Council of State Court Judges newsletter [Vol. 7.5, no. 2-3 (Summer/Fall 2001)]

Volume 7.5, Issues 2-3

Council of
State Court Judges
Newsletter
Summer/Fall 2001

IN MEMORIAM
Our heartfelt sympathy goes out to all the victims
and families of the September 11th Terrorist Attack.

Fall Conference 2001

November 14-16 (Wednesday - Friday) Brasstown Valley

It's time for the Council of State Court Judges' Annual Fall Conference. As in past years, it will be held at the lovely Brasstown Valley Resort. If you are a member of a Council committee that is meeting at Brasstown, please check the schedule as you may be requested to come on Tuesday, November 13th for a meeting. Much thanks to Judge McLaughlin (Education Committee Chair), Judge Peppers (Entertainment

Committee Chair), Angel Hatch (Brasstown Valley Resort), 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 Brasstown Valley Resort at 706-379-4604 for reservations at the Council rate.

What's Inside

Fall Conference All About the Council New AOC Director Children & Youth
Coordinating Council Judge for the Day Program Gross Inconsistencies Fuel
Reform in Sentencing Welcome to Bench
& Council

pg 2 pg 4 pg 4
pg 5 pg 6
pg 9
pg 12

Page 2

State Court Judges Newsletter

Fall Conference Committee Meetings
Brasstown Valley Resort Young Harris, GA

IMPORTANT NOTES: 1. ALL Fall Conference attendees need to bring a dress shirt, tie and robe to have their picture taken for our picture directory UNLESS you have already had one taken and given it to Stephan. Unfortunately, the share clothing idea that I had for the Spring Conference at Jekyll Island did not work. It would be best to have at least shirt and tie pictures of Judges rather than sport shirts. We will photograph again at Brasstown between sessions, and I will look to have the directory completed during the winter.

2. All meetings, except New Judge Mentoring, will be held in the Conference Center. The exact room will be posted in the lobby as well as on the meeting door. Last minute arranging by the resort necessitates them not assigning exact rooms this far in advance. 3. Budget Committee Meeting will be sometime on Wednesday. Judge Peppers will be in touch with this committee's members as to exact time and location (Judges Adams [Cobb], Carriere, Ginsberg and Lawrence).

Tuesday, November 13, 2001 12:00pm 1:50pm Case Counting Standards (Judge Cook - Chairperson) [Lunch] Workload Assessment Steering Committee (Judge Prodgers Chairperson)
Judges Adams (Bibb), Carney, Douglass, Hamrick, Lawrence, Little, Majette, McRae, Nelson, Newkirk, Salter
2:00pm 3:20pm Strategic Planning (Judge Lawrence Chairperson) [Snacks]
Judges Adams (Bibb), Braun, Carney, Clayton, Cole, Cook, Doremus, Douglass, Fuller, Little, McDuff, Peppers, Purdom, Richardson, Robins, Salter, Turner, Vines
3:30pm 4:15pm Education (Judge McLaughlin Chairperson) [Snacks]
Judges Cook, Hamrick, Newkirk, Little, Majette, Mock, Robins and Richard Reaves
If your name has accidentally been left off of a particular committee, please call Stephan at the Council office to let him know. Best wishes, and I look forward to seeing you at Brasstown Valley.

3:30pm 4:15pm Legislative (Judge Ginsberg Chairperson) [Snacks]
Judges Adams (Cobb), BrownReynolds, Doremus, Fowler, Fuller, Gillis, Hamil, Newkirk, Peppers, Slaby, Thompson
4:30pm 6:00pm Joint Committee (Savannah type) Meeting (Judge Braun - President) [Snacks]
Executive Committee, key committee chairs and other interested/involved judges already present for another Tuesday meeting
Wednesday, November 14, 2001 9:00am 10:30am Executive Committee Breakfast (Judge Braun - President) [Breakfast]
Judges Carney, Clayton, Vines, Douglass, Cole, Fuller, Adams (Bibb), Fowler, Hamrick, McDuff, Newkirk, Salter, South
10:45am 11:15am Technology/Computer (Judge McDuff Chairperson) [Snacks]
Judges Adams (Bibb), Benefield, Studdard and Todd

