 pm Review of Evidence (continued)
12:00 pm - 1:30 pm Group Luncheon & Report of Awards Committee
1:30 pm - 4:30 pm Optional Program (to be determined) Annual Spring Golf Tournament
Friday, May 11, 2001 8:00 am - 8:50 am Update: Civil Case Law Judge Rusty Carlisle, Cobb County
9:00 am - 9:50 am Update: Criminal Case Law Judge Ben Studdard, Henry County
10:10 am - 11:00 am Jury Modernization: national Jury Trial Innovations Project Attys, TBA, IADC Foundation
11:10 am - 12:00 pm Jury Modernization (continued)
12:00 pm - Enjoy beautiful Jekyll Island and have a safe trip home!

Bring your appetite for the Council Dinner Wednesday, May 9, @ 7pm

Testimonial from Past Golf Tournament Participant
"While I have the greatest respect for Judge Peppers as a jurist, all of this talk about his great golf game is a bunch of hog
wash.I would be more than willing to spot him 5 strokes and he will still
end up choking on my dust."
Vince Harris

Don't Forget Your Golf Clubs!
The Council's Annual Spring Seminar Golf Tournament will take place on Thursday, May 10. Contact Judge Donny Peppers today to reserve your spot on the course --
706-638-1664.

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Legislative Session 2001

The 2001 session of the Georgia General Assembly ended on Wednesday, March 21, 2001. This session was particularly noteworthy for the change brought about in the State Flag. Among other items, Henry County (Judge Studdard) has a new State Court Clerk due to HB 758 and SB 57 created a registry of protective orders as a centralized database. House Bill 569, a piece of legislation that Judge Clayton has been proposing and on which Judge Slaby put forth a tremendous effort, was passed. This legislation, which is critical to the orderly running of the Court and to the finality of judgments, changes OCGA 9-11-5, subsection (a) by providing that when a party fails to file pleadings in an action that

notice of entry of judgment will now also be waived. This legislation further clarifies the issue by changing OCGA 15-621 to provide that notice to the attorney(s) of the losing party of your decision shall not be required if such notice has been waived pursuant to subsection (a) of OCGA 9-11-5.
House Bill 678, an effort to standardize maximum fines for speeding and to establish uniformity concerning use of traffic control devices, was passed. Fortunately for the Council, Judge Lawrence, on his stint as Judge of the Day (see accompanying article inside of this issue), did a fantastic job of ameliorating some of the more severe provisions of the originally introduced legislation, which included no limit on the amount of convictions to take advantage of this standardized scale.
The General Appropriations Budget, House Bill 175, was passed providing an

increase of 3.5% to the base salary of a Superior Court Judge. This increases the base salary of a Superior Court Judge to $109,645.44 as of October 1st, 2001 for those State Court judges tied in. The Council also received a financial boost with an over $68,000 increase in funding. Much thanks goes to the fiscal office at the Administrative Office of the Courts who was most helpful in the submission of our request.
This is just a brief glance at some of the legislation affecting the State Court that was introduced this past legislative session. Judge Ginsberg, Chair of the Legislative Committee, will fill you in on all of the legislative issues affecting the State Court at the Legislative Update on Wednesday, May 9th at Jekyll Island. You may also contact Stephan, at the Council, for this update if you cannot attend the Conference.

Council Committee Updates

During this winter, many Council committees have continued to work on your behalf:

The Education Committee, chaired by Judge McLaughlin

The Workload Assessment Steering Committee, chaired by

(DeKalb), met to go over the Spring and Fall conference sched- Judge Prodgers (Cobb), discussed options for the State Court

ules while the Legislative Committee, chaired by Judge

Workload Assessment Model while the Strategic Planning

Ginsberg (Chatham) convened to discuss pending legislation

Committee, chaired by Judge Lawrence (Clarke), discussed long

during the General Assembly.

term Council issues.

