Council of State Court Judges newsletter [Vol. 8, no. 1 (Fall 2002)]

Volume 8, Issue 1

Council of
State Court Judges
Newsletter
Fall 2002

IN REMEMBRANCE
of all of the victims on this
somber anniversary.

Fall Conference 2002
October 9-11 (Wednesday - Friday) at Jekyll Island

It's time for the Council of State Court Judges' Annual Fall 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 Rich Reaves (Institute for Continuing Judicial Education), Judge McLaughlin (Education Committee

Chair), Judge Peppers (Entertainment Committee Chair), Patty Henning (Jekyll Island Club Hotel) and others for their hard work in bringing this opportunity to you. If you have not already made your plans and wish to attend, please immediately contact Rich (ICJE) at 706-5427491 and then the Jekyll Island Club Hotel at 800-535-9547 for reservations at the Council rate.

What's Inside

A Warm Welcome Executive Committee Fall Conference Pictures from Jekyll Technology Info All About the Council ICJE Benchbook Committee Legislative Committee

pg 2 pg 3 pg 4 pg 6 pg 8 pg 11 pg 12 pg 14 pg 14

Important Benchbook Alert, Legislative Notice, and Technology Instructions Enclosed.

Page 2
A Warm Welcome...

The Council would like to extend a hearty welcome to our newest judges: Joseph C. Iannazzone (Gwinnett County), J. Antonio DelCampo (DeKalb County), and Diane E. Bessen (Fulton County).
Judge Iannazzone was born in Camp Kilmer, New Jersey, where he graduated from Spartanburg High School. He received a BS degree with a major in Textile Engineering from Georgia Institute of Technology in 1975. He received his Juris Doctor in 1979 from Emory University School of Law. He served as Assistant General Counsel in 1979-1986 for International Ladies' Garment Workers' Union in Atlanta, Georgia; 1987-1996 had his own law firm. In 1988, he was appointed as Magistrate Judge of Gwinnett County, and served in that position until being appointed as State Court Judge of Gwinnett County.
He has served on numerous commissions over the years. Some of these are Georgia Council of Magistrate Court Judge as President, 1999-2000 as well as other offices and committees; Georgia Courts Automation Commission as Vice Chair 1999 to date; member since 1997; plus serving on Georgia Magistrate Court Training Council, Institute of Continuing Judicial Education in Georgia, Judicial Council
A Fond Farewell...

of Georgia, Blue Ribbon Commission on the Judiciary, Courtroom Design and Research Center. He is admitted to practice law in the State of Georgia, the United States District Court for the Northern District of Georgia and the United States Court of Appeals for the Eleventh and Fifth Circuits. He also is a member of the Board of the Gwinnett County Bar Association Pro-Bono Program since its inception in 1988.
He and his wife, Angie, have three children. Besides spending with his family, he also enjoys fishing, backpacking, sailing, scuba diving and woodworking.
Governor Barnes swore in Judge Iannazzone as a State Court Judge of Gwinnett County on January 15, 2002.
Judge DelCampo is a native of Lima, Peru, coming to Atlanta, in July of 1979. He graduated from Chamblee High School in Atlanta, and then attended Emory University receiving a B. A. degree in International Studies and Latin American Literature. He earned his law degree from Georgia State University College of Law, where he served as Associate Editor in the GSU Law Review.
Upon receiving his law degree he worked in the law firm of Grant, Leatherwood & Stern, in Greenville, South Carolina. However, in 1998 he

The Council would like to extend a fond farewell to two former colleagues that have moved from their State Court positions to Superior Court and another that has gone on to another public office, they are as follows:
The Honorable R. Timothy Hamil, Superior Court of Gwinnett Judicial Circuit The Honorable M. Gino Brodgon, Sr., Superior Court of Atlanta Judicial Circuit The Honorable Denise Majette, US Congressional Democratic party nominee
The Council offers our congratulations to all. We appreciate all that you did while serving on the State Court bench and wish you continued success.

