Council of State Court Judges Newsletter Volume 8, Issue 2 Winter 2002 Judge Harris Adams Newest Member of Court of Appeals On December 30, 2002, the Honorable A. Harris Adams was coronated sworn in as the newest Judge on the Georgia Court of Appeals. Chief Judge Adams was the selection made by Governor Roy Barnes over six other competitors screened by the Judicial Nominating Commission from an original list of 44 applicants from September. He had previously made the short list for the appeals court in 1990 and 2000. Chief Judge Adams replaces retiring Senior Judge Marion T. Pope, Jr. After being notified of his selection by Governor Barnes, Chief Judge Adams was quoted as saying "it feels a lot better on this side of the short list". A native of Vidalia, he received his B.A. from Mercer University in 1970 and his J.D. degree from Mercer University's Walter F. George School of Law in 1971. Chief Judge Adams served the citizens of Cobb County as an Assistant District Attorney from 1971 to 1973. He then practiced law for thirteen years as a partner with Sams, Glover, Gentry and Adams where former partner, now soon to be former State Court judge colleague, Irma Glover kept an eye on him. He was appointed to the bench of the State Court of Cobb County by former Governor Joe Frank Harris in 1984, where he has served concurrent fouryear terms by election in 1986, 1990, 1994, 1998, and 2002. A. Harris Adams In addition to serving on the State Court bench for 18 years, Chief Judge Adams has experience practicing in all trial and appellate courts of Georgia, the United States District Courts of Georgia, the United States Court of Appeals for both the Fifth and Eleventh Circuits, as well as the United States Supreme Court. Chief Judge Adams is also a member of the Cobb County and State Bar Associations, our Council, the Cobb County Chamber of Commerce, the Supreme Court of Georgia Chief Justice's Commission on Indigent Defense, as well as the Advisory Board of Georgia Indigent Defense Council. He has served as President of the Younger Lawyers Section of the Cobb County Bar Association, as a former Officer/Director of the Trial Lawyers Section, and as a Director and Secretary-Treasurer of the Georgia Hospital Attorneys Association. Chief Judge Adams is married to the former Claudia Hamrick, and the father of three children, Lanier, Elizabeth and Zachary. We wish Chief Judge Adams the very best in this new endeavor and he will always remain a part of the State Court family! Please also see the accompanying public service announcement in this newsletter. What's Inside From the President All About the Council Technology Update Georgia Mock Trial Program Jekyll Pictures Mock Trial Coordinators Mock Trial Orientation Public Service Announcement Interpreters for Deaf pg 2 pg 3 pg 5 pg 6 pg 8 pg 12 pg 14 pg 18 pg 19 Important Legislative Alert Inside -- Please Sign Up For Judge of the Day Page 2 State Court Judges Newsletter From the President Judge Carlton Vines and I represented you at the meeting of the Judicial Council of Georgia on December 4, 2002. This meeting President Melodie Clayton (Cobb) was largely uneventful, except for the Report of the Misdemeanor Jurisdiction Commission As many of you know, in the last legislative session the Council Magistrate Court Judges asked for the introduction of what became SB376. This bill would have given misde- meanor jurisdiction over most misde- meanor offenses to the Magistrate Court. There was overwhelming opposition to this bill. At the request of the author of the bill, Senator Rene Kemp, the Chief Justice Fletcher appointed a Commission to review SB376, and that Commission has issued its report. In part, it states as follows: After extensive discussion, review and study, is appears the main justification for the realignment of misdemeanor jurisdiction remains the efficiency issue. Arguable there may be some increased efficiency is some specific counties. However, we are the opinion that the increased fragmentation of the system and problems with implementation outweigh any perceived advantages. This is especially true considering the state court under current mechanisms could resolve this problem if it exists. (Emphasis supplied.) At this time this Commission feels SB 376 drawbacks would outweigh the benefits. The Magistrate Court plans to introduce a severely scaled down version of this bill in the upcoming Legislative session. We believe that this and any further attempts to increase the misdemeanor jurisdiction of the Magistrate Court should be opposed for the reasons stated in the report of the Commission. Judge Kent Lawrence represented the Council of State Court Judges on this Commission. Kent is owed our gratitude for a job well done. New Administrative Assistant The Council of State Court Judges is pleased to welcome Mrs. Tequania "T" Hunt as our administrative assistant. Thanks to our Executive, Personnel and Budget Committees along with the support of our entire Council we were able to add a much needed employee to our Council staff. "T" comes to us from the Atlanta Office of Naval Research where she provided grant Tequania "T" Hunt administrative assistance as a Data Technician. A native of Illinois, she moved to Georgia initially as part of a military assignment to Fort Stewart in Liberty County. A former Intelligence Analyst, she enlisted into the