- Collection:
- Georgia Government Publications
- Serial:
- Annual report / Judicial Council of Georgia, Administrative Office of the Courts.
- Title:
- Fifteenth annual report on the work of the Georgia courts [Feb. 1989]
- Creator:
- Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Contributor to Resource:
- Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Publisher:
- Atlanta, Ga. : Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Date of Original:
- 1989-02
- Subject:
- Georgia
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- publications (documents)
- Type:
- Text
- Format:
- application/pdf
- Description:
- FY 1999-
Title from cover.
Report year covers July 1st-June 30th.
Latest issue consulted: 2009/2010. - External Identifiers:
- Call Number GA J800 .A1 1988
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bj800-b-pa1-b1988
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bj800-b-pa1-b1988
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
Fifteenth Annual Report on the Work of the Georgia Courts
(July 1, 1987-June 30, 1988)
Judicial Council of Georgia Administrative Office of the Courts
Fifteenth
Contents
Annual Report
The Courts in Review: FY 1988
Supreme Court
7
on the
Court of Appeals
9
Work of the
Superior Courts
10
Georgia Courts
State Courts
14
FY 1988
Juvenile Courts
15
Probate Courts
19
Magistrate Courts
23
(July 1, 1987- June 30, 1988}
Other Courts
26
Judicial Agencies
27
Judicial Council/Administrative Office of the Courts
27
Board of Court Reporting
31
Council of Juvenile Court Judges
32
Council of Superior Court Judges
34
Georgia Indigent Defense Council
34
Georgia Magistrate Courts Training Council
35
Institute of Continuing Judicial Education
36
Judicial Administrative Districts
38
Judicial Nominating Commission
39
Judicial Qualifications Commission
39
Superior Courts Sentence Review Panel
41
Appendix 1: Judicial Personnel Changes
42
February 1989
Judicial Council of Georgia Administrative Office of the Courts Suite 550 244 Washington Street, SW Atlanta, Georgia 30334
The Fifteenth Annual Report on the Work of the Georgia Courts is published by the Judicial Council of Georgia/Administrative Office of the Courts in compliance with OCGA 15-5-24 and by Order of the Supreme Court of Georgia dated June 12, 1978.
All rights reserved. Inquiries for use of any material should be directed to: Senior Communications Officer, Administrative Office of the Courts of Georgia.
Judicial Council Chief Justice Thomas 0. Marshall Chainnan
of Georgia
Supreme Court Atlanta
Judge Eugene E. Lawson First Vice President Council of Probate Court Judges
Jonesboro
January 1989
Presiding Justice Harold G. Clarke Vice Chainnan Supreme Court Atlanta
Judge Hugh Lawson Administrative Judge Eighth District Hawkinsville
Judge Nancy K. Aspinwall President Council of Probate Court Judges Hinesville
Judge T. Jefferson Loftiss, II President Council of Juvenile Court Judges Thomasville
Chief Judge George H. Carley Court of Appeals Atlanta
Judge John D. Crosby Administrative Judge Second District Tifton
Judge Joe C. Crumbley Administrative Judge Sixth District Jonesboro
Judge Charles B. Mikell, Jr. President-elect Council of State Court Judges Savannah
Judge Alan F. Pilcher President Council of Magistrate Court Judges Gainesville
Judge John W. Sognier Court of Appeals Atlanta
Judge James E. Findley Administrative Judge First District Reidsville
Judge Robert B. Struble Administrative Judge Ninth District Toccoa
Judge William M. Fleming, Jr. Administrative Judge Tenth District Augusta
Judge Curtis V. Tillman Administrative Judge Fourth District Decatur
Judge Hilton Fuller President Council of Superior Court Judges Decatur
Judge Herbert Wells President-elect Council of Juvenile Court Judges Perry
Judge George W. Harris First Vice President Council of Magistrate Court Judges Ft. Valley
Judge Watson L. White Administrative Judge Seventh District Marietta
Judge Ralph H. Hicks Administrative Judge Fifth District Atlanta
Judge Thomas D. Wilcox, Jr. President-elect Council of Superior Court Judges Macon
Judge Walker P. Johnson, Jr. Administrative Judge Third District Macon
Judge Anne Workman President Council of State Court Judges Decatur
Foreword
This Fifteenth Annual Report on the Work of the Georgia Courts, prepared by the Administrative Office of the Courts, is issued pursuant to the requirement of Ga. Laws 1973, p. 288, and by Order of the Supreme Court of Georgia dated June 12, 1978.
The state of the Georgia judiciary is excellent and continues to improve as it responds to the challenges of new developments in the law and making justice more speedily available to our citizens. Substantial progress is being made to reduce the time lag between the initiation of a lawsuit or an indictment and its final disposition, even though in 1987 our superior courts experienced an increase in cascload of 40 cases for each judge.
At mid-year, I was privileged to make a report to a joint session of the 1988 General Assembly as a result of the first invitation extended by the legislative branch to the judicial branch in several years. It is hoped that addrc:-,s signified an increased interest by tlw legislature in the affairs of the judiciary and th<tl a spirit uf COllfX'rati,m as to the professional needs of each branch is evolving.
Enactments by tlh' ll'gislatun arc lwlping our judges to m<magL' their rising cascloads. The Ccncral Assembly granted funds to the Court of Appeals for a pre-appeal settlement pmgrdrn which provides an opportunity for litig,mts to voluntarily resolve i~sucs remaining after trial and prior to appeal. Tht' legislature allocdted funds toward the establishment of the Georgia Appellate Practice and Educational Resource Center to provide legal representation in post-conviction actions for indigent inmc~tcs sentenced to death. Legislative ,1Cti(1ll g,lVc the judiciary two additional superior court judges and one '-.tate cmtrt judge in 19S8. Other improvtmcnts arc enactments nf domestic violence lavvs, tort reform and driving under the influence laws.
Computer usc continues tu cxpar1d in our courts. Jury manag:ment and record indexing have replaced word pnx:cs:-,ing and financial accounting ,ls the most common c1pplications, and more and more courts are using computerized case docketing. Leaders among our superior court judges and clerks have developed software standards for the computerization of functions under uniform record keeping requirements. A recent legislative act has authorized the establishment of a computer system, contingent upon funding, through which all superior court clerks can make direct inquiries to the Secretary of State concerning corporate matters. This same system also can be used as a network connecting all 159 of these clerks' offices as well as linking them with the Administrative Office of the Courts.
This annual report is presented to inform the Governor, the General Assembly and the public of judicial branch activities carried out in response to the varied duties and responsibilities with which the courts, their officials and administrative agencies arc charged. Readers arc invited to revie\v the following pages to observe ongoing improvement in the administration of justice in Georgia.
Thomas 0. Marshall Chairman Judicial Council of Georgia
Filing and disposition figures included in this report cannot, and should not, be considered a complete measurement of judicial workload borne by any given judge in any given court. While more detailed case types and disposition methods may represent more accurately the amount of judicial time required of judges in processing their caseloads, statistics alone cannot describe the relative contributions by various members of the judiciary in the performance of their official duties, nor are they indicative of the effort a judge has put forth or of the hours he or she has spent in performing the duties of his or her office.
For example, a judge might spend a week or more presiding over a felony case in which the death penalty is sought. In that same week another judge might hear dozens of uncontested divorces, traffic cases, or minor civil cases without a jury. In the first example, the judge will dispose of only one case, while the second judge disposes of dozens of cases. Both judges, however, may have expended the same amount of time and effort, and both have performed duties of his or her office and provided required judicial services for the citizens of Georgia. Therefore, this report should not be used to evaluate or compare judicial performance.
The Courts
in Review: FY 1988
Georgia judges and court officials at every level joined forces in FY'88 to confront the issue of court delay and problems associated with reducing the time a c::tse is in the court system. State trial judges' representatives met as a conclave for the first time in March 1988 to discuss concerns common among their five classes of courts. A meeting of the StateFederal Judicial Council, attended by 39 trial and 3.ppellate judges from the two court systems, was held in June to provide a forum for the exchange of information and to seek greater uniformity in procedural matters.
In addition, a "supercommittee" on uniform court rules also met in June to devise a rule to resolve calendar conflicts when attorneys have cases in more than one court. All three of these groups made plans to convene in the future for further discussions.
In his state of the judiciary address to a joint session of the 1988 General Assembly in January, the first speech before that branch in several years, Chief Justice Thomas 0. Marshall noted the judiciary's efforts to reduce backlog and to handle increases in litigation. From 1986 to 1987, Supreme Court dispositions increased by more than 12 percent. The Court of Appeals continued to deal promptly with its cases even though faced with the second highest caseload in its history.
In the past decade, there has been a 25 percent reduction in the total number of pending civil and criminal cases in the superior courts, despite a 50 percent increase in case filings. Limited jurisdiction courts are attempting to maintain high disposition rates as more and more demands are made on county resources.
In his report to the legislature, the Chief Justice appealed to the legislature to support and cooperate with the state's judicial
branch in facing the magnitude of current-day litigation. By the end of the 1988 session, it was clear there had been a positive response to his request. The General Assembly approved measures creating additionc:>~ manpower slots both on the circuit and county levels for jurisdictions encountering burgeoning caseloads. Both superior court judgeships recommer~ded by the Judicial Council of Georgia were established--in the Appalachian and Stone Mountain judicial circuits--to take effect at the beginning of the 1989 fiscal year. A third judgeship 'vas created for the State Court of Clayton County as well. The legislature also adopted a measure to abolish the State Court of Macon Counly at the end of 1988.
As the result of a Court of Appeals proposal pending from 1987, the legislature granted that court authority to establish by rule an appellate settlement conference procedure to ultimately reduce the number of appeals before the court. The voluntary, pre-appeal system, already operating in some form in 20 other states, utilizes retired appellate and superior court judges as settlement conference arbiters. Savings in litigants' resources and court time are expected consequences of the procedure's implementation.
The legislature reacted to a 1987 State Commission on Compensation recommendation on state judicial officials' salaries by providing a pay boost to appellate and superior court judges. The seven Supreme Court justices and nine Court of Appeals judges realized salary increases of 4 percent, while superior court judges received an increase of 5.4 percent.
In addition, the General Assembly raised the minimum salaries of chief magistrates by 50 percent. The minimum monthly salary for magistrates was also increased effective January 1, 1989, from $50 to $250 .
1
15th Annual Report
Also, beginning January 1, 1989, periodic cost-of-living adjustments will be made to the minimum annual salaries paid to constitutional county officers, including probate court judges and superior court clerks. Legislative action tied these raises to cost-ofliving increases received by employees in the classified service of the state merit system.
The General Assembly also approved new statutes providing for the creation of the Council of State Court Judges, the Council of Probate Court Judges and the Council of Magistrate Court Judges as separate agencies of the state.
The legislature also established the Commission on Children and Youth, which includes representatives of the Supreme Court, the Court of Appeals and
the superior, state and juvenile court judges' councils. The commission will coordinate efforts and foster communication between providers of services to the state's children and young people and provide them with information about related policies and programs of the courts.
During the FY'88 session, the legislature enacted a comprehensive AIDS bill designed to strike a balance between protecting public health and preserving individual privacy and which conferred jurisdiction over cases seeking to compel individuals to undergo testing on the superior courts.
Another statute created the Georgia Crime Victims Compensation Board to hear and determine claims for crime victims assistance, with maximum awards of $1,000, and a proposed referen-
dum authorizes the appropriation of funds for this purpose.
The legislature appropriated $150,000 as part of the Judicial Council's FY 1989 budget to partially fund the Georgia Appellate Practice and Educational Resource Center which will provide assistance with legal representation for indigent, death-sentenced inmates who pursue post-conviction remedies in the state and federal courts.
Formed under the 1984 Federal Child Support Enforcement Amendments (Public Law 98378), the Governor's Commission on Child Support issued its Recommended Guidelines for Setting Child Support Awards. The guidelines, which became effective October 1, 1987, are intended to aid superior and juvenile court judges in determining consistent
State Appropriations for the Judicial Branch: Fiscal Years 1987, 1988 and 1989
Budget Unit/Agency
FY 1987 Amended Appropriation
FY 1988 Amended Appropriation
Percent Change FY '87-88
FY 1989 General Appropriation
Percent Change FY '88-89
Supreme Court
$3,196,779
Court of Appeals
3,903,943
Superior Courts (Total) Operations Council of Superior Court Judges Judicial Administrative Districts Prosecuting Attorneys' Council Sentence Review Panel
30,602,026 29,100,167
68,895 737,526 576,766 118,672
Juvenile Courts (Total) Operations Council of Juvenile Court Judges
227,544 0
227,544
Institute of Continuing Judicial Education (Total) Operations Magistrate Courts Training Council
318,334 280,000
38,334
Judicial Council (Total) Operations Board of Court Reporting Case Counting Council of Magistrate Court Judges Council of Probate Court Judges Council of State Court Judges Resource Center
708,215 566,668
23,047 69,000 20,000 20,000
9,500 0
Judicial Qualifications Commission
105,292
Judicial Branch Totals
$39,062,133
$3,654,950
4,075,070
33,548,469 31,956,205
71,399 735,289 667,787 117,789
289,331 0
289,331
467,268 376,250
91,018
774,675 629,565
25,110 70,500 20,000 20,000
9,500 0
106,000
$42,915,763
14.3%
4.4%
9.6% 9.8% 3.6% -0.3% 15.8% -0.7%
27.2%
27.2%
46.8% 34.4% 137.4%
9.4% 11.1%
90% 2.2% 0.0% 0.0% 0.0%
0.7%
9.9%
$3,779,608
4,364,874
33,973,431 32,263,776
73,435 768,968 747,652 119,600
348,408 0
348,408
550,368 425,506 124,862
970,663 665,088
28,575 71,000 26,000 20,000 10,000 150,000
109,310
$44,096,662
3.4%
7.1%
1.3% 1.0% 2.9% 4.6% 12.0% 1.5%
20.4%
20.4%
17.8% 13.1% 37.2%
25.3% 5.6%
13.8% 0.7%
30.0% 0.0% 5.3%
3.1%
2.8%
2
FY1988
Five-Year Comparison of .Judicial Budget (1985-1989)
Fiscal year
Total state appropriation
Increase
Judicial appropriation
Percent of Increase state budget
1985 1986 1987 1988 1989
$4,364,827,675 5,225,947,058 5,412,225,000 5,936,113,339 6,254,000,000
$403,998,116 861 '119,383 186,277,942 523,888,339 317,886,661
$33,042,076 36,376,436 39,062,133 42,915,763 44,096,662
$3,032,038 3,334,360 2,685,697 3,853,630 1,180,899
0.76% 0.70% 0.72% 0.72% 0.71%
and equitable child support amounts in domestic relations actions.
The guidelines require Georgia judges to consider all appropriate factors, the needs of the child and the ability of the parents to contribute to the child's support in determining reasonable support payments.
In response to a 1986 legislative directive, the Council of Superior Court Judges completed a study of the use of restitution orders in child abuse cases and released an analysis of data compiled from Department of Corrections records. All superior court
judges were provided with a copy of the legislature's resolution urging judges to consider ordering restitution in cases involving child and sexual abuse in order to assist the victim in obtaining needed medical care and therapeutic counseling.
The $44 million appropriated by the General Assembly to the judicial branch for FY 1989 amounted to a 2.8 percent increase over FY 1988 appropriations. The new appropriation included $518,261 to fund first-time programs or program enhancements: $187,500 to the Court of Appeals for implementation of a computerized docketing system developed jointly with
the Supreme Court ($137,500) and for partial funding of the pre-appeal settlement conferences ($50,000); $150,000 for the Georgia Appellate Practice and Educational Resource Center, Inc., included in the budget for the Judicial Council; $72,000 to the Prosecuting Attorneys' Council for travel expenses of 15 additional investigators; $54,361 to replace federal funding for the Council of Juvenile Court Judges' Permanent Homes for Children in Georgia Program; $48,400 to the Institute of Continuing Judicial Education for an additional conference coordinator ($24,200) and for the Magistrate Courts Training Council ($24,200); and $6,000 to the Council of Magistrate Court Judges for publication of an educational newsletter.
The legislature declined to approve initial funds requested by the Georgia Indigent Defense council ($2.5 million), Executive Probate Judges Council ($8,400) and Superior Court Clerks Training Council ($8,400).
Judicial Branch Budget Units: FY'88 Funds Available and Expenditures
Supreme Court
Court of Appeals
FUNDS AVAILABLE
General Appropriations Supplemental Appropriations Governor's Emergency Funds
Total State Funds Federal Funds Other Funds
$3,654,950 0
5,000 3,659,950
0 391,618
$4,075,070 0
1,200 4,076,270
0 66,839
Total Funds Available
$4,051,568 $4,143,109
EXPENDITURES
Personal Services Regular Operating Expenses Travel Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees & Contracts
$2,906,146 263,788 31,449 112,153 72,370 194,624' 238,446 27,102 201,619
$3,709,601 101,024 21,663 20,875 54,805 3,833 184,525 27,520 18,965
Total Expenditures
$4,047,697 $4,142,811
Superior Courts
Juvenile Courts
Institute of Continuing
Judicial Education
Judicial Council
Judicial Qualifications Commission
Totals
$33,298,469 250,000 145,000
33,693,469 199,707 602,690
$277,268 12,063 10,000
299,331 325,060
41,498
$34,495,866 $665,889
$467,268 0 0
467,268 15,320 9,796
$492,384
$774,675 0 0
774,675 23,398 30,113
$828,186
$106,000 0 0
106,000 0 0
$42,653,700 262,063 161,200
43,076,963 563,485
1,142,554
$106,000 $44,783,002
$32,851,917 516,674 495,714 25,953 48,666 44,590 73,692 34,683 337,680
$253,504 234,366 22,241 6,771 7,206 55,892 8,250 6,135 70,406
$34,429,569 $664,771
$
0
62,605
0
48,450
4,608
35,373
0
79
341,247
$492,362
$537,699 40,631 12,658 59,429 5,644 20,319 28,785 8,316
104,631
$818,112
$61,076 11,273 1,367 245 0 0 968 1,049 13,901
$40,319,943 1,230,361 585,092 273,876 193,299 354,631 534,666 104,884 1,088,449
$89,879 $44,685,201
3
15th Annual Report
The judiciary's share of the entire state budget fell from 0.74 percent in the FY 1988 general appropriation to 0.71 percent in FY 1989.