State Court Judges Newsletter
returned to Atlanta, where he joined the firm of Nix, DelCampo, Thornton & Graddock.
He is immediate past President of the Georgia Hispanic Bar Association. He has served as Regional President for the Hispanic National Bar Association, editor of The Verdict, been a panelist and presenter at Continuing Legal Education seminars. He is a member of the American Bar Association, Hispanic Bar Association, Georgia Trial Lawyers Association, DeKalb Bar Association, and Atlanta Bar Association. He is a member in good standing of the Bars of Georgia and South Carolina. Judge DelCampo is a regular contributor to newspapers geared to assist the growing Hispanic population of South Carolina and Georgia, a frequent speaker to community groups, as well as many other activities and organizations.
Governor Barnes swore in Judge DelCampo as a State Court Judge of DeKalb County on July 3, 2002.
Judge Bessen, originally from upstate New York, has lived in Atlanta 25 years. She received her undergraduate degree from Emory University and completed her Juris Doctor from Emory University School of Law. She served as Judge and Pro Hac, Magistrate Court of Fulton County from 1996-2002 and Pro Hac Judge, Atlanta Traffic Court 1997-2000.
Judge Bessen lived Buckhead with her husband, Steve Weiner a native of Atlanta and is a Criminal Defense Attorney. They have two children, Sophie (10) and David (7); a dog named Max and one fish. Besides spending time with her family, she also enjoys golf and cooking.
Governor Barnes swore in Judge Bessen as a State Court Judge of Fulton County on July 19, 2002.

State Court Judges Newsletter

Page 3

Executive Committee

Congratulations to our 2002-2003 Officers!

President Judge Melodie Clayton Cobb County

President-Elect Judge Carlton H. Vines Chattooga County

Secretary Judge David M. Fuller Gwinnett County

Treasurer Judge Brenda H. Cole Fulton County

Immediate Past President Judge Leon Braun, Jr. Liberty County

PICTURE NOT
AVAILABLE

District 1 Judge Jack E. Carney, Jr. Bryan County

District2 Judge Raymond S. Gordon, Jr. Wayne County

District 3 Judge Kelly D. Turner Lowndes County

District 4 Judge William P. Adams Bibb County

District 5 Judge Alan W. Thrower Baldwin County

District 6 Judge Joseph Iannazzone Gwinnett County

District 7 Judge Henry M. Newkirk Fulton County

District 8 Judge Robert E. McDuff Cobb County

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State Court Judges Newsletter

Fall Conference Committee Meetings
Jekyll Island Club Hotel Jekyll Island, GA

Tuesday, October 8, 2002 12:00pm 1:00pm Case Counting Standards Committee Meeting [Lunch] Chief Judge Howard Cook - Chair
12:00pm 1:00pm Budget Committee Meeting [Lunch] Judge Donny Peppers - Chair
1:00pm 2:30pm Nominating Committee Meeting [Lunch and Snacks] Judge Jeannette Little - Chair
1:00pm 2:30pm Appointments Committee Meeting [Lunch and Snacks] Judge Roland Castellanos - Chair
2:30pm 4:00pm Education Committee Meeting [Snacks] Chief Judge Jack McLaughlin - Chair
3:00pm 4:00pm Legislative Committee Meeting [Snacks] Judges Henry Newkirk and Richard Slaby Co-Chairs

4:00pm 5:30pm Strategic Planning Committee Meeting [Snacks] Judge Kent Lawrence - Chair
Wednesday, October 9, 2002 9:00am 10:30am Executive Committee Meeting [Breakfast] Judge Melodie Clayton - President
9:30am 11:00am Mock Trial Committee Meeting [Breakfast] Judge Kent Lawrence - Chair
10:30am 11:15am County Probation Committee Meeting [Snacks] Judge William Todd - Chair
10:30am 11:15am Technology/Computer Committee Meeting [Snacks] Judge Harold Benefield - Chair
11: 00am 11:30am Personnel Committee Meeting [Snacks] Judge Brenda Cole - Chair
11:15am 12:15pm New Judge Mentoring Committee Meeting [Snacks] Judge Jeannette Little - Chair

5:00pm MAIN PROGRAM ENDS FOR THE DAY
5:00pm 5:30pm Council District Meetings* District Chairs
* Council District Meetings Each district will simply go to a different section of the main room, step outside onto the porch or sit in the lobby. Each District Chair will let you know at the end of the
Main Program.
7:00pm - until Group Dinner
Don't Forget Your Golf Clubs!
The Council's Annual Spring Seminar Golf Tournament will take place on Thursday, October 10. Contact Judge Donny Peppers today to reserve your spot on the course -- 706-638-1664.