11:15am 12:15am Benchbook (Judge McDuff Chairperson) [Lunch]
Judges Benefield and Purdom
11:30am 12:20am Mandatory Continuing Judicial Education (Judge Turner - Chairperson) [Lunch]
Judges Brogdon, Cole, Gross and Richard Reaves
12:30pm MAIN PROGRAM BEGINS FOR THE DAY
5:00pm MAIN PROGRAM ENDS FOR THE DAY
5:00pm 5:15pm New Judge Mentoring (Judge Little Chairperson) [No food] Location is to be the back of the room where the main program has ended
Judges Carbo, Fuller, Glover, Newkirk, Salter, Todd and Richard Reaves [Judges needing orientation are: 1) Reeves (Jenkins), 2) South (Gwinnett), 3) Dettmering (Douglas) and 4) Floyd (Decatur)]

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Fall Conference 2001 Education Schedule
Brasstown Valley Resort Young Harris, GA

Wednesday, November 14, 2001 12:30pm 1:20pm Driver's License Suspension and Reinstatement Neal B Childers, Esq. Department of Public Safety
1:30pm 2:00pm Workload Assessment Model for the Georgia State Court Chris Ryan National Center for State Courts
2:00pm 2:50pm Council Business Meeting
3:10pm 4:00pm The Judge and the Prosecutor: Appropriate Roles and Responsibilities Judge Wendy Shoob Superior Court, Atlanta Circuit J. Tom Morgan, Esq., District Attorney, Stone Mtn Circuit
4:10pm 5:00pm The Judge and the Prosecutor: Appropriate Roles and Responsibilities (continued) Judge Wendy Shoob Superior Court, Atlanta Circuit J. Tom Morgan, Esq., District Attorney, Stone Mtn Circuit
To Be Announced Council Dinner

Thursday, November 15, 2001 8:00am 8:50am Domestic Violence/Family Violence Update Debbie Sullivan, Esq. Assistant District Attorney Rockdale Circuit
9:00am 9:50am Domestic Violence/Family Violence Update (continued) Debbie Sullivan, Esq. Assistant District Attorney Rockdale Circuit
10:10am 12:00am Judicial Campaign Activities and Ethical Considerations in Elections Judge Ed Carriere State Court of DeKalb County, District 7 Judge Warren Davis Magistrate Court of Gwinnett County Cheryl Custer, Esq., Director, Judicial Qualifications Commission
12:00am 1:00pm Council Luncheon
1:00pm 4:00pm Judging & Humanities Immersion: Secrets Never Lie (optional) R. Robin McDonald, Author Fulton County Daily Report Judge Kim Warden Magistrate Court of Fulton County

Friday, November 16, 2001 8:00am 8:50am Evidence ... in the Civil HydroMulcher Case John Marshall, Esq. Powell, Goldstein, Frazer &
Murphy, LLP
9:00am 9:50am Evidence ... in the Civil HydroMulcher Case (continued) John Marshall, Esq. Powell, Goldstein, Frazer &
Murphy, LLP
10:10am 11:00am Evidence ... in the Civil HydroMulcher Case (continued) John Marshall, Esq. Powell, Goldstein, Frazer &
Murphy, LLP
11:10am 12:00am Evidence ... in the Civil HydroMulcher Case (continued) John Marshall, Esq. Powell, Goldstein, Frazer &
Murphy, LLP
HAVE A SAFE TRIP HOME AND A HAPPY HOLIDAY SEASON!!!!!!!!!

