Fourth Annual Report
Administrative Office of the Courts
(July I, 1976 to June 30,1977)
Published pursuant to Georgia Laws 1973, p. 288
for The Judicial Council of Georgia
by The Administrative Office of the Courts
February 1978
The Judicial Council of Georgia Administrative Office of the Courts
Georgia Justice Center Suite 500 84 Peachtree Street Atlanta, Georgia 30303
The Fourth Annual Report of the Administrative Office of the Courts of Georgia is a publication of the Judicial Council of GeorgialAdministrative Office of the Courts as required by Georgia Laws 1973, p. 288. Funding for this document was provided by Grant No. 77A-08-00l, awarded by the State Crime Commission under a grant from the Law Enforcement Assistance Administration of the United States Department of Justice. Editor: Mary P. A. Carpenter Design: Patty Bisbort
COUNCIL
Judge Marion T. Pope , Jr ., Chairman ~u dge Julian Webb. Vice Chairman ~udge James B. O'Connor. Sec.f Ireasurer udge Francis W. Allen ~u dge Frank S. Cheatham . Jr. Harold G. Clarke. Esq. ll udge W. Marion Guess. J r. ~Vi lto n D. Harrington. Esq. A ociate J ustice Robert H. Jordan ~udge Paul W. Painter ~udge Charles L. Weltner
JU DICIAL COUNCIL OF GE ORGIA
Ad m inistra tive Office of th e Courts
GEORG IA JUSTIC E CENTER SUITE 500
84 PEACHTREE STREET ATLANTA. GEORGIA 30303
(4 04) 656-51 71
Robert L. Doss, Jr.
Foreword
The fourth yea r o f ex iste nce o f the Judicial C oun cil o f Geo rg ia/Admi nis t ra tive Office of the C ourts was o ne of change and maturity. In 1973 th e G en eral Assembly crea te d th e ag ency and assigned to it the resp on sib ility of st udying th e cou r ts , mak in g recommendat ion s for th eir im proveme nt a nd ass isti ng local judicial pe rson ne l w ith problem s affecti ng cou r t operat ion . Th e Admini strative Office of the Courts h as, durin g fiscal yea r 19 77, con tin ue d to dis cha rge its sta t u to ry re spon sibilit y as it co mplete d several ma jor s tu dies and in itiat ed pro gram s to improve th e ope ra t ions of th e cour ts a nd th e adminis tra t ion o f jus tice in thi s State.
Sy st em -w ide proj ects a nd stu dies co m pleted by the Administrative Office o f the Courts provide pri ma ry a nd co m pre he nsive dat a on th e workloads and ope ra t ions of th e cou r ts o f th is St at e. Th e st udies fo r m a fir m fac t ua l fou nda tio n fo r eva luat ing th e needs and resources o f th e judi cial sys te m . A s ta t ewide st udy o f cou r t ho use facilit ies wa s co mp lete d, a ma st erplan for th e juve n ile justice sys te m w as publish ed, lon g-ran ge go als for th e judiciary w er e being developed a nd accura te caseload da ta was collected fo r th e fou r pri nc ipa l cou rts of record .
D evelopment of a co m pre he nsive prog ra m of co n tin ui ng educa tion for th e jud iciarywas planned with the crea tion o f th e Jud icial C ollege of Georgi a. Plan s a nd pr ogram s for us ing availa ble fede ra l fund s fo r im prove me nts to the S tat e's cou rts a re bein g developed and coo rdi na ted by th e n ewl y appo in te d Jud icial Plannin g Comm itt ee. Th e impleme n ta tio n of th e Jud icial Administration Act o f 1 9 76 es t ablish ed t en admini strative districts and brought a g rea te r degree o f uniformity to the cou r ts sys te m in th e St at e. Additi on al ju dic ial manpow e r was pr ov ided fo r eig h t circ ui ts having cr itica lly h igh wo rkloads by th e crea tion o f new su pe rio r co u r t judges h ips by th e Ge ne ra l Asse m bly upon recommendat ion of th e Jud icial C oun cil.
This A nnual Report presents a review o f how th e Adm in istrat ive Office o f th e C ourts has disch ar ged its s ta tu to ry resp on sibilit y by aidi ng local cou r ts, conduc ti ng s tu dies, mak ing recommend ati on s for cha nges and ot he r act ivit ies . Summaries of the judicial wo r k o f th e principal cou r ts o f record and a re view of the projects a nd program s coo rdina te d by the cou r t admi n istra to rs fo r th e ju dicial admi nis t rat ive districts are also presented .
Th e Adm inist ra tive O ffice of th e C ourts we lcomes qu esti on s a nd co m me n ts o n its activi ties a nd accom plish me n ts as it con ti n ues to di sch arge its resp on sibilit y by de vel op ing program s a nd proj ect s that addres s the needs o f th e cour ts o f Georgia .
Since rel y,
f!!:t~ :~,,?~t
Direct or Adm inis t ra tive O ffice of th e C ourts
Contents
Judicial Council of Georgia
7
Administrative Office of the Courts
12
Administration
15
Communications
17
Education
18
Juvenile Justice
19
Planning
20
Research and Published Studies
23
Technical Assistance
25
AOC at a Glance
32
The Districts
40
The Courts
46
Appellate Courts
47
Superior Courts
47
State Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Juvenile Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
Probate Courts
55
Other Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
Other Judicial Agencies
62
Board of Court Reporting
. 62
Judicial Nominating Commission
63
Judicial Qualifications Commission
64
Superior Courts Sentence Review Panel
64
Annual Report of the
Council of Juvenile Court Judges of Georgia
68
Appendix
72
One: Two: Three: Four: Five: Six: Seven: Eight:
Act Creating the Judicial Council
','
" 72
Funding Summary for Judicial Council/AOC
73
Members of the Judicial Council
74
Judicial Administration Act of 1976
76
Georgia Court Reporting Act .. . . . . . . . . . . . . . . . . . . . . .. . 77
Judicial Council to Set Court Reporting Fees. . . . . . . . . .. 79
Judicial Personnel Changes
80
1977 Statutes Affecting the Judiciary
83
Judicial Council of Georgia
_
. Increasing maturity marked the fourth year of
existence of the Judicial Council of Georgia and its service arm, the Administrative Office of the Courts (AOC). During the past fiscal year the Council was involved in several important changes ~hich are expected to improve the administration of justice and the operations of the courts of Georgia. .'.' Charged by law with studying the work of the .courts, assisting judges and other judicial personnel and making recommendations for improvements in the courts (Ga. Laws 1973, p. 288), the Council 'placed special emphasis on several areas during ,fiscal year 1977.
The Council assisted in the implementation of the Judicial Administrative Act of 1976 (see .Appendix Four). The act established ten judicial administrative districts in the state and a frame.work for identifying the needs of courts within .each district and coordinating programs and , resources to meet these needs.
;." The Judicial Council's concern for increasing the opportunities for continuing education for the .'jUdiciary was shown by its establishment of the J\ldicial College of Georgia. The college will tackle the task of developing a comprehensive program ~~rom the existing patchwork of educational .9pportunities-seminars, workshops and other ..trllining sessions.
:&,.:.Planning for the use of federal funds available .19r courts programs and improvements was ~Jlsured by the formation of the Judicial Planning ~~ommittee. The committee will coordinate and ;~ganize planning efforts and assist local courts in ;;preparing applications for federal grants. pAn analysis of annual caseload statistics collected j9..ll the major courts of record in the state provides
the Council with a sound basis for evaluating the need for additional judicial manpower. Eight new superior court judgeships were created by the 1977 General Assembly upon Council recommendations which cited the particularly heavy workloads in these circuits.
Nine judges of courts of record and two members of the State Bar of Georgia comprise the Judicial Council, Created in 1973 by an act of the General Assembly, the Council has used its first years to build a foundation of previously uncollected facts and figures on the courts of the state. During fiscal year 1977 several major studies were completed which examined the state of Georgia's courthouses, surveyed records-keeping practices and procedures in the courts and produced a masterplan for improving the juvenile justice system. Funded for the most part by onetime grants of federal money, primarily from the Law Enforcement Assistance Administration (LEAA), these and other studies of the state's courts have provided the primary information necessary for the Council to analyze and evaluate the needs of the courts, recommend improvements and plan for future programs and projects to address both existing and projected needs.
Through its programs and practices the Judicial Council of Georgia is building a more efficient and effective judicial branch of government. The development of plans for the future of the courts-through the formulation of long-range goals for the courts system, recommendations for the revision of the Judicial Article of the State Constitution and other efforts-will help the courts keep pace with the growing demands on the judicial system in Georgia.
7
MEMBERS OF THE JUDICIAL COUNCIL OF GEORGIA
(july I, 1976 - June 30, 1977)
Judge G. Ernest Tidwell, Chairmn Su pe rior Court At lant a Jud icial C ircuit A tlan ta
Jud ge Irwin W. Stolz, Jr . Viet' Cliairmon, 7/1 /7b- 3 /l - 7 7 Georgia Co u rt of Appea ls Atlanta
Judge Marion T. Pope, Jr. Secretary-T reas urer, 7/1 /76 -3/ 1/7 7 Vier Chnirman, 3 /1 /7 7-6 /30/7 7 Supe rio r Co urt Blue Ridge Jud icial C ircu it Ca n to n
Judge Julian Webb Secreiarv-T reasurcr. 3 /1/77 -6 /30 /77 Georgia Cou rt o f Appea ls At lant a
See Appe ndix Th ree fo r member s o f th e Jud icial Co u ncil since its crea tio n in 19 73 . 'Judge St olz resign ed fro m th e Co u r t of App eals effective Mar ch 1, 19 77 .
8
Judge Francis W. Allen Sta te Cou rt of Bulloch C ount y St at esboro
Judge Frank S. Cheatham, Jr. Superior C our t Eastern Judicial Ci rcu it Sava n na h
Harold G. Clarke Presiden t St at e Bar of Georgia Forsyth
Ju stice Robert H. Hall Suprem e Co u r t of Georg ia A t la nta
W. Stell Huie Immediate Past Pr esident St at e Bar o f Georgia Atlan ta
Judge James B. O 'C onnor Sup eri or Cou rt
O con ee Judi cial C ircu it Eastm an
Jud ge Paul W. Painter Superi or Co urt Lookout Mount ain Jud icial Circuit Ro ss v ille
Jud ge Will iam K. Stanley Probate Court of Bibb Co u nty Mac on
9
The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided.
Constitution State of Georgia
Administrative Office of the Courts
_
The responsibility of the Administrative Office of the Courts to study and assist the courts and make recommendations for their improvement is spelled out as eight primary duties in the 1973 act which created the Judicial Council/AOe.
Consulting with and assisting judges and other court personnel in matters of court administration is a broadly defined duty which has permitted the development of the AOC along functional lines necessary to address the needs of the courts. Technical assistance to courts was provided by the AOC in such areas as facilities, records management, jury management and information systems. Benchbooks and manuals and special short-term projects answered other court needs,
A closely related duty requires the AOC to examine the administrative and business methods and systems used in the judicial system and make recommendations for their improvement. The AOC was involved last year in helping courts improve jury management procedures and practices, developing model court rules and developing models for testing computer-based information systems for courts. A Survey of Records Keeping in Georgia Courts completed last fiscal year views records management practices and procedures in courts throughout the state. The compilation of this information was an important first step in permitting the AOC to carry out its duty to examine the state of courts' dockets. Besides providing technical assistance in records management, the Administrative Office of the Courts worked with individual courts to introduce and install model docket books.
The AOC's annual collection of data on the caseloads of the major courts of record is in keeping with its duty to compile statistical and financial data and other information on the judicial work of the courts. More detailed and more accurate statistics were collected and analyzed last year. Other limited studies completed last year include one on the office of justice of the peace and a fiveyear analysis of caseload data which shows the courts keeping pace with dramatic increases in the number of cases filed.
The AOC is also required to act as fiscal and
budget officer for the judicial system and to
prepare budget estimates of state appropriations
necessary for the maintenance and operation of the
judicial system. Besides fulfilling this function for
several judicial agencies, the AOC administers
federal funds in the form of grants from LEAA
and the Office of Highway Safety and assists
courts on the local and district levels in preparing
individual grant applications.
Another major duty defined by law is the forrnu-
lation and submission of recommendations for the
improvement of the judicial system. The develop-
ment of long-range goals for the courts and a
masterplan for the juvenile justice system, the
work of the newly formed Judicial Planning
Committee and the recommendations for revision
of the Judicial Article of the State Constitution
spell out specific system-wide recommendations fo.
improving the administration of justice in Georgia.'
The need for physical improvements to court-
houses and courtrooms was pointed out in a four-
volume study of courthouse facilities completed
last year.
-
Additional duties assigned to the AOC by the
Judicial Council during fiscal year 1977 were
primarily in the areas of education and communi-
cations. A specific duty to produce an annual
report on the work of the courts and on the
activities of the AGC was one of many efforts to
disseminate information to judicial personnel and
to the public. While the birth of the Judicial
College was the most visible event in the area of
education, the Administrative Office of the Courts
continued its involvement in seminars, workshops
and other training opportunities for judicial system
personnel.
The specific duties of the Administrative Office
of the Courts are closely related to each other. ThE
AOC coordinates its activities along functional
lines which group similar services and avoid dupli-
cation of efforts. A review of the activities of the
Administrative Office of the Courts during fiscal
year 1977 follows.
12
Aoe Organization I n Fiscal Year 1977
lud,d .d
CUU Il(lI
of GPOrs'"
I
Au t DUl"C:lor
for
Admmi,lr.l IK'n
H",coIJ
U.' m..lc-f
Fi.ul OUk..r ~by n.,J Cr.if
Rn~tioni.t l
mrt:l ..ry
Breed.. Lee
I
Aut Dnector lor pz..nnm~
..nd G r. " I. Doultl., C.
11...Imo1 n
O ffKt' M"""S..t Sfo\-,.u "Y
[)(.nn" N ... h
DUN lor
,Ror..rt L. Do n .'r
AJn""Klr.I I\tf'
" n idol"'
W..I."r ' KUon
Ant. Omp( to r
fa.
l~.1 SC'r\'ln~
Rus.dl !':
S".... ell, Jr.
Eduuhon
Offkrr EJ,ul;or t h
Mobiry
PL."n..,
Rubor rl W,llt.
SI..H Altorn",. B.n rt'ttl.
C t. Rrportmg
BOoird Clf'r. fr.nlit' 8 ..lJwin
BooIr.kf'f'rrr
Norm.. ~b n Kf't
C om mumu llont Sre-cu li t l
Mul"n" Coldm."
R,uphondol I T ypt9t
Cuundr. RpY..lt lon
SKrl'uryl M..,; C ..rd K"nn"lh" C oU r t m..n
Admin. A ni . Eduul ion
M." y 8fo1l
ttarn w n
SM" r~I..ry N..nCf Bu rnh..m
PLIn",,'
.Ito! HoI"",,1I
'uJgP xntIPrKt'
Rnlf'w ektll Ph yU I' T ..nn~r
Pl.ln n" r M IJ." Ploh-C1llY
P"'I Tlm~
Dt-puly C kr J.
B"t h C."
S,rt.lry
r.1 Bee!..
CI ' Consult RK'Ordl Mitmnt
RKIr. G ruover
Ctl Con,uh . FoICi liliM
ludlOn Dry. "t
r ..rt-Ti m"
An i,'. nt L. un l" Phillip'
G toi r hlC
O~iA""r
P..lty 8lsbt'rl
Cit. Ct'n.uh . C..t~tlow M ltm nt
Ron ~tnl
Cit Contuh. lury M ltm"l .
r ..lti U[>('IV1'r
CII , Con,ult
Tuff..: D.....J Latkc
I
lei.A"t Director CoorJl n..tion . od RPM'.lrlh C h'l' Pprrin
I
~rSK..hrtB'hI.r..y..n e
I
S K UI . r y K..nn lynch
I
C('tft'I pu t 11'1" Proj . Dl rKlor John Short'
I
Rn ,mA.oc. 8 111 McQu ..-.i~
I
Sft'rf1.aryl K. y Punc h
T"'n,, C'f'w
I
Ju",nu. Court S po!"C'Wlli l
Ahor1 M oulr ri~
Sr. An""" 1 r rogr..mm~r
M ..cnce H ' lChl'11
RII"N'.h A ,~.1 Admin. Alii. Ken Klnuid
An..lYl llProgum 8111 Kr .ut-l'
RII"N'.. h AIKO(". K'lhy Scott
ANlfy. t IPr~r ..m Gf'<>rJtl' Nob,..
R,..,...rch AIM)(. Jowphine Sm..lls
An.ty' t / rr~r..m 8 .rl Pe arl
Rl'N'urh An O(. Eliubl'th H ln"
Aoe
O r gan izat ion
In
Fiscal
Year
1978*
Supt'rior Court. 5f'ntrncl' Revil''''
P"nf'1
I
I
I
I
I
I
ludiml
Pl.nnln~
I
Com mit III'II'
I
I
I
I
I
I
Ir - - - - - -- ~ - -
Clu l Phylli. T..nner
St.ff Director DouSI... C. Ilorlm.n
-- - - - - - - I
A UI . Drrectoe
10'
Adm lnl.lr.l ion Huold H..lm.hr
Put Timr
[)~IY Clrrl
Brlh Cu.
SKTrl.lry
Ieeeneu e Huclo..by
F il~.1 O fflu" Vk w. bb
Admin . A nt .' Buds"t O Hicf' f Cuol Huvlll
'udicil:l Cou ncil
(If Cnlt lti.
lud ia. '
COIlt'KIP
I
I I I I I I I I
I I I
I
I
Eduutlon
O HlCl' t
Ron J..udon
AOC
Board of
Cou rt Rf'por linJl:
,
I
I
Di rec t o r
St'C f l' IUy
I
Ro beer l. DotJr.
Kf'nn<rthll'
Cot l fO rm. "
I
I
,I
I
A UI Drrect or
I
fur O~r ." ,o n, John Sh~
I I
I
I
I
St"C1' r l u y Yvonne ~h y.
Co mm un iu tlon. S r~d..1111
Muy C u pt'n lt't
Clr r"
LHIIf' JonnKtn
8oolk~pc'r
' o.n H all
Tr"HICC II
Tr,lIn itl~
Coor din..to r Muy 8,,11 Harnson
SKU I.lry N. ncy 8 urnh ..m
Rrn phon l.11 Secret..ry Br~nJ.I Lee
R ffrpt ion i~ 11
Typilt C. . ""n d u Howoltd
Gu phlc DniKnrr
r.. lty Bu bort
CII . Con.ull. F..n lltlr'
lud lOn Bry..nt
c u. CM~ u lt .
Jury Mgmt. P.tli Hoover
C h . Co nl ult RK'OI'd, Mgml.
K..thy ~tt
C t,. Co n.ult. Tuffic
Dan Bt"Ckt'r
*Due to organizational changes made shortly after the end of fisc al year 1 97 7, this ch art is included in thi s report to present a cu r ren t picture of AGe organ iza tion .
C II Con~ u lt .
Sy""m. An..lyl l Gf'Orgt' Nol.ln
Cou ncil o f Juvl'nilr Cou rl
Judlt"
I
Ani . Dirrclo r for Court,
Coordl n . t ion .nd RI'Sf'u,h Chri, pfnin
I
I
Sf'ocrl' l . , . y
Norm. Wr ll.
SKff' t.ry
1.. Mdle r
l
Resea rch A.-ac. Bill McQu..de
[uvemle Court SpI..1i11
Alton M oull r i~
R t'~nrch AUllc.l Admin. Au t.
Kt'n KinCAid
SKrt'l.lry Su n Coldln
R "~uch A.-oc, RK1)rdl Mgmt .
Norm .. Pnc~
Rnt'oItch Au oc. Molly
I McPhilID1Y
Administration
_
Grant administration, budget preparation, legislative updates and other services were ways the Administrative Office of the Courts fulfilled its responsibilities to assist and provide requested services to judges and other court personnel and to act as fiscal officer for the judicial system.
During fiscal year 1977 the AOC administered seven federal grants. These funds, awarded through the State Crime Commission, were grants from the Law Enforcement Assistance Administration and the Office of
Highway Safety of the u.s.
Department of Transportation. One-time, system-wide studiesof facilities and records-keeping practices-and projects-developing long-range goals for courts and a masterplan for the juvenile justice system-which were funded by these grants could not have been completed without federal assistance. Courts on the local, county and district levels were assisted by the AOC in preparing grant applications for individual projects. Information was collected by the AOC for the application for the grant to fund the Judicial Planning Committee, a group responsible for coordinating planning for the use ~f available federal funds for ~rts projects and improve~ents on a yearly basis.
The AOC prepared budget estimates and served as fiscal officer for the Superior Courts Sentence Review Panel, the Judicial Qualifications Commission, the Council of Juvenile Court Judges and the Board of Court Reporting. The AOC also prepared budget estimates for the superior courts.
Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:
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 requested.
A weekly report on legislation was distributed to judges, legislators and other judicial personnel by the AOC while the General Assembly was in session. The Judicial Legislafive Log listed new legislation and the status of
previously introduced bills. The progress of Judicial Councilendorsed legislation was tracked in this publication, a joint effort of the legal services and communications sections.
A judicial-legislative conference at Callaway Gardens was sponsored by the Judicial Council to provide a forum for communication between the judicial and legislative branches of government prior to the convening of the legislature. After the General Assembly adjourned, the AOC presented reviews of legislation passed during the 1977 session at seminars for state and probate court judges and superior court clerks.
Other non-technical assistance to courts was provided by the AOC in several areas. A list was maintained of superior court judges and senior judges available to sit in another circuit when a judge became ill or disqualified. During fiscal year 1977, senior judges provided additional judicial manpower by working a total of 1,173 days.
Opinions of the attorney general on court-related issues were mailed to superior court judges. Inquiries about the duties and fees of court reporters were answered, and several legal opinions were issued by the legal services section in response to specific requests.
15
State Appropriations for the Judiciary
(Fiscal Year 1977: July 1, 1976-June 30,1977)
Judicial Budget $10,098,391
o .52 per cent 1h of 1%
... under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system.
Five-Year Comparison for Judicial Budget
(1974-197 8)
Fiscal Year
1974 1975 1976 1977 1978
Total State Appropriat ion
$1,675,135,460 1,702,971,922 1,841,125,219 1,890,095,530 2,143,976,000
Amt . Increase
$316,406,086 27 ,836,462
138,153,297 48, 970 ,311
253,880,4 70
Judicial
$7,954,483 9,022,277 9,828,414
10,098,391 11,250,927
Increase
$1,343,170 1,067,794 80 6,13 7 269 ,9 77 1,152,536
Percent of State Budget
.0 0 47 .0 05 3 .0 053 .0 05 3 .0 0 5 2
FISCAL YEAR 1977 JUDICIAL APPROPRIATION
($10,098,391)
FISCAL YEAR 1978 JUDICIAL APPROPRIATION
($11,250,927)
Supreme Court ($1,158,000)
Court of Appeals ($1,305,000)
($220,000) ($177,000) ($ 72,000) ($ 40,000) ($ 36,046) ($ 10,000) ($ 7,500)
Prosecuting Attorneys' Council Administrative Office of the Courts Appellate Court Reports Council of Juvenile Court Judges Sentence Review Panel Judicial Qualifications Commission Board of Court Reporting
($232,700) ($225,088) ($116,700)
($44,556) ($39,211) ($30,000)
($8,000)
16
Com m unications
_
Th rou gh th e regular co m m unica tio ns effor ts of th e Judicia l Cou ncil/Admi nis t rative Office of th e C ourts, th e pu blic learn s of innovat ion s and imp roveme n ts in the cou r ts sys te m a nd judi cial per sonnel are mad e awa re of resou rces, prog ram s a nd project s which migh t be adap table to th e needs of local co ur ts.