United States Army upon high school graduation, proudly serving our country on tours abroad in Bosnia and Herzegovina as a peacekeeper, as well as in the U.S. in Kansas, Arizona, and Georgia. Tequania resides in DeKalb County with her family consisting of her husband, two children and a schnauzer. To ensure complete client service satisfaction and smooth efficiency with all Council members, Stephan will slowly work with her to ensure that she has a complete understanding of Council operations before having her deal with you all one on one. Hence, Council operations, including phone, fax and e-mail, will continue to run as before until such time as she is fully up and running and can handle most requests on her own. As of now, she is already assisting Stephan in the multitude of administrative tasks that have to be performed here at the office. Our Council would like to give a big thank you to Judge Maurice Hilliard (Municipal Court of Roswell), honorary member of our Entertainment Committee, and his lovely wife Joan. They have both been a huge help during our conferences and have both always gone out of their way to ensure that a good time is had by all. Furthermore, Judge Hilliard has been most gracious with his time and expertise in assisting various State Court judges by sitting in designation. Thank You!! State Court Judges Newsletter All About the Council The Council would like to continue to express its best wishes to Judge Daniel (Burke) for a total recovery from his operation. The Council would like to extend a fond farewell to our colleagues who have left or who will soon be leaving us: The Honorable A. Harris Adams (Cobb) [see front page] The Honorable Robert S. Highsmith, Sr. (Appling) The Honorable Robert E. McDuff (Cobb) The Honorable Jack M. McLaughlin (DeKalb) The Honorable Edward Reddick, Jr. (Effingham) The Honorable J. Patrick Ward (Grady) It is our utmost hope that those eligible will choose to take emeritus or senior status and remain a member of the State Court bench and Council. We appreciate all that you did while serving on the State Court bench and wish you continued success! Please take note that Judge Purdom (DeKalb) has replaced Judge Lawrence (Clarke) as Chair of our Strategic Planning Committee. After serving for many years, Judge Lawrence is now focusing his energies as Chair of the newly formed Mock Trial Committee. We wish to thank him for all of his hard work in furtherance of our Council and to offer our support in this new and worthwhile endeavor (see accompanying article in this newsletter). Judge Studdard (Henry) is always seeking innovative ideas and developing creative techniques to improve his court. He has been working with Consumer Credit Counseling Service to create a new counseling/educational program for bad check offenders. The program is called Checks and Balances Workshop and is now available. He feels that it would be appropriate for anyone whom you think is more guilty of not understanding how to use a checkbook rather than of actual bad intent. Keith Schullstrom is CCCS's Director of Strategic Initiatives and can be reached at (561) 434-2544 or at kschullstrom@www.cccsinc.org He would be glad to send any interested judges some materials on it. Unfortunately, it is only available in the metro-Atlanta area, but if there is sufficient interest, they might expand their service area. Judge Forsling (Fulton) spoke on Discovery Issues and Abuses in a Premises Liability Case A View from the Bench to attendees at the Institute for Continuing Legal Education's (ICLE) program "Premises Liability" in Atlanta on November 1st, served as a panelist discussing Problems in Depositions during the University of Georgia School of Law Conference on "Problems in Discovery and Professionalism" in Athens on November 15th, spoke on Professionalism and Trial Tactics to attendees at the Institute for Continuing Legal Education's (ICLE) program "Recent Developments" in Atlanta on November 22nd, and will also be speaking on Professionalism to attendees at the Institute for Continuing Legal Education's (ICLE) CLE and SKI program "Update on Georgia Law" in that oh so terrible place during winter, Breckenridge, Colorado, in early February of 2003. Judge Wong (DeKalb) served as a panelist discussing Fashioning a Negotiated Plea: Give, Take, Interlock, Jail Terms and Treatment during the Institute for Continuing Legal Education's (ICLE) program "Defense of Drinking Drivers Institute" in Atlanta on December 6th. Page 3 Executive Director: Stephan's wife, Gail, is pregnant and we will be having a second child to join our first son, Liam, sometime during mid to late February. Hence, my duty station will temporarily change to Piedmont Hospital from the State Capitol for a day or two at that time. Directory: If anyone has any changes for our State Court directory, please let me know before February 1st!!!!!!!!! New judges since Judge Bessen will have information forms sent out in their new judge packets so that they may be entered into the directory. Dues: We are most appreciative of all that have sent in their $100 Council dues. A follow-up letter was sent out a short while back. All who have still not paid will be required to fully explain the rule against perpetuities and why a California lawyer was once excused from a charge of professional negligence due to his misunderstanding of the rule. Spring Conference 2003: If any nongolfer has an idea for an outing or trip after our Council luncheon, please let me know and I will see what I can put together for a group. Due to the recent college football events in Georgia and our desire to avoid anyone unnecessary embarrassment, we will not disclose that Chief Judge Benefield (Clayton), Judge Iannazzone (Gwinnett) and Chief Judge Wynne (Hall) are Georgia Tech alumni. If you have information about yourself or your fellow Council members, please call Stephan to let him know for future editions of the newsletter. Page 4 State Court Judges Newsletter New Judge Orientation The Council held its annual New Judge Orientation in Athens on September 25-27th. 