Second annual report [June 30, 1975]

THE JUDICIAL COUNCIL OF GEORGIA ADMINISTRATIVE OFFICE OF THE COURTS
2220 Parklake Drive Suite 335 Atlanta, Ga. 30345
The Second Annual Report of the Administrative Office of the Courts of Georgia is a publication of the Judicial Council of Georgia/Administrative Office of the Courts as required by Ga. Laws 1973, p. 288. Funding for this document was provided by Grant No. 74A-08-001 awarded by the State Crime Commission under a grant from the Law Enforcement Assistance Administration of the United States Department of Justice.
The Cover: Noted for its architectural excellence, the Morgan County Courthouse stands proudly in Madison, Ga. The two-story structure was built in 1905 and has one courtroom. The Morgan County Courthouse is included in the National Register of Historic Places.

SECOND ANNUAL REPORT
Administrative Office of the Courts of Georgia
(July 1,1974 to June 30, 1975)
Published pursuant to Georgia Laws 1973, p. 288
for
The Judicial Council of Georgia
by
The Administrative Office of the Courts
Robert L. Doss lr., Acting Director Marlene Goldman, Editor

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COU NCIL
Judge Hal Bell, Chairman Judge Kenneth B. Fo lio will , Vice Chairman J udge G. Ernest Tidwell , Sec. j'Ireasurer Judge F. J ack Adams Judge Marcus B. Calhoun J udge H. So l Clark J udge J . Bo wie Gray Ju st ice Ro ber t H. Hall J udge Walt er C. McMillan, J r. Cubbedge Sno w. Jr., Esq . J udge Willia m K. Stanley. Jr.

J UDICIAL COUNCIL OF GEORGIA
Administrative Office of th e Co urts SUITE 335 - 2220 PARKLAKE DR., N. E.
ATLANTA, GEORGIA 30345 (404) 939-7026

FOREW ORD

Robert L. Doss, Jr.

Co ur t ad m inis tra tio n as a func tio n, and indee d, as a separate p rofessio n, is an id ea w hose time has co me in Georgia.
The peopl e o f Georgi a co nfi rm ed thi s ide a in 1974 w he n vote rs ove rw hel mi ng ly rat ified a const itu tio nal ame nd ment call ing fo r unified court administration in thi s State. Whi le th e vo te reflect ed a natio nal trend toward b ri nging p rofessi onal busine ss pra cti ces into the co urts, it also represe nt ed in Georgia a stro ng co mmi tme nt to improvem ent o f th e ad mi nis tratio n of j ustice itse lf o n th e pa rt of th e be nc h, the bar, and th e public.
W ith th is, th e Second Annu al Repo rt of th e Adm in istrati ve Office of the Courts o f Georgia, w e o ff er to the citizens of thi s State a comm ent ary o n the courts and w hat the Judi cial Cou ncil and it s servic e arm, th e Adm ini strati ve Office of th e Courts, have accompl ished durin g the seco nd year of op eration .
U nd er th e guida nce of an ab le Judi ci al Coun cil co mp rised of nine j udges of co u rts of reco rd and the pr esident and past pr esid ent o f th e State Bar of Georgia, effo rts in the past yea r have co nce ntrated o n improvem ent and modernization of th e entir e co u rt system . M uc h of the seco nd year wa s devoted to compili ng an unprecedented profile o f the co urts - th ei r numbers, j urisd ic tio ns, caselo ads, record s, and faci li tie s. We dis covered more than 2,000 court s with varying and ove rla pping jurisdi cti on s, a variety of records- keep in g method s w hich resul ted i n large di scr epancies in o ur caseload data co mpi latio ns, and a w ide range in age and ade quacy of co urt ho use facilities.
The very diversity of the Georgia co urt system as indicated by ou r research stro ngly rein for ces th e need fo r a co ordin ative unit for all th e co urts in thi s State - a need w hi ch the Ge ner al A ssembly recogn ized and addressed th ro ug h th e creatio n of th e Coun ci l. Acting as that focal po int, the Admini strative O ff ice is no w usin g its studi es as the statist ical base for genera l, statewi de reco m mend ation s regardi ng manpo w er, fundi ng, pl annin g, ma nagement and o the r technical areas of cou rt ad mi nistration.
Add i tio nally; th e AOC w as involved this yea r in several sho rt -range tec hnica l assistance p roj ect s in such areas as calendaring, caseload manage m ent , ju ry mana gem ent, and othe rs. This service w as pro vided upon request to lo cal courts. We anticipate that th e future will involve more inte nsive eff o rts in these di scipl in es, w hi le p ro grams in comm unica ti o ns and conti nui ng ed ucat io n for courts pe rsonne l w ill also gain im pe tus.
The Second Annual Rep ort w ill add ress th ese and many o the r aspec ts of o pera tion of th e Ad ministra tive Office. It mirrors a most productive year , not o nly in term s of the effo rts of th e Judi cia l Council and th e Admin istrat ive O ffi ce, but also in regard to th e j udges and th e m any co urts-related personn el in Georgi a w ho pro vid ed im po rta nt inp ut into o ur stud ies and reco mme nda tions in a spirit of coo pe ration, ded ication and co nce rn.
It is our sin cere desir e that each year in th e fu tu re w ill prove as frui tf ul as th e year past as th is State moves closer to th e admi nistrative modern ization th at wi ll hel p in sure j ust ice for all Geo rgia ns.
1?JilJ~oss~~If

Act ing D i rect or Ad mi nistrative O ffi ce of th e Courts

CONTENTS

Part I. Report on the Georgia Courts

State App rop riations Char t

6

Georgi a Co urts: A Hi sto ry of Ch ange

7

The Co u rts in Fiscal Year 1975

9

Appellate Courts

9

Sup erior Courts

10

State Courts

13

Probate Courts

14

Ju ven ile Courts

14

Oth er Courts

15

Part II. Report from the Judicial Council and Administrative Office of the Courts

Func tio nal Relati on ships Chart

19

Members, Judicial Council of Georgia

20

Organization Cha rt , Admini strative Offi ce of the Courts

22

Intr odu ctio n

23

Communi cat ion s

23

Cou rt Con sultation

24

Cou rt Repo rt ing

24

Education

25

Faciliti es

26

Field Studi es

28

Indigent D efense

29

Inform ation Systems

30

Judgeship Studies

31

Judicia l No mi nating Co m missio n

33

Judi cial Quali ficatio ns Commissio n

33

Justices of the Peace

34

Juvenile Justice

35

Legal Service s

36

Patt ern Jury Instructio ns

37

Planning and Grants

37

State Pro secuti on Coordin ati on

38

Superio r Courts Senten ce Review Panel

39

Traff ic

41

AOC Funding Analysis

42

Part III. Report on Court-Related Legisl ation

Introdu cti on

45

Bills Passed in 1975 General Assembly

45

Part IV. Appendix

One : The AO C at a Glan ce

53

Two : Ga. Laws 1973, p. 288

56

(J ud ic ial Council Created)

Three : Members, judi cial Council of Georgia

58

(M ay 1, 1973 to june 30, 1975)

Four : Uni fi ed Court s Ame nd ment

59

Five: Ga. Law s 1974, p. 345

60

(Geo rgia Cou rt Reportin g Ac t)

Six: Ga. Law s 1975, p. 852

63

(J udicial Coun cil to Set Court Rep orter Fees)

Seven: A nnual Repo rt , Coun cil of j uve nile Court j udges

65

~M_iiiii H
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Part I Report On The Georgia Courts

11

State Appropriations for the Judiciary
FISCAL YEAR 1975

TOTAL STATE BUDGET $1,702,971 ,922

JUDICIARY'S BUDGET $9,022,277
.53% (Yz of 1%)

fiscal Year 1972 Fiscal Year 1973 Fiscal Year 1974 Fiscal Year 1975 Fiscal 'ear 1976

five-Year Comparison for Judicial Budget

$ 1,224,342,003 1,358,729,374 1,675,135,460 1,702,971,922 J ,841,125,219

blount of Increase
$ 134,387,371 316,406,086 27,836,462 138,153,297

Judicial
$ 5,331,385 6,520,313 7,954,483 9,022,277 9,843,583

Amount of Increase
$ 1,188,928 1,434,170 1,067,794 821,306
$ 4,512,198

Percentile of Total
.0044 .0048 .0047 .0053 .0053

Georgia's Courts:

A History of Change

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Since its first courts were established more than 200 years ago by the trustees of King George in Savannah, Georgia's court system has been continuously supplanted and streamlined. In the wake of seven Constitutional Conventions and passage of numerous Constitutional amendments and statutes affecting the organization and administration of the courts, this State in 1974 saw yet another chapter of its judicial history written with the passage of Constitutional Amendment Number One unifying the courts of Georgia for the purpose of administration. The evolutionary process now continues with future modernization efforts on the horizon.
First, a look at the past.* The original Georgia judiciary consisted of a Court of General Jurisdiction, Chancery Court, an Oyer and Terminer Court, Admiralty Court and various inferior courts. The Constitutional Convention of 1777 refashioned the system into three basic courts which saw little alteration for the next 44 years. The Supreme Court was the court of general jurisdiction (later the Superior Court) while the second court was labeled the Superior Court and was the predecessor of the Inferior Court. This Inferior Court was originally established as a court of limited civil jurisdiction and later grew to handle cases involving unlimited monetary amounts, minor criminal jurisdiction and many administrative functions in county matters. The third court was known as the Court of Conscience (later the Justice Court) which served as an inferior court of minimal civil jurisdiction.
'This historical analysis was compiled in part from The History of Fulton County and Atlanta Courts, 1972, by Joel C. Perrin.

A call for a radical change in the judicial system came in 1835 with a constitutional amendment providing for a three-man Supreme Court to ride the five circuits in the State, but it was not until ten years later that the legislature activated that particular Constitutional Amendment.
Another Constitutional Amendment in 1851 removed probate power from the inferior courts and gave this power to the Ordinary of each county with the right of appeal to the Superior Court.
The courts of the "independent State of Georgia" were established during the Secession Convention in the wake of the Civil War, but in actuality, the primary deviance from the former constitution was judicial selection. Under the Secession Convention Constitution of 1861, the judges of the Superior and Supreme Courts were appointed by the governor and confirmed by the General Assembly.
Selection in this manner lasted only four years, after which time a new constitution was adopted transferring the selection of Supreme and Superior Court judges back into the hands of the legislature.
In 1868, the Reconstruction Convention wrote yet another constitution which extended judges' terms of office and stipulated that Superior Court judges were to be appointed by the governor with the consent of the Senate. The 1868 Convention abolished the Inferior Courts, whose books, papers and proceedings were transferred to the Court of Ordinary while the District Courts were set up in Georgia's 44 Senatorial districts. Appointed by the governor for four-year terms, judges on this court had jurisdiction over all criminal cases not punishable by death or imprisonment in the penitentiary and in such civil cases as the legislature might

7

direct. Trial was without jury unless demanded, and in that case, seven-man juries were to be impaneled.
Georgia's longest-standing Constitution was drawn in 1877. Again, selection of judges of the Superior Courts was placed in the hands of the General Assembly. Only one judge was to be selected per circuit for a term of four years and at a salary of $2,000 per year. The Ordinary for each county was to be elected for four years, and one justice of the peace was to be elected by the voters of each militia district for four years to try cases involving $100 or less. In addition, each Superior Court judge was to appoint one notary public to each district upon recommendation of the Grand Jury with powers of the Justice of the Peace.
While the judicial article remained relatively intact for the next 70 years, there were some amendments and local statutes affecting establishment of the courts throughout Georgia. As the need arose, several special courts were organized such as the City Court and Criminal Court of Atlanta. The same period saw a populist movement toward judicial independence from the legislature. The Supreme Court was expanded in 1876 from three to six justices whe were to be selected by popular election. The election of solicitor general of the Superior Court followed in 1887. Other changes included that in all counties over 34,000 population, salaries were raised for Superior Court judges to $5,000; circuits were realigned, and in 1898, another amendment provided for the election of Superior Court judges. In 1906, the Court of Appeals of Georgia was created to relieve the Supreme Court. This new appellate court was established with three popularly elected judges who served six-year terms.
The early 1900's also saw creation of Children's Courts as branches of the Superior Court. In 1915, the Children's Courts were ruled unconstitutional by the Supreme Court, and the General Assembly created Juvenile Courts in all counties with more than 60,000 population. This was later adjusted to 50,000 population.
The Constitution of 1945 increased the size of the Supreme Court to seven justices, and the General Assembly was given authority to set state salaries paid to the Superior Court judges.
While the years that followed saw through special legislation many changes for individual courts along with salary increases and further refinement of responsibilities, until this decade there has never existed any viable agency to coordinate and service the non-adjudicatory or adminis-

trative function of the various courts. Early in the twentieth century, calls for such a coordinating agency were issued by high ranking jurists, bar leaders, and other statesmen. Indeed, in 1945, such an act was passed creating a judicial Council charged with conducting continuous studies of the organization of the courts and formulating methods for simplifying judicial procedures. Unfortunately, however, this Council proved ineffective, and it was not until the early seventies that the administrative aspect of court modernization was again examined. In that year, Governor jimmy Carter created the Governor's Commission on judicial Processes. The 14 members of the bench and bar on the commission evaluated the courts system in Georgia, and after extensive study, recommended that experts in management and court administration should conduct studies leading to the creation of an administrative system for Georgia's courts.
In May 1973, the Judicial Council of Georgia, composed of nine judges of courts of record and the president and immediate past president of the State Bar of Georgia, was sworn into office by Governor Carter. The Judicial Council and its service arm, the Administrative Office of the Courts (AOC), were created by the 1973 General Assembly (1973 Ga. Laws, p. 288). A companion resolution to Act 178 creating the Judicial Council and AOC called for a constitutional amendment providing that for the purpose of administration, all courts of Georgia should be part of one unified judicial system, and that the administration of the unified judicial system should be as provided by law.
Amendment One for unified administration of the cou rts passed the 1974 General Election by a 2-1 margin. Another amendment authorized the General Assembly to provide for a State Court of Claims, while yet another amendment changed the designation" Court of Ordinary" to "Probate Court" to more accurately reflect the court's modern day operation.
The process of court modernization promises continuation under the leadership of Governor George Busbee. As Fiscal Year 1975 drew to an end, the new governor called for creation of a special commission to study reorganization of the courts of Georgia. The Administrative Office of the Courts is providing staff assistance for this undertaking which portends significant streamlining of the Georgia courts system toward the ends of providing more efficient delivery of justice to all Georgians.

8

The Courts in Fiscal Year 1975

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During Fiscal Year 1975, the Administrative Office of the Courts channeled its efforts toward providing a profile of Georgia courts and gathering caseload statistics on the work of the courts. At the time this Annual Report was compiled and printed, caseload statistics had not been fully completed for inclusion in this report, but will be published in separate documents in 1975. Future annual reports will strive to present filings, dispositions and other pertinent information to portray the work of the courts.
Because of lack of personnel in all the courts in Georgia, the press of business and the lack of a caseload reporting system, such statistics have not been gathered in the past. The Fiscal Year 1975 Annual Report does, however, chronicle other changes which occurred within the court system this year. These changes are in the areas of personnel and court operations.

The Appellate Courts
Georgia's highest appellate court, the Supreme Court, is comprised of seven justices who, during three terms of court per year, hear cases on appeal from the Superior Courts, the City Courts of Atlanta and Savannah and other like courts, the Criminal Court of Fulton County and the Juvenile Courts. The Supreme Court may consider cases brought up from the Court of Appeals by certiorari or those questions upon which the Court of Appeals is equally divided. The Supreme Court has original appellate jurisdiction in cases in which the constitutionality of any law in Georgia or the United States is questioned; where construction of the Constitution of Georgia or the United States or any treaty is in question; all cases regarding title to land; all equity cases; all cases involving the validity or construction of wills; all capital felony cases; all habeas corpus cases; all cases involving extraordinary remedies; all divorce and alimony cases, and in all cases certified to it by the Court of Appeals. The court has the power to make all necessary rules not in conflict with the Constitution or laws, works in conjunction with the legislature in the formulation of rules of practice and procedure, and the justices also promulgate rules governing bar examinations.
To be elected to the Supreme Court, a candidate must be at least 30 years of age, a citizen of Georgia for three years and shall have practiced law for seven years. Justices are elected for six-year terms. The chief justice is elected by the associate justices, as is the presiding justice.

_
The Georgia Court of Appeals is manned by nine judges whose qualifications must be the same as Supreme Court justices and who are also elected for terms of six years. A chief judge is elected by the other judges of the court, and he presides over the first of the three divisions of the court. Presiding judges for the other two divisions are designated by the chief judge.
The Georgia Court of Appeals has jurisdiction to correct the errors on appeal from the same lower courts from which appeals lie to the Supreme Court, but only in those cases wherein jurisdiction is not conferred on the Supreme Court.
Two major changes in the law affected the Supreme Court in Fiscal Year 1975. Under one new statute (Ga. L. 1975, p. 757), after interlocutory appeals have been certified by the Superior Court judge, application for appeal must be made to the appellate courts and must be approved by a judge of the Court of Appeals or a justice of the Supreme Court before it is heard by the appellate court. This has had the effect of decreasing the time that appeal courts must spend on reviewing interlocutory appeals and also has allowed cases to be returned to the Superior Court faster than in the past.
A second measure (Ga. L. 1975, p. 1143) has had the effect of decreasing the time justices must spend in reviewing habeas corpus appeals. This act requires that the application for appeal be approved by one of the justices before it is presented before the enti re cou rt.