In form ing judicia l sys te m pe rsonn el an d th e pu blic abo u t cour t-related new s a nd th e activi ties of the Council /AOC last year took the form o f pu blication s a nd press releases as we ll as responses to individua l requ est s fo r informa tion a bo ut th e courts and th eir operatio ns.
Mo re tha n seve n ty news releases we re issued d uring fisca l yea r 1977. T hese we re de sig ne d to info r m th e media a nd th e publi c of new deve lop me nts in
. . . under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts.
th e cou r ts sys te m, results of s tudies a nd su rveys cond uc te d by t he AOC a nd o t he r new s. A n in fo r ma tio nal brochure describing th e Judicial Co u nci l/Ad minist ravive Office o f the Courts a nd its activ it ies wa s also produ ced .
Five iss ues of the Georgia Courts [ournal we re distri bu ted to co u rts sys tem personnel. T he [ournal repo rt s on the activities of t he Cou ncil/AOC a nd fea t u res a r ticles on h ow co u r ts a re so lving pro blems in a reas suc h as faci li-
tie s, reco rd s and ju r y ma nagemen t a nd presents informat ion on cu rre n t pr og ram s and prac tices of co urt ad minis tra tio n. Inclu ded th is year we re rep orts on th e activi ties o f th e ne w ly fo rm ed jud icial ad min istra tive district s.
For a second yea r, th e AO C pu blis hed a Georgia Courts Dim lory. providing in a single publi cation nam es, addresses a nd telepho ne num ber s o f court per son n el in Geo rgia .
AOC Publications-Fi scal Year 1977
Tlrird /umu ! Report of Ih,' /vdministratii Office of the Courts
Clfrks' Handbook E:UClll it'f Summary-Slalfwid"
Caseload Sialislics Georgia Courts Diretiorv Gforgia Courts JOIlTl/ll1 (five issu es) Gforgia Sialfwidf Facilities SllIdy
(fo u r volum es) Fourtl. Anllllal Rel'orl RfgardillS Ihf
Nft'd for A ddiliOl'll1 SlI l'a ior COllrl jlldgt'shil's ill Georgia judicial Legislative LoS (n ine issu es) [ustice of 1111' Pt'Ilce SllIdy [ucenil Court Docket Book and Instruction Manual j'Il'fIIilf [ustice Maslfrl'lll/l (fo u r vo lumes) Probalf Court M isdemeanor Docket Book and III slTllcliOll Man ua! SlIrt'fy of Records Kfel'illg ill Gforgia Courts Sial., Court Civi! Dockfl Book a",/ lnstrua io M anua! Siale Court M isdemeanor Docke! Booka",/ Instruction Malllllli
Superior Court Cil'il Docke! Book and instruction Ma nual
Superior COllrl Criminal Docket Book alld lnsiruciion Manua!
Tra ffic Court Manua!
Previous publications still available:
Cillil Pauern jllry instructions Coml'aralit'e A llalysis of Gforgia Law
alld Protedures a",/ ABA Siandards alld Coats Criminal Pattern jllry lnstrutiions First A mlllal Rel'orl of 1111' Adm illislralil'e O ffice of tlie Courts Suo lld AIJlllIal Repon of the A dmillislralil'e Office of ilu Courts Gt'o rsia COllrls [ourna! (iss ues fro m Octo ber 1973 ) jlldicial Legislalil'e Log (vo lu mes o ne a nd two) JII I" 'IIile COllrl Man ua! Re,'orl of GOl'I'Tl/O'S Commission Oil [udicia! Processes Rfl'orl of GOI'eTl/O,S Commission Oil COllrl O rganization Il llt / Structure
Communications Committee
Judge William K. Stanley Chairman Probate Court of Bibb County M acon Judge Paul W. Painter Supe rior Court Lookout Mounta in Circuit Ros sville
Judge Marion T. Pope, Jr. Supe rior Cou r t Blu e Ridge Judicial Circuit C anton
A Public Relat ion s Digest, a co m pe nd iu m o f new s a r ticles and ed ito rials re lating to t he co ur ts clipped from newspapers in the s ta te, wa s pr ep ared mon th ly. In ten ded o r iginally for Jud icial Cou nci l members, t he D igest is now dis tri buted to more th an fift y o the rs, including so me members o f th e G en eral Asse m bly, district adm inis t ra tive
17
judges an d dist r ict court admi nistrators.
A du ty specifica lly assig ned by law to th e AG C is the produ ction of a n a nn ua l report on the work of the courts and the activi ties of the Administ ra tive
Education
T he creatio n of a judicial college to provide the structu re fo r a more co mprehe nsive program of educa tiona l opportunities for Georgia 's judicial personne l was the major activity of th e Jud icial Cou nci l in th e area of ed ucatio n during last fisca l year.
Althoug h train ing sessions and w orksh op s fo r th e judi ciary have been held for a num be r of years, these have not been developed into a struct u red prog ram of contin u ing jud icial ed ucation .
... under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
Perform such additional duties as may be assigned by the Judicial Circuit.
T o develop such a program to an swer th e need s of ju dicial system personnel is the task of the newly named Board of Trustees of th e Judicia l College of Georgia . T hey are plan ning the development of a program for continuing judi cial education an d h ave made arra nge me nt s wi th the University of G eorgia for the colleg e to be located in Athens.
Im ple me n ta tion of t his ed uca tion al pr ogram is s till in th e futur e, howe ver, an d th e Adm in-
O ff ice of the Cour ts . T he Third A nnual Report of the A dministratitJe Office of tire Courts provided a review of th ese ac tivi ties duri ng fiscal year 1976 and presen ted s tatistical information on the judicial workload for the sta te's
principal courts of record d uring this pe riod .
Pu blished s tudies, ma nua ls and han db ooks a re disc ussed elsewhere in this report.
istrative Office of the Courts has continued to coordinate man y of the exi s ti ng training sess ions a nd se mi na rs. D u rin g fisca l yea r 1977 the AOC was invo lved in fourteen educational programs: two superior court judges' se mi nars, a bench an d ba r conference, one seminar each for juveni le court and proba te cou rt judges, four
traffic judges' seminars, a se minar for superior cou r t clerks, one state trial judges and so licito rs ' se m inar, a justice of the pea ce se mi na r, an orientation session for new sta te cou r t a nd su pe rior cou r t judges and a se m ina r for proba tion officers in independ en t pr oba tion sys te ms.
Education Committee Judge Elmo Holt
Judge Marcus B. Calhoun Chairman Superior Court Sou th ern Judicial C ircuit T h o m a s v ille
Superior Cou r t A tlanta Jud icial Cou r t A tlanta Judge Willis B. Hunt, Jr. Supe r ior Court Houston Judicial Circuit
T. W. Black
Per ry
Director of C ourt Services C obb County Ju venile Cou r t Marietta
Judge Dennis Jones Juvenile Court of De Ka lb Cou n ty Deca tu r
Judge Kenneth B. Followill
Judge Harbin M. King
Stat e Cou rt of M uscogee C ounty Proba te Cour t of Go rdon County
Colu m bus
Ca lhou n
Adam H. Greene C lerk of the Superior Co u r t Bibb C ounty M a con
Judge John S. Langford, Jr . Supe rio r Cour t A tlan ta Ju d icial Ci rcuit A tlanta
Judge Marion Guess, Jr.
Judge Othniel W. McGehee
Prob at e C ou rt o f DeK alb Co u n ty Ju ven ile C ourt of Bibb Coun ty
D eca tu r
Macon
Judge Jack Gunter Superior C ourt Mountain Judicial C ircuit C l a r k e s v i lle
Judge Rex R. Ruff Ju venil e Court of Co bb Cou nty M ar ietta
Judge G. Ernest Tidwell
Judge James W. Head
Su perior Court
Stat e Cou rt of Chath am County A t lan ta Ju dicial Circu it
Savanna h
Atlanta
Associate Justice Harold N. Hill, Jr. Judge Julian Webb
Suprem e Cour t of Georgia
Geo rg ia Cou rt of Appeal s
At lan ta
At lanta
18
Board of Trustees, Judicial College of Georgia
Judge G . Ernest Tidwell, chairman Superior Court Atl anta Jud icial Ci rc u it Atl anta
Dean J. Ralph Beaird Un ive rsity of Georgia Law School Athens
A. G. Cleveland, Jr. Atlan ta Attorney
Jim Curtis Inst itute of Co n ti n ui ng Leg al
Edu cat ion University of Georgia Law School Athens Robert L. Doss, Jr. Direct o r Adminis t rative Office of the
Cou r ts
W. Stell Huie A tlanta A ttorney
Judge Willis B. Hunt, Jr. Superior Court Ho usto n Judicial Ci rc u it Perry
Judge John S. Langford, Jr. S upe r io r C ou rt At lanta Judicial Circui t A tlan ta
Ju stice Thomas O. Marshall Supreme Co u r t of Georgia Atlan ta Chief Justice H. E. Nichols Sup re me Cou r t of Georgia Athe ns
Dean L. Ray Patterson Emory Universi ty Sch ool of Law A tlan ta
Judge Marion T. Pope, Jr. Superior Court Blue Ridge Ju dicial C ir cu it C a n ton
Judge Floyd E. Propst Probat e Court of Fulton C ounty A tlanta
Dr. James Rehberg D ean , Me rcer Universi ty Sch ool of
Law M a con
Judge Rex R. Ruff Cobb Cou nty Ju ve n ile Court Marietta
Judge Jack Short Stat e Court of Colqu itt Cou nty Mo ul trie
Juv en ile Justice
Develo ping plans and programs for imp roving th e state's system o f ju ven ile justice was the primary focu s of the AOe's act ivities in th is area during fisca l year 1977.
T he four-volume [uoenile [usiice Masterplan wh ich presents the results of a two-ye ar eff or t w as completed. T he Ma s/erp lall exami nes the current com plex system of cou r ts and services state, local a nd pri vate-that form Georgia 's juvenile justice sys tem and charts improvements to that system through re organization.
Involved in the dev elopment of this Masterplan w ere the Administr ative Office o f the Courts, t he Council of Ju venil e C ourt Jud ges and a special Ju ven ile Justi ce Masterplan Steerin g Committee. (See page 68 for t he Ann ua l Repor t of the Council of Juvenile Court [ud ges. ) The M as/erplall's
... under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement.
recommendations call for a coordinated, more effective juve n ile jus tice system which would inco rporate and coordinate the various age ncies and services that comprise the current system. These recommendations were presented at a conference to approxima te ly two h undred persons involved in t he juvenile just ice system .
The Adm in istrative Office of the Courts worked with juvenile cou r t judges and the Juven ile C ourts Statewide Jud icial Data Syst ems Steering C ommittee to
begin developing an information sy stem for reporting data on the activ ities of the juvenile courts.
A consideration in the developmen t of th is system is t he possibility of incorporating the juven ile court model docket books into an automated system in the fu tu re . D u ring fisca l year 1977, fifty-nine of these model do cket books-preprinted dockets o f a st andard size and formatwere ordered for the state's juven ile courts. (See page 26 fo r further information on model dock et s.)
19
Juvenile Justice Masterplan Steering Committee
Judge Walter C. McMillan, Jr . Chairman Superior Court Middle Judicial Circuit Sandersville
Judge Tom Dillon, pice chairman Ju ven ile Court of Fulton County Atlanta
Reverend Oscar Bell Public Relation s Di rector St. Sim on s Island
Sen. Paul Broun 46 th District A thens
James Burton Director, Youth Services Program Department of Human Re sources A tlanta
Robert J. Castellani Atlanta Attorney
Dr. James B. Craig Superintendent, Georgia Regional
Hospital Savannah
Nancy Green Treasurer Junior League of Atlanta Atlanta
Julie G. Haralson Editor and Publisher The Springfield Herald Spri ngfie ld
Tony H. Hight Exec utive D irect o r Prosecu ting Attorneys ' Cou nc il A t la n t a
Louise Hornsby Ass istant Public Defender Fulton County Atlanta
Charles Hosch High School Student Gainesville
Robert A. Kettel Chief Probation Officer Juvenile Court of DeKalb County Decatur
Edward Lee Urban Program Executive, YMCA Atlanta
Lorenzo Manns Court Administrator Juvenile Court of Muscogee
County Columbus
John Mills Superin tende nt of Schools Sy lva n ia
Deborah Pelligrino Program Director Mid -town Branch, YMCA Atlanta
C apt. W. R. Raines Peace Officers Associati on o f
Georgia Mari etta
Daniel St arnes Reg ion al D irect or Nat ion al Council o n Cr ime a nd
Delinqu en cy Atlanta
Planning
Improv ements to th e co u r ts sy s te m a re most effe ctive wh en th ey proceed in a planned, o rde rly fash ion . Recommen dation s for suc h im pr ovements tak e in to co nsi de ra tion th e re lat ive im po r ta nce of th e various need s of t he co u r ts an d are based on a th orou gh eva lua tion of cu r re n t resou rces a nd pra ctices.
Du ring fiscal yea r 1977 seve ral ma jo r s te ps were take n to ensure th a t pla nn ing fo r court improveme n ts and progra ms wou ld be h an d led o n a n o rde rly bas is wi thi n a fr am ew ork of pr iorit ies. T he cre atio n o f t he Judi cial Plan n ing Com mi t tee OPO by th e Jud icial Coun cil, th e develop me n t o f long-ra nge goa ls for th e judi-
... under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties .. .
Formulate and submit recommendations for the improvement of the judicial system.
cial system and the p repa ration of recomm end a t io ns for re visio n of th e Judicia l A rticl e of th e Sta te Cons titu tion were pr imary plann in g activi ties.
Represen ted on th e Judi cial Plann ing Com mi ttee are th e va rious age ncies invo lved wi th th e co u r ts . Th e JPC wi ll se r ve as a mecha n is m for plann ing fo r th e use of avai lable fede ral fu nds to im prove the co u r ts. Fu nded by
a n LEAA g ra n t award ed through t he Sta te Cr ime Comm ission, th Judi cial Plannin g C om m it tee is respon sibl e for develop ing yearly plans for u sin g th ese funds .
Th e ro le of th e JPC is to defin e, develop an d coordi nate prog ram s w hic h will be ad mi nis tered on th e local and dis tri ct levels. Pla n s fo r the en ti re judicia l sys te m including defen se a nd prosecution
20
pr ogram s are coo rdina ted by th e }pc. Th e co m mi t tee also reviews appli cations for g ra n ts for fund ing cou r t program s. Th e Jud icial Plann ing C omm itt ee works closely wit h loca l and dis t ric t judicia l syste m per sonn el to ident ify probl em areas an d plan programs appropriate to th ese
need s. Th e development of lon g-
ran ge goa ls fo r th e s ta te 's co ur ts was assig ned to a fo ur tee nperson co m mi ttee. Th e AOC assist ed thi s Lon g Ran ge Plan nin g Comm itt ee in exa mini ng pre viou sly co mp iled plan ning docume nt s. Fro m a n eva lua tio n of th ese docu me nt s a nd thei r own obse rv a t ions of th e co urts syste m, th e co m mi t tee began to dev elop long- range goa ls to se rv e as gu ideli nes in making improvements to th e judicial syste m . Th is plann in g effor t also was funded by a n LEAA g ra n t.
Approaching th e matt er of cou rts improve me n ts fro m a cons ti tutiona l viewpoi nt was a twenty-th ree-mem ber com mittee. Thi s g ro up, assis ted by th e Admini strati ve O ff ice of th e Courts, st udied th e exi sti ng Judicial Article of th e St ate Con st itu t io n to p ropose revision s whi ch wou ld improve th e judicia l syst em and the ad mi nis t ra tion of just ice in th e state .
Developing mod el ru les of cou r t wa s assign ed to an other committee. This n ine-m ember commit te e bega n pr epa ring a standa rd se t of ru les of court wh ich can be adopted by indi vidual courts. Adoption o f w r itt en rules of co u r t wi ll improve co u r t adm inis t ra tio n and e nco u rage mor e un ifo r m pr acti ces.
Implem e n tat ion of th e recom men da tio ns a nd pla ns for cour ts im prove me n ts mad e by the se group s is coo rdina te d by the Adm in ist ra tive Office o f th e Courts and by t he jud icial ad min istr at ive judges a nd their co u r t adm inist ra to rs.
Judicial Planning Committee
Judge Marion T . Pope, [r., chairman Judge Harold L. Murphy
Superior Court
Superior Court
Blue Ridge Judi cial Circuit
Tallapoosa Judicial Circuit
Canton
Buchanan
Judge Billy Shaw Abney
Chief Ju stice H. E. Nichols
Juvenile Cou rt of Wa lker County Supreme Court of Georgia
Lafayette
Atlanta
Judge Fr ancis W. Allen State Court of Bulloch County Statesboro
Judge Frank S. Cheatham, Jr. Superior Court Eastern Judicial C ircuit Savannah
Harold G. Clarke President State Bar of Georgia Forsyth
Judge James B. O 'Connor Superior Court Oconee Judicial C ircuit Eastman
Judge Paul W. Painter Superior Court Lookout Mountain Judicial Circuit Ro s s v ille
Judge Romae T. Powell Juvenile Court of Fulton County Atlanta
Ju stice Robert H. H all Supreme Co urt of Georgia Atlanta
Judge Willi am K. Stanley, Jr. Proba te Court of Bibb Coun ty Macon
Judge P. H arris H ines State Court of Cobb County Marietta
W. Stell Huie Immediate Past President State Bar of Georgia Atlanta
William R. Ide, III Public Defender Atl anta
Judge H a rry Johnson, Jr . Probate Court of Floyd County Ro me
Judge As a D. Kell ey, Jr. Superior Court Dougherty Judicial Circuit Albany
Judge C. Cloud Morgan Superior Court M acon Judicial Circuit M a con
l arry Salmon District Attorney Rome Ju dicial Circuit Ro me
"[ u dg e Irw in W. Stolz, Jr. Georgia Court of Appeals Atlanta
Jack Thompson Superior Court Administrator Atlanta Jud icial Circuit Atlanta
Judge G. Ernes t Tidwell Superior Court Atlanta Jud icial Circuit Atlanta
Judge Rob ert Vin ing, Jr. Superior Court Conasa uga Judicial Circuit Dalton
"[ u dg e Ju lian Webb Georgia Court of Appeals Atlanta
' Upon Judge S to lz's res ignation , effective 3/1 /77 , he was replaced by Judge Webb .
21
Judicial Article Revision Committee
Sidney O . Smith, chairman At lanta Attorney
Judge James Barrow Superior C ourt West ern Jud icial Ci rcuit At hens
Judge Marcus B. Calhoun Superior C ourt Southern Judicial Circui t Thom asville
Judge Aaron Cohn Juvenile C ou rt of Muscogee
County Colu mbu s
Judge Robert E. L. Culpepper, Jr. Su per ior Cou rt Sou th Georgia Judicial Circuit Camilla
Judge Kenneth B. Followill St ate Court of Muscogee County C o lu m bu s
W. F. Grant Solicito r St at e Court of Elber t Co un ty Elbert on
Judge Marion Guess, Jr. Probate Cour t of DeKalb Co unty Decatu r
Justice William B. Gunter Suprem e Court of Georgia Atlan ta
Justice Robert H. Hall Supreme Cou rt of Georgia At lanta
Dewey Hayes District Atto rney Waycross Judicial Circuit Do ug las
Sen. Pierre Howard, Jr . 42nd Dist rict Decatu r
Frank C. Jones Maco n Attorney
Betty H. Kehrer Director Georgia C riminal Justice Council Atlanta
Judge Asa D. Kelley, Jr. Superior Court Dougher ty Judicial Circuit Albany
E. Freeman Leverett Elber to n Attorney
Sen. Howard T. Overby 49t h District Gainesvi lle
Judge Dorothy A. Robinson State Court of Cobb Co unty Marietta
Rep. Wayne Snow, Jr . 1st Distr ict, Post 1 Rossville
Judge William K. Stanley, Jr. Probate Cour t of Bibb County Macon
Judge Irwin W. Stolz, Jr. Georgia Court of Appeals Atlanta
Robert S. Stubbs, II Deputy Attorney General At lanta
Rep. Albert W. Thompson 93 rd District Co lumbus
Charles Tidwell Chief Depu ty, Legislative Counsel Atlanta
Felker W. Ward At lanta Attorney
Judge Julian Webb Georgia Court of Appeals Atlanta
Judge Osgood O. Williams Superior Court Atla n ta Judicial Circuit Atlan ta
Probate Judges Cons ti tu tional Revisio Committee
Judge Calvin M. Simpson, chairm Probat e Cou r t of Baldwi n Co un Milledgeville
Judge Robert F. Abercrombie Probate Court of Douglas C oun Douglasv ille
Judge Robert Cook Probate Court of Chatham Coun Sava nna h
Judge Vernon W. Duncan Probate Co urt of Cobb County Marietta
Judge Vir gil L. Hamby Probate Court of Upson Coun Thomaston
Judge Margaret P. Hartman Pro bate Court of Clarke Cou n Athens
Judge Harry Johnson, Jr. Probate Court of Floyd Count Rome
Judge Harbin M. King Pr obat e Co urt of Gordon Co u Ca lhoun
Judge Carl McKoy Probate Court of Coweta Cou Newnan
Judge Floyd Propst Probate Co ur t of Fulton Co un A t lan t a
Judge Helen G. Rohrs Probate Court of Dougherty
County Albany
Judge William K. Stanley, Jr. Pro bate Co urt of Bibb Cou nty Macon
Judge Alton W. Tucker Probate Court of Gwinnett
County Lawrenceville
Judge Clinton K. Wat son , Jr. Prob ate Co urt of Ho us ton Co Perry
22
Model Local Court .Rules Committee
Judge Osgood O. Williams Chairman Superior Court Atlanta Judicial Circuit Atla nta
Jerry B. Blackstock At lanta Attorney
Judge William f. Blanks Su per io r Court Southwestern Judicial Circuit Americus
Ronald Barfield T ho maston Attorney
Judge W. G . Ell iott Superior Court Sou th ern Judicia l Circui t Va ldosta
George C. Grant Macon Attorney
Judge John f . H ard in Super ior C ourt Au gu sta Judi cial C ircu it Augusta
Judge Asa D. Kelley, Jr. Superior Court Dougherty Judi cial Circuit Alban y
Judge Walter C. McMillan, Jr. Superior Court Middle Judi cial C ircuit S a n d e rsvill e
Long Range Planning Committee
Judge Kenneth B. follow ill Chairman Stat e Co ur t of Mu scogee Co un ty Colu m bus
Judge Hal Bell Superior Court Macon Jud icial Ci rcuit Macon
Judge Marcu s B. Calhoun Superior Court Southern Judicial Circuit Thomasville
Robert L. Doss, Jr . D ir ector Administrative Office of the
Courts
Judge Joel J. fryer Superior Court Atlanta Judicial Circuit Atlanta
Judge Marion G ue ss, Jr. Probate Court of DeKal b County Decatur
Ju stice Robert H . Hall Supreme Court of Georgia Atlanta
W. Ste ll Hu ie Immediate Past President State Bar of Georgia Atlanta
Jud ge Dennis Jones Ju venile C ourt o f DeKalb County Decatur
Judge Harold L. Murphy Superior Cou rt Ta llapoosa Judicial Circuit Buchanan
Judge James B. O 'Connor Superior Court Oconee Judicial Circuit Eastman
Judge Re x R. Ruff Juvenile Cour t of Cobb Coun ty Marietta
Cubbedge Snow, Jr. Macon Attorney
Judge William K. Stanley, Jr. Probate C ourt o f Bibb C ounty Ma con
Jud ge Irwin W. Stolz, Jr. G eorgia C ourt of App eal s Atl anta
Judge G. Ernest Tidwell Superior C ourt Atl anta Judi cial C ircuit Atl ant a
Research and Published Studies
_
Th e Ad mini st ra tive O ff ice of the C ourts is cha rged by law with co mpiling sta tistica l and finan cial da ta and ot her infor ma tion on t he jud icial work o f the Courts and th eir rela ted offices. Thi s com pilatio n of basic dat a o n th e cou r ts ' wo rk for ms a vi ta l link in the process of ide ntifyi ng
th e ne ed s at th e co u r ts and is the founda tion fo r reco m me ndation s fo r improveme n ts in th e judicia l syste m .