1:00pm 4:00pm Golf

Page 4
All About the Council

State Court Judges Newsletter

The Council would like to express its sincerest condolences to Judge Studdard (Henry) on the loss of his father; Judge Mock (Gwinnett) on the loss of his brother and sister-in-law; Judge Braun (Liberty) on the loss of his grandmother; and Judge McLaughlin (DeKalb) on the loss of his close cousin.
We would also like to extend our best wishes to Judge Forsling (Fulton) on a speedy recovery.
Judge Nelson (Evans) authored an outstanding article (which made the cover!) entitled "The Marital Privileges in Georgia: What You Should Know" in the June 2001 edition of the Georgia Bar Journal. Judge Brogdon (Fulton) was the moderator for a panel discussing Trial Techniques in Product Liability Cases during the Institute for Continuing Legal Education's (ICLE) "Product Liability Institute" in Atlanta on May 22nd. As well, he spoke on Ethical Considerations in the Insurance Coverage Dispute to attendees at the ICLE's "Insurance Law Institute" at Saint Simons Island on September 21st. He will also be participating in the ICLE program "Professional and Ethical Dilemmas in Litigation" in Atlanta on November 1st and be speaking on Discovery Abuses in a Premises Liability Case Don't Even Think About It to lawyers attending the ICLE program "Premises Liability" in Atlanta on November 2nd. Judge Mather (Fulton) participated as a panel member on Trial Tactics in Reference to Emergencies during the ICLE program "Urgent Legal Matters" at Sea Island on September 1st. Judges Brogdon (Fulton) and Glover (Cobb) participated as panelists on War Stories with a Point during the ICLE "Bench and Bar Seminar" at the Annual State Bar

Meeting at Kiawah Island on June 14th. Judge Forsling (Fulton) spoke on The Best Interests of our Children to the attendees of Law Day 2001 sponsored by the American Bar Association at the Fulton County Justice Center Tower on May 1st.
The Atlanta Journal and Constitution reported recently that Actor Ben Affleck (star of such movies as "Pearl Harbor" and "Good Will Hunting") was fined $1,114.00 when caught speeding at 114 miles per hour on I-16 through Treutlen County. According to an anonymous source: "He can be quite fortunate that he did not make it a few more miles down the road to Candler County."

Do not be surprised if you get a call from Judge Daniel (Burke) asking for a ride. Recently, an unidentified man came to his office and asked to use the restroom. According to Burke County's True Citizen newspaper, "After he did so and left, Daniel discovered that his Pontiac Grand Am had left as well." Fortunately, it was recovered several hours later.
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.

New AOC Director

Atlanta-- David L. Ratley of Macon

has been chosen by the Judicial Council

of Georgia as the

new director of

the Administrative

Office of the

Courts. The

Judicial Council,

chaired by the

Chief Justice of

the Supreme

Court of Georgia,

David L. Ratley

took this action at

AOC Director

its meeting held

June 13, 2001.

Mr. Ratley has extensive experience

in court administration on the local and

regional levels, having served as

District Court Administrator for the

Third Judicial Administrative District

since December, 1976. In this capacity

he worked closely with judges of the

superior courts and other courts, clerks

of court, and other court personnel on a

wide range of administrative matters.

Mr. Ratley is a past president of the

Georgia Council of Court Administrators, and currently serves on that organization's Executive Committee. He is a graduate of Mercer University and holds a Masters of Public Administration degree from the University of Georgia. Mr. Ratley is also a Fellow of the Institute for Court Management of the National Center for State Courts. A native Georgian, Mr. Ratley is married to Sharon T. Ratley of Macon. He has two adult children and one grandchild.
The Administrative Office of the Courts serves and supports the Judicial Council and the Georgia judicial system. The work of the AOC includes producing annual caseload data for each class of court, annual judgeship study for the superior courts, court-related publications, liaison with judges' councils and coordination of fiscal services for numerous court-related agencies. Mr. Ratley assumed his duties in Atlanta on July 16, 2001.