Supplemental funds were awarded by the General Assembly to judicial branch agencies for the 1988 fiscal year for two superior
court judgeships and to replace federal funds for the Permanent Homes for Children project.
Advances continued to be made in applying computer technology to the needs of the court system. The development of a new generation of powerful but relatively inexpensive minicomputers
and the marketing of software packages specifically designed for use in Georgia courts have played a major role in the dramatic rise in computer usage by all types of courts.
Automated equipment in the Supreme Court can maintain an indexed data base of opinions and
JUDICIAL COUNCIL OF GEORGIA
GEORGIA JUDICIAL DISTRICTS
CIRCUIT BOUNDARY
0
50
4
FY1988
permits access to national electronic law libraries. By the end of FY'88, the Court of Appeals had finalized the design of its computerized docketing system, expecting to be fully operational by January 1, 1989.
There has also been rapid growth in the number of superior courts in less populated counties that now use computers to manage court operations, including docketing, calendering and jury management.
Superior courts in five counties and two judicial circuits received 1987 federal block grants from the U.S. Bureau of Justice Assistance, disbursed through the Governor's Criminal Justice Coordinating Council. The funds are designated for installation of computerized criminal case management systems. These courts in-
eluded the Blue Ridge Judicial Circuit, $12,046; the Superior Court of Bulloch County, $22,758; the Superior Court of Camden County, $15,672; the Superior Court of Clay County, $9,137; the Northern Judicial Circuit, $8,379; the Superior Court of Terrell County, $16,042; and the Superior Court of Whitfield County, $31,230.
In addition, the superior courts in Bibb and Morgan counties received grants of $2,500 and $14,074, respectively, to expand automated systems already operational in FY'88. The State Court of Fulton County combined a $12,700 award with county matching funds to set up a case management system.
In December 1987, the Supreme Court established a continuing education requirement for state court judges by approving Rule 43
of the Uniform Rules for the State Courts. The new rule mandates that every state court judge, including retired and part-time judges who serve more than 30 days a year, attend at least 24 hours of judicial and/or legal education courses accepted for credit by the Institute of Continuing Judicial Education every two years.
Each of the two appellate courts and the five trial courts now has a continuing training requirement for its judges.
Also during the past year, the 10 district administrative judges voted to transfer the Conasauga Judicial Circuit from the Ninth to the Seventh Judicial Administrative District. The change in district boundaries was the result of a request from the circuit's chief judge to more reasonably conform to the geography of the district.
5
15th Annual Report
Georgia Court System: July 1, 1988
Capital felonies. Constitutional issues. Title to land. Wills, equity and divorce.
SUPREME COURT 7 justices Jurisdiction: Appellate jurisdiction over cases of constitutional issue, title to land, validity of and construction of wills, habeas corpus, extraordinary remedies, convictions of capital felonies, equity, divorce, alimony, election contest. Certified questions and certiorari from Court of Appeals.
I
COURT OF APPEALS (3 divisions) 9judges Jurisdiction: Appellate jurisdiction over lower courts in cases in which Supreme Court has no exclusive appellate jurisdiction.
STATE COURT (63 courts) 86 judges 36 full-time, 48 parttime; 2 full-time associates. Jurisdiction (limited): Civil law actions except cases within the exclusive jurisdiction of superior court. Misdemeanors, traffic, felony preliminaries. Jury trials.
SUPERIOR COURT (45 circuits) 137judges Jurisdiction (general): Civil law actions, misdemeanors, and other cases. Exclusive jurisdiction over cases of divorce, title to land, equity Exclusive felony jurisdiction. Jury trials.
I
JUVENILE COURT (159 courts; 62 county-funded) 51 judges: 11 full-time, 40 parttime (2 state court judges serve as part-time juvenile court judges). Superior court judges serve in counties without independent juvenile courts. Jurisdiction (limited): Deprived, unruly, delinquent juveniles. Juvenile traffic. No jury trials.
I J
PROBATE COURT (159 courts) 159judges Jurisdiction (limited): Exclusive jurisdiction in probate of wills, administration of estates, appointment of guardians, mentally ill, involuntary hospitalizations, marriage licenses. Traffic in some counties. Truancy in some counties. Hold courts of inquiry. Issue search warrants and arrest warrants in certain cases.
Counties with population over 150,000 where probate judge is attorney practicing at least seven years. Jury trials.
MAGISTRATE COURT (159 courts) 159 chief magistrates and 267 magistrates; 36 also serve probate, juvenile, civil or municipal courts. Jurisdiction (limited}: Issue search and arrest warrants, felony and misdemeanor preliminaries. Civil claims of $3,000 or less, dispossessories, distress warrants, county ordinances. No jury trials.
I
CIVIL COURT (2 courts) 3judges Jurisdiction (limited): Issue warrants. Misdemeanor and felony preliminaries. Civil tort and contract cases under $7,500 tor Bibb County; under $25,000 tor Richmond County. Jury trials.
I
MUNICIPAL COURT (1 court in Columbus) 1 judge Jurisdiction (limited): Civil law and landlord-tenant cases (civil) under $7,500. Misdemeanor guilty pleas and preliminary hearings. Warrants. Jury trials in civil cases.
I
COUNTY RECORDER'S COURT (4 courts) 8 judges Junsdiction {limited): County ordinances, criminal warrants and preliminaries.
I
MUNICIPAL COURTS (Approximately 390 courts active) Jurisdiction (limited): Ordinance violations, traffic, criminal preliminaries. No jury trials.
6
FY1988
Supreme Court
As Georgia's ultimate court of review, the Supreme Court exercises exclusive appellate jurisdiction over cases that involve the interpretation of the constitutions of both the state of Georgia and the United States, as well as treaties between the United States and foreign governments. The court also has constitutionally authorized power to render the final decision in the state in cases involving (1) imposition of a sentence of death by a superior court, (2) contested elections, (3) validity or construction of wills, (4) equity, (5) land titles, (6) habeas corpus, (7) extraordinary remedies (mandamus, prohibition, quo warranto, etc.) and (8) divorce and alimony.
The court also reviews cases transferred from the Court of Appeals by certiorari and decides questions certified to it by that court. In addition, the court answers questions of law from any state or federal appellate court.
Three terms of court, which begin in September, January and April, are held each year. No oral arguments are heard in August or December. In most instances, cases are decided and judgments given during the term in which they were accepted. The state constitution requires that cases must be disposed by the end of the second term of court after filing; otherwise, the judgment of the lower court is affirmed by operation of law. No case has been decided this way in the court's history.
Cases are assigned in rotation to the seven justices for preparation of opinions. After writing an opinion, the justice circulates it to the entire court for study. Following a discussion en bane, the opinion is adopted or rejected by the majority of justices. In the event a justice is unable to serve or disqualifies himself from a case, the remaining jus-
tices appoint a substitute justice from a superior court to serve.
Although the court nearly always hears cases in Atlanta, it occasionally schedules sessions at other locations in the state such as at law schools in order to educate students in court operations. In April of 1987, the court held a oneday session at Mercer University in Macon.
Justices arc elected to staggered six-year terms in nonpartisan, statewide elections. Any vacancies on the court arc filled by gubernatorial appointment. To qualify for office as a justice, a person must have been admitted to the practice of law for seven years.
The justices elect from among their number a chief justice and a presiding justice, whose terms run for four years. As administrative head of the court, the chief justice presides over court conferences and oral arguments and serves as chairman of the Judicial Council, an administrative arm of the court. The presiding justice performs the duties of the chief justice in his ab-
sence and is vice chairman of the council.
Law assistants, who must be licensed attorneys, are appointed by each justice to help in the research and preparation of opinions. A court-appointed clerk, along with clerical assistants, provide support for the court in calendaring and caseload and records management. The court also appoints an official reporter of decisions, who publishes the opinions of the Supreme Court and Court of Appeals.
Since one of the powers invested in the Supreme Court is the authority to promulgate orders needed to carry out its jurisdiction, the court has directed several agencies to assist it in administrative matters. Among these arc the Institute of Continuing Judicial Education, the Judicial Council/ Administrative Office of the Courts, the State Bar of Georgia and the Office of Bar Admissions.
The Supreme Court's case load for calendar years 1986 and 1987 is shown on the next page.
7
15th Annual Report
Supreme Court Caseload: 1986 and 1987 (Docket entries)
Filed
1986
1987
Disposed
Direct appeals (Final)
560
Petitions for certiorari
560
Habeas corpus applications
158
Applications for discretionary
appeal
166
Applications for interlocutory
appeal
61
Attorney discipline
36
Original petitions/Motions
25
Cross appeals
0
Certified questions
9
Bar admissions
12
Judicial discipline
0
Other
7
TOTAL
1,594
538 540 203
183
58 72 22 14
8 5 2
1,649
By opinion Affirmed without opinion
(Rule 59) Petitions for certiorari
Denied Dismissed Habeas corpus applications Denied Dismissed Remanded Withdrawn Dismissed without prejudice Denied without prejudice Stricken and entered on general docket Discretionary applications Denied Transferred to Court of Appeals Dismissed Dismissed without prejudice Withdrawn Denied with direction Remanded Interlocutory applications Denied Transferred to Court of Appeals Original petitions/Motions
~n~d
Granted Dismissed Dismissed without prejudice Attorney and judicial disciplinary/ Bar admissions decided by order Other Transferred to Court of Appeals by order Dismissed by order Remanded by order Withdrawn Vacated by order Stricken from docket Certiorari granted, application granted,
notice of appeal
TOTAL
1986
308
125
434 24
123 0 0 2 2 1 2
103 7 6 0 2
31 3
9 2 14
33
44 31
27 4 2
0
1,353 *
1987
377
131
471 3
145 6 4 3
1 0
128 6 2 2 2
0
29
6 4 6
6
45
31 46
3 42 14
3
5
1,524**
Total includes figures from several categories not applicable to the 1987 study. Companion cases were counted as one case in arriving at total.
8
FY1988
Court of Appeals
Following approval of a constitutional amendment in 1906, the Court of Appeals was created in 1907 to alleviate some of the considerable caseload burden from the Supreme Court. Recent studies have shown that this court has become one of the busiest appellate courts in the United States.
The Court of Appeals retains statewide appellate jurisdiction from superior, state and juvenile courts in all cases where exclusive jurisdiction is not reserved to the Supreme Court. Such cases include civil claims for damages, cases involving workers' compensation and criminal cases other than capital felonies. The court may also certify legal questions to the Supreme Court, but certification is rarely used.
The court consists of nine judges who serve on three panels of
three judges each. Under the court's rules, the position of chief judge is rotated, usually for a twoyear term upon the basis of seniority of tenure on the court. By statutory authorization, the chief judge appoints the three presiding judges who head each panel. All other judges rotate annually among the three panels.
The chief judge is responsible for the administration of the court and together with the presiding judges forms the executive council. Any decision rendered by a division is final unless a single judge dissents, whereupon the case is considered by all nine judges. If, after the full court hears a case, the judges are equally divided as to the verdict, the case is transferred to the Supreme Court.
The judges of the Court of Appeals are elected to staggered,
six-year terms in statewide, nonpartisan elections. A candidate for judgeship must have been a practicing attorney for at least seven years prior to assuming office. In the event of a vacancy on the court, the governor appoints a successor.
The court has three annual terms, which begin in September, January and April, in Atlanta. Cases are always decided by the term after that in which they were docketed; otherwise, a judgment would be affirmed by operation of law. This has never happened in the history of the Court of Appeals.
Court of Appeals filings and dispositions for calendar years 1986 and 1987 are compared in the table below.
Court of Appeals Caseload: 1986 and 1987 (Docket entries)
Filed Appeals Interlocutory applications Discretionary applications
TOTAL
Disposed By opinion By order Interlocutory applications Discretionary applications
TOTAL
1986 2,666
313 313
3,292
1986 1,724
174 328 319
2,545
1987 2,071
391 342
2,804
1987 1,667
294 324 377
2,662
9
Superior Courts
15th Annual Report
As Georgia's general jurisdiction trial court, the superior court has exclusive constitutional authority to preside over felony cases (except those involving juvenile offenders, in which jurisdiction is shared with the juvenile court) and cases regarding title to land, divorce and equity. The superior court also has exclusive statutory jurisdiction in such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition.
With the exception of certain probate and juvenile matters, the superior court may exercise jurisdiction over other cases concurrently with the limited jurisdiction courts located in the same county. The superior courts are authorized to correct errors made by lower courts by issuing writs of certiorari, and for some lower courts, the right to direct review by the superior court applies.
Located in each of the state's 159 counties, superior courts are organized by judicial circuits, or groups of counties. The 45 circuits vary in size and population, as well as in the number of judges serving them. From one to eight counties comprise the circuits, with the single-county circuits generally lo-
cated in or near the several large metropolitan areas of the state (see map of Georgia, p. 4).
The number of superior court judges per circuit ranges from one judge in one circuit (Rockdale) to 12 judges in the Atlanta Judicial Circuit. A chief judge, who in most cases attains the position through seniority, handles the administrative tasks for each circuit.
For purposes of administration, the superior court system is divided into 10 administrative districts, with boundaries that roughly correspond to those of Georgia's U.S. congressional districts. An administrative judge, elected to two-year terms by the superior court judges of each district, performs executive functions in the district and is assisted by a district court administrator who provides technical assistance for the courts. Administrative judges have statutory authority to use caseload and other information for management purposes and to assign superior court judges, with their approval, to serve temporarily in other counties and circuits as needed.
Superior court judges are elected to four-year terms in nonpartisan, circuitwide races. To qualify as a superior court judge, a
candidate must be at least 30 years old, a citizen of Georgia for at le.1st three years and have been autho.ized to practice law for at least seven years. Senior superior court judges, who have retired from the bench and attained senior status, may hear cases in any circuit at the request of the local judges or an administrative judge. All judges must fulfill a 12-hour annual continuing education requirement.
On June 30,1988,135 judges were allocated to Georgia's 159 superior courts. Two additional judgeships, one each for the Appalachian and Stone Mountain judicial circuits, were created by the 1988 General Assembly, and the new judges were appointed by Governor Joe Frank Harris for terms beginning with the 1989 fiscal year.
Recent caseload data for the superior courts is presented on page 11. The four graphs depict toial, civil, criminal and average filings and dispositions for fiscal years 1983-1984, and for calendar years 1985-1987. CY'87 total superior court caseload by circuit and case type is presented in the table on pages 12 and 13.
10
FY1988
Superior Courts
FY 1983 5-year trend: Total filings/ dispositions
193J55 176!491
FY 1984 CY 1985
202,901
~
189,5,.J..J..--" !
I
194!736
CY 1986
211519
1
207 ,011
I
CY 1987
215,544 212,974
225,000 200,000
5-year trend: civil filings/ dispositions
5-year trend: criminal filings/ dispositions
----i----+----160,000 ---+-------+----50,000
5-year trend: average per judge,
_ I
J
total filings/dispositions
------ ------+---
--1,600
1 )583
1 ,541
~1494--
1,549
- t - - - t - - 11447
I
1
1:487
I
---+-------+-------- 1,400
',1
Filings Dispositions
FY 1983 FY 1984 CY 1985 CY 1986 CY 1987
11
15th Annual Report
CY 1987 Superior Court Caseload (Docket entries)
Circuit
Alapaha Alcovy Appalachian
Atlanta Atlantic Augusta
Blue Ridge Brunswick Chattahoochee
Cherokee Clayton Cobb
Conasauga Cordele Coweta
Dougherty Douglas Dublin
Eastern Flint Griffin
Gwinnett Houston Lookout Mountain
Macon Middle Mountain
Northeastern Northern Ocmulgee
Oconee Ogeechee Pataula
Piedmont Rockdale Rome
South Georgia Southern Southwestern
Stone Mountain Tallapoosa Tifton
Toombs Waycross Western
TOTALS AVERAGE PER JUDGE*
Total
Criminal
Filed
Disoosed
3,388 2,566
839
3,188 2,146
782
7,577 1,935 1,663
7,166 1,870 1,476
560 1,575 1,981
574 1,239 1,967
1,378 1,368 2,193
1,359 1,604 2,450
1,935 1,223 1,361
1,765
1 '181 1,321
913 1,227 1,057
842 1,384 1,103
1,575 1,149 2,164
1,560 1,039 1,929
1,276 389
3,263
1,216 380
3,141
1,270 768 738
1,316 643 820
1,946 1,026 2,651
1,731 1,079 2,616
1,009
907
910
957
1,069
819
839 803 1,898
786 844 2,028
630 1,561 1,048
555 1,505 1,032
3,345 1,656
990
3,086 1,578
779
1,145 1,015
591
1,217 1,014
649
71,463 522
68,643 501
Filed
1,142 961 245
7,537 858
1.177
502 1,222 1,363
726 1,368 1,973
666 610 1,086
911 514 287
1,575 541
1,297
1,169 319 965
1,135 724 436
833 563 1,087
453 871 646
432 285 489
528 1,269
640
3,345 482 650
341 690 542
45,455 332
Felony Disposed
875 875 226
7,126 790
1,047
512 925 1,372
683 1,604 2,281
571 570 1,049
840 531 285
1,560 489
1,178
1,107 310 984
1,196 614 454
678 513 1,054
396 915 460
423 268 399
474 1,194
638
3,086 434 462
305 690 594
43,037 314
Misdemeanor
Filed
Dis[!osed
2,246 1,605
594
40 1,077
485
2,313 1,271
556
-----~--
40 1,080
429
58 353 614
652 0
220
1,269 613 275
62 314 595
676 0
169
1,194 611 272
-~--------
------
2
2
713
853
770
818
0
0
608
550
867
751
107 70
2,298
109 70
2,157
133
120
44
29
302
366
1,113 463
1,564
1,053 566
1,562
554
511
39
42
423
359
407 516 1,409
363 576 1,629
102
81
292
311
407
394
0 1,172
340
0 1,144
317
804
912
325
324
49
55
25,994 190
25,606 187
"Basedon137supeMorcourtjudges.