11:15am 12:15pm Benchbook Committee Meeting [Snacks] Judge Wayne Purdom - Chair

12:30pm MAIN PROGRAM BEGINS FOR THE DAY

State Court Judges Newsletter

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Fall Conference 2002 Education Schedule
Jekyll Island Club Hotel Jekyll Island, GA

Wednesday, October 9, 2002

Thursday, October 10, 2002

Friday, October 11, 2002

12:30pm MAIN PROGRAM BEGINS FOR THE DAY
12:30pm 1:15pm Soldiers & Sailors Relief Act Related Issues Judge Ural Glanville, Magistrate Court of Fulton County
1:15pm 2:00pm Civil Case Law Update Judge Rusty Carlisle
2:00pm 3:00pm Business Meeting: Council of State Court Judges Judge Melodie Clayton, President

8:00pm 11:00pm Pharmacology of Substance Abuse, DUI Impairment & Intervention Professor Randall Tackett, UGA College of Pharmacy
11:00pm 12:00pm Current Techniques in Effective Case Management Judge Dee Downs, Superior Court, Atlanta Circuit
12:00pm 1:00pm Group Luncheon
1:00pm 1:15pm Mandatory CJE Committee Meeting Judge Cowen - Chair

8:00am 9:00am Proving Punitive Damages Under Georgia Law Michael Terry, Esq., Atlanta
9:00am 12:00pm Georgia Evidence Law Professor Paul Milich GSU College of Law
12:00pm Enjoy beautiful Jekyll Island and have a safe trip home!

3:00pm 4:00pm Personal Property Foreclosures & Awarding Attorney's Fees in Debt Cases Harriet Isenberg, Esq., Creditor's Rights Section, State Bar of Georgia, Atlanta
4:00pm 5:00pm Criminal Case Law Update Judge William Todd
7:00pm - until Group Dinner

1:00pm 1:15pm Uniform Rules Committee Meeting Judge Doremus - Chair
1:00pm 4:00pm Golf Tournament Judges Donny Peppers and Maurice Hilliard [Please let either Judge know in advance if you wish to play]
1:30pm - ??? Judging & Humanities Immersion: Delerium of the Brave Author, Dr. William Charles Harris, Jr., Savannah

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State Court Judges Newsletter

Look What You'll Be Missing...

State Court Judges Newsletter

Page 7

If You Don't Come to Jekyll!

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State Court Judges Newsletter

Technology Committee Note

As we are moving towards a more electronic means of communication and dissemination of information, we are working with different types of computer programs which give us certain capabilities. Our current state of affairs is as follows:
1) Sidebar www.gajudges.org - Is an e-mail and threaded discussion "intranet" for our use. The primary benefit of this program is its threaded discussion capability. Unlike the chat groups that we have been using, you can directly attach your comment to the exact message that you are responding to and have a neat chronological and logical chain to follow. Each thread will be very specific so that you can avoid subjects that you do not have any interest in and can quickly zero in on subjects that you are interested in. Also, a colleague outside of your dis-

trict might be the subject matter expert on a given message topic and this will allow you to get his/her input. Furthermore, your e-mail inbox will not be clogged with unwanted messages. In addition, e-mails can be forwarded to your regular e-mail through making choices in preferences.
NOTE You will be primarily interested in Sidebar's Message Board. Once you log on, click "Message Board" in the left column. At the lower left column on the next screen will be a folder labeled "State Courts." Click on this folder and you are in are area. Click on your folder (called a "Forum" in Sidebar) of interest and either post a new message or respond to a message of your choosing.
2) Yahoo chat group This will still be useful for confidential info.

3) Our website www.georgiacourts.org/state - What would have been a purely public website if static information could be posted on Sidebar. Due to that fact, this website should be checked by you for Council information. Posted information includes meeting info, latest grant info, publications, a judge directory, etc.
We wholeheartedly encourage you to explore Sidebar, our website and all that modern technology has to offer!
Technology Committee Judges Benefield (Clayton) Chair Judges Bill Adams, Dettmering, Iannazzone, McDuff, Sams, and Studdard

Sidebar, the e-mail and Discussion "Intranet"
for Georgia Judges and Their Staff

INSTRUCTIONS (PLEASE FOLLOW ALONG ON YOUR COMPUTER)
The new service does not require installation on your computer. It is accessible via a "web browser" such as Netscape or Internet Explorer. All you will need to do is activate your browser, and find the Sidebar website: http://www.gajudges.org
That will take you to the "entry page", which requires your user ID and password. User IDs Each member of Sidebar is registered by their last name and first initial.
Example: terry smith would be recognized as smitht. Apologies in advance to those with long last names!
Your User ID is also part of your Sidebar e-mail address, i.e., smitht@gajudges.org

