Sixteenth annual report on the work of the Georgia courts [Apr. 1990]

Sixteenth Annual Report on the Work of the Georgia Courts FY 1989
(July 1, 1988- June 30, 1989)

Contents

The Courts in Review: FY 1989

1

Supreme Court

7

Court of Appeals

9

Superior Courts

10

State Courts

14

Juvenile Courts

15

Probate Courts

19

Magistrate Courts

23

Other Courts

26

Judicial Agencies

27

Judicial Council of Georgia

27

Administrative Office of the Courts

28

Board of Court Reporting

31

Council of Juvenile Court Judges

32

Council of Magistrate Court Judges

33

Council of Probate Court Judges

33

Council of State Court Judges

34

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

Judicial Personnel Changes

42

April 1990
Judicial Council of Georgia Administrative Office of the Courts Suite 550 244 Washington Street, SW Atlanta, Georgia 30334

The Sixteenth 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 Harold G. Clarke Chairman

of Georgia

Supreme Court Atlanta

Judge Walker P. Johnson, Jr. Administrative Judge Third District Macon

Aprill990

Presiding Justice George T. Smith Vice Chairman Supreme Court Atlanta

Judge Eugene E. Lawson First Vice President Council of Probate Court Judges Jonesboro

Judge Nancy K. Aspinwall President Council of Probate Court Judges Hinesville

Judge Hugh Lawson Administrative Judge Eighth District Hawkinsville

Judge John W. Beam, Jr. President-elect Council of Juvenile Court Judges Savannah

Judge Charles B. Mikell, Jr. President Council of State Court Judges Savannah

Judge Perry Brannen, Jr. President-elect Council of Superior Court Judges Savannah

Judge Joseph B. Newton Administrative Judge First District Waycross

Chief Judge George H. Carley Court of Appeals Atlanta

Judge John W. Sognier Court of Appeals Atlanta

Judge John D. Crosby Administrative Judge Second District Tifton

Judge Robert B. Struble Administrative Judge Ninth District Toccoa

Judge Joe C. Crumbley Administrative Judge Sixth District Jonesboro

Judge Curtis V. Tillman Administrative Judge Fourth District Decatur

Judge Ogden Doremus President-elect Council of State Court Judges Metter

Judge Johnny W. Warren President Council of Magistrate Court Judges Dublin

Judge William M. Fleming, Jr. Administrative Judge Tenth District Augusta

Judge Herbert Wells President 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 Council of Superior Court Judges Macon

Foreword

T his Sixteenth 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 constant challenge to the Georgia judiciary is to maintain an efficient, effective judicial system which dispenses equal justice while meeting the needs of a changing society. Our judges' response to this challenge has been, and continues to be, excellent.
Overall, the superior courts have increased case dispositions by 5% while experiencing a 9% rise in filings between 1987 and 1988. These courts saw a 19% jump in felony filings and were able to raise felony dispositions by 12% during the period. On an individual scale, average filings per superior court judge climbed by 150 cases as average dispositions grew by 75 cases.
The superior courts succeeded in dramatically reducing the time it takes to process cases. The average estimated time from filing to disposition was cut by almost half (49%) between 1982 and 1987. These achievements are attributed to more effective methods of case management and calendaring techniques, more productive procedures for court administration, additional judgeships, and the expanded use of computers.
By the end of the 1989 fiscal year, planned improvements were taking place. Due to the installation of personal computers in the offices of superior court clerks, each superior court clerk became part of a statewide network which grants access to the Secretary of State's business corporation records by attorneys, facilitates electronic communication among clerks, and provides word processing and spreadsheet capabilities. The Georgia Commission on Gender Bias in the Judicial System, appointed by former Chief Justice Marshall, formulated objectives and scheduled regional public hearings to investigate discrimination based on sex. The Georgia Indigent Defense Council prepared to operate with an initial appropriation to establish a statewide indigent defense system by assisting with the funding of local programs. The Court of Appeals' appellate settlement conference program was well under way, as was the Georgia Appellate Practice and Educational Resource Center, Inc., which assists with legal representation in appeals by indigent inmates sentenced to death.
These projects and programs are only a few of the improvements sought to administer the Georgia judicial system in such a way as to provide for the speedy and affordable resolution of disputes and prosecutions.
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 are charged. Readers are invited to review the following pages to observe ongoing advancements in the administration of justice in Georgia.

Harold G. Clarke 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 spent in performing the duties of 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 the 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 1989

S ignificant innovations at many levels of the state courts made FY 1989 a noteworthy year for Georgia's judges and court officials. Many activities focused on solving problems associated with reducing the processing time and managing the volume of cases within the court system. Other actions revolved around responses to administrative needs, legal requirements, and enhanced services.
In his second annual address to a joint session of the General Assembly in January 1989, Chief Justice Thomas 0. Marshall praised the efforts of the judiciary and the legislature to work together to reduce case backlog and improve court services and programs. He acknowledged the success of the judicial branch in establishing new programs and maintaining existing ones that required no increases in state financing. He also called on the legislature to meet some of the judiciary's most pressing administrative and monetary needs. The General Assembly responded positively by funding a statewide computer network, increasing compensation for judicial branch employees, creating additional superior court judgeships, and appropriating funds for new and existing programs.
The legislature approved the creation of six additional superior court judgeships that were recommended by the Judicial Council for the Atlanta, Atlantic, Chattahoochee, Cherokee, Eastern, and Southern judicial circuits. Recommendations for two additional judgeships for the Atlanta and Lookout Mountain circuits were not adopted. However, the expected addition of the new judgeships on July 1, 1989 was delayed pending the outcome of a lawsuit filed in U.S. District Court for the Southern District of Georgia in July 1988. The lawsuit challenges Georgia's "at-large" system of electing judges and seeks to enforce recent federal court rulings in other