Maki ng the re sults of the se s tudies of th e cou r ts availa ble is in te gra l to th e co mp ilation process so tha t informa tion on th e work of the co u r ts can be
used not o nly by the Ju dicial C ouncil/AOC and th e co u r ts th em selves to det ermine cu r ren t and projected needs, but also by va rio us plann ing a nd legis lative g ro u ps fo r inco rporat ing th e developing need s o f th e judi cial sys tem in to the ove rall gove rnme n t s t ruc t u re
23
Since the creation of the
Judicial Council/AOC in 1973, the primary rese arch effo r t has been the co llec tio n of cas eloa d data on the major co u r ts of
.. . under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
re cord in th e s ta te for the a n nua l
judgeship study. The Judicial
Compile statistical and financial data and other
Council eva lu ates th e da ta presented in th e judgesh ip s tudy and co nside rs ot he r fact ors bef ore making recommendat ion s
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.
to th e G eneral Assembly for th e
cre a tion o f addition al s upe rio r
court jud ge ships in circ u its
definition s we re developed and
The final volume of th e Georgia
demonstrating such a need.
approv ed by a committee chaired
Statewide Fa cilities Study and a
T he annua l judges hip s tudy
by Superior Court Judge James
manua l developed fro m this
include s s ta tist ics o n co u r t w ork-
B. O 'C onn or of th e O conee Judi-
s tudy , Facility Stalldard mId Design
load s for each circu it an d pr e-
cial Circuit. Also servi ng on this
Guideline, were published. Th is
se n ts th e su ppo r t pr ovided to th e
co m mi t tee we re Jud ge Walter C.
four-volume s tudy of court ho use
su pe rio r co u r ts by s ta te, prob at e
McM illan , [ r., Superior Court,
facilit ies inv e n to ries th e ph ysical
and ju venil e co u r ts.
Middle Judi cial C ir cu it , Sand ers-
conditions o f every courth ou se in
Data on th e judicial w orkload s
ville, wh o is th e adm in istrati ve
the state and makes recommen-
in the sta te were co llected by
judge for th e eighth jud icial
dations fo r th eir improvement.
AOC personnel throu gh s ta tis-
d ist rict , and Judge Asa D . Ke lley,
The fir st pa rt o f this study,
tics for fiscal yea r 1 9 7 6. How -
[r., Superi or C ourt, Dou gherty
relea sed in 1975 , po inted o u t
eve r, w it h th e im ple me n ta tio n of
Ju dicia l Circu it.
fun cti on al inadequacies in all but
th e Judi cial Ad mi nis tration Ac t
Th e co m mi ttee also ins t r uc te d
twenty-f our of the s ta te's 159
of 1 9 76 (see page 40 an d
th e AOC to co llect for th e first
cou rt hou se s.
Append ix Four), plan s were made
time dat a o n th e number and age
The Survey of Records Keeping ill
fo r t he district cou r t admin istra -
of cas es awaiting trial and open
Georgia Courts. the result of a
tors to count case s and conduct
case s. This data will be presented
two-year effort, examines the
int ervie w s with co u r t personn el
in a se pa ra te publish ed stu dy .
s ta t us of re cords mana gemen t in
in th eir district s a bo u t w he t he r a
In additio n to th e Fourth /um ua!
cou r t-re lated o ffices . The AO e
need ex ists fo r add itio na l judicia l
Report Regardillg tlie Need for A ddi-
w as ass is ted by judg es a nd per-
manpower. A se mi nar on the
tional Supl'rior Court judgeships ill
so n ne l o f clerks' offices and
case cou n ting pr ocedures fo r th e
Georgia. th e Jud icial C ouncil/
pr ob ate cou r t o ffices as we ll as
district admin istrators w as co n-
Admini strati ve Office of th e
by a rec ords management steer-
duc ted by the AOe. and an
Courts publi shed three ot her
ing commi t tee in producing this
instruction manual was a lso
s tu dies and revised o r de veloped
s u rvey . The AOC and law
pr ep ared .
se ve ral manu als a nd handbook s.
s tud en ts co llec te d a nd an alyzed
Revision s w ere mad e in th e
A s tudy in prepara tion a t th e end
th e dat a on th e records-k eeping
defin it ion s of te rmin ology used
of fiscal yea r 1977 presen ts a
pro cedures a nd pract ices o f the
in co u n ti ng cas e loa ds fo r f iscal
su m ma ry of caseloa d sta tis tics
pr ima ry co urts o f re cord in the
yea r 1977 to improve th e accu -
fo r th e five- year peri od from
s ta te.
ra cy of th e s ta t ist ics. Standard
1 9 71 to 1 9 76.
Th e Survey cites requireme nts
fo r re taini ng cer tai n records and
makes recomm endation s for
Facilities Stud y Steerin g C ommi ttee
redu cin g o r elim ina ting problems of reco rd ke ep ing . Th e Surt1ey not
Judge Marion T. Pope, cluurman Superior Court Blue Ridge Ju dicial Ci rcuit Ca nton
Judge Frank S. Cheatham, Jr. S uperior Cou rt Eas tern Judicia l Circ ui t Sava nna h
o nly pr esents th e current state of records keep ing in Georgia courts, but also makes specific recomme nda tions for improvement s in do cket design , record-
Judge Francis W. Allen State Court of Bulloch County Statesboro
J. C. Griswell Cl ayton C ounty Commissioner Forest Park
ing method s and filing systems (see page 26 ).
Th e Sur!'l'!' of Records Kel'pillS iden ti fied pro blem s in the
24
rec ords area. Th e Records Committ ee , in review ing th ese findings, developed th e fo llowi ng goa ls: to m a ke reco rd s keepi ng mo re eff icien t by e lim ina ti ng unn ecessar y reco rd s a nd redu cing pap er flo w; to redu ce o r eliminate record storage proble ms; to det ermin e eq ui pme n t needed for record keep ing; to evalu at e th e use fuln ess of record keeping to co u rts, at to rneys, lit igant s an d th e pub lic; a nd to desi gn records th at wo u ld coordinate with oth er record s of th e crimina l ju sti ce sys te m .
A Shor! Descriptio SllIdy of ilu: OfficI' of th }uslice of 1/'1' Pf'II Ct' ill Grorsin presents in form ati on o n the hi st ori cal de velopment of this off ice, th e lega l s truc tu re and th e duties and res po nsi bilit ies . Also included is informa tio n o n t he
jus tice s of th e peace th em selves - age, ge nder, occ u pa tion a nd method o f se lec tio n. Other in fo r ma tio n o n th e site of the co u r ts, fee s collec te d, availabilit y of th e Georgi Code and case load by typ e is included.
A m anual fo r t raffi c co u r t judges w as co m ple te d and published by th e AOe, a nd dev elop ment was begun o n th e Clerks' HnlIdbook. A sec tion o n jury man agem ent was co m ple ted , and developm ent was begun o n sec tio ns o n r ecords man agem en t and pr ocedures for a pplying for review of se n te nces. Revision o f the Prohn! Court }lIdSt'S Handbook. was also begun . Th e AO C co ntinu ed to pro vide new judges wit h civil and cr im ina l pattern jury instructi on s.
... under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties ...
Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation.
Technical Assistance
By necessit y so me of th e Jud icial Coun cil's recomm endat ion s for imp rov em e nt s to th e co u r ts system and t he administrat ion o f justice involve cha nges that m ay take yea rs to reali ze. How ever, many cu r re n t an d pr essin g n eeds of the courts ar e m et through
technical assis ta nce provide d by th e Admin ist rat ive Office of th e C ourts o n th e local and district lev e ls.
Th is tech n ical assis ta nce mak es ava ila ble to th e judicial sys te m se rvices w h ich wou ld not be feasi ble for local co u r ts to m ain-
ta in. Th e co u r ts , through th e AO e, sha re th e expe r tise o f specialis ts in records management, faciliti es, ju ry mana gement, informat ion sys te ms and othe r are as, wi thou t th e ex pe nse to eac h co u r t of fu nding a fullt im e position for se rv ices tha t
Court Information Sy stems Advisory Committee
Judge Reid Merritt, chnirman Superior Court G w in net t Jud icia l Circuit Law ren cevilie
Judge Kenneth B. Followill St at e C o u rt of Muscogee Co un ty Columbus
Judge Asa D. Kelley, Jr. Superior Court Dough er ty Judicial Circuit i'- Alban y
Judge John S. Langford, Jr.
~u pe rio r Cou rt
Atlanta Judicia l Circuit ~tlanta
Judge Walter C. McMillan, Jr. S upe rio r Co urt Midd le Judicial Circuit Sandersville
Joe B. Mundy C lerk of th e S uperio r Cour t C lay to n Cou n ty Jo nesboro
Dave Ridgeway Cle rk of the Superior Court Bu tts Coun ty Jack s on
Cubbedge Snow, Jr. Macon Attorney
Jack E. Thompson Cou r t Ad m inis trator Atlanta Judicial C ircu it Atlanta
Judge Curtis V. Tillman Superior Court S to ne Mount ain Judicial Ci rcu it Deca tu r
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are needed infrequently by an ind ividua l cou r t.
By providing tech nica l assi sta nce a nd o ther su ppo r t to co u r ts , the Adminis trat ive Office of the C ourts fu lfills its st atutory responsibilit y to cons u lt with, assis t and provide requ est ed se rv ices to judg es and ot he r cou r t per sonnel and to st u dy a nd recommend improve me n ts in the ad min ist ra tive a nd bu siness methods a nd sys te ms o f co u r trelated offices.
T he AOe's mos t far-rea ching activi ty in the area of records management du ring fiscal year 1977 wa s the developm ent and implementation of model docket books for the su per ior, s ta te, probate and juve n ile co u r ts. Charged by law with th e re sp onsibility o f examin ing th e dockets, the AOC co n tact ed courts in 101 counties to introduce th e model docket books with orders resu lting for 226 model docket books, at least o ne in eig hty-seven counties (see map , page 30).
These model docket bo ok s were de veloped by a co m m itt ee of jud ge s a nd clerks of the su pe r io r, st a te, probate a nd juvenile cou r ts ; records man agem ent specialists; a cou r t ad min is t ra to r; and a sta tis tics s pecialist. Th e dockets are de signed to reduce com mo n reco rds-kee ping problem s and in t roduce a degree of uniformity to the records and records-keep ing pr ocedures in Georgia co u r ts .
The de sign o f th e preprinted dockets h elp s e ns u re rap id, leg ible entries of essen tial case info rmation . Th e s ta nda rd size, format and in format ion ca tego ries of th e model docket s sim plifies their use by t h e public and attorn eys as well as by cou r t personnel.
The mod el docket s pro gram address ed t he lack of uni form ity o f co u r t records a nd recordske ep ing pract ices as po int ed ou t in th e Surpey of Records Keepillg ill Georgia Courts. Funded by a n
Records Management Steering Committee
A. K. Johnson, chairman Exec u t ive D irecto r Georgia Com missio n for th e
Nat ion al Bicen ten nial C eleb rat ion Atla nta
Sara Ellis Taylor, pice cluiirman Clerk of the Superior Court H enry Coun ty M cD on ough
Judge Asa D. Kelley, Jr. Superi or C ourt Dou gherty Ju dicial Ci rcu it Alba ny
Edgar W. Manseau Deputy D ir ecto r of Operations Georgia Crime Information Center At lanta
Judge Dorothy A. Robinson Stat e C ourt of Co bb C ou n ty
W. A. "Short" Cole Cl erk of t he Su perior Cou r t C he ro kee Cou n ty Ca n to n
M ar ietta
Judge Rex R. Ruff Ju venile C ourt of Cobb C ount y M arietta
Col. John Dunn Records M an agem e n t Division Georgia Department of Archives
and H is tor y
Francis Taillefer Natio nal Ce nter for State Courts So utheastern Regio nal Office Atlanta
Atlanta
Judge Marion Guess, Jr . Prob at e Court of D eKalb County Decatur
Jack E. Thompson Court Admi nistrato r A tlanta Ju dicial Circui t Atl anta
Chris Herndon D irector Cri me St at ist ics D at a Center Atla nta
Martha Ann Watson C le rk of th e Pro ba te C ou r t Cobb Cou n ty Marietta
LEAA gra n t, the program provide d the fir st dock et book a nd instruction manu al o n its use at no cos t to th e court. Add ition al vo lu mes cost about $70, a savings of more than half of th e cos t o f th e bound docket book s presently in use in man y cou n ties . Th ese bound docket s u su ally cost fro m $150 to $300. Fo r eac h co urt im pleme n ti ng th e mod el docket s, th e AG C prepared a report ou tlini ng th a t co u rt's reco rd s- keeping pro cedu res a nd recommend in g improv em e nts.
Ot her activ ities in thi s a rea include d th e developm ent of a sec tion o n recor ds man agem ent fo r th e Cterk's Handhook. Addres sing the needs of specific courts, ot her ass ista nce was provided in conso lidati ng records, reorgan izing space, developi ng local
records ret ention and destruct ion sc he du les a nd using micr o film for court record s.
Ass ista nce in the area o f facilitie s improvem ent s wa s ex panded during fisca l ye a r 1977. Ju st bef ore th e s ta r t o f th e fiscal yea r, th e AO C e m ploye d a n archi tec t to se rve as facilities cons u lta n t to th e co urts.
Th e impe t us fo r ex pa nd ed se rvices in facilit ies im prove me nt ca me fro m th e findi ngs of the Georgia Slah'wide Fatilitie Siudy, the final vo lu me of w hic h was pub lish ed in fiscal ye a r 197 7 . This s tudy foresh adow ed th e man y requ est s for as sis ta nce in th is a rea .
T hi r ty- five co u n ties received AOC assis tance in faci litie s im pro vem ents (see map , page 29 ). This techn ical assistan ce va rie d fro m th e pr ep a ra tion of
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com pre he nsive s tudies of particular court houses to th e development o f prog ra ms for const ruction to technical advice to a rc h itect s an d co u n ties o n co ns t r uction. In seve ra l cases, t his tech n ical assis tance mean t th at cou n t ies met techn ical requ irements for receivi ng federal fu nds und er t he Economic Develop ment Act (ED A) w hic h fina nced th e improvem ents to th e cour thouse faci lities at no cos t to th e state or coun ty . Th e AOC pr ovided techn ical assis ta nce to cou r tho use im prove me n t projec ts which represen t cons truction cos ts of almos t $19 million in local, sta te a nd fede ra l (EDA) funds.
Whe re possib le, plans for imp roving a nd mod erni zin g t he phy sical facilit ies we re coord inat ed wi t h th e space need s fo r records keep ing and jury man agem ent.
Th e AOC also prov ided ass istan ce to cou r ts in th e area of au to ma ted in for ma tio n sys tems. Durin g th e past year th e AO e. with LEAA fu nding , develope d a mod el for a St at ew ide Judicial Inform at io n Sys te m (SJIS) and pro vided techn ical ass ista nce to seve ra l cou n ties co nside ring adop tion of th is system as well as to cou n ties developing th eir own au to ma te d info r ma tio n syst em s (see map, page 31 ).
Info rm at io n o n th e fea sibili ty of impleme n ting a n a u to ma ted data sys te m for th e cour ts of th e sta te was provided through the SUS pro ject. The goa l of th e project , in opera tion duri ng the past tw o yea rs, was to deve lop mod els from which pr edi ctio ns relat ing to s ta tew ide application could be made.
An a u to ma ted sys te m in th e single-count y Dou gh ert y Judicial Circu it and a manua l sys te m in the five-county Blue Ridge Ju dicial Circu it w er e te stin g sites of computer-based appli cati on s for th e courts sy s te m. . Th e au to mated sys te m Involved retention o f all su pe r io r
cou r t cri mina l case da ta th rou gh th e use of a compute r term inal in t he record r oom in th e clerk's o ffice . Th e manu al sys te m involved the co llectio n o f case data a t key poi nts in t he case process th roug h th e use of co mp re hens ive case forms.
A t t he comp let ion of th is project, the AOC wi ll h ave va lua ble infor ma tio n o n th e Feasibility of ap plying com pu ter technology a nd data systems to th e courts .
Ad vice on au to ma te d ju ro r sys te ms was a part of th e assis tance provided by t he AO C in th e area of jury managem e nt. O th er techn ical ass ista nce was pro vided to increase t he efficien t use of ju ro rs and to decrease the overa ll cos t to th e co u n ties of jury trials (see map , page 3 1) .
Th e pr ocedures, practices and problems of jury manage men t are addressed in a sec t ion prepar ed for th e Clerks' Hal/dbook. Th is section exa mines th e area of jury man age men t in genera l and review s th e legal fra mewo rk, cites cu rre n t pr obl em s in th e system and prese nts ge neral rul es. of good ju ro r usage. T he objec tive of th is sec tio n is to improve th e curre nt syste m by
assis ti ng local cou n ties in reducing th e n um ber of jurors a nd juro r hours, th e a mo u n t of tim e an d mon ey spe n t ope ra ti ng th e sys te m a nd the amo un t of ti me judges a nd jurors spend wai ti ng fo r t ria ls to sta r t.
Sp ecific as sistan ce in improving one cou n ty's ju ry man ageme nt syste m was pro vided by th e Adm inis t ra tive Office of the C ourts to th e Mu scogee County cour ts . A t th e requ es t of local judges and court personn el, th e AOC mad e a th ree-month st udy of th e Mu scoge e ju ry sys te m and made recommenda t ions fo r red uc ing the number of ju ro rs and th e amo u n t o f idle juror time a nd th ereb y pr oducin g a savi ngs fo r the co u nty.
T he jury pooling sys tem de sign ed for th e multi-judge , mult i-court syste m- t he coun ty has t hree t rial co urts, a sta te court and a municipal cou r t and eno ug h co u r t roo ms fo r five simul taneous tr ials- w as imp leme n ted by th e co ur t system wit h a project ed savi ngs o f so me $75,00 0 an n ua lly af ter th e first year of opera tion.
T he AOC also se rved in a n adviso ry ca pacity in the develop men t of a film on th e g ra n d ju ry
Records Retention and Destruction Schedule Committee
Judge Marvin A. Miller, chairman Superior C ou rt Cla yt on Judi cial C ircu it Jo n e s b o ro
Thomas S. Bachelor Cl erk of th e Super ior C ourt Walt on C ount y Monroe
Judge H. M. Crane, Jr. Ju venile Cou r t of Bartow C ounty C art ersvill e
Wanda T. Craven Cl erk of th e Ju ven ile C ou r t Cobb County M ari etta
Judge P. Harris Hines Stat e Court of C obb County Marietta
Joe B. Mundy Clerk of th e Superior Court Cl ayt on C ounty Jonesboro
Martha Ann Watson Cl erk of the Stat e C ourt Cobb County Marietta
Judge James F. White Prob at e Court o f Fayette C ount y F a y e t t e v ille
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process in Georgia. The film , Gralld [ur: Conscience of the ( 011111111 lIily. was produced by t he Institute of Communit y and Area Development of th e University of Georgia and is intended as a n orienta tion too l for new ly selected grand jurors who have never befo re served in th a t ca pacity.
Question naires to survey jury management pract ices throu ghout the sta te were developed. Superior court clerks will be asked to provide information on drawing and s u m moni ng ju ro rs , juror orientation and compensation and other related matters. Judge s will be asked for suggestion s for improvem ents in
Jury Management Committee
Judge Kenneth B. Followill St at e Cou r t of Mu scogee Co u nty Columbus
Judge James B. O'Connor Super io r C ourt Oconee Judicial C ircuit East ma n
current procedures. Other ass istance in improvin g
the systems of th e courts included th e de vel opm ent o f a warrant tra ckin g sys te m in Coffee C ounty. Th e AOC es ta b-
Iished a traffic cou r t lending library and wo rked with traffic court jud ges in improvin g the rep ortin g o f traffic viola tions to th e Department of Publi c Safet y o n th e Un iform Tra ffic Citat ion Form. Th e AOC also assist ed traffic co u r ts in th e es ta blishment o f sch ool s for person s convic te d o f dri ving und er th e influ en ce o f alcoho l (D UI schoo ls-see map, pag e 31 ). Small claims co u r t jud ges we re assis te d by th e AGC in es ta blishing a n associa tio n, and technical assis ta nce in s ho r t- ra nge pr o jects w as pr ovid ed by th e AOC a t the re ques t of local cou r ts .
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Technical Assistance-Facilities Improvements
A. Comprehensive studies
Programs for construction Technical advice to architect or
county on construction problem
Technical Assistance-Records Management
5 N umber of model docket books ins ta lled
Other technica l assistance in records keeping
I GEORG IA
DECATUR GRADY
THOMAS
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Other Technical Assistance
SJIS technical assistance .. Probate court automated
technical assistance ~ Automated jury technical assistance Assistance in establishing DUI schools .. Jury management technical assistance
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TheAOC at a Glance
Administrative Districts
Accomplished to Date: Assisted the judges in implementation of the Judicial Administration Act of 1976. Assisted in the hiring of district court administrators in the administrative districts (processed more than 750 applications for these positions). Hired a district court administrators coordinator. Obtained and administered a grant funding the district system. Provided an orientation session for the district administrators. Provided a comprehensive, week-long training session via the Institute for Court Management. Continued to work with the administrative judges who have not yet hired court administrators. Assisted administrators in determining and conducting projects. Coordinated several administrative district meetings and activities. Provided two-day training session for case counting.
In Progress: Provide support to Administrative Districts. Coordinate efforts in collecting and compiling caseload data. Monthly meetings with district court administrators at AOe.
Work with district court administrators to improve county law libraries.
Work with district court administrators in caseflow management and case counting.
Evaluate effectiveness of district court administration project.
To Be Accomplished: Continue to provide support to districts. Continue monthly meetings. Encourage hiring of district court administrator in Fourth Judicial District.