Judges Carney (Bryan), Thompson (Fulton), and Ginsberg (Chatham) at the Legislative Committee Meeting

Judges McDuff (Cobb), Adams (Bibb), Cook (Gwinnett), Doremus (Candler), and the Committee's specially invited guest McLaughlin (DeKalb) at the Strategic Planning Committee Meeting.

Judges Slaby (Richmond), Newkirk (Fulton), Hamil (Gwinnett), Gillis (Treutlen), Adams (Cobb), and Carney (Bryan) discuss statutory matters.

Judges Richardson (Houston), Lawrence (Clarke), Little (Troup) Purdom (DeKalb), and Salter (Dougherty) discuss strategic planning matters.

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State Court Judges Newsletter

National Judicial College

The following courses are being offered this summer at the National Judicial College, University of Nevada, Reno campus. Interested parties should contact the NJC to confirm course availability and scholarship eligibility. Certain requirements must be met for scholarship consideration. Scholarships may cover

tuition and air fare with maximum travel allowance at $450. Participants must use an authorized NJC travel agency when using funding for travel.
A completed course registration form must be received by the NJC in order to be considered for scholarships. Early Registration is advised for course and

scholarship availability. For more information on eligibility
please contact Nancy Copfer, Communications Specialist/Scholarships at (800)255-8343, (775) 784-6747, or by email: copfer@judges.org
See application on the next page.

May 14-25, Administrative Law: Fair Hearing, Reno, NV May 14-25, Special Court Jurisdiction, Reno, NV May 14-25, Special Court Jurisdiction, Reno, NV May 21-25, Handling Capital Cases, Reno, NV June 17-22, Current issues in Family Law, Litchfield/Scottsdale, AZ June 17-22, Conducting the Trial, Litchfield/Scottsdale, AZ June 24-29, Effective Caseflow Management, St. Petersburg, FL June 24-29, Dispute Resolution Skills, St. Petersburg, FL July 9-13, Judicial Writing, Reno, NV July 9-13, Criminal Evidence, Reno, NV July 9-27, General Jurisdiction, Reno, NV July 16-20, Advanced Evidence, Reno, NV

July 23-27, Logic and Opinion Writing for Administrative Judges, Reno, NV
July 23-27, Scientific Evidence and Expert Testimony, Reno, NV July 23-27, Managing the Complex Civil Case, Reno, NV July 29-August 3, Civil Mediation, Reno. NV August 5-10, Survival Skills for the Domestic Relations Judge,
Concord, NH August 5-10, Decision Making, Concord, NH August, 12-17, Essential Skills for the Appellate Judge, Reno, NV August 13-17, Great Issues in Law as Reflected in Literature,
Ashland, OR August 13-17, Computer Uses for Judges, Reno, NV August 13-17, Constitutional Criminal Procedure, Reno, NV

Council District Updates

As you probably know, the State has been divided into districts. This internal organization was adopted at the Fall 2000 Conference in Brasstown Valley to facilitate more participation by State Court judges in the workings of the Council.

The following District Chairs have been elected:

District 1 (Coastal) District 2 (Southeastern) District 3 (Southwestern) District 4 (Western) District 5 (Eastern) District 6 (Northeastern) District 7 (Atlanta) District 8 (Northwestern)

Judge Fowler Judge Douglas Judge Salter Judge Adams (Bill) Judge Hamrick Judge South Judge Newkirk Judge McDuff

Among other items of interest:

District 4 has set up an excellent internal, e-mail communication system. This has allowed beneficial and efficient discussion of numerous legal issues.

District 6 has been working on some excellent public service ideas.
District 7 had the honorable Judge Ellington, our former member from Treutlen County, speak at their meeting.
New Executive Director
It is a privilege and a pleasure to be the new Executive Director of the Council of State Court Judges. I originally came to Georgia to attend
Emory University. Upon graduation, I joined the Georgia National Guard. After completing Basic Training and other military schooling, I attended law school at the University of Georgia. Upon graduation, I practiced in Marietta and then moved to Orange County, California to run a Printing, Marketing and Sales Consulting business. My wife Gail, who attended Briarcliff High in Atlanta, and I have been married for almost 6 years and we are the proud parents of Liam, our 7 month old son. We recently returned to be Stephan J. Frank closer to her family. I continue to serve as a Captain in the United States Army Reserve, and as your director, I intend to work diligently to maintain the admirable reputation that the State Court and entire Judiciary have earned. I am here to serve so please feel free to call for any assistance.
Stephan J Frank, Executive Director Council of State Court Judges 244 Washington Street, Suite 300; Atlanta, GA 30334 404-463-6296/Fax 404-463-0844/E-mail franks@aoc.courts.state.ga.us