Passwords Each user using your 7-digit telephone number on file at the Council office. You may check the Superior Court directory or call (404) 656-4964 to check on the number.
To change your password, enter Preferences (found in the left hand frame on your screen), and then choose Personal Information out of the menu that appears. The Personal Information screen will appear in the main part of your browser screen, where you can find the password boxes and entered your preferred password. You must then save the new password.
Homepage Once you have entered your ID and
password, you may login, which will take you to a screen showing the number of unread announcements, e-mails and messages to discussion groups. On

the left hand side of your screen, there is a menu for the different features of Sidebar. You can choose these features by selecting them with your cursor and mouse.
E-mail Inbox: Read messages in your Inbox. Drafts: View and continue composing any incomplete messages saved in the Draft folder. To finish composing an incomplete message, click . Sent Mail: View previously sent messages. Trash: View previously deleted messages that have not been emptied from the trash. Folders: Organize and view messages stored into various user-defined folders.

State Court Judges Newsletter
Sidebar continued
E-mail Button Explanations Refresh Refreshes the current screen with the latest updated information. Compose a new Message Creates a new e-mail message. ForwardForwards the currently displayed message. Reply Replies to the sender of the currently displayed message. Once the button is clicked, a sub-menu will appear allowing the user to reply to the sender or to all recipients. Post Posts the currently displayed message to the Message Board. Folder Manages and organizes messages using folders. Once the button is clicked, a sub-menu will appear allowing the user to choose one of the following folder options: New, Rename, Move, or Delete. Move/Copy Moves or copies the currently displayed message to another folder. Once the button is clicked, a sub-menu will appear allowing the user

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to Move or Copy the message to another folder. Mark As Read Marks unread messages as read. Search Searches for specific messages.
Address Book People List - Create your own list of addresses People List (shared) - Add your addressees to a public (CSCJ) list User Directory - find Sidebar users Group Lists - create and manage groups of addressees
Message Boards Click on the underlined message board you wish to view. Please note that the Announcement board is a special board intended for major announcements, not discussion.

Preferences Personal Information - please fill out address and contact information. This screen will also allow you to change your password General Options - see what settings you prefer to use in Sidebar Set Auto Response and E-mail Options - beyond the scope of a general overview
Please submit questions to the message board so that we can develop answers to frequently asked questions. Mike Cuccaro, staff attorney, is usually available at (404) 651-7087 for questions,
or you can e-mail him at cuccarom@gajudges.org !
For Advanced Instructions for SIDEBAR,
see story on page 10.

More Pictures from Jekyll!

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State Court Judges Newsletter

Getting the Most out of Sidebar: Advanced Instructions for Power Users!

Sidebar is powered by a fixed software housed in a remote server maintained by the Georgia Courts Automation Commission. This limits our ability to tailor Sidebar to specific needs. However, there are several options that YOU, the individual user, can do to make Sidebar work better for you.
Hypertext Links: on the home page (the screen after you log in), are several "hypertext links" to websites of regular interest to superior court judges. Text that is displayed in color can be selected by clicking on it with the left hand button of your mouse. Sidebar then will automatically take you to the desired website.
This icon in the left hand frame of your Sidebar screen contains several important options for the user. Click on this icon and wait for the General Options preferences screen to appear. For users with high speed computer access, the first option can greatly increase the usability of Sidebar. Many users have complained that seeing only 10 messages at a time is onerous. You may choose to increase that until you find a number of messages that is right for you. Remember, Sidebar must transmit the number of messages you select and that increases the amount of information that must be passed to your computer, which will slow things down. The goal is to balance ease of use versus speed of transmission.
None of the other settings in General Options will greatly impact the performance of Sidebar, though you may experiment with those settings and re-set them if you desire.
Preferences contains four other options: Personal Information: we ask that you fill in the blanks for personal information. Sidebar allows you to access other users' information, much like the Council directory. As more judges complete this section, it will become a viable alternative to the directory.