_
Communications
Accomplished to Date: Issued five Georgia Courts Journals. Issued one Annual Report. Issued seventy news releases. Assisted in preparation of five speeches. Issued Georgia Courts Directory. Developed public information booth on Judicial Council/AOe. Published information brochure about the Judicial Council/AOe. Coordinated 115 printing projects for AOe. Helped coordinate Law Day activities in the state.
In Progress: Publication of Georgia Courts Journal. Issuance of press releases on activities of Judicial Council/AOe. Provide information about Judicial Council/AOC.
To Be Accomplished: Georgia Courts Directory for 1978. Continue publication of Georgia Courts Journal. Continue public dissemination of judicial information through press releases.
Court Reporting
Accomplished to Date: Administered two certification tests for court reporters. Distributed copies of the Fee Schedule for Court Reporters to judicial personnel. Revoked twenty-nine permits for failure to renew. Placed a forty-five day deadline on returning applications for certification after receiving notification of passing test. Issued two formal opinions on court reporting rules and regulations. Put into effect the $15 charge on each issue of temporary certification permit, effective February 1, 1977. Certified a total of 348 court reporters.
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Established the Georgia Certified Court Reporters Association.
Issued certificates to court reporters passing September 1977 test.
In Progress: Review and improve certification test itself.
Maintain referral service for certified court reporters.
To Be Accomplished: Revision and publication of rules and formal opinions of Board of Court Reporting.
Continue testing and certification of court reporters.
Education
Accomplished to Date:
Planned and implemented fourteen educational seminars:
Two superior court judges seminars;
One bench and bar conference; One juvenile court judges
seminar; Four traffic court judges seminars; One superior court clerks
seminar; One state trial court judges and
solicitors seminar; One judges of the probate court
seminar; One justice of the peace seminar
(provided funds for publications only); One new superior and state court judges orientation; One probation officers of independent probation systems seminar.
Established the Judicial College of Georgia and named a board of trustees.
Conducted a detailed analysis on the cost of educational seminars in the last year and the cost of out-of-state training.
In Progress: Planning, scheduling educational seminars for calendar year 1978.
Work with Judicial College in developing comprehensive training program.
To Be Accomplished: Develop comprehensive training program with Judicial College.
Facilities
Technical assistance to thirty-five counties which involved renovations and construction totaling $18.975 million and categorized as follows: Three major planning studies; Nine EDA financial planning efforts; Twenty-three architectural assistance projects.
Responded to more than two hundred requests for copies of the State Facilities Study.
Published a public relations pamphlet on the Statewide Facilities Study.
Assisted in ICLE-sponsored national effort for statewide accreditation of all courthouses.
Planned for an allocation program with EDA monies specifically for courthouses.
Developed inter-agency staff review process with state Historic Preservation Department.
Initiated development of a regionalization feasibility study.
In Progress:
Continued technical assistance to local courts.
Update inventory. Implement masterplan.
To Be Accomplished:
Technical assistance. Update inventory. Implement masterplan.
Grants
Accomplished to Date: Administered thirteen block and discretionary grants from the Law Enforcement Assistance Administration. Administered two grants from the Office of Highway Safety.
Applied for five new grants for fiscal year 1978 (four were approved for funding).
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In Progress: Assist local courts in grant application and administration.
Administer LEAA grants for district court administrators.
Continue as fiscal officer for Judicial Qualifications Commission, Council of Juvenile Court Judges and Sentence Review Panel.
Work with Judicial Planning Committee in developing funding sources.
To Be Accomplished: Further grant administration.
Continued assistance to local courts in grant applications.
Information Systems
Accomplished to Date: Operated criminal sub-system pilot program in Dougherty County and manual version in the Blue Ridge Judicial Circuit (this involved tracking 913 cases and 3,416 people including witnesses, plaintiffs, attorneys, defendants, judges, and other persons involved).
Completed criminal sub-system development model for the state.
Completed state-level implementation plan which projected the cost to operate the SJIS system statewide.
Completed statewide operations requirement analysis for each agency to implement the criminal sub-system.
Designed files for storage for all caseload data dating back to 1973 for the major courts of record and produced 404-page caseload master file printout.
Maintained names and addresses of almost 3,000 persons and generated some 60,000 address labels for mailing.
Assisted in the printing of the Georgia Courts Directory.
Provided two case disposition reports to the Georgia Crime Information Center (included 512 defender units).
Produced the first summary reports for the Dougherty Test Project (this includes filings and the number of counts by offense types, comparisons of ages of defendants).
Conducted on-site assessments of nine counties developing their own information systems.
Provided technical assistance to seven counties which are developing some kind of automation within their courts (jury systems, probate judges, arrests, booking, etc.).
Coordinated the model records project with future automation needs.
Worked with the juvenile courts on development of a juvenile justice information system.
In Progress: Change from in-house computer to leased time arrangement.
Provide assistance to local courts in development of computer applications.
To Be Accomplished: Continue technical assistance.
Juries
Accomplished To Date: Completed the Jury Management Manual of the Clerks' Handbook.
Devised a jury-pooling system for Muscogee County; they have conducted studies regarding establishment of computerized jury selection system in Albany.
Conducted short-range studies in jury management for DeKalb, Chatham, Fulton, Long, Tattnall and Dougherty counties.
In Progress: Implement Albany jury management project.
Short-range jury management projects. Plan for recommending legislation in jury
management area.
Administer jury questionnaires through district court administrators for statewide information on policies, procedures and mechanics of jury management.
To Be Accomplished: Continue technical assistance. Recommend legislation in jury management area.
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Juvenile Justice
Accomplished to Date: Assisted in implementation of fifty-nine juvenile court docketing systems. Completed the four volumes of juvenile justice Masterplan and held a conference regarding that masterplan. Assisted the Judicial Liaison Committee. Began development of a profile and qualifications survey of juvenile court judges. Endorsed six legislative measures (one passed); recommended against passage of one piece of legislation. Developed model for juvenile justice information system. Provided technical assistance to the Muscogee County Juvenile Court in the caseflow area.
In Progress: Implement Masterplan. Implement model docket system.
To Be Accomplished: Continue to implement Masterplan. Continue to implement model docket system.
legal Services
Accomplished to Date: Continued operation and coordination of the Superior Court Judges' Pool. Issued several legal opinions regarding such issues as habeas corpus and use of senior judges for research projects. Supervising revision of the Probate judges Handbook. Checked legal sufficiency of the jury Management Manual. Issued an opinion on techniques of voir dire. Assisted Judicial Article Committee on revision.
While many of the projects of the AOe are by their nature in the legal services area, the AOe is now receiving primary legal advice and guidance from the Attorney General's Office.
legislation
Accomplished to Date: Held Judicial Legislative Conference at Callaway Gardens.
Tracked legislation during 1977 Session of the General Assembly.
Produced weekly issues of the Legislative Log during the 1977 General Assembly session.
Assisted the judges in drafting bills for introduction during 1977 session.
Recommended the addition of ten new superior court judgeships, eight of which were created.
Began compiling a budget for some of the courts in the state.
Passage of a salary bill providing for increases for secretaries to superior court judges and district attorneys.
In Progress: Drafting of legislation in these areas: To provide additional compensation for judges. To provide for one law clerk for each superior court judge.
To create the Judicial Collegeof Georgia. To clarify training reimbursement for judges. To provide for secretarial support for active senior judges. To provide for court reporters at state expense for active senior judges.
To provide for inclusion of superior court judges in GIST system at state expense.
To Be Accomplished: Continue legislative tracking. Recommendations for changes in legislation.
Continue production of weekly Legislative Log during legislative sessions.
Planning
Accomplished to Date: Screened all major reports issued in recent years and compiled their major recommendations regarding court systems.
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Worked with the Long-Range Planning Committee in devising a summary of the twelve major planning goals to be accomplished in the future in Georgia's judicial system.
Spent last summer and fall following legislation regarding the creation of the Judicial Planning Committee OPC}
Followed passage of the JPC legislation included in the LEAA authorization, attended Kansas City meeting for explanation of the act.
Requested an opinion from LEAA regarding who is authorized to name the JPe.
JPC met twice in the springtime.
Reviewed the 1978 plan and applications for funds on the 1977 plan.
Increased judicial representation on the. State Crime Commission to 20 percent.
In Progress: Work with JPe. Publication and distribution of goals developed by Long-Range Planning Committee.
Develop roles of various planning agencies.
To Be Accomplished: Continue work with JPe.
Records
Accomplished to Date: Since the beginning of the model dockets project, a total of 230 courts in 105 counties have been contacted and 222 docket books have been ordered or implemented.
In each court in which model dockets were introduced, performed major management survey of clerks' operation and delivered written report to each clerk on suggested improvements.
Technical assistance in such areas as microfilming, filing and numbering systems, records storage, and other areas was given to four localities (Albany, DeKalb County, Mcintosh County and Fulton County).
Development begun on the records section for the Clerks' Handbook.
Work was initiated on records retention and destruction schedules.
In Progress: Draft legislation establishing committee of members of judiciary to review retention and destruction schedules for court records.
Implement model dockets system.
To Be Accomplished: Continue implementing model dockets system.
Legislation for judicial committee to review records retention schedules.
Research
Accomplished to Date: Conducted first statewide study regarding the need for additional Superior Court manpower.
Completely revised case counting methodology for 1978 caseload judgeship study.
Answered over one hundred technical assistance requests for caseload and salary data, budget information and other information currently on file in the Administrative Office.
Completed the Case/oad Executive Summary which compares three years of caseload and other information on Georgia major courts of record.
Entered the caseload master file on the computer so that printouts on caseload by county or court can be sent out on request.
Assisted small claims court judges in establishing association.
In Progress: Study showing ages of cases awaiting trial.
Annual Judgeship Study. Salary survey of superior, state and
probate judges and clerks of court.
To Be Accomplished: Coordinate caseload counting with the district court administrators.
Personnel study of court system.
Traffic
Accomplished to Date: Completed and distributed the Traffic Court Judges' Manual to more than five hundred traffic court judges.
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Held four traHic court seminars with a total of 122 judges attending.
Endorsed the Uniform Traffic Court Procedures Bill, labeled House Bill 188, which was on the General Calendar of the House at the close of the 1977 General Assembly.
Assisted nine counties and one judicial circuit in the establishment of DUI programs.
Worked on improving reporting of traHic convictions on the Uniform Traffic Citation Form.
Worked with the Office of Highway Safety regarding the possibility of expanding AOe's traffic division in order to provide technical assistance to traffic courts all over the state.
In Progress: Grant for traHic court program outlined. Recruiting new traffic court specialist. Develop traffic court training program.
To Be Accomplished: Continue development and implementation of traffic court training program.
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TIle implemeniution of fh e Judicial /vdministratio n Act of 1976 durillg the pas! yea r brouglrf a llew structure to fh e courts sysfem of Georgia. District court administrators keep fabs on fh e current all d developing needs of fh e courts toiihin iheir districts alld prov ide liaison to resources and services fo meet these needs.
The Districts
The implementation of the Judicial Administration Act of 1976 during the last fiscal year provided a framework for increased responsiveness to the administrative needs of local courts. (See Appendix Four for Act.)
The system of district councils, administrative judges and court administrators forms a structure for coordinating the current and emerging needs of the courts with the resources and services available within the district, through the Administrative Office of the Courts and from other sources, such as funding from the Law Enforcement Assistance Administration or the Economic Development Administration.
The district system, in effect, links the individual courts with the services and resources available on the state level. While the district council, the administrative judge and the court administrator identify and seek solutions to problems of the courts in each district, the Administrative Office of the Courts makes available technical assistance, conducts system-wide studies and otherwise focuses its activities primarily on the needs of the entire judicial system, with specific aid provided to local courts on request.
The district system was designed to help speed up the work of the courts, equalize workloads from circuit to circuit and bring more uniformity to the court system.
The Judicial Administration Act, part of the Governor's legislative package for 1976, was recommended to him by the Commission on. Court Organization and Structure. Although the Act was passed that year by the General Assembly, no funds were appropriated for financing the system.
At the request of the Governor, the Judicial Council/AOC applied for and received a grant from the Law Enforcement Assistance Administration, awarded through the State Crime Commission, to finance the newly created judicial administrative system for the first two years.
The act created ten judicial administrative districts, which are roughly equivalent to the state's congressional districts; however, judicial circuit boundaries were kept intact. The act provides for district councils composed of all superior court judges in the district. Each council elects an administrative judge to serve for a twoyear term. The act provides for a full-time assistant to the administrative judge, to serve as court administrator for the district.
The AOC assisted the administrative judges in employing the district court administrators and coordinated two orientation sessions, one
_
conducted by the Institute for Court Management, for these new court personnel. The Administrative Office of the Courts, through its staff coordinator for district court administrators and by monthly meetings with these court administrators, provided assistance in establishing this program on a firm foundation.
The district court administrators act on the direction of the administrative judges and concentrate on particular problems identified by the district councils, the administrative judges, the Judicial Council and the AOe. During their first year, the court administrators were involved in a wide range of activities-from budgeting for courts to planning for renovation of courthouse facilities -as the conditions in their districts dictated.
The district system provides important liaison between the Judicial Council/AOC and the local systems. District court administrators have assisted the AOC by gathering caseload statistics, keeping the inventory of courthouse facilities up to date and assisting with the introduction and implementation of model docket books.
Judge Hal Bell, Macon superior court judge and administrative judge for the third judicial administrative district, served as chairman of the council of the ten administrative judges. A former chairman of the Judicial Council, Judge Bell led the council in determining the initial direction for the system.
The ten districts range in size from one to twenty-seven counties, and their individual needs are reflected in the diverse activities of the court administrators during fiscal year 1977. Although the district court administrators have responsibilities in common, certain functions are emphasized in response to local conditions.
Following is a summary of the major activities of the district court administrators in each district from the time the program became fully operational until the end of fiscal year 1977. Setting up their offices and making initial contacts with court personnel in their districts were the first tasks of the court administrators.
Note: the following summaries of the activities ofthedistrict court administrators actually represent a period of about six months, as the court administrators were notemployed until about halfway into the fiscal year.
40
Judicial Administrative Districts
T QMAS
41
District One: Atlantic, Brunswick, Eastern, Ogeechee and Waycross judicial circuits (twenty-two counties)
Headquarters: Savannah Administrative Judge: Judge Dunbar Harrison District Court Administrator: Michael S. deVegter
Budgets and funding for courts programs were areas of emphasis in district one. The court administrator collected personnel and financial data from each county as a preliminary step in providing budgeting assistance. A budget for the superior court and district attorney's office for the Atlantic Judicial Circuit was completed. He also prepared a separate budget for the Liberty County Superior Court clerk. The court administrator began seeking LEAA funding for a law clerk position in that circuit and assisted in obtaining funding for the public defender program in the Atlantic circuit.
The court administrator assisted the AOC in implementing model dockets in Liberty, Long and Mclntosh counties.
Assistance in the revision of jury selection procedures in Long County was provided by the court administrator. Population statistics to be used in jury box revision were distributed to all the counties in the district.
The court administrator drafted and distributed by-laws for the Liberty County Law Library trustees. He provided research assistance to the Atlantic Judicial Circuit in revising the court rules and preparing them for distribution to members of the bar and court personnel.
The court administrator worked with the new superior court judge in the Atlantic circuit in preparing trial calendars for his initial terms of court. He also assisted the AOC on courthouse renovation projects within his district.
He assisted in notifying the judges of the first district of new services available from the new HEW-funded forensic services program which offers on-site psychiatric examinations, at no charge to the counties, to those criminal defendants referred to the program by the courts.
District Two: Alapaha, Dougherty, Pataula, South Georgia, Southern and Tifton judicial circuits (twenty-seven counties)
Headquarters: Valdosta Administrative Judge: Judge Marcus B. Calhoun District Court Administrator: Roger E. Douglas
The court administrator in district two worked with the AOC in introducing and installing model docket books in several counties during the last
fiscal year. A program to expedite and aid indigent cases in Lowndes County-which carries threefourths of the criminal caseload in the Southern Judicial Circuit-was coordinated by the court administrator.
Other administrative assistance provided by the court administrator during this first year of operation of the judicial administrative district system included aid in the revision of the jury list in Thomas and Lowndes counties.
The court administrator also filed an application for a public defender in the Alapaha Judicial Circuit. He obtained a law clerk to work in the Southern Judicial Circuit.
District Three: Chattahoochee, Houston, Macon and Southwestern judicial circuits (sixteen counties)
Headquarters: Macon Administrative Judge: Judge Hal Bell District Court Administrator: David L. Ratley
An exhaustive court facilities study in Bibb County was a major activity of the district court administrator in district three during fiscal year 1977. The project included liaison with the local government, long-range space planning for current facilities, on-going renovation of an existing structure and planning for a new courthouse annex and expanded judicial facilities to be financed by federal funds. The court administrator also worked with the AOC and coordinated AOC technical assistance in the facilities area with judicial personnel in his district.
Mechanization of the jury selection process in the district was another activity of the court administrator. Development was begun on circuitwide budgets, and a budget for the Bibb Superior Court was completed. A new security system was also developed for the Bibb court.
Other activities included law library management and planning for local information systems and pre-indictment release programs. Grants were secured for improvements for the indigent defense programs in the Macon and Southwestern judicial circuits.
The court administrator prepared a Personnel Policy and Procedure Manual for the Macon Judicial Circuit. He appeared before several grand juries to discuss matters of local interest in the area of judicial administration. He also served on a technical assistance team for the National District Attorneys' Association on a project in Bibb County. A feasibility study regarding the establishment of a state court for Peach County was conducted by the district court administrator.
42
District Four: Stone Mountain Judicial Circuit (two counties)
Headquarters: Decatur Administrative Judge: Judge Clarence L. Peeler, Jr. District Court Administrator: (position vacant)
District Five: Atlanta Judicial Circuit (one county) Headquarters: Atlanta Administrative Judge: Judge Sam P. McKenzie District Court Administrator: Ronald Owens"
Improvements in jury management practices and procedures were coordinated by the district court administrator in district five. An instruction manual for an automated jury selection and summons system was prepared for the jury clerk's office. Collection of several types of juror-usage statistics was begun. Following a feasibility study, plans were developed for implementation of a juror code-a-phone system, designed to balance the number of jurors serving each day with the actual needs of the court. Also in this area, the court administrator began a feasibility study of a jury orientation film. The fifth district was the first in the state to automatically choose and summon jurors by computer.
The court administrator also worked with the pretrial release program to tighten security by improving the paperflow procedures and contents.
District Six: Clayton, Coweta, Flint and Griffin judicial circuits (fourteen counties)
Headquarters: Griffin Administrative Judge: Judge Andrew J. Whalen, Jr. District Court Administrator: Fred A. Roney**
District Seven: Cherokee, Cobb, Lookout Mountain, Rome and Tallapoosa judicial circuits (twelve counties)
Headquarters: Cartersville Administrative Judge: Judge Jefferson L. Davis District Court Administrator: Gerard P. Verzaal
Budgets for courts, surveys of jury management practices and improvements to court facilities were areas of activity for the district court administrator in district seven during fiscal year 1977.
The court administrator worked closely with the Coosa Valley Criminal Justice Planner and the Atlanta Region Planner to secure federal funding for the courts and court-related programs. He represented the courts in planning for the allocation of local federal funding in the future. Applications for federal funds were submitted by the court administrator to finance necessary support services for senior judges who were holding court in the district.
Data for a study of the budgets for courts was collected by the court administrator, and a survey was made of juror usage and jury management procedures in the Rome Judicial Circuit.
In the facilities area, the court administrator served as liaison between the AOe's facilities consultant and court and county personnel in Floyd County. The AOC provided technical assistance to the county in planning for the renovation of the old post office in Rome which the county had acquired. Latest concepts in jury usage, safety of court officers and the public and security of litigants were incorporated into the renovation plans. The renovation, which will provide for the county an efficient and suitable courthouse at minimal cost, is expected to be completed this spring.
The court administrator assisted in the temporary reassignments of judicial manpower to handle the cases of judges who became ill or were disqualified. He worked with clerks who frequently reported problems of critically short space for records storage.
In the area of education, the court administrator made application for a superior court judge to attend the National College of the State Judiciary and secured funding to offset the cost of tuition, travel and lodging for the month-long training.
The district council-the superior court judges of the district-voted to include as members of the district council the senior judges and appellate court judges.
District Eight: Cordele, Dublin, Middle, Ocmulgee and Oconee judicial circuits (twenty-seven counties)
Headquarters: Dublin Administrative Judge: Judge Walter C. McMillan, Jr. District Court Administrator: Jack L. Bean
Court budgets received emphasis in district eight with the court administrator completing court budgets for four of the district's five circuits. The
*Owens is an assistant to Jack Thompson, court administrator of Fulton County Superior Court, whose position existed prior to the Judicial Administration Act.
**Roney was employed after the end of fiscal year 1977.
43
budget for the fifth circuit was pending approval at the end of the fiscal year. These budgets represent the first budgets prepared for the superior courts on a circuit-wide basis.
Other budgetary matters included the preparation of applications for federal grants to provide for law clerks. The court administrator also surveyed the counties in the district to determine which had applied for funds for judicial facility renovation or construction in 1976 under the local public works project of the Economic Development Act.
The court administrator studied the Ocmulgee Judicial Circuit to determine whether some terms of court could be deleted in some counties and added in others. Pooling of judicial manpower in the eighth district enabled the administrative judge to assign judges to circuits where they were most needed.
The court administrator also set up two law libraries in the Cordele Judicial Circuit. He researched and helped implement a juvenile court system in Crisp County.
District Nine: Blue Ridge, Conasauga, Gwinnett, Mountain and Northeastern judicial circuits (seventeen counties)
Headquarters: Dalton Administrative Judge: Judge Robert Vining, Jr. District Court Administrator: Burton W. Butler
Summarizing and disseminating information on legislation for the judges and court clerks in district nine was one of the first tasks of the court administrator there.
He assisted in preparing grants for additional court personnel (law clerks and/or assistant court reporters) in four of the five circuits in his district. A working paper was drafted by the court administrator for an indigent defense system and forwarded to the Judicial Planning Committee.
The court administrator also designed several forms for the pretrial release and diversion staff in the Blue Ridge Judicial Circuit-a jail sheet, monthly report form and a tracking card.
Assistance in the area of juvenile justice included determining what resources were available for providing 24-hour on-call intake officers and the adequacy of facilities for status offenders.
District Ten: Alcovy, Augusta, Northern, Piedmont, Toombs and Western judicial circuits (twenty-one counties)
Headquarters: Augusta Administrative Judge: Judge John F. Hardin District Court Administrator: Thomas L. Hodges, I1I*
The activities of the court administrator in . district ten reached into several areas-budgeting, indigent defense programs, jury management and others.
The court administrator assisted the administrative judge with preparation of a budget for the Child Support Recovery Unit. Information on appointments of counsel for indigent defendants and constitutional array of juries was also collected.
A survey of grant applications for public works funds facilities improvements was conducted. The development of a law library was another area of activity for the court administrator.
Assistance was provided for a seminar for traffic court judges sponsored by the AOe. The court administrator attempted to identify all judges in the district who hear traffic cases and to locate a site for the seminar.
The court administrator worked with superior court clerks to provide information to them on pending legislation during the session of the General Assembly and to assist the clerks with preparation of monthly caseload reporting forms.