12
FY1988
CY 1987 Superior Court Caseload (Docket entries)
Total
Civil
Filed
Disposed
General Civil
Filed
Disposed
Domestic
Relations
Filed
Disposed
1,296 2,340 1'116
9,659 3,314 6,469
2,333 3,903 5,963
2,644 3,106 8,677
3,207 1,654 4,472
2,347 2,056 2,195
4,702 2,592 3,369
1,142 2,387 1,243
9,689 3,249 9,219
2,298 3,549 6,044
2,829 3,241 9,338
3,416 1,584 4,247
1,910 2,094 2,090
3,229 2,111 3,289
739 1,085
482
3,841 956
1,706
674 1,613 1,583
1,191 663
2,290
1,102 770
1,554
725 1,299
836
2,496 1,488 1,608
610 972 583
4,147 1,063 1,744
651 1,503 1,572
1,297 644
2,428
1,289 765
1,343
600 1,215
746
1,734 1,135 1,496
557 1,255
634
5,818 2,358 4,763
1,659 2,290 4,380
1,453 2,443 6,387
2,105 884
2,918
1,622 757
1,359
2,206 1,104 1,761
532 1,415
660
5,542 2,186 7,475
1,647 2,046 4,472
1,532 2,597 6,910
2,127 819
2,904
1,310 879
1.344
1,495 976
1,793
5,354 1,726 3,683
4,139 2,453 1,749
5,996 2,118 3,861
4,165 2,311 1,614
1,310 550 965
1,460 992 667
1,344 574
1,091
1,182 955 600
4,044 1,176 2,718
2,679 1,461 1,082
4,652 1,544 2,770
2,983 1,356 1,014
2,700 1,812 3,337
2,670 1,746 3,149
985 744 1,843
950 656 1,758
1,715 1,068 1,494
1,720 1,090 1,391
1,527 2,372 1,529
1,753 1,399 2,512
2,300 4,259 1,974
1,389 2,558 1,298
1,827 1,409 3,052
2,167 3,880 2,078
704 746 616
772 698 999
779 1,615
904
635 870 508
752 746 1,256
810 1,434
903
823 1,626
913
981 701 1,513
1,521 2,644 1,070
754 1,688
790
1,075 663
1,796
1,357 2,446 1,175
8,869 2,686 2,000
1,750 2,986 1,798
9,246 2,398 1,533
1,036 2,859 1,775
2,046 1,392
823
1,162 1,256
723
2,063 1,082
558
440 1,216
717
6,823 1,294 1,177
588 1,730 1,075
7,183 1,316
975
596 1,643 1,058
144,081 1,052
144,333 1,054
53,452 390
50,637 370
90,629 662
93,696 684
Total
Case load
Filed
Disposed
4.684 4,906 1,955
4.330 4,533
2,025
17,236
5,249 8,132
16,855 5,119
10,695
2,893 5,478 7,944
2,872 4,788 8,011
4,022 4,474 10,870
4,188 4,845 11,788
5,142 2,877 5,833
5,181 2,765 5,568
3,260 3,283 3,252
2,752 3,478 3,193
6,277 3,741 5,533
4,789 3,150 5,218
6,630 2,115 6,946
7,212 2,498 7,002
5,409 3,221 2,487
5,481 2,954 2,434
4,646 2,838 5,988
4,401 2,825 5,765
2,536 3,282 2,598
2,296 3,515 2,115
2,592 2,202 4,410
2,613 2,253 5,080
2,930 5,820 3,022
2,722 5,385 3,110
12,214 4,342 2,990
12,332 3,976 2,312
2,895 4,001 2,389
2,253 3,873 2,424
215,544 1,573
212,974 1,555
Total Open Case load
1,456 3,076 1,300
7,258 1'113 5,274
1,533 3,161 2,948
2,369 2,656 4,951
1,724 1,166 3,161
2,060 2,766 1,219
4,197 2,998 2,928
2,512 1,121 3,258
2,407 1,810 1,143
2,290 1,790 2,797
830 728 1,173
1,451 888
2,448
1,020 2,542
868
7,664 2,793 2,162
1,261 1,883 1,410
107,563 785
13
15th Annual Report
State Courts
A 1970 legislative act estab-
lished Georgia's state court system by designating as such certain existing countywide courts of limited jurisdiction. In counties where they are located, these courts may exercise jurisdiction over all misdemeanor violations, including traffic cases, and all civil actions, regardless of the amount claimed, unless the superior court has exclusive jurisdiction.
State courts are authorized by statute to hold hearings regarding applications for and issuance of search and arrest warrants and to hold preliminary hearings. These courts may also punish contempt by fine of up to $500 and/or sentence up to 20 days in jail. The Georgia Constitution grants state courts the authority to review lower court decisions, if this power is provided by statute.
Specified in the Uniform Rules for State Courts, procedures in the state courts generally parallel those of the superior courts.
The General Assembly may create new state courts by local act in counties where none already exist. In the same manner, the legislature also establishes the number of judges to preside in state courts and whether they are to be full or part-time. Part-time judges are permitted to practice law, except in their own courts.
In fiscal year 1988,63 state courts operated in 64 counties. Georgia's only multi-county state court serves Cherokee and Forsyth counties. Of the 85 judges presiding, 35 were full-time and 50 served on a part-time basis.
The 1988 legislature created a third full-time state court judge-
ship for the State Court of Clayton County effective July 1, 1988. The General Assembly also approved a measure to abolish the State Court of Macon County as of the end of the 1988 calendar year due to a low caseload and a small tax base.
State court judges are elected to four-year terms in nonpartisan, countywide elections. Candidates must be at least 25 years old, have practiced law for at least five years and lived in the county for at least three years. If a vacancy occurs in a state court judgeship, the governor may fill the office by appointment.
CY'87 filings and dispositions are listed in the table below for 24 counties that voluntarily submitted caseload data.
CY 1987 State Court Caseload (Docket entries)
County
Bibb Bryan Carroll Chatham
Misdemeanor Filed Disposed
4,402 90
935 1,073
4,471 94
765 1,606
Traffic Filed Disposed
3,527 1,096 6,931
986
3,330 1,276 4,667 1,477
Chattooga Cobb Colquitt Coweta
DeKalb* Fulton Habersham Houston
Lowndes Miller Muscogee Pierce**
738 5,268 1,034
429
6,924 20,030
804 1,227
2,371 160
2,528 267
765 4,370
868 640
4,156 19,397
645 3,753
1,544 160
1,705 218
2,621 68,819
1,346 3,395
5,898 23,115
1,409 6,688
11,879 892
2,761 641
2,944 47,008
1,249 3,491
3,401 23,115
1,205 6,148
9,058 892
2,133 586
Richmond Spalding Stephens Sumter
2,197 1,415
866 1,307
2,069 2,105
846 1,129
4,798 2,815
975 1,455
6,554 4,316
982 1,328
Tift Treutlen Washington Worth
1,676 250 472 276
1,176 243 300 215
6,199 2,870
489 2,482
4,648 2,654
386 2,259
*Criminal dispositions are for the period 1187 to 9-30-87. * Data is for the period 1-1-87 to 9-30-87.
14
Civil Filed Disposed
1,003 91 0
5,403
722 50 0
5,244
41 29,425
61 364
118 19,745
32 236
62,358 51,653
119 1,407
55,657 33,821
59 1,164
193
90
2
2
639
251
17
14
500
227
189
244
232
191
77
63
203
104
7
2
18
13
78
57
Total Filed Disposed
8,932 1,277 7,866 7,462
8,523 1,420 5,432 8,327
3,400 103,512
2,441 4,188
3,827 71,123
2,149 4,367
75,180 94,798
2,332 9,322
63,214 76,333
1,909 11,065
14,443 1,054 5,928 925
10,692 1,054 4,089 818
7,495 4,419 2,073 2,839
8,850 6,665 2,019 2,520
8,078 3,127
979 2,836
5,928 2,899
699 2,531
FY1988
Juvenile Courts
The express purpose of
Georgia's juvenile courts is to protect the well-being of children, to provide guidance and control conducive to a child's welfare and the best interests of the state and to secure as nearly as possible care equivalent to parental care for a child removed from the home.
The juvenile court's exclusive original jurisdiction extends to cases involving delinquent and unruly children under the age of 17 and deprived children under the age of 18. Juvenile courts hold concurrent jurisdiction with superior courts in cases involving capital felonies, custody and child support cases and in proceedings conducted to terminate parental rights. The superior court has the authority to preside over adoption proceedings.
These courts administer supervision and probation cases for those persons under 21 who were sentenced for an offense committed before age 17. In addition, the juvenile court has jurisdiction over
casesinvolving enlistment in the military services and consent to marriage for minors and cases that fall under the Interstate Compact on Juveniles.
Cases appealed from the juvenile courts may be heard by the Court of Appeals or the Supreme Court, depending on the specific matter.
In 1982, the General Assembly enacted OCGA 15-11-3 to authorize a circuit-based juvenile court system and specify state salary supplements for circuits establishing judgeships on that geographical basis. However, since the legislature has yet to appropriate funds to implement the act, the state's 11 full-time and 40 part-time juvenile court judges who serve in the 62 separate juvenile courts continue to be funded by the individual counties.
In counties or circuits with no separate juvenile court judge, superior court judges hear juvenile cases. Thirty referees, who must be admitted to the state bar or have
graduated from law school, serve in 37 counties to assist the juvenile or superior court judge with handling cases. Like the other trial courts, juvenile courts adhere to a set of uniform rules concerning procedures.
In most cases, juvenile court judges are appointed by superior court judges of the circuit for a four-year term (an exception is the election of the judge in the Juvenile Court of Floyd County). Judges must be at least 30 years of age, have practiced law for five years and have lived in Georgia for three years. Full-time judges cannot practice law while holding office. State law requires that juvenile court judges participate in one annual continuing education seminar sponsored by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education.
juvenile court caseload for C'87 is presented by county in the table on pages 16-18.
15
15th Annual Report
CY 1987 Juvenile Court Caseload (Number of children)
County
Appling Atkinson Bacon Baker Baldwin
Banks Barrow Bartow Ben Hill Berrien
Bibb Bleckley Brantley Brooks Bryan
Bulloch Burke Butts Calhoun Camden
Candler Carroll Catoosa Charlton Chatham
Chattahoochee Chattooga Cherokee Clarke Clay
Clayton Clinch Cobb Coffee Colquitt
Columbia Cook Coweta Crawford Crisp
Dade Dawson Decatur DeKalb Dodge
Dooly Dougherty Douglas Early Echols
Effingham Elbert Emanuel Evans Fannin
Fayette Floyd Forsyth Franklin Fulton
Gilmer Glascock Glynn Gordon Grady
Delinquent Filed Disposed
86
52
27
21
21
12
2
0
204
193
6
5
65
48
289
217
24
59
37
22
909 733
17
15
9
4
44
22
61
57
139
98
76
65
36
30
6
5
155
114
16 406 153
32 1,260
13 367 151
28 1,163
28
18
22
22
286
40
315 310
11
11
890 8
1,804 66 196
549 8
1,317 65 183
199 165
51
49
223 212
2
1
48
37
12
12
17
8
105
53
2,587
NA
35
12
51
37
800 791
425 425
24
24
7
5
64
61
58
48
30
89
67
57
22
20
218 442 82
31 4,614
217 413
79 23 2,902
33
30
1
1
345 344
169 165
43
33
Unruly Filed Disposed
30
25
1
1
8
6
3
3
23
23
6
6
13
11
58
50
2
7
15
10
195 158
2
2
2
2
21
10
21
19
21
11
2
2
6
5
1
0
78
52
0
0
181
124
40
40
6
5
260 228
2
1
7
7
142
18
132
129
1
1
389 219
2
2
939
792
5
5
18
17
48
47
8
8
107
107
0
0
15
10
11
11
0
0
24
10
1,100
NA
2
0
1
0
137 135
165 165
7
7
0
0
9
8
3
3
3
6
1
0
10
10
77
75
235 227
57
44
14
10
1,100 616
29
27
0
0
172 172
78
67
12
10
Traffic Filed Disposed
19
13
1
1
0
0
1
0
31
31
0
0
6
3
118 110
0
0
6
3
209 189
0
0
0
0
3
1
9
7
28
16
5
5
9
9
5
5
13
5
0
0
126
104
53
52
0
0
323 256
0
0
0
0
266
58
120 117
7
7
970 762
0
0
989 736
12
13
31
27
115
103
3
3
99
99
4
3
0
0
8
8
0
0
17
15
1,541
NA
9
6
2
0
298 295
21
21
24
23
0
0
2
2
28
23
0
0
4
4
1
1
178 426
97 12 1,262
174 409 105 11 1,064
5
5
3
3
85
85
11
11
14
7
Deprived Filed Disposed
24
21
16
13
18
9
1
1
53
0
14
14
19
9
140 124
28
27
18
18
185 118
1
1
25
19
19
6
25
21
13
6
11
9
18
2
3
2
80
68
9
8
99
64
64
57
11
9
473
410
1
0
0
0
83
13
153 151
3
3
338 243
2
2
362 315
15
16
75
64
22
20
20
18
95
95
8
7
15
15
17
17
9
3
48
45
769
NA
0
0
0
0
55
55
102
92
6
2
0
0
17
13
17
16
29 102
11
11
27
17
64
63
141
135
28
15
9
2
978 540
0
0
2
2
45
45
87
87
17
13
Special Proceedings Filed Disposed
2
1
0
0
1
1
0
0
2
2
0
0
16
11
170 150
2
2
0
0
328 242
5
3
1
1
7
6
0
0
4
3
5
4
4
4
4
4
29
24
3
3
10
5
0
0
0
0
147
131
1
1
3
3
83
23
41
41
0
0
197
145
2
2
223
169
0
0
1
0
22
14
6
2
39
39
1
1
7
7
2
2
1
1
4
4
106
NA
0
0
0
0
36
36
40
40
1
1
0
0
13
8
3
3
0
0
7
7
5
5
0
0
34
33
1
1
2
1
290 134
0
0
0
0
3
3
28
25
1
1
Total Caseload Filed Disposed
161
112
45
36
48
28
7
4
313 249
26
25
119
82
775 651
56
95
76
53
1,826 25
37 94 116
1,440 21
26 45 104
205 134
99
85
73
50
19
16
355 263
28 822 310 49 2,463
24 664 300 42 2,188
32
20
32
32
860
152
761
748
22
22
2,784 14
4,317 98 321
1,918 14
3,329 99
291
406 349
88
80
563 552
15
12
85
69
50
50
27
12
198
127
6,103
NA
46
18
54 1,326
753 62
7
37 1,312
743 57 5
105
92
109
93
62
197
90
79
65
53
537 1,278
265 68 8,244
529 1,217
244 47 5,256
67
62
6
6
650 649
373 355
87
64
16
FY1988
CY 1987 Juvenile Court Caseload (Number of children)
County
Greene Gwinnett Habersham Hall Hancock
Haralson Harris Hart Heard Henry
Houston Irwin Jackson Jasper Jeff Davis
Jefferson Jenkins Johnson Jones Lamar
Lanier Laurens Lee Liberty Lincoln
Long Lowndes Lumpkin Macon Madison
Marion McDuffie Mcintosh Meriwether Miller
Mitchell Monroe Montgomery Morgan Murray
Muscogee Newton Oconee Oglethorpe Paulding
Peach Pickens Pierce Pike Polk
Pulaski Putnam Quitman Rabun Randolph
Richmond Rockdale Schley Screven Seminole
Spalding Stephens Stewart Sumter Talbot
Delinquent Filed Disposed
17 1,483
35 312
10
14 1,405
23 307
1
39
34
39
38
64
59
12
12
210 205
281
237
16
9
32
22
0
0
64
0
38
31
21
15
9
9
39
0
61
46
29
26
230
229
44
39
273
207
6
9
20
12
327
265
6
2
65
60
94
42
15
15
67
54
36
20
85
85
7
6
36
31
59
54
8
6
37
33
77
60
1,125 860
302 255
7
1
16
11
220 192
33
24
23
13
33
10
36
24
88
61
28
26
49
48
2
2
20
17
19
17
1,057 937
206 206
19
17
43
41
18
14
330 302
40
30
16
12
154
153
2
2
Unruly Filed Disposed
2
1
425 372
6
4
146 146
0
0
6
6
0
0
11
10
2
2
130 130
328 290
4
3
6
5
0
0
20
0
3
3
0
0
1
1
18
0
9
6
6
5
127 126
29
29
92
69
1
2
4
3
95
61
5
2
7
7
16
6
0
0
29
17
12
8
5
5
7
7
7
7
36
36
1
1
2
2
52
35
555 430
118
100
1
0
2
2
49
48
1
0
9
9
0
0
10
9
44
39
0
0
5
5
0
0
0
0
0
0
248 235
92
92
0
0
0
0
0
0
97
88
1
1
4
4
48
47
0
0
Traffic Filed Disposed
24 1,183
12 319
0
17 1,142
10 319
0
0
0
11
9
33
32
3
3
118 118
308 285
0
0
6
1
2
2
18
0
0
0
0
0
0
0
47
0
32
30
0
0
75
75
31
28
30
26
18
12
0
0
93
39
0
0
1
1
46
42
2
2
29
27
1
0
6
6
2
2
3
3
51
50
11
10
48
43
2
2
489 450
115
96
1
0
10
6
28
23
1
1
10
6
0
0
10
6
0
0
3
2
0
0
0
0
1
1
6
3
73
45
185
185
2
2
2
2
1
0
72
71
6
4
0
0
32
32
0
0
Deprived Filed Disposed
10
10
353 335
63
51
157 153
9
6
23
20
5
5
23
1
18
18
63
55
274
241
5
4
54
17
27
27
1
0
7
6
6
6
4
1
0
0
19
10
12
11
55
37
3
3
86
30
1
4
4
0
65
45
1
1
33
30
18
13
2
1
20
12
10
10
78
77
3
3
16
14
31
31
11
11
10
10
33
30
492
401
194 142
2
1
9
9
28
22
67
52
36
20
18
7
16
4
29
25
5
5
8
8
1
1
7
7
9
8
18
18
68
68
10
10
3
3
2
2
136 128
32
21
5
5
59
59
0
0
Special Proceedings Filed Disposed
0
0
123 116
2
2
5
5
0
0
6
6
5
5
6
6
0
0
0
0
31
27
0
0
2
2
0
0
0
0
1
1
14
14
5
5
9
0
10
9
3
2
4
4
17
16
24
21
0
0
6
5
0
0
4
3
4
4
8
4
0
0
2
2
7
4
0
0
4
4
3
2
9
9
4
4
8
5
32
28
61
53
120
98
7
4
0
0
16
11
10
8
7
7
4
1
8
3
28
21
4
4
1
1
3
1
1
1
7
6
--------
13
12
4
4
0
0
0
0
0
0
37
37
4
4
0
0
0
0
0
0
Total Case load Filed Disposed
53 3,567
118 939
19
42 3,370
90 930
7
74
66
60
57
137 108
35
35
521
508
1,222 25 100 29 103
1,080 16 47 29 0
49
41
41
35
19
16
113
0
131
101
50
44
491
471
124
115
505 353
26
27
34
20
580 410
16
8
110
102
182 107
19
18
147
112
66
42
174 173
23
22
65
57
186 180
35
32
105
93
19-6 - - - - -1-55- 2,722 2,194
849 691
18
6
37
28
341
296
------
112
85
85
55
55
18
80
46
189
146
40
37
63
62
6
4
29
26
41
34
1,409 555 31 48 21
1,247 555 29 46 16
672
626
83
60
25
21
293
291
2
2
17
15th Annual Report
CY 1987 Juvenile Court Caseload (Number of children)
County
Taliaferro Tattnall Taylor Telfair Terrell
Thomas Tift Toombs Towns Treutlen
Troup Turner Twiggs Union Upson
Walker Walton Ware Warren Washington
Wayne Webster Wheeler White Whitfield
Wilcox Wilkes Wilkinson Worth
TOTALS
Delinquent Filed Disposed
5
5
39
32
6
5
68
213
23
23
111
92
331
255
88
79
5
5
29
26
649
645
55
35
33
24
10
9
89
76
144
144
353
350
252
201
6
6
49
28
70
65
3
3
16
11
13
5
317
272
3
2
22
19
11
10
79
39
29,573 22,317*
Unruly Filed Disposed
0
0
6
4
2
2
21
48
4
4
95
84
26
20
1
1
0
0
0
0
155
155
6
5
8
8
4
4
30
28
62
62
217
216
51
39
1
1
0
0
23
19
2
2
2
2
6
1
259
241
0
0
1
0
2
2
13
7
9,988 7,441 *
Traffic Filed Disposed
4
4
14
14
3
3
22
28
4
4
78
71
43
38
4
3
3
3
17
17
92
92
17
15
9
9
10
9
51
44
77
77
115
115
50
44
4
2
0
0
9
9
1
0
1
1
1
0
301
242
1
1
14
14
8
7
25
21
12,175 9,845 *
*Totals do not include dispositions in DeKalb County.