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Children and Youth Coordinating Council

One of the strongest Council's in Georgia is the Children and Youth Coordinating Council (CYCC). CYCC is charged with administering federal and state grant monies intended to control and prevent juvenile delinquency. This includes assisting local communities in the development of communitybased programs for delinquent and other high-risk youth. CYCC also provides technical assistance and program guidance.
Since 1991 CYCC has administered the Juvenile Justice Training Network that provides free training for juvenile justice field staff and offers courses to law enforcement on topics such as juvenile law, family diversity and federal regulations concerning jail and status offender detention.
CYCC has some of the strongest positive name recognition of any agency in government both for its grants management practices and because of its extensive educational awareness campaign, which focuses on at-risk youth behaviors. The Council has won nine television Emmys for four of its five films and has been nominated for another six for its most recent production, Primary Influence, which focuses on underage drinking enforce-

ment. The film was Georgia's first joint venture production with another state (Alabama), which was authorized by Alabama Governor, Don Siegelman.
The agency is currently in production of a sixth video addressing underage tobacco use. Alabama has also expressed interest in partnering again on this project. CYCC also produces other creative teaching tools such as laminated cards and posters that address Georgia's Statutory Rape Law. Bookmarks and posters for abstinence education programs are also available. Most all creative work provided by the Council is produced in both English and Spanish. Some print materials are also available in Bosnian, Vietnamese, Somalian, Laotian and Korean.
CYCC monitors and tracks all potential state and federal legislation related to children and youth. The Council is charged with advising the Governor's Office and the General Assembly on the potential impact of legislation. CYCC also monitors juvenile courts, adult jails, detention centers and other facilities for compliance with federal regulations and state laws related to the detention of juveniles.
Fern Patterson serves as Chair of CYCC and Dr. Pete Colbenson,

Georgia's Juvenile Justice Specialist, has recently been appointed the new CYCC Executive Director. CYCC's former Executive Director, Judy Neal, retired just a short time ago, but her presence will be felt for quite some time because of the energy she created that fosters creative thinking among the CYCC staff. The agency was attached to the Department of Juvenile Justice April 1, 2001, which will serve as its fiscal agent.
State Court Judge Larry Mims from Tift County was appointed to the Council by Lt. Governor Mark Taylor and reappointed for a term to expire June 30, 2003. He is considered one of the Council's most valuable members.
Judge Larry Mims State Court of
Tift County

Judy Neal Former Executive
Director

PICTURE NOT
AVAILABLE
Dr. Pete Colbenson Executive Director

Fern Patterson Chair

Page 6

Judge for the Day Program

Intro:
1. 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). 2. The legislature meets annually for 40 working days and usually convenes in early January and adjourns in midMarch. a. Judge for the Day will operate on Mondays through Thursdays (excluding holidays and recesses), as Friday is a limited day of business in which most legislators attempt to get back home for the weekend. 3. The goals of Judge for the Day are for you to: a. let all legislators and policy makers (but particularly your county's delega-

tion and others you already have a relationship with) know the Council's positions on introduced legislation and State Court issues in general. b. ensure a State Court presence at key committee meetings (usually Judiciary and Special Judiciary in both the House and Senate), including answering questions and testifying if necessary. c. network in general to enhance the status of the State Court. 4. Your participation is essential to the betterment of justice through a strong State Court system and council.
Procedure:
1. Ensure that you confirm your day with the Executive Director as far in advance as possible and, conversely, let the Executive Director know if there is a problem with an already scheduled appointment. 2. Arrive between 9:00am and 9:30am on your day to meet with the Executive Director at the Council Office. 3. You will be given all of the information that you need for the day's activities, including notes on any positions

State Court Judges Newsletter
taken by the Council, committee meetings, etc. 4. In the morning you will be able to meet with legislators and observe the general session of the House and Senate. After lunch, you will usually attend committee or sub-committee meetings (usually the House or Senate Judiciary or Special Judiciary, but sometimes others). 5. Upon completion of your day, return, you are entitled to submit for reimbursement of your per diem (mileage, lunch and parking).