"Leon Barfield currently serves as court administrator in this district. 44
Increasing workloads of the cou rts are illitially met by improoemenis to court operaiions and dministraiion: excessively heavy caseloads may indicate the need for additiona! judicial manpoioer. During [isca ! year 19 7 7, eigh! addiiiona! superior court judges hips were created hy the Genera! Assemhly, UpOIl the recommendation of the Judicial Council,
The Courts
Important developments in the judiciary during the past year include an historic break with a longstanding tradition and a commitment to a program promising greater unity for the courts. Plans were made to permit photography and broadcasting of judicial procedures and the Judicial Administration Act of 1976 (see pages 40 through 44) was implemented.
The addition of judicial manpower to counter increasing workloads of the courts in eight circuits was provided by the creation of new superior court judgeships by the General Assembly upon the . recommendation of the Judicial Council. Six of these did not become effective until after the close of fiscal year 1977. The general election in November 1976 brought to the bench for their first term six superior court judges, seven state court judges and thirty-two probate court judges. Other personnel changes are presented in Appendix Seven.
The announcement of plans to permit broadcasting and photography of judicial procedures was made by the Supreme Court's Chief Justice H. E. Nichols, in an unprecedented "State of the Judiciary" address to a joint session of the General Assembly last February. Traditionally, only reporters and sketch artists have been allowed in Georgia courtrooms. But by a Supreme Court order of May 1977, the high court authorized "the broadcasting, televising, recording, filming, and taking of photographs, in its courtroom or the courtroom of any other Georgia court during any judicial hearing."
The court order, setting certain limits on broadcasting and photography so that the dignity of the proceedings is not disturbed, requires that the Supreme Court approve these broadcasts, photographs or recordings in advance and that the presiding judges and parties involved at the hearing must also consent to such coverage. The Chief Justice explained in his first address to the legislature that the plan for permitting broadcasting and photography of court proceedings would allow the public to develop a better understanding of the judicial process through observation of the workings of the court.
Some improvements to the judicial system can be brought about through changes in methods and procedures, renovation of existing facilities, addition of staff or increases in funding. However, some necessary improvements for the court system as a whole require the strength of statute.
The Judicial Council, in fulfilling its responsibility to assist and study the courts, becomes aware of problem areas within the system and is able to identify particular legislative measures which would help bring about needed improvements in the judiciary.
The Judicial Council has, in the past, sponsored annual judicial-legislative conferences at Callaway Gardens prior to the convening of the General Assembly. The conference provides a forum for communications between the two branches of government, an opportunity for discussion of specific problem areas in the state's judicial system as well as ideas for future court-related legislation. The last of these conferences to be held at Callaway Gardens was in December 1976. However, the Council has decided to replace the conference format with meetings with the legislature's judiciary committees at the State Capitol.
Many of the court-related bills passed by the 1977 General Assembly were primarily local in nature. However, there were some measures which affect the entire judicial system. (See Appendix Eight for review of individual measures.)
Among the bills enacted was one which increased the salaries of secretaries to superior court judges and to district attorneys. Another bill changed the minimum age for grand jurors from twenty-one to eighteen years. A fee schedule of applications for arrest and search warrants issued by justices of the peace was provided for in another measure.
Provision was made in another act that the responsibility for providing security and paying the cost of transferring prisoners subpoenaed as witnesses by a court in another state belongs to the requesting state. Another act provides that a law enforcement officer who takes custody of a person arrested by a private citizen cannot be held liable for false arrest or false imprisonment.
Several measures affecting the juvenile justice system were enacted, the most far-reaching of which was the Status Offender Act which regulates the detention of children who commit unruly acts or other offenses which would not be unlawful if they were adults.
The statistics on the judicial workload of the state's principal courts of record presented in the following sections cover the period from July 1, 1976 through June 30, 1977. These statistics, collected solely by the AOC in past years, were gathered for fiscal year 1977 primarily by district and trial court administrators, with forms, methodology and assistance provided by the Administrative Office of the Courts.
Improvements in the methodology used for this year's case counting and analyzation efforts mean that for the first time, the number of criminal charges against a defendant were counted and that a category was added to show the number of independent post-judgment motions. Statistics for the probate courts include only a small portion of their total workload. Only traffic caseloads were counted in these courts.
46
Appellate Courts
_
The appellate court system of Georgia is composed primarily of the Supreme Court-the state's highest appellate court-and the Court of Appeals.
Seven justices serve on the Supreme Court of Georgia, and, during the three terms of court each year, they hear cases on appeal from the superior courts, the state courts, the city courts of Atlanta and Savannah and other similar courts and the juvenile courts. Cases may be brought from the Court of Appeals by certiorari for consideration by the Supreme Court. Those questions upon which the Court of Appeals is equally divided may also be considered by the Supreme Court.
The Court of Appeals has nine judges. A chief judge elected by the other judges of the court presides over the first of the three divisions of the court; the presiding judges for the other two divisions are designated by the chief judge.
The 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.
A change in the jurisdiction of the Supreme Court and the Court of Appeals was effected by court rule after legislation which provided for comparable changes in jurisdiction was voided as unconstitutional by the state's high court. This in essence provided that appeals in cases of rape, armed robbery and kidnapping would be to the Court of Appeals, instead of to the Supreme Court, which formerly exercised jurisdiction in these matters. The court order also provides that all appeals involving the revenues of the state, election contests and cases in which the constitutionality of any municipal or county ordinance or other legislative enactment is in question be transferred to the jurisdiction of the Supreme Court. These changes became effective August 1, 1977.
Physical changes were made to accommodate plans for permit-
ting broadcasting and photography in the Supreme Court. A long-needed permanent public address system was installed. Other changes included installation of outlets for use by television and radio personnel, drapery behind the bench and additional lighting. The Chief Justice employed an administrative aide who also serves as liaison attorney to the media.
In the Supreme Court, during fiscal year 1977, 1,499 cases were docketed; this figure includes applications for certiorari, interlocutory appeals and applications for certificate of probable cause to appeal denial of the writ of habeas corpus. There were, during this period, 739 opinions written by justices.
During fiscal year 1977, 1,751 cases-158 more than in the preceding year-were docketed in the Court of Appeals. Of these, 205 cases were withdrawn or transferred to the Supreme Court. Decisions were made in 1,546 cases, with 43 cases remaining open at the end of the fiscal year. Opinions were written for 1,503 cases.
Superior Courts
Georgia's general jurisdiction court is the superior court which operates out of each county in the state in judicial circuits of various sizes and populations. As of June 30, 1977, there were ninety superior court judges in forty-two judicial circuits in Georgia.
The number of superior court judges per circuit vary from one judge in thirteen judicial circuits to eleven in the most populous circuit (Atlanta). Circuit size also greatly varies from one county as in the case of the Atlanta Circuit (Fulton County) to eight counties in the Ocmulgee Judicial Circuit. Georgia law requires court to be held in each county
in the state at least twice a year. Superior court judges are elected for four-year terms, and any vacancy occasioned by death or resignation is filled by gubernatorial appointment.
The superior court exercises exclusive constitutional jurisdiction in cases of divorce, criminal cases in which the sentence may be death or imprisonment in the penitentiary and in cases concerning title to land and equity.
The superior court is also empowered to correct errors of inferior judicatories by writ of certiorari. It also holds exclusive statutory jurisdiction in such matters as declaratory judgments, habeas corpus,
mandamus, quo warranto and prohibition, and any other jurisdiction authorized by statute.
Of the eight new judgeships created by the General Assembly last year upon the recommendation of the Judicial Council, two -in the Alapaha and Middle judicial circuits-were effective immediately, and so are included in the numerical total of judges for last year. Other new judgeships, effective after the end of fiscal year 1977 (on July 1, 1977), were in Clayton, Griffin, Gwinnett, Northern and Tallapoosa circuits; and the new judgeship for the Chattahoochee Judicial Circuit became effective January 1, 1978.
47
Total Superior Court Caseload by Filing Type: 1977
Circuit Alapaha Alcovy Atlanta Atlantic Augusta Blue Ridge Brunswick Chattahoochee Cherokee Clayton Cobb Conasauga Cordele Coweta Dougherty Dublin Eastern Flint Griffin Gwinnett Houston Lookout Mt. Macon Middle Mountain Northeastern Northern Ocmulgee Oconee Ogeechee Pataula Piedmont Rome South Georgia Southern Southeastern Stone Mt. Tallapoosa Tifton Toombs Waycross Western
Felonies
Filings Dispositions
394
333
459
403
4,390
5,335
481
455
679
937
397
427
527
482
938
1,099
588
530
675
925
1,256
1,324
216
273
331
343
469
611
573
544
167
216
1,499
1,589
198
197
265
314
366
325
310
286
501
505
1,255
1,059
305
377
114
124
432
642
227
222
698
781
324
466
294
403
376
360
171
202
230
193
.$53
531
1,011
1,039
189
215
1,885
1,719
501
547
407
258
186
219
360
490
325
365
Misdemeanors
Filings Dispositions
1,321
1,211
581
575
68
53
132
144
388
355
539
562
214
256
600
504
896
784
79
117
0
10
566
590
448
390
339
209
0
14
7
8
503
328
223
240
306
358
16
18
0
0
1,186
886
223
225
18
15
186
177
306
404
244
234
623
733
497
531
63
92
334
84
194
217
1,576
1,622
203
175
164
187
49
64
98
78
841
755
182
134
696
651
319
320
25
39
Traffic
Filings Dispositions
973
987
123
118
0
0
13
36
8
8
1,431
1,449
2,295
2,250
149
140
1,806
1,783
3
1
0
0
235
275
16
15
156
155
0
0
0
0
0
0
30
42
286
310
2
4
0
0
171
116
20
20
0
0
109
107
407
517
115
98
224
230
329
316
4
15
465
465
244
267
146
136
127
116
3
2
1
1
6
9
458
381
19
12
422
359
328
330
3
5
Total Criminal
Filings Dispositions
2,688
2,531
1,163
1,096
4,458
5,388
626
635
1,075
1,300
2,367
2,438
3,036
2,988
1,687
1,743
3,290
3,097
757
1,043
1,256
1,334
1,017
1,138
795
748
964
975
573
558
174
224
2,002
1,917
451
479
857
982
384
347
310
286
1,858
1,507
1,498
1,304
323
392
409
408
1,145
1,563
586
554
1,545
1,744
1,150
1,313
361
510
1,175
1,109
609
686
1,952
1,951
883
822
1,178
1,228
239
280
1,989
1,806
1,800
1,683
608
404
1,304
1,229
1,007
1,140
353
409
48
Civil General
filings Dispositions
356
319
492
494
3,350
3,806
907
842
1,039
741
444
475
641
538
989
833
969
660
659
532
1,052
820
819
872
381
341
897
681
524
383
409
296
908
450
784
716
577
431
478
389
409
450
894
854
740
583
460
411
494
571
715
754
762
618
781
720
585
569
586
410
409
385
491
347
939
747
557
492
957
815
501
425
2,313
1,547
1. 743
1,423
463
408
310
322
607
559
540
542
Domestic Relations
filings Dispositions
404
390
560
500
5,599
5,205
811
746
2,603
2,128
768
709
1,431
1,168
2,613
1,664
739
559
2,093
1,854
3,701
4,041
959
986
389
368
1,409
1,173
1,204
1,156
468
400
2,971
2,474
501
452
901
872
1,371
1,311
659
658
1,447
1,174
1,701
1,404
475
407
592
684
902
858
602
507
727
634
423
429
646
534
242
234
486
364
879
680
551
529
2,136
2,005
488
418
5,031
4,358
1,089
875
532
551
571
433
1,015
885
546
493
Independent Motions
Filings Dispositions
199
136
358
315
649
1,301
336
252
342
332
219
188
471
410
528
372
486
303
784
611
893
860
657
588
178
120
570
446
368
228
271
136
561
469
306
249
364
228
576
571
158
169
539
412
1,322
570
193
107
261
285
384
405
263
185
462
317
252
169
236
190
233
157
219
147
765
550
190
141
513
319
271
250
1,037
875
691
538
222
131
160
123
350
334
341
352
Total Civil
Filings Dispositions
959
845
1,410
1,309
9,598
10,312
2,054
1,840
3,984
3,201
1,431
1,372
2,543
2,116
4,130
2,869
2,194
1,522
3,536
2,997
5,646
5,721
2,435
2,446
948
829
2,876
2,300
2,096
1,767
1,148
832
4,440
3,393
1,591
1,417
1,842
1,531
2,425
2,271
1,226
1,277
2,880
2,440
3,763
2,557
1,128
925
1,347
1,540
2,001
2,017
1,627
1,310
1,970
1,671
1,260
1,166
1,468
1,134
884
776
1,196
858
2,583
1,977
1,298
1,162
3,606
3,139
1,260
1,093
8,381
6,780
3,523
2,836
1,217
1,090
1,041
878
1,972
1,178
1,427
1,387
Total Caseload
filings Dispositions
364
3,376
2,573
2,405
14,056
15,700
2,680
2,475
5,059
4,501
3,798
3,810
5,579
5,104
5,817
4,612
5,484
4,619
4,293
4,040
6,902
7,055
3,452
3,584
1,743
1,577
3,840
3,275
2,669
2,325
1,322
1,056
6,442
5,310
2,042
1,896
2,699
2,513
2,809
2,618
1,536
1,563
4,739
3,947
5,261
3,861
1,451
1,317
1,756
1,948
3,146
3,580
2,213
1,864
3,515
3,415
2,410
2,479
1,879
1,644
2,059
1,885
1,805
1,544
4,535
3,928
2,181
1,984
4,784
4,367
1,499
1,373
10,370
8,586
5,323
4,519
1,825
1,494
2,345
2,107
2,979
2,918
1,780
1,796
49
Key :
FY FY 1976 1977
Superior Court Caseload-Statewide T o tals
(Crimi na l cases based on numbe r o f defe nda n ts)
C ases Filed C ases Di sposed
r--_ Civil
I
C ri m ina l ------~I
5 0 ..J70 57 . 127
~ 7.1.33 ~C'. I 00
Felony
M isd emeanor
Traffic
Ci vil Gene ra l
Domestic Rel ations
To ta l Crimi na l
Average Caseload Per Superior Court Judge
(C rimi na l cases based o n numbe r o f dock et entri es)
Fisca l Year 1977**
Felon y M isdem ean o r Traff ic
Cri mi na l
Key:
o
Ca ses Filed
C ases Disp osed
T o tal Civil*
Ge ne ra l Civil
Dom es t ic Rela t io ns
Ind epen den t Motion
Ci vil
541
To ta l C ri minal
T ot al Civi l
"For pu r poses of compa riso n, t his does not include the ca tego ry, " Indepe nde n t Motion," as dat a on this type of case was firs t co llec ted for FY 1977 caseloa ds. ** Does not include juvenile cas es . Based o n 96 su pe r io r cour t judges.
1,0 8 7
State Courts
_
The state court system was crea te d in 1970, combining t he city, county, civil and criminal courts that had been operating in th e state in previous years (Ga . Laws 19 70 , p. 679) . The purpose of th is merge r was to unify and s ta ndardize these courts and to relieve th e ever-mounting workload o f thi s s tate's s uperior co u r ts.
As of t he end of fiscal year 19 77, th er e were seve nty-five s ta te cou r t judges ope rati ng o u t of six ty- t h ree courts. For ty-nine of th ese operate on a part-time basis. Th ese co u rts exercise jurisdicti on w it h in th e lim its of the cou n ty in w hic h t hey are located
concurrent with the superior courts of such counties and are empowered to hear and dispose of all civil cases or proceedings of whatever nature, whether arisi ng ex con tract u or ex de licto except in ex delicto action w here the original act creating the court or any amendment limited or excl uded ce rtai n jurisdiction under the common law or by statute and except those matters vested excl usively in th e su pe rior cou r ts . Th e s ta te cour ts have crimina l jurisdiction over all misdemea nor cases but not felony cases. The def en da n t in crimi na l proceedings in sta te court does no t h ave the rig ht to indictmen t
State Court Caseload Statewide Totals*
C r i m i n al 155,713 14 7 , 2 0 4
C ivil
87,472
68 ,443 63 ,353
67,2 25
by the grand jury of the county. S tate cou r t judges in Appling,
Carroll, Coweta, Houston, Polk and Wayne counties also exercise juvenile court jurisdiction.
T he consolida tio n of the Fulton County Civil and C riminal Courts into a single state court, in January 1977, was au thorized by th e Genera l Assemb ly during its 1976 session. The move has provided mo re flexibili ty in th e trials of civil and crimi na l cases.
2 15, 64 7 219,0 66
87,472
6 7,225
Key:
FY FY 1976 1977
Cases Filed Case s Disp osed
Ci vil General
151,195
Traffic
"Da ta on the caseload of the State Court of DeKalb County w as not available a t th e time of th is report .
""For purposes of com pa r iso n, th is doe s not incl u de the ca tegory, " Indepe nde n t Motion ," as data on th is type of case w as firs t collec ted for FY 1977 caseloads.
207,048
T otal Criminal
51
Total
ci-u-
State Court Caseload by Filing Type: FY 1977
County Appling Baldwin Bibb Bryan Bulloch Burke Candler Carroll Chatham Cherokee Clarke Clayton Clinch Cobb Coffee Colquitt Coweta Decatur DeKalb* Dougherty Early Echols Effingham Elbert Emanuel Evans Forsyth Fulton Glynn Grady Gwinnett Habersham Hall Houston Jackson Jefferson Jenkins Johnson Laurens Liberty Long Lowndes Macon
Misdemeanor
Filings Disposed
280
235
858
868
2,770
2,653
131
131
1,050
1,089
224
221
25
30
696
685
3,335
3,032
1,069
1,067
627
387
3,040
2,752
380
377
4,604
4,484
496
283
722
769
1,081
1,090
719
709
N/A
N/A
3,321
3,300
239
234
18
18
122
116
250
226
634
429
17
48
584
556
10,509
7,368
2,088
1,051
240
219
1,966
1,732
553
51:6
1,709
1,781
1,568
1,115
247
244
408
410
79
88
27
15
575
465
515
513
96
84
2,009
2,164
192
229
Traffic
Filings Disposed
1,064
837
1,443
1,446
2,260
2,174
3,082
3,082
3,442
3,359
2,371
2,366
1,127
963
2,239
2,265
3,068
3,091
2,274
2,237
161
125
9,230
9,523
457
457
14,418
14,643
1,848
1,665
1,594
1,758
3,283
2,911
1,334
N/A
1,289
N/A
3,668
3,657
355
354
190
190
2,245
2,107
1,422
1,198
1,898
1,695
785
1,017
1,140
1,172
11,137
10,245
3,870
2,764
1,062
1,034
566
375
1,074
966
5,322
5,400
5,154
4,923
2,810
2,764
1,556
1,558
604
611
304
300
4,307
4,169
3,665
3,687
786
757
6,385
6,481
658
815
Civil General
Filings Disposed
19
12
0
0
415
359
72
38
71
61
34
16
13
9
564
431
1,551
1,312
354
354
191
199
2,772
2,504
25
15
6,528
4,294
39
57
63
54
360
291
15
8
N/A
N/A
3,160
2,831
26
28
0
0
60
62
20
12
6
2
27
24
263
227
44,158
45,012
984
714
20
14
2,178
1,961
64
58
436
458
524
426
116
96
21
25
12
7
16
10
242
225
45
25
10
7
174
127
58
71
Independent Motion
Filings Disposed
4
3
0
0
57
34
14
7
32
14
39
14
3
4
298
88
1,597
791
37
34
53
70
1,078
892
0
0
4,258
3,558
23
15
21
8
131
106
15
7
N/A
N/A
1,340
441
10
9
0
0
16
17
1
1
0
0
7
5
31
18
35,751
35,201
1,202
973
1
0
655
554
34
23
115
118
287
237
67
25
7
6
1
0
10
4
63
32
10
0
0
1
28
16
22
17
Total Caseload
Filings Disposed
1,367
1,087
2,301
2,314
5,502
5,220
3,299
3,258
4,595
4,523
2,668
2,617
1,168
1,006
3,797
3,469
9,551
8,226
3,734
3,692
1,032
781
16,120
15,671
862
849
29,808
26,979
2,406
2,020
2,400
2,589
4,855
4,398
2,083
N/A
2,013
N/A
11,489
10,229
630
626
208
208
2,443
2,302
1,693
1,437
2,538
2,126
836
1,094
2,018
1,973
101,555
97,826
8,144
5,502
1,323
1,267
5,365
4,622
1,725
1,573
7,582
7,757
7,533
6,701
3,240
3,129
1,992
1,999
696
706
357
329
5,187
4,891
4,235
4,225
892
849
8,596
8,788
930
1,132
*Data on the caseload of the State Court of DeKalb County was not available at the time of this report.
S2
County Miller Mitchell Muscogee Pierce Polk Putnam Richmond Screven Spalding Stephens Sumter Tattnall Thomas Tift Toombs Treutlen Troup Walker Ware Washington Wayne Worth
Misdemeanor
Filings Disposed
56
77
419
427
1,728
1,189
370
361
275
268
158
158
2,630
2,630
204
168
1,138
1,008
313
189
621
459
184
209
433
433
1,247
1,207
304
235
142
107
807
709
510
702
503
488
465
438
189
157
469
441
Traffic
Filings Disposed
474
490
1,014
1,049
1,730
1,232
728
709
571
550
611
611
6,213
6,213
2,436
2,449
3,591.
3,375
1,039
629
1,293
1,281
1,647
1,663
2,718
2,718
5,304
5,275
1,253
1,121
1,004
876
1,387
1,128
2,172
2,357
1,667
1,676
421
418
839
920
1,782
1,765
Civil General
Filings Disposed
8
5
6
7
251
213
25
17
167
161
123
87
18
14
19
19
90
73
129
114
24
48
35
24
204
155
20
17
8
3
84
74
53
59
163
169
11
6
45
35
36
33
Independent Motion Filings Disposed
1
8
5
3
1
41
51
2
5
1
2
26
20
31
19
95
57
1
5
5
11
11
3
1
64
32
19
8
15
30
4
1
4
5
63
12
Total Caseload BUngs Disposed
538
572
1,440
1,483
3,717
2,639
1,126
1,088
1,054
1,030
769
769
8,968
8,935
2,659
2,633
4,774
4,422
1,473
910
2,138
1,911
1,855
1,921
3,191
3,180
6,755
6,637
1,588
1,384
1,157
1,087
2,342
1,943
2,754
3,126
2,348
2,363
901
863
1,077
1,117
2,350
2,251
Juvenile Courts
_
Juvenile matters in Georgia during fiscal year 1977 were handled by seven full-time juvenile court judges, twenty-nine part-time juvenile court judges and six state court judges and thirty-seven superior court judges who also serve as juvenile court judges and nineteen appointed referees.
In counties with 50,000 or more population, separate juvenile courts may be created and hear all juvenile matters. In counties with less than 50,000, superior court judges have jurisdiction over juvenile matters unless two successive grand
juries recommend that a juvenile court be established. Juvenile court judges are appointed for six-year terms by the superior court judges in their respective
circuits. The juvenile court exercises
exclusive original jurisdiction over juvenile matters, according to Georgia law. The court may initiate proceedings concerning any child alleged to be delinquent, deprived, mentally ill or retarded. The court also has jurisdiction in custody cases and to appoint guardians. In the case of a criminal offense committed by a child under the age of 17,
the juvenile court has concurrent jurisdiction with the superior court. Appeals in all cases of final judgment are to the Court of Appeals or Supreme Court.