Deprived Filed Disposed
0
0
21
18
2
2
7
21
37
37
51
41
26
14
71
54
2
2
8
4
194
192
8
2
6
3
17
17
64
59
46
46
126
116
40
24
4
2
7
7
92
88
2
2
3
3
1
1
188
164
8
5
1
0
17
14
3
2
9,011 6,579*
Special Proceedings Filed Disposed
Total Caseload Filed Disposed
0
0
9
9
7
5
87
73
2
2
15
14
1
1
119
311
5
5
73
73
----------
28
25
363
313
7
4
433
331
9
7
173
144
0
0
10
10
4
4
58
51
1
1
1,091 1,085
4
3
90
60
2
1
58
45
1
1
42
40
2
2
236
209
19
19
135
121
18
17
0
0
0
0
348
348
946
918
411
325
15
11
56
35
19
19
213
200
0
0
8
7
2
2
24
19
0
0
21
7
69
55
1,134
974
0
0
12
8
10
10
48
43
0
0
38
33
11
10
131
79
2,992 2,258* 63,739 48,440*
18
FY1988
Probate Courts
Located in each of Georgia's 159 counties, the probate court exercises exclusive original jurisdiction in the probate of wills, the administration of estates, the appointment of guardians and the involuntary hospitalization of incapacitated adults and other dependent individuals.
If provided by local statute, probate judges may serve as election superintendent, appoint persons to fill public offices, administer oaths of office, issue marriage licenses, hold habeas corpus hearings or preside over criminal preliminary hearings. Probate courts may also hear traffic cases and try violations of state game and fish laws, unless there is a demand for a jury trial, in which instance a case would be transferred to the superior court.
As of July 1, 1986, in counties with a population greater than 150,000 and where the probate judge has practiced law for at least seven years, a party to a civil case has the right to a jury trial if so asserted by a written demand with the first pleading. Appeals from
such civil cases may be to the Supreme Court or Court of Appeals, depending on the particular matter.
Probate court judges are elected to four-year terms in countywide, partisan elections. A candidate for office must be at least 25 years of age, a high school graduate, a U.S. citizen and a county resident for at least two years preceding the election. In counties with a population over 100,000, persons must fulfill further qualifications, including reaching the age of 30 and practicing law for at least three years or serving as clerk of the probate court for a minimum of five years.
If a vacancy occurs in a probate judgeship, state law requires that most counties hold a special election within 10 days. Until the new judge takes office, the chief judge of the state or city court or the clerk of the superior court serves as probate judge. In counties with a population between 200,000 and 250,000, the superior court judges may appoint a successor. A chief clerk who meets the
qualifications for office may temporarily assume office upon the death, resignation, incapacity or inability of a judge to serve.
Newly elected or appointed judges must complete an initial training course in probate matters. In order to receive retirement credit, all judges are required to attend annual continuing education courses and seminars sponsored by the Executive Probate Judges Council and conducted by the Institute of Continuing Judicial Education. A state agency, composed of probate judges, the council has the responsibility of advising the Institute on matters concerning continuing education for probate judges. (The council receives no state appropriation.)
CY'87 data voluntarily submitted by 106 probate courts exercising civil jurisdiction and by 56 probate courts exercising criminal jurisdiction are presented in the tables on pages 20-22.
19
15th Annual Report
CY 1987 Probate Court Civil Caseload (Docket entries)
County
Atkinson Bacon Baldwin Banks Barrow
Admin-
istration
8 18 32 20 13
No Admin-
istration
Probate
Necessary Common Solemn
1
2
14
4
4
18
12
11
81
5
0
36
6
1
52
Guardianship
11 14 81 29 29
Year's Support
3 4 2 9 5
Ben Hill Berrien Bibb Bleckley
Brantley
8
5
2
53
10
4
13
9
1
12
11
12
72
17
20
406
90
34
3
4
0
22
5
2
7
7
2
17
9
7
Bryan Bulloch Butts Candler Charlton
10
1
1
24
21
2
18
4
2
87
28
3
7
3
0
43
16
3
12
1
1
20
12
0
6
2
0
8
7
2
Cherokee Clarke Clayton Clinch Cobb
Coffee Colquitt Cook* Coweta Crawford
26
9
11
137
39
19
59
9
17
159
78
13
78
33
14
278
256
65
7
2
1
16
5
6
138
48
26
755
266
75
24
11
14
15
7
0
38
15
4
0
3
65
19
5
1
75
12
10
0
19
5
1
5
124
47
24
1
15
5
0
Crisp Dawson Decatur DeKalb Dodge
10
13
1
52
13
2
8
5
0
14
11
0
4
3
5
19
3
0
168
131
182
1,000
442
157
7
9
2
16
5
2
Dougherty Douglas* Early Echols Emanuel
34
11
14
208
88
7
22
8
0
78
47
22
8
0
0
33
2
0
1
1
0
3
0
0
55
40
10
139
56
5
Evans Fannin Fayette* Floyd Forsyth
12
5
0
17
6
0
16
3
3
23
7
8
2
5
0
22
8
2
47
22
13
243
46
16
37
7
2
214
52
9
Fulton Gilmer Glynn Grady Greene
394
319
238
1,524 1,059
130
32
10
6
21
13
10
62
11
12
166
66
29
17
5
1
45
19
4
6
2
3
31
11
0
Gwinnett
88
36
12
361
201
40
Habersham
13
4
3
62
20
2
Hall
48
18
8
225
50
19
Haralson
27
1
0
52
14
3
Harris
7
6
3
40
10
11
Hart Heard Houston Jackson Jasper
14
7
5
3
22
15
25
6
1
0
3
57
5
10
3
26
2
2
3
170
67
5
2
67
22
16
3
10
1
1
Jefferson Jenkins Jones Lanier Laurens
9
8
7
40
10
10
5
3
0
31
27
0
5
3
5
26
12
9
1
2
0
15
6
0
18
19
8
83
24
11
Lee Liberty* Lowndes Macon Mitchell
4
2
50
3
52
16
11
4
7
5
0
23
19
0
0
25
72
4
6
161
38
18
4
39
11
0
0
44
10
0
Hospital-
ization
7 18 168 0 43
15 10 128 0
0
21 38 6 3 6
23 91 100 0 117
0 22 18 74
0
19 8 0 232 5
81 17 15 0 133
7 0 1 196 0
34 50 87 33 13
73 28 52 43
0
0 8 0 24 0
0 8 14 8 55
6 26 32 28
0
Habeas Corpus
0 0 0 0 0
0 2 1 0 0
0 0 0 0 0
0 2 0 0 3
0 0 0 0 0
0 0 0 15 0
0 0 0 0 0
0 0 0 0 0
0 0 0 9 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
2 0 0 0 0
Licenses Marriage Pistol
72
59
182
58
356 247
126
95
241 101
174
50
99
21
1,568 202
117 103
120
58
69
82
289
94
131
74
61
7
1,350
7
589
686 2,379
61 4,580
272 184 636 17 1,236
321 102
385
66
116
33
543 164
60
65
178 75 116 5,349 71
63 67 48 1,418
7
1,145 298
614 238
66
28
7
1
450 666
94
40
120
77
125
42
737 190
1,197 842
7,190 169 773 182 94
1,981 126 296 47 32
3,012 955
201
56
896 315
296 143
170 134
118
92
57
30
919 320
270 128
34
13
91
60
68
29
171
86
41
17
334 146
114
46
464
40
1,074 243
106
32
136
59
Total Civil
177 320 990 320 491
321 190 2,538 256 227
231 563 283 117 1,388
1,125 1,298 3,839
115 7,244
550 600 199 1,034 150
351 188 198 9,094 124
1,886 1,046
152 13 1,554
181 257 207 1,510 2,360
12,869 437
1,502 362 192
4,778 389
1,631 579 381
306 136 1,521 560 63
235 171 331 90 698
216 684 1,640 235 261
20
fY1988
CY 1987 Probate Court Civil Caseload (Docket entries)
County
Morgan Murray Muscogee Newton Oglethorpe
Paulding* Peach Pickens Pike Putnam
Quitman Rabun Randolph Richmond Rockdale
Schley Seminole Spalding Stewart Tattnall
Taylor Telfair Terrell Thomas Tift
Towns Treutlen Troup Turner Union
Upson Walker Walton Ware Warren
Washington Webster Wheeler White Wilkinson Worth
Administration
6 11 181 22 5
14 8 12 2 7
6 5 7 128 14
2 3 24 4 12
4 8 6 19 12
1 8 39 15 8
20 17 22 20 3
7 0 2 6 7 13
No Admin-
istration
Probate
Necessary Common Solemn
10
10
48
4
0
48
24
18
485
13
6
110
8
3
27
2
1
50
2
1
41
8
2
39
3
0
28
4
4
28
0
2
3
13
1
54
1
3
30
45
33
370
26
13
96
0
0
2
7
0
26
17
3
136
0
1
11
3
1
30
1
3
18
1
6
19
2
3
28
7
4
115
7
4
74
5
1
20
4
2
8
23
11
164
4
1
35
4
0
19
20
2
85
20
11
157
14
14
90
10
3
119
5
0
22
8
4
41
0
1
7
3
0
6
5
0
32
4
0
19
4
0
50
Guardian-
ship
10 13 235 57 8
21 6 3 2 7
0 24 2 145 80
4 5 44 1 14
0 4 11 22 18
8 3 32 19 13
15 68 24 18
7
11 0 2 7 4 17
Year's
Support
4 7 80 13 7
7 1 2 2 3
0 1 0 106 10
0 1 16 0 4
1 2 0 1 4
1 3 12 2 3
7 28 17 18 0
3 0 0 3 1 5
Hospitalization
24 17 88 62 5
0 0 39 2 13
1 0 0 180 4
0 13 54 0 23
36 2 0 454 33
0 7 83 6 0
35 46 52 51 7
10 0 0 12 21 11
Habeas
Corpus
3 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 2 1 0 0
0 0 0 0 0
0 0 0 0 0
2 0 0 0 0
0 0 0 0 0 0
Licenses Marriage Pistol
157
37
232
76
2,183 310
469 380
81
58
293 103
63
27
161 115
84 36
115 50
23
9
108
51
60
32
1,442 839
549 271
44
10
802
31
602 158
34
0
163 68
54
27
89
48
78
57
463
79
392
94
60
78
65
28
526 186
64
29
112 113
252 107
241 104
293 145
397 139
40
19
166 50
19 25
45
12
118
74
89
96
200
65
*Data is for period 1-1-87 to 9-30-87.
Total Civil
309 408 3,604 1,132 202
491 149 381 159 231
44 257 135 3,288 1,063
62 890 1,055
51 318
144 179 185 1,164 638
174 128 1,076 175 272
545 692 671 775 103
300 52 70 257 241 365
21
CY 1987 Probate Court Criminal Caseload (Docket entries)
County
Misdemeanor Filed Disposed
Traffic Filed Disposed
Atkinson Bacon Banks Barrow
0
0
74
60
317
323
0
0
639 922 1,253 1,448
639 872 1,225 1,419
Ben Hill Bleckley Brantley Butts
50
45
0
0
101
101
62
62
721
599
658
658
857
860
635
635
Charlton Cook* Crawford Crisp
0
0
60
60
53
37
76
70
2,039 2,987
1'119 3,062
2,227 2,609
609 2,442
Dawson Dodge Echols Fannin
142
133
40
37
1
0
134
126
837
788
408
381
75
85
770
755
Fayette* Floyd Gilmer Haralson
26
26
0
0
0
0
66
33
1,458 5,590 1,300 2,409
1,458 3,833 1,200 1,792
Harris Hart Heard Jasper
96
96
0
0
100
111
6
6
2,245 1,042
524 247
2,053 1,042
522 247
Lanier Laurens Lee Morgan
0
0
147
113
41
41
76
76
282 5,405
1 '166 5,081
258 4,662 1,158 4,733
Murray Newton Oglethorpe Paulding*
0
0
130
122
84
84
25
13
2,888 4,022
435 814
2,888 3,698
422 691
Peach Pickens Pike Quitman
0
0
0
0
11
11
86
86
798 1,526
344 333
765 1,526
344 334
Rabun Randolph Rockdale Schley
0
0
54
58
0
0
0
0
673 1,307 1,664
268
673 1,307 1,707
244
Seminole Stewart Taylor Telfair
142
136
90
90
37
34
55
49
978 747 996 1,276
826 697 903 1,018
Terrell Towns Turner Union
0
0
69
62
0
0
85
77
1 '116 253
2,211 610
1,024 231
2,220 518
Upson Walton Warren Webster
0
0
51
51
10
8
22
20
2,172 2,968 1,063
445
2,390 2,968
944 402
Wheeler White Whitfield Wilkinson
9
14
0
0
0
0
42
79
1 '118 486
4,557
371
1,082 443
5,376 391
*Data is for period 1-1-87 to 9-30-87.
15th Annual Report
Total Caseload Filed Disposed
639 996 1,570 1,448
639 932 1,548 1,419
771
644
658
658
958
961
697
697
2,039 3,047 1,172 3,138
2,227 2,669
646 2,512
979
921
448
418
76
85
904
881
1,484 5,590 1,300 2,475
1,484 3,833 1,200 1,825
2,341 1,042
624 253
2,149 1,042
633 253
282 5,552 1,207 5,157
258 4,775 1,199 4,809
2,888 4,152
519 839
2,888 3,820
506 704
798 1,526
355 419
765 1,526
355 420
673 1,361 1,664
268
673 1,365 1,707
244
1,120 837
1,033 1,331
962 787 937 1,067
1'116 322
2,211 695
1,024 293
2,220 595
2,172 3,019 1,073
467
2,390 3,019
952 422
1,127 486
4,557 413
1,096 443
5,376 470
22
FY1988
Magistrate Courts
A statewide system of
magistrate courts was constitutionally created in 1983 to replace justice of the peace, small claims and other similar courts. A chief magistrate, who may be assisted by one or more magistrates, presides over each of the 159 magistrate courts in the state.
Magistrate court jurisdiction encompasses civil claims of $3,000 or less; trials for county ordinance violations; applications for and issuance of arrest and search warrants; holding preliminary hearings, issuing summonses, dispossessory writs and distress warrants.
Magistrates may grant bail in cases for which the setting of bail is not exclusively reserved to another court, administer oaths and issue subpoenas, as well as sentence and fine for contempt up to 10 days imprisonment and/or $200.
No jury trials are held in magistrate court, and cases involving county ordinance violations in which the defendant submits a written request for a jury trial are removed to superior or state court. These courts also hear
appeals from judgments of magistrate courts.
In addition to hearing cases, duties of the chief magistrate include assignment of cases, setting of court sessions, appointment of other magistrates (with the consent of the superior court judges) and deciding disputes among other magistrates.
Minimum compensation for chief magistrates and magistrates is fixed by statute. Unless otherwise provided by local law, the number of magistrates in addition to the chief is set by majority vote of the county's superior court judges.