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 and staff. New judges who attended were Judge Bill Bass (Grady), Judge Diane Bessen (Fulton), Judge David Darden (Cobb), Judge Tony DelCampo (DeKalb), Judge Neal Dettmering (Douglas), Judge George Floyd (Decatur), Judge John Holland (Turner), Judge Joe Iannazzone (Gwinnett), Judge John Panos (DeKalb), Judge Hubert Reeves (Jenkins) [an old hand who could evade the course no more!], Judge Pam South (Gwinnett) and Judge Ronnie Thompson (Effingham). You will learn more about all of the new judges since Judge Bessen in our next newsletter. Much thanks to Judge Little (Troup), 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 (Superior Court, Atlanta Circuit), Carbo (Clayton), Cook (Gwinnett), Fuller (Gwinnett) [and his substitute Joe L' Oiselle], Little (Troup) [again], Newkirk (Fulton) [and his substitute Allyn Parsons], Robins (DeKalb), Salter (Dougherty), Sams (Fayette), Todd (Rockdale) and to Rich Reaves [again] who took time out of their busy schedules to instruct at this orientation. NEW JUDGE MENTORING COMMITTEE Chair: Jeannette Little (Troup) 1. John Carbo (Clayton) 2. Roland Castellanos (Cobb) 3. Linda Cowen (Clayton) 4. Gary Mikell (Bulloch) 5. John Salter (Dougherty) 6. Fletcher Sams (Fayette) 7. William Todd (Rockdale) State Court Judges Newsletter Page 5 Technology Committee Update We strongly encourage you to use the technology we have made available to you. As mentioned in the last newsletter, our website is www.georgiacourts.org and it is very helpful. Among other items it has our meetings listed, reimbursement forms and updated committee listings among others. Since we can only post static information and links to other pages/websites, we are also involved with using Sidebar for threaded discussion. Please see the last newsletter for all of the benefits of a threaded discussion capability. Again, all that you need to do is to go to the Sidebar website (www.gajudges.org) and then enter your user ID (which is your last name and initial of your first name for example, Benefieldh) and then enter your password (which is your office telephone number without area code for example, 4773375). You will then be at the main Sidebar screen. Before or after checking on any messages that you might have, click on the Message Board button on the left hand side and then click on the State Courts folder at the bottom left on the message board itself. Then click on your forum or folder of interest and either send a new message or reply to a specific message. Please try to give a short and accurate subject description for any new messages that you post. For replies, this is not needed as your message will automatically fall under the exact message that you are responding to. Please remember to use our Yahoo chat groups for any confidential info. Below is our very first non-test message that has been sent, which is in the Posted by Date Posted Subject Ben W. Studdard III Wed 10/09/02 11:01:48 AM Waiver of counsel and appointing counsel on traffic offenses What, if anything, are you doing differently in light of Shelton v. Alabama and Barnes v. State? Is there something that we, as a Council, should do in response by way of either education or legislation? General Discussion forum under the State Court folder. Sending our good friend Judge Studdard a response or adding a new message of your own under the appropriate folder would be an excellent way to get this rolling. Please give any comments or suggestions to us or Stephan. One key idea which we hope to have implemented in the next Sidebar version is to be able to have the new message or reply e-mailed to folks that you desire so that they can be alerted instead of having to wait for them to check the thread. Technology/ Computer Committee Chair: Harold Benefield (Clayton) 1. Bill Adams (Bibb) 2. Neal Dettmering (Douglas) 3. Joe Iannazzone (Gwinnett) 4. Bob McDuff (Cobb) 5. Fletcher Sams (Fayette) 6. Ben Studdard (Henry) Indigent Defense Commission Publishes Findings The Chief Justice's Commission on Indigent Defense issued its full report to the Supreme Court of Georgia on December 12, 2002. The report calls on the state to assume responsibility for paying for indigent defense services and to establish and enforce basic standards for indigent defense programs. "The concepts of fairness and equal justice are basic to our American system of government and to our identity as Americans," said Charles R. Morgan, chairman of the commission. "This report is in essence about ensuring fair- ness for all citizens." Under current Georgia law, the pri- mary burden of paying for indigent defense services