Set Auto Response: if you are leaving the office for a time, if your computer will be unusable for an extended period of time, and do not plan to access Sidebar in the interim, Sidebar will automatically respond to your e-mails with your message.
General Options: see Preferences description on the previous page.
E-mail Options: This screen (or frame) is perhaps the most complicated, but it is a powerful tool in the right hands. The message and log saving features should not require alteration. Below that, you may enter an alternate e-mail address for replies to your messages. For instance, you may send the e-mail from Sidebar, but desire that any response be sent to your county e-mail addressthis is the way you can accomplish that. The last field is for a signature that Sidebar will attach to your outgoing e-mails. You can simply type your name, add your title and circuit, or even offer your recipients a favorite quote. It's up to you!
At the top of the E-mail options screen are three link buttons. The middle is called Filters. Filters allows a Sidebar user to set up a rules-based screening of e-mails; Sidebar will evaluate each incoming e-mail according the rules it is given, and execute predetermined commands. This is popular with judges who prefer their county email system or who check another email service more regularly. It is also a popular way to block unwanted e-mails from specific users or with specific content. Click "New" to set up the rules that will make up YOUR filter(s) and input the necessary information on the filter form.

This feature has four options:
People List: your private list of people you correspond with; when you receive e-mail, you have the option of adding the sender to your user list. This can save a great deal of time if you need to find an e-mail address.
People List (shared): a collection of people that Sidebar users might need to send messages; this will grow as users contribute to this database.
User directory: find Sidebar users; as people add information, this will also serve to offer you telephone numbers, addresses, and perhaps soon even digital pictures of your favorite judges and staff!
Group lists: create groups that you might commonly send bulk e-mails, i.e., DCAs, judges in your circuit, members of a particular committee.
As always, you may contact me (Mike Cuccaro) at (404) 651-7087 or at cuccarom@gajudges.org with questions, comments, or new discoveries.

State Court Judges Newsletter
All About the Council

The Council would like to express its sincerest condolences to Judge Cook (Gwinnett) on the loss of his mother and Judge South (Gwinnett) on the loss of her father. We would also like to extend our best wishes to Judges Adams (Cobb), Daniel (Burke) and Highsmith (Appling) for a speedy recovery from their operations.
Congratulations to Judge Wong (DeKalb), of the Georgia Asian Pacific American Bar Association, on receiving the State Bar's Excellence in Bar Leadership Award. This award honors an individual for a lifetime of commitment to the legal profession and the justice system in Georgia through dedicated service to a voluntary bar, practice bar, specialty bar or area of practice section. Judge Forsling (Fulton), of the North Fulton Bar Association, accepted the State Bar's Best Newsletter Award and Judge Jordan (Cherokee) co-accepted the State Bar's Law Day Award of Achievement on behalf of the Blue Ridge Bar Association.
The Council would also like to congratulate Judge Cowen (Clayton) on the birth of her baby boy Alexander Sharpe late last year, Judge Lawrence (Clarke) on the marriage of his daughter Kami and Judge Braun (Liberty) on winning the Municipal Court Judges' Golf Tournament. Our best wishes go to former Judge Majette (DeKalb) on her victory in the United States Congressional primary. Also, she was a recent recipient of the Judge's Community Recognition Award from the Black Law Student's Association of the Georgia State University College of Law.

Judge Forsling (Fulton) spoke on Overview of Voir Dire in State Court Cases to attendees at the Institute for Continuing Legal Education's (ICLE) program "Meet the Judges" in Atlanta on March 14th. As well, she spoke on Voir Dire for the Practitioner: A Judge's Perspective to attendees at ICLE's program "Civil Litigation for Younger Lawyers" in Atlanta on April 26th. Judge Brown-Reynolds (Fulton) spoke on Crossing the Bar: Practical Hints for Lawyers and Judge Carlisle, Jr. (Cobb) co-spoke on Discovery Wars on the Courthouse Floor: A Judge's View to attendees at ICLE's program "Successful Trial Practice" in Atlanta on March 28th. Judge Braswell (Clayton) spoke on View from the Bench (Professionalism) as the luncheon speaker during ICLE's program "Georgia DUI Update" in Atlanta on June 21st. Judge Carbo (Clayton) was a panelist discussing Mock Trial Techniques during ICLE's program "High School Mock Trial Training" in Atlanta on August 22nd (also see related item below). Judge Adams (Cobb) was a panelist discussing Shelton v. Alabama and its potential financial impact and Judge Newkirk (Fulton) spoke on current indigent defense issues to attendees at the Georgia Indigent Defense Council's "Three Branches of Government, Three Roots of Support Third Annual Symposium on Indigent Defense" in Atlanta on September 13th. Judge Sams (Fayette) will be a panelist discussing Right to Counsel: Shelton v. Alabama during ICLE's program " Criminal Law Litigation" in Atlanta on October 11th.