Chief magistrates are either appointed or elected in partisan, countywide elections to serve for a term of four years. Terms for other magistrate judges run concurrently with that of the chief magistrate who appointed them. The authority to appoint a replacement if a vacancy occurs in the office of chief magistrate usually resides with a circuit's superior court judges.
To qualify for candidacy for magistrate office, persons must reside in the county for at least one
year preceding their term of office, be 25 years of age and have a high school diploma or its equivalent. New magistrates, unless they are active members of the state bar, must complete an initial 40-hour course for certification and all magistrates must satisfy an annual 20-hour continuing education requirement. The Georgia Magistrate Courts Training Council formulates the curricula for the seminars and sets the standards for certification, and the training courses are coordinated by the Institute of Continuing Judicial Education.
As provided by law, judges of other limited jurisdiction courts may also serve in the capacity of magistrate in the same county. At the end of FY'88, 31 probate judges, two civil court judges, two juvenile court judges and one municipal court judge also served as chief magistrate or magistrate.
Fiscal year 1988 magistrate court caseload is presented on pages 24-26 for 140 counties submitting data.
23
15th Annual Report
FY 1988 Magistrate Court Caseload (Cases filed)
County
Warrants Issued
Bond and Committment
Hearings
County Ordinances Filed Disposed
Civil Claims Filed Disposed
Appling Atkinson Bacon* Baker Baldwin
781 232 186 127 2,158
548
260
120
438
164
0
1
1
195
185
0
79
0
213
0
93
0
0
92
42
364
19
98
2,476 2,100
Banks Barrow Ben Hill Berrien Bibb
260 2,262 1,427
962 8,768
13 576 136
3 3,979
9
5
274
154
239
236
701
284
179
150
1,405 1,208
0
0
441
358
0
0
2,346 2,169
Bleckley Brantley* Brooks Bulloch Burke
646 61
492 3,435 1,243
288
32
99
246
240
3
8
8
74
30
334
132
110
457
317
99
1
1
1,397 2,555
16
0
0
559
506
Butts Calhoun Camden Candler* Carroll
926 139 1,314 386 2,426
122
24
71
328
295
1
12
12
123
126
512
7
6
396
204
124
46
0
176
85
78
49
49
1,231
924
Catoosa Charlton Chatham Cherokee Clarke
1,801 428
8,322 4,627 9,151
435 23
3,605 173
2,273
89
87
274
326
23
25
134
43
759
449
6,907 4,218
4
2
1,077
790
58
112
1,436 1,271
Clay Clayton* Clinch Cobb* Coffee
161 5,628
244 11,342
4,548
95 6,277
1 1,177
85
0
0
50
44
56
44
1,170
979
0
0
196
6
885
921
2,176 1,578
0
0
1,468
689
Colquitt Columbia Cook* Coweta Crawford
2,266 1,525
271 3,209
223
606
0
0
2,225
200
305
542
359
1,010
816
10
0
0
76
88
22
1,222
640
1,743 1,466
46
30
19
117
63
Crisp Dade Dawson Decatur DeKalb
960 1,675
414 1,055 17,049
451 1,443
125 378 25,985
374
546
578
538
0
0
259
215
3
0
396
339
0
0
1,342
21
593
692
3,890 2,019
Dodge Dooly Dougherty Douglas Early
1,365 471
7,864 3,607
429
0
0
0
355
149
98
0
0
413
277
292
0
0
3,621 3,621
710
275
299
673
466
15
0
0
331
330
Echols Effingham Elbert Emanuel Evans
21 832 1,184 906 301
16
0
0
26
17
107
54
54
265
260
540
0
0
490
346
429
380
287
729
723
98
342
223
330
63
Fayette Floyd Franklin Fulton Gilmer*
925 5,289
733 14,115
135
457 1,000
109 19,234
90
418 1,171
96 20,604
0
360 329 135 12,917
0
689 2,385
535 5,021
151
545 1,591
345 2,899
191
Glynn Gordon Grady* Greene Gwinnett
3,667 2,821
121 379 9,969
176 722
45 10 5,252
972
971
1,647 1,071
143
305
649
329
0
3
223
217
0
0
780
944
92
623
2,632 2,935
Habersham* Hall Hancock Haralson Harris
338 2,189
229 534 633
112 4,142
162 10
125
20 1,613
69 282
62
20 1,302
28 204
23
188 1,645
891 265 398
136 1,348
676 114 321
Other Civil Cases Filed Disposed
150 66 70 34
1,955
150 66 70 34
1,955
74 442 1,127 182 1,227
74 442 1,127 182 1,227
126
126
11
11
198
198
645
645
190
190
154
154
68
68
285
285
58
58
961
961
250 74
9,095 1,014 2,187
250 74
9,095 1,014 2,187
6 6,024
111 0
718
6 6,024
111 0
718
904 400
55 1,039
36
904 400
55 1,039
36
655
655
60
60
53
53
578
578
119
119
186 113 3,882 725 152
186 113 3,882 725 152
0
0
72
72
314
314
312
312
192
192
338 2,213
163 59,916
9
338 2,213
163 59,916
9
1,547 368 68 281
7,634
1,547 368 68 281
7.634
84 1,617
254 93
126
84 1,617
254 93
126
Total Filinqs
1,629 494 548 253
6,608
617 3,644 4,138 1,585 12,341
1,050 154
1,279 5,478 1,992
1,432 342
2,002 666
4,667
2,414 659
25,083 6,722 12,832
217 12,878
551 14,403
6,734
5,395 3,477
402 7,213
406
2,567 1,994
866 2,975 21,651
1,906 997
15,367 5,280 912
47 1,223 1,988 2,327 1,165
2,370 11,058
1,527 99,656
295
7,833 3,981
412 1,440 20,327
630 7,064 1,443 1,174 1,219
Total Hearings and Dispositions
982 252
70 169 4,517
246 1,538 2,621
543 7,375
753 52
959 3,300
712
--~-
642 207 1,007 267 2,012
1,098 165
17,367 1,979 5,843
145 13,324
118 3,676 1,492
1,710 1,880
153 3,169
164
2,190 1,718
517 977 28,815
335 488 7,795 2,200 497
33 493 1,200 1,751 576
1,700 5,133
752 94,966
290
3,765 1,724
333 1,235 16,444
352 8,409 1,120
421 595
24
F1988
FY 1988 Magistrate Court Caseload (Cases filed)
County
Hart Henry Houston Jackson Jasper
Jeff Davis Jefferson Jenkins Johnson Jones
Lamar Lanier Laurens Lee Lincoln
Long Lowndes Lumpkin Macon Madison
Marion McDuffie Mcintosh Miller Monroe
Morgan Muscogee Newton Oconee* Oglethorpe
Paulding* Peach Pickens Pierce* Pike
Pulaski Putnam Quitman Rabun Randolph
Richmond Rockdale Schley Seminole Spalding
Stephens Stewart Sumter Tattnall Taylor
Telfair Terrell Thomas Tift Toombs
Towns Treutlen Troup Turner Twiggs
Upson Walker Walton Ware Warren
Warrants
Issued
520 1,739 6,476 1,236
297
974 863 419 370 1,102
647 389 2,243 366 151
319 5,570
465 785 429
115 1,146
477 175 737
421 0
2,262 95 201
1,094 1,432
685 529 360
303 471
30 385 394
8,407 2,064
137 330 3,203
1,639 349
2,296 170 262
625 498 2,307 3,960 3,250
217 395 1,756 476 258
886 1,287 1,488 2,116
98
Bond and Committment
Hearings
143 2,355 2,505
111 117
531 268
35 22 6
61 67 2,151 72 64
107 1,547
200 147 346
52 234 228
0 89
199 0
1,203 0 35
528 1,260
12 124 159
128 618
5 4 48
1,409 1,645
125 22 1,836
239 38
1,030 51 33
108 342 724 957
9
3 91 51 269 132
455 337 363 1,444
0
County Ordinances Filed Disposed
0
0
570
553
0
0
5
11
0
0
386
370
216
216
0
0
71
71
0
0
0
9
0
0
798
800
8
5
59
59
14
28
1,119
42
129
45
150
117
109
0
0
0
22
15
0
0
0
0
0
0
115
11
0
0
1,084
986
2
2
2
6
117
173
103
119
189
56
0
0
5
4
0
0
0
0
0
0
0
0
0
0
8,122 1,012
0 26 448
8,122 802 0 26 288
0
0
58
58
572
2
346
194
10
0
0
0
83
83
907
846
0
0
525
833
0
0
0
0
71
7
63
50
3
0
185 53 639 1,355
0
37 86 585 1,355 0
Civil Claims Filed Disposed
483 1,039 1,240
661 177
235 1,199 1,115
748 171
464
509
733 733
491
435
206 187
652 224
351
307
184 188
901 1,623
319 267
332 163
91 3,520
301 468 373
98 1,061
279 381 294
84 104
933 647
216 206
280
0
583 499
419 347
818
302
1,227 890
92
75
136 137
517 523
418
280
240 199
131
133
149
86
291
214
888 769
17
17
287 255
204 215
5,822 792 79 314
2,101
3,933 901 71 139
1,412
523
90
63
63
889 833
540 444
159
50
343 349 2,211 1,165 1,198
305 283 1,852
74 878
52 112 3,946 223 176
44 112 3,033 227 140
529 131
642 291
965 848
799
799
243
214
Other Civil Cases Filed Disposed
204 509 1,324 339 115
204 509 1,324 339 115
248
248
317
317
220
220
134
134
152
152
259
259
64
64
953
953
112
112
100
100
14 2,672
114 317 77
14 2,672
114 317 77
50
50
411
411
82
82
42
42
233
233
161
161
4
4
644
644
46
46
85
85
258
258
226
226
65
65
58
58
43
43
74
74
201
201
0
0
36
36
21
21
6,277 871 37 84
2,667
6,277 871 37 84
2,667
212
212
36
36
812
812
157
157
18
18
196 174 1,078 604 1,495
196 174 1,078 604 1,495
2 55 2,990
86 74
2 55 2,990 86 74
356 400 1,228 739 111
356 400 1,228 739 111
Total Filings
1,207 3,857 9,040 2,241
589
2,072 2,129 1,130
781 1,906
1,257 637
4,895 805 642
438 12,881 1,009 1,720
988
249 2,512
775 497 1,553
1,116 822
5,217 235 424
1,986 2,179 1,179
718 557
668 1,560
47 708 619
28,628 4,739
253 754 8,419
2,374 506
4,569 1,213
449
1,164 1,104 6,503 5,729 6,468
271 562 8,763 848 511
1,956 2,382 4,320 5,009
452
Total Hearings and Dispositions
582 4,616 4,944 1,209
403
1,658 1,534
690 414 382
636 319 5,527 456 386
247 5,322
638 962 717
206 1,307
516 42 821
718 306 3,723 123 263
1,482 1,885
332 315 292
416 1,588
22 295 284
19,741 4,219
233 271 6,203
541 195 2,677 846 101
609 882 4,500 1,635 3,215
49 258 6,081 632 346
979 1,114 3,024 4,337
325
25
15th Annual Report
FY 1988 Magistrate Court Caseload (Cases filed)
County
Washington Wayne Webster Wheeler White
Whitfield Wilcox Wilkes Wilkinson Worth
TOTALS
Warrants Issued
1,046 859 62 199 400
5,434 202 293 340 985
247,153
Bond and Committment
Hearings
14 97 38 25 337
57 86 99 11 117
113,130
County Ordinances Filed Disposed
143
140
0
0
0
0
0
0
102
95
12
1
22
17
71
44
23
14
0
0
52,452 40,328
Civil Claims Filed Disposed
1,260 465 39 152 295
1 '183 685
39 126
357
2,090 343 335 354 412
1,695 334 302 354 393
116,320 86,321
Other Civil Cases Filed Disposed
508
508
220
220
9
9
57
57
74
74
1,479 108 179 123 210
1,479 108 179 123 210
146,770 146,770
Total FilinQS
2,957 1,544
110 408 871
9,015 675 878 840
1,607
562,695
*Partial submissions for FY 1988.
Total Hearings and Dispositions
1,845 1,002
86 208 863
3,232 545 624 502 720
386,549
Other Courts
Along with the two appellate and five classes of trial courts, approximately 400 local courts form the Georgia court system. Several special courts and numerous (390) courts serving incorporated municipalities operate under a variety of names with varying jurisdiction.
Originally created by statute or constitutional provision, certain special courts have limited civil and criminal jurisdiction throughout the county. Such courts include the civil courts located in
Bibb and Richmond counties and the Municipal Court of Columbus (see court organizational chart, page 6). Special courts authorized to exercise criminal jurisdiction only are the county recorder's courts of Chatham, DeKalb and Gwinnett counties and the consolidated government of ColumbusMuscogee County.
At the local level, Georgia has courts of incorporated municipalities that try local traffic offenses, exercise criminal jurisdiction of magistrate courts and may have
concurrent jurisdiction over cases involving one ounce or less of marijuana.
Although first established under various names (city courts, mayor's courts, municipal courts, police courts, recorder's courts), these courts were redesignated as municipal courts by the 1983 state constitution. (An exception is the City Court of Atlanta, which retains its original name.)
Qualifications of judges and terms of office in municipal courts are set by local legislation.
26
FY1988
Judicial Agencies
Judicial Council
of Georgia
Since its creation by statute in 1973, the Judicial Council has served the Georgia judiciary and citizenry as the state-level judicial planning agency by coordinating administrative efforts for and recommending improvements in the state judicial system. An administrative arm of the Supreme Court since 1978, the council advises the legislature and the governor on the need for additional superior court judgeships by evaluating circuit caseloads and circumstances. The council also responds to legislative directives and individual requests for studies and initiates projects to generate efficiencies in the state's courts.
Twenty-four representatives of the appellate and trial courts serve on the Judicial Council. The Supreme Court's chief justice and presiding justice act as the chairman and vice chairman, respectively. The chief judge and another member of the Court of Appeals, the presidents and presidents-elect of the superior, state, juvenile, probate and magistrate court councils and the 10 superior court district administrative judges complete the council's membership.
The full council meets at least twice each year, as it did in December 1987 and June 1988, to consider its committees' recommendations regarding specific studies and ongoing projects. It oversees the activities of the Administrative Office of the Courts and the Board of Court Reporting (see following pages).
The Judicial Council entered into a $70,500 contract with the 10 judicial administrative districts for district personnel to conduct the 1986 calendar year casecount in the summer of 1987. Raw data obtained by the districts was ana-
lyzed by the Administrative Office of the Courts and the results were submitted to the council for evaluation in regard to three requests for additional superior court judgeships.
In considering added judgeships, the Judicial Council seeks to achieve a balanced and equitable distribution of superior court caseload in order to promote speedy and fair trials of citizens' cases. Endorsements are based on information that clearly and convincingly depicts the necessity of additional manpower, and, as a matter of policy, the council does not recommend the creation of new part-time judgeships or additional circuits.
The council compares a requesting circuit's situation, in terms of weighted caseload, average filings, jury trials, open caseload, population and days of senior judge assistance, to that of the remaining circuits. Following evaluation of these factors in 1987, the council recommended to Governor Harris and the General Assembly the creation of a ninth superior court judgeship in the Stone Mountain Judicial Circuit andreconfirmed its recommendation that the Appalachian circuit receive a second judgeship.
In response to a request from a state representative from the Brunswick Judicial Circuit, the council evaluated a proposal to divide the five-county circuit into two circuits. As a result, it voted to recommend the division of the circuit into separate two-county and three-county circuits. Requests for a third judgeship in the Flint Judicial Circuit and for consolidation of the superior and state courts in the Houston Judicial Circuit were also considered by the council, but endorsements regarding these issues were not made to the legislature.
At the end of the fiscal year, the council authorized the Administrative Office of the Courts to
27
15th Annual Report
study 1987 caseload data to determine the need for new superior court judgeships for the Atlantic, Cherokee, Cobb, Eastern, Gwinnett and Southern circuits and to review the need for two new judgeships in the Atlanta Judicial Circuit.
The council also received a request to investigate the workload of the superior courts of the Augusta Judicial Circuit to see whether there was justification for making Columbia County a singlecounty circuit.
After a year-long study, the council's Child Support Enforcement Committee finalized a report on the status of the methods, agencies and authorities in Georgia that set and enforce orders for child support. Created by the council in response to a House of Representatives' directive (1986 House Resolution 736), the committee was charged with examining the equity of powers between the state's courts and administrative agencies in order to properly allocate powers and resources for the enforcement of child support orders.
Included in the report and recommendations submitted to the House Judiciary Committee were the following proposals:
1) Georgia law should provide for only one receiver agency per circuit;
2) courts should be responsible for the operation of "expedited process" systems (referees, special masters, court commissions) which meet federal requirements;
3) only one court order of child support should be in effect at any time; and
4) receivers' offices should be automated and their computers networked to communicate with the State Office of Child Support Recovery.
In addition, the committee endorsed a stronger role for the judicial branch in the recovery of child support payments in arrears.
The council also released the Information Systems Guide for the Superior Courts of Georgia in May 1988 as a standard for superior courts to use when planning to automate formerly manual procedures or when upgrading computer systems already installed. The Guide is intended to facilitate the process of selecting hardware and software by local court managers for their particular needs.
The result of two years of research by the council's Electronic Data Processing Committee, the book defined the data elements needed to fulfill reporting requirements to various state agencies. Following publication of the guide, the committee began study of automation in all Georgia courts.
The council was requested by the Secretary of State's office to ascertain the judiciary's interest in establishing a computer link between the offices of each superior court clerk and the state's mainframe computer network. A joint effort of the Secretary of State and State Bar to revise the corporate code and allow attorneys to access directly the state's data base concerning documents of incorporation through terminals in clerks' offices led to the request.
The plan involved an increase in the filing fee for incorporation and a users' fee for inquiries at the local level to generate funds for the statewide network. The Judicial Council approved in concept legislation proposed by the Secretary of State for the 1989 General Assembly session and endorsed a suggestion that the computer hardware include personal computers rather than dumb terminals and that with project funds be appropriated through the council's budget.