falls on county governments. In 1999 the most recent year for which complete figures are available-- Georgia counties spent $40,591,424 to pay for legal representation for defendants charged with a crime, while the state contributed $5,893,227, or 11%, over the relevant period. An additional $4,115,772 came from interest on special funds. State funds and interest income are administered by the Georgia Indigent Defense Council (GIDC). The Commission concluded that the state is failing to meet its constitutional duty to protect the rights of indigents and to fund indigent defense. Georgia ranks second from the bottom among 10 comparable states in per capita funding of indigent defense. Because the system is fragmented, the quality and delivery of indigent defense varies widely from one county to another. The Commission found there is no effective state-wide structure in place to enforce compliance with guidelines on indigent defense. continued on page 17 Page 6 State Court Judges Newsletter Georgia High School Mock Trial Program Judge Clayton (Cobb), in addition to serving us as our President along with her community in so many opportunity to participate actively in the learning process. The involvement in and study of mock trial provides young other ways, has also been a coach of the people with an inside perspective from Mock Trial team at The Walker School which to learn about courtroom proce- in Marietta. Originally signing on in dure. The mock trial activity also pres- order to help her own sons and to be of ents the opportunity to integrate the service to the school, she stayed at it for know-how of judges, attorneys, and several years past her younger child's other members of the legal community graduation because it is just so much directly into the educational process. fun!! She points out that "watching Participation in the mock trial also gives these young people progress from total- a practical knowledge about courts and ly inexperienced high school students to trials an invaluable resource should poised, articulate, capable `attorneys' is very fulfilling." So what is this High School Mock Trial about and what is our Council's involve- The Mock Trial Committee at ment for those of you who Jekyll Island may not know? For years, Social Studies instructors have successfully incorporated into their law and government classes various role-playing activities, includ- ing mock trial. The growth of the law related education movement paved the way to the broadening of mock trial from a classroom activity nationwide and in Georgia schools to a National Championship held annually. Since 1983 the program has grown from fourteen schools competing they ever be jurors or witnesses in a real regionally in Clayton County to inter- trial or principals in a legal action. state competition among more than 110 Schools interested in the program private and public schools. In 1987, the can participate by either using the mock statewide High School Mock Trial trial materials as a classroom enrich- Program was initiated through the ment tool or entering a team in the endeavors of the Young Lawyers statewide High School Mock Trial com- Division of the State Bar of Georgia petition. All participants in the state and the Carl Vinson Institute of HSMT program use the same case and Government. are governed by Rules of Competition, Educating young people aged four- Evidence and Procedure modified from teen to nineteen about the American the Federal Rules of Evidence. To pro- judicial system is the overall goal of the vide a well-rounded understanding of HSMT program. This purpose is the law, the "case problem" is alternated accomplished by providing students the yearly from civil to criminal. Competitions are conducted among local school district teams competing in a region, with regional winners contending for the title of state champion. The team emerging as state champion then has the prospect of competing nationally. Currently, over 45 states and territories run mock trial competitions for young people of high school age. The mock trial operates in the same manner as a real trial does. While taking on the roles of attorneys and witnesses participating team members prepare a case for trial before a judge. Under the guidance of attorney and teacher coaches participants obtain experience and knowledge in areas such as the stages of a trial, how to argue objections, and how to direct and cross-examine a witness. Competition teams are comprised of two squads a plaintiff/prosecution and a defense with each consisting of a timekeeper, three attorneys, and three witnesses. The attorneys work as partners would during a trialsharing such tasks as examining and crossexamination of witnesses, giving an opening statement, delivering the closing argument with witnesses operating primarily as character actors. The teams compete for points based on individual and collective team ability to follow procedures and present a plausible case. Pre-season mock trial training included a three-day Law Academy held in November at the UGA Law School in Athens for the 2002-2003 season. It was sponsored by the HSMT Committee and its Special Projects Task Force. The Law Academy is designed continued on page 7 State Court Judges Newsletter Mock Trial Program cont. to maximize the knowledge held of team leaders about trial procedure and the