states that expanded the 1965 Voting Rights Act to include judicial as well as legislative election practices.
Other important legislation included passage of a bill that incorporated provisions of the Federal Family Support Act of 1988, the purpose of which is to make the enforcement of child support payments more equitable and timely. Effective July 1, 1989, the new act made major changes in state law regarding child support matters that are expected to create a significant increase in the workload of superior court judges and clerks. These changes require: that the courts use the child support guidelines prescribed by OCGA 19-6-15 in all cases to determine the final amount of support; administrative reviews every 36 months of orders in which child support payments are to be made to the Office of Child Support Recovery (IV-D cases); and immediate income deductions in IV-D cases by means of continuing garnishment for support.
In other legislation effective July 1, 1989, magistrate and municipal courts were given additional authority in civil and traffic cases, respectively. Magistrate courts were granted additional civil jurisdiction to include claims valued at up to $5,000 (rather than $3,000) and to preside over the execution and acceptance of written waivers of extradition. Another bill authorized municipal courts to try misdemeanor state traffic offenses (except for violations involving homicide by vehicle) and to impose any punishment authorized under state law. This statute applies to all municipal courts regardless of whether a city, county, or state court is located in the county, if the defendant waives a jury trial.
The General Assembly passed several bills involving compensation for judges and other court officials. Effective July 1, 1989, the

1

16thAnnual Report

salaries of Supreme Court justices were increased 12.4% to $90,514, and Court of Appeals judges received a 12.5% raise to $89,931. Superior court judges received a 2.5% cost of living increase in state pay to $68,838. The legislature also increased the per diem compensation to senior superior court judges providing temporary judicial assistance from $100 to $165. In addition, a new minimum salary schedule for chief magistrates, which includes an average increase of 18%, was adopted and will take effect on January 1, 1990.
Although revenues generated by a state sales tax increase contributed to a 17.2% rise in the state budget, judicial branch appropriations were not dramatically affected. The $52.2 million appropriated by the General Assembly to the judicial branch for FY 1990

amounted to a 9.6% increase over FY 1989 allotments. The share of the judicial branch budget as a percentage of the total state budget fell from 0.74% in FY 1989 to 0.70% in FY 1990.
New judicial branch appropriations included $1 million for firsttime funding of the Georgia Indigent Defense Council. At least $950,000 of this amount will reimburse counties and circuits for expenses incurred in providing legal representation to indigent defendants.
By order of the Supreme Court dated March 15, 1989, the Commission on Gender Bias in the Judicial System was established to investigate the existence and scope of gender bias in the state judicial system. Under the leadership of Superior Court Judge Carol W. Hunstein, the commission began to

conduct a broad examination of the judicial system in order to prepare findings and make recommendations to the Supreme Court. Public hearings were scheduled throughout the state to gather testimony from private citizens and concerned professionals. Areas of investigation include- but are not limited to- the unequal application of procedural and substantive law, treatment of judicial employees, domestic relations, domestic violence, criminal law, child support and custody, and judicial selection. The commission is comprised of 30 members, including judges, court officials, and community and business leaders.
Applications of computer technology continued to have a positive impact on the judiciary in FY 1989. The implementation of a new superior court clerks' com-

State Appropriations for the Judicial Branch: Fiscal Years 1988, 1989, and 1990

Budget UniVAgency

FY1988 Amended Appropriation

FY1989 Amended Appropriation

Percent Change FY88-89

FY1990 General Appropriation

Percent Change FY89-90

Supreme Court

$3,654,950

$3,900,608

6.7%

$4,210,943

8.0%

Court of Appeals

4,075,070

4,504,874

10.5%

4,775.456

6.0%

Superior Courts (Total) Operations Council of Superior Court Judges Judicial Administrative Districts Prosecuting Attorneys' Council Sentence Review Panel

33,548.469 31,956,205
71,399 735,289 667,787 117.789

36.750.463 35,030,299
73.435 779.477 747,652 119,600

9.5% 9.6% 2.9% 6.0% 12.0% 1.5%

39.445,788 37,710.444
85.425 831,207 692,233 126.479

7.3% 7.7% 16.3% 6.6% -7.4% 5.8%

Juvenile Courts (Total) Operations Council of Juvenile Court Judges

289,331 0
289,331

348.408 0
348.408

20.4% 20.4%

398,760 0
398.760

14.5% 14.5%

Institute of Continuing Judicial Education (Total) Operations Magistrate Courts Training Council

467,268 376,250
91,018

550,368 425,506 124,862

17.8% 13.1% 37.2%

562,500 437,000 125,500

2.2% 2.7% 0.5%

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 Computerized Information Network

774,675 629,565
25,110 70,500 20,000 20,000
9,500 0 0

1,509,673 665,088 28,575 71,000 26,000 20,000 10,000 150,000 539,010

94.9% 5.6%
13.8% 0.7%
30.0% 0.0% 5.3%

1.737,304 716,677 30,355 73,500 26,000 20,000 10,000 231,132 629,640

15.1% 7.8% 6.2% 3.5% 0.0% 0.0% 0.0%
54.1% 16.8%

Judicial Qualifications Commission

106,000

109,310

3.1%

112,242

2.7%

Indigent Defense Council Judicial Branch Totals

0 $42,915,763

0 $47,673,704

11.1%

1,000,000 $52,242,993

9.6%

2

FY 1989

Five-Year Comparison of Judicial Budget (1986-1990)

Fiscal Year
1986 1987 1988 1989 1990

Total State Appropriation
$5,225,947,058 5,412,225,000 5,936,113,339 6,399,179,662 7,498,000,000

Increase
$861,119,383 186,277,942 523,888,339 463,066,323
1,098,820,338

Judicial Appropriation
$36,376,436 39,062,133 42,915,763 47,673,704 52,242,993

Increase
$3,334,360 2,685,697 3,853,630 4,757,941 4,569,289

Percent of State Budget
0.70% 0.72% 0.72% 0.74% 0.70%

puter information network provided electronic access to corporate records in the Secretary of State's office, and it linked clerks with each other by electronic mail through the state network.
In addition to faster and easier communication, the personal computers attached to the network gave each of Georgia's superior courts independent computing power with word-processing and spreadsheet capabilities. The General Assembly provided $539,010 in FY 1989 supplemental appropriations to purchase and install equipment for the new system. Future applications of the network may include links with other state courts and state databases or the creation of new databases to meet the needs of the judicial system.
A study released early in the year by the Administrative Office