9

Personnel Changes (J uly 1, 1974 to June 30, 1975)
Supreme Court of Georgia
APPOINTMENTS Chief justice H. E. Nichols by the Supreme Co urt
for term beginning jan . 1, 1975. Associate justice Harold Hill by Executive Order
for term Dec. 31 ,1974 - Dec. 31,1978.
ELECTIONS* Associate Justice William B. Gunter fo r six-yea r term. Associate justice Rober t H. Hall for six-year ter m. Associate Justice G. Conl ey Ingram fo r six-year term. Presidin g Justice H. E. N icho ls fo r six-ye ar term.
RETIREMENTS AND RESIGNATIONS Chief Justice Benni ng Grice retired Jan. 1, 1975.
' Te rm began Jan. 1,1 975.

Personnel Changes (J uly 1, 1974 ta June 30, 1975 )
Georgia Court of Appeals
APPOINTMENTS Judge Thomas O . Marshall by Executive Order for
term Nov. 1, 1974 - Dec. 31/1974.
ELECTlONS* Ch ief Judge John Sammons Bell for six-yea r term. Judge Irw in W . Stolz for six-year ter m . judge Thom as O. Ma rshall for six-year term . Judge Julia n Webb for six-year term.
RETIREMENTS AND RESIGNATIONS Presidi ng Jud ge Hom er C. Eberhardt ret ir ed Oct. 31,
1974.
IN MEMORIAM Presid in g Judge Homer C. Eberhardt (reti red) d ied
Jan. 6/ 1975.
' Te rm began Jan. 1, 1975.

The Superior Courts
As Fiscal Year 1975 dre w to a cl ose, there w ere 86 Super ior Court judges in 42 j udicial circu its in Georgia. In additi on to the full- ti me Super ior Court judges, 19 emerit us (retired) j udges may be called upon fo r duty with full authority of Supe rio r Cou rt j udges when co nditions warrant. The nu m ber of j udges per circui t varie s fro m a minimum of one j udge pe r jud ici al circ ui t to 11 in the most popu lou s ci rcu it (Atlanta). Likew ise, circ uits vary in number o f counties according to pop ulation . Georgia law requi res court to be held in each county in Geo rgia at least twice a year with more frequent terms authorized by the legislature when the pressure of busines s warrants.
The Super ior Court has thre e types of original j urisdi ction :
- Excl usive const itutional j urisdi ctio n in cases of divorce, crim inal cases in which the accused may be senten ced to death or imprisonment, title to land, equity cases, and powers to correct errors of inferio r judicatories by writ of certiora ri ;

_
- Excl usive statuto ry j u risdi cti o n in such matters as declaratory j udgements, mandamus, quo warrant o and prohibition , and any o ther type o f jurisdiction authorized by statute;
- Concurrent jurisdiction with other trial co urts fo r most civil actio ns and all crim inal cases in w hich a viola tio n of State law has been allege d.
In additio n, the Constitution gives the Superior Courts authority to hear appeal s fro m inferior j ud icato ries " as provided by law. "
During the last fiscal year, several impo rtant admi nistrati ve chan ges affecting the Super ior Courts were authorized in Georgia. Six-person juries were autho rized in civ il cases in which the claim for dama ges wa s less than $5,000, thus decreas ing the number of jurors wh ich must be called. State-paid salaries fo r Superio r Court j udges secretaries were increased from $6/000 to $7/200/ and upon the recommendation of the Judicial Council , the General Assembly provided fo r additional judgeships in the Flint and Southern Judicial Ci rcuits.

10

Superior Court Circuits

CIRCUIT BOUNDARY

o

50

!

,

mil es

11

Personnel Changes (July 1, 1974 to June 30, 1975)
The Superior Courts
APPOINTMENTS Atlanta Circuit . .. Judge Joel J. Fryer by Executive
Order for term f rom July 1 to Dec. 31, 1974. Conasau ga Circuit . .. Judge Coy H. Temples by
Executive Order for term from May 8 to Dec. 31, 19 74.
c. Coweta Circuit . . . Judge Joseph Jackson by
Execut iv e Order for term from May 8 to Dec. 31 , 1974. Dougherty Circuit ... Judge Leonard Farkas by Executive Order for term fro m May 8 to Dec. 31, 1974 . Flint Circuit .. . Judge Sam Whitmire by Executive Order for term from July 1,1975 to Jan. 1, 1977. Southern Circuit . .. Judge W . G. (Gus) Elliott by Executive Order for term from May 7, 1975 to Dec. 31, 1976. Southwestern Circuit .. . Judge William F. Blanks by Executive Order for term from Nov. 1, 1974 to Jan. 1, 1977. Wa ycross Circuit . . . Judge Elie L. Holton by Executive Order for term from May 8 to Dec. 31 , 1974. Judge Emeritus . . . Judge Robert L. Scoggin by Executive Order.
ElECTIONS*
Atlanta Circuit . .. Judge Jack Paul Etheridge for eight-year term.
Atlanta Circuit ... Judge Joel J. Fryer for eight-year term.
Atlanta Circuit . .. Judge Sam Phillips McKenzie for eight-year term.
Atlanta Circuit . . . Judge Claude D . Shaw for eightyear term .
Atlantic Circuit .. . Judge Paul E. Caswell for fouryear term.
Atlantic Circuit ... Judge John R. Harvey for fouryear term .
Augusta Circuit .. . Judge John F. Hardin for fouryear term.
Augusta Circuit ... Judge William M. Fleming, Jr. for four-year term.
Brunswick Circuit .. . Judge Winebert D. Flexer for four-year term.
Chattahoochee Circuit . .. Judge Oscar D. Smith, Jr. for fou r-year term.
Conasauga Circuit ... Judge Coy H. Temples for four-year term.
' Term began Jan. 1, 1975.

Cordele Circuit . .. Judge William LeRoy McMurray, Jr. for four-year term.
Coweta Circuit . . . Judge Joseph C. Jackson, Jr. for fo ur-year term .
Dougherty Circuit .. . Judge Leonard Farkas for four-year term.
Eastern Circuit ... Judge Frank S. Cheatham, Jr. fo r four-year term.
Flint Circuit . . . Judge Hugh D. Sosebee for fouryear term.
Griffin Circuit . . . Judge Andrew J. Whalen, Jr. for four-year term .
Gwinnett Circuit .. . Judge Reid Merritt for fouryear term .
Lookout Mountain Circuit . . . Judge Paul W . Painter for four-year term.
Macon Circuit . .. Judge C. Cloud Morgan fo r fouryear term.
M acon Circuit ... Judge George B. Culpepper, III for four-year term .
Middle Circuit . . . Judge Walter C. McMillan, Jr. for four-year term.
Northeastern Circuit . . . Judge A. Richard Kenyon for four-year term .
Ocmulgee Circuit .. . Judge Joseph B. Duke for four-year term.
Pataula Circu it . . . Judge Walter I. Geer for fouryear term.
Rome Circuit ... Judge John A. Frazier , Jr. for fouryear term.
Southern Circuit . .. Judge George A. Horkan, Jr. fo r four-year term.
Southern Circuit ... Judge Marcus B. Calhoun for fou r-year term.
Stone M ountain Circuit . . . Judge William T. Dean fo r fo ur-year term .
Stone Mountain Circuit . . . Judge Clarence L. Peeler, Jr. for four-year term .
Tallapoosa Circuit . . . Judge Dan A. Winn for fouryear term .
Waycross Circuit .. . Judge Ben A. Hodges for fouryear term.
Waycross Circuit . . . Judge Elie L. Holton for fouryear term.
Western Circuit . .. Judge James Barrow for fouryear term.
IN MEMORIAM Atlanta Circuit . .. Judge Emeritus Virlyn Branham
Moore died May 13, 1975. Atlanta Circuit .. . Judge John L. Tye, Jr. (retired)
died Oct. 17, 1974. Northern Circuit . . . Judge Emeritus Carey Skelton
died May 13, 1975.

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The State Courts
Georgia 's system of State Courts was established in 1970 (Ga. L. 1970, p. 679 et seq.) from a myriad of city, county, civil and criminal courts which had been create d in p reviou s years to help reli eve th e w orkl oad of the Superior Co urts. The act creatin g the State Court was an attempt to unify and standardize these many diverse courts, and was done at the instance of the Trial Judges and Solicitors Associati o n.
State Court j udges mu st be pr act ici ng atto rneys for at least three years to qualify for this ju dgeship. At present, 67 State Co urt ju dges hold court in Georgia , many of them on a part-time basis.
These co urts have j urisdi ction wit hin the limits
Penonnel Changes (J uly 1, 1974 to June 30, 1975)

_
of the county in which they are located con current with the Superior Co urts o f such counti es to try and dispose o f all civil cases or proceeding s of w hatever nature, w hether arising ex contractu or ex deli cto except in ex de lic to actio n where the origin al act creating the co urt or any amendment thereto limited or excluded certai n ju risdi ction un der the com mon law or by statute excep t those matters w hich are vested excl usively in the Superior Cou rt. The State Courts also have crim inal j u risdi ction over all misdem eano r cases, but no t felo ny cases. The defendant in crimi nal pr o ceedi ngs in the State Court does not have the right to indictment by the grand jury of the co unty.

~POINTMENTS
Chatham County ... Judge James W. Head by Executive Order for term beginning May 7, 1975 fo r an interi m term until special election in the fall.
Cobb County . . . Judge P. Harris Hines by Executive Order May 8 for term from May 8, 1974 to Dec. 31, 1974.
Houston County ... Judge Paul C. Arm itage by Executive Order for term from Feb. 28, 1975 to Dec. 31, 1975
fliroup County ... Judge A. Vernon Belcher by Executive Order for term from June 10, 1974 to Jan. 1, 1977.
Washington County . . . Judge Thomas A. Hutcheson by Executive Order for term from Aug . 27, 1974, to Dec. 31, 1976.
LECTIONS
ppling County . . . Judge Peyton Miles for term from Jan 1, 1975 to Jan. 1, 1979.
Bibb County . . . Judge J. Taylor Phillips for term from Jan. 1,1975 to Jan. 1,1979.
Chatham County . . . Judge Edward M. Hester for term from Jan. 1, 1975 to Jan. 1, 1979.
Clarke County ... Judge Grady C. Pittard Jr. for term from Jan. 1, 1975 to Jan. 1, 1979.
Cobb County . .. Judge Dorothy A. Robinson for term from Jan. 1, 1975 to Jan. 1,1979.
Cobb County .. . Judge P. Harris Hines fo r term from Jan. 1,1975 to Jan. 1,1979.
DeKalb County ... Judge Jack Bryan Smith for term from Jan. 1, 1975 to Jan. 1, 1979.

Effingham County . . . Judge R. Edward Reddick, Jr. for term from Jan. 1,1975 to Jan. 1,1979.
Grady County . . . Judge Clayton R. Baker for term from April 1, 1975 to April 1, 1979.
Gw innett Coun ty ... .Judge Joseph E. Cheeley, Jr. for term fro m Jan. 1, 1975 to Jan. 1, 1979.
Hall County ... Judge C. Winfred Smith for term from Jan. 1, 1975 to Jan. 1, 1979.
Houston County . . . Judge Paul C. Armitage for term from Jan. 1, 1975 to Jan. 1, 1979.
Jenkins County .. . Judge Thomas M . Odom fo r term from Jan. 1, 1975 to Jan. 1, 1979.
Liberty County . .. Judge J. Neil Osteen for term fro m Nov. 5, 1974 to Jan. 1, 1979.
Pierce County .. . Judge Francis Ho uston for term from Jan. 1, 1975 to Jan. 1, 1979.
Polk County . .. Judge Olin T. Flournoy for term from Jan. 1 ,1975 to Jan. 1, 1979.
Tattnall County . . . Judge Dan S. Cowart for term fro m Jan. 1, 1975 to Jan. 1, 1979.
Tift County ... Judge John D. Crosby for term from Jan. 1, 1975 to Jan. 1, 1979.
Walker County . .. Judge Charles Clements, Jr. for term from Jan. 1, 1975 to Jan. 1,1979.
IN MEMORIAM
Chatham County ... Judge Edward M . Hester died April 21,1975.
Mi tchell County . . . Judge Edward Thomas Hughes died Jan. 4, 1975.
Washington County . . . Judge Casey Thigpen died Aug. 20, 1974.

13

The Probate Courts
Until recently, the Probate Court was known as the Court of Ordinary. It is one of the o ldest courts in Georgia with the judge serving traditionally in a dual capacity as both administrative officer of the county and as the presiding officer of the Probate Court. A Probate judge is elected in each county in Georgia for a term of four years. Qualification requirements vary according to population: in cou nties of less than 100,000, o ne mu st be a citizen , 21 years old and a qualified voter ; with more than 100 ,000, the candidate must be 30 years old, and have practiced law fo r three years or acted as clerk of the Probate Court for five years ; in counties with populations of more than 196,000, o ne m ust, in addition , have such service as clerk conti nuous and immediately prior to his election and may not engage in the private practice of law.
As a co urt, the State Co nstitutio n specifica lly gives jurisdiction to the Probate judge to try misdemeanor cases arising under the Georgia State Highway Patrol Act of 1937 . In addi tio n, they have jurisdiction to try State game and fish violations. Other matters within the jurisdiction of the court are probate of wills, granting letters of administration in intestate estates and gene ral supervision of administrators and executors, granting letters of guardianship and general supervision of matters of guardianship relatin g to insane pe rsons and lunacy proceedings, and habeas corpus except capital felonies when the prisoner is held for ext raditio n.
A lthough many of his duties as administrative officer have been delegated to other officers or groups of persons in various count ies, unless so stated by specia l stat ute, the Probate judge as

--
adm inistrative officer has these broad powers: directio n and co ntrol of co unty p ropert y ; levyin g co unty taxes; establishing, altering or abolishing county roads , bridges and ferries ; establishing and changi ng mili tia districts ; supplyi ng by appoi ntment vacancies in county offices and ordering elections to fill them ; settling claim s against the county ; auditing the accounts of other officers and making ru les and regulatio ns fo r the support of the poor, ior the police of the county and for the publ ic health ; and regulating and licensing peddling. In addition , a nu m ber of statutes p lace additio nal duties upon the judge including supervision of elections within the county, supervision of referend a co ncerning liq uor sales, granti ng licenses to carry weapons, admi nistration of the homestead exemption laws, and issuance of marriage licenses .
During the General Election of 1974, Georgia vote rs changed the nam e of the Co urt of O rdi nary to the Probate Court. The duties of the court were not altered by thi s change in designation .
Personnel Changes (J uly 1, 1974 to June 30, 1975 )
Probate Courts
ELECTIONS Bartow County ... Judge Norma J. Tidwell for term
from June 10, 1975 to August, 1976 . Chattooga Coun ty . .. Judge Jon Payne fo r term
from Feb. 25, 1975 to D ec. 31, 1975.
RETIREMENTS AND RESIGNATIONS Bartow Cou nty .. . Judge Eva S. Co ll in s reti red Apri l
30, 1975. IN MEMORIAM Chattooga Cou n ty . .. Judge Paul B. W eems died
D ec. 29, 1974.

Currently, juvenile matters are handled in Georgia by judges of the Superior Courts, Juvenile Court j udges w hose j urisdictio n is o nly j uve nile matt ers, appointed referees and State Court judges. In counties having populations of 50,000 or mo re, separate Juvenile Cou rts are created and hear all juveni le matters. In cou nties havi ng popu latio ns of less than 50,000, Superior Court judges hear juvenile cases unless two successive grand juries recomme nd that a j uve ni le co urt be estab lished . Juveni le Cou rt judges are appointed for six years by the Superior Court.

In order to be a Juvenile Court judge in Georgia, o ne mu st be an attorney with a mini m um of three years expe rie nce and mu st be at least 30 yea rs of age.
At last count, juvenile cases in Georgia were bei ng heard by 19 pa rt-time Juveni le Co ur t j udges, 7 State Court judges, 36 Superio r Cou rt judges and 19 referees. A total of 48,116 j uvenile cases were disposed of in 1974 .
The Juveni le Court has exclusive origina l jurisdiction over juvenile matters and is the sole court for initiating proceedings concerning any

14

child alle ged to be delinq uen t, deprived, or mentall y ill or ret ard ed. In cases of cr im inal offen ses, jurisd ict ion is co ncurrent wi th th e Superio r Court. The Juvenile Court also has j u risd ictio n to appoint guardians and jurisdiction in cu stod y cases.
An y person un der the age o f 17 years is co nside red a chi ld and is und er the jurisd ictio n of the Juvenil e Co urt. A ny individ ual under the age
Personnel Changes (J uly 1, 1974 to Jun e 30, 1975)
Juvenile Court
APPOINTMENTS Butts, Henry, Lamar and Monroe Cou nties . .. Judge
Sam L. Whitmire by the Flint Judicial Circuit Superior Court fo r term Sept. 1, 1974 to Sept. 1,1980. Butts, Henry, Lama r and Monroe Counti es . . . Judge A. J. W elch by the Flint Jud icial Circui t Superi o r Co urt for te rm July 1,1975 to A ug. 1,1980.
Chatham County . . . Judge Grad y L. Dickey by the Eastern Judicial Circuit Superior Court for term May 9,1975 to Ma y 9,1981.
DeKalb County ... Judge Edward Wheeler by the Stone Mountain Judicial Circuit Superior Court for term Ma r. 1, 1975 to Mar. 1, 1981 .
Floyd Co un ty . . . Judge Harold N. Wo llstei n by Rom e Judicial Circ uit Supe rior Court Judge Ro bert L. Royal for term Jan. 1, 1975 to Ma r. 1, 1975 .
Hall County . . . Judge George W. Brown by Northeastern Judi ci al Circuit Super ior Court Judge

of 21 years w ho co m m itte d an act o f delinq uency w hi le a child is also und er the j u risdi ctio n of the Juvenile Cou rt.
Appeals in all cases of final jud gm ent are to the Court o f Appeal s or Sup reme Court. (See Appen dix Seven for An nual Report of the Coun cil of Juvenil e Court lud ges.)
A. R. Kenyon for term from Jan. 1, 1975 to Dec. 31, 1 9 75. Piedmont Judicial Circuit . .. Judge James W . Parr is by Superior Co urt Jud ge Ma rk D un ahoo for te rm Oct. 4, 1974 to Oct. 4, 1980. Sumter County . . . Judge Lawton LeSueur, Jr. by th e Superior Court for term June 1,1975 to May 31, 1981. Whitfield County . .. Judge Eugene C. Taylor by Cona sauga Judicial Circuit Superior Court Judge Robert Vinin g, Jr. and Judge Coy H. Temples for term Feb. 1, 1975 to Feb. 1,1981. RETIREMENTS AND RESIGNATIONS Barrow, Banks and Jackson Co un ties . . . Judge Ja me s W . Parris resigned May 22, 1975. Butts, Henry, Lamar and Monroe Counties . . . Judge Sam L. Whitmire resigned June 25, 1975 . Chatham County . . . Judge James W. Head resigned Ma y 7, 1975.