For the first time, the Council of Juvenile Court Judges was allotted an operating budget by the Georgia General Assembly. The appropriation for fiscal year 1977 provided for an executive director, a juvenile court specialist and a secretary for the Council.
(See page 68 for the Annual Report of the Council of Juvenile Court [udges.)
53
Juvenile Court Caseload by Filing Type: FY 1977
Circuit
Delinquent
Unruly
Deprived
Traffic
Special Proceeding
Total
Number Counts Number Counts Number Counts Number Counts Number Counts Number Counts Children Disposed Children Disposed Children Disposed Children Disposed Children DispOsed Children Disposed
Alapaha
4
3
0
Alcovy
233
230
177
Atlanta
2,921 2,685
939
Atlantic
147
159
27
Augusta
439
430
222
Blue Ridge
217
224
138
Brunswick
609
611
430
Chattahoochee 1,109 1,459
325
Cherokee
399
449
269
Clayton
502
743
104
Cobb
1,210 1,516
582
Conasauga
237
299
182
Cordele
80
78
35
Coweta
483
607
162
Dougherty
666
692
242
Dublin
22
14
3
Eastern
1,142 1,292
215
Flint
129
138
31
Griffin
158
199
77
Gwinnett
260
247
172
Houston
145
317
11
Lookout Mtn.
240
240
80
Macon
476
619
188
Middle
267
314
34
Mountain
48
34
24
Northeastern
170
191
53
Northern
93
127
14
Ocmulgee
126
104
10
Oconee
106
118
25
Ogeechee
153
164
30
Pataula
98
87
2
Piedmont
98
111
39
Rome
403
446
219
South Georgia
153
122
10
Southern
284
412
49
Southwestern
63
Stone Mountain" N/A
98
34
N/A N/A
Tallapoosa
148
159
69
Tifton
145
130
41
Toombs
56
61
17
Waycross
334
N/A
122
Western
278
278
32
0 181 885
26 233 142 442 415 302 145 614 201
32 192 253
12 227
38 95 137 25 97 207 39 18 66 12
8 29 29
3 21 231 10 54 38
N/A
66 30 21
N/A
32
0
3~
145 0 1
32 145 134
36 98 170
0 2 21 3 0 138 2 9 44 0 31 8 0 8 7 8 0 0 5 0 2 49 0 12 0
N/A
4 0 0 13 143
1 55 141
1 1 52 156 215 70 226 503 1 0 45 13 0 292 8 16 127 0 30 17 3 13 26 11 0 0 9 0 2 64 0 13 0
N/A
13 0 0
N/A
143
0 53 301 19
1 147 101 233
57 36 133 117 19 220 127 28 274 41 84 45 20 36 146 79 23 42
5 64 53 32
8 28 92 24 121 49
N/A
16 14 16 67 11
0 47 244 19
1 146
93 252
50 44 123 121 25 198 129 19 289 34 80 46 26 22 119 63 29 43
6 58 53 27
9 21 88 24 121 57
N/A
27 9
16
N/A
11
0 65 89
5 176
0 18 15 70 52 80
2 0 12 0 0 62 6 11 0 2 12 89 3 0 0 12 0 6 9 1 16 74 0 1 1
N/A
14 1 0
132 33
0 66 91
3 194
0 16 19 51 62 68
2 0 11 0 0 59 4 11 0 2 10 52 0 0 0 12 0 6 7 1 10 72 0 1 0
N/A
14 1 0
N/A
33
4 563 4,395 198 839 534 1,303 1,816 831 792 2,175 538 136 898 1,038
53 1,831
209 339 521 178 399 907 383 103 272 132 200 190 229 109 183 837 187 467 147
N/A
251 201
89 668 497
4 579 4,046 208 859 564 1,318 2,360 922 1,220 2,824 624 135 1,053 1,087
45 2,159
222 401 557 370 399 1,014 419
94 326 168 170 206 236 100 165 901 156 601 193
N/A
279 170
98
N/A
497
"Some circuit totals not available
S4
Juvenile Court Caseload-Statewide Totals
FY FY
D O Key: 1976 1977 Ca se s Filed
17 ,850 14 ,851
30,484 25,642
Delinquent
Unruly
Deprived
Traffic Special Proceeding
Total
Probate Courts
_
One o f th e oldes t co u r ts in Geo rg ia, th e pr ob at e co u r t was kn own as th e cou r t of o rdi na ry until 19 74 . Th er e is one pr ob at e cou r t for eac h cou n ty in G eorgia. The Stat e C on stitut ion specifical-
Iy g ives ju ris dict ion to the pr obat e judg e to t ry so me t ra ffic cases and ga me a nd fish vio lation s; probat e w ills; gra n t letters of adminis t ration in in t esta te est at es; supervise admi n ist ra to rs
a nd ex ecu to rs; g ra n t letters of g ua r dia ns hi p relating to insane person s and lunacy proceed ings, and he ar h ab eas cor pus cas es exc ept ca pital felonies when th e pri son er is being held for ex tra dit ion .
FY FY
.... Key:
1976 1977
Cases Filed
Cases Disposed
Traffic
116,155
113,645
Total Crim inal
116,972 119,555
Misdemeanor
3,3 2 7 3,400
3, 350
112 ,367 114 ,548
115 ,71 7 11 7,9 79
"This dat a on traffic and misd em eanor cases represents the criminal caseload of the probate courts, w hich is only a small portion of the tota l judicial work load of the probate courts.
55
Probate Court Criminal Caseload by Filing Type: FY 1977
County
Atkinson Bacon Baker Banks Barrow Bartow Ben Hill Berrien Bleckley Brantley Brooks Butts Calhoun Camden Catoosa Charlton Chattahoochee Chattooga Clay Columbia Cook Crawford Crisp Dade Dawson Dodge Oooly Douglas Fannin Fayette Floyd Franklin Gilmer Glascock Gordon Green Hancock Haralson Harris Hart Henry Heard Irwin Jasper Jeff Davis Jones Lamar
Misdemeanor
FUings
Disposed
0
0
2
2
0
0
19
19
0
0
0
0
23
23
0
0
0
0
3
5
28
28
76
76
21
22
8
7
5
5
1
1
24
24
28
22
82
82
0
0
0
0
35
35
51
54
44
53
28
28
146
146
41
41
1
0
26
26
12
12
50
43
77
77
16
16
9
9
77
79
45
45
19
19
43
59
12
12
135
144
24
23
24
24
21
21
54
54
116
97
7
7
0
0
Traffic
filings
Disposed
0 342 193 821 683
0 563 711 1,310 257 1,047 1,906 508 1,175 2,658 686 513 2,477 365 2,493 1,300 1,068 2,635 1,205 306 '551 2,226 2,984 164 1,393 4,448 3,839 225
31 4,101 1,472
75 1,088 1,325 1,262
573 5,826
708 759 501 1,514 1,070
0 332 199 821 683
0 562 717 1,310 315 1,047 1,896 525 1,070 2,658 679 513 2,409 351 2,493 1,379 960 2,433 1,345 290 547 2,215 2,696 164 1,380 4,386 3,839 225
34 4,099 1,427
75 1,130 1,325 1,368
549 5,780
731 759 468 1,514 985
Total Cases
Filings
Disposed
0 344 193 840 683
0 586 711 1,310 260 1,075 1,982 529 1,183 2,663 687 537 2,505 447 2,493 1,300 1,103 2,686 1,249 334 697 2,267 2,985 190 1,405 4,498 3,916 241
40 4,178 1,517
94 1,131 1,337 1,397
597 5,850
729 813 617 1,521 1,070
0 334 199 840 683
0 585 717 1,310 320 1,075 1,972 547 1,077 2,663 680 537 2,432 433 2,493 1,379 995 2,487 1,398 318 693 2,256 2,696 190 1,392 4,429 3,916 241
43 4,178 1,472
94 ' 1,189
1,337 1,512
572 5,804
752 813 565 1,521 985
S6
County
Lanier
Lee
Lincoln
Lumpkin
Madison
-;i
b, Marion
;j
.~ McDuffie
McIntosh
Meriwether
Monroe
Montgomery
Morgan
Murray
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pike
Pulaski
Quitman
Rabun
Randolph
r-j'
~"
i
'II"<
Rockdale Schley Seminole
~'t
Stewart
Talbot
Taliaferro
Taylor
Telfair
Terrell
Towns
Turner
Twiggs
Union
Upson
Walton
,6ri"
~;
~
Warren
..~~ Webster ;1: Wheeler
I:;i}ii/ White
J(';:Whitfield
}~~c;Wilcox
';'Wilkes
,'Ii .<:"",;~
~'W'lIk'mson
t~{
:~E.
t 'c'.. - :
M:~..:'
Misdemeanor
Filings
Disposed
0 49 102 42 68 10 68
0 29 79 22 70 87 85
0 26
7 29
0 0 0 19 73 37 141 2 0 49 62 38 13 42 100 8 148 84 33 20 46 0 5 16 1 176 10 39 26
0 49 102 45 68 10 72
0 29 74 22 70 85 84
0 26
6 29
0 0 0 19 68 37 141 2 0 43 60 96 13 42 99 8 152 84 33 20 46 0 5 16 1 157 7 39 26
Traffic
Filings
Disposed
387 1,421
479 254 936 615 1,853 1,819 2,393 2,970 370 2,578 1,213 2,371 640 599 1,675 1,535
0 1,015
666 357 586 1,058 3,300 118 448 653 1,508 1,217 1,331 931 509 228 1,898 1,518 392 2,607 1,447 1,293 188 642 460 4,078 800 1,151 288
387 1,421
479 266 936 615 1,863 1,927 2,393 2,903 369 2,541 1,237 2,371 583 599 1,660 1,535
0 1,010
666 356 448 1,058 3,290 118 448 596 1,433 1,217 1,183 931 502 212 1,989 1,498 392 2,614 1,447 1,293 188 626 460 3,706 659 1,151 287
57
Total Cases
Filings
Disposed
387 1,470
581 296 1,004 625 1,921 1,819 2,422 3,049 392 2,648 1,300 2,456 640 625 1,682 1,564
0 1,015
666 376 659 1,095 3,441 120 448 702 1,570 1,255 1,344 973 609 236 2,046 1,602 425 2,627 1,493 1,293 193 658 461 4,254 810 1,190 314
387 1,470
581 311 1,004 625 1,935 1,927 2,422 2,977 391 2,611 1,322 2,455 583 625 1,666 1,564
0 1,010
666 375 516 1,095 3,431 120 448 639 1,493 1,313 1,196 973 601 220 2,141 1,582 425 2,634 1,493 1,293 193 642 461 3,863 666 1,190 313
Other Courts
_
A lthoug h t his AIIII/tal Report cove rs pr ima r ily th e pri nci pa l co u r ts o f reco rd of Georgia, th ere a re more th an two th ousa nd cou r ts ope ra t ing in th e s ta te. Th ese include specia l civ il and crimi na l cour ts w h ich have pa rt ial s ta te co u r t ju risdic tion but a re in localit ies in w hic h th e bu sin ess o f a city co u r t ha s g ro w n to th e ex te n t th at th e court has been conve r te d to a civil or cr im ina l cou r t or divid ed in to eac h . C ou rt s with parti al s ta te cou r t ju ris dic tio n incl ude th e C ivil C ourt o f Richmond
County, the Civi l Court of Bibb Coun ty and th e Baldwin, Echols an d Pu tn am County C ou r t s.
M an y o t he r cou r ts th rough ou t the s ta te se rve spec ial n eed s. More th an 1,50 0 jus tice of th e peace cou r ts account for t he ma jority of th ese o ther co urts. Th er e a re also approxi ma te ly 450 police, mayors, municipal, cri minal a nd city co u nci l co ur ts, fo u r ma gistrat e courts a nd more than fift y sma ll claim s co u r ts in G eorg ia.
Durin g th e year, th e judges, cle rks a nd bailiff s of th e sta te's
small claims courts officially formed a statewide organization - t he Georgia Small Clai ms C our ts Associa tion. A co ns tit ution w as ado pte d a nd o ffice rs we re elected . Judge C. L. G u n by of Baldw in Coun ty is p resident of th e new organization. Ot her officers a re Judge Ellen Hobby of T rou p Cou n ty, first vice president; Ju dge John O . C leme nts of Sp ald ing Count y, second vice presid ent; Judge George W. Eise l, III, of H an cock Cou n ty, sec retary-treasurer; and Ju dge Joh n E. Bond of H enry Coun ty, cha plain .
Key:
Total Cases Filed
Statewide Caseload Comparisons*
Total Cases Disposed
Superior Court Caseload
CY 71
121,096
101,789
CY 73
134,841
117,976
FY 76
14 3,612
129,128
FY 77
143,293
129,129
"T hese yea rs were se lected fo r com parison because these are the only years for which th e AOC has complete s ta tewide caseload da ta.
58
CY 71 CY 73 FY 76 FY 77
231,789 236,874 303,119 286,891
State Court Caseload
211,473
267,348 270,895
CY 71 CY 7 3 FY 76 FY 77
Juvenile Court Caseload
.. I ..
14,869
. I 15,558
30,484
I 25,642*
29,691 27,749**
"D at a from Stone Mountain Judicia l Circuit was not availa ble. **Data from Stone Mountain and Waycross Judicial Circuits was no t availa ble.
59
CY 1971 CY 1973 FY 1976 FY 1977
Probate Court Caseload
72,099
78,777
77,867
116,972
115,897
119,555
11 7,9 79
60
Planning fo r the future of the courts and fo r the allocation of federa l funds fo r court improoem enis and projects is the prim ary responsibility of the newly created Judicial Planning Committee-. The Committee develops a yea rly plan which is administered all the Iocal and district level.
Other Judicial Agencies
The Judicial Council/Administrative Office of the Courts has broadly defined responsibilities to assist judicial personnel and to study the operations of the courts system and make recommendations for improvements. There are several other judicial agencies of the State which are charged with very specific and more limited responsibilities. The Judicial Council/AOC functions as fiscal and budget officer for several of these agencies.
The Board of Court Reporting, under the Judicial Council, has responsibility for regulating the practice of court reporting and related duties.
The Judicial Nominating Commission, as its name indicates, is responsible for evaluating nominees for vacancies on the appellate, superior and state courts.
The Judicial Qualifications Commission is empowered to investigate complaints about judges' conduct and can make recommendations to the Supreme Court for disciplinary action. This commission also issues opinions, upon request, about the propriety of particular actions or situations.
The Sentence Review Panel of the Superior Courts is empowered to reduce or affirm sentences totaling five years or more which have been imposed by superior court judges.
Following are reviews of the activities of these judicial agencies during fiscal year 1977. The annual report of the fiscal year 1977 activities of the Council of Juvenile Court Judges, another judicial agency, begins on page 68.
Board of Court Reporting
In fiscal year 1977, the Board of Court Reporting continued its work of certifying court reporters and standardizing procedures. Two certification tests were conducted, with fifty-two court reporters receiving certification, bringing the total number of certified court reporters to 348. The number of official court reporters, or those assigned to a specific court, reached 130. For the first time since the creation of the Board, twenty-nine court reporters had their permits revoked for failure to renew them.
The Board of Court Reporting, created in 1974 under the Judicial Council by the Georgia Court Reporting Act (see Appendix Five), has a number of functions, all subject to review by the Judicial Council. These functions include regulating the practice of court reporting, certifying court reporters by special examination, setting license fees and making general rules and regulations.
The Board was also vested with the power, by an amendment to the act creating the Judicial Council, of establishing fees and setting guidelines for transcripts (see Appendix Six).
Among the Board's 1977 activities was the formation of the Georgia Certified Court Reporters Association to promote higher standards for the
profession of court reporting. Most of the association's work last year revolved around revising reporting tests and the procedures for administering them.
In its rule-making capacity, the Board placed a forty-five-day deadline on returning applications for certification and placed a $15 charge on each issue of a certification permit.
62
Judicial Nominating Commission
During fiscal year 1977 the Judicial Nominating Commission evaluated nominees for seventeen judicial offices. The Commission/ which was created in 1975 to assist the Governor in appointing qualified persons to judicial offices, forwarded to the Governor its evaluation of nominees for two vacancies each on the Supreme Court and Court of Appeals and for twelve vacancies in the superior courts and one in the state courts.
The Commission, which consists of five gubernatorial appointees and five members of the Younger Lawyers Section of the State Bar, assists the Governor by soliciting nominations for vacancies in the courts and then evaluating these nominees.
As part of this process of evaluation/ the prospective judge completes a questionnaire relating to his qualifications and furnishes the Commission with a legal article or brief which he authored. The Commission subsequently conducts its own investigation of each nominee, aided by information from
lawyers who are familiar with the nominee or relevant information from members of the bar in the jurisdiction where the vacancy exists. Finally, the Commission considers all the pertinent information and submits a list of not more than five names
for each vacancy to the Governor.
Since its creation the Commission has acted on two Supreme Court and three Court of Appeals vacancies and vacancies in nineteen superior courts and four state courts.
63
Judicial Qualifications Commission
During fiscal year 1977, the Judicial Qualifications Commission considered seventy-six matters concerned with complaints against judges and disposed of seventy. Upon the Commission's recommendation, one judge agreed to retire, and nine files were closed by calling to the attention of the judge involved the particular canons of the Code of Judicial Conduct. One formal hearing was held, but a decision had not been reached by the Supreme Court on this matter at the end of the fiscal year. As of June 30, 1977, two formal hearings had been scheduled and thirty-four matters were pending.
The Judicial Qualifications Commission was organized in 1973 for the purpose of conducting investigations and hearings concerning the removal or retirement of judges of any court in
the state. Upon receiving a complaint, the Commission notifies the judge as to the nature of the complaint, and, based on the judge's response, the Commission decides whether to close the file or conduct an independent investigation. Following such an investigation, the Commission has the power to make recommendations to the
Supreme Court for disciplinary action.
Aside from its investigations, the Commission rendered eight formal opinions during 1977. These deal with such matters as campaign contributions, acceptance of personal gifts and appropriate extra-judicial activities, such as serving as a guardian for an elderly family member.
Superior Courts Sentence Review Panel
During the past fiscal year, the four quarterly panels of the Superior Courts Sentence Review Panel reviewed a total of 1,035 cases, approximately onethird more than were reviewed during the previous year. The sentences that are subject to review by the panel are those totaling five years or more which have been fixed and imposed by a judge, except in death penalty cases, as provided by the Judge
Sentencing Act (Ga. Laws 1974, p. 352). The panel is composed of three superior court judges plus one supernumerary member, appointed by the president of the Council of Superior Court Judges to serve for three-month terms.
Review of sentence is not automatic and an application for review must be filed with the clerk of the sentencing superior court within thirty days of the date the sentence is imposed or
within thirty days of the date the remittur from the appellate court is made on the judgment of the sentencing court, whichever occurs last. The panel must consider all available information on each case referred to it to determine if the imposed sentence is excessively harsh, and, if a majority agree that it is too harsh, the Sentence Review Panel will reduce the length of the sentence; the panel cannot increase any sentence.
Of the 1,035 cases reviewed by the panel last year, eighty sentences were reduced for a cumulative reduction rate of 7.73 percent for 1977. Since its inception, the panel has reviewed a total of 1,952 sentences, affirmed 1,817 and reduced 135 for an overall cumulative reduction rate of 6.92 percent from July 1, 1974, through June 30, 1977.
64
Superior Courts Sentence Review Panel
Fiscal Year 1977 Caseload Summary
336
Key:
0 Cases Reduced
Cases Affirmed
Cumulative Reduction Rate as of June 30, 1977 6.92 per cent
Panel 9
Panel 10
Panel 11
Panel 12
Three-Year Comparison of Caseload of Sentence Review Panel
FY 1975 FY 1976 FY 1977
955
65
Superior Courts Sentence Review Panel of Georgia
Fiscal Year 1977
Panel IX (J uly 1 through September 3D, 1976)
Judge Walter C. McMillan, Jr. Chairman Middle Judicial Circuit Sandersville
Judge Oscar D. Smith, Jr. Chattahoochee Judicial Circuit Columbus
Judge Sam L. Whitmire Flint Judicial Circuit Barnesville
Judge James L. Bullard Supernumerary Cobb Judicial Circuit Marietta
Panel X (October 1 through December 31, 1976)
Judge George A. Horkan, Jr. Chairman Southern Judicial Circuit Moultrie
Judge Thomas W. Ridgway Alcovy Judicial Circuit Monroe
Judge Hugh D. Sosebee Flint Judicial Circuit Forsyth
Judge George L. Jackson Supernumerary Ocmulgee Judicial Circuit Gray
66
Panel XI (January 1 through March 31, 1977)
Judge Harold R. Banke, chairman Clayton Judicial Circuit Milledgeville
Judge Joseph B. Duke Ocmulgee Judicial Circuit Milledgeville
Judge John R. Harvey Atlantic Judicial Circuit Pembroke
Judge Joseph c. Jackson
Supernumerary Coweta Judicial Circuit LaGrange
Panel XII (April 1 through June 3D, 1977)
Judge Howell Cobb Ravan Chairman Cobb Judicial Circuit Marietta
Judge W. G. Elliott Southern Judicial Circuit Valdosta
Judge Willis B. Hunt, Jr. Houston Judicial Circuit Perry
Judge William F. Blanks Supernumerary Southwestern Judicial Circuit Americus
Oepe/opillg 17 comprehms ioe progrnm of continuing educefiOIl I7/ ovno n unitie fo r the state's jl/dicil7 / personnel is the first order of business fo r the BOl7rd of T ruslees ntnned fo r the [uiiicin! College of Ceorgia.
Annual Report
Council of Juvenile Court Judges
Executive Committee, 1977 Judge Rex R. Ruff, Juvenile Court of Cobb County,
President Judge Romae T. Powell, Juve nile Cou rt of Fulton
C ounty, Presideni-elet! Judge H. M. Crane, [r., Ju venil e Cou r t of Ba r tow
C oun ty, Vice Presiden! Judge Grady Dickey, Ju venil e Court of C hat ham
C ount y, Treasurer Judge George W. Brown, [r., Juvenile Cour t of Hall
County, Sec retary Judge Dennis Jones, Juvenile Court of DeKalb
Cou nty, Immediate Past President
_
Jud ge Rex R. Ruff
The St at e's ju venil e ju st ice sys te m is mad e u p of man y com po ne n ts . The cou r ts w hic h exe rcise ju r isdic tion in juve n ile matters h ave a spec ial responsibility fo r effectively us ing th e ot her resou rces and se rvices of th e juvenile justice system.
In an effort to im prove th e ad minist ratio n of justice in t he juve nile cou r ts, th e Co u ncil of Juven ile C ourt Judges, w hic h is com posed of judges exe rcis ing ju ris dic tio n in juve n ile matters in Geo rgia, placed part icul ar em ph as is on educa tio n, record s keeping and cas eload reporting sys te ms during fiscal yea r 19 77.
The C ouncil also develop ed a bench boo k an d revised its Manua! for jllvellile Court [udge. Inform ation on th e resou rces and ope ra tio ns of th e juvenile co u r ts was collecte d for lat er publicat io n.