mock trial program, enabling leaders to actively assist in preparing their respective teams. The curriculum, which included a tour of the Athens legal community, covered such topics as "Theory of the Case" and "Preparing a Case Notebook." Instructors were attorneys from across the state. At the conclusion of the Law Academy, participants were administered a "Bar Exam" to test their understanding of the competition's rules. Successful completion of the exam provided students the opportunity for admission in the Georgia High School Student Bar Association. include Chief Judge Benefield (Clayton), Judge Braswell (Clayton), Judge Brown-Reynolds (Fulton), Judge Bridgette Campbell (Cobb), Chief Judge Cook (Gwinnett), Judge Cowen (Clayton), Judge Dettmering (Douglas), Judge Dixon (Fulton), Judge Fuller (Gwinnett), Judge Gibson (Ware), Chief Judge Gober (Cherokee), Judge Iannazzone (Gwinnett), Judge Jordan (Cherokee), Judge Little (Troup) Judge McWhorter (Emanuel), Judge Mock (Gwinnett), Judge Salter Council of State Court Judges Involvement Many of our colleagues have contributed greatly to the program by coaching and judging. 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 that a Georgia team has had since the national championship in 1999. In addition to Judges Carbo and Clayton, other of our judges who have been involved with the program Candance Byrd (left) and Stacy Rieke (right) spoke to the Mock Trial Committee at Jekyll Island. (Dougherty), Judge South (Gwinnett) and Judge Studdard (Henry) {please accept my apologies if I have missed anyone}. As well, Judge Lawrence (Clarke) conducted a highly successful junior juror program for many years in his courtroom which introduced young- Page 7 sters to the legal system and, in a sense, served as a precursor to their potential participation in the High School Mock Trial Program. Due to concern for the community and the desire for effective judicial outreach, your colleagues in District 6 developed a proposal for us to become officially involved as a Council with the State Bar of Georgia, Younger Lawyers Division, Mock Trial Program. Judge Lawrence, who was instrumental in developing our participation and funding request, is the Chair of our Mock Trial Committee. He has been steadfastly working with Candace Byrd, State High School Mock Trial Chair, Vice-Chair Leah McEwen (Judge Salter's former staff attorney) and Stacy Rieke, State High School Mock Trial Coordinator, to ensure the success of our efforts. However, WE NEED YOUR SUPPORT! If you wish to volunteer in any manner whatsoever, please contact Judge Lawrence at (706) 6133200. Primarily we are looking for you to serve as a judge or scoring evaluator. Furthermore, we urge you to encourage your local bar members to become involved as well; especially due to the fact that there are many more judging and scoring evaluator needs than we have judges. As Judge Clayton points out, "I encourage you to serve your community by participating in High School Mock Trial, but don't feel guilty when it turns out to be fun for you." John "The Terminator" Carbo (Clayton), Champion Coach Kent Lawrence (Clarke), Chair, Mock Trial Committee MOCK TRIAL COMMITTEE Chair: Kent Lawrence (Clarke) 1. Morris Braswell (Clayton) 2. Jeannette Little (Troup) 3. Bob Mock (Gwinnett) 4. Toby Prodgers (Cobb) 5. John Salter (Dougherty) 6. Pam South (Gwinnett) Page 8 State Court Judges Newsletter Gosh, Look What Fun We worked... ...and talked... State Court Judges Newsletter Page 9 We Had at Jekyll!! ... talked some more ... . . . and ate . . . Page 10 State Court Judges Newsletter Gosh, Look What Fun . . . and ate State Court Judges Newsletter Page 11 We Had at Jekyll!! . . . and ate Page 12 State Court Judges Newsletter Mock Trial: 2003 Regional Coordinators 1. Central Georgia (Macon) Emily K. Turner Office of University Advancement Mercer University 1400 Coleman Avenue Macon, GA 31207 478- 301-5675/F 301-2684 Turner_ek@Mercer.EDU Judge William P. Adams (Bill) State Court of Bibb County P. O. Box 5086 Macon, GA 31213-7199 478-749-6676/F 749-6326 badams@co.bibb.ga.us 2. Cherokee County (Canton) Stephany Lewis 90 North St., Suite 270 Canton, GA 30114 770-720-6375 stephanylewis@hotmail.com Ronald Francis Debranski II Gleichman & Debranski, LLC 321 Creekstone Ridge Woodstock, GA 30188-3745 770-926-1957/F 926-8411 rdebranski@superlaw.com Caroline Reed Cherokee County Superior Court 90 North Street, Suite 260 Canton, GA 30114 770-479-0456 3. Coastal Georgia (Brunswick) Donna Crossland 300 Oak Street, Suite 200 St. Simons Island, GA 31522 912-634-0955/F 638-9739 DCrossland@toslaw.com 4. Cobb County (Marietta) Linda J. Spievack 1545 Bainbridge Lane Roswell, GA 30076 770-514-1040/F 993-5672 lindalaw2@charter.net Angela Zelma Moore 30 South Park Square Marietta, GA 30060 770-421-9956/F 421-1089 biggazm@aol.com Judge Toby Prodgers State Court of Cobb County Division I 12 East Park Square Marietta, GA 30090-9637 770-528-1731/F 528-1736 5. Dekalb County (Decatur) Tania Rachel Tuttle DeKalb County Solicitor General's Office 556 N. McDonough Street,Suite 500 Decatur, GA 30030 404-371-2212/F 371-7048 trtuttle@co.dekalb.ga.us Jennifer Lynn Auer Bondurant, Mixson & Elmore, LLP 1201 W. Peachtree St., Suite 3900 Atlanta, GA 30309 404-881-4100/F 881-4111 auer@bmelaw.com Courtney Lynn Johnson DeKalb County Solicitor General's Office 556 N. McDonough