Concern with providing postconviction representation for indigents in death penalty cases brought a request before the council to include $300,000 in its FY'89 budget application to help fund
the Georgia Appellate Practice and Educational Resource Center. The funds were to be used to purchase materials, provide staff to support law firms' pro bono work and assist in researching legal questions associated with such cases. The council included the request in its new budget and later was appropriated $150,000 to be combined with grants totaling $371,719 from the United States Judicial Conference and $25,000 from the Georgia Bar Foundation, for the resource center.
As charged by law, the Judicial Council took administrative action in different areas. It reviewed and approved a general revision and clarification of the rules of the Board of Court Reporting as recommended by the board. The council also voted to approve completion of an American Academy of Judicial Education course, brought to Georgia for attorney magistrates, in fulfillment of the 20-hour annual recertification requirement for magistrates, as part of the Magistrate Courts Training Council's 1989 curriculum.
In other action, the council agreed to sponsor jointly with the Younger Lawyers Section of the State Bar and the Carl Vinson Institute of Government the statewide high school mock trial competition.
Administrative
Office of the
Courts
The Administrative Office
of the Courts (AOC) provides budget, research and management information services for the state court system and serves a liaison function through its administrative
28
FY1988
activities in connection with national-level and other state-level judicial agencies. The AOC also serves as staff to the Judicial Council, working closely with the chairman, the chief justice of the state Supreme Court.
The AOC's administration/ operations division performs fiscal support services that involve coordination of the judicial branch appropriations request as well as serving as accounting officer for eight other judicial agencies. The fiscal office handles tasks associated with payroll, accounts payable, cash management, purchasing, inventory control, personnel records and financial reporting for these agencies.
In FY'88, the AOC fiscal section managed 56 separate funding sources comprising all or part of five of the seven budget units in the judicial branch (see table, p. 3). These funding sources included 25 state fund allocations, 12 federal grants and 19 fee or other revenue accounts.
Another function of the administration/operations division is the promotion of communication and the exchange of information among judges, court support personnel and public and private judicial organizations. This objective is accomplished primarily through the production of a variety of informational publications, including the Georgia Courts Journal, a periodical which informs readers of changes in court procedure, judicial personnel appointments and elections, recent legislation, local and national court management activities and judicial process events.
In FY'88, five issues of the Courts Journal and one index were published and distributed to 3,000 local, state and national officials. The AOC prepared and distributed eight weekly issues of the Judicial Legislative Log, a digest of court-related legislation, to more than 850 judges, county officers and court administrative personnel.
The 1987-88 Georgia Courts Directory, which contains address information for Georgia county, state and federal judicial branch officials, was provided at no cost to judicial branch personnel and was made available at cost to attorneys and other persons. The AOC also produced the judiciary's Fourteenth Annual Report on the Work of the Georgia Courts.
Eight issues of the Public Relations Digest-abstracts of news and feature items about the judiciarywere compiled and circulated to Judicial Council members to gauge public opinion about court activities and to identify matters of concern to the council.
Seven press releases were also issued to the state's print and electronic media during the year to announce Judicial Council action regarding the creation of additional superior court judgeships.
Approximately 150 printing projects were coordinated by the AOC communications staff for itself and other judicial agencies.
The AOC's research/court services division gathers statistical, financial and other information on the judicial work of the courts so that it can identify current and future needs and propose recommendations for improvement. The AOC responds to requests for studies from the General Assembly and the judicial community and initiates projects to fulfill its legislatively prescribed duty to serve the courts (see list of AOC duties on p. 30).
Each year the primary research effort is aimed at supervising the collection of caseload and other data on the trial courts' work. Through a contract with the judicial administrative districts, the AOC expended $70,500 on manual counting of calendar year 1986 cases in the superior and juvenile courts.
New casecounting strategies were designed to incorporate changes necessitated by a decision
to simplify filing type categories. On the criminal side, misdemeanor and traffic cases were combined into one misdemeanor class and independent motions were merged into the domestic relations and civil categories. The counting and classification of probation revocations were also reexamined.
Weights for both the Delphi and Ratio caseload analysis systems were adjusted for the new methodology. The AOC entered into a three-year contract with the administrative districts in order to stabilize casecount procedures. Upon recommendation of the AOC, the Judicial Council approved in concept the use of a face sheet with criminal and civil cases to improve the accuracy of court records and the annual casecount.
CY 1986 data submitted by district personnel was audited and analyzed in terms of judicial workload and presented to the Judicial Council to formulate recommendations on the need for additional superior court judgeships in the Appalachian and Stone Mountain circuits, the consolidation of the state and superior courts in Houston County and the feasibility of dividing the Brunswick Judicial Circuit.
The AOC generated reports of district, circuit and county caseloads in response to individual requests for cascload information and compiled open caseload reports for the 45 superior court circuits for CY 1987. Following an analysis of the number of open cases, the AOC estimated average processing times for each judicial circuit, and the Chief Justice notified judges of their circuit's current rate of case dispositions.
It was found that the 10 circuits in the state with the shortest overall processing times were: Oconee, Atlantic, South Georgia, Eastern, Northeastern, Ogeechee, Conasauga and Gwinnett (tie), Waycross, Alapaha and Rockdale.
29
15th Annual Report
Duties of the Judicial Council/Administrative Office of the Courts
1) Consult with and assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested
2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement
3) 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
4) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation
5) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system
6) Perform such additional duties as may be assigned by the Judicial Council
7) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts
8) Receive grants from any source, public or private, and expend funds and perform services in accordance with the terms of any grant
9) Prepare, publish and distribute, from time to time, studies and reports relating to the administration of justice, impose reasonable charges for such reports where appropriate on either an indiv:dual or subscription basis and retain any proceeds of such charges
10) Provide clerical, technical, research or other assistance to individual courts to enable them more effectively to discharge their duties
11) Enter into contracts as necessary to perform its other duties
The Rockdale Judicial Circuit, which had also improved its processing times the greatest, was nominated for a National Foundation for the Improvement of Justice Award for its efforts in case delay reduction.
The AOC continued to work with the magistrate, state and probate court judges' councils on their self-reporting caseload systems. It revised the magistrates' case data reporting forms to include bad checks as a new category and eliminate the nontrial category for civil case dispositions and provided for more detailed information on fines, fees and financial data.
The AOC also worked with a committee of state court judges and clerks in developing quarterly report formats for both automated and manual systems. Participating in these self-reporting systems were 140 magistrate courts, 106 probate courts and 24 state courts.
Processing of data on superior court cases begun in six counties in FY 1987 under a pilot case reporting system was continued in FY'88. After receiving civil and criminal case information for a full year from superior court clerks' personnel in Bartow, Hall, Lumpkin, Pulaski, Rockdale and Spalding counties, AOC research staff were able to produce computerized annual casecounts.
This case-by-case system was also implemented in Baldwin, Charlton, Cherokee, Fayette, Habersham, Lee, Rabun and Towns counties during FY 1988. Reports were generated on a monthly basis according to data periods specified by participating courts.
The AOC assisted the Judicial Council's Electronic Data Processing (EDP) Committee in publishing the Information Systems Guide for the
Superior Courts in Georgia. The book was distributed to all superior court judges and clerks, computer vendors involved with court software systems, county data processing managers and state agencies to which superior court clerks are statutorily required to furnish information.
The purpose of the guide is to:
1) identify and document data and its form to be furnished to state agencies by superior court clerks,
2) identify and document data needed for daily operation of clerks' offices in civil and criminal case management, and
3) describe a model data base which encompasses both of the above for use by clerks and systems analysts in designing and implementing computer systems for superior court clerks' offices.
AOC research staff developed and distributed a third computer survey to all trial courts to identify computer usage in the state. Like previous surveys, the 1988 effort will catalog operating systems and software, type of court functions being automated and vendors providing services to Georgia courts. The survey is designed to update the 1986 computer survey and to furnish planning information to the EDP Committee.
The AOC aided the EDP Committee in responding to arequest from the Secretary of State to plan a statewide computer network to link all superior court clerks' offices and provide a personal computer to each office. The immediate purpose of the network is to provide access to corporate charter information by the public and attorneys through the clerk's office.
The system will provide other benefits as well, such as electronic mail and word processing capabilities. It should also pave the way for additional future automation of clerks' functions.
30
FY1988
As mandated by a 1986 House of Representatives resolution, the AOC and the Judicial Council studied child support enforcement powers and programs in Georgia courts and agencies. The AOC was involved in the research, publication and distribution of the Judicial Council's report on improving the enforcement of child support in the state. The report was presented to the House of Representatives' Judiciary Committee, the Governor's Commission on Child Support Enforcement and local Offices of Child Support Recovery.
Also during the year, the AOC provided services in a number of other areas. Issues identified by judicial branch personnel for improvement of the state's criminal justice system were submitted to the Governor's Criminal Justice Coordinating Council for its annual plan. A presentation on the role of the courts and the function of the AOC and Judicial Council was made to the Association of County Commissioners of Georgia. The AOC analyzed population and caseload of the judicial administrative districts to assist in an examination of the need to realign district boundaries to balance workload.
The Jury Commissioner's Handbook was updated for changes in Georgia law and distributed to superior court clerks. AOC data processing staff completed an internal computer support transition, installing new computers, centralizing word processing functions and implementing a new judicial personnel mailing system.
The AOC continued to provide secretariat services to six agencies and organizations. As required by statute, staff assistance was provided to the Board of Court Reporting and the Georgia Magistrate Courts Training Council. The AOC's judicial liaison officer also worked with the Council of Probate Court Judges' bylaws committee, assisted the Executive Probate Judges Council in the development
of training curricula, staffed meetings of the Superior Court Clerks Training Council and aided the Council of Magistrate Court Judges in the development of their benchbook.
Board of Court
Reporting
The Board of Court Reporting operates under authority of the 1974 Georgia Court Reporting Act to as'>ist the state's judiciary by insuring proficiency in the practice of court reporting and encouraging high standards of professionalism among reporting practitioners. The board also investigates complaints filed against court reporters and administers disciplinary action when warranted. The Judicial Council appoints board members and governs official court reporting fees through regulation and adjustment of an established fee schedule.
The board conducts examinations twice annually as part of a qualifications procedure to certify court reporters in the state. Both freelance and official court reporters are required to achieve certified status or to obtain a temporary permit from the board or from a judge to practice.
Board permits are issued for a single ~esting period and may be extended only once at the board's discretion. Persons holding board permits may work in a freelance or official capacity. Judicial permits are issued on the signature of a judge, and these permits may be revoked by the board only with the approval of the issuing judge. Reporters on judicial permits who report more than 100 hours per year must attend the certification exams and are restricted to working in the court of the supervising judge.
The exams consist of a skills test in one of three elected methods of takedown, including machine or manual shorthand or Stenomask. Reporters must pass the "B" test, which involves dictation, transcription and a written exam, to become certified. The optional "A" test provides certified reporters an opportunity to upgrade their professional status. Individuals who pass the initial examination submit a renewal fee by April 1 of each year to remain certified.
At the two tests administered in FY'88, 24 percent of the 276 persons taking the "B" test passed and were certified. Four reporters of 19 successfully completed the "A" test.
In addition, the board issued 14 "B" certificates to Georgia reporters recognized by the National Stenomask Verbatim Reporters Association and the National Shorthand Reporters Association, since certification by these groups verifies that the reporter has been tested at or above the board's "A" level and passed.
As of June 30, 1988, there were 797 active certified court reporters in the state. Sixteen reporters held temporary judicial permits, while 71 were working on temporary board permits. The board issued 100 new temporary permits during the year.
The board dismissed two formal complaints in FY'88 because it could find no grounds for a hearing in either case. One complaint alleged that trial tapes had been destroyed in violation of the retention schedules set by the Administrative Office of the Courts. The second complaint claimed that the court reporter had refused to furnish a trial transcript.
The board took action in a number of other areas during the year. In response to a request from a court reporter, it rendered an opinion concerning ownership of deposition reproduction rights. The board concluded that "only the
31
15th Annual Report
parties to a lawsuit or the deponent have reproduction rights to the deposition and that a court reporter may not refuse to prepare a transcript and furnish a copy of it to either one of those persons, so long as the person requesting the copy is willing to pay for it. Nor may a court reporter prohibit either party to a lawsuit or the deponent from reproducing the copy of the deposition received from thereporter."
After reviewing its rules, the board presented several changes to the Judicial Council for approval in June. The primary changes clarified existing rules on testing. One revision provided for verification of U. S. citizenship on test applications. The board also adopted a policy on testing handicapped reporters. The Judicial Council approved the requested changes.
The board continued to oversee the certification process, making administrtive adjustments as necessary. A new written test was devised to replace two tests that had been in use for four years. The board also processed revocations and extensions of temporary permits, as well as license suspensions for court reporters who failed to renew their certificates by the deadline.
The Georgia Certified Court Reporter's Association, the profession's alliance for education and training, held two seminars during FY '88 in Atlanta and Savannah. The fall seminar program included a presentation on the need for court reporting services by the state Attorney General's office and a panel discussion on uniform reporting procedures. The spring seminar included segments on stress management and computers.
Seven members comprise the Board of Court Reporting and include four certified court reporters, two representatives from the State Bar of Georgia and one representative from the judiciary, who has
historically been a superior court judge. The members serve twoyear terms of office and the Judicial Council appoints new members to fill any vacancies which may occur. Each person is required to have accumulated at least five years' professional experience to qualify for membership. In addition to the seven members, the director of the Administrative Office of the Courts serves as secretary, and the clerk of the board performs staff functions.
Council of
Juvenile Court
Judges
(Annual Report for fiscal year 1988, as required by OCGA 15-11-4.)
The Council of Juvenile Court Judges is composed of all judges of the courts exercising jurisdiction over juveniles. Council membership for FY 1988 included 51 full or part-time juvenile court judges and 59 superior court judges exercising juvenile jurisdiction. Thirty juvenile court referees assist these judges in hearing cases.
Staff of the council provide assistance for judges and local court staff regarding matters of court administration, court services, probation and intake standards and procedures, foster care review, uniform dockets, automation, uniform court rules and other issues relating to the special functions of juvenile court.
Judges receive yearly certification training at biannual seminars conducted in conjunction with the Institute of Continuing Judicial Education. During the past fiscal year, 51 judges were certified by the council. A new uniform rule effective in 1988 requires referees
to become certified beginning in calendar year 1989.
Special projects initiated by the council throughout FY'88 included: 1) revisions of the Uniform Rules
of Practice and Procedure necessary to implement statutory changes; 2) formation of a joint committee working with the Division of Youth Services to produce intake and probation standards for Georgia's juvenile courts; 3) passage of a resolution by the council regarding removal of children from jails; 4) liaison with the Institute of Government for production of an educational video about the juvenile court; 5) a joint effort with the Division of Youth Services to prepare an informational brochure on the role of the juvenile court in addressing the needs of status offenders; 6) planning for the July 1989 meeting of the National Council of Juvenile and Family Court Judges to be held in Atlanta; and 7) establishment of a liaison committee with the Division of Mental Health to discuss issues of mutual concern.
During FY 1988, the Purchase of Services for Juvenile Offenders Program provided $200,228 to Georgia's juvenile courts for the development of community-based resources for children on probation or otherwise under the court's jurisdiction. Funding for reimbursement of local services is provided through a grant from the Governor's Juvenile Justice Coordinating Council.
The program has been instrumental in the creation of restitution and community services programs in 51 counties. Funds are also used for after-school and summer tutorial programs, counseling and diagnostic testing, temporary housing and transportation. These
32
FY1988
local efforts provide opportunities for children to make constructive changes and remain in their communities. In FY'88, the program involved 95 counties and served 2,375 children with an average expenditure per child of $84.31.
In February 1988, the council received a $264,000 grant from the Criminal Justice Coordinating Council for the establishment of four substance abuse intervention units. The juvenile courts of Cobb, Douglas, Floyd and Gwinnett counties were selected as project sites.
The units will provide assistance to the juvenile court in identifying, assessing and evaluating adolescents under the court's jurisdiction. Each unit is funded for 12 months of operation and will handle a minimum of 200 cases. A project procedures manual was developed for the Adolescent Substance Abuse project by the council and a researcher from Georgia State University under contract with the council.
During the year, the Perma-. nent Homes for Children program involved over 400 volunteers, appointed by juvenile court judges and trained by council staff, who monitored the progress of children in foster care in 22 counties. This 14.5 percent increase in the number of volunteers, along with the addition of two new panels, indicates strengthening citizen and community interest in the program.
Time spent by citizen volunteers totals approximately 15,000 hours annually. A computerized tracking system developed to monitor the program's operation measured 2,003 case reviews involving citizen panels in the past year.
In FY'88, the General Assembly provided the program $54,000 in state funds to continue activities such as an annual training conference for volunteers, a State Board organization and the Permanent Homes Newsletter. The newsletter is a quarterly publication which is distributed to more than 750 panel
members, judges, legislators and child advocates. Funds were also used for a half-time field position, a part-time administrative assistant and a data entry clerk.
In October 1987, the council sponsored the Third Georgia Conference on Permanency Planning, "Making Panels Work for Children." The conference was held in Atlanta, with 250 volunteers and professionals attending. Participants were addressed by keynote speaker State Attorney General Michael J. Bowers.
In June 1988, Governor Joe Frank Harris presented the Permanent Homes program with the Juvenile Justice Coordinating Council's Exemplary Project Award.
The Georgia Juvenile Information System expanded from 10 to 15 counties to include Chatham, Muscogee, Spalding, Troup and Whitfield. Preliminary work was undertaken for further expansion into Gwinnett and Rockdale counties. An operator's manual and directory was made available for counties on the automated system.
The Child Information, Reporting and Tracking System (CIRTS) software produces two additional statistical reports giving the system the capability to produce detailed complaint breakdown by age, race and sex; referrals by month; filings and dispositions; treatment alternatives; and average time elapsed between juvenile court proceedings.