of the Courts revealed that superior court judges have reduced the estimated average case processing time by almost 50% in the past five years. Estimated time from filing to disposition for cases filed in Georgia's superior courts averaged 10.7 months in FY 1982; by CY 1987 that estimated time had dropped to 5.4 months, a decrease of 49.4%. Several factors contributed to this decline, including the expanded use of specialized computers by the courts, more productive court administration procedures, effective methods of case management, efficient calendaring techniques, and the positive impact of 21 additional judgeships created by the General Assembly that went into effect from FY 1982 through CY 1987.
An FY 1989 study by the Administrative Office of the Courts indicated that the courts' use of

computers had increased 168% since the first poll was taken in 1984. The survey revealed that courts in 107 of Georgia's 159 counties use computers for at least some operations. Survey results also showed that courts' computer use is spread throughout the state and is less concentrated in urban areas than it was in the initial survey.
Superior courts reported the most remarkable advances in computer use with a 770% increase in the number of applications performed by their computers since 1984. The average number of applications reported by each county rose from 1.8 to 5.3 during the period. Superior court jury management and record indexing remain the most common uses, and computerized docketing has increased by 10% as a proportion of total programs.
Other positive developments in the past year included the expansion of the Georgia Law Education Diversion Program which has grown from 12 to 33 counties since 1986. The annual, ten-week program uses community volunteers and court professionals to

Judicial Branch Units: FY 1989 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

$3,779,608 121,000 15,500
3,916,108 0
472,218

Total Funds Available

$4,388,326

$4,364,874 140,000 22,000
4,526,874 0
66,534
$4,593,408

EXPENDITURES Personal Services Regular Operating Expenses Travel Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees & Contracts
Total Expenditures

$3,160,821 463,838 33,443 152,786 137,865 228,476 27,788 178,079
$4,383,096

$3,968,260 120,280 22,186 73,117 127,723 184,525 27,955 23,100
$4,547,146

Superior Courts

Institute of Council of Continuing Juvenile Judicial Court Judges Education

Judicial Council

Judicial Qualifications Commission Totals

$33,973,431 2,777,032 0
36,750,463 353,103 740,244
$37,843,810

$348,408 0
15,000 363,408 432,877
48,262
$844,547

$550,368 0 0
550,368 11,434 9,638
$571,440

$970,663 539,010 0
1,509,673 7,773
41,896
$1,559,342

$109,310 0 0
109,310 0 0
$109,310

$44,096,662 3,577,042 52,500
47,726,204 805,187
1,378,792
$49,91 0,183

$35,651,330 590,530 560,394 79,626 43,606 93,446 33,987 632,479
$37,685,398

$249,666 388,459 25,386 5,962 54,818 10,548 7,116 102,514
$844,469

$0 130,748
0 0 10,810 0 100 429,614
$571,272

$583,442 93,408 14,007 7,156
569,987 28,409 7,068
244,524
$1,548,001

$63,515 14,171 2,799 0 0 968 1,082 24,673
$107,208

$43,677,034 1,801,434 658,215 318,647 944,809 546,372 105,096 1,634,983
$49,686,590

3

16th Annual Report

teach juvenile offenders their rights and responsibilities under the law. It is usually combined with, or used as an alternative to, probation. The program, federally funded by a grant from the state's Juvenile Justice Coordinating Council, is designed to reduce recidivism by changing the nega-

tive attitudes youth have about the law. Plans were developed to expand the program into other counties by conducting local workshops for court staff.
Another program designed to help Georgia's children began in January, when Chief Justice Marshall swore in ten volunteers as

Court Appointed Special Advocates (CASA). CASA volunteers work to promote and protect the interests of deprived and delinquent children who are victims of abuse and neglect. Plans to expand the program throughout the state depend on the ability to obtain grants and government funding.

JUDICIAL COUNCIL OF GEORGIA
GEORGIA JUDICIAL DISTRICTS
CIRCUIT BOUNDARY
I '< ~ , ' f ' 50
miles

.. '
4

FY 1989

Three years of planning culminated in the summer 1988 opening of the Georgia Appellate Practice and Educational Resource Center, Inc., a joint creation of the Georgia State University College of Law, the State Bar, the Supreme Court of Georgia, the Judicial Council, and the federal courts in Georgia. The center provides assistance with legal representation in postconviction actions for indigent, death-row inmates. In addition, it has developed continuing legal education programs for attorneys representing defendants in capital cases at both the state and federal levels. Other responsibilities of the center include monitoring all

capital punishment litigation in the state, screening and recruiting members of the private bar to handle post-conviction proceedings, and serving as expert resource counsel to assist the volunteers handling these cases. The resource center, one of the first of its kind developed in the United States, receives funds from state, federal, and private sources.
Two ongoing Georgia court programs received gold medals and $10,000 awards from the Foundation for Improvement of Justice in recognition of their work to improve the quality of the justice system. The Council of Juvenile Court Judges' Purchase of Services

Program was honored for providing funds to local courts for developing community service and restitution programs as alternatives to institutional treatment.
The Civil Arbitration Program of the Superior Court of Fulton County was also honored for its efforts to promote the speedy resolution of disputes. Begun as a test project in 1986, the program was made permanent by local rule in 1988. The rule requires parties in civil cases involving damages of $25,000 or less to undergo nonbinding arbitration before a trained three-member panel. In 1987, 86% of cases assigned to the program were resolved without a trial.

5

Georgia Court System: July 1, 1989

16th Annual Report

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.

Capital felonies. Constitutional issues. Title to land. Wills, equity, and divorce.

I
COURT OF APPEALS (3 divisions) 9judges Jurisdiction: Appellate jurisdiction over lower courts in cases in which Supreme Court has no exclusive appellate jurisdiction.
I
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.

STATE COURT (62 courts) 84 judges: 39 full-time, 45 part-time. Jurisdiction (limited): Civil law actions except cases within the exclusive jurisdiction of superior court. Misdemeanors, traffic, felony preliminaries. Jury trials.

I
JUVENILE COURT (159 courts; 63 county-funded) 51 judges: 12 full-time, 39 parttime (2 state court judges serve as part-time juvenile court judges). Superior court judges serve in counties without independent juvenile courts. Jurisdiction (limited): Delinquent, unruly, deprived juveniles. Juvenile traffic. No jury trials.