Other Courts

_

While Georgia Cou rts of Record s are th e o nly co urts covered in thi s repo rt, the re are approximately 2,136 ot her co urts performi ng j udicial functions in Georgia. They include an estimated 2,145 j udges and empl oy approxi m ately 420 other j udi ci al personnel.
Am on g th ose co urts are special ci vi l and crim inal co urts w hi ch have partial State Court j urisd ictio n but are in lo calit ies in which the busines s o f a cit y court has gro w n to the extent that the co urt has been converted into a civil and crim inal co urt or divide d into each. Suc h co urts are the Civil Co urt of Fulton Co unty, the Crim inal Court o f Ful to n County, the Civil Co ur t o f Richmond County and the Civ il Court o f Bibb County.
In addition to the maj or courts o f record , th e co urt system also includes 1,634 Justice o f the Peace Co urts, two mag istrate courts, 38 sm all claims courts, two co unty co urts , fo ur recorders'

co urts, tw o municipal co urts, and between 360 to 450 poli ce, mayors, recorders, traffic, muni cip al, criminal, city co uncil and justi ce co u rts.
Personn el Chang es (J uly 1, 1974 to Ju ne 30, 1975 )
Special Courts *
APPOINTMENTS Civil Court o f Fulton County .. . Judge Ho race T.
Ward by Executive Order for term July 1,1974 to Jan.1 , 1979.
ELECTIONS Civi l Cou rt of Bibb Coun ty . . . Judge J. Dou glas
Carl isle for term Jan. 1, 1975 to Jan. 1, 1979. Civil Court of Fulto n Co unty . . . Judge Thomas L.
Camp for term Jan. 1, 1975 to Jan. 1, 1981. Civil Court of Fulton County ... Judge Thomas
Morgan fo r term Jan. 1,1975 to Jan. 1, 1981. Civil Co urt of Fulton County . . . Judge E. A. Wrig ht
for term Jan. 1, 1975 to Jan. 1, 1981 .
' Wi th partial State Court jurisd ictio n.

15

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Part II
Report From The Judicial Council And Administrative Office Of The Courts

One of the most modern judicial facilities in Georgia, the steel and glass Columbus Government Center was built in 1972. The eleven-floor structure contains four courtrooms. This is the fourth courthouse built in Muscogee County. The first, a rough wood structure was replaced in 1838 by a brick courthouse, and in 1959, it was replaced by yet a larger brick courthouse.

Coordination
Governor's Office Attorney General's Office State Crime Commission Department of Human Resources
County Commissions Department of Offender Rehabilitation Private Organizations and Individuals
Archives

Direct Services
Court Administrators Clerks of Court Court Reporters
Law Clerks Judges
Judges Secretaries Bailiffs

JUDICIAL COUNCIL and
ADMINISTRATIVE OFFICE OF THE COURTS

Indirect Services
State Bar of Georgia Public Defenders Sheriffs Prosecutors

Direct Services
Court-Related Associations Pretrial Release Programs
Sentence Review Panel Board of Court Reporting Court Probation Systems Court-Related Commissions

19

Members of the Judicial Council of Georgia
July 1, 1974 June 30, 1975*

Judge Hal Bell, Cha irman
Superior Court Macon Judicial Circuit Macon

Judge Kenneth B. Followill, Vice Chairman State Court of Muscogee County Columbus

Judge 1. Bowie Gray Superior Court Tifton Judicial Circuit Tifton

Associate Justice Robert H. Hall Supreme Court of Georgia Atlanta

Judge H. Sol Clark Georgia Court of Appeals Atlanta

20

Idge G. Ernest Tidwell, Secretary-Treasurer
iperior Court t1antaJudicial Circuit ilanta

Judge F. Jack Adams Immediate Past President State Bar of Georgia Cornelia

Judge Marcus B. Calhoun Superior Court Southern Judicial Circuit Thomasville

Judge Walter C. McMillan, Jr. Superior Court Middle Judicial Circuit Sandersville

Cubbedge Snow, Jr., Esq. President State Bar of Georgia Macon

Judge William K. Stanley, Jr. Probate Court of Bibb County Macon

'See A ppe ndix Thr ee fo r me mbers of Judic ial Coun cil since creat io n in 1973.
21

Organization of the Administrative Office of the Courts
As of June 30, 1975

Acting Director

I

Robert L. Doss, Jr.

Office Manager Secretary Donna Nash

Assistant Director for Systems and Finance
David S. Harte

Assistant Director for Planning and Grants Douglas C. Ikelman

Assistant Director for

Assistant Director for Courts

Legal Services

Coordination and Research

Russell N. Sewell, Jr.

J. Chris Perrin

,
"-

.,- /

Courts Consulting Section

Directed by Mr. Sewell

and Mr. Perrin at present.

No single director. Tail-

Staff Attorney Anne Orr

ored as needed for special projects.

Fiscal Officer

Computer Analyst

Maynard Graff f- Maurice Hatchell

Communications Specialist
Marlene Goldman

Bookkeeper Carolyn Hutto

-

Bookkeeper Norma Manget

Secretary Kennethe Cotterman

Secretary Frankie Baldwin
Judge Sentence Review Clerk Phyllis Tanner

Research Associate Alton Moultrie
Field Coordinator Andy Garr
Secretary Angele Nelson

Secretary Brenda Lee

Senior Court f-- Consultant
Paul K. Willis
Court Consultant Wa lker Jackson
Court Consultant Rick Groover
22

Introduction

_

The second year of operation of the Administrative Office of the Courts under the guidance of the judicial
Council of Georgia has been a full and fruitful one.* It has been marked with the completion of preliminary
results of several complex, long-range studies; the important passage of Constitutional Amendment Number One calling for a unified court system for the purposes of administration; creation of two new Superior
Court judgeships; the inception of new research eiiotts, and further refinement of the goals, duties and
accomplishments of the Administrative Office as defined by law.**
The concept of the 1973 act creating the ludicial Council and Administrative Office of the Courts (Ga. L. 1973, p. 288) was that of management services to all the courts in Georgia. Its intent was not only to gather statistical data reflecting the operations of the courts, but also to offer realistic recommendations and technical assistance to the judiciary.
These efforts towards streamlining court procedures and thus insuring swifter justice for all Georgians were led in Fiscal Year 1975 by judge Hal Bell, Superior Court, Macon judicial Circuit. judge Kenneth B. Followill, State Court of Muscogee Countv, served as vice chairman, and judge G. Ernest Tidwell, Superior Court, Atlanta judicial Circuit, was secretary-treasurer.
Using $583,026 in federal LEAA funds subgranted through the State Crime Commission and $118,000 in State funds, the judicial Council and Administrative Office of the Courts moved closer in Fiscal Year 1975 to the realization of a unified court system for Georgia.
The pages which follow depict the organization, activities, and functional relationships of the judicial Council and AOC from july 1, 1974 through june 30, 1975.
'See Appendix One for "The AOC at a Glance," a summary of all activities. "See Appendix Two for duties of the Judicial Council/Administrative Office on the Courts as set forth by Georgia law.

Communications
Because close communications and understanding between the courts of Georgia is a necessary element of a unified court system, the transmittal of pertinent information to the judiciary and the public received great emphasis during the AOC's second year in operation.
Several channels were chosen to achieve the above objectives - the Georgia Courts Journal, press releases, printed studies, and manuals.
The second volume of the Georgia Courts Journal, the bi-monthly newsletter of the AOC, was expanded to bring to Georgia judges and courtrelated personnel an overview of the happenings in the justice system in Georgia as well as the nation as a whole. Georgia judges in Fiscal Year 1975 were kept up-to-date on a bi-monthly basis with the activities of the Administrative Office, summaries of the various training sessions of judges and court-related personnel in Georgia, personnel changes, new laws and upcoming state and national

_
events of interest to the judiciary. Educational sessions were highlighted in each issue, and on the literary front, each Courts Journal has focused on recent publications of import to the judiciary. A variety of topics have been addressed in the newsletter, such as courthouse architecture, jury selection, rules of the Superior Courts Sentence Review Panel, and the recommendations of the Courts Task Force of the Governor's Commission on Criminal Justice Standards and Goals. The Courts Journal has received praise on the local, state and national levels, and will continue to serve as a timely vehicle to further coordinate the judiciary in Georgia.
The Communications Office of the AOC is' also seeking to provide an information service for the Judicial Council and the AOC by issuing periodic press releases on the activities of the courts. From July 1, 1974, through June 30,1975,68 releases were distributed by the Administrative Office to the Georgia news media.

23

In its second year of operation, the Administrative Office added to its growing list of publications with the printing of the First Annual Report, the Report on the Need for Additional judicial Manpower and a Manual for justices of the Peace. Other publications projected for the coming months include a manual of sample rules for the Superior Court, a traffic court manual of uniform rules, a report on the AOe's records study, a caseload study report, a juvenile Court handbook, and a directory

of courts personnel in Georgia. The communications office is also investigating such projects as a bi-centennial educational film regarding the courts in Georgia - past, present, and future, courtsmedia guidelines, and will be distributing special legislative reports during the 1976 General Assembly.
Through these information vehicles, the communications office of the AOC seeks to encourage the continuing education of the Georgia judiciary.

Court Consultation
While the AOC has been deeply involved since its creation with a number of complex, long-range information gathering projects, the Judicial Council has felt that the agency's function not only should be to compile data, but to provide technical assistance at the local level as the need arises.
This service concept to the courts has been increasingly recognized by the judiciary during the past year and has generated technical assistance requests of varying natures. In addition to everyday contact with judges, clerks and other court-related personnel, several major technical assistance projects were undertaken during the past fiscal year.
At the request of judge Asa D. Kelley lr.,
Superior Court, Dougherty judicial Circuit, model court rules for that circuit were drawn. At the same time, the AOC gathered Superior Court rules with statewide applicability. The AOC plans to later expand the model court rules to include the State, Juvenile and Probate Courts.
In jefferson, a caseflow management study was conducted for the State Court of jackson County at the request of judge james Horace Wood.
Recommendations were made to streamline the

_
information flow between the different agencies of the court and thus eliminate several bottlenecks within the system.
Another study involved comparing the operations of courts of last resort in 10 southeastern
states, and was completed as the fiscal year drew to
a close. This particular study was requested by justice Harold Hill of the Georgia Supreme Court.
One of the AOe's more notable technical assistance projects during the last fiscal year was a study conducted in Savannah regarding the establishment of a court administrator's office in the Eastern judicial Circuit. At the request of the Superior Court judges of the Eastern Judicial Circuit, an initial survey regarding the need for a court administrator was conducted in early spring, and later, a detailed job description was developed for the new post. This represented the AOe's first study regarding the need for a local court administrator.
It is anticipated in future months that the AOC will receive additional requests for technical assistance, and as funds allow, such service will continue for the courts of Georgia.

Court Reporting
Georgia court reporters were officially certified for the first time in this State's history during Fiscal Year 1975 when professional standards for court reporters were promulgated and realized through enactment of the Georgia Court Reporting Act (Ga. L. 1974, p. 345).
The first Board of Court Reporting was appointed May 1, 1974, by the Judicial Council to draw up the rules and regulations for the profession of court

_
reporting and establish procedures for certifying court reporters in Georgia. By September 27, the Board had formulated those rules which were approved Oct. 25,1974, by the judicial Council. Before the close of 1974, the first court reporters' seminar and certification test had been held in Atlanta. Thirty-four court reporters took that initial test December 6, and thirteen of those successfully completed the examination. The second testing February 22 produced ten new certified court

24

reporters in Georgia. Forty-nine took the second examination .
Meanwhile, the act also provided that court reporters who were actively and continuousl y engaged in court reporting as a principle means of livelihood on Mar. 20,1973, were to be certified without testing. Th is grand father clause added another 221 court reporters to the certified roster.
A third test was expected to be administered in late summer of 1975. Persons who failed earlier tests have been issued temporary permits to practice court reporting (71 to date ) and will be offered a second opportunity to pass the certification examination.
At the close o f Fiscal Year 1975, there were 244 certified court reporters in Georgia.
While certification and establishing standards dom inated the first year of operation of the Board of Court Reporting, the coming months promise further ref inement of the profession in Georgia. Under an amendment (Ga. L. 1975, p. 852) to the actcreating the Judicial Council , a committee will be appointed during the summer o f 1975 to establish model fees and guidelines for transcripts produced by court reporters. Following approval by the Judicial Council , those fees and transcript standards will become effective statew ide Jan. 1, 1976.

Board of Court Reporting
Frank W . Seiler , Chairman Past President, State Bar of Georgia Former Member of Judicial Council Savannah
Paul C. Blanchard , Vice Chairman Court Reporter Augusta
Dillard Bryson Court Reporter Carte rsviIIe
William Deloach Court Reporter Savannah
James B. Hiers, Jr. Atlanta Attorney Atlanta
Judge Paul W. Painter Superior Court lookout Mountain Judicial Circuit Rossville
Howard Worley Court Reporter Decatur

Education
Continuing judicial education constitutes the backbone of modern court administration, and to that end , the Judicial Council and AGC strove during Fiscal Year 1975 to further expand the educational opportunities for all court-related personnel in Georgia.
Six in-state seminars for judges of courts o f record were provided for during the AGC's second year and were coordinated with various educational institutions, the State Bar and organizations representing judicial personnel on both the local and national levels. Participation at these eventsSuperior Courts' Judges Seminar, Workshop for Juvenile Court Judges, Seminar for Georgia Trial Judges, Institute for Georgia Judges of the Probate Courts , Seminar for State Trial Judges and Solicitors and the Bench and Bar Conference - was encouraged by the Judicial Council through expense

_
reimbursement. Prior to , during, and after each meeting, the AGC has actively sought input as to the value of each particular session in order to mold future gatherings accord ing to the needs and educational desires of the judiciary.
Response to the seminars was encouraging during Fiscal Year 1975. Programs were aimed at providing all court personnel information as to the needs, deficiencies, and innovations within the Georgia judicial system ; toward providing all court personnel with materials relating to national trends and substantive and procedural law ; toward providing a forum to discuss recent developments in local law and court procedure, and to offer an opportunity to evaluate the relation between the courts of Georgia and other sectors of the criminal justice system. In addition, during each session, projects regarding the modernization of the Georgia

25

judiciary were recapped. The sessions also proved a valuable method of orientation for newly appointed judges.
In the spirit of unification, judges of all courts of record gathered in Savannah in june for the Bench and Bar Conference held in conjunction with the annual meeting of the State Bar of Georgia. While similar conferences on a smaller scale had been held in the past under the name "Convocation of the State judiciary," the june 1975 Bench and Bar Conference represented another first in the history of the judiciary in Georgia - a conference where judges from all courts of record were urged to meet together for beneficial exchange of information and mutual understanding. To encourage participation, the judicial Council used Law Enforcement Assistance Administration funds to reimburse attending judges who numbered 108.

The future promises further expansion of judicial education for Georgia's judges and court-related personnel. Plans submitted to LEAA for the coming fiscal year call for the hiring of a judicial training officer and set these priorities for judicial education: in-state seminars, out-of-state National College basic and graduate courses, out-of-state regional seminars and meetings of national organizations. Specifically, funds have been requested to establish a comprehensive training program for judicial personnel including a one-day law-media conference, individual seminars for judges of courts of records, a court administrators' conference, a Superior Court Clerks' Institute, the Bench and Bar Conference, and seminars for such groups as probation officers, magistrates, and judges' secretaries.

Facilities
Georgia judges and court personnel in many of Georgia's 159 counties have faced for many years problems of space, acoustics, building services and storage in judicial facilities. Yet, the General Assembly, the State Crime Commission, and local units of government have had no objective means to establish funding priorities to remodel or in some cases, build new judicial facilities.
Since 1973, the State Crime Commission has awarded monies to the judicial Council and Administrative Office of the Courts to conduct studies of courthouses in Georgia and devise recommendations for their improvement. The complexity and scope of the project necessitated employing specialists in courthouse design, Space Management Consultants, Inc., of Hawaii and New York (SMC). The staff of SMC for the past year has travelled to each county in the State, examined existing facilities, talked with judicial and government personnel, and made recommendations for short-term improvement of each courthouse.
Under the supervision of a specially-appointed Statewide Facilities Study Steering Committee, SMC in May 1975 presented to the judicial Council an interim report on the first year's study of courthouse facilities. The report confirmed that substandard conditions exist in most courthouses in Georgia.
The 474-page volume, which for the first time in Georgia's history inventories courthouse conditions

_
in all 159 counties, reveals that only 24 counties in this State have courthouses which are in overall functional condition. Other findings of the report included the following:
-20 counties are in need of new structures immediately.
-74 county courthouses need major construction and modernization, and almost all of the counties need some interior modification.
-49 counties surveyed had populations in excess of 20,000.
-89 of the total 159 cou rthouses sti II in use in the State were constructed between 1820 and 1910.
-70% of all renovations, 59% of all additions and 52% of all annexes have been constructed since 1960 in response to demands generated by county population growth and age of facilities.
-The large majority of courtrooms in the State (81%) have substandard security systems, and 66% of all the courtrooms have inadequate ancillary facilities (jury rooms, witness rooms, etc.).
-70% of all vaults allocated to Probate Courts are substandard, and 58% of all vaults used by the Clerks of the Court are substandard.