During FY'88, the data entry staff entered more than 10,000 juvenile complaints and dockets from non-automated counties, bringing the total number of child records on the statewide system to 25,000 on June 30, 1988. Inadequate funding for data entry has produced a backlog of case entries. During FY'88, the council was able to enter juvenile court records for only 94 of the state's 144 nonautomated counties. Continued coop-
eration by juvenile court clerks throughout the state has expedited implementation of the automated child recordtracking system.
For the past 10 years, the council has participated with the Division of Youth Services in a joint training project to provide training for direct service personnel of the state's juvenile courts. The project utilizes in-service juvenile justice professionals from various probation and treatment agencies as trainers to offer 39 training workshops throughout the year.
Funds for the training are provided by the federal formula grant program administered by the Juvenile Justice Coordinating Council. The project provides training in skills development, family and individual counseling and other needs of juvenile justice professionals. A total of 696 professionals were trained in the past year; 486 were employees of the Division of Youth Services and 210 were employees of independent juvenile courts.
Grant funds obtained from the Governor's Juvenile Justice Coordinating Council provided for three summer law internships with juvenile courts. Two students worked with the Juvenile Court of Chatham County and a third was placed with the Juvenile Court of Clayton County. Duties are assigned by the juvenile court judge with an emphasis on direct involvement with juveniles.
Statutes enacted by the General Assembly affecting the juvenile courts in 1988 included a measure to amend the Parental Notification Act to correct constitutional defects in the original act regarding abortions performed on minor children; an act authorizing testing of certain children for AIDS and creating new offenses related to risk of transmitting AIDS; and an act creating the Commission on Children and Youth to improve coordination and communication among child-serving agencies.
33
~--------------------------------------------------------------~--~~--------~~~~~~~~~--~--~15th Annual Report
Council of
Superior Court
Judges
The Council of Superior
Court Judges is composed of all superior court judges (137) and senior (retired) superior court judges (37). Its purpose and goals are to effectuate the constitutional and statutory responsibilities conferred upon it by law, to identify and seek solutions to problems common to all judges and to pursue matters of mutual interest in furthering the improvement of justice and the judiciary in Georgia.
During the past fiscal year, the council began an effort aimed at improving communication among the trial courts. Toward this goal, the council convened the first of a planned series of meetings with the leadership of the five trial court councils, the councils of magistrate, probate, juvenile, state and superior court judges. This initial conclave lead to the creation of a committee whose charge is to insure consistency in and vertical uniformity among the uniform rules of each court. Dubbed the "supercommittee," this group is composed of the chairpersons of each council's uniform rules committee.
During the 1988 Session of the Georgia General Assembly, the council actively sought a legislative solution to the concentration in certain circuits of death penalty habeas corpus cases. The council supported Senate Bill 99 which was designed to utilize the state's entire superior court bench as a resource to effect more rapid hearings in these cases. The statutory enactment of this bill, in OCGA 15-19.1, provides that the chief judge of the court in which a death penalty habeas corpus petition is filed may make a request for judicial assis-
tance to the president of the Council of Superior Court Judges. When such a request is received, the council president shall, under guidelines promulgated by the council's executive committee, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence \vere imposed.
The guidelines required by this statute were designed and utilized in response to at least one request for judicial assistance. The council's leadership remains committed to eliminating future delay in resolving death penalty habeas corpus petitions.
In FY 1988, the council membership continued to actively participate in improving the administration of the courts through attendance at continuing judicial education seminars. The fall 1987 seminar was attended by 102 superior and senior superior court judges; 129 judges participated in the summer 1988 seminar.
Georgia Indigent
Defense Council
The Georgia Indigent De-
fense Council was created by an act of the state legislature in 1979. The Council is composed of 10 lawyers, one from each of the 10 judicial administrative districts in Georgia, and three laypersons from the state at large.
The Council's four statutory purposes and duties are: 1) to administer funds provided
by the state and federal governments to support local indigent defense programs; 2) to recommend uniform guidelines within which local indigent defense programs will operate;
3) to provide to local programs and attorneys who represent indigents technical and research assistance, clinical and training programs and other administrative services; and
4) to prepare budget reports and management information required for implementation of the Georgia Indigent Defense Act.
During the past year, the council recommended via the judicial branch budget request that the Georgia Indigent Defense Act be funded at the level of $2.5 million for the 1990 fiscal year. The legislature has not granted appropriaticms to supplement county indigent defense programs since 1981. The most recent survey conducted by the U.S. Department of Justice estimates that $8.3 million was spent per annum by the state's 159 counties.
The council holds regional meetings throughout the state to explain the Indigent Defense Act, to discuss the present state of indigent defense in Georgia and to provide a forum in which county commissioners, superior court judges, legislators, bar leaders and criminal defense lawyers can discuss the workings of their indigent defense systems.
The council continues to work with the State Bar of Georgia, the Council of Superior Court Judges and the Association of County Commissioners to secure funding for the act and to improve the delivery of legal representation to indigents in each county.
34
FY 1988
Georgia
Magistrate
Courts Training
Council
(Annual Report for calendar year 1988, as required by OCGA 15-10134.)
The Georgia Magistrate
Courts Training Council supervises continuing judicial education requirements for magistrate court judges by prescribing minimum standards for curricula and criteria for magistrate training. Specifically, the council approves instructor qualifications and issues training certification to chief magistrates and magistrates who satisfactorily comply with established programs.
Nonlawyer magistrates who are newly elected or appointed must attend the first scheduled certification course after assuming office and successfully complete 40 hours of basic training in the performance of their duties. In order to maintain certified status, all magistrates (including those who practice law) must fulfill an annual 20-hour training requirement.
In association with the council, the Institute of Continuing Judicial Education (ICJE) sponsored a two-part, 40-hour seminar and eight 20-hour regional training sessions for magistrates during the 1988 calendar year (see table to the right). The council compressed its former April-to-November training schedule into a three-month period (May-August), offering courses at two-week intervals. A total of 200 credit hours were administered in certifying 391 magistrate court judges.
For the second time, the council gave certification credit for successful completion of training ad-
ministered in Georgia by a national training organization. Twenty magistrates elected to attend a one-week, nationally-based course in Athens sponsored by the American Academy of Judicial Education. This 40-hour course for attorney magistrates was conducted in lieu of a regular recertification course for 20 hours of credit.
Magistrates attending the initial segment of the 40-hour program took part in a variety of training modules, including the magistrate's role in criminal law enforcement, criminal law and procedure, arrest and search warrant issuance, bail and first appearance preliminary hearings, legal research, bad check law, contempt powers and judicial ethics. Twenty-hour participants received instruction on updates in civil and criminal law, evidence, landlord and tenant, family violence and judicial ethics.
For the first time since mandatory training was instituted for magistrates, these judges were not required to complete examinations of the course material. Instead, the council experimented with a self-graded pretest administered at the beginning of the course which was used by the participants throughout the program to discuss solutions to issues raised in class. A number of professionals, including a doctor,
lawyer, professor, court administrator, and law librarian assisted judges in the instruction of the magistrates.
Participants were charged a $100 tuition fee, payable by their counties, which entitled them to training materials and a selection of legal publications to complement their law libraries. Each magistrate received a copy of the Law Enforcement Handbook (Title 16 of the Official Code of Georgia Annotated) and Landlord-Tenant Law (Dawkins).
For their legal publications, magistrates chose between supplements to the unannotated state code; the latest index, tables and supplements to the code; or titles from an optional book list.
The council met three times during 1988-in January, March, and October-and conducted two meetings via teleconference to review and administer its training policy.
The council voted to allow previously certified magistrates to attend the 40-hour certification course if they expressed a desire to participate in a refresher course of basic concepts of the magistrate court. A committee of magistrates and clerks began planning the program for a one-day training workshop which will be conducted by satellite downlink for magistrate court clerks in March 1989.
Georgia Magistrate Courts Training Council: 1988 Seminars
Date
Location
Hours
Attendees
February 17-19 May 11-13 May 25-27 JuneB-10 June 22-24 July 6-8 July 20-22 August 22-26* September 7-9
Athens
20/40
Tifton
20
57
Athens
20
49
Savannah
20
61
Forsy1h
20
43
Athens
20
52
Marietta
20
46
Savannah
20
20
Athens
20/40
20
*One-week course sponsored by American Academy of Judicial Education
35
15th Annual Report
Institute of
Continuing
Judicial
Education
In coordinating training programs for judicial branch officials in fiscal year 1988, the Institute of Continuing Judicial Education (ICJE) individually and jointly sponsored 32 activities serving 2,094 constituents. It was the first time ICJE programmed to more than 2,000 constituents. Among state and national judicial education agencies, only those in California, Michigan and New York routinely serve as many individuals.
As an administrative arm of the Supreme Court, the Institute has retained sole responsibility for the training of all judicial branch personnel since 1981. The various courts and judges' councils have since adopted training standards for their members. Supreme Court justices and Court of Appeals judges must complete a minimum of 12 hours of actual instruction each year, with at least two hours in the area of legal or judicial ethics.
Superior court judges are required to attend judicial education programs totaling at least 12 hours per year, including two hours of judicial ethics every two years. Rule 43 of the Uniform State Court Rules mandates that state court judges attend continuing legal and/or judicial education courses amounting to 24 hours, two of which must be devoted to ethics studies, every two years.
As prescribed by the Executive Probate Judges Council, probate court judges must complete 20 hours of initial training and 15 hours of continuing education thereafter. By law, magistrate court judges must satisfactorily
fulfill an initial40-hour training requirement (attorney magistrates are exempt) and attend an annual 20-hour recertification course. Superior court clerks arc also required to complete 40 hours in basic certification and 15 hours in recertification training courses.
During FY'88, the Institute offered its traditional annual calendar of training events, with the biannual specialty course for trial judges and an expanded training course for instructor judges of the magistrates' certification course highlighting the regular schedule. The calendar was augmented with programs targeting three new constituent groups: jury commissioners, administrative law judges of executive branch agencies and workers' compensation judges.
Two experimental projects were undertaken during FY'88. ICJE followed up on its earlier survey of training needs of workers' compensation administrative law judges by conducting the first training event for these judges. Another program, the FY'88 specialty course, was mutually conducted with Florida Judiciary Education and focused upon medical issues confronting state trial courts in the 1980's and 1990's. This Ia tter effort enriched the course development funding pool and the in- terpersonal experience for attendees.
Regional seminars for traffic court (usually municipal court) judges and clerks, initially executed in FY'87, were redeveloped using satellite teleconferencing. The teleconference emanated from Athens to nine regionally dispersed downlink sites across Georgia, and, due to its success, ICJE is actively studying expanded use of teleconferencing as an instructional tool to reach participants more efficiently.
Faculty members of Georgia's accredited law schools (Emory, Georgia, Georgia State and Mercer) provided valuable public service instructional time to the Institute. Judges performed the bulk of
instructional duties throughout the year, reemphasizing the collegial, peer enrichment character of continuing judicial education. Faculty serving in the basic and recertification courses for magistrates were exposed to an expanded instructional training course to learn about educational program design and course development.
Superior court judges continued to perform a significant instructional role in the statutorily mandated training for magistrates. At each regional seminar during FY '88, a local superior court judge conducted the three-hour instructional block devoted to an aspect of evidence law, targeting forms of inquiry, presumptions based on public policy and privileges.
State-based training comprises ICJE's foremost educational responsibility. (The table on page 37lists the Institute's state-based activities performed during 198788, identifying the constituent group served, the course site, the date and the number of attendees for each program.)
The mandatory training sessions for magistrates, both the 40hour basic course and the 20-hour recertification programs, were again conducted to audiences limited to 60 participants. While this necessitated a greater number of course offerings, it facilitated a thorough and relevant learning environment for attendees, provided a more academic climate for instructors and promoted regionalized execution of the curriculum, saving time and travel expense funds.
The Institute also sponsored persons attending out-of-state training programs held by nationally recognized judicial education agencies. Of 54 applications received in 1986-87 for financial aid to attend nationally-based training, 51 were granted some level of funding, while 47 individuals actually took advantage of this assistance. Out-of-state training was
36
F1988
approved for attendance at the National Judicial College, the Institute for Court Management and the American Academy of Judicial Education, and for programs sponsored by the National Council for Family and Juvenile Court Judges and the National Restitution Resource Center.
Training funds were used to support the training of 25 superior court judges, 7 state court judges, 4 juvenile court judges and/or referees, 1 chief magistrate, 6 court administrative personnel, 1 deputy clerk and 3 probation personnel.
The FY'88 state appropriation for the Institute totaled $475,173, an increase of 45% over FY'87 funding. These funds were augmented in the fall of 1987 with a $29,000 grant awarded by newly created, national State Justice Institute to research trial court judges' writing tasks and to develop a series of instructional modules aimed at better equipping judges to fulfill those tasks. It is the first time a trial judges' writing program has been formulated upon a study of the functions of trial judges' writing and their vocational needs.
For the first time in five years, some attendee mileage expenses were reimbursed to program participants. Mileage reimbursement was made in approximately 50% of the Institute's activities, due to a 1987 funding provision to cover this attendee expense.
In February 1988, ICJE's executive director was honored for excellence in public service by the University of Georgia's Division of Public Service and Extension, which presents awards to faculty on the basis of peer evaluation of a candidate's work.
Members of the board of trustees of the Institute of Continuing Judicial Education primarily represent client groups of courts and judicial organizations in the state and include one judge of the Court of Appeals; two members of the Council of Superior Court Judges;
Institute of Continuing Judicial Education FY 1988 State-based Instructional Activities
Program
Location
Date
Attendees
20- Hour Recertification Course for Magistrate Court Judges
Athens
July 15-17, 1987
54
Summer Seminar for Superior Court Judges
St. Simons July 27-29, 1987
128
Island
Seminar for Non-Lawyer Judges
Athens
August 2-14, 1987
28
Jury Commissioners' Seminar
Athens
August 21-22, 1987
~07
Traffic Adjudication Seminar
(Teleconference) Sept. 1, 1987
203
20-Hour Recertification Course
Marietta
Sept. 2-4, 1987
46
for Magistrate Court Judges
Independent Juvenile Court Probation Officers
Unicoi
Sept. 21-23, 1987
68
20-Hour Recertification Course for Magistrate Court Judges
Forsyth
Sept. 30-0ct. 2, 1987
33
Superior Court Judges Fall Seminar
Forsyth
October 21-23, 1987
102
Court Administrators Fall Seminar
Forsyth
October 21-13, 1987
18
Fall Seminar for Executive Agency Administrative Law Judges and Hearing Officers
Athens
October 28-30, 1987
68
20-Hour Recertification Course
Savannah Nov. 4-6, 1987
47
for Magistrate Court Judges
State Court Judges Fall Seminar
Unicoi
Nov. 11-13, 1987
40
Superior Court Clerks Fall Seminar
Savannah Nov. 1719, 1987
131
Probate Court Judges Fall Seminar
Savannah Nov. 17-19, 1987
89
Juvenile Court Judges Fall Seminar
Albany
December 2-4, 1987
55
Specialty Course..
Savannah February 7-10, 1988
29
40-Hour Basic Course
Athens
for Magistrate Court Judges (Criminal)
February 17-19, 1988
25
Workers' Compensation Judges Spring Seminar
Athens
March 21-23, 1988
22
Faculty Development Seminar
Athens
March 21-23, 1988
18
Superior Court Clerks Spring Seminar Cordele
April 13-15, 1988
149
Probate Court Judges Spring Seminar Athens
April 20-22, 1988
124
Juvenile Court Judges Spring Seminar
St. Simons April 25-27, 1988
70
Island
Spring Corrections Tour
Macon
May 4-6, 1988
4
Independent Juvenile Court Probation Officers
Savannah May 4-6, 1988
70
20-Hour Recertification Course for Magistrate Court Judges
Tifton
May 11- 13, 1988
64
State Court Judges Spring Seminar
St Simons May 16-18, 1988
63
20-Hour Recertification Course for Magistrate Court Judges
Athens
May 25-27, 1988
60
Judicial Secretaries Seminar
Atlanta
June 1-3, 1988
67
20-Hour Recertification Course for Magistrate Court Judges
Savannah June 8-10, 1988
65
20-Hour Recertification Course for Magistrate Court Judges
Forsyth
June 22-24, 1988
47
*Held in conjunction with the American Academy of Judicial Education. ..Sponsored jointly with Florida Judiciary Education.
37
one member each of the councils of state, juvenile, probate and magistrate court judges; one representative of the Superior Court Clerks Association; one member each of the State Bar of Georgia and the Judicial Council; and five ex officio members, including the immediate past chairmen of the Institute's board of trustees and the board of trustees of the Institute of Continuing Legal Education and deans of the state's four accredited law schools. A liaison member representing the Supreme Court and an advisory member also serve on the board.
Judicial
Administrative
Districts
The Judicial Administration Act of 1976 established 10 judicial administrative districts in Georgia and created district councils, composed of all superior and senior superior court judges within the respective districts. These 10 regional councils elect administrative judges who serve on the Council of Administrative Judges, formed to provide unified administrative rules and continuity of operation among districts. Each administrative judge selects a district court administrator to serve as staff for the judges of the district.
Under the guidance of the administrative judges, the district court administrators were involved in a number of activities in fiscal year 1988. The collection and evaluation of data relevant to the operation and management of the trial courts were continued. Support was provided to the administrative judges in the authorization and assignment of judges within the districts and judges were secured from inside individual districts to serve elsewhere at there-
quest of other administrative judges and the governor.
The district staff functioned as liaison between the superior courts and local governmental officers, officials of court related agencies and others on the local and regional level. The staff also assisted chief judges in the preparation, presentation and management of local court budgets. A number of innovative circuitwide budgets were formulated and administered by the districts. Additionally, personnel policies and procedures for local court systems were developed, and the court administrators screened and interviewed applicants for law clerk, court reporter and other court support positions.
District staff assisted chief judges and clerks in local jury management projects and coordinated jury management services provided by other court agencies and vendors. Jury selection was automated in many circuits during the last fiscal year. Technical assistance was provided in the revision of county jury boxes.