I I
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. Search warrants and arrest warrants in certain cases.

Counties with population over 100,000 where probate judge is attorney practicing at least seven years. Jury trials.
MAGISTRATE COURT (159 courts) 159 chief magistrates and 284 magistrates; 38 also serve state, juvenile, probate, civil, or municipal courts. Jurisdiction (limited): Search and arrest warrants, felony and misdemeanor preliminaries, misdemeanor bad check violations. Civil claims of $5,000 or less, dispossessories, distress warrants, county ordinances. No jury trials.

l
CIVIL COURT (2 courts) 3judges Jurisdiction (limited): Warrants. Misdemeanor and felony preliminaries. Civil tort and contract cases under $7,500 for Bibb County; under$25,000 for 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) 8judges Jurisdiction (limited): County ordinances, criminal warrants, and preliminaries.

I
MUNICIPAL COURTS (Approximately 390 courts active) Jurisdiction (limited): Ordinance violations, traffic, criminal preliminaries. No jury trials.

*Total of 143 judgeships are authorized.

6

FY 1989
Supreme Court

T he Constitution of Georgia gives the Supreme Court exclusive appellate jurisdiction in cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States; the constitutionality of a law, ordinance or constitutional provision; and election contests. The state constitution provides that, unless otherwise provided by law, the court shall have jurisdiction of all cases involving title to land, equity, wills, habeas corpus, extraordinary remedies (mandamus, prohibition, quo warranto, etc.), divorce and alimony, and all cases in which a sentence of death was imposed or could be imposed.
The Supreme Court also is authorized to review by certiorari cases from the Court of Appeals and to answer questions of law from any state or federal appellate court.
The court has three terms of court each year, beginning in January, April, and September.

Oral arguments are heard each month, except in August and December. Cases are assigned in rotation to the justices.
The seven justices serving on the court are elected to staggered six-year terms in statewide, nonpartisan elections. A vacancy on the court is filled by gubernatorial appointment to complete the unexpired term.
The justices elect from among themselves a chief justice and a presiding justice for four-year terms, who handle administrative matters for the court. The chief justice serves as chairman and the presiding justice serves as vice chairman of the state's Judicial Council.
A court-appointed clerk, along with clerical assistants, provides 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.

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 June of 1989, the court held a oneday session at the city hall in Savannah.
The Supreme Court has authority to promulgate orders needed to carry out its functions. By these orders the court has directed several agencies to assist it in administrative matters. Among these are 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 caseload for calendar years 1987 and 1988 is shown on the next page.

7

16th Annual Report

Supreme Court Caseload: 1987 and 1988 (Docket entries)

Filed

1987

1988

Disposed

Direct appeals (Final)

538

Petitions for certiorari

540

Habeas corpus applications

203

Applications for discretionary

appeal

183

Applications for interlocutory

appeal

58

Attorney discipline

72

Original petitions/Motions

22

Cross appeals

14

Certified questions

8

Bar admissions

5

Judicial discipline

2

Other

TOTAL

1,646

562 598 171
165
32 48 32 16
3 10
0 0
1,637

By opinion Affirmed without opinion (Rule 59) Petitions for certiorari
Denied Granted Dismissed Habeas corpus applications Denied Granted Dismissed Remanded Withdrawn Dismissed without prejudice Dismissed as moot Denied without prejudice Stricken and entered on general docket Vacated and remanded Discretionary applications Denied Granted Transferred to Court of Appeals Dismissed Dismissed without prejudice Withdrawn Denied with direction Interlocutory applications Denied Granted Dismissed Transferred to Court of Appeals Original petitions/Motions Denied 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 a Remanded by order Withdrawn Vacated by order Stricken from docket Certiorari granted, application granted,
notice of appeal Removal from docket to await completion
of record

1987
377 131
471 72 3
145 5 6 4 3 1 0 1 0 0
128 38 6 2 2 2
29 0 0
6 4 6 6
45
31 46
3 42 14
3
5
0

TOTALb

1,639

1988
348 121
461 74 0
138 11 2 3 1 3 2 0
128 42
4 0 0 2 0
23 15
3 0
10 4 11 4
52
44 58
8 23
7 4
6
1,615

'Includes dismissed without prejudice and dismissed as moot. bCompanion cases were counted as one case in arriving at total. 'Total includes figures from several categories not applicable to the 1988 study.

8

FY 1989
Court of Appeals

F allowing 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, child custody cases, 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 chief judge is elected for a two-year term, usually upon the basis of seniority of tenure on the court. The chief judge is responsible for the administration of the court and together with the presiding judges forms the executive council. The chief judge appoints the three presiding judges who head each panel. All other judges rotate annually among the three panels.
Any decision rendered by a panel 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 during a judge's term, the governor appoints a successor to complete the unexpired term.
The court has three annual terms, which begin in September, January, and April, in Atlanta. The constitution provides that all cases shall be decided no later than the term following the term in which a case is docketed (the "two term" rule) or the case shall be affirmed by operation of law. In the history of the Court of Appeals, no case has been affirmed by operation of law.
Court of Appeals filings and dispositions for calendar years 1987 and 1988 are compared in the table below.

Court of Appeals Caseload: 1987 and 1988 (Docket entries)

Filed

1987

1988 Disposed

Appeals Discretionary applications Interlocutory applications
Total

2,071 342 391
2,804

2,306 356 361
3,023

By opinion By order Discretionary applications Interlocutory applications
Total

1987
1,667 294 377 324
2,662

1988
1,724 262 337 346
2,669

9

Superior Courts

16th Annual Report

A s 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 concurrent jurisdiction over other cases with the limited jurisdiction courts located in the same county. In addition, 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 located in or near the several large metropolitan areas of the state (see map of Georgia on page 4).
The number of superior court judges per circuit ranges from one judge in two circuits (Appalachian and Rockdale) to 13 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 courts are grouped into ten administrative districts with boundaries that roughly correspond to those of Georgia's U.S. congressional districts. An administrative judge, who is 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 data and other information for management purposes and to assign superior court judges, with their approval, to serve temporarily in other counties and circuits as they are 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 least three years, and have been authorized 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.
As of June 30, 1989, there were 137 judges in Georgia's 159 superior courts. Six additional judgeships, one each for the Atlanta, Atlantic, Chattahoochee, Cherokee, Eastern, and Southern judicial circuits, were created by the 1989 General Assembly.
Recent case/oad data for the superior courts is presented on page 11. The four graphs depict total, civil, criminal, and average filings and dispositions for fiscal year 1984, and for calendar years 1985-1988. CY 1988 total superior court caseload by circuit and case type is presented in the table on pages 12 and 13.