State Court Judges Newsletter

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State Court Judges Newsletter

Judge For The Day Wrap-Up

Even though your particular county commission handles many issues, the Georgia General Assembly (State Legislature) has a significant effect on us. Not only is approval of the legislature (through local legislation) needed for creation of State Court judgeships, but also legislation is acted upon which directly affects the State

Court. Issues legislated that affect us run the gamut from jurisdictional to substantive legal to personal entitlements and benefits (e.g.: retirement). As a result, we have the "Judge for the Day" program to enhance our presence during the legislative process. The legislature meets annually for 40 working days and usually con-

venes in early January and adjourns in mid-March.
Thanks to all the Judges who volunteered their time and to Judge Ginsberg and the Legislative Committee! Your participation has been essential to the betterment of justice through a strong State Court system and Council.

Judge Carney ( Bryan) and Rep. Ann Purcell.

Stephan Frank, Judge Gober (Cherokee), Sen. Phil Gingrey, and Pam Collins, Cherokee CASA (County Appointed Special Advocate).

Judge Campbell (Elbert) and Rep. Tom McCall.

Judge Cole (Fulton) and Sen. Connie Stokes.

During his visit as Judge for the Day, Judge Dickinson (Forsyth) discusses court issues with Cynthia H. Clanton, AOC.

Judge McLaughlin (DeKalb), Rep. Stan Watson, and Julie "Ice" Koob, Georgia Commission on Family Violence

Judge Castellanos (Cobb) and Rep. Rich Golick.

Judge Lawrence (Clarke) and Rep. Louise McBee.

Judge Adams (Bibb) and Rep. Robert Reichert.

Judge Cranford (Coweta) and Sen. Mitch Seabaugh.

Judge Wynne (Hall) and Reps. Clint Smith, Carl Rogers, James Mills & Pat Bell.

Judge Wynne (Hall) and Sen. Casey Cagle and Sen. Bill Stephens.

Judge Prodgers (Cobb) and Rep. Rich Golick.

Judge Adams (Cobb) and Sen. Phil Gingrey.

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FOR IMMEDIATE ATTENTION -- JUDGES WITHOUT LAW CLERKS:

Centralized Law Clerk Project

Welcome to the inaugural Centralized Law Clerk Project! This project is simply an idea that I had to be of assistance to you and originated upon my discovery that many State Court Judges do not have law clerks. This pilot project is at no cost to you, your county or the Council and is available to the judges that do not have law clerks! The interns will work out of cubicles set up outside of the Council office. They will be getting phones, computers and have daily access to the excellent law library downstairs. They will be available from Tuesday, May 22nd through Thursday, July 26th (excepting holidays).
The way I visualize this project working is:
You communicate directly with the intern about your issue as if he/she was your law clerk. Details needed include: a. The issue you want researched and exactly what you are looking for; b. What output/format do you wish; i. Written brief or memo; ii. Just call or e-mail me with the answer; iii. Just fax me the relevant cites/statutes,
etc.; c. Deadline for final answer along with a guesstimate on how long it should take a first year law student to take care of this (while realizing that they also have obligations to other judges); d. Any information to get started; e. Case (parties, type of case and type of issue) it pertains to for record keeping and possible future bench book purposes.
Conceivably, you could even be on the bench trying a case and telephone in an immediate need request. Since the interns will not have their e-mails or phone numbers until after they start, please e-mail, phone or fax your request to me, and I