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Jonesboro High School's mock trial team, coached by Judge Carbo (Clayton), won the 2002 Georgia State Championship and competed in the 19th Annual National High School Mock Trial Tournament where they placed 10th out of 44 teams. This is the best finish a Georgia team has had since the national championship in 1999. As far as his State Court colleagues becoming more involved in the judging of competitions: Don't worry Coach Carbo, motions for recusal will be allowed!
Our Council has its own TV star in Judge Studdard (Henry)! Appearing on "Jeopardy" this spring, he has become someone not to play games with. According to the Neighbors Newspapers: "I drove my family crazy asking them to quiz me," said Studdard. "Don't ask me to play Trivial Pursuit or any other box-quiz game, because I simply read all the cards to every game I could find."
Concerning Michael Shane Lasseter's ban from a year of University of Georgia football games as part of his sentence on criminal trespass charges at Hartsfield Airport, Judge Richard Campbell (Elbert), a Carolina Gamecock fan, remarked that he should have been sentenced to see UGA football games as punishment.
If you have information about yourself or your fellow Council members, please call Stephan to let him know for future editions of the newsletter.

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State Court Judges Newsletter

Institute for Continuing Judicial Education

The Institute of Continuing Judicial Education of Georgia, ICJE, is a resource consortium of

(now Federal District) Judge Ernest Tidwell serving as chair. The UGA Law School, under the guidance of Dean J.

the Georgia Judicial Branch, the State

Ralph Beaird, assisted with the leader-

Bar of Georgia, and the four ABA

ship role providing space and staff for

accredited law schools of the State

ICJE, as it had done for continuing

(Emory, Georgia State, Mercer and the

lawyer education. During the 1960s,

University of Georgia). ICJE is head-

Gus Cleveland, former State Bar

quartered in Athens, Georgia, on the

President, provided leadership and sup-

University of Georgia campus.

port through the State Bar for creation of

ICJE was

Georgia's

founded in

organization

1976, as a

dedicated for

creation of

judicial contin-

the

uing educa-

University of

tion.

Georgia

From 1972,

School of

federal grants

Law, the

to the

Judicial

Administrative

Council of

Office of the

Georgia and

Courts, which

the Georgia

came from

Supreme

Rich (far left) assists the Education Committee. Law

Court and

Enforcement

became the

Assistance

Institute of

Administration

Continuing Judicial Education in 1979.

(LEAA) and the National Highway

Today, it is the judicial branch agency

Traffic Safety Administration (NHTSA),

providing basic and continuing education or the Office of Juvenile Justice and

for elected officials, employees and vol-

Delinquency Prevention (OJJDP), pro-

unteer agents of the State judiciary.

vided the financial means to deliver con-

The initial development of ICJE was

tinuing education conferences in-state

under the direction of Superior Court

for judges and court support personnel.

Before the creation of the State Judicial College, Georgia had no organization or staff personnel which were devoted to judicial educational services for judges,
Hard at work. Rich ensures that even the smallest details are taken care of. court support personnel, or the volunteer agents for the State court system. In 1979 under the direction of the UGA School of Law, the Judicial College became ICJE. For the first time there was an Executive Director working full-time providing in the field of Judicial basic and continuing education. ICJE program funding was still being furnished mainly by federal grants. By 1986, Georgia court professionals

Judge Kent Lawrence Former Board of Trustee ICJE

Richard D. Reaves Executive Director ICJE

Judge Donny Peppers Current Board of Trustee ICJE

State Court Judges Newsletter

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ICJE continued

served by ICJE programs included: superior court judges, superior court clerks, state court judges, secretaries to superior and state court judges, juvenile court judges, probate court judges, magistrate court judges, and judge-faculty used in the training of magistrate court judges. Most all of these groups experienced multi-day seminars of 12 to 20 hours durations at least two times every year.
ICJE competed for and won the ABA's Excellence in Judicial Education Award, in 1989, which was sponsored by the National Conference of Special Court Judges, as a premier judicial educational program in the US. After a decade of focus on product and service development ICJE again earned the ABA Excellence in Judicial Education Award.
Currently, the Institute of Continuing Judicial Education of Georgia (ICJE) remains a public service and outreach commitment as Georgia's ABA accredited law schools, the State Bar and judiciary. ICJE's primary responsibility is to provide basis training and continuing education of elected officials, court support personnel and volunteer agents for the State's judicial branch. Funding is primarily by the State, but also uses sup-