26

IN T E N N E S S E E

0 RT H

Georgia Courthouse Facilities
A Statewide Conditions Map
0 GOOD
NEEDS
MINOR CHANGES EJ
NEEDS MAJOR
ARCHITECTURAL CHANGE [ill
g NEEDS
NEW COURTHOUSE

27

-Every cou rthouse in the State requires refin ishin g o f ei ther ceil in gs, w alls or floors.
-57% o f all courthouses do not provide satisfactory restroom facilities fo r the public, and 59% do not provide satisfact ory restroom faci liti es for pr ivate use.
-73 % of th e State's co urthouses are o f bearin g w all con struction, 24% o f w hich are in deteriorated condi tio n.
- 55% o f the bu ild in gs in the State have interio r w ood-fra med constru ction.
- Facili ti es fo r th e co urts and directly related cou rt o ff ices show a high frequency of substanda rd condition s regardl ess of building age.
- The majority of the people in thi s State use co urtho uses with ineff icient and unsecure courtroom s.
Majo r recomm end ations fo r courthouse im provement wi ll be com pi led in the coming year by Space Ma nageme nt Consu lt ant s, Inc. fo ll owi ng in -d epth analysis of selected court loc atio ns (Union, Henry, Colqu itt, Cl ayt on , Effingham and Wheeler counti es). SM C w ill also develop a masterpl an fo r statewid e judicial faci li ti es, establ ish facilities

stand ards and guideli nes fo r statewide appl ication, prepare a manu al on j ud icial facility man agement and pl anning, and prepare an im pl ementati o n time schedule fo r faciliti es improvements.
Statewide Facilities Study Steering Committee
Judge Marion T. Pope, [r., Chairman Superior Court Blue Ridge Judicial Circuit Canton
Judge Frank S. Cheatham, Jr. Supe rior Cou rt Eastern Judicial Ci rcu it Savannah
Judge Francis W. Allen State Court of Bulloch County Statesboro
Commissioner J. Charles Griswell Clayton County Commissioner Forest Park

Field Studies
In June 1974, th e Adm inistrative O ff ice launch ed a concentrated statistic al search into three basic areas of co u rt admin istration - caseloads, record skeepin g and personnel admini stration in Geo rgia's co u rts of record. Because a stud y of thi s magnitude w as unprecedented in recent time s and since there is curre nt ly no sta tewi de' caseload reporting system o f any type in Geor gia, it w as necessary during Fiscal Year 1975 fo r AO C staff members to travel to Georgia count ies to gather statistics and talk with as many court-related personnel as possible.
At the end of the fiscal year, 145 of Georgia's 159 counties had been surveyed with the remain ing cir cuits - all of them urban - to be surveyed in the coming months. Even though still incomplete, the find ings at the end of Fiscal Year 1975 strongly corroborated the report of the Governor's Comm ission on Judic ial Processes w hi ch po inted out that the Georgia's court system is fragmented , still

_
utilizin g century- old practi ces, and that it exhibits a lack of in formati on coordination between justice agenci es.
Until th e field studies were undertaken using LEAA funds, o ff icial stati stic s have not been availabl e co ncerni ng the number and nature of cases pend in g in the variou s courts or the manner in w hi ch these cases are termin ated. As par t of the caselo ad aspect of the field stud ies, staffers tabu lated by ty pe o f case, filin gs, open cases, and di spositions when th at information was available fo r th e Superio r, State, Probate, and Juvenil e Courts of Geo rgia.
At the same time, AO C staff compiled an indepth analysis of how records are kept in Georgia, the types and numbers of records kept, where reco rds are kept, and inf o rmatio n incl uded in those records.

28

Usin g a federal grant transferred fro m the nowexpired Judicial Processes Comm ission, statu tory reco rds requirements in Georgia and other states have been evaluated and a comm ittee appointed to supervise a test project using model record s in tw o circu it s - the Dou gherty Judicial Circu it w hich is a one -county mu lt i-jud ge ci rcuit and the Midd le Judicial Circu it w hi ch has one j ud ge and mult ip le counties. In add it ion, a mod el misdemeanor docket for the Probate Court will be tested in Turner County of the Tifton Judic ial Circuit. From these pilot pr oj ects, th e com mi tt ee expects to fo rm ulate proposed standard record s w hich w ould be available for use by cou rt cle rks on a statewi de basis by the end o f the next fi scal year. These uniform dockets and fo rms are expected not only

to simplify reco rds keep in g, bu t also to assist the co urts in gathe ring statist ics about court caselo ads.
In anoth er aspect o f the field stud ies personn el administration - fi scal data on the courts has been com piled and incl ud es revenues, expendi tures, numbe r o f court-re lated emplo yees, salaries, jo b description s, and so fo rth.
The three-p ron ged fi eld stud y represen ts the first of it s type conducted in Georgia. Information gathered will be used primaril y for planning purposes, jud geship s stud ies, stream li ni ng o f record s systems, statistical repor tin g, and fo r bud getary purposes, to name a few. The extensive fiel d study was designed to help mak e inf or mati on readily availa ble and thus speed up the decis ion-making process and th e adm ini stration o f justice.

Records Management Steering Committee Members

A. K. Johnson, Chairman Executive Director for the Georgia Commission National Bi-Centennial Celebration Atlanta

Charles Harmon Director Crime Statistics Data Center Atlanta

Mrs. Sara Ellis Taylor, Vice Chairman Clerk of Superior Court Henry County McDonough
Col. John Dunn Geo rgia D epartment of Archives and History Atlanta

Francis Taillefer National Center for State Courts Southeastern Regional O ff ice A t lant a
W . A. (Sho rt) Cole Cle rk of Superior Court Cherokee County Canton

Edgar W. Manseau Deputy Director of Operations Georgia Crime In formation Center Atla nta

M rs. Martha Ann Watson Clerk of Probate Court Cobb County Marietta

Indigent Defense
Geor gia took an important step in Fiscal Year 1975 toward insuri ng de fense services fo r indi gents w hen Gov. Georg e Busbee establi shed the Georgia Crim in al Justice Counci l as a qua si-state agency. In his executive order issued M ay 2, 1975, Gov. Busbee authorized the Criminal Justice Council to di rectly receive and administer Law Enfo rcement Assistance Admin istration funds available for indi gent de fense.

_
Governor Busbee's order represented the culmination of many years' efforts on the part of the bench and bar , both o f w hom have lo ng exp ressed co ncern over the lack o f statewi d e de fense services for th e poor.
The Criminal Justice Act passed in 1968 (Ga. L. 1968, pp. 99-1007 ) placed the bu rden for financing indigent de fense on each county, but because o f a lack o f local funds, few county indigent

29

defense programs have been establ ished. A 1973 survey funded by the State Crime Commission and conducted by the Criminal Justice Committee of the State Bar well-demonstrated the inefficiencies of the 1968 law. The survey revealed a shortage of lawyers to handle indigent cases in one of every three Georgia counties. It further showed a wide disparity in indigent defense program funding and that very few counties were spending adequate monies for the provision of counsel.
In 1974, Bettye H. Kehrer, then director of the Civil Legal Services Program and a member of the Criminal Justice Committee of the bar, worked with the latter committee to provide technical assistance to legislative leaders who were seeking to amend the Criminal Justice Act of 1968 so that it would create a governing council and provide for State funding. However, this legislation was stymied in the General Assembly and the Criminal Justice Council appeared doomed for lack of funding until the State Judicial Council offered to assist the indigent defense program by securing and administering federal funds from the State Crime Commission.
For the past year, the Judicial Council has acted as fiscal officer for the statewide indigent defense program. The Criminal justice Council may now secure its own funding.
Members of the Criminal justice Council were appointed in May by Governor George Busbee. The

Criminal Justice Council in Fiscal Year 1976 will continue its efforts to secure legislation and state funding and will seek to strengthen the existing local indigent defense programs with a heavy emphasis on training for both defenders and members of the private bar who accept indigent defense appointments.
Georgia Criminal Justice Council
Robert H. Walling, Chairman Attorney Atlanta
J. Frank Myers, Vice-Chairman
Attorney Americus
R. William Ide, Secretary-Treasurer Immediate Past President, Younger Lawyers Section State Bar of Georgia Atlanta
F. jack Adams Past President, State Bar of Georgia Cornelia
Cubbedge Snow, Jr. President State Bar of Georgia Macon

Information Systems
In early 1975, the Administrative Office of the Courts was awarded an LEAA grant for the purpose of performing a requirement analysis for the development of a statewide judicial information system. The grant also provides for the implementation of the system on a test basis.
This system is being designed in coordination with the priorities and information requirements developed by the Georgia Comprehensive Data System Action Plan and the Masterplan for Criminal Justice Information Systems. These plans were the result of several years of developmental work by a number of organizations.
On the State level, these organizations included the Georgia Crime Information Center, the Office of Planning and Budget, the State Crime Commis-

_
sion, the Administrative Office of the Courts, as well as several other state agencies.
On a national level , input for these plans was received by the U. S. Department of Justice and the SEARCH (System for Electronic Analysis and Retrieval for Criminal Histories) Group, Inc. , a non-profit organization devoted to the improvement of the criminal justice system.
Georgia was one of 11 states chosen to participate in this project. The aim of the project is to implement a computerized information system for a two-judge circuit, as well as a one-judge multi-county circuit. From this base of two circuits, the information system will be implemented in other circuits. This system addressed the problems of calendar management, statistical reporting,

30

indexin g, and general records managem ent , as w ell as providing data fo r th e Geor gia cr im inal justice system op erated by th e Geor gia Crime Information Center.
The two circuits selected fo r part icipation in thi s pil ot pr oj ect are th e Mi dd le and Dou gherty judi cial Circuits.
The bene fit s expected to be accrued f ro m thi s stud y are many - bett er util ization of th e faci lities

of th e co urts; simp lif icatio n of record s-k eepin g tasks; and automat ic co m pilat io n of state in form atio n necessary fo r statewi d e pl ann in g purpo ses.
The one-year pr oje ct is being funded by $200,000 in LEAA funds w it h a comm itm ent to expand the pilot p roj ect during the seco nd year of funding. The policy direction fo r this project is bei ng monitored by th e Courts In formation Systems Comm ittee appo inted by th e judi cial Council.

Court Information Systems Advisory Committee

judge Reid Merritt, Chairman Superior Court Gwinnett Judicial Circuit Lawrenceville

Judge Luther C. Hames, Jr. Superior Court Cobb judicial Circuit Marietta

judge Paul Armita ge State Court of Hou ston County Warner Robins
jack Graham Court Admini strator Superior Court Cobb Judicial Circuit Marietta

Judge Clyde Henley Superior Court Stone Mountain jud icial Circuit Decatur
Judge john S. Langford , [r. Superior Court Atlanta judici al Circuit A t lan ta

Judge C. Cloud Morgan Superior Court M acon judicial Circuit Macon
Jack Thompson Court Administrator Supe rio r Court Atlanta judi cial Circuit A t lan t a

Judgeship Studies
Evaluati on o f th e need fo r addi tio nal judi cial manpow er in Geo rgia was an impo rtant functio n of the Judic ial Council o f Geor gia and Admini strativ e O ffice of th e Courts during the last fiscal year. As a service to the General Assembl y, the Coun cil is auth or ized by law to offer recomm end ati on s regarding add iti onal j ud icial manp ower. The General Assembl y and governo r, however, make the final determin ation as to w hether any new Super ior Court judgeship s are actuall y created . In 1975, bill s were passed by th e General Assemb ly and signed into law by Govern or Geor ge Busbee to establish new judgeships in the Flint and Southern Judicial Circuits.
Thi s repre sented th e second study in that man y years conducted by the AOC w ith regard to the need for additional manpower, and w as in respon se to requ ests from j udges, attorneys and legislators. The dozen circuits evalu ated were examined for dem ographi c, geographi c, and economic data as w ell as caselo ad and oth er related facto rs.

_
Takin g a co nservative stance after analyz ing the data, th e Coun cil stressed it s relu ctance to recommend creatio n of any new j udg eshi ps at that tim e, especially in light o f ind ic ati on s to th e Judici al Coun cil th at a study fo r possibl e reo rganiz ati on o f the co u rt system in Geor gia wo uld be underta ken in th e near fut ure. An oth er facto r co nt ributi ng to the Coun cil 's recomm end ation s w as a pr op osal to be introdu ced in th e General Assemb ly to make availab le substantia lly greater amo unts of j udge ti me throu gh jud ges w ho elect to assume a " senio r j udge " status. A nd in li eu of add itional j udgeships, th e Coun cil felt th at heavy util ization sho uld be mad e of services of State and Juvenile Court j udges, judges eme ri tus and suppor tive adm inistrative power such as law clerks.
Only those circu its displaying an ov erwhelming need fo r imme dia te additi onal Superi or Court manpower receiv ed a favorable recommend ation fro m the Council. The Council also suggested alternative solution s to new Superior Court judgeships in th e o th er ten circuits.

31

The Council noted in its report the following : " The additio n of judgeships in var io us judicial circuits is a matter of great gravity and sho uld be approached through careful inquiry and deliberate study . The creation of new courts not onl y requires the additional compensation of judges, but also possibly that of assistant district attorneys, secretaries, bail iff s and other personn el and the provision of office space, courtroom space, furniture and fixtures and innumerable other items of cost. The public is entitled to have a thorough and in-

depth study made of such matters before action is taken thereon."
The Admi nistrative Office began such a study in June 1974 to ascertain the caseload of Superior, State, and Juvenile Courts in Georgia. But because the task proved more difficult than expected due to inadequate records across the State, the AO C will not comp lete its survey un til next year. Wit ho ut statewide comparisons, the Council was reluctant to recomme nd any further Superior Court judgeships unless absolutely necessary.

STUDIES REQUESTED Alapaha Brunswick Cherokee Cobb
Flin t
Griffin Gwinnett Middle Northern Oconee Southern
Stone Mountain Tallapoosa
Western

CIRCUIT STUDIED
,
X X
X X
X X X X X X
X
X

CIRCUIT WITHDRAWN FROM STUDY

JUDICIAL COUNCil RECOMMENDED ADDI-
nONAl JUDGE

lEGISLATION

NEW JUDGE

X

X

No bill

introduced

X

(Ga. L. 1975,

Judge Sam

p. 760)

Wh itmire

Act # 503

X

(Ga. L. 1975,

Judge W. G.

p. 185)

(Gus)

Act # 115

Elliott

X

S.B. 240 vetoed April 28, 1975 by Governor.

32

Judicial Nominating Commission

_

Georgia's Constitution gives the governor of this State the duty of appointing duly qualified persons to fill vacancies in the courts until an election is held. Both former Governor Jimmy Carter and the present head of state, Governor George Busbee, have determined that persons to be appointed to the bench should be selected through a process aimed at showing the qualifications and judicial abilities of prospective jurists.
In his executive order of June 18,1973, Governor Carter created a Judicial Nominating Commission to screen persons qualified for the position of judge and to submit a list of five nominees for each judicial vacancy. Under his executive order, the commission was composed of ten members, five of whom were citizens appointed by the governor with no two citizen members from the same judicial circuit. The other five members serving in an exofficio capacity were the president of the State Bar of Georgia as well as its two immediate past presidents, its president-elect and the president of its Younger Lawyers Section.
Serving on this commission by Governor Carter's appointment were Henry L. Bowden, chairman, Atlanta; Lam Hardman, [r., Commerce; James R.

Lewis, LaGrange; Cyrus Neuner, Barnesville, and James W. Stone, Bainbridge. Ex-officio members from the State Bar serving in 1974 were President Cubbedge Snow, [r., Macon; F. Jack Adams, immediate past president, Cornelia; Frank W. Seiler, next immediate past president, Savannah; W. Stell Huie, president-elect, Atlanta, and R. William Ide, president of the Younger Lawyers Section.
Governor Busbee continued the commendable tradition, and on April 28, 1975, he named H. Holcombe Perry, Jr. to chair his nominating commission. Other members currently serving are O. T. Ivey, [r., Augusta; Norman Cavender, Claxton; Alton Draughon, Pinehurst, and A. G. Cleveland, [r., Atlanta. Representing the bar are Mr. Huie, president; Harold G. Clarke, president-elect, Forsyth; Mr. Snow, immediate past president; Mr. Adams, next immediate past president, and James A. Bishop, president of the Younger Lawyers Section, Brunswick.
Since July 1,1974, Judicial Nominating Commissions have submitted recommendations to the governor for one Supreme Court justice, one Court of Appeals judge and two Superior Court judges.