10

FY 1989

Superior Courts
FY 1984
5-year trend: total filings/ dispositions

CY 1985
t-1,

183,805

-- 240,000
---+-- ---- 210,000
I
- 180,000

5-year trend: civil filings/ dispositions

~I

156,312

- 150,000

130,195

144,081
__ ___[____ _ _ _ _ _ J

135,570

'

I t-

- - 130,000 - 110,000

5-year trend: criminal filings/ dispositions

55,224

--I:------

90,885 ------ 90,000
1

'T-6- - 70,000

---l -- 6~ ~98

i
- + - - ------t-------

-- 50,000

'

I

5-year trend: average per judge, total filings/ dispositions
1,541
1,494
FY 1984

--1_-- I

-~I
L - -1,804

1,900

- - 1 , 82

1,549

I

i ~-

1.4'87 I

CY 1985

CY 1986

I
--~.-
CY 1987

1,715
t! CY 1988

- - - 1,700 - - 1,500

Filings Dispositions

11

16thAnnualReport

CY 1988 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

Disposed

3,416 3,383
935
10,141 3,095 2,677

3,185 3,158
876
10,266 3,032 1,905

931 2,040 2,546
1,917 1,847 3,852
1,884 1,114 1,976
1,208 1,634 1,048
2,634 1,445 1,962
1,836 964
2,380
2,398 1,006
844
2,326 1,200 2,999
1,008 1,125 1,052

803 1,840 2,254
1,568 1,740 4,121
1,612 897
1,974
1,059 1,361
818
2,407 1,186 1,927
1,488 826
2,501
2,404 701 703
1,969 1,061 3,008
848 1,252
891

948 517 1,996

925 550 2,034

900 1,875 1,538
5,194 1,561 1,380
1,331 1,746 1,076
90,885 663

948 1,821 1,494
4,428 1,615 1,192
1,295 1,572
971
84,486 617

Felony

Filed

Disposed

1,141 1,292
334

1,041 1,128
277

8,690 733
2,048

8,818 672
1,338

615 1,661 1,724

493 1,392 1,444

794 1,334 2,948

562 1,235 3,136

788 675 1,405

627 508 1,404

1,098 673 390
2,286 606
1,076
1,704 450 958

942 528 251
2,031 458 992
1,356 313 933

1,665 777 511

1,654 483 416

992 634 1,293

753 543 1,172

467

354

861

998

483

452

482

451

319

300

520

474

550 1,395
728
3,941 468 684

539 1,349
698
3,175 442 559

360 731 700
53,984 394

365 566 589
48,211 352

*Based on 137 superior court judges. ** Probation revocations were not included as a criminal case type prior to 1988.

Misdemeanor Filed Disposed

2,173 1,665
456

2,042 1,615
454

23 2,185
515

20 2,180
460

30

24

224

293

617

605

546

438

105

97

272

385

914

802

321

271

314

313

0

7

715

593

338

247

0

0

682

571

747

796

57 78 1,256

57 77 1,338

88

105

28

17

274

228

1,026 300
1,605

901 252 1,735

383

336

12

12

473

343

355 32
1,145

365 74
1,242

69

61

353

338

338

325

0

0

869

942

531

477

854

817

582

579

53

59

23,603 172

22,893 167

Probation Revocation **

Filed

Disposed

102

102

426

415

145

145

1,428 177 111

1,428 180 107

286

286

155

155

205

205

577

568

408

408

631

600

182

183

118

118

257

257

110

110

246

240

320

320

348

376

157

157

139

139

75

75

436

436

166

230

645

645

201

201

59

59

308

315

266

266

101

101

158

158

252

242

96

96

111

109

166

176

331

318

280

348

127

134

472

471

1,253 224 165

1,253 231 156

117

113

433

427

323

323

13,293 97

13,382 98

12

FY 1989

CY 1988 Superior Court Caseload {Docket entries)