The C oun cil of Ju ven ile Cou r t Jud ges co n tin ued to se rv e in va rio us adviso ry capaci ties o n juveni le jus tice matters and wor ked closely wi t h th e Jud icial C ounci l/AGe, the Di vision of Youth Services of the Department of Human Re sources (D H R), the Judicial Planning Committee and th e Judicial College of Georgia.
The Council, crea ted in 19 71 by th e G en er al As sembly (Ga. Code A lln. 24A-s01 (a) (b)), is em pow ered w ith a u t ho r ity to est abli sh ge ne ral policies for th e co nduc t o f co u r ts exe rcising ju risdicti on over juv e n iles and ma y promulga te uniform rules and forms go ve rni ng pr ocedures a nd practi ces of th e courts.
Education
In the area of educa tion, t he Council and its st aff were direct ly invo lved in developing and cond ucting train ing workshops . A seminar for ju veni le cou r t probation officers of the indepe nde n t sys te ms was presen ted . T his semi na r, t he second of its type, se rved t hi rty- two persons, bot h line staff and supervisors. A workshop for juveni le court judges was h eld and anot he r one was develop ed during fisca l yea r 1977.
Th e C oun cil is represented by its president on th e Board of Tru s tees of th e newl y crea ted Judi cial College of Geo rgia . Th e college wi ll be respon sible for developing a co mprehensive program of con tinuing judicia l educa tio n.
A lso, th e Counci l made applica tion jointly with th e D ivis io n of You th Ser vices fo r federa l fund s fo r a wo rks hop for direct se rvice perso n nel. T he g ra n t w ill provide fo r train ing of almos t four hundred person s.
Pu blica tions
Th e C oun cil's M anua! fo r [uvenile Court jlldges w en t in to its se cond printin g du ri ng th e year. Revisions w ere se n t to judges w ho h ad received th e earlier editio n, for inse r tio n in th e loose-leaf M anual. The M allual con ta ins mod el legal forms a nd add resse s almos t all as pec ts o f juve n ile co u r t procedu res.
68
Development of a Benchbook for Juvenile Courl Judges was well under way during the last fiscal year, with printing scheduled for early fall. The benchbook, modeled on local benchbooks prepared for the juvenile courts of Fulton and Cobb counties, is designed as a resource book for juvenile court judges and referees on the bench. The benchbook contains an indexed compilation of statutes and case law and permits reference to these as the need arises during hearings.
Records, Caseload Reporting
The activities of the Council of Juvenile Court Judges in the areas of records keeping and caseload reporting were coordinated whenever possible. The Council's juvenile courts consultant worked with the Aoes records management consultant on the model dockets project. Model dockets were ordered by juvenile courts of fifty-nine counties.
Development was begun on a system for juvenile court caseload reporting which would employ a tear-out second sheet in the juvenile court docket book. This would allow computer analysis of case information. Progress on the system, one of two for gathering data on the work of the juvenile courts, was temporarily halted during the year because the appropriations for the year fell short
of expectations and the funds necessary for its completion were not received.
Data on the juvenile courts' caseloads for fiscal year 1977 was collected by the AGC and by district court administrators who used original papers and dockets in each juvenile court in the state and employed standard definitions of terminology from county to county. Previous reporting methods on the work of the juvenile courts-annual reports of individual courts and a ba tch reporting system used by the Division of Youth Services-did not provide adequate information for comparing workloads, forecasting needs and analyzing the effectiveness of new programs.
New Statutes
Several measures passed by the 1977 General Assembly brought changes in the area of juvenile justice (see Appendix Eight for review of legislation). The most far-reaching changes were provided in the "Status Offender Act" which provides for a comprehensive revision to the Juvenile Court Code. Other measures provided for a revision of the adoption laws, redefined"child" as it relates to deprived children. provided for revision of the juvenile court code relating to hospitalization for mentally ill and mentally retarded children and other changes.
Efforts to collect information about the juvenile courts and the juvenile court judges themselves were begun by the Council of Juvenile Court Judges during the last fiscal year. Two studies developed during the year collected information on the resources and operations of the juvenile courts and on the qualifications of the judges who serve them.
Judicial Personnel
During the past fiscal year, there were seven full-time and thirty-one part-time juvenile court judges; six state court judges and thirty-eight superior court judges also heard juvenile cases.
Results of the study of the qualifications of juvenile court judges reveal a favorable comparison with the results of a national survey of juvenile court judges made in 1973. From the study a composite can be drawn: the Georgia juvenile court judge is a male law school graduate, over fifty years of age, with a substantial legal background.
The other study of the juvenile courts reveals wide differences in resources of the juvenile courts throughout the state. The annual salary reported by full-time juvenile court judges ranges from $16,500 to $36,200, for an average of $29,515.
69
Part-time juvenile court judges reported a salary range from $1,200 to $21,000, an average of $8,188.
Reported annual operating expenditures and the number of support personnel also vary widely. Seven courts reported no support personnel, while the two juvenile courts (in the metro Atlanta area) have more than one hundred support personnel provided by the county. The average number of court support personnel for counties with full-time juvenile court judges is seventy-five. The average number of support personnel for part-time juvenile court judges is three.
Annual budgets for juvenile courts with parttime judges range from zero to $252,000. The
juvenile courts with full-time judges have a range of yearly expenditures from $62,560 to more than $2 million in two courts in the heavily populated Atlanta area.
Full-time judges, according to the study, spend from fourteen to fortv hours on the bench each week. These judges spend an average of another twenty-one hours each week on administrative matters. Part-time juvenile court judges average about seven hours hearing cases and abou t another seven hours on administrative matters each week.
These studies represent first-time compilations of this information. This data is expected to aid in planning for improvements in the juvenile justice system.
Juvenile Courts
County
Chatham Fulton Muscogee Bibb Floyd Richmond Troup Glynn Dougherty DeKalb Colquitt Hall Gwinnett Whitfield Thomas Laurens Cobb
Date Established
1915 1915 1916 1917 1917 1917 1919 1923 1925 1927 1937 1938 1939 1940 1947 1951 1951
*Not certain
County
Clarke Camden Clayton Lowndes Gordon Sumter Carroll Ware Appling Wayne Newton Houston Walker Bartow *Henry Walton Dade
Date Established
1953 1953 1955 1955 1955 1957 1960 1960 1963 1964 1967 1968 1971 1971 1971 1973 1974
County
Date Established
Butts Catoosa Lamar Fayette Pike Spalding Upson Meriwether Terrell Banks Barrow Crisp Jackson Coweta Polk
1974 1974 1974 1976 1976 1976 1976 1976 1976 1977 1977 1977 1977 Unknown Unknown
70
"GI/ly by the adopt ion of sound adminisiratine praclices willfhe COIlr/S be able fa meet the increased (lilt! increasing burdens placed 01/ them. T he time has passed whet! the court system will ca rry its load 'if each judge does his joIJ.' Th ere must also be organization aiid system so as to leave the judge to his job of judgil/g."
Chief [usiice W arret! E. Burger U1/ited States Suprem e Cou rt
Appendix One
Judicial Council of Georgia Created
Act No. 178 Ga. laws 1973, p. 288 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.
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
72
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.
Appendix Two
Funding Summary for Judicial Council of Georgia/Administrative Office of the Courts
Fiscal Year 1977
Project
General Board of Court Reporting .Sentence Review Panel Judicial Qualifications Commission Court Administration
District Court Administration
Education
Information System
Planning
Records
Traffic
Source
State Funds State Funds State Funds State Funds LEAA Grant 76A-08-001 LEAA Grant 76A-08-002 LEAA Grant 76A-20-012 LEAA Grant 76-DF-04-0041 LEAA Grant 76-DF-04-0024 LEAA Grant 76A-18-007 Office of Highway Safety Grant 307-77-001-001
Total
$178,668 7,500
36,046 10,000 235,000
201,772
56,900
200,000
64,059
56,900
66,000
73
Appendix Three
Members of the
Judicial Council of Georgia
May I, 1973 to June 30, 1977
Name
Judge F. Jack Adams President State Bar of Georgia (6/8/73 to 6/7/74)
Judge Francis W. Allen State Court of Bulloch County
Judge Hal Bell Superior Court Macon Judicial Circuit
Judge Marcus B. Calhoun Superior Court Southern Judicial Circuit
Judge Frank S. Cheatham, Jr. Superior Court Eastern Judicial Circuit
Judge H. Sol Clark Georgia Court of Appeals
Harold G. Clarke President State Bar of Georgia (6/4/76 to 6/3/77)
A. G. Cleveland, Jr. President State Bar of Georgia (6/4/71 to 6/2/72)
Judge Kenneth B. Followill State Court of Muscogee County
Judge J. Bowie Gray Superior Court Tifton Judicial Circuit
Justice William B. Gunter Supreme Court of Georgia
Justice Robert H. Hall Supreme Court of Georgia
Term
6/8/73 to 6/7/75
7/1/76 to 6/30/80 5/1/73 to 6/30/76 6/7/73 to 6/30/75 7/1/75 to 6/30/79 7/26/74 to 6/30/75 7/1/76 to 6/30/78
5/1/73 to 6/8/73
5/1/73 to 6/30/76
5/1/73 to 6/3/75 5/1/73 to 7/26/74 5/1/73 to 6/30/77
Office Held
Chairman 7/1/74 to 6/30/75
Secretary-Treasurer 7/1/73 to 6/30/74 Vice Chairman 7/1/74 to 6/30/75 Chairman 7/1/75 to 6/30/76 Vice Chairman 7/1/73 to 6/30/74
Chairman 6/7/73 to 6130/74
74
Name
W. Stell Huie President State Bar of Georgia (6/6/75 to 6/4/76)
Judge Walter C. McMillan, Jr. Superior Court Middle Judicial Circuit
Judge James B. O'Connor Superior Court Oconee Judicial Circuit
Judge Paul W. Painter Superior Court Lookout Mountain Judicial Circuit
Judge Marion T. Pope, Jr. Superior Court Blue Ridge Judicial Circuit
Frank W. Seiler President State Bar of Georgia (6/2/72 to 6/8/73)
Cubbedge Snow, Jr. President State Bar of Georgia (6/7/74 to 6/6/75)
Judge William K. Stanley, Jr. Probate Court of Bibb County
Judge Irwin W. Stolz, Jr. Georgia Court of Appeals
Judge G. Ernest Tidwell Superior Court Atlanta Judicial Circuit
Judge Julian Webb Georgia Court of Appeals
Term
7/1/75 to 6/30/77 5/1/73 to 6/30/76 5/1/73 to 6/1/73 7/1/76 to 6/30/80 7/1/76 to 6/30/80 7/1/75 to 6/30/79
5/1/73 to 6/30/74 7/1/74 to 6/30/76 5/1/73 to 6/30/77 7/1/75 to 3/1/77 5/1/73 to 6/30/77
3/1/77 to 6/30/79
Office Held
Temporary Secretary 5/4/73 to 6/7/73
Secretary-Treasurer 7/1/76 to 3/1/77 Vice Chairman 3/1/77 to 6/30/77
Temporary Chairman 5/4/73 to 6/7/73
Secretary-Treasurer 7/1/75 to 6/30/76 Vice Chairman 7/1/76 to 3/1/77 Secretary-Treasurer 7/1/74 to 6/30/75 Vice Chairman 7/1/75 to 6/30/76 Chairman 7/1/76 to 6/30/77 Secretary-Treasurer 3/1/77 to 6/30/77
75
Appendix Four
_
Judicial Administration Act of 1976
Act No. 1130 Ga. Laws 1976, p. 782 An Act to create Judicial Administration Districts and the
boundaries thereof; to provide for a short title; to provide for Judicial Administration District Councils, their composition, presiding officers, meetings and establishing of rules; to provide for the election of Administrative Judges, their term, removal, duties, authority, and compensation; to provide for Administrative Assistants, their qualifications, duties, compensation, and classification; to provide for severability; to provide an effective date; 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 Judicial Administration Act of 1976." Section 2. Judicial Administration Districts; Creation. Ten (10) Judicial Administration Districts of more or less equal population in each District are hereby created within the State. The boundaries of the ten Judicial Administration Districts, to the extent possible, shall follow the present boundaries of the ten (10) U.S. Congressional Districts, except that each existing judicial circuit shall remain intact and shall not be placed in more than one Judicial Administration District. The Governor, after conferring with the Superior Court Judges, shall establish by July 1, 1976, the original boundaries of each Judicial Administration District pursuant to the provisions of this section. The ten (10) Administrative Judges provided for in this Act may provide for any necessary changes in the boundaries in such Districts not inconsistent with the provisions of this Section. Section 3. Judicial Administration District Councils. A District Council for each Judicial Administration District is hereby created, composed of all judges of the superior courts within the District. The superior court judge in each District having seniority in number of years as a superior court judge shall serve as presiding officer of the District Council. Each District Council shall meet at least once a year and as often as required to discuss administrative problems peculiar to the District and otherwise to perform its du ties. Each District Council shall establish rules, by majority vote, which shall cover the right to call additional meetings and procedures for handling the administrative work of the Council. Section 4. District Administrative Judge. The judges of each District Council shall elect a superior court judge or a judge emeritus of the superior court to serve for a two-year term as an "Administrative Judge" within the district. The District Administrative Judge shall serve until his successor is elected and qualified; provided, however, that the District Administrative Judge may be removed at any time by a two-thirds vote of all judges comprising the District Council. The duties of Administrative Judge shall be additional duties which shall not be construed to diminish his other responsibilities.
Section 5. Administrative Assistant. Each District Administrative Judge is hereby authorized to hire a full-time assistant adequately trained in the duties of court administration. The assistant shall assist in the duties of the District Administrative Judge, provide general court administrative services to the District Council, and otherwise perform such duties as may be assigned to him by the District Administrative Judge. Each assistant shall be an employee of the Judicial Branch of State Government and shall be in the unclassified service of the State Merit System of Personnel Administration. The assistant shall be compensated in an amount and manner to be determined by uniform rules adopted by the ten (10) Administrative Judges. Each assistant shall be compensated out of funds made available for such purposes within the Judicial Branch of Government.
Additional funds shall be made available for needed clerical and other office operating costs of the assistant.
Section 6. Duties and Authority of District Administrative Judge. The duties and authority of each District Administrative Judge shall be as follows:
(a) To request, collect and receive information from the courts of record within his District pursuant to uniform rules promulgated by the ten (10) Administrative Judges;
(b) To authorize and assign any superior court judge within the District to sit on any type of case or handle other administrative or judicial matters within the District, provided, however, that the assignment shall be made with the consent of the assigned judge and with the consent of the majority of the judges of the circuit to which the assignment is made; that the assignment shall be made subject to rules promulgated by the District Council by a majority vote of the superior court judges within the District.
Section 7. Severability. In the event any section, subsection, . sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 8. Effective Date. This Act shall become effective July 1,1976.
Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1976.
76
Appendix Five
_
The Georgia Court Reporting Act
Act No. 851 Ga. Laws 1974, p. 345 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 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 wnlch 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.
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 members 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 received 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 "C.C.R." 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 "C.C.R.," 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
77
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 attained 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 expiration 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 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.
78
Appendix Six
Judicial Council of Georgia To Set Court Reporter Fees
Code 24-3103, 24-1304 Repealed Act No. 558 Ga. Laws 1975, p. 852
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 purposes.
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.
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.
79
Appendix Seven
Judicial Personnel Changes (July 1, 1976 - June 30, 1977)
Appointments
Appellate Courts
Georgia Supreme Court: Justice Jesse Groover Bowles by Governor Busbee for term 4/25/77 to next general election.
Georgia Court of Appeals Judge Harold R. Banke by Governor Busbee for term 4/1/77 to 12/31/78. Judge William Leroy McMurray by Governor Busbee for term 12/22/76 to next general election. Judge Arnold Shulman by Governor Busbee for term 1/7/77 to next general election. Judge George T. Smith by Governor Busbee for term 8/23/76 to 1/1/77.
Superior Courts
Alapaha Judicial Circuit Judge W. D. "Jack" Knight by Governor Busbee for term 5/24/77 to 12/31/78.
Atlanta Judicial Circuit Judge Horace T. Ward by Governor Busbee for term 11/24/77 to 11/1/83.
Atlantic Judicial Circuit Judge James Emory Findley by Governor Busbee for term 2/3/77 to 1/1/79.
Blue Ridge Judicial Circuit Judge Richard B. Neville by Governor Busbee for term 5/13/77 to 1/1/79.
Clayton Judicial Circuit
Judge Joe c. Crumbley by Governor
Busbee for term 5/24/77 to 1/1/79. Dublin Judicial Circuit
Judge William M. Towson by Governor Busbee for term 6/29/77 to 1/1/79.
Middle Judicial Circuit Judge Marvin B. Hartley, [r., by Governor Busbee for term 5/24/77 to 12/31/78.
Northeastern Judicial District Judge James E. Palmour, III, by Governor Busbee for term 9/27/76 to 1/1/77.
Oconee Judicial Circuit Judge Preston N. Rawlins, [r., by Governor Busbee for term 11/1/76 to 12/31/78.
Tifton Judicial Circuit
Judge W. J. Forehand by Governor
Busbee for term 10/22/76 to 1/1/77. Western Judicial Circuit
Judge Joseph J. Gaines by Governor Busbee for term 11/1/76 to 12/31/78.
State Courts
Fulton County Judge Dorothy Toth Beasley by Governor Busbee for term 4/25/77 to 1/1/79.
Laurens County Judge Dubignion Douglas by Governor Busbee for term 7/11/77 to 11/7/78.
Juvenile Courts
Colquit County Judge William C. Peters by the Superior Court Judges of the Southern Judicial Circuit for term beginning 8/7/76.
Crisp County Judge G. Mallon Faircloth by Cordele Judicial Circuit Superior Court Judge Hardy Gregory, [r., for term beginning 2/20/77.
Griffin Judicial District Judge Claude L. Goza by Superior Court Judge Andrew Whalen for term beginning 7/1/76.
Newton County Judge Virgil Costley, [r., by Alcovy Superior Court Judge Thomas Ridgway for term beginning 5/1/77.
Terrell County Judge James G. Raines by Pataula Circuit Superior Court Judge Walter I. Geer for term beginning 12/17/76.
Probate Courts
Forsyth County Judge Joyce Wallace Hawkins by Governor Busbee for term beginning 8/10/76.
Schley County Judge Hinton M. Hambrick by the Superior Court Judges for term beginning 10/1/76.
Special Courts
Civil Court Richmond County Judge Bacheller Flythe for term beginning 9/1/76.
Magistrate Court of Clarke County Judge Pierre Boulange by Grand Jury for term 1/1/77 to 1/1/81.
Magistrate Court of Glynn County Judge Lloyd E. Grimes by Governor Busbee for term 1/14/77 to 12/31/80.
Magistrate's Division of Recorder's Court, DeKalb County
Judge John Campbell by DeKalb County Board of Commissioners for two-year term beginning 3/28/77 or until successor is named.
Recorder's Court of DeKalb County Judge Joe Johnson by the DeKalb Board of Commissioners for term 3/28/77 to 4/31/78.
Small Claims Court of Bacon County Judge Kathryn Thorton by Waycross Judicial Circuit Judge Ben Hodges for term 12/8/76 to 12/31/78.
Small Claims Court of Bryan County Judge J. R. Deloach by Governor Busbee for term 5/3/77 to 5/3/81.
Small Claims Court of Burke County Judge Robert L. Hunnicutt by Governor Busbee for term 6/1/77 to 6/1/81.
Small Claims Court of Butts County Judge Hugh Glidwell by Grand Jury for term 1/1/77 to 1/1/79.
Small Claims Court of Coffee County Judge Margaret A. Kitchens by Governor Busbee for term 7/1/76 to 4/17/80.
Small Claims Court of Columbia County Judge Lawrence E. Maloriello by Governor Busbee for term 8/16/76 to 7/1/77.
Small Claims Court of Dooly County Judge Claude B. Greene by Governor Busbee for four-year term beginning 7/31/76.
Small Claims Court of Elbert County Judge Robert Christopher Phelps by Grand Jury for term 3/7/77 to 3/7/81.
Small Claims Court of Evans County Judge Larry Anderson by Superior Court for term 2/16/77 to 2/16/81.
Small Claims Court of Henry County Judge John E. Bond by the Grand Jury for term 5/1/76 to 4/30/80.
Small Claims Court of Jefferson County Judge Walter J. Wasden by Governor Busbee for term 7/2/76 to 7/2/80.
Small Claims Court of Jenkins County Judge R. H. Reeves, III, by the Crand Iury for term 1/1/77 to 1/1/79.
Small Claims Court of Lamar County Judge Forrest Watson by the Grand Jury for term 5/22/76 to 12/31/77.
80
Judge Jimmie Burousas by the Crand jury for term 9/14/76 to 12/31/77.
Small Claims Court of Lee County Judge Marlin R. Poole by the Superior Court for term 4/26/77 to 4/26/81.
Small Claims Court of Lowndes County Judge E. Hulyn Smith by the Superior Court for the term 3/10/77 to 12/31/80.
Small Claims Court of Macon County Judge A. C. Culpepper by Governor Busbee for term 2/25/77 to 4/3/80.
Small Claims Court of Newton County Judge John Crosswell by Governor Busbee for term 10/4/76 to 1/1/77.
Small Claims Court of Pike County Judge R. J. Adams by Governor Busbee for term 4/25/77 to 4/27/81.
Small Claims Court of Tattnall County Judge Lamar L. McGregor by Superior Court Judge Davie Caswell for term 12/1/75 to 10/31/79.
Elections
Superior Courts (four-year terms beginning 1/1/77)
Cherokee Judicial Circuit Judge Jere F. White.
Eastern Judicial Circuit Judge Phyllis Kravitch.
Northern Judicial Circuit Judge Ray B. Burruss.
Piedmont Judicial Circuit Judge James L. Brooks.
Stone Mountain Judicial Circuit Judge Robert K. Broome. Judge Keegan Federal.
State Courts (four-year terms beginning 1/1/77)
Chatham County Judge David Elmore.
Clinch County Judge Folks Huxford.
DeKalb County Judge Ralph Carlisle.
Emanuel County Judge Jay Carroll Cox.
Screven County Judge Harry H. Hunter.
Sumter County Judge George Ellis, Jr.
Toombs County Judge Marvin Hartley, Jr.
Probate Courts (four-year terms beginning 1/1/77)
Appling County Judge Diane Hallman.
Bacon County Judge Cecil Jackson.
Bleckley County Judge Robert Johnson.
Brooks County Judge Remer Edmondson.
Butts County Judge Gene Blue.
Candler County Judge Paul Bland.
Catoosa County Judge Sam T. Dills.
Clarke County Judge Margaret P. Hartman.
Clinch County Judge Margaret H. Blitch.
Dawson County Judge Joe Lane Cox.
Early County Judge Eleanor P. Sheffield.
Effingham County Judge Francis Y. Seckinger.
Fannin County Judge Richard P. Arp.
Fulton County Judge Floyd E. Propst.
Greene County Judge Bobby Roper.
Haralson County Judge W. Harold Blackmond.
Lee County Judge Jeanette T. Long.
Long County Judge Robert N. Milton.
Madison County Judge Donald Hoppy Royston.
Miller County Judge Frankie M. Phillips.
Murray County Judge Harlan Peeples.