Georgia Council of Court Administrators 2001 Award of Excellence
State Court of Fulton County E-Filing Process

Much congratulation to Chief Judge A.L. Thompson (Fulton) for his brilliant work on the State Court of Fulton County's Electronic Filing Process! The Process utilizes available technology to effectively manage the filing of thousands of court documents in numer-

ous selected cases. This efficient process allows attorneys access to the court and to file court documents 24 hours a day, seven days a week. This process provides a higher quality of justice to the public by allowing around the clock access to the court and pro-

vides a paperless solution to managing thousands of court records. Chief Judge Thompson and the rest of the Fulton County State Court are ably assisted by Mike Rary, Court Administrator.

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Sign-up for Judge for the Day Program

It is imperative that I hear from you as soon as possible so that I can properly schedule in advance. Please check your calendar, check the appropriate box with accompanying information and fax this sheet back to (404) 463-0844 as soon as possible. The legislature convenes the second Monday in January of each year (which would be January 14th of next year) and is in session for 40 workdays (the 40 days are never consecutive due to holidays and recesses). Just select your choices and, after you are slotted, if there is a recess, I will let you know as far in advance as possible.

_____ I wish to participate in Judge for the Day Program this upcoming legislative session AND will be able to on this date:

First Choice:

________________________ __________ ____________________________________

Month

Date

Day of the week (ensure it matches date)

Second Choice: ________________________ __________ ____________________________________

Month

Date

Day of the week (ensure it matches date)

Third Choice: ________________________ __________ ____________________________________

Month

Date

Day of the week (ensure it matches date)

_____ It would be difficult for me to participate in Judge for the Day Program this legislative session, BUT if you cannot get enough Judges, I will participate (assume if you check this box that you will not participate unless the Executive Director contacts you)

_____ I cannot participate in Judge for the Day Program this legislative session

Once I have put together a schedule (by mid-December), I will confirm and send a map to each one of you who I actually lock into a date. Thank you for your participation and best wishes for a happy and healthy Thanksgiving.

Respectfully Yours, Stephan J Frank, Executive Director

Page 8
Can You Spot the Judge?

State Court Judges Newsletter

One of these hip youngsters is now a State Court Judge in Georgia. Can you spot the judge? Write your guess on the line provided and bring it to the Fall Conference.

State Court Judges Newsletter

Page 9

Gross Inconsistencies Fuel Reform in Sentencing

Author: By Lucinda Dillon, Jenifer K. Nii and Angie Welling Deseret News staff writers

Ask Georgia Judge William F. Todd what first prompted him to pay closer attention to sen-

tences for drunken drivers and he'll tell

you the story of two young brothers and

their cousin.

Todd was straight out of law school

and on the first day of his first job

as assistant district attorney in

Statesboro,

Ga., when

assigned his

first case.

Three elemen-

tary school-age

boys had been

hit by a drunk-

Judge William F. Todd State Court of
Rockdale County

en driver while crossing a country road to get the mail, and

Todd was handed the vehicular homi-

cide case to prosecute.

The boys had just reached the mail-

box when the intoxicated driver crossed

the road and plowed into them. He car-

ried two boys with him into a barbed

wire fence and tossed the third child

over the top of the car. All three died

instantly.

The experience of seeing that early

morning scene shaped the way Todd,

who presides in the State Court of

Rockdale County, Ga., would develop a

program for sentencing drunken drivers

that is being adopted as a model nation-

wide.

"This is something that unless

you've seen something like this it's hard

to imagine," Todd said, thinking back

22 years to details of the case.

"I'll never forget seeing those boys

at the funeral home. The guy's car

came to a rest at that fence, then he tried to drive away and backed up over one of the boys. That one had tire tread marks on his back."
Todd is to whom Utah advocates for stricter laws and sentences for drunken drivers often turn for help and strategies. His program is widely acclaimed and advocates a mixed approach of treatment and punishment, aggressive probation, meticulous research -- and above all -- consistency in sentencing people who drink and drive,
"Judge Todd has done a tremendous amount to move us ahead on the topic of sentencing the drunken driver," said Mary Phillips of the Utah chapter of Mothers Against Drunk Driving.
Todd says his philosophy has evolved over 20 years and dates back to those three boys and another tragic drunken-driving death about the same time.
The man who killed the three boys -- a working class Georgian with previous DUI convictions -- received 18 years in prison, but Todd first noticed abject inconsistencies in the sentencing system in 1980 when he prosecuted another vehicular homicide case where a drunken driver hit a female student at Georgia Southern University.
"He was so drunk he dragged her a long way and didn't even know it," Todd remembered.
The man in the 1980 case pleaded guilty, had a great attorney, was convicted and received probation, according to Todd. When an incredulous Todd shot the judge a challenged look after her sentence was read, "The judge looked at me and said,`What would you have done?'"
"What these cases point out is the disparity," Todd said. "While we don't want to become mechanical in our sen-