Total Civil Filed Disposed

1,663 2,782 1,240

1,395 2,994 1,171

11,538 3,368 7,412

12,228 3,138 7,051

2,576 4,220 5,959
2,949 3,433 8,432
4,126 1,804 4,633

2,498 3,604 5,956
3,159 3,216 11,390
2,773 1,294 4,400

2,105 2,346 2,260
5,143 3,372 4,697

1,936 1,925 1,872
5,019 2,745 3,881

6,316 1,950 3,825

5,298 1,850 3,935

4,355 2,353 1,856
2,856 1,735 3,663

3,824 1,754 1,986
2,601 2,077 3,128

1,550 2,184 1,481
1,888 1,760 2,362

1,201 2,475 1,351
1,798 1,777 2,321

3,034 4,293 2,108

2,982 3,804 2,100

10,044 2,708 1,973

10,447 2,812 1,773

1,179 2,829 1,952

1,158 2,626 1,737

156,312 1,141

150,460 1,098

General Civil Filed Disposed

889 1,183
492

702 1,289
472

3,827 1,134 1,720

4,206 1,060 1,411

745 1,794 1,596
1,223 681
1,836

741 1,425 1,567
1,353 601
4,111

1,585 752
1,567

1,016 509
1,529

733 1,407
858
1,936 1,668 2,128

622 1,099
619
1,819 1,268 1,446

1,906 647 962

1,733 577 975

1,526 908 745
1,568 726
1,842

1,337 643 605
946 916 1,842

829

584

626

849

527

496

760 1,185
953

686 984 1,002

740 1,582
967

703 1,350
923

2,026 1,529
680

2,391 1,541
618

508 1,349
815

449 1,144
692

55,660 406

52,851 386

Domestic Relations

Filed

Disposed

774 1,599
748
7,711 2,234 5,692

693 1,705
699
8,022 2,078 5,640

1,831 2,426 4,363
1,726 2,752 6,596
2,541 1,052 3,066

1,757 2,179 4,389
1,806 2,615 7,279
1,757 785
2,871

1,372 939
1,402

1,314 826
1,253

3,207 1,704 2,569

3,200 1,477 2,435

4,410 1,303 2,863

3,565 1,273 2,960

2,829 1,445 1,1 11

2,487 1,111 1,381

1,288 1,009 1,821

1,655 1,161 1,286

721 1,558
954
1,128 575
1,409

617 1,626
855
1,112 793
1,319

2,294 2,711 1,141

2,279 2,454 1,177

8,018 1,179 1,293

8,056 1,271 1,155

671 1,480 1,137

709 1,482 1,045

100,652 735

97,609 712

Total Caseload

Filed

Disposed

5,079 6,165 2,175

4,580 6,152 2,047

21,679 6,463
10,089
3,507 6,260 8,505

22,494 6,170 8,956
3,301 5,444 8,210

4,866 5,280 12,284

4,727 4,956 15,511

6,010 2,918 6,609

4,385 2,191 6,374

3,313 3,980 3,308
7,777 4,817 6,659

2,995 3,286 2,690
7,426 3,931 5,808

8,152 2,914 6,205

6,786 2,676 6,436

6,753 3,359 2,700

6,228 2,455 2,689

5,182 2,935 6,662

4,570 3,138 6,136

2,558 3,309 2,533

2,049 3,727 2,242

2,836 2,277 4,358

2,723 2,327 4,355

3,934 6,168 3,646

3,930 5,625 3,594

15,238 4,269 3,353

14,875 4,427 2,965

2,510 4,575 3,028

2,453 4,198 2,708

247,197 1,804

234,946 1,715

Total Open Case load
2,349 2,682 1,399
5,681 1,255 6,247
1,795 4,639 3,210
2,508 2,536 4,747
3,319 1,309 3,093
1,963 3,503 1,100
4,168 3,761 3,550
2,600 1,272 2,769
3,032 2,234 1,194
2,914 1,537 2,552
930 391 1,351
1,454 978
2,344
1,172 2,591
953
7,290 2,677 2,315
1,206 1,909 1,713
114,192 834

13

State Courts

16th Annual Report

A 1970 legislative act established 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 imposing a fine of up to $500 and/ or a sentence of 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 exists. In the same manner, the legislature also establishes the number of judges to preside in state courts and whether the judges are to be full or part-time. Part-time judges are permitted to practice law, except in their own courts.
In fiscal year 1989, 62 state courts operated in 63 counties.

Georgia's only multi-county state court serves Cherokee and Forsyth counties. Of the 84 judges presiding, 39 were full-time and 45 were part-time.
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 have 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 1988 filings and dispositions are listed in the table below for 24 counties that voluntarily submitted caseload data.

CV 1988 State Court Caseload a

County
Bibb Carroll Chatham Cherokee/Forsyth
Clarke b Cobb Colquitt Coweta
DeKalb Fulton Gwinnett Habersham
Houston Jackson Lowndes' Millerd
Muscogee Richmond Spalding e Sumter
Tift Treutlen Washington Worth

Misdemeanor Filed Disposed

5,509 394
2,248 3,984
2,548 5,404
869 758

5,474 429
1,841 3,757
N/A
5,041 727 961

7,175 20,557
2,601 745

5,649 15,608
1,828 684

1,554 366
2,874 54

1,449 351
2,861 54

2.390 3,583
711 1,068

1,395 1,859
553 961

1,758 123 401 298

1,510 123 383 231

Traffic Filed Disposed

2,864 5,114 2,075 9,692
6,224 61,225
1,449 3,973

2,803 3,972 1,699 8,983
N/A
59,079 1,243 3,718

7,215 9,985 1,610 1,216

8,239 6,330 1,050 1,364

10,961 4,906 8,941 404

10,754 4,861 9,165 404

2,665 5,775 2,804 1,286

1,558 3,474 2,481 1,286

7,234 4,112
741 2,594

6,332 4,112
677 2,291

Civil Filed Disposed

590 571 5,218 1,429
387 27,130
87 475

545 191 4,571 1,043
N/A
23,777 55
360

71,914 46,609
5,100 98

62,577 21,899
5,006 59

1,235

984

68

29

N/A

N/A

0

1

349

24

659

322

242

167

71

53

264

198

12

4

16

8

110

22

acriminal case loads equal the number of defendants; civil case load equals number of docket entries. b Dispositions not reported. 'Civil caseload data not submitted. dFigures for the first half of CY 1988 only. ecriminal dispositions estimated for the first half of CY 1988.

Total Caseload Filed Disposed

8,963 6,079 9,541 15,105
9,159 93,759
2,405 5,206

8,822 4,592 8,111 13,783
N/A
87,897 2,025 5,039

86,304 77,151
9,311 2,059

76,465 43,837
7,884 2,107

13,750
5,340
N/A
458

13,187
5,241
N/A
459

5,404 10,017
3,757 2,425

2,977 5,655 3,201 2,300

9,256 4,247 1,158 3,002

8,040 4,239 1,068 2,544

14

FY 1989
Juvenile Courts

T he 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 have 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 cases involving 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 not yet appropriated funds to implement this act, the state's 11 full-time and 40 part-time juvenile court judges who serve in the 63 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 34 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.
Juvenile court judges are appointed by superior court judges of the circuit for a four-year term. One exception is that the juvenile court judge of Floyd County is elected. 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 CY 1988 is presented by county in the table on pages 16-18.