Judicial Qualifications Commission

_

Since its inception on June 25, 1973, to the end of August 1975, Georgia's Judicial Qualifications Commission has docketed 97 matters and met 22 times concerning complaints about judges.
The Commission has the power to conduct investigations and hold hearings concerning the removal or retirement of justices or judges in any court in the State. Grounds for such actions are wilful misconduct in office, wilful and persistent failure to perform duties, habitual intemperance or for conduct prejudicial to the administration of justice. A judge or justice may be retired on the grounds of a disability which seriously interferes with his performance. After conducting such hearings, the Commission may recommend to the Supreme Court the removal, other discipline, or retirement, as the case may be, of a judge or justice.
The rules governing the Commission's proceedings were adopted by the Supreme Court of

Georgia on Oct. 22,1973, and provide for initial inquiries concerning and preliminary investigations of complaints or matters otherwise coming to the attention of the Commission. The Commission under the rules may, if it determines necessary, hold a hearing on the complaint and may present its findings as a recommendation to the Supreme Court for some disciplinary action. While the Supreme Court's initial rules provided for confidentiality of all proceedings, the rules were later amended to provide that the proceedings be confidential until the Commission files its recommendations at which time the proceedings lose their confidential status except where the recommendation for discipline may be for a private reprimand. During the same revision, the Supreme Court directed the Commission to call a judge's attention to specific canons of the Code of Judicial Conduct involved in the complaint even though the

33

Commission did not feel that d isciplinary proceedings were warranted, and further amended the rules to give the Commission the right under appropriate circumstances to render advisory opinions concerning the Code of j udicial Co nd uct.
While it is difficult to categorize the nature o f complaints which have been cons idered by the Commission, many of the matters could be classified as complai nts that the judge had committed an error in handling of a matter in litigation . Such matters as these have been promptly dismissed by the Commission which has taken care to avoid any appearance of a supe r appellate co urt.
In its initial stages and up to the time this report covers , the judicial Qualifications Commission has made three recom mendation s to the Supre me Cou rt - one recommending that a mentally dis abled judge be retired , one recommendat ion for a private reprimand , and one for a public reprimand .
Anothe r judge cha rged with im pr oper condu ct

agreed to and did retire, while in another situati o n, further conferences were held with another member o f the bench and a satisfactory solution was reached regarding an existing problem . Another 21 matters we re unde r co nsideration at the tim e of this repor t. The Commission has also rendered one advisory opinion.
In his report regarding the activities of the judicial Q ualifications Co mmission del ivered to the Bench and Bar Conference on june 4, Chairman H. H. Perry Ir. of Albany suggested that a seminar be held in the near future to further acquaint judges wit h the Code of jud icial Co nduct. He fu rthe r no ted the need for the Commission to have a full-time assistant or staff to investigate cases and handle some of the adm inistrative details involved in the wo rk of the Comm ission .
As with several other projects , the judicial Council and Administrative Office of the Courts act as fi scal officer for the judicial Qualifications Commission .

Judicial Qualifications Commission
H. Holcombe Per ry, lr., Chairman Attorney Albany
Howa rd Ector, Vice Chairman Banker Atlanta
A. G. Cleveland, [r. Atto rney Atlanta
Mrs. Amilee Graves News paper publishe r Clarkesvill e

Frank C. jones Attorney Macon
ju dge A. Richard Kenyon Superior Court Northeastern judicial Circuit Gainesville
ju dge Bryon H. Matthews State Court of Coweta County Newnan

Justices of the Peace
As part of the ongoing effort to modern ize the court system in Geor gia, the Administrative Office of the Cou rts has begun to collect data regarding the office of th e Justice of the Peace. Through a questionnaire mailed to all JP's (1,019) du ri ng the seco nd half of Fiscal Year 1975, descriptive information is being compiled in an effort to help upgrade the office of the Justice of the Peace.
Besides demographic and geographic data,

_
profiles are being com piled of the j P-rural vs. urban operation, caseload, qualifications, and current problems as described by the officeholder himself.
Respo nses to the quest ionnai re will be used to define the current functions of the j ustice of the Peace in Georgia. A comprehensive analysis of the office will be prepared by fall 1975 .

34

During 1975, substantial progress was made in achieving the goals set forth in a Law Enforcement Assistance Administration discretionary grant awarded to the Judicial Council to develop a Juvenile Justice Masterplan for the State of Georgia.
Under the direction of a Steering Committee composed of representatives from various segments of the juvenile justice system, other professionals, and laypersons, and with the assistance of the Steering Committee and a broad-based Technical Advisory Committee, the staff has compiled extensive information on juveniles in Georgia and the juvenile justice system. The processes of prevention, detection, diversion, disposition, and treatment were surveyed by the Steering Committee in an attempt to review the adequacy of Georgia's programs for the delinquent, unruly, neglected, and mentally ill child. The Committee has heard testimony and reviewed reports on program capacity and content, personnel (t raining, compensation and adequacy) , finances, recidivism rates, system communication, and many other topics.
By organizing the information gathered into categories corresponding to the recommendations pertaining to juveniles identified in the standards published by the National Advisory Commission on Criminal Justice Standards and Goals, the Steerins Committee has identified certain key issues and developed "position papers " to address these issues.

The development of these papers included a comparison of the standards of the National Advisory Commission with those of the American Bar Association and Georgia law. These standards' comparisons 'w ere used as a springboard for discussion as to the Georgia experience and, when coupled with information gathered on the operation of the Georgia juvenile justice system, have enabled the Steering Committee to develop recommendations for action in the areas of detention, courts, police operations, total systems planning, probation, education, employment, community-based prevention, (recreatio n, church and religious groups, mental health, general-service delivery), community based treatment, intake, screening, diversion, and youth development centers.
Before the close of Fiscal Year 1975, an issue statement was completed on court structure and was approved by the Steering Committee.
As each position paper is completed, the recommendations will be reviewed and plans for implementation of necessary changes in programs or procedures identified by the Steering Comm ittee will be developed, and costs will be assessed .
Upon completion 'of this project, these plans should provide a masterplan for the development of the juvenile justice system . This masterplan sho uld be updated annually.

Juvenile Justice Masterplan Steering Committee

Judge Walter C. McMillian, Ir., Chairman Superior Court Middle Judicial Circuit Sandersville
Robert A. Kettel, Vice Chairman Chief Probation Officer DeKalb County Juvenile Court Atlanta
Rev. Oscar Bell Methodist Home Macon
Sen. Paul C. Broun District 46 Athens
James Burton Department of Human Resources Atlanta

Robert J. Castellani Attorney Atlanta
Dr. James B. Craig Superintendent Georgia Regional Hospital at Savannah Savannah
Judge Tom Dillon Fulton County Juvenile Court Atlanta
Nancy Green Junior League Atlanta
Tony H. Hight Executi ve Di recto r District Attorneys' Association Atlanta

35

Juvenile Justice Masterplan Committee continued
Louise Hornsby Fulton County Public Defender's Office Atlanta
Charles Hosch High School Student Gainesville
Rep. Randolph e. Karrh District 106 Swainsboro
Edward 'Lee Metro Atlanta YMCA Atlanta
Lorenzo Mann Chief Probation Officer Muscogee County Juvenile Court Columbus

John Mills Superintendent of Schools Sy lvania
Deborah Pelligrino Midtown Branch YMCA Atlanta
Captain W . R. Raines Peace Officers Association of Georgia Marietta
Daniel Starnes Nat ional Council on Crime and Del inquency Atlanta
Louise Wiener National Council o f Jewish Women A t l an t a

Legal Services
W ith caseloads increasing, the nature and scope of cases br o adenin g, and many legislative changes affecti ng the co urts emanati ng each year from th e General Assembly, it has beco me increasingly diff icu lt fo r Geo rgia j udges to keep pace wi th the research demands pl aced upon them. For thi s reason, legal assistance to th e j ud ic iary is con sid ered an imp ortant element of the A O C's servic e co ncept, and a facet upo n w hich increased em ph asis w ill be p laced in co m in g years.
In January 1975, Super ior Court j ud ges in Georgia began receiving monthl y mailings of State Att o rney General's op in ion s. These op in ion s are sel ecte d by the Ad mi nistrative O ff ice fo r thei r applicabi li ty to court operation and forwarded for in form ational purposes.
Courts-related legislation is a year-aro und task fo r the legal service s di vision o f th e AO e. Durin g th e AO C's seco nd year o f operation , staff att o rneys w o rked clo sely w ith j udges, legislat o rs, and other agencies to write, refine, and monitor legislation affecting the courts and their personnel. One such service in 1975 included emplo ying an actuary to stud y Super ior Court j udges' reti rement and write appropriate legislation. The j udi ci ary w as kept informed of the General Assembl y's act ivities through comm ittee meetings, correspondence and

_
several analyses pr inted in th e Georgia Courts Journ al. Plans fo r the co mi ng year call fo r f req uent repor ts to the j udiciary during the General Assemb ly.
Besid es legisla tive tr ackin g, the legal servic es division w o rks closely with the various bo ard s and comm ission s w ho se wor k has cl ose bearin g to that of the Admini strative O ffice. Such organizations were the Governor 's Comm ission on Co ur t Orga ni zatio n and Structure , the Board o f Court Reportin g, the Sentence Review Panel, and others.
The AOC also maintains continuous liaison wi th various j udges and court-re lated organizations such as the Coun cil of Superior Court Judges, the State Tri al Court Judges and Solicito rs Association, the Clerks Associ ation of Georgia, the Probate Judges Associ atio n, and others.
Because traff ic matters o ccup y mos t o f th e tim e of one o f the AO C' s tw o att o rn eys, the pre ss o f bu siness wi thi n the AOC and wi th related gro ups has greatl y lim ited actu al case research conducted fo r Georgia judges by the Admin istrative Office. Federal discretionary funds are no w being so ught to increase the research capab il ities o f the Ad m inist rati ve O ff ice and efforts are heigh ten ing to secu re additional law clerks fo r judges in this State.

36

Pattern Jury Instructions
Georgia t rial judges in 1974 and mid-1975 received the first complete set o f pattern jury instructions ever compiled in Georgia.
The ci vil and criminal jury charges represent many years effort on the part of Georgia's Superi or Court judges w ho have long recognized that jury in structions pose a di fficu lt problem fo r trial jud ges, especially those new to the bench .
Lack of funds pr evented preparation of complete pattern jury in struction s until 1972 wh en the Governor's Comm ission on Judi cial Processes obtained Law Enforcement Assistance Adm inistration fund s through the State Crime Comm ission . Upon establishment o f the Judici al
Patte rn Jury Instructions Committee
Judge Marcus B. Calhoun, Chairman Superior Court Southern Judicial Circuit Thomasville
Judge Harold R. Banke Superior Court Clayton Judicial Circuit Jonesboro
Judge Luther C. Hames, Jr. Superior Court Cobb Judicial Circuit Marietta
Judge Reid Merritt Superior Court Gwinnett Judic ial Circuit Lawrenceville

_
Coun cil o f Geor gia, th ose funds w ere tran sferr ed . In June 1973, the Coun cil of Superio r Court Judges appo i nted a committee to prepare stand ard jury charges. That committee, using AOC staff and LEAA funds fo r printing and oth er exp enses, has served without compensati on since that time and will cont inue to revise the pattern j u ry instructio ns as necessary.
In addition to the Council of Super ior Court Judges, the pattern jury proj ect also has the backin g of th e Georgia Supreme Court, the Court o f A ppeals and th e Trial Court Judges and Solicitors Asso ciatio n as w ell as the endorsement of th e State Bar of Geor gia and th e 1972 General Assemb ly.
Judge James B. O 'Connor Superior Court Oconee Judicial Circuit McRae
Judge Paul W . Painter Superior Court Lookout Mountain Judicial Circuit Rossville
Judge J. C. Tank sley Superior Court Atlanta Judicial Circuit Atlanta

Planning and Grants
Since 1973, w hen the Judi cial Council o f Georgia and the Adm in istrative O ff ice of the Courts were created by the General Assembly, the energies of the staff of the new service agency have been channeled toward ful filling several long-range, qu ite complex and time-con suming studies contracted for by the Judicial Council 's predecessor, the Governor's Commission on Judicial Processes. At the same time, staff capabilities and financing have often been taxed to address the needs of the Georgia judiciary as defined by the several Geo rgia

_
laws establi shin g the duties o f the Judi cial Council. As the con cept of cou rt adm in istration and its po ssibiliti es have become realized in Georgi a, the range o f possible projects, technical assistance and other servi ces has grown so quickly that it became appa rent in 1974 that priorities must be set. In order to provide meaningful services to the Georgia j udi ciary, it bec ame necessary to set realistic goals and act ion programs in line with availab le fund ing.
In February, 1975, an assistant director fo r planning and grants was brought on bo ard at the

37

AOe. Bringing with him five years' experience with the State Crime Commission and a background in law and accounting, the new planner was instrumental in the internal reorganization of the AOe. In addition, goals, objectives, and projects have been defined for further study by the Judicial Council and staff and involve coordinating the many project areas of the AOC with its financial section.
As a matter of course, this planning effort involved grants management which has meant extensive coordinating with the State Crime Commission which subgrants all Law Enforcement Assistance Administration funds. The Administrative Office is providing more and more information and technical assistance to the Crime Commission

to aid in its planning and grants management process. The approach to planning and grant development is being modified to react less to Crime Commission-sponsored projects with the emphasis now being placed upon fulfilling the duties of the Administrative Office of the Courts as set out by law and meeting the administrative needs of the cou rts.
A long-range plan is in the initial development stages. This plan will include continuation of ongoing functions and implementation of short and long-term projects designed to improve court administration. It will look toward state assumption of required tasks and continued grant support for demonstration and short-term projects.

State Prosecution Coordination

_

As is the case in many other court-related functions in Georgia, prosecutors have traditionally operated with little outside assistance in such areas. as management, trial work and changes in the law. In fact, until four years ago, there was no coordinating function in Georgia for prosecutors.
In 1970, however, the District Attorney's Association utilizing State Crime Commission grants created the state prosecution coordination program to provide assistance and training to district attorneys in Georgia. The tremendous impact of this program in the criminal justice field led the 1975 General Assembly to create the Prosecuting Attorneys Council as a means of continued modernization of the prosecutorial function within the court system in coordination with the Judicial Council and other component agencies.
The new project is aimed at providing statewide coordination of prosecutorial functions, statewide training for DA's and law enforcement personnel and other legal assistance to DA's in order to reduce the number of cases retried or appealed because of prosecLrtorial or law enforcement error. The prosecutors office also is seeking to shorten the trial process by providing well-trained district attorneys to increase the rate of successful prosecution and to reduce case logjams by providing legal assistance to insure speedy caseflow through the court system. Another major emphasis is for

prosecuting attorneys to provide long-needed assistance to law enforcement agencies.
The Prosecuting Attorneys Council is pursuing these goals through a wide range of projects including educational newsletters and updated publications such as a Trial Manual of Elements and Notes, a Trial Manual of Evidence, an Appellate ~al, Grand Jurors Handbook, Police Handbook, a Justices of the Peace Manual, an Arson Investigator's Manual, and a SearchandSeizure Manual. The office's three newsletters include Non Pro Tunc a (a synopsis of all criminal cases and others affecting the prosecutor's office), Law Enforcement Newsletter and The Georgi-aProsecutor.
In addition, the Council provides limited assistance to prosecutors throughout the State, especially newly-elected DA's, along with appellate assistance to prosecutors, and continuing legal education including eight to ten seminars a year. Immediate legal assistance upon request is available to district attorneys and solicitors through the Crisis Center while a police advisor is responsible for training programs for law enforcement officials.
Overall, the Council, headed by Director Tony Hight provides an invaluable liaison between prosecutors in the State and other agencies, particularly law enforcement agencies, the judiciary and the Judicial Council.

38

Prosecuting Attorney's Council
Ben J. Miller, Chairman District Attorney Griffin Judicial Circuit Thomaston
F. Larry Salmon , Vice Chairman District Attorney Rome Judicial Circuit Rome
Hinson McAuliffe, Secretary-Treasurer Solicitor Criminal Court of Fulton County Atlanta
Lewis Slaton District Attorney Atlanta Judicial Circuit Atlanta
George W. Darden District Attorney Cobb Judicial Circuit Atlanta

Kenneth E. Goolsby District Attorney Toombs Judicial Circuit Thompson
Fred M. Hasty District Attorney Macon Judicial Circuit Macon
W. F. Grant Solicitor State Court of Elbert County Elberton
Hubert H. Howard Solicitor State Court of Wa yne County Jesup

Superior Courts Sentence Review Panel

_

On July 1, 1974, the State of Georgia furthered its standing in judicial innovation with enactment of the Judge Sentencing Act (Ga. L. 1974, p. 352) which provided for j udge sentencing in all except capital puni shment cases. A companion measure included in the act under 27-2511.1 provided for review of judge-imposed sentences , thereby creating the Superior Courts Sentence Review Panel and granting the panel authority to determine if certain sentences imposed by judges were excessive.
Specific criteria were included in the act delineating eligibility requirements fo r sentence review applicants. The law states:
" In any case, excep t cases in which the death
penalty is imposed, in whi ch a sen tence of
five or more years, or several con secutive sentences which total five or more years, has
been fixed and imposed by a j udge, without
a jury, the defendant shall have the right to have suc h sentence or sentences reviewed
by a panel of three Superior Court judges."
Being one of only a few states in which such systems of review had been enacted, the sentence review procedures of other states were closely examined to coincide with the efforts of a special

comm itte e, working since April 1973 to devise a rules groundwork. Upon the appointment of the first Sentence Review Panel by Council of Superior Court Judges President Harold R. Banke, the panel met with the rules committee on June 29 to adopt appropriate rules and guidel ines. After the rules had been unanimously approved and a clerk appointed, the Superior Court Sentence Review Panel of Georgia officially began operation' on July 1,1974. Offices were established at the Administrative Office of the Courts in Atlanta.
The fi rst panel held its only meeting late in it s three-month term , heard only two cases, and affirmed both of those . But as familiarity with this exceedingly simple and inexpensive review opportunity increased, the arrival of formal applications also gained momentum . Panel II faced a caseload of 59 cases reducing eight of those, while Panel III considered 47 cases and reduced four. During the last quarter, Panel IV reviewed another 67 cases and reduced the sentences in four other cases.
After one year of operation, statistics for the Sentence Review Panel show that 305 cases were docketed , 175 cases were reviewed , and 16

39

sentences were redu ced for a 9.14% cumulative red uction rate.
The panel 's w o rkload is expected to increase in the comi ng year as awareness of its fu nctio n grows in Georgia. During 1976, efforts are expected

to continue to fu rthe r edu cate Georgia j udges, atto rneys and incom ing inmates as to this avenu e of review which in Fiscal Year 1975 made a valuabl e contri b utio n to the p rogre ss of j udicial reform and is now bein g studied by o ther states as a model.