tencing, around the county, around the state and around the nation there must be some consistencies on drunk driving."
No question plagues attorneys and judges more than how to properly address the convicted drunken driver. As with many complex issues, myriad opinions exist on the most efficient treatments and deterrents. But comments from judges, attorneys and experts on alcohol treatment interviewed by the Deseret News show the discussion often raises more questions than answers.
Is alcoholism a disease or a crime? When an intoxicated person repeatedly climbs behind the wheel of a car, should he be hospitalized or jailed? Attorneys and judges know the law, but must they also be counselors and psychiatrists as they pair drunken drivers and the best-suited punishment? What is the role of judges to hold offenders accountable and also get them the help they need?
Many attorneys who responded to a Deseret News survey said they believe repeat offenders are a unique breed of drunken driver. They agreed that about 80 percent of DUI cases they handle involve first-time offenders who do not repeat the offense; the remaining 20 percent have multiple arrests or convictions.
They also agree that the 20 percent, which would include people like Utah DUI offender Steven Ray Hudgens, require a different path through the system.
Hudgens had 10 previous DUI arrests when he hit a group of bicyclists in Fruit Heights in May 1999. None was killed, but three were seriously
continued on page 8

Page 10

Sentencing Reform continued

injured. Brian Carlson spent three months in the hospital and a leg was amputated.
Second District Judge Darwin Hansen sentenced Hudgens to up to 10 years in prison. Board of Pardons officials confirm Hudgens has participated in alcohol treatment programs and is scheduled for parole in May 2003.
"In a case like Steven Hudgens, you have an addict," Deputy Davis County Attorney Mike Edwards said. "When you have a non-addict, some jail time can help. It can be a wake-up call."
But the justice system is slowly waking up to the importance of addiction therapy when dealing with repeat DUI offenders. Jail alone simply will no longer suffice, according to Edwards.
"With a lot of the re-offenders, you have addicts, and I don't think that jail is the answer for that," he said. "So, we try to get therapy and try to address the addiction problem."
That notion of "therapeutic justice," according to 2nd District Justice Court Judge Jerald Jensen, also has been manifested in more follow-up time by judges with convicted DUI offenders, the evolution of "drug courts" and a sharpened focus on imposing sentences that balance punishment with rehabilitation.
"The court is much more involved, at least in our court, than it ever has been," he said. "It's a philosophy I've liked. It's more time consuming and requires more effort, but I feel it makes more sense."
Salt Lake's 3rd District Court plays host to biweekly DUI courts, where those charged with misdemeanor DUIs make their first court appearance. Firstand second-time offenders pack the toosmall courtrooms, impatiently waiting their turn in front of the judges.
Of the 17 first-time offenders who

appeared recently in Judge William Barrett's courtroom, eight pleaded guilty and were sentenced on the spot. The remaining nine were either paired up with legal defenders or advised to retain private attorneys before their next court appearance.
The sentence for most of the offenders was the same: complete 40 hours of community service within nine months, complete a substance abuse program within 60 days, a $500 fine and 16 months court probation.
In Todd's view, a large chunk of this sentence -- the community service por-
While the overall
population in
Rockdale County and
judges' caseloads
have tripled in recent
years, DUI
convictions have
declined.
tion "is worthless." "I do believe there has to be both
treatment and rehabilitation, and prompt sanctions," Todd said in an interview from his Rockdale, Ga., office. "There is no one magic thing that will fix a repeat DUI offender -- it's a combination of sanctions that work best."
And with this philosophy, Todd has been the national poster child for tougher drunken driving sentences.
The National Highway Traffic Safety Administration evaluated Todd's program two years ago and compared it