15

16thAnnual Report

CY 1988 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

124 11 14 1
188
11 82 281 40 71
913 10 17 70 94
96 103 75
4 187
7 316 172
18 1,095
21 53 292 516 9
980 5
1,651 96 208
226 74 211 20 73
35 21 137 3,073 56
14 908 416
50 1
98 50 41 48 20
165 379 124 46 5,428
33 1
416 188 62

98 9 6 0 185
6 69 214 8 58
745 9 9 45 66
74 96 57
3 169
5 293 165
9 738
21 48 224 505 8
634 4
1,318 84 170
209 71
210 14 61
31 14 119 1 '111 17
4 867 410
43 1
91 47 41 30 18
162 197 98 36 3,138
23 1
409 153 59

Unruly Filed Disposed

21

16

3

0

0

0

2

2

11

11

3

2

17

16

86

69

0

0

37

29

163

142

3

2

1

1

23

12

44

32

13

13

4

4

16

15

1

1

131

119

2

2

246

151

19

19

8

5

339

252

0

0

16

16

125

94

122

120

2

2

354

241

2

2

732

607

25

22

38

33

48

47

20

19

162

156

3

3

11

11

19

18

6

4

18

14

1,168

519

9

4

0

0

121

117

184

182

11

9

2

2

35

35

5

1

7

7

28

21

3

3

95

95

232

130

31

18

6

3

1,321

798

10

5

0

0

163

161

150

137

15

13

Traffic Filed Disposed

23 8 0 0 22
7 13 192
1 4
315 2 0 6 8
23 14 11 2 13
0 190 81
0 623
0 49 212 85
1
906 0
1,386 66 22
140 3
119 4 14
3 1 35 1,288 20
0 197 16
8 0
15 16 3 7 1
141 361 110
19 1,334
3 4 108 5 7

22 3 0 0 22
7 12 173
1 3
314 2 0 2 6
19 13 8 2 13
0 183 80
0 53
0 48 188 85
1
584 0
1,195 66 19
133 3
118 4 14
1 0 34 548 10
0 190 16
6 0
14 16 3 6 1
140 258 93
17 1,071
1 4 104 5 7

Deprived Filed Disposed

22

20

15

13

24

14

5

4

110

107

5

5

54

51

154

113

3

2

26

16

122

73

11

10

25

19

22

17

22

19

24

20

38

38

32

18

7

7

88

72

11

6

121

109

87

72

8

8

577

347

4

4

3

3

140

112

197

197

16

16

476

358

19

17

460

382

29

1

73

51

15

11

11

4

128

128

7

7

59

50

22

17

7

7

51

40

920

403

3

0

21

9

110

110

109

103

6

6

2

2

18

16

11

10

34

34

16

10

9

4

38

38

169

109

39

19

18

9

1,114

523

12

8

0

0

66

66

145

129

18

10

Special

Total

Proceedings

Case load

Filed Disposed Filed Disposed

2

2

192

158

0

0

37

25

0

0

38

20

1

1

9

7

5

5

336

330

0

0

26

20

21

19

187

167

130

102

843

671

1

0

45

11

3

2

141

108

403

235 1,916 1,509

3

3

29

26

8

8

51

37

4

0

125

76

6

1

174

124

4

1

160

127

11

10

170

161

7

5

141

103

6

5

20

18

65

61

484

434

1

1

21

14

6

0

879

736

1

1

360

337

1

1

35

23

67

18 2,701 1,408

2

2

27

27

3

3

124

118

55

41

824

659

16

16

936

923

3

3

31

30

150

118 2,866 1,935

3

3

29

26

217

195 4,446 3,697

4

3

220

176

1

1

342

274

27

24

456

424

2

2

110

99

15

15

635

627

2

1

36

29

14

11

171

147

2

2

81

69

7

3

42

28

5

5

246

212

257

81 6,706 2,662

2

0

90

31

3

3

38

16

75

68 1,411 1,352

74

70

799

781

2

2

77

66

2

2

7

7

10

6

176

162

2

2

84

76

0

0

85

85

3

2

102

69

0

0

33

26

24

23

463

458

37

20 1,178

714

21

15

325

243

4

2

93

67

458

223 9,655 5,753

0

0

58

37

0

0

5

5

16

16

769

756

23

23

511

447

2

2

104

91

16

FY 1989

CY 1988 Juvenile Court Caseload {Number of childrenl

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 Sumpter Talbot

Delinquent Filed Disposed

17 1,201
24 313
12
41 32 75 17 252
359 11 78 18 48
58 18 17 35 59
26 203 73 207
6
10 262
3 76 57
18 96 19 73 16
66 57 8 28 93
1331 229 42 10 217
83 24 25 39 99
24 9 3 34 23
1,279 208 6 23 12
373 64 18 161
7

15 1,129
15 304
3
37 20 73 15 249
256 10 62 17 45
36 5 16 34 46
20 198 70 185 10
6 227
2 73 44
14 83
7 70 14
53 57
7 19 57
1142 177 34 9 199
69 22 18 33 85
18 8 3 29 20
1,101 154
4
20 10
280 57 18 160 7

Unruly Filed Disposed

3

3

564

518

6

4

205

203

0

0

4

4

4

4

4

4

0

0

95

95

321

258

3

3

7

5

0

0

21

17

1

0

1

1

3

3

7

7

33

27

0

0

125

124

14

13

77

74

3

3

4

2

77

52

6

1

21

19

8

6

1

1

21

17

15

12

1

1

3

3

5

5

34

33

8

8

4

2

47

33

562

462

144

124

11

8

2

1

59

55

34

31

15

12

3

3

13

11

38

32

4

3

0

0

0

0

4

4

0

0

299

280

86

65

5

5

13

13

5

5

102

81

7

6

10

10

52

52

2

2

Traffic Filed Disposed

13 1,083
37 260
0
6 13 20
1 111
375 2 9 3 21
1 3 3 60 23
0 75 23 43 9
4 92
1 2 55
2 30 0 20
2
2 44
1 27 2
350 103
2 1 19
2 4 0 16 0
0 2 3 21 1
143 169
2 0 3
95 26
1 31
0

10 1,041
36 259
0
6 12 19
1 110
342 2 6 3 17
1 2 3 60 20
0 75 21 41 16
1 70 0
2 55
2 27 0 20 2
1 44
1 27 0
289 85 1 1 19
1 3 0 13 0
0 2 3 20 1
109 151
2 0 3
71 26
1 31
0