Superior Courts Sentence Review Panels

Panel I
Judge Luther Alverson, Chairman Atlanta Judicial Circuit Atlanta
Judge Jefferson L. D avis Cherokee Jud icia l Ci rcuit Cartersville
Judge James B. O'Connor Oconee Judicial Circuit McRae
Judge Reid Merritt, Supernumerary Gwi nnett Judicial Circuit Lawrenceville

Panel III
Judge Luther C. Hames, [r., Chairman Cobb Judicial Circu it Marietta
Judge Marvin A. Miller Clayton Judicial Circuit Jonesboro
Judge Robert L. Stevens Toombs Judicial Circui t Thomson
Judge William L. McMurray, [r. , Supernumerary Cordele Judicial Circuit Cordele

Panel II
Judge Frank S. Cheatham, [r. , Chairman Eastern Judicial Circuit Savannah
Judge George B. Culpepper, III Macon Judicial Circuit Fort Valley
Judge A. Richard Kenyon Northeastern Judicial Circuit Gainesville
Judge Clyde Henley, Supernumerary Stone Mountain Judicial Circuit Decatur

Panel IV
Judge James Barrow, Chairm an We stern Judicial Circuit Athe ns
Judge H. Lamar Knight Cow eta Judicial Circuit Carrollton
Judge Andrew J. Whalen , Jr. Griffin Judicial Circuit Griffin
Judge H. W . Lott , Supernumera ry Alapaha Judic ial Circu it Lenox

2

I

I

Panel One

july 1, 1974, to June 30, 1975 67
59
47

8
Panel Two

4
Panel Three

4
Panel Four

o Legend: Cases Reviewed Affirmed U Reduced

40

Traffic
Some 800 courts in Georgia now have jurisdiction to try traffic cases, according to a report on the status of traffic courts in Georgia issued in Fiscal Year 1975 by the AOe. Research into current traffic laws and statutory procedures by the AOC's traffic specialist reaffirmed the inherent problems of concurrent jurisdiction, a multiplicity of methods of records keeping and lack of training programs for traffic court personnel. The report, which recommended entire restructuring of the traffic courts and decriminalization of minor traffic offenses, is expected to help the Department of Public Safety insure that Georgia receives construction and highway safety funds which have been in jeopardy due to the many courts trying traffic cases but not reporting convictions of moving violations to the Department of Public Safety as required by Federal Law.
As a result of the research, several programs were instituted in 1973-1974 to improve the administration of traffic court justice.
In conjunction with the State Bar's committee on traffic courts, the AOC expanded its traffic court program to include an annual seminar for judges from all levels of courts which try traffic cases. During the first annual meeting of the Conference of Georgia Traffic Court Judges, some 40 judges heard speakers from the National College of the State Judiciary present a one-day program in Atlanta on the role of the judge in traffic court, initial courtroom procedures, evidentiary problems in traffic court and sentencing problems, techniques and penalties. Future seminars with expanded programs will be held in other areas of the State.
In May, 1975, an unprecedented conference of

_
Supreme Court justices, judges, law enforcement and public safety officials, district attorneys and experts in judicial management from throughout the southeast met in Atlanta. Among the recommendations generated by that meeting were administrative adjudication and decriminalization of minor traffic offenses and uniform traffic courts of all jurisdictions in the Southeast. Conference participants also encouraged future regional traffic conferences.
In addition to training, traffic court judges in Georgia will also have available to them in the future a model set of local rules for uniform procedures now being developed by the AOe. The practicality of the model local court rules in their present state of development is currently being tested in the Superior and State Courts of the Dougherty Judicial Circuit. Plans for the model rules, when completed, include legislation providing for uniform rules governing court procedure in traffic cases.
In another area, a lending library for judges has been established through the AOe. Presently available are copies of textbooks used by the National College of the State Judiciary in courses on traffic law, the American Bar Association's Standards on the Function of the Trial Judge, and copies of the Georgia Vehicle Code (Title 68A). In cooperation with the Georgia Department of Public Safety, the Administrative Office of the Courts will continue to provide copies of new traffic laws in pamphlet form for bench use.
Research has also begun on a bench book for judges trying traffic cases. It will be available within the next year.

41

Administrative Office of the Courts Funding Analysis

Fiscal Year 1974

72-A-0010 72-DF-04-0016 73-A-0052 73-A-0071 73-A-0072 73-A-0073 73-A-0074
73-A-0075
73- TN-04-0003

Introduction of Statewide Court Administration
Georgia Court Modernization
Improved Records Keeping Approved Optional Jury
Instructions Administrative Services to
the Judicial Process Facility Study Research & Evaluation-
Georgia Court and Records System Comparative Analysis of Georgia Laws and ABA Standards Justices - Southeastern Region

LEAA DISCRETIONARY
GRANT
$ 13,300

LEAA BLOCK GRANT $ 27,465
60,000 15,000 83,000 90,000
70,000
9,000

TOTAL $ 13,300

$ 354,465

STATE FUNDS
$ 75,000

GRAND TOTAL
$ 442,765

Fiscal Year 1975

74-A-08-001 74-A-16-007 74-A-12-003 74-ED-04-0012
72-D F-04-0079

Court Administration Judicial Education Facility Study Juvenile Justice Masterplan-
18 Month Project Statewide Court
Information System

$148,026 160,000

$ 235,000 50,000 90,000

TOTAL $208,026

$ 375,000

$118,000

$ 701,026

75-A-03-001 75-A-13-001 75-A-17-001 75-55-04-0002

Fiscal Year 1976

Records Study Administrative Services Fad Iity Study Statewide Court
Information System

$ 40,000

$ 53,359
298,889 44,000

TOTAL $ 40,000

$ 396,238

$171,620

$ 607,904

42

Part III
Report On Court- Related Legislation

A historic landmark which is ex pected so o n to be on the National Regi ster of Historic Place s, the Newton County Courthouse in Covington is the third to be built in that county. Named for Serg eant John Newton , the co unty's first co urtho use , a one-room log cabin, wa s completed in 1822 , and w as later replaced b y a se co nd cou rtho use which eventually wa s de stroyed by fire. Th e third and present struc ture wa s built in 1884.

Introduction

_

Each year, the General Assembly must consider numerous pieces of legislation affecting the courts. In 1975/ approximately 250 measures directly affecting the courts were introduced, and some 20 percent of those were enacted.
The judicial Council feels that legislation is an important ingredient toward judicial modernization in Georgia, and in 1975 aided in formulation of several important bills affecting court procedures in this State. As in years past, the content of these measures resulted primarily from the annual Callaway Gardens Legislative-judicial Conference where judges, legislators, high-ranking representatives of the Executive Branch of government, court-related agency officials, and leaders of the State Bar exchanged views.
Topics discussed included administrative judgeships, discovery in criminal cases, withdrawing guilty pleas, jury trials in divorce cases, salaries for Superior Court judges secretaries, interlocutory appeals, six-person juries in misdemeanor and civil cases, consolidation of civil cases, adult and juvenile probation, jurisdiction of the appellate courts, regional juries and third party venue, Superior Court judges retirement, judicial nomination, organized crime and court reporter standards and compensation.
When the General Assembly adjourned, five important pieces of legislation directly affecting the courts had been passed - procedures for interlocutory appeals, provisions for increasing Superior Court judges' secretaries salaries, provisions for six-person juries in civil cases under $5/000/ provisions for setting court reporters fees and transcript forms and provisions to allow district attorneys to grant immunity in certain cases.
The following pages will highlight 1975 legislative enactments having direct bearing on the courts.

Compensation of Bailiffs Changed (Ga. L. 1975/ p. 684) Act #468
Increased the maximum compensation that may be paid by the county to bailiffs of the Superior Courts from $25 to $30 a day. (Effective April 18/ 1975.)
Southern Judicial Circuit-Additional Judge Provided (Ga. L. 1975/ p. 185) Act #115
Adds a third Superior Court judge to the Southern Judicial Circuit. (Effective March 25, 1975.)
Prosecuting Attorneys' Council Created (Ga. L. 1975, p. 1623) Act #743
Provides for the creation of the Prosecutorial Council which will provide services to district attorneys. (Effective July 1/ 1975.)
Drugs-Certain Distribution of Marijuana Prohibited, Etc. (Ga. L. 1975, p. 1112) Act #618
Changes the title of Code Section 79A-811 from "Possession or Sale of Marijuana" to "Marijuana" so the section also covers the delivery, manufacture, and distribution of marijuana. (Effective July 1, 1975.)

Criminal Procedure-District Attorneys May Grant Immunity From Prosecution, Etc. (Ga. L. 1975, p. 727) Act #494
Provides that the district attorney can grant immunity in certain cases. (Effective July 1/1975.)
Campaign And Financial Disclosure Act (Ga. L. 1975, p. 1120) Act #621
Includes all judges in the Campaign Disclosure Act. (Effective July 1, 1975.)
Advertising-Change of Certain Fees (Ga. L. 1975, p. 52) Act #49
Raises fees for legal advertising from $2.50 to $3.50 for the first 100 words and from $1.50 to $2.50 for each subsequent 100 words. (Effective July 1, 1975.)
Child Abuse-Confidentiality of Records Provided, Etc. (Ga. L. 1975, p. 1135) Act #623
Provides for the confidentiality of records concerning reports of child abuse and neglect. (Effective April 24/ 1975.)

45

Uniform Reciprocal Enforcement of Support Act Amended (Ga. L. 1975, p. 1141) Act #627
Designates the Department of Human Resources as the State Information Agency under the Uniform Reciprocal Enforcement of Support Act and provides for its duties. (Effective April 24,1975.)
Habeas Corpus Act Amended (Ga. L. 1975, p. 1143) Act #628
Revises the procedure for persons filing a Writ of Habeas Corpus, affecting the application for appeal to the Supreme Court by setting a new procedure in which a justice of the Supreme Court must certify the application of appeal before there is a right to appeal the decision of the Superior Court. (Effective April 24,1975.)
Real Estate Brokers and SalesmenCertain Solicitation Activities Prohibited (Ga. L. 1975, p. 1154) Act #637
Makes certain solicitations by real estate brokers and salesmen unlawful when such solicitations constitute harassment, and sets punishment as suspension of license for five years. (Effective July 1,1975.)
Board of Corrections-Payment For Expense of Trial for Escape of Inmate Provided (Ga. L. 1975, p. 1590) Act #734
Provides that the cost of state prison inmate's trial shall be borne by the Board of Corrections even if the crime is escape or attempted escape. (Effective July 1, 1975.)
Motor Vehicle Certificate of Title Act Amended (Ga. L. 1975, p. 1596) Act #735
Amends the "Motor Vehicle Certificate of Title Act" to increase the criminal penalties in some cases to a felony for failure to deliver a certificate of title for any vehicle that has been disposed of as salvage. (Effective July 1, 1975.)

Motor Vehicle Certificate of Title Act AmendedForeclosure of Mechanic's Liens Provided, Etc. (Ga. L. 1975, p. 489) Act #188
Amends the Motor Vehicle Certificate of Title Act and provides for new procedure relating to the perfection and foreclosure of mechanic's liens on vehicles. (Effective April 17, 1975.)
Attorneys-Punishment For Unlawful Practice of law Changed (Ga. L. 1975, p. 755) Act #501
Classifies as a misdemeanor unlawful practice of the law. (Effective July 1, 1975.)
Public Officers-Abolishment of Right to Make Unsworn Statement to Grand Jury Provided (Ga. L. 1975, p. 1325) Act #703
Abolishes the right of public officers and officials who are facing indictment for malpractice to make an unsworn statement to the Grand Jury. (Effective July 1, 1975.)
Appeals-Interlocutory Appeals Provided on Petition, Etc. (Ga. L. 1975, p. 757) Act #502
Provides for procedures for interlocutory appeals upon petition to the Supreme Court or Court of Appeals, and requires that after the party's question has been certified by the trial judge, the party must then file an application for appeal to the appellate court which must be accepted by the court before there is the right of appeal. (Effective July 1,1975.)
Flint Judicial Circuit-Additional Judge Provided, Etc. (Ga. L. 1975, p. 760) Act #503
Adds a second Superior Court judge to the Flint Judicial Circuit. (Effective July 1, 1975.)
Wills-Probate In Solemn Form Changed (Ga. L. 1975, p. 764) Act #505
Provides that probate in solemn form may be had by the proving of the will by one witness if no caveat is fi led. (Effective July 1, 1975.)

46

Juries-Provisions Relating To Women Changed, Etc. (Ga. L. 1975, p. 779) Act #516
Provides that women, who are not unqualified for jury duty otherwise under the law by some act that relates to both sexes, are qualified for jury duty and have the right and responsibility to serve. (Effective Apri I 18 ,1975.)
Threatening of Bribing Witnesses (Ga. L. 1975, p. 34) Act #21
Provides for the crime of influencing or threatening a witness and makes it punishable by one to five years in prison. (Effective February 27, 1975.)
Uniform Reciprocal Enforcement of Support Act Amended-Certain District Attorney Representation Provided, Etc. (Ga. L. 1975, p. 781) Act #517
Provides that the District Attorney shall be required to represent the plaintiff under the provisions of the Uniform Reciprocal Support Agreements Act only where the plaintiff is an applicant or recipient of public assistance or the obligee as a dependent child of the obligees or dependent children. (Effective July 1, 1975.)
Crimes-Criminal Issuance of A Bad Check Defined, Etc. (Ga. L. 1975, p. 482) Act #172
Provides that when a person commits the crime of criminal issuance of a bad check from an out-of-state bank, such crime shall be punished as a felony. (Effective July 1,1975.)
State Board of Pardons and Paroles Act Amended-Certain Arrest Warrants Provided (Ga. L. 1975, p. 786) Act #521
Clarifies the procedure used by the Board of Pardons and Paroles in issuing warrants and conducting hearings for parolees and conditional releases. (Effective Apri I 18, 1975.)
State Board of Pardons and Paroles To Notify Sentencing Judges in Consideration of Certain Cases, Etc. (Ga. L. 1975, p. 793) Act #522
Provides that the Board of Pardons and Paroles

is to notify the sentencing judge and district attorney whenever the Board considers an inmate who has not served a minimum time to be eligible for automatic review. The judge and the DA have a right to be heard at the review hearing. (Effective April 18, 1975.)
State Board of Pardons and Paroles-Written Decisions to be Signed When Granting Relief (Ga. L. 1975, p. 795) Act #523
Changes procedure so that when the Board of Pardons and Paroles grants a pardon or parole in any case, a written decision signed by the number of board members needed to take such action is prepared. (Effective April 18, 1975.)
Juries-Certain Actions Tried Before Jury of Six Provides, Etc. (Ga. L. 1975, p. 1331) Act #705
Provides for a six-person jury in all civil cases where the claim for damages is less than $5,000, and provides for the composition of jury panel. (Effective July 1,1975.)
Grand Jurors-Maximum Number of Names Drawn Changed (Ga. L. 1975, p. 809) Act #531
Increases the maximum number of Grand Jury names that may be drawn for Grand Jury duty from 36 to 60. (Effective April 18, 1975.)
Superior Court-Secretaries-Classified, Etc. (Ga. L. 1975, p. 1506) Act #710
Increases the salary paid by the state for Superior Court judges' and district attorneys' secretaries from $6,000 to $7,200, and places those secretaries wishing to be classified as state employees under the state retirement system. (Effective July 1, 1975.)
Jurors-Mechanical Selection Provided, Etc. (Ga. L. 1975, p. 825) Act #542
Provides for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means. (Effective July 1,1975.)

47

Jury Commissioners-Appointment Provisions Changed (Ga. L. 1975, p. 826) Act #543
Provides that the senior Superior Court judge may by court rule provide for a jury commission of not more than five or less than three members. (Effective July 1, 1975.)
Public Officers-Peace Officers Allowed to Appear Before Grand Jury Considering Indictment (Ga. L. 1975, p. 607) Act #461
Provides that a peace officer shall be notified by the district attorney before an indictment can be returned for action that took place while the peace officer was performing his duties. (Effective April 18, 1975.)
Intoxicating Beverage-Retail licenseeQuantity limitation Provided, Etc. (Ga. L. 1975, p. 607) Act #462
Makes it unlawful for a retail licensee to willfully or knowingly sell more than one standard case of half-gallon, quart or fifth size containers of distilled spirits at anyone time to any purchaser without a special permit issued by the Revenue Commission. (Effective April 18, 1975.)
State Court of Houston County (Ga. Law 1975, p. 2584) Act #40
Re-establishes the State Court of Houston County which is to be located at Warner Robins. (Effective February 28,1975.)
litter law Violations-Cash Bonds Provided, Etc. (Ga. L. 1975, p. 845) Act #554
Allows the court and law enforcement officers and officials to accept cash bonds in litter cases. (Effective July 1,1975.)
Criminal Procedure-Degree of Force Used to Effectuate Certain lawful Arrest Provided, Etc. (Ga. L. 1975, p. 1209) Act #658
Provides that no state agency, county or municipality can make an ordinance or regulation that conflicts with Code Sections 27-207 or 26-902 relating to arrest warrants. (Effective July 1, 1975.)