will get them started. I will set up their exact work hours according to their particular traffic "battles" each day, but they will generally be available during most normal office hours.
Be aware that most or all of the interns will have only completed their first year in law school (although each intern will have completed legal research and writing). While I will not warrant their work, let me point out the following: 1) you are getting this at no charge; 2) this is just a first step to support you in your substantive administration of justice as a State Court Judge; 3) I worked hard to select the brightest of the applicants; 4) should they foul up an issue, they might at least save a lot of foundational research work by giving you a head start in the right direction; and 5) there are probably numerous issues that they will handle properly which should save you much time and trouble and make the project a success.
Please also remember, as they do not know your particular personality and having only completed their first year in law school, that they might need to call back a few times with questions (even relatively simple ones) as they come up. Please accommodate them as they are only trying to help you out. If it gets excessive or otherwise becomes a problem, please let me know and I will take care of it.
Furthermore, if we get too many requests or if requests consume too much time, we will have to prioritize and some might not be able to be handled. Again, please bare with it as this is the first time something like this is being attempted. Just as important, please do not hesitate to call, as I want this to be of service to you. Also remember that requests need to tail off towards mid-July, as their last day will be Thursday, July 26th.

If you have suggestions, please let me know, as I am here to serve you and have instituted this project for that very purpose. Should this project be successful, I will make every effort to continue and improve upon it.
All About the Council
The Council would like to express its sincerest condolences to Judge Mikell on the loss of his mother, Judge South on the loss of her aunt and both Judge Peppers and Judge Cook on their recent losses.
Judge Forsling will be speaking on Public Trust and Confidence in the Judiciary to lawyers attending the Continuing Legal Education program "Civil Litigation For Younger Lawyers" in Atlanta on April 27th.
When you speak of Judge Campbell in Cobb County, you will now have to specify either Nancy or Bridget, as both honorably serve on the Division II bench (and no, Judge Richard Campbell, Elbert County, is related to neither)
Stephan will be performing his annual military training from June 8-23. Although Stephan will be checking the answering machine as "Uncle Sam" allows and may have someone to cover (who will probably not be experienced with the Council), please try to make any substantive or detailed requests before or after these dates. Could someone also please call Uncle and ask him why he makes me do so many pushups?
If you have information about yourself or your fellow Council members, please call Stephan at the Council to let him know for future editions of the newsletter.

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State Court Caseload

State Court Judges Newsletter

State Court reporting is dependent on voluntary submission of information by the clerk of court.
In 1999, 53 of the 68 counties reported (78%) compared to 58 of the 68 counties (85%) in 1998.
Traffic cases were 68% of all reported cases, compared to 60% of the cases reported in 1998.

In 1999, courts disposed of 552,435 of the 622,150 (89%) filed cases, compared to 553,140 of the 712,029 (78%) of disposed cases in 1998.
The decrease in open cases from 131,984 in 1998, to 87,002 in 1999, represents a decrease of nearly 34%. This decrease may be the result of some of the larger counties not reporting open caseloads.

State Court Case Filings 1999
by case type with percentages
Civil 16.07%

Traffic 67.74%

Misdemeanor 16.19%

1995 1996 1997 1998 1999

Total Cases Filed in the State Courts 1995 - 1999

131,984 107,628

0

200,000

622,150 552,435

87,002

553,140

712,029

700,175 611,119

584,843 438,902
605,025 483,008

73,841 81,367

400,000

600,000

800,000

Filings Dispositions Open

*This information was previously published in the March 2001 Research Review published by the Administrative Office of the Courts.