The district court administrators advised local courts on records management in the development of programs and coordinated records management or technical assistance services provided to local courts by other state agencies and vendors. Major emphasis was placed on the computerization of court records in counties with sufficient resources. The district staff consulted with local trial courts in the areas of space and facilities management, including serving as liaison with architects and contractors during the construction and renovation of courthouses.
The administrative judges authorized assistance to local trial courts, bar associations and governmental units in the survey, funding, creation and oversight of indigent defense programs.
l!.>th Annual Report
Several district court administrators served on local tripartite committees within their districts.
As specified by the Uniform Rules of the Superior Courts and authorized by the chief judges, district staff conferred with attorneys, media representatives, court staff, law enforcement personnel and the general public regarding court activities. This function included the preparation of news releases, speeches for civic groups and educational programs and other public relations activities deemed appropriate by the administrative judges.
The district court administrators prepared grant applications, managed grant programs and evaluated funded projects in order to provide assistance to local trial courts and assist local governments in meeting the needs of the superior courts. Examples of these projects include the Neighbor-toNeighbor Arbitration Project, the Court Delay Reduction Program and the Ca~e Disposition Monitoring System.
District staff served as the local resource for information on educational programs and activities for superior court judges and other judicial support personnel. The district personnel jointly sponsored with the Institute of Continuing Judicial Education the first jury commissioners seminar held in the nation. Additionally, orientation sessions for jury commissioners and seminars for courtroom bailiffs were conducted on a local basis.
The district court administrators were involved in special projects and committees as assigned by their administrative judges in regard to the activities of the Council of Superior Court Judges, the Judicial Council of Georgia and the Criminal Justice Coordinating Council. Special studies were conducted to develop an indigent defense program for an urban county and to review the operations of the inferior courts of another urban county.
38
FY1988
Judicial
Nominating
Commission
The Judicial Nominating
Commission assists the governor with his duty to appoint highly qualified persons to judicial office by soliciting nominations for judgeships filled by gubernatorial selection. The nominating procedure is often undertaken to fill judicial vacancies, although nominations may also be processed in designating candidates for newly created judgeships.
Certain qualifications must be met prior to consideration of any candidate for judicial office. While the requisites vary according to the type of court, most candidates must meet a residency and age requirement. Judges of appellate and superior courts must have maintained an active membership in the state bar for seven years, and state and juvenile court judges must be admitted to practice law in the state for at least five years. Qualifications for all judges are specified either in the state constitution or in pertinent statutes (see reviews of particular courts, pp. 7-26, for more detail).
The commission begins the selection process by seeking nominations from local individuals and leaders among the civic and legal communities. The commission members evaluate each candidate based on a questionnaire concerning his or her qualifications and a legal article or brief which the candidate has authored. The nominees are then investigated through interviews with attorneys familiar with them and by personally interviewing the candidates themselves.
The nominating body held meetings on four days in FY'88 to consider candidates for nine
judicial offices, including two new superior court judgeships and one superior court vacancy, four new state court judgeships and one state court vacancy and one vacancy on the Civil Court of Richmond County. Since 1973, the commission has acted on a total of 167 judgeships, including:
10 Supreme Court vacancies
2 Court of Appeals vacancies
99 superior court offices
42 state court posts
2 municipal court judgeships
2 civil court vacancies.
Originally created by executive order of former Governor Jimmy Carter and continued in the same manner by succeeding governors, the commission is composed of ten members. Five arc persons appointed to serve a term concurrent with that of the appointing governor, and the other five are or have been elected officers of the state bar, including the president, two successive past presidents and the president-elect and president of the younger lawyers section.
Judicial
Qualifications Commission
The Georgia Constitution
empowers the Judicial Qualifications Commission to respond to inquiries from judges regarding appropriate judicial conduct, to direct investigations into complaints involving members of the state judiciary and, when it deems necessary, to hold hearings concerning allegations of judicial misconduct.
Grievances involving judges are almost always initiated by a written, verified complaint, although the commission may act upon its own motion in cases where it considers such action appropriate. Alleged violations of misconduct or protests against judges must be based on one of the seven canons of the Code of Judicial Conduct, last revised March 15, 1984. Grounds for action include: 1) willful misconduct in office,
2) willful and persistent failure to perform duties,
3) habitual intemperance,
4) conduct prejudicial to the administration of justice which brings the judicial office into disrepute, and
5) disability which seriously interferes with the performance of judicial duties and which is or is likely to become permanent.
If, following acknowledgement and review of a complaint, the commission finds that it raises questions or justifies further action, the judge is sent a copy of the complaint or a synopsis of matters to be investigated and is given reasonable opportunity to make an oral or written statement either personally or through counsel. If the judge responds satisfactorily to the complaint, it is disposed. The
39
15th Annual Report
Synopses of FY 1988 JQC Opinions
Opinion 101: Any employee of a law enforcement body is disquali~ lied by conflict of interest from serving as a magistrate
Opinion 102: While employmentto lecture on the law IS not inappro~ priate for a judge, great care must be exercised to avoid any arrangement which might give the impression that the prestige of the office is being used to advance the private interests of another, or that it is being exploited to increase the compensation of the judge. For that reason, to the extent that the proposed arrangement contemplates that com pen~ sation is to be based on a percentage of profit or on the number attending, it would not be appropriate.
Opinion 103: Directors of Georgia Legal Services Program are not involved in providing legal services or raising funds, nor does the organization have issues before the magistrate court and, for that reason, a parHime magistrate may serve as a director provided such service noes not interfere with the performance of his duties as ;o ,,agistrate.
Opinion 104: The commission declines to render an advisory opin~ ion on a motion pending before the court in ongoing litigation.
Opinion 105: Participation by the chief judge ofthu Atlanta Municipal Court on an advisory board formed to review and advise concerning the operation of the court would not violate any of the canons unless participation by the judge interferes with the proper performance of his judicial duties, or IS such as to cast doubt on his capacity to decide impartially any issue that may come before him.
Opinion 106: It is not inappropriate for a candidate for judicial office to select members of his campaign committee, or discuss with them the magnitude of campaign financial arrange~ ments, and to thereby establish goals for them so long as these discussions do not involve solicitation or coercion, but the judge cannot set specific fund~raising responsibility for members of the committee, nor have direct participation in the solicitation process.
Opinion 107: Representation of a defendant in a criminal case by a part~time judge is not per se inappropriate, but the regular or exclusive representation of such defendants by a judge might destroy his appearance of impartiality and, therefore, make it inappropriate.
Opinion 108: A judge cannot be a delegate to a political convention, as this would constitute a violation of Canon 7A.
Opinion 109: A parHime judge may serve as county attorney, if such representation does not involve a matter where he has served as judge, a matter then pending in his court or a matter which he knows, or has reason to believe, will later be brought into his court
Opinion 110: It would not be inappropriate for a judge to participate in a TV documentary on athletics and drug and alcohol abuse at the high school level dealing with a former high school athlete who committed criminal offenses and is now incarcerated under a sentence imposed by the judge after the time for appeal has passed, and with no matters with reference to the case pending before the court
Opinion 111: The appointment of a retired senior superior court judge as judge of a municipal court would not constitute a violation of the Code of Judicial Conduct but might result in suspension of the senior judge from that position while holding the office of municipal court judge.
Opinion 112. It is not per se inappropriate for a chief magistrate to appoint as a magistrate a lawyer who is the spouse of an assistant district attorney in the judicial circuit
Opinion 113: Subject to certain assumptions and limitations set out in the opinion, it is not inappropriate for the Worker's Compensation section of the State Bar to reimburse administrative law judges for lodging expenses incurred at the October seminar of the section and the June meeting of the State Bar.
Opinion 114: It would not be appropriate for a judge pro tern of a municipal court to also serve as an instructor in a state certified driver improvement clinic, because of the poten~ tial conflict of interest
Opinion 115: It would not be proper for a judge to serve n the advisory panel of an organization known as "End Vic:ence Now," because JUdges should not become associated as activists with particular causes. Attendance by a judge at an educational seminar for prosecuting attorneys or for defense attorneys would not be per se improper, but regular or exclusive attendance at either over an extended period might create an appearance of bias and impropriety in violation of Canon 2 and become inappropriate.
Opinion 116: An assistant magistrate would be disqualified to preside over the trial of a defendant whose attorney is the brother of the chief magistrate who issued the warrant and who appointed the assistant magistrate.
Opinion 117: It would not be appropriate for a judge to write an endorsement of a Council on Child Abuse for enclosure in a letter soliciting contributions.
Opinion 118: The solicitor of a state court need not resign to become a candidate for judge of that court, but officers of political parties should resign these positions upon be~ coming candidates for judicial office.
Opinion 119: The fact that a defendant~violator has been repre~ sen ted by the judge or his law firm at some time in the past is not per se grounds for disqualification, but, if the judge in fact has any personal bias or prejudice, he should disqualify on his own initiative.
Opinion 120: A person who has pled nolo to a charge of malpractice in office 1s not eligible to run for the office of chief magistrate. A person can be employed as deputy sheriff and run for chief magistrate at the same time. It is a violation of Canon 7 for a judge to distribute cards saying "Campaign donations appreciated."
Opinion 121: It is not improper for a pro tempore judge of 3. city re~ corders court, while acting as attorney for a divorce client seeking past due child support, to garnish the wages of a city employee with the city named as the garnishee
Opinion 122: Administrative law judges and hearing officers, who hear and decide contested cases for sbte and local ex~ ecutive branch agencies, are subject to the Code of Judicial Conduct
Opinion 123: A pro hac judge may not act as treasurer of the campaign committee formed to help reelect another judge in view of the provisions of Canon 7A(1).
40
FY1988
commission may make an initial inquiry and may authorize a preliminary investigation of the judge's conduct or condition to determine whether formal proceedings should be instituted and a hearing held.
After a formal hearing, the commission may recommend to the Supreme Court the removal, discipline or retirement of a judge. The Supreme Court makes a final decision whether to accept, reject or modify the commission's recommendation about a particular judge. A 1985 amendment to the constitution further provides that a judge who has been indicted for a felony may be suspended from office, pending final disposition of the case or until expiration of the term of office, whichever occurs first, if the commission concludes that the indictment relates to and adversely affects performance of the judge's official duties.
At its 11 regular meetings in fiscal year 1988, the commission resolved 139 complaints and requests for opinions of the 139 new matters filed and 16 pending from FY'87. At year end, 16 issues remained pending.
One hundred and seven complaints were disposed for the following reasons: a) dismissed as frivolous, unfounded, unsupported or appropriate for appeal (94), b) judges privately reprimanded (9), c) judges suspended (2), d) judge suspended after indictment (1 ), e) judge resigned after complaint filed (1). The commission held hearings on formal proceedings against two judges and recommended public reprimands and suspensions without pay for one month and two months, respectively. The Supreme Court approved the one month suspension, reduced the latter suspension to 30 days and rejected both recommendations for public reprimand.
The known sources of FY'88 complaints were varied and in-
elude 88 litigants or their relations, 3 non-litigants, 3 public officials or officers, 15 attorneys, 2 judges, 5 anonymous individuals and 6 others.
The commission received 27 requests for advisory rulings during the year. Twenty-three formal opinions and two informal opinions were rendered, while three applications for opinions were denied and two were withdrawn.
The seven-member Judicial Qualifications Commission operates under procedural rules revised as of May 1, 1985. All proceedings of the commission, including complaints, conferences, communications and decisions, arc confidential, with the exception of notice of a formal hearing, formal hearings, reports recommending discipline and decisions after a hearing when a judge was found not guilty of misconduct.
The members of the commission include two judges of courts of record appointed by the Supreme Court, three attorneys named by the Board of Governors of the State Bar of Georgia and two citizens selected by the governor. A director and an investigator serve as the commission's staff.
Superior Courts
Sentence
Review Panel
Georgia's Superior Courts Sentence Review Panel has operated since 1974 to uphold a defendant's right to have his or her sentence reviewed to determine excessive harshness in relation to other sentences for a similar crime. In comparing sentences, the panel considers the nature of the crime and the defendant's prior criminal record.
Cases subject to the panel's jurisdiction are those sentences totaling five or more years set by a superior court judge without a jury, except cases in which the death penalty is imposed, sentences set in misdemeanor cases and murder cases where a life sentence has been applied. The panel retains the authority only to reduce sentences and is statutorily prohibited from increasing punishments, reducing sentences to probation or suspending any sentence.
The Sentence Review Panel reviews sentences upon application of a defendant who must act within 30 days of the date on which the sentence was assessed by the superior court judge, or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction of the sentencing court, whichever occurs last. The application for sentence review must be transmitted to the panel within 10 days of its filing, along with copies of any presentence or post-sentence report. Both the defendant and the district attorney have the right to present written argument relative to the harshness or justification of the sentence.
A defendant may not file more than one application for review of a sentence, and the panel's action reducing or declining tore-
41
duce a sentence is not reviewable. Panel orders relating to an application are binding on the defendant and the superior court which imposed the sentence.
The panel affirmed 2,273 cases and reduced 87 cases in FY'88 for a total caseload of 2,3t10. The reduction rate for the year was 3.t19 percent.
The cumulative reduction ratP decreased furthC'r to 5.15 percent (for all 23,882 cases considcrt_d by all panels) in the last qudrtcr pf FY'8h !rom 5.32 percent at the end nt fiscal )'L'ar 1987. Listed dbovc is a summary of the panel's ca'>el<ldcl tor FY'88 along with a Hl-yc,u U)lnpdn':>on of casL'S rev!l'wcd by the panel.
The Scntl'ncc Review Pand meets in two concurrent pdncls, each composed of three supL'rior court Judges. Panel nwmbcrs arc t~ppPintcd and chaJrp:rsons an' dvo.ignatcd by the prrsidcnt ut trw Council ot Supcriur Court Jmises to serve three-month term':>. A supernumerary member is abo appomted fur each tl.'ri11 anJ is au thorizcd to substitute for <tny mtm bcr who cannot cl!knd a nwcling or who is diSqualified.
An administrative buard of three judges serves to maintain
cuntinui ty betweL'n the variuus
panels. The board prepans an annual budget, cunsiders revisions to the panel's procedural rules and superv1scs tht:' activities of the clerk and support staff.
15th Annual Report
Superior Courts Sentence Review Panel Caseload Summary
FY 1988 Caseload
Cases Cases Cases Percent affirmed reduced reviewed reduced
Panel 53 293
1-C~
Panel 54 616
2ti
312 6 09 641 3.90
Panel 55 728
37
765 4.84
Panel 56 636
0
642 0.93
Total
2.273
8?
2.360 3.69
10-year Comparison of Cases R.eviewed
i 'y' 191':) FY 19131:;
~-y 4 9E1
FY 1982 FY 1 933 j.:y i984
;y 1 C}iy)
FY 1986
FY 1987 FY 1988
affirmed rr>dt;r:ad
1'134
,.,~
~
10,
1 ,?28
9C:
'I .~;42
1.:+.~,
1.84f)
13~!
2.359 88 2.3:r::. 119
2.11? 10C
1. ;'6()
G;-
2.485
e;:~
') ,.... ....,(.....
r:.,,-:!.1 ,5
87
1educed
8.18 6.83 8.GO
b 86 ~i .130
'>.85 4.L17
.Ln:J
2.47 3.69
42
FY1988
Appendix I
Judicial Personnel Changes: FY 1988
Appointments
Superior Courts
Brunswick Judicial Circuit James R. Tuten, Jr., for term
7/14/87to1/1/89.
Cobb Judicial Circuit Robert E. Flournoy, Jr., for term
7/14/87 to 1/1/89.
Griffin Judicial Circuit Paschal A. English, Jr., for term
7/9/87 to 1/1/89.
Gwinnett Judicial Circuit Richard T. Winegarden for term
7/9/87 to 1/1/89.
Ocmulgee Judicial Circuit John Lee Parrott for term
12/14/87 to 1/1/89.
State Courts
DeKalb County Linda Warren Hunter for term
7/7/87 to 12/31/88.
Mathew Robins for term 7/7/87 to 12/31/88.
Gwinnett County Paul M. Hoffman for term
8/24/87 to 1/1/89.
Fred A. Bishop, Jr., for term 8/24/87 to 1/1/89.
Jackson County JackS. Davidson for term
3/16/88 to 1/1/89.
Muscogee County John D. Allen for term
7/14/87 to 1/1/89.
Rockdale County Sidney L. Nation for term
7/7/87to12/31/88.
Analysis of Statewide Judicial Manpower (July 1, 1987 to June 30, 1988)
Court
;;s; .
I
to
2"'
~0""''
0
;:~
Q
0
Q
"
~"'
Supreme Court
0
0
Court of Appeals Superior Courts
9 137 3
0
0
4
5
1 -
State Courts
86
3
4
7
3 -
3
Full and part-time
Juvenile Courts
51
2
2
2
Full and parttime
Probate Courts
159
2
2
2 -
2
Magistrate Courts
159
7
7
2 -
2
Chief Magistrates
1 AsofJune30, 1988. 2Total number of judges leav1ng the bench does not match total number of new judges 1n some 1nstances because
3of new appointments or vacanc1es wh1ch ex1sted at the end of the f1scal year Although 137 super1or court judgeshipS had been allocated by the end of the year. 135 had been filled
juvenile Courts
Heard County Dock Davis for term
1/22/88 to 1/22/92.
Terrell County Joe C. Bishop for term 1/7/88 to
1/7/92.
Probate Courts
Clay County Grace B. Mathis for term
10/1/87 to 1/1/89.
Lanier County R. 0. Berryhill for term
3/31/88 until successor elected.
Chief Magistrates
Candler County Betty Carroll for term 5/9/88 to
12/31/88. Carroll County
Ralph L. Van Pelt for term 10/16/87 to 12/31 /89. Fulton County
Joann Bayneum for term 7/1/87 to 12/31/87. Gwinnett County
Warren Davis for term 9/4/87 to 12/31/88. Hancock County
Ben Lovejoy, III, for term 1/1/88 to 12/31 /88. Houston County
Joann B. Cooper for term 12/1/87 to 12/31/88. Madison County
Doris Shell for term 11/30/87 to 12/31/90. Meriwether County
Jack A. Todd for term 4/1/88 to 12/31/91.
43