Judicial Council of Georgia to Set Court Reporter Fees (Ga. L. 1975, p. 852) Act #558
Provides that the Judicial Council of Georgia set the fees payable to court reporters for attending court and preparing transcripts of the cases, and authorizes the Council to set the per diem rate and basic form for transcripts. (Effective January 1, 1976.)
Unliquidated Damages Interest Act Amended (Ga. L. 1975, p. 395) Act #134
Removes the limitations on the sum ($5,000) of unliquidated damages to which the interest shall apply after the party is notified. (Effective April 11,1975.)
Distress Warrants-New Sections Provided (Ga. L. 1975, p. 1514) Act #714
Completely revises Code Section 61 relating to distress warrants so as to provide for the issuing of such warrants and the procedure to be carried out by both the landlord and tenant. (Effective July 1, 1975.)
Small Claims Court of lamar County Created (Ga. L. 1975, p. 3464) Act #278
Creates a Small Claims Court In Lamar County. (Effective May 17, 1975.)
Motor Vehicle Inspection-Arrest Provisions Changed (Ga. L. 1975, p. 874) Act #572
Provides that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation even though he did not observe the violation, provided that another law enforcement officer observes the violation or there was an accident involved. (Effective Apri 118, 1975.)
Shoplifting - Criminal Intent Specified (Ga. L. 1975, p. 876) Act #573
Changes the law relating to theft by taking in shoplifting cases so as to provide that there must be criminal intent of the defendant to deprive the owner or to take the goods for his own use. (Effective July 1, 1975.)

48

Public Officials - Provisions Clarified for Designation of Counsel By Governor (Ga. L. 1975, p. 878) Act #574
Provides that the Governor can provide for legal counsel for a state board official or agency if the attorney general does not provide such counsel within a reasonable time and after the governor requests that he provide such counsel. (Effective April 18, 1975.)
Youthful Offender Act Amended - Sentencing Provisions Clarified (Ga. L. 1975, p. 900) Act #581
Clarifies certain provisions of the Youthful Offender Act relating to the sentencing of defendants under such act and clarifies the initial procedures to be taken in determining how to treat the "youthfu I offender." (Effective July 1, 1975.)
Fulton County Civil Court - Appeal Provisions Changed (Ga. L. 1975, p. 3761) Act #321
Strikes provisions in the law that require appeals from the Civil Court of Fulton County (in cases in which the claim for damages is less than $300) to go to the appellate division of that court. (Effective July 1,1975.)
Georgia Controlled Substances Act AmendedForfeiture of Marijuana Conveyances Authorized (Ga. L. 1975, p. 919) Act #590
Provides for the forfeiture of certain conveyances in which four ounces or more of marijuana is found and provides for the procedure relating to the service of the libel for condemnation. (Effective July 1,1975.)
Sheriffs' Bonds Increased (Ga. L. 1975, p. 921) Act #591
Provides for increasing the bond or surety given by the sheriffs for the faithful discharge of their duties from $10,000 to $25,000. (Effective July 1,1975.)
Judge of Probate Courts - Bonds Increased (Ga. L. 1975, p. 922) Act #592
Provides for increasing the bond or surety given by the judge of Probate Court, for the faithful

discharge of their duties from $10,000 to $25,000. (Effective July 1, 1975.)
Clerks of Any State Court-Bonds Increased (Ga. L. 1975, p. 925) Act #594
Provides for increasing the bond or surety given by the clerk of the Superior Court for the faithful discharge of their duties from $10,000 to $25,000. (Effective July 1, 1975.)
Mortgage Foreclosure on Personalty Provision Deleted (Ga. L. 1975, p. 1213) Act #661
Relates to the procedure for obtaining an immediate writ of possession in foreclosure cases, and sets out the procedure for dissolving this writ and requires the petitioner to obtain a waiver or place a bond before filing for such writ. (Effective July 1,1975.)
Director of Corrections - Only Certain Attorneys Authorized to Accept Fee for Contacting, Etc. (Ga. L. 1975, p. 1218) Act #663
Provides that it will be unlawful for anyone other than a duly licensed attorney, provided the attorney is not a member of the General Assembly, to accept a fee, money or other remuneration for contacting the State Board of Corrections in regard to the assignment of status of any inmate. (Effective April 24,1975.)
Insurance - Uninsured Motorist Coverage Provisions Changed, Etc. (Ga. L. 1975, p. 1221) Act #665
Provides that when the complainant files an action arising from motor vehicle accident against an unknown defendant, such defendant will be presumed to be a resident of the county in which the injury or damage occurred or where the complai nant resides. (Effective July 1, 1975.)
Crimes - Penalty Provided for Attempt to Avoid Payment of Telecommunication Service (Ga. L. 1975, p. 1534) Act #718
Provides that it shall be a felony for any person knowingly to make or possess any apparatus, equipment or electronic device designed to or used for the commission of a theft of telecommunication service. (Effective July 1, 1975.)

49

Elections - Certain Judicial Officers Non-Partisan Elections Authorized (Ga. L. 1975, p. 1251) Act #678

Certain

Provides that the General Assembly may provide by local act that county judges may be elected in non-partisan elections. (Effective July 1, 1975.)

Children - Law Repealed Allowing Commitment of Certain Children to Department of Corrections (Ga. L. 1975, p. 184) Act #111
Repeals Code Section 24A-2304 which states that in the event a delinquent or unruly child is found not to be amenable to rehabilitation or treatment, the court may commit said child to the custody of the Department of Corrections. (Effective March 25,1975.)

Insurance - Prepaid Legal Services Plans Authorized (Ga. L. 1975, p. 1268) Act #684
Provides for the registration, regulation,

development and operation of prepaid legal services plans. (Effective April 24, 1975.)
Garnishment - Affidavit to Be Made Before a Judge Provided (Ga. L. 1975, p. 1291) Act #689
Requires that an affidavit for garnishment be made before a judge, magistrate or justice of the peace, and requires that such affidavit clearly state the facts upon which the garnishment is claimed, and provides for an immediate hearing on the garnishment as an alternative to the present procedure of resolving the garnishment. (Effective July 1,1975.)
Georgia Special Adult Offender Act of 1975 (Ga. L. 1975, p. 1312) Act #698
Creates the Special Adult Offender Board of the Board of Corrections and provides for treatment similar to that of youthful offenders for adult offenders sentenced under this act. (Effective July 1,1976.)

50

Part IV
Appendix
- - ,--
c .. __ 0_ -=
''='- _.

The handsome Meriweth er Count y Courthouse wa s built in 1902 and is lo cat ed o n the public sq uare in Greenville , Ga. Nam ed for Gen eral David Meriwether, the first co urtho use in th is county wa s erected in 1832, but wa s d emolished b y a cyclone in 1893 . The present two-story judicial stru cture with one co urtroo m is listed on the National Regi ster of Historic Places.

Appendix One
The Aoe at A Glance

ACCOMPLISHED TO DATE
,
COURT INFORMATION Plan for court information system. Inventoried caseloads, personn el, finances in 145 Georgia counties.

IN PROGRESS

TO BE ACCOMPLISHED

Court information system test project in Dougherty, Middle, Cobb and Atlanta Jud icial Circuits.
Inventory cases, personnel and finances in all counties.
Developingstatistical reporting system.
Developing techn iques to graphically display court operations.
Developing weighted case load averaging system.

Complete and implement court information system.
Uniform classification system for caseload data.
Implem ent statistical reporting system .
Implement weighted case load average techniques.

FACILITIES Survey of courthouses.
Assisted several counties in solving space prob lems.
Assisted in drafting contracts required for State Crime Commission grant funds to local courts.

Compiling masterplan, guidelines, and standards for court facilities.
Technical assistance for courthouse design.

Update inventory. Implement masterplan for improvemen t. lmphmenting standards.

GRANTS
Administered 16 grants.
Procedural subgrantee for District Attorney's Association and Crim inal Justice Council.

Administration of nine grants from State Crime Commission. Administration of one grant from Office of Highway Safety.
Assist local courts in grant applications and administration.

Future grant administration.
Application for discretionary funds for legal research .
Expanded assistance to local courts in grant applications and administration.

JUDGESHIP STUDIES
Two major studies involving 19 requests for new judges. Eight new judgeships recommended .

Fourteen judicial circuits now under study Studies as requested . for new judges.

JUVENILE JUSTICE
Inventory of current juvenile programs in state and nation, and other information for Juvenile Justice Masterplan.

Develop Juvenile Justice Masterplan.

Complete and implement Juvenile Justice Masterplan.

LEGISLATION
Assisted Superior Court judges in establishing judge sentencing in non-capital felony cases and Sentence Review Board.
Court reporter certification. Increased Superior Court judges secretarys' salaries.

Refine legislative tracking system. Resolution to set appellate jurisdiction by law. Resolution to create Judicial Nominating Commission.

Continued legislative tracking. Legislation in areas of criminal discovery. Revision of procedure for crim inal discovery, comm ittal hearings.

53

ACCOMPLISHED TO DATE
LEGISLATION (Continued)
Six-person juries in civil cases under $5,000. Court reporters fees. Provisions for immunity granted by district attorneys. Procedures for interlocutory appeals. Initial work on legislative tracking system.

IN PROGRESS
Drafting resolution to provide for third party venue. Support of Superior Court Judges Retirement Act. Draft of Adm inistrative Judges Act.

TO BE ACCOMPLISHED
Legislation implementing the objectives and recommendations of Governor's Commission on Court Orga nization and Structure.

LIBRARY Established lending library for traffic courts.

Expa nd lending library.

Library management for all co urts.

PUB LIC ATIONS Georgia Courts Journa l (bi-monthly new slett er). Annual Report. Comparative Ana lysis of ABA Standards and Georgia Law. Civil and Criminal Patt ern Jury Instructions. Justice of the Peace Manual.

Georgia Courts Journal. Annual Report. Index for Criminal Pattern Jury Instructions. Juven ile Justice Manual and Forms. Directory of Court Personnel.

Georgia Courts Journal (monthly). Annual Report (expanded to cove r activities of courts). Continued revision of jury instructions. Bench books and manuals.

RECORDS MANAGEMENT Examined court-maintained records in 145 counties. Studied records keeping in other states. Analyzed Georgia's court-maintained records requirements.

Formulating model docket books and forms.
Pilot project testing model dockets and forms in Dougherty and Middle Judicia l Circu its.

Implement model records study, and interface with statistical caseload reporting system.

TECHNICAL ASSISTANCE
Assisted Superior Court judges in formulation of rules and procedures for Sentence Rev iew Panel wh ich reviewed 175 cases.
Coordinated with Phase One review of the National Criminal Justice Standards and Goals by the Governor's Commission on Criminal Justice Standards and Goals.
Answered information requests from the judiciary, the public, court-related agencies, etc.
Mailed court-related attorney general opinions to Superior Court judges.
Assisted in establishing rules, administrative operations of Judicial Oualifications Commission

Continued sentence review. Phase Two review of Standards and Goa ls by the Governor's Commission. Comprehensive public information progra m. Provide legal research. Administrative aid to Judicial Qualifications Commission. Continued staff support to judicialrelated organizations. Staff support to Governor's Commission on Court Organization and Structure.

Continued sentence review. Adm inistrative aid to Judicial Qualifications Commission. Equipment management. Business administration. Jury utilization. Calendar management. Personnel administration. Fiscal administration.

54

ACCOMPLISHED TO DATE
TECHNICAL ASSISTANCE (continued)
Court administrator study in Chatham County. Caseflow management study in State Court of Jackson County. Model court rules for Dougherty Judicial Circuit Superior Court. Comparative appellate court statistics for Georgia Supreme Court. Staff support to associations of Superior, Juvenile, State, Probate Court judges as well as clerks. Assisted in setting rules, establishing operations, certifying court reporters for the Board of Court Reporting. Gathered court rules from all courts for analysis. Recommendat ions for Superior Court judges' retirement.
TRAFFIC COURTS Inventoried numbers and operations. Seminar for Traffic Court judges. Established lending library.
TR AIN IN G Coordinated and funded seminars for Appellate, State, Superior, Juvenile, and Probate Court judges.
UN IFIED COURT ADMIN ISTRATION
Passage of Constitutional Amendment Number One for unified courts. Review and partial implementation of Report of Governor's Commission on judicial Processes.

IN PROGRESS

TO BE ACCOMPLISHED

Coordination with Criminal Justice Planning Task Force of the State Crime Co mm ission .
Coordination with Fair Trial/Free Press Committee of bar, Judicial Council, and press.
Fee schedules and transcript requirements for court reporters.
Developing'model court rules, testing model.
Recommendations for appellate court judges retirement.

Continued coord ination with associations, boards, and judicialrelated commissions and agencies.
Continued certification of court reporters.
Retirement plans for all courts' personne l.

Lending library. Uniform rules of procedure. Trai ning. Manual for traffic court judges.

Accountability of ticketing. Expanded training.

Develop and implement a comprehensive training program for judicial personnel.

Cornprehenslve training program.

Develop unified court budget.
Plans to act as fiscal office for the courts.

Analysis of court revenues and expenditures.
Purchasing officer for the court system .
Prepare budgets and adm inister funds for the courts.
Determining and quantifying administrative duties of judges.

55

Appendix Two
Judicial Council of Georgia Created
No. 178 (Senate Bill No. 30).
An Act to create a judicial Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession duties, powers, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to provide for officers of the council and their terms; to provide for rules for the transaction of business; to create the Administrative Office of the Courts; to provide that such office shall serve as the staff for the judicial Council; to provide for the appointment of a Director of the Administrative Office of the Courts and his compensation, duties, powers, authority and term of office; to provide for assistants, clerical and secretarial employees and their duties and compensation; to provide for the duties and authority of the Administrative Office of the Courts; to provide for annual reports; to provide that the provisions of this Act shall not be construed as limiting or affecting the authority of any court to appoint administrative or clerical personnel; to provide for other matters relative to the foregoing; to provide an effective date; to repeal an Act creating a judicial Council of the State of Georgia, approved February 28, 1945 (Ga. L. 1945, p. 155); to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created the judicial Council of the State of Georgia. The council shall be composed of eleven members, nine of whom shall be judges of courts of record of the State. The two remaining members shall be the president of the State Bar of Georgia and the immediate past president of the State Bar of Georgia. The initial nine judicial members of the council shall be appointed by the Governor, with three such initial members being appointed for a term of four years, three such initial members being appointed for a term of three years, and three such initial members being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Following the terms of the initial members appointed by the Governor, the term of office of each judicial member of the council shall be for a period of four years. The initial members of the council shall take office on May 1,1973, and succeeding members of the council shall take office on the first day of May following their election by the council. No judicial member of the council shall be eligible to succeed himself for a consecutive term as a member. The president and immediate past president of the State Bar of Georgia shall serve as members of the council only during their tenure as president or immediate past president of the State Bar of Georgia.
(b) In the event a vacancy occurs in the judicial membership of the council as a result of the death, resignation, retirement removal or failure of re-election as a judge of a court of record, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon his election.
Section 2. The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council.

Created.
Vacancy. Organization.

56

Section 3. There is hereby created the Administrative Office of the Courts, which shall serve as the staff for the Judicial Council.
Section 4. The Judicial Council shall appoint a Director of the Administrative Office of the Courts, who shall serve at the pleasure of the Judicial Council. The director shall be the executive head of the Administrative Office of the Courts and shall perform such duties as provided in this Act or as may be delegated to him by the Judicial Council. The director shall devote his full time to his official duties. The director shall receive such compensation and expenses as may be authorized by the Judicial Council. With the approval of the Judicial Council, the director shall appoint such assistants, clerical and secretarial employees as are necessary to enable him to perform his duties and fix their compensation.
Section 5. Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:
(a) Consult with and assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested.
(b) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement.
(c) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which shall be provided by the courts.
(d) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation.
(e) Act as fiscal officer and prepare and submit budget estimates of State appropriations necessary for the maintenance and operation of the judicial system.
(f) Formulate and submit recommendations for the improvement of the judicial system.
(g) Perform such additional duties as may be assigned by the Judicial Council.
(h) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts.
Section 6. The provisions of this Act shall not be construed as limiting or affecting the authority of any court.
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. An Act creating a Judicial Council for the State of Georgia, approved February 28, 1945 (Ga. L. 1945, p. 155), is hereby repealed in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 3, 1973.

Administrative Office. Same, Director.
Duties.
Effective Date.