port from local governing authorities. The project output has more than tripled since its creation, providing semiannual or annual programs for all court personnel. During a normal program year, more than 50,000 attendee contact hours of training will be designed and delivered which involves more than 3000 program participants.
Some resources available through ICJE include: videotapes, bench books and monographs, periodic satellite teleconferences, computer software, and private vendor-supplied seminars, which include website-based distance learning self-study lessons. The ICJE runs a comprehensive program of financial aid support for judges and court officials wishing to attend nationally-based judicial education activities.
ICJE is governed by a set of ByLaws of the Board of Trustees which went into effect July 1, 1984. Currently the Executive Director is Richard D. Reaves. He took office in October 1982. Mr. Reaves received his Bachelor of Arts degree in 1969 from Beloit College (Cum Laude), Beloit, Wisconsin and his Juris Doctor in 1976 from the University of Tennessee, Knoxville, Tennessee.

Prior to coming to ICJE, he served as Director for Florida Judiciary Education from 1978 to 1982 with the Supreme Court of Florida, located in Tallahassee.
ICJE is a valuable resource for the State of Georgia and for the Council of State Court Judges. By keeping abreast of current seminars, training programs and available materials within ICJE, the judges and their staff, as well as other court personnel can provide better service to their cities; counties and all that enter their courtrooms or offices.
We are particularly grateful to Rich for his tireless efforts in ensuring that the State Court seminars and conferences are outstanding events. Working closely with our Education Committee, he ensures top-notch presentation and accommodation amongst numerous other details. In short, Rich's tremendous dedication to the Continuing Judicial Education of the State Court bench is most appreciated!
We are also quite fortunate to have Judge Donny Peppers (Walker) serving on ICJE's Board of Trustees. He replaced Judge Kent Lawrence (Clarke) who represented the State Court in an admirable fashion.

More Pictures from Jekyll!

Benchbook Committee Important Alert

Your Benchbook Committee is diligently working to revise and update our first State Court Benchbook Supplement. In the meantime, they wanted to make you aware of an important change within the DUI section.
The current DUI section 1.16:
O.C.G.A. 40-6-391 (b) delineates a different standard for prescription drugs; namely, "incapable of driving safely". Whether Love, supra, applies to 40-6-391 (b) and thus strikes down one of the standards on equal protection grounds remains unanswered. It is also unclear as to whether Love applies to 40-6-391 (a) (2), which would require

proof under 40-6-391 (b) of "incapable of driving safely" to be applied to any prescription drug.
has been superseded due to State v. Kachwalla.
Please replace section 1.16 with the following proper law:
O.C.G.A. 40-6-391 (b) driving under the influence of prescription drugs standard for conviction, namely: "incapable of driving safely" is the same as "Under the influence of alcohol to the extent that it is less safe for the person to drive." State v. Kachwalla, 274 Ga. 886, 561 S.E.2d 403 (2002).

Legislative Committee Notice
Your Legislative Committee wants to ensure that all Council members have an opportunity to be heard on legislative matters. We will be meeting during our Fall Conference at Jekyll Island to address any matters. Hence, if you have any legislative issue or concern that you would like to be addressed, please let either Judge Newkirk, Judge Slaby or Stephan know.
Legislative Committee Judges Newkirk (Fulton) and Slaby (Richmond) Co-Chairs Judges Harris Adams, Braun, Carriere, Castellanos, Dickinson, Doremus, Forsling, Fowler, Fuller, Gillis, Ginsberg, Gober, Highsmith, Iannazzone, Jordan, Thompson and Wong.

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

EXECUTIVE COMMITTEE

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

JUDGE JACK E. CARNEY, JR. District 1 Bryan County
JUDGE RAYMOND S. GORDON, JR. District 2 Wayne County
JUDGE KELLY D. TURNER District 3 Lowndes County
JUDGE WILLIAM P. ADAMS District 4 Bibb County
JUDGE ALAN W. THROWER District 5 Baldwin County
JUDGE JOSEPH IANNAZZONE 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