Street, Suite 500 Decatur, GA 30030 404-371-2201/F 371-7048 cljohnso@co.dekalb.ga.us Lee Ann McCurry Troutman Sanders, LLP 600 Peachtree St., N.E., Suite 5200 Atlanta, GA 30308-2216 404-885-3382/F 885-3900 leeann.mccurry@troutmansanders.com Kimberly Ann Sanders-Bjurmark DeKalb County Solicitor General's Office 556 N. McDonough Street, Suite 500 Decatur, GA 30030 404-371-4716/F 371-7048 ksbjurma@co.dekalb.ga.us 6. Fulton County (Atlanta) Claire Dorchak Weinber, Wheeler, Hudgins, Gunn & Dial 999 Peachtree Street, N.E., Suite 2700 Atlanta, GA 30309 404-876-2700/F 875-9433 cdorchak@wwgd.com 7. Gwinnett County (Lawrenceville) Judge William M. Coolidge, III Carothers & Mitchell, LLC 4350 S. Lee Street, Suite 200 Buford, GA 30518 770-932-3552/F 932-6348 carmitch@mindspring.com Judge Melodie Snell Conner Superior Courts, Gwinnett Judicial Circuit Gwinnett Government Center 75 Langley Drive Lawrenceville, GA 30045-6900 770-822-8660/F 822-8662 gwinsup7@mindspring.com Judge Robert Mock (Bob) State Court of Gwinnett County 75 Langley Drive Lawrenceville, GA 30045-6935 770-822-8515/F 822-8513 mockro@co.gwinnett.ga.us 8. Metro Atlanta (Atlanta) Jim Manley McKenna, Long & Aldridge, LLP 303 Peachtree Street, Suite 5300 Atlanta, GA 30308 404-527-4912/F 527-4198 jmanley@mckennalong.com 9. North Georgia (Dalton) Rick Brown P.O. Box 671 Dalton, GA 30722-0671 706-277-9052/F 277-9816 rbrown@ocsonline.com continued on page 13 State Court Judges Newsletter 10. Northeast Georgia (Athens) Roy E. Manoll, III Fortson, Bentley & Griffin P.O. Box 1744 Athens, GA 30603-1744 706-548-1151/F 548-8113 rem@fbglaw.com Judge Kent Lawrence State Court of Clarke County 300 E. Washington St., Room 425 Athens, GA 30601 706 613-3200/F 613-3204 11. Northwest Georgia (Rome) Mark Webb Brinson, Askew, Berry, Seigler, Richardson & Davis P.O. Box 5513 Rome, GA 30162-5513 706-291-8853/F 234-3574 mwebb@brinson-askew.com 12. Southeast Georgia (Savannah) Leslie Picket Sheehan Oliver Maner & Gray, LLP 218 W. State Street Savannah, GA 31412 912-236-3311/F 236-8725 lsheehan@omg-law.com Stephen Lowry Carter & Tate, LLP 18 East Bay Street P.O. Box 9060 Savannah, GA 31412-0206 slowry@cartertatelaw.com 13. Southern Crescent (Jonesboro) R. Christopher Montgomery, Jr. Clayton County D.A.'s Office Clayton County Courthouse Jonesboro, GA 30236 770-477-3258/F 477-3255 Lynette Clark Davis P. O. Box 1002 Jonesboro, GA 30237-1002 770-477-8830/F 678-479-1566 attylkc@bellsouth.net Judge Morris Braswell State Court of Clayton County Harold R. Banke Justice Center 9151 Tara Boulevard Jonesboro, GA 30236 770 472-8000/F 603-2089 14. Southwest Georgia (Columbus) Margaret (Maggie) E. Bagley District Attorney's Office P.O. Box 1340 Columbus, GA 31902-1340 706 653-4336/F 653-4345 Judge Maureen Gottfried State Court of Muscogee County P. O. Box 1340 Columbus, GA 31902-1340 706-571-2070/F 321-3820 15. West Georgia (Douglasville) Jeff Richards P.O. Box 489 Douglasville, GA 30133-0489 770-920-2000/F 920-9119 jrichards@hrflegal.com Judge Peggy Walker Douglas County Juvenile Court 8700 Hospital Drive Douglasville, GA 30134 770-920-7248/F 920-7380 pwalker@co.douglas.ga.us Page 13 Directors of Competition North Georgia (Cherokee Co., Cobb Co., North GA, NEGA, NWGA) Roy E. Manoll, III Fortson, Bentley & Griffin P. O. Box 1744 Athens, GA 30603-1744 706-548-1151/F 548-8113 rem@fbglaw.com Middle Georgia (DeKalb Co., Fulton Co., Gwinnett Co., Metro ATL, WGA) Deborah Craytor 5231-E Memorial Drive, Suite 275 Stone Mountain, GA 30083 404-508-0104/F 294-9623 dcraytor@craytorlaw.com South Georgia (Central GA, Coastal GA, SEGA, SWGA, Southern Crescent) Julie Dampier Culhane Culhane & Associates 7 East Congress Street, Suite 305 Savannah, GA 31401 912-239-9679/F 232-1320 Page 14 Georgia Mock Trial Competition Presiding Judge/Scoring Evaluator Orientation Session Friday, 24 January 2003 7:30 a.m. until noon State Bar of Georgia (Atlanta) 3rd Floor THIS SESSION IS NOT OPEN TO ANY PERSON NVOLVED IN ANY WAY IN COACHING A TEAM. 3 hours of Trial Practice CLE credit is available for attending this session. For more information, contact Stacy Rieke at the mock trial office: 404/527-8779 or toll free 800/334-6865 ext. 779 or email: mocktrial@gabar.org or contact your local mock trial Regional Coordinator: Emily Turner (Macon) Stephany Lewis (Canton) Donna Crossland (Brunswick) Linda Spievack (Marietta) Tania Tuttle (Decatur) Claire Dorchak (Atlanta) Bill Coolidge (Lawrenceville) Jim Manley (Atlanta) Rick Brown (Dalton) Roy Manoll (Athens) Mark Webb (Rome) Leslie Pickett Sheehan (Savannah) Chris Montgomery (Jonesboro) Maggie Bagley (Columbus) Jeff Richards (Douglasville) State Court Judges Newsletter ORIENTATION AGENDA Judge/Evaluator Orientation Session THIS SESSION IS NOT OPEN TO ANY PERSON INVOLVED IN ANY WAY IN COACHING A TEAM. FRIDAY, 24 JANUARY 2003 7:30 a.m. 12:00 p.m. State Bar of Georgia Conference Room #5, 3rd Floor 7:30-8:30 a.m.: Registration/Breakfast 8:30-10:00 a.m.: Orientation on the Georgia High School Mock Trial Competition Rules, Procedures and General Information Hon. George H. Carley (Atlanta) Justice, Supreme Court of Georgia and Honorary Special Consultant to the Georgia High School Mock Trial Committee 10:00-10:30 a.m.: Break 10:30 noon: Orientation on the 2003 Georgia High School Mock Trial Competition 2003 Civil Problem: Scooter Schwinn v. Kirby Farnsworth Roy E. Manoll, III, Esq., Fortson, Bentley & Griffin (Athens) Chair, GHSMTC Subcommittee on the Problem Noon-1:00 p.m.: Lunch 1:30 p.m.: Power-Match scoring orientation (Regional Coordinators or their designates ONLY) State Court Judges Newsletter "Judge for the Day" Program 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.: salary and retirement). tions 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. 