Newton County Judge Henry Baker.
Oglethorpe County Judge James R. Tiller.
Small Claims Court of Wilkes County Judge Tharon Aldridge by Governor Busbee for term 1/6/77 to 12/31/80.
Traffic Court of Atlanta Judge Louise Hornsby by Mayor Maynard Jackson for indefinite term beginning 5/3/77.
Pickens County Judge D. Rodney Gibson.
Pierce County Judge Loleta W. Harris.
Spalding County Judge John E. Snider.
Stewart County Judge Jimmy B. Brazier.
Taylor County Judge Ronnie A. Darker.
Telfair County Judge Charlie Thomas.
Towns County Judge Reuben Walls.
Wayne County Judge Christine Burch.
Wilkinson County Judge Lloyd Gibbs.
Special Courts
Civil Court of Richmond County Chief Judge J. Bacheller Flythe for four-year term beginning 1/1/77. Associate Judge Oliver K. Mixon for four-year term beginning 1/1/77.
Criminal Court of Fulton County Judge William H. Alexander for six-year term beginning 1/1/77. Judge Nick Lambros for six-year term beginning 1/1/77.
County Court of Echols County Judge Leroy Price for four-year term beginning 1/1/77.
Small Claims Court of Camden County Judge Dwight R. McCollough for two-year term beginning 1/1/77.
Small Claims Court of Troup County Judge Ellen Higginbotham Hobley for two-year term beginning 1/1/77.
81
Analysis of Statewide Judicial Manpower Changes During Fiscal Year 1977
(July 1, 1976 to June 30, 1977)
Judges Beginning First Terms
Judges Leaving the Bench
Court
Total No" Judgeships
Method of Selection
N ew Eleeted Appointed [udgeship
Supreme Court
7
1
Court of Appeals
9
4
Superior Courts
90
6
7
4
State Courts
75
5
2
2
Juvenile Courts
(full and part-time)
38
2
4
Probate Courts
159
32
2
Total No. New Judges
Reason for Leaving
Failed to be. Retired Resigned Reelected
Total No. Judges
Leaving the Bene:
1
1
1
4
1
2
3
17
2
5
6
13
9
-
2
5
9
6
1
2
3
34
1
32
33
>As of June 30, 1977.
I
Total number of judges leaving the bench does not match total number of new judges in some cases because of vacancies which existed at; the beginning or end of the fiscal year.
82
Appendix Eight
1977 Statutes Affecting the Judiciary
HB 32 HB 33 HB 48 HB 58 HB 81 HB 128 HB 130
Additional Superior Court Judge - Clayton (Act # 237) Adds one judge to the Superior Court, Clayton Judicial Circuit so as to provide for three judges in said court. Provides for the appointment, election, term of office, salary and other provisions dealing with the new office. (Ga. Laws 1977, p. 541, effective 7/1/77)
Procedure to Determine Judge to Preside Over Election Contest (Act #11) Amends code section 34-1704, relating to venue in election contests; so as to change the procedure for determining which judge shall preside over an election contest. (Ga. Laws 1977. p. 175, effective 7/1/77)
Institutional Personnel Reporting Suspected Child Abuse (Act #102) Amends the Georgia Code concerning the reporting of suspected child abuse by requiring that psychologists and day-care personnel report suspected instances of child abuse to the appropriate agency designated by the Department of Human Resources. (Ga. Laws 1977, p. 242, effective 7/1/77)
Minimum Salaries for Clerks of Superior Courts (Act #239) Amends Title 24 pertaining to minimum salaries for clerks of superior courts, to change minimum salaries. The act also provides for additional minimum salaries for clerks who also serve as clerks of juvenile courts. (Ga. Laws 1977, p. 547, effective 7/1/77)
Bail Bonds, Recognizances (Act #17) Amends code section 27-1402, relating to bail bonds. The Act provides for proceedings to forfeit bonds or recognizances upon failure of the principal to appear, and the prosecutor can initiate such proceedings. (Ga. Laws 1977, p. 179, effective 7/1/77)
Superior Court Clerk's Retirement Benefits (Act #643) Provides for additional and increased costs and fees to be used for retirement benefits for clerks of the superior courts. (Ga. Laws 1977, p. 1098, effective 7/7/77)
Fees for Justices of the Peace (Act #74) Amends code section 24-1601, relating to fees for justices of the peace. The act provides a fee schedule for applications for arrest and search warrants while repealing fees for issuing arrest and search warrants. (Ga. Laws 1977. p. 196, effective 2/25/77)
HB 143 HB 145 HB 156 HB 166 HB 169 HB 243
HB 252
Compensation of Justices of Peace in Criminal Cases (Act #75) Amends an act providing manner in which justices of the peace and notaries public ex officio justices of the peace shall be compensated in criminal cases; provides for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant. (Ga. Laws 1977, p. 1977, effective 2/25/77)
Additional Superior Court Judge, Middle Judicial Circuit (Act #244) Adds one judge to the Superior Court, Middle Judicial Circuit, so as to provide for two judges in said court. The act provides for the appointment, election, term of office and other provisions dealing with the new office. (Ga. Laws 1977, p. 563, effective 3/23/77)
Additional Superior Court Judge, Northern Judicial Circuit (Act #247) Adds one judge to the Superior Court, Northern Judicial Circuit providing for the appointment, election and other provisions of the office. (Ga. Laws 1977, p. 572, effective 7/1/77)
Powers of the Supreme Court (Act #249) Amends code chapter 24-39, relating to powers of the Supreme Court. Act authorizes the Supreme Court to receive and answer certificates as to State law from federal appellate courts. (Ga. Laws 1977, p. 577, effective 7/1/77)
Interstate Compact on the Placement of Children (Act #250) Provides that the State of Georgia shall be a party to the "Interstate Compact on the Placement of Children" (Ga. Laws 1977, p. 578, effective 3/23/77)
Employer Contributions to Superior Court Judges Retirement System (Act #263) Amends act creating the Superior Court Judges Retirement System; provides that employer contributions paid to the Board of Trustees on behalf of members withdrawing before acquiring a vested right not be returned to the employer but shall be retained as acturial gains and be applied toward future decrease of employer contributions. (Ga. Laws 1977, p. 607, effective 3/23/77)
Immunity for Persons Making Reports Concerning Licenses to Practice Medicine (Act #186) Amends code section 84-916, relating to the refusal or revocation of licenses to practice medicine. Act provides for civil and criminal immunity for persons making reports and testifying concerning the refusal or revocation of licenses to
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HB 261 HB 285 HB 322 HB 323 HB 358 HB 360 HB 443 HB 481
practice medicine. (Ga. Laws 1977, p. 317, effective 7/1/77)
Child Support: Divorce and Custody (Act #265) Provides for a revision to the Georgia Code concerning the provision for fixing child support in circumstances where custody of a minor child is awarded to the mother as part of the divorce decree. (Ga. Laws 1977, p. 619, effective 7/1/77)
Facsimile Signatures: Superior Court Clerks (Act #269) Provides that the clerk of the superior court of each county of this state may authorize the execution of any public securities requiring or permitting his signature with an engraved, imprinted stamp or otherwise reproduced facsimile of such signature. (Ga. Laws 1977, p. 633, effective 3/23/77)
Child Support Recovery Act Clarification (Act #732) Provides for a revision in the Child Support Recovery Act so as to clarify the responsibility of the Department of Revenue to provide the Department of Human Resources with income tax information pertaining to the parents of children for whom the Department has custody. (Ga. Laws 1977, p. 1279, effective 7/1/77)
Child Support: Public Assistance (Act #272) Provides for a revision to the Child Support Recovery Act to allow the debt owed the State by the individual responsible for the support to be established by a legal process other than a court order. (Ga. Laws 1977, p. 643, effective 7/1/77)
Indictments, Presentments and Accusations (Act #740) Amends code chapter 27-7, relating to indictments, presentments, and accusations in general, provides for joinder of offenses, relief from prejudicial joinder and trial together of indictments or accusations. (Ga. Laws 1977, p. 1293, effective 4/8/77)
Increase of Salaries of District Attorneys and Secretaries of Superior Court Judges and District Attorneys (Act #279) Amends act fixing the salaries of superior court judges to provide salary increases for secretaries of district attorneys and of superior court judges. (Ga. Laws 1977, p. 668, effective 7/1/77)
Office of JP Emeritus (Act #658) Provides that in all counties in the state having a population of not less than 190,000 nor more than 300,000 the office of Justice of the Peace Emeritus shall be created. Act provides for the qualifications, duties, powers and compensation of such officer. (Ga. Laws 1977, p. 4213, effective 3{30/77)
Qualifications of Grand Jurors (Act #195) Amends code section 59-201, relative to qualifications of grand jurors; act changes the qualifying age for grand jurors from 21 years or more to 18 years or older. (Ga. Laws 1977, p. 341, effective 7/1/77)
HB 509 HB 526 HB 559 HB 565 HB 576 HB 704
HB 718 HB 728
Additional Superior Court Judge, Tallapoosa Judicial Circuit (Act #291) Adds one judge to the Superior Court, Tallapoosa Judicial Circuit, so as to provide for three judges in said circuit; provides for appointment, election, term of office, duties and other provisions dealing with the new office. (Ga. Laws 1977, p. 687, effective 7/1(77)
Additional Superior Court Judge, Griffin Judicial Circuit (Act #293) Adds one judge to the Superior Court, Griffin Judicial Circuit, so as to provide for two judges in said court; provides for the appointment, election, term of office and other provisions dealing with the new office. (Ga. Laws 1977, p. 693, effective 7/1/77)
Uniform Reciprocal Enforcement of Support Act Clarification (Act #296) Provides for a revision to the Uniform Reciprocal Enforcement of Support Act to allow for the determination of paternity. (Ga. Laws 1977, p. 699, effective 7/1(77)
Expansion of Definition of Term "Child" (Act #297) Amends code section 24A-401 of Juvenile Court Code; redefinition of the term "child" as it relates to deprived children-to include anyone under the age of 18 years. (Ga. Laws 1977, p. 700, effective 7/1(77)
Jurisdiction of Court of Appeals and Supreme Court (Act #299) Provides that the Court of Appeals has jurisdiction in cases involving armed robbery, rape, and kidnapping wherein the death penalty has not been imposed and Supreme Court has jurisdiction in cases involving State revenue, contested elections, and the validity of legislative enactments of municipalities. (Ga. Laws 1977, p. 710, effective 7/1(77)
Bail for Felony Commitments (Act #203) Amends code section 27-418, relating to commitment and bail; provides that no person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount of the bail fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred; provided, however, the sheriff shall publish and post written rules and regulations defining acceptable sureties and prescribing under what conditions sureties may be accepted; provided further this act shall not abrogate or repeal the common law authority of the judge having jurisdiction. (Ga. Laws 1977, p. 346, effective 3/1/77)
Small Claims Court, Elbert County (Act #148) Act creates and establishes a Small Claims Court in and for Elbert County. (Ga. Laws 1977, p. 2940, effective 7/1(77)
Small Claims Court, Fayette County (Act #276) Creates and establishes a Small Claims Court for
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HB 810 HB 834 HB 837 HB 840
HB 853 HB 976
Fayette County. (Ga. Laws 1977, p. 4243,effective 7/1/77)
Lee County Small Claims Court (Act #152) Creates a Small Claims Court in Lee County. (Ga. Laws 1977, p. 270, effective 7/1/77)
Deletion of Authority of Department of Offender Rehabilitation to Supervise Parolees (Act #678) Provides that the function and responsibility of supervising all persons placed on parole or other conditional release by the State Board of Pardons and Paroles is transferred to the State Board of Pardons and Paroles and deletes the authority of the Division of Community-Based Services of the Department of Offender Rehabilitation to supervise parolees. (Ga. Laws 1977, p. 1209, effective 7/1/77)
Small Claims Court, Ben Hill County (Act #157) Creates and establishes a Small Claims Court in and for Ben Hill County. (Ga. Laws 1977, p. 2972, effective 7/1/77)
Small Claims Court, Randolph County (Act #443) Creates and establishes a Small Claims Court in and for Randolph County. (Ga. Laws 1977, p. 3440, effective 7/1/77)
Commitment of Mentally III and Retarded Children (Act #331) Provides for a revision to the Juvenile Court Code of Georgia as it relates to the securing of hospitalization for mentally ill and mentally retarded children. Further provides for a redefinition of the methods and procedures for conducting commitment proceedings. (Ga. Laws 1977, p. 774, effective 7/1/77)
Civil Court of Bibb County (Act #445) Amends act creating the Civil Court of Bibb County so as to provide for the judge of the civil court of said county to have the power and right to appoint a competent and disinterested attorney-at-law and resident of Bibb County to preside over the civil court as judge pro tempore who shall exercise all the functions and powers of the judge thereof; provides that judge pro tempore shall serve at the pleasure of the judge and shall also serve concurrently with the judge to assist the judge when the courts business is deemed heavy enough to require such assistance. (Ga. Laws 1977, p. 3453, effective 7/1/77)
Small Claims Court, Candler County (Act #221) Creates and establishes a Small Claims Court in and for Candler County. (Ga. Laws 1977, p. 3132, effective 7/1/77)
Additional Superior Court Judge, Chattahoochee Judicial Circuit (Act #336) Adds one judge to the Superior Court, Chattahoochee Judicial Circuit, so as to provide for four judges in said court; provides for appointment, election, term of office, and other provisions dealing with the new office. (Ga. Laws 1977, p. 784, effective 1/1/78)
HB 1151 HB 1155 HB 1175 HB 1203
Small Claims Court, Thomas County (Act #580) Creates a Small Claims Court of Thomas County. IGa. Laws 1977, p. 4043, effective 7/1/77)
Small Claims Court, Walton County (Act #583) Creates and establishes a Small Claims Court for Walton County. (Ga. Laws 1977, p. 4057, effective 7/1/77)
Small Claims Court, Jeff Davis County (Act #596) Creates a Small Claims Court in Jeff Davis County. (Ga. Laws 1977, p. 4097, effective 7/1/77)
Small Claims Court, Dodge County (Act #609) Creates and establishes a Small Claims Court in and for Dodge County. (Ga. Laws 1977, p. 4135, effective 7/1/77)
HR 35-158
Troubled Children Study Committee (Act #2) Establishes a committee to study programs and services provided to the troubled children of this state. The committee also is authorized to prepare legislation necessary to improve existing services, and to study budget proposals necessary to improve on existing services and to implement such improved services. This committee shall make a report of its findings and recomrnendathe Supreme Court, Chief Judge of the Court of any, to the 1978 Session of the General Assembly. (Ga. Laws 1977, p. 237, effective 4/1/77)
HR 116-513
Justice of the Peace Study Committee (Act #6) Creates the Justice of the Peace Study Committee; authorizes the committee to study the laws of this state and other states relative to justices of the peace and the needs of the judicial system in each county; to review the qualifications and compensations of the justices of the peace and make a report of its findings and recommendations with suggestions for proposed legislation, if any, to the 1978 session of the General Assembly. (Ga. Laws, 1977, p, 172, effective 3/23/77)
HR 118-513
Compensation of Victims of Crime Study Committee (Act #7) Creates the Compensation of Victims of Crime Study Committee, to be composed of three members of the Senate, three members of the House, and three gubernatorial appointees. Committee authorized to investigate and study the issues and problems relating to the feasibility of compensating victims of crime; and report its findings and recommendations to the 1978 General Assembly. (Ga. Laws 1977, p. 173, effective 3/23/77)
HR 135-588
Select Committee on Constitutional Revision (Act #26) Creates the Select Committee on Constitutional Revision composed of the Governor, Lt. Governor, Speaker of the House, Chief Justice of the Supreme Court, Chief Judge of the court of Appeals, Attorney General, Chairman of Judiciary Committee of the Senate, Chairman of Judiciary Committee of the House, and a trial judge appointed by the Judicial Council. Defines its
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duties and procedures. (Ga. Laws 1977, p. 180, effective 3/30/77)
HR 217-838
Code Revision Commission (Act #9) Creates the Code Revision Commission. The Commission shall continue the work of the Code Revision Study Committee and is authorized to select a publisher to conduct revision of the code and the laws of Georgia. (Ga. Laws 1977, p. 2505, effective 3/23/77)
SB 12 SB 17 SB 18 SB 35 SB 55 SB 65 SB 100
SB 104
Additional Superior Court Judge, Alapaha Judicial Circuit (Act #340) Adds one judge to Superior Court, Alapaha Judicial Circuit, so as to provide for two judges in said circuit. Provides for the appointment, election, term of office, duties, and other provisions. (Ga. Laws 1977, p. 793, effective 7/1/77)
Jurisdiction and Parental Rights (Act #27) Amends code Title 24A of Juvenile Court Code, concerning the jurisdiction of the Juvenile Courts over certain matters involving the termination of parental rights. (Ga. Laws 1977, p. 181. effective 7/1/77)
Revision of Adoption Laws (Act #85) Comprehensively revises the adoption laws of this state; provides for jurisdiction and venue; defines who may adopt, requirements and form of a surrender of parental rights, contents of an adoption petition and numerous other provisions to implement the act. (Ga. Laws 1977, p. 201, effective 1/1/78)
Small Claims Court, Evans County (Act #24) Establishes a Small Claims Court for Evans. County. (Ga. Laws 1977, p. 2616, effective 3/1/77)
Hearsay Evidence: Medical Statements (Act #88) Amends Code Chapter 38-3, relating to hearsay evidence; provides that certain statements for purposes of medical diagnosis or treatment shall be admissible as evidence. (Ga. Laws 1977, p. 226, effective 7/1/77)
Appointment of Juvenile Judge Pro Tempore (Act #347) Amends Code Section 24A-3701 of Juvenile Court Code; redefinition of the conditions under which a Juvenile Court Judge Pro Tempore may be appointed by expanding the geographic boundary from which he may be appointed. (Ga. laws 1977, p. 812, effective 7/1/77)
Apprehension, Custody and Release of Juveniles (Act #724) Amends Code Title 24A, Juvenile Court Code; attempts to safeguard rights of juveniles by establishing a "juvenile court intake officer" and changing provisions relating to the apprehension, custody and release of children. Further provides for the definition of a "status offender." (Ga. Laws 1977, p. 1237, effective 12/31/78)
Additional Superior Court Judge, Gwinnett Judicial Circuit (Act #353) Adds one judge to the Superior Court, Gwinnett
SB 145
SB 151 SB 166 SB 197 SB 198 SB 292
Judicial Circuit; provides for the appointment, election, term of office, duties, jurisdiction, salary and other provisions dealing with the new office. (Ga. Laws 1977, p. 837, effective 7/1/77)
District Attorneys: Compensation, Travel Expenses, Additional Staff, etc. (Act #729) Provides travel expenses, compensation of attorneys acting as district attorneys pro tempore, costs in appeals by State, costs in cases removed to U.S. District Court; provides that district attorneys may not engage in private practice; adds one assistant district attorney in each judicial circuit; provides for repeal of sections such as 824-2910 (reporting of status of case); authorizes the attorney general to order any district attorney to represent or counsel certain officials and employees charged with violating federal laws or regulations; other provisions included. (Ga. Laws 1977, p. 1257, effective 4/6/77)
Retirement Benefits for Widows of Judicial Officers (Act #386) Amends Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County; provides that the widow of any officer who is otherwise ineligible for retirement benefits shall be eligible for retirement benefits upon attaining 62 years of age if the officer has elected to secure retirement benefits for his widow. (Ga. Laws 1977, p. 3186, effective 7/1/77)
Attendance Outside the State by Witnesses Confined in Georgia Penal Institutions (Act #359) Amends uniform act to secure the attendance of witnesses from without the State approved March 31,1976 (Ga. Laws 1976, p. 1366); provides the requesting jurisdiction may be required to perform the physical transfer of the prisoner, provide proper safeguards on his custody in transit, and be liable and pay for all expenses incurred in producing and returning the prisoner. (Ga. Laws 1977, p. 847, effective 3/23/77)
Municipal Courts (Act #632) Amends Uniform Act Regulating Traffic on Highways; provides for jurisdiction of municipal courts to try and dispose of violations of Section 1260 of the act when the offense occurred within the corporate limits of the municipality. (Ga. Laws 1977. p. 1037)
Municipal Courts (Act #633) Amends Article IV of the Driver's Licensing Act approved April 24, 1975 (Ga. Laws 1975, p. 1008); provides for jurisdiction of municipal courts to try and dispose of violations under this chapter when the offense occurred within the corporate limits of municipality. (Ga. Laws 1977, p. 1038, effective 7/1/77).
Magistrate's Court, Baldwin County (Act #388) Creates the Magistrate's Court of Baldwin County. (Ga. Laws 1977, p. 3197, effective 4/1/77)
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SB 293 SB 305 SB 312
SB 325
SR 14
Magistrate's Court, Putnam County (Act #101) Creates the Magistrate's Court of Putnam County and provides that the judge of Small Claims Court shall serve as the magistrate, and other provisions. (Ga. Laws 1977, p. 239, effective 4/1/77)
Small Claims Court, Bryan County (Act #734) Creates and establishes a Small Claims Court in and for Bryan County. (Ga. Laws 1977. p. 4504, effective 7/1/77)
Appointment of Guardian (Act #378) Amends Code Section 49-604 relating to the procedure of appointment of guardian for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estate, as amended; provides that the Commissioner of Human Resources or his duly appointed delegate may take the oath of guardianship before the judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship. (Ga. Laws 1977, p. 896, effective 3/23/77)
Procedures Subsequent to an Arrest by a Private Person (Act #381) Amends Chapter 27-2, relating to arrests; provides that a private person who has made an arrest shall without any unnecessary delay take the person arrested before a magistrate or deliver such person and all effects removed from him to a peace officer; provides that a peace officer who in good faith and within the scope of his authority takes custody of a person arrested by a private person shall not be liable at law for false arrest or false imprisonment. (Ga. Laws 1977, p. 902, effective 7/1/77)
Recall of Elective Public Officials Proposes amendment to Constitution to provide for the recall of State, county and municipal
SR 17 SR 103 SR 164 SR 197
public officials who hold elective office (to be voted on in November 1978 general election).
Minimum Sentencing Study Committee Creates the Minimum Sentencing Study Committee composed of five members of the Senate appointed by President of the Senate to investigate and propose legislation respecting mandatory minimum sentencing of criminals without opportunity for parole. (Effective 3/10/77)
Juvenile Court Judge Qualifications Study Committee Creates the Juvenile Court Judge Qualifications Study Committee composed of five members of the Senate appointed by the President to investigate and study the issues of juvenile court judge upon the appointment of the chairman by president of the Senate. (Effective 3/10/77)
Juvenile Offenders Study Committee Creates the Juvenile Offenders Study Committee to be composed of five members of the Senate appointed by the President; authorizes and directs the committee to conduct a thorough study of the juvenile laws of this State and other states, with particular emphasis on the desirability and feasibility of granting mandatory probation to first offenders except in cases involving extenuating circumstances. (Effective upon appointment by the President of the Senate.)
Juvenile Crime and Violence Study Committee Creates the Juvenile Crime and Violence Study Committee composed of three members of the Senate appointed by the President; authorizes and directs the committee to study and make recommendations regarding juvenile crime and violence, especially as it affects the schools of this state. (Effective upon appointment by the President of the Senate.)
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