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Supreme Court Commission on Equality

The Supreme Court Commission on Equality's objective is to address concerns related to prejudice or bias in Georgia's court system. The Supreme Court of Georgia has charged the Commission on Equality to:
1. Formulate an 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 equality programs designed for professional and lay audiences; 4. Serve as a resource to the media; 5. Propose legislation needed to further the aims of the Commission; 6. Facilitate a plan to educate the public about the dynamics of the cycle of domestic violence, resources for victims and protections available under Georgia law; 7. Develop a mechanism for the processing of complaints received about judges' and lawyers' biased behaviors; 8. Work 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.
We are very fortunate to have Judge Purdom as our State Court representative to the Commission. The Commission meets monthly to explore equality issues, evaluate progress, and develop new projects.
Recent Projects of the Commission on Equality People's Law Schools - offers a series of courses over 8 weeks for minority community members to learn more about the justice system and Georgia courts. Currently there are People's Law Schools for the Hispanic and Chinese communities. Plans have been made to expand classes for the Korean and Japanese communities.
Bailiff's Training Video - provides bailiffs with an orientation to courtroom procedure, a synopsis of daily tasks and responsibilities, and tools for positive interaction with diverse court users.
Public Hearing on Bias in Georgia's Justice System - gave an opportunity for

members of the general public, community advocates, state and local governments, attorneys, and others to discuss issues of bias in the courts. The Commission on Equality and the Commission on Public Trust and Confidence will sponsor public hearings in each Judicial Administrative District throughout 2001.
Continuing Legal Education Seminars the Commission sponsored three Continuing Legal Education seminars during 2000: Cultural Aspects of Domestic Violence Cases, Domestic Violence in a Changing Society, and Administering a Civil Pro Bono Project.
Interpreter Certification Program - offers an on-line Registry of Foreign Language Interpreters and training session required for certification. More than 450 interpreters are registered with the Program, providing services in 38 languages.

Chara Jackson, Commission Director

Justice Carol Hunstein, Commission Chair

Judge Wayne Purdom (DeKalb), our Commission representative, shown here working on Pro Se Committee work with Judge Jeannette Little (Troup).
Note: The Commission is proposing a tentatively approved Rule on the Use of Interpreters for Non-English Speaking Persons. You should have received the materials in the mail, and you will be briefed on this issue at the Spring Conference.

New Judge Orientation

The Council held its annual New Judge Orientation in Athens from January 24-26. Over three days, new judges learned about a variety of topics, ranging from Managing the Courtroom to Case Management to Sentencing among others. During the evenings, the new judges and their seasoned instructors were able to get together in a more relaxed environment for some tasty dinners. The new judges were also able to meet other members of the Council, such as Judge Lawrence, as well as members of the staff.
New judges who attended were Judge Penny Brown Reynolds (Fulton), Judge Malcolm Bryant, Jr. (Toombs), Judge Bridget Campbell (Cobb), Judge Richard Campbell (Elbert), Judge Jerry Daniel (Burke), Judge David Dickinson (Forsyth), Judge Sid Esary (Spalding), Judge Alan Jordan (Cherokee), Judge

Gary Mikell (Bulloch), Judge Larry Mims (Tift), Judge Robert Thomas (Miller), Judge Robert Wommack, Jr. (Washington) and Judge Charles Wynne (Hall). Judge Pam South (Gwinnett) is also new to the bench and Council, but was not able to attend due to her recent loss.
Much thanks to Judge Little, Chair of the New Judge Mentoring Committee, and Rich Reaves, Director of the Institute for Continuing Judicial Education, who both put a lot of time and effort into organizing this event and making it such a success. Our further appreciation goes out to Judges' Brogdon, Carbo, Cook, Fuller, Little (again), Newkirk, Robins, Salter, Sams, Todd and to Mr. Rich Reaves (again) who took time out of their busy schedules to instruct at this orientation.

Council of State Court Judges
244 Washington Street, Suite 300 Atlanta, GA 30334
EXECUTIVE COMMITTEE
JUDGE JACK CARNEY President Bryan County
JUDGE LEON BRAUN, JR. President-Elect Liberty County
JUDGE ORION DOUGLAS Immediate Past President Glynn County
JUDGE MELODIE CLAYTON Secretary Cobb County
JUDGE CARLTON VINES Treasurer Chattooga County
JUDGE DAVID FULLER Member-at-Large Gwinnett County
JUDGE BRENDA COLE Member-at-Large Fulton County
STEPHAN J. FRANK Executive Director
ASHLEY G. STOLLAR Graphic Design