57

Appendix Three

Members of the Judicial Council of Georgia
May 1, 1973 to June 30, 1975

NAME
JUDG E HAL BELL Superior Court Macon Judicial Circuit
A. G. CLEVELA DJR. President State Bar of Geo rgia (6/ 4/ 71 - 6/2 / 72)
JUD GE KE ETH B. FOLLOWILL State Court of Muscoge e County

TERM
5/1 /73 to 7/ 1/ 76 5/1 /7 3 to 6/8 /73
5/1/ 73 to 7/ 1/7 6

JUDGE J. BOWIE GRAY Superio r Court Tifto n Judicia l Ci rcu i t
ASSOCIATE JUSTICE WI LLIAM B. GU TER Sup reme Court of Georg ia
JUDGE ROBERT H. HAL L Geo rgia Court of Appea ls
JUDG E WALTER C. M cMILLAN JR. Supe rior Cou rt Middle Judicial Circuit
JUDGE JAMES B. O'CON OR Super ior Court O conee Judicial Cir cu it
FRA NK W . SEILER President State Bar o f Geor gia (6/ 2/ 72 to 6/8 / 73)
JUDGE WILLIAM K. STA LEYJR. Probate Co u rt of Bibb Co unty
JUDG E G. ERN EST TID W ELL Super ior Court Atlanta Judicial Circuit

5/1/7 3 to 7/ 1/7 5 5/1/7 3 to 7/ 26/7 4 5/1 /73 to 7/1 / 77 5/ 1/7 3 to 7/ 1/76 5/ 1/ 73 to 6/ 1/ 73 5/1/73 to 6/7 /7 4
5/1/73 to 7/ 1/77 5/1/ 73 to 7/ 1/77

JUDGE MARCUS B. CALHOUN Super ior Court Southern Judicial Circu it
JUDGE F. JACK ADAMS Preside nt State Bar of Geo rgia (6/ 8/7 3 to 6/ 7/ 74).
CUBBEDGE SNOW JR., Presid ent State Bar of Georgia (6/7/74 to 6/6 / 75)
JUDG E H. SOL CLA RK Georgia Court of Appeals

6/7 /73 to 7/ 1/75 6/ 8/7 3 to 6/7 /7 5 6/7 /7 4 to 6/4 /76 7/ 26/7 4 to 7/ 1/7 5

OFFICE HELD
Chai rma n 6/5 / 74 to 6/4 /75
Secreta ry-Treasurer 6/7/7 3 to 6/5 / 74 Vic e Chairman 6/ 5/7 4 to 6/4 /75 Chai rma n 6/4/7 5 to presen t Vice Cha irman 6/7 /73 to 6/5/7 4
Cha irman 6/7 /73 to 6/5/ 74 Tempor ary Secr etary 5/4/73 to 6/ 7/73
Tempo rary Cha irman 5/4/73 to 6/7 /73
Secre tary-Treasurer 6/ 5/7 4 to 6/4/ 75 Vice Chairman 6/4/ 75 to present

58

Appendix Four
Senate Resolution 11
By: Senator Webb of the 11th A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; to provide that the administration of the unified judicial system shall be as provided by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section I of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph II, to read as follows:
"Paragraph II. Unified Judicial System. For the purposes of administration, all of the courts of the State shall be apart of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolitio-n or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: ( ) YES Shall the Constitution be amended so as to provide that all courts of the State shall be a part of one
unified judicial system and to provide that the administration of the unified judicial system shall be ( ) NO as provided by law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Approved Nov. 5, 1975.
59

Appendix Five
The Georgia Court Reporting Act
No. 851 (Senate Bill No. 444).
An Act to be known as "The Georgia Court Reporting Act" to provide a short title; to provide for a declaration of purpose; to provide that the judicial Council of Georgia is an agency of the judicial branch of State government for certain purposes; to provide for authority, powers and duties of the judicial Council and of the Board of Court Reporting of the judicial Council relative to the regulation of court reporting; to require certification of court reporters; to provide for injunctions; to provide for penalties; to provide that it shall be unlawful for a person to engage in the practice of court reporting without being certified; to provide for rules and regulations; to provide for practice and procedure; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This Act shall be known and may be cited as "The Georgia Court Reporting Act."
Section 2. Declaration of Purpose. It is hereby declared by the General Assembly of Georgia that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that the court reporters are officers of the courts, and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the State government. Therefore, in recognition of these principles, the purpose of this Act is to act in aid of the judiciary so as to insure minimum proficiency in the practice of court reporting by recognizing and conferring jurisdiction upon the judicial Council of the State of Georgia to define and regulate the practice of court reporting.
Section 3. Judicial Council of Georgia; Agency of Judicial Branch. The judicial Council of Georgia, as created by an Act approved April 3, 1973 (Ga. L. 1973, p. 288), is hereby declared to be an agency of the judicial branch of State government for the purpose of defining and regulating the practice of court reporting in this State.
Section 4. Definitions. The following words and phrases when used in this Act shall have the following meanings:
(1) "Court Reporting" shall mean the making of a verbatim record by means of manual shorthand, machine shorthand or Stenomask or other means of personal verbatim transcription of any testimony given under oath before, or for submission to, any court, referee, court examiner or board, commission or other body created by statute of this State, or any other proceeding where a verbatim record is required.
(2) "Court Reporter" shall mean any person who is engaged in the practice of court reporting as a profession as defined in this Act. The term "court reporter" shall include not only those who actually report judicial proceedings in courts, but those who make verbatim records as defined in subsection (1) of this Section.
(3) "Certified Court Reporter" shall mean any person certified under the provisions of this Act to practice verbatim reporting.
(4) "Board" shall mean the Board of Court Reporting of the judicial Council as hereinafter provided.
Section 5. Board of Court Reporting of the Judicial Council, creation, name, membership, appointment, qualifications, terms, vacancies, removal. There is hereby established a board which shall be known and designated as the "Board of Court Reporting of the judicial Council" and shall be composed of seven members, four members to be Certified Court Reporters and two members to be representatives from the State Bar of Georgia, and one member from the judiciary, each of whom shall have not less than five years' experience in his or her profession. The initial board shall be appointed by the judicial Council. The term of office shall be two years, and the judicial Council shall fill vacancies on the board.
60

Any member of this board may be removed by the judicial Council after a hearing at which the judicial Council shall have determined cause for removal.
Section 6. Oath of office taken by board, certificate of appointment. Immediately and before entering
upon the duties of said office, the members of the State Board of Court Reporting shall take the oath of office, and shall file the same in the office of the judicial Council, which upon receiving said oath of office, shall issue to each member a certificate of appointment.
Section 7. Organization of board, rules and regulations. The board shall each year elect from its mem-
bers a chairman whose term shall be for one year and who shall serve during the period for which elected and until his or her successor shall be elected. The board shall make all necessary rules and regulations to carry out the provisions of this Act, but said rules and regulations shall be subject to review by the judicial Council.
Section 8. Certified Court Reporter, corporation and firm name; regulations. Any person who has re-
ceived from the board a certificate as herein provided for shall be known and styled as a "Certified Court Reporter," and shall be authorized to practice as such in the State of Georgia and to use such title or the abbreviation "CCR." in so doing. No other person, firm Or corporation, all of the members of which have not received such certificate, shall assume the title "Certified Court Reporter" or the abbreviation "CCR./I, or any other words or abbreviations tending to indicate that the person, firm or corporation so using the same is a certified court reporter.
Section 9. Issuance of certificate, qualifications for certification. The board shall grant a certificate as a
Certified Court Reporter to any citizen of the United States residing or having a place for the regular transaction of business in this State (a) who has attained the age of eighteen years, is of good moral character, and is a graduate of a high school or has had an equivalent education; and (b) who has, except as provided in Section 11 of this Act, successfully passed an examination in verbatim court reporting as prescribed in Section 10 of this Act.
Section 10. Examination of applicants, fee, scope of examination. Every person desiring to commence
the practice of court reporting in this State shall file an application for a certificate with the State Board of Court Reporting upon such form as shall be adopted and prescribed by the board. At the time of making such application the applicant shall deposit with the board an examination fee, to be determined by the board. Examinations shall be conducted as often as may be necessary as determined by the board, provided, that examinations are conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations no later than ten (10) days before the date upon which such examinations are to be given. Examinations shall be conducted and graded according to rules and regulations prescribed by the board.
Section 11. Exemption from taking examination. Any person, a citizen of the United States, who has at-
tained the age of eighteen years, of good moral character, who shall submit to said board an affidavit under oath that he or she has been actively and continuously for one year preceding the passage of this Act principally engaged as a court reporter shall be exempt from taking such examination and shall be granted a certificate as a "Certified Court Reporter."
Section 12. limitations after one year following effective date. After expi ration of one year after the date
this Act becomes law, no person shall engage in the practice of verbatim court reporting in this State unless such person is the holder of a certificate as a "Certified Court Reporter" issued under the provisions of this Act.
Section 13. Revocation, notice to certificate holder, hearing, witnesses. On a verified complaint, the
board may revoke or suspend any certificate issued under this Act for unprofessional conduct or other sufficient cause after notice of and opportunity for hearing. Said notice shall state the cause for such contemplated revocation, the time and place of such hearing, and shall be mailed to the registered address of the holder of such certificate at least thirty (30) days before such hearing. Each board member shall be empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any records, concerning any matter within the jurisdiction of the board. The
61

board shall reduce to writing a summary of the evidence given before it, and shall make a written finding of facts thereon. Certificates may be revoked or suspended for one or more of the following reasons:
(1) Conviction of a felony subsequent to the passage of this Act;
(2) Conviction of a misdemeanor involving moral turpitude subsequent to the passage of this Act;
(3) Fraud, dishonesty, corruption, willful violation of duty, or has become incompetent to continue to perform his or her duties as a court reporter;
(4) Fraud or misrepresentation resorted to in obtaining a certificate under this Act.
Provided, however, that any disciplinary action of the board may be appealed by the aggrieved person to the judicial Council, which shall have the power to review said determination by the board.
Section 14. Penalties for violation. If, after this Act becomes law, any person shall represent himself or herself as having received a certificate as provided for in this Act, or shall practice as a Certified Court Reporter without having received such certificate, or, after having his or her certificate revoked, shall continue to practice as a Certified Court Reporter in the State of Georgia, or shall use any title or abbreviation indicating that the person using same is a Certified Court Reporter, or shall violate any of the provisions of this Act, said person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.
Section 15. Injunction against violations. On the verified complaint of any person that any person, firm or corporation has violated any of the provisions of this Act, the board may, with the consent of the judicial Council, file an equitable petition in its own name in the superior court of any county in this State having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm or corporation restraining them from violating the provisions of this Act and upon proof thereof the Court shall issue such restraining order, temporary injunction or permanent injunction without requiring allegation or proof that the petitioner has no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the board has, and shall be in addition to any right of criminal prosecution provided by law.
Section 16. Temporary employment permit. Nothing in this Act shall be construed to prohibit the temporary employment of any person not certified under this Act who has first obtained a temporary permit from the board or from a judge in the circuit in which the cause is pending. The board may limit the extent of such temporary permit based upon the need for such temporary employment.
Section 17. Renewal of certificate. Every Certified Court Reporter who continues in the active practice of verbatim court reporting shall annually, on or before April 1, following the date of issuance of the certificate under which he is then entitled to practice, renew such certificate upon the payment of a fee established by the board. Every certificate which has not been renewed on the first day of April shall expire on that date of that year and shall result in the suspension of that reporter's right to practice under this Act, which suspension shall not be terminated until all delinquent fees have been paid.
Section 18. The administrative and staff work of the Board of Court Reporters of the judicial Council shall be among the duties of the Administrative Office of the Courts, created by Ga. L. 1973, p. 288. The director of the Administrative Office of the Courts shall serve as secretary of the Board of Court Reporters of the judicial Council, and shall perform all duties as may be assigned to him either by the board or the judicial Council to implement the provisions of this Act.
Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1974.
62

Appendix Six

Judicial Council of Georgia To Set Court Reporter Fees

Code 24-3103, 24-1304 Repealed.
No. 558 (House Bill No. 482).
An Act to amend an Act creating a Judicial Council of the State of Georgia, approved April 3, 1973 (Ga. L. 1973, p. 288), so as to provide that the Judicial Council of the State of Georgia shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases; to provide for per diem fees; to provide for the form and style of transcripts; to provide that this Act shall not apply to such court reporters under certain circumstances; to repeal Section 24-3103 of the Code of Georgia of 1933, as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 388) setting the compensation to be paid court reporters in all civil cases; to repeal Section 24-3104 of the Code of Georgia of 1933, as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646); and by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), and by an Act approved April 10, 1968 (Ga. L. 1968, p. 1230), setting the compensation to be paid court reporters in all criminal cases; to provide an effective date; to repeal conflicting laws; and for other pu rposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Judicial Council of the State of Georgia, approved April 3, 1973 (Ga. L. 1973, p. 288), is hereby amended by adding a new section to be known as section 2A, which shall read as follows:
"Section 2A. (a) The Judicial Council of the State of Georgia shall promulgate rules and regulations which shall:
(i) provide for and set the fees to be charged by all official court reporters in this State for attending court, taking stenographic notes and recording the evidence;
(ii) for furnishing transcripts of the evidence, and for other proceedings furnished by the official court reporter in all civil and criminal cases in this State;
(iii) provide for a minimum per diem fee, which fees may be supplemented by the various counties within the circuits to which such court reporters are assigned;
(iv) provide for the form and style of the transcripts which shall be uniform throughout the State.
(b) The Judicial Council of the State of Georgia shall amend its rules and regulations providing for and setting the fees to be charged by all official court reporters whenever the Judicial Council of the State of Georgia shall deem it necessary and proper."
Section 2. This Act shall not apply to those court reporters taking and furnishing transcripts of depositions, nor for taking and furnishing transcripts of nonjudicial functions nor to any independent contracts of any reporters.
Section 3. Section 24-3103 of the Code of Georgia of 1933, as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 388), is hereby repealed in its entirety.

Code 24-3103 repealed.

63

Section 4. Section 24-1304 of the Code of Georgia of 1933, as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646), and by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), and by' an Act approved April 10, 1968 (Ga. L. 1968, p. 1230), is hereby repealed in its entirety.
Section 5. This Act shall become effective January 1, 1976.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 18, 1975.

Code 243104 repealed.
Effective date.

64

Appendix Seven

Annual Report of the Council of Juvenile Court Judges

THE COUNCil
The Council of Juvenile Court Judges was established in 1971 by the Georgia General Assembly (Ga. L. 1971, p. 709 as amended) and is comprised of all judges of courts exercising jurisdiction over juveniles. The organization, which meets yearly, may establish general policies for the conduct of courts with jurisdiction over juveniles, and may promulgate uniform rules and forms governing procedures and practices of the juvenile courts.
Under the leadership of Judge Walter C. McMillan lr., Superior Court, Middle Judicial Circuit, the Council undertook several projects in Fiscal Year 1975. Also serving as Council officers during the past year were vice president, Judge Dennis Jones, Juvenile Court of DeKalb County; vice president, Judge Rex Ruff, Juvenile Court of Cobb County, and secretary-treasurer, Judge Romae Powell, Juvenile Court of Fulton County.
Acting Executive Director of the Council of Juvenile Court Judges is J. Chris Perrin.
During the past year, the Council has devised a manual for Juvenile Court judges which will be printed in the coming months, and is now working on Juvenile Court forms and docket books in conjunction with the Administrative Office of the

Courts' records' management and Juvenile Masterplan studies. In the past year, the Council has also begun issuing certificates of appointment for juvenile judges.
In addition to continuing assistance to the Juvenile Justice Masterplan Steering Committee, which is devising an overall plan for provision of services to juveniles in Georgia, a 12-member committee of Juvenile Court and Superior Court judges recommended in 1975 that a domestic relations division of the Superior Court be established to handle all family-related matters.
In October, 1974, the Council held its Thirteenth Workshop for Juvenile Court Judges in Athens at the Georgia Center for Continuing Education. At this meeting, juvenile judges discussed such topics as the rights and wrongs of Georgia juvenile justice; the Florida juvenile justice system, funding and survey of the juvenile system, security and rehabilitation problems, recent decisions affecting the Georgia Juvenile Code of 1971, dispositional options of juveniles including transfer to the Juvenile Court, a report on the judicial liaison committee concerning court service workers and their relationship to the Juvenile Court, and a presentation on new juvenile forms.

STATISTICS
Because no uniform caseload reporting system is currently utilized in courts handling juvenile cases in Georgia, great disparities exist in any statistics available on cases disposed of and actual offenses.
In its Annual Report from State Agencies on Children's Cases filed with the U. S. Department of Health, Education and Welfare in 1974, the Division of Community Services Statistics Office; Georgia Department of Human Resou rces, reported a total of 48,116 juvenile cases, both official and unofficial disposed of by the courts in 1974. This is compared

with 50,937 cases in the previous year. The term "cases" is interpreted as the number of times an individual proceeding was filed.
The same report, however, estimates referrals to Juvenile Court by offense (See Chart #1) and shows 7,111 status offenses, 19,541 del inquent acts, and 1,912 unknown offenses listed in 1974. That totals 28,564, or some 20,000 less offenses than actual cases reported. Offense totals the previous year are 31,652, again some 20,000 less offenses than cases reported.

65

Chart # 1

Chart # 2

Estimate of Referrals To Juvenile Court By Offense

Average Caseloads for Independent Systems

1973

Status Offenses Delinquent Acts

9,093 21,264

Murder-Manslaughter Rape Robbery-Armed Robbery Assault-Battery Motor Vehicle Theft Arson Burglary-Breaking and Entering Malicious Mischief-Vandalism Disorderliness-Disturbing the Peace Public Drunk DUI Theft Shoplifting Alcohol Offenses Drug Offenses Weapons Offenses Aiding and Abetting-Conspiracy Forgery-Bad Checks Receiving Stolen Goods Fraud Bomb Threats Damage to Property Trespassing Oral Threats Miscellaneous

44 39 364 1,375 993 86 3,280 489 1,071 203 5 4,965 616 630 2,068 329 24 136 34 12 7 663 807 28 2,996

Unknown

1,295

Total Offenses Categorized

31,652

Actual Cases

50,937

1974
7,111 19,541
29 45 348 1,304 858 80 3,515 360 1,057 152 74 4,518 471 628 1,865 284 93 207 92 7 12 958 582 69 1,933 1,912 28,564
48,116

County Bibb Chatham Clarke Clayton Cobb DeKalb Dougherty Floyd Fulton Glynn Hall Muscogee Richmond Spalding Troup Upson Whitfield

Probation Officers 49.76 55 Not Available 55-6O 30 45 46 20 24 Not available Not available 21.58 Not Available 264 100 Not Available 65

Average Caseload for
Court Service W orkers of
Department of Human Resources*

Statewide

55.6

'This figure includes probation, intake and aftercare services.

66

This would indicate a critical need to establish a statewide system for uniform caseload reporting to insure accurate comparisons for planning and funding purposes.
Support personnel of the Juvenile Courts include court service workers who are employees of the State's Department of Human Resources' Youth Services Division. Currently, 126 court service workers work in 142 counties in Georgia to provide total processing of juveniles, and also perform after-care functions in 17 Georgia counties with independent

juvenile court systems.
Those independent systems currently employ 218 probation officers whose responsibility is processing juveniles entering into the juvenile justice system. This processing includes intake services, detention planning, development of social histories, pre-trial investigation, and probation services.
Chart #2 depicts the average caseloads for probation officers of these independent systems. Average caseloads for court service workers were not available at the time of this report.

..

67