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 delegation and others you already have a relationship with) know the Council's posi- 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 in the morning on your day and meet with the Executive Director. {EXACT TIME AND LOCATION WILL BE GIVEN TO YOU WHEN I CONFIRM BY SENDING YOU A MAP AND THIS INFORMATION WHEN I ACTUALLY LOCK YOU INTO A DATE} Page 15 3. You will be given all of the information that you need for the day's activities, including notes on any positions 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, you are entitled to submit for reimbursement of your per diem (mileage, lunch, parking and lodging, if necessary). The reimbursement form with instructions can be found on our website at www.georgiacourts.org/state/ under the Meetings button or I can give you a manual one when I see you. 6. Thanks for your support, and I hope to see you! Rep. Rich Golick, Joe Drolet, Solicitor, City Court of Atlanta, and Judge Clayton (Cobb). Jay Martin, Deputy Director, AOC, and Chief Judge Fowler (Chatham). Judge Jordan (Cherokee) and Rep. Chuck Scheid. Page 16 State Court Judges Newsletter Sign up for "Judge for the Day" It is imperative that I hear from you as soon as possible so that I can properly schedule in advance. Please make a copy of this page, check your calendar, check the appropriate box with accompanying information and fax back to (404) 463-0844 as soon as possible. The legislature convenes the second Monday in January of each year (which would be January 13th 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. Judge _________________________________________ ________________________________________ County _____ 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 January), 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 holiday season. Sen. Bill Stephens & Chief Judge Wynne (Hall). Rep. Doug Teper and Judge Wong (DeKalb). State Court Judges Newsletter Page 17 More "Judge for the Day" Pictures From Last Legislative Session Chief Justice Fletcher discusses an issue with Judge Ginsberg (Chatham) while Gov. Barnes walks to the podium during Family Violence Day at the Capitol. Judge Adams (Bibb) and Sen. Brown. David Ratley, AOC Director, and Judge Edgar (Bacon). Judge Highsmith, Sr. (Appling), Rep. Roger Byrd, and Robert Highsmith, Jr., State Ethics Commission. Judge Adams (Bibb) and Sen. Susan Cable. Indigent Defense cont. In 76 counties, indigent defendants are represented by lawyers drawn from a county-appointed panel of private attorneys. In 55 counties, indigent cases are assigned to contract attorneys who often must take on more clients than they can effectively represent. Full-time public defenders -- the system the Commission considered most likely to result in fair and effective representation -- are employed in 21 counties. The Commission found that indigent juvenile defendants are especially vulnerable to the inadequacies of the current system. In addition, there is no uniform approach to identifying and assisting indigent defendants with mental disabilities. It is estimated that indigent persons represent about 80% of all criminal defendants in Georgia. The Commission's report recom- mends that the state take over responsibility for paying for constitutionally adequate indigent defense. It calls for Georgia's indigent defense system to be reorganized on the basis of the state's 49 judicial circuits, instead of its 159 counties. The system, to be phased in over a three-year transition period, would be administered through a Georgia Indigent Defense Board representing all regions of the state. The Commission's findings were based on testimony from 65 witnesses, including county commissioners, sheriffs, judges, public defenders, prosecutors, and spokespersons for minority groups. The Commission also drew on the expertise of officials from other states, site visits to courtrooms and a special report prepared by The Spangenberg Group of Newton, MA, a nationally recognized criminal justice research group which has conducted studies in all 50 states. The Supreme Court of Georgia established the Commission in December, 2000 "to study the status of indigent defense in Georgia, to develop a strategic plan and to set a timetable for its implementation." The 26-member Commission was chaired by Charles R. Morgan, Executive Vice President and General Counsel, BellSouth Corp. Paul M. Kurtz, Associate Dean, University of Georgia School of Law, served as Reporter. The Commission's report can be viewed at the AOC's website, http://www.georgiacourts.org/aoc/ idcreports.html Page 18 State Court Judges Newsletter A Public Service Announcement Just When You Thought That it Was Safe to Go Out on the Golf Course... If Seen, Please Call Your Local State Court Judge. Armor plated carts are available for anyone wishing to be on the course at the same time! State Court Judges Newsletter Page 19 Interpreters for the Hearing Impaired in Georgia Courts Deaf