State Court Judges Newsletter
with another Georgia program that generally imposed only the minimum sanctions on people convicted of driving while intoxicated (DWI) as required by state law.
Both programs were judged on the recidivism of those who participated. "The evaluation found that this (Todd's) program was more effective by a wide margin than the sentencing program that imposed the minimum sanctions," the report states. "It was concluded that the Todd program approach to DWI sentencing could be used in other jurisdictions."
Todd was an attorney for 22 years, and most of his time was spent as chief assistant district attorney in Rockdale County, Ga. Mostly, he prosecuted major felony cases of kidnapping and murder, but DUI cases also caught his attention.
"I decided when I became a judge I was going to give careful thought to what I was going to do with DUI offenders," he said. "I want to make people accountable."
He does this through an intricate system of of structuring sentences with an evaluation of facts of a case and a person's previous record.
Toward that end he keeps meticulous records of each DUI conviction and data on a variety of points that include the person's blood alcohol content; whether the offender was driving his own car or someone else's; number of DUIs in this lifetime, and how many in past five years; and age, race, number of dependent children and marital status. He also records the sentence handed down.
He has charted the data since 1993, so he can compare similar circumstances and give similar sentences among offenders.
continued on page 9

State Court Judges Newsletter

Sentencing Reform continued

By many accounts, the program seems to be working.
Democratic Georgia Gov. Roy Barnes has Todd speak to law enforcement officers and judges throughout the state on his behalf.
While the overall population in Rockdale County and judges' caseloads have tripled in recent years, DUI convictions have declined.
And Todd has run for office three times now. In the past election, he received 70 percent of the vote.
"When I started this program eight years ago, the defense bar thought I was too tough, the public didn't know what I was doing -- now other judges are implementing these practices." Tighter legislation is helping, too.
"Georgia is moving in the right direction."
Utah judges are clearly sensitive about their role in sentencing drunken drivers.
Judges in the 3rd District did not respond to a Deseret News survey, forwarding inquiries to the Administrative Office of the Courts. Attorneys with the office stated 3rd District judges were prohibited from commenting on DUI issues by their canon of ethics. Judges in the 2nd District, which includes Davis and Weber counties, were more forthcoming.
Judges and attorneys who did respond to the survey conceded that despite positive changes, the system remains imperfect. But, they said, it works as well as can be expected without demanding more from taxpayers or overloading the courts.
"I don't think our system is perfect," Edwards said. "But it all depends on the angle you're looking at it from. If you're looking at it from a purely punitive perspective, then we probably

fall short. But if you look at it from the perspective of helping the person from reoffending, then it's probably more effective."
From the initial contact by law enforcement officers to the end of a judge's sentence, there are several ways the system is compromised, survey respondents said. Evidence collected by police may be flawed or insufficient; there may be no associated driving offenses (such as erratic driving patterns) to corroborate a field sobriety test result; computer database glitches may not permit authorities to detect prior offenses; judges may craft imperfect
"The `one size fits
all' system does not
fit," Jensen said. "It
never has, and it
never will."
sentences and open the door to further offenses.
Police officers are particularly hard on judges, criticism that doesn't sit well with 2nd District Judge Pamela Heffernan.
In defense of herself and her robed colleagues, Heffernan said, "Every case is so situation specific. In order to do justice in a particular case . . . there are factors that you have to take into account. That may mean giving someone an enhanced or more punitive sentence than someone else. There may be factors that are not openly apparent to the casual observer that are mitigating factors a judge must consider."
Jensen, voted by a majority of respondents from the 2nd District as one of the

Page 11
toughest and fairest judges dealing with repeat DUI offenders, agreed judges have to walk a delicate line. He opposes mandatory sentences, which he said are contrary to the dual purpose -- punishment and rehabilitation -- outlined by the Legislature.
"The `one size fits all' system does not fit," Jensen said. "It never has, and it never will. And that's part of the difficulty. . . . You have to blend the reoffense and the rehabilitation. The problem is the balancing. How far do you go one way or the other?
"The system may not be perfect, but the bottom line is that we have to do everything we can. If we don't, each of us, from judges to prosecutors to the defense bar, we have failed."
Ultimately, Utah judges and attorneys were unanimous in concluding that the responsibility rests with the individual.
"As a citizen, my personal opinion is that it's not fair to expect the justice system to put an end to DUI, because what we're dealing with here is a social problem," Edwards said. "Americans are addicts in a lot of ways. A lot of people are addicted to entertainment, to sugar, caffeine, tobacco, alcohol or drugs. I think that's the broader social problem. We have an addictive society, and DUIs are just a facet of that.
"But my opinion as a prosecutor is that I have to do everything I can to keep DUI offenders from reoffending," he said. "It's my job to try, even though it's probably impossible to stop it."
Please Recycle

Welcome to the Bench and Council

The Council would like to extend a hearty welcome our newest judges: George C. Floyd (Decatur County) and W. O'Neal Dettmering, Jr. (Douglas County) .
Judge Floyd was born in Macon on June 27, 1949, and grew up in Camilla where he graduated from Mitchell County High School. He received a B.B.A. degree with a major in Finance from the University of Georgia in 1971. After serving as a Military Police Officer in the United States Army, he attended law school at the University of Georgia and graduated with his J.D. degree in 1976. He is a member of the law firm of Lambert, Floyd & Conger in Bainbridge and has served on the Board of Governors of the State Bar of

Georgia since June 2000. He has a lovely wife, Carole, and
two children. Carole, who has undergraduate and masters degrees in Education from the University of Georgia, and George have been married for 28 years. Jimbo is in his last semester at the University of Georgia while Elizabeth is starting her junior year in (you guessed it) Athens.
Governor Barnes swore in Judge Floyd as the State Court Judge of Decatur County on July 13th.
Judge Dettmering grew up in Fayetteville. He received his undergraduate education at Auburn University (where he played on their mediocre football team) and then received his law degree at the

University of Georgia. He has practiced law in Douglasville since 1974 and was a partner with Donald B. Howe, Jr. before Mr. Howe became a Superior Court Judge in July 1998.
He has been married to his wonderful wife, Jerri, for almost 34 years and has two children as well as two grandchildren, Isabelle and Olivia. His son Trey, 30, a homebuilder, and his wife, Elizabeth, are the caring parents of his grandchildren while his other son David, 21, is a student at Auburn.
Governor Barnes swore in Judge Dettmering as the State Court Judge of Douglas County on July 18th.

Council of State Court Judges
244 Washington Street, Suite 300 Atlanta, GA 30334

EXECUTIVE COMMITTEE

JUDGE LEON BRAUN, JR. President Liberty County
JUDGE MELODIE CLAYTON President-Elect Cobb County
JUDGE JACK CARNEY Immediate Past President Bryan County
JUDGE CARLTON VINES Secretary Chattooga County
JUDGE DAVID FULLER Treasurer Gwinnett County
JUDGE BRENDA COLE Member-at-Large Fulton County
STEPHAN J. FRANK Executive Director

CHIEF JUDGE H. GREGORY FOWLER District 1 Chatham County
JUDGE ORION DOUGLASS District 2 Glynn County
JUDGE JOHN F. SALTER, SR. District 3 Dougherty County
JUDGE WILLIAM P. ADAMS District 4 Bibb County
CHIEF JUDGE GAYLE B. HAMRICK District 5 Richmond County
JUDGE PAMELA D. SOUTH District 6 Gwinnett County
JUDGE HENRY M. NEWKIRK District 7 Fulton County
JUDGE ROBERT E. MCDUFF District 8 Cobb County

ASHLEY G. STOLLAR Graphic Design