people face special problems in Georgia's courts and criminal justice system. According to Jennifer Whitcomb, executive director of the Georgia Council for the Hearing Impaired in Decatur, 20% of the cases her agency deals with relate to individuals who have problems with the legal system. The problems include lack of access to interpreters in court rooms and serious miscommunication regarding consequences. Requirements The Americans with Disabilities Act (ADA) requires courts to make accommodations to ensure that deaf people have full access to justice and equal treatment under the law. Deaf people cannot be charged for the cost of "auxiliary aids" needed for effective communication. These are considered general expenses of court administration. Auxiliary aids include qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), and videotext displays. However, many courtrooms in Georgia are not equipped with the necessary assistive listening devices for hearing impaired individuals who do not use interpreters, Whitcomb said. Qualified Interpreters The Georgia Supreme Court Commission on Equality and the Administrative Office of the Courts are working to help courts find qualified interpreters for the deaf and hearing impaired. A "qualified interpreter" as defined by the U.S. Department of Justice, "... an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary." According to Georgia law (OCGA 24-9-104) interpreters are mandated in administrative and judicial proceedings for the hearing impaired, particularly when legal counsel has been appointed. Courts may use a "qualified inter- preter" who is certified as an interpreter by the National Registry of Interpreters for the Deaf, National Assoc. for the Deaf or approved by GA Registry of Interpreters for the Deaf. Ms. Stephanie Chambliss, Program Director, Georgia Commission on Equality is to publish a comprehensive list of certified interpreters for the deaf. The list is to be published on the Georgia Supreme Court website (www.georgiacourts.org) in early winter. However, during the interim, should you need you require an interpreter for the hearing impaired; you may contact her at (404) 463-3927 or chamblis@gaaoc.us Ms. Chambliss currently has a list of referral agencies that provide professional certified and qualified interpreters. Any interpreters wishing to be listed on the registry or courts who currently use sign language interpreters are encouraged to contact Ms. Chambliss. Interpreting Resource International, Inc. (770) 982-1141 (available 24 hours a day) (770) 247-2531 Pager (770) 982-1149 Fax Website: iri@3DWord.com Sign Language Interpreting Specialist, Inc. (770) 531-0700 (available 24 hours a day) (770) 947-0894 Fax Website: www.slisinc.com Georgia Interpreting Services Network (404) 521-9100 (404) 521-9121 Fax Website: www.gisn.org Registry of Interpreters for the Deaf www.rid.org McLaughlin Presented Doremus Award This year's recipient of the Ogden Doremus Award, which was presented at our Fall Conference at Jekyll Island, is the well-deserving Chief Judge Jack McLaughlin of the DeKalb State Court. A native of Atlanta, he studied at Emory University and Georgia State College. He received his degree in Economics and Finance, in 1956. Chief Judge McLaughlin was commissioned in 1957 to the U.S. Navy as an ensign, serving his country on active duty for three years with the Staff of Commander, Fleet Air Wing Six, in Iwakuni, Japan. He holds the rank of Captain (Retired) in the U.S. Naval Reserve. He was admitted to the Georgia State Bar in June 1965, and he received his J.D. degree in December of the same year. Chief Judge McLaughlin practiced law as an Associate with Powell, Goldstein, Frazer & Murphy, serving in that firm's Atlanta and Decatur offices until 1970, when he opened his office as a Sole Practitioner in Executive Park. In May 1979, he formed a partnership with now Judge Daniel M. Coursey, Jr. with offices in Century Center. Judge McLaughlin has served on the Doraville Planning Commission and City Council; as Kiwanis Club President in 1974, subsequently serving as Lt. Governor of the 14th Division DeKalb County, Georgia Kiwanis International; as well as a member of Dunwoody Methodist Church. Chief Judge McLaughlin has shared his knowledge of law with others as an Adjunct Faculty member, Georgia State University. He taught a graduate school course at the Department of Legal Studies, from 1980 through 1988. In 1995, he began teaching Intermediate Civil Litigation as a member of the Adjunct Faculty, at Emory Law School, until present. He was appointed to the bench of the State Court of DeKalb County by former Governor Joe Frank Harris in 1985, where he has served concurrent four-year terms by election in 1986, 1990, 1994, and 1998. The father of four children, Judge McLaughlin and his wife, Lynn reside in Dunwoody, Georgia. When asked what has made him so successful during his lengthy term of service in the judiciary, he stated that "I owe all of my success to Mat Robins who has taught me everything that I know." Our very best wishes go out to Chief Judge McLaughlin as he takes senior status. We are most grateful that he will continue his involvement with the Council and our bench! 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 TEQUANIA "T" HUNT Administrative Assistant 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