Deprived Filed Disposed

0

0

395

368

61

47

134

115

7

7

33

26

5

3

14

0

13

13

36

30

294

251

8

2

58

50

28

20

13

12

26

21

9

8

5

3

6

5

12

11

10

6

94

30

10

10

39

29

14

14

30

0

58

48

6

5

44

43

23

7

4

4

16

3

3

2

55

55

1

0

11

11

37

37

15

15

13

11

21

16

415

327

177

142

18

17

17

17

43

31

50

41

27

27

20

10

8

4

30

18

2

2

44

41

11

11

10

0

8

8

195

138

71

52

4

4

9

9

13

7

135

112

13

7

6

6

52

52

1

1

Special

Total

Proceedings

Caseload

Filed Disposed Filed Disposed

3

3

36

31

225

216 3,468 3,272

3

3

131

105

56

55

968

936

2

1

21

11

15

14

99

87

10

7

64

46

15

15

128

111

7

5

38

34

65

62

559

546

77

56 1,426 1,163

2

2

26

19

0

0

152

123

1

1

50

41

2

2

105

93

1

1

87

59

11

11

42

27

5

5

33

30

0

0

108

106

11

9

138

113

0

0

36

26

11

8

508

435

22

19

142

133

0

0

366

329

0

0

32

43

6

2

54

11

14

13

503

410

4

4

20

12

9

6

152

143

0

0

143

112

3

3

28

24

9

6

172

136

3

2

40

23

16

16

165

162

5

4

27

23

13

12

97

82

7

7

179

178

1

1

33

32

2

2

74

61

50

40

213

146

245

130 2,903 2,350

199

161

852

689

30

26

103

86

8

6

38

34

69

57

407

361

30

29

199

171

0

0

70

64

3

2

51

33

9

7

85

68

40

29

207

164

7

6

37

29

2

2

57

53

2

2

19

19

2

0

71

53

14

14

46

43

43

31 1,959 1,659

60

43

594

465

9

7

26

22

4

4

49

46

0

0

33

25

38

36

743

580

20

14

130

110

3

1

38

36

23

22

319

317

1

1

11

11

17

16th Annual Report

CY 1988 Juvenile Court Caseload (Number of children}

County

Delinquent Filed Disposed

Unruly Filed Disposed

Traffic Filed Disposed

Deprived Filed Disposed

Special

Total

Proceedings

Case load

Filed Disposed Filed Disposed

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

5 46 8 80 32
231 280 80
8 35
609 34 32 7 127
123 275 326
19 21
99 7 24 18 337
20 23 17 80
31,673

5 35 7 68 26
198 230 75
7 32
467 24 29
7 119
120 243 284
18 16
86 7 20 6
294
15 22 16 44
23,637

3 32 2 27 3
66 48
6 0 7
146 9 14 4 44
57 278 102
0 2
15 0 12 6 193
0 3 3 9
10,809

3 28 2 26 2
43 40 2 0
7
128 6 14 4 41
56 242 82
0 2
14 0 10 3 179
0 3 2 7
8,360

3 8 6 17 9
105 87
1 4 24
71 11 4 29 60
97 99 73 7 0
15 1 3 5
228
2 10 5 27
12,750

3 7 4 17 9
92 82
1 4 19
50 8 4 28 56
97 86 60
7 0
15 1 3 0 192
2 9 4 27
10,015

0 13 7 2 53
62 45 57
1 8
178 10 12 16 52
52 165 96
1 17
42 0 6 6
168
11 2 16 7
10,353

0 12 7 2 49
48 25 44
1 4
128 5 5 16 46
50 134 79
3 13
39 0 2 3 145
7 2 14 0
7,508

1 7 5 6 15
13 6 26 0 5
13 2 2 0 6
20 77 22
3 0
45 0 0 3
101
0 9 5 25
4,263

1 7 5 3 13
9 6 22 0 5
9 2 2 0 6
20 56 22
3 0
45 0 0 3 92
0 8 5 5
3,081

12 106 28 132 112
477 466 170
13 79
1,017 66 64 56 289
349 894 619
30 40
216 8 45 38
1,027
33 47 46 148
69,848

12 89 25 116 99
390 383 144
12 67
782 45 54 55 268
343 761 527 31 31
199 8 35 15
902
24 44 41 83
52,601

18

FY 1989

Probate Courts

L ocated 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. In those counties where there is no state court, 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, 1988, in counties with a population greater than 100,000 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 rna tter.
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, aU. S. citizen, and a county resident for at least two years preceding the election. In counties with a

population over 100,000, candidates must fulfill additional qualifications on age and the practice of law.
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.
FY 1989 civil cascload data voluntarily submitted by 97 probate courts and CY 1988 criminal caseload data voluntarily submitted by 51 probate courts exercising criminal jurisdiction are presented in the tables on pages 20-22.

19

16thAnnual Report

FY 1989 Probate Court Civil Caseload (Docket entries)

County

Administration

No Administration
Necessary

Probate

Year's

Common Solemn Guardianship Support

Hospital- Habeas ization Corpus

Licenses Marriage Pistol

Total Civil

Atkinson*

3

0

1

10

6

0

7

0

36

26

89

Bacon *

2

1

1

6

1

0

8

0

23

17

59

Baker *

3

0

0

6

4

0

7

0

11

11

42

Baldwin

18

5

11

81

67

3

225

0

365

268

1,043

Banks

9

0

1

27

8

Barrow

11

1 0

0

68

42

Bartow

26

14

1

147

58

Ben Hili

16

5

5

50

a - - - - " - --- -- -~- -- -------- ----- - ------ ----------

Bibb

77

39

1

454

15 117

Bleckley

2

2

1

26

6

Brantley

1

2

0

16

7

Bryan

19

0

2

25

18

3

7

0

70

60

185

2

44

0

270

200

647

12

116

0

503

455

1,332

4

17

0

190

127

429

52

108

o

1 ,692

875

3.427

2

0

0

124

114

277

3

0

0

97

58

184

1

16

0

99

98

278

Bulloch

21

2

4

105

17

3

19

0

269

183

623

Butts

9

4

0

41

16

5

3

0

130

184

392

Candler

6

4

1

22

5

0

0

0

58

21

117

Chatham 40

15

9

124

112

27

29

554

290

1 ,201

------------------------------------------------------------------

Cherokee

28

18

9

125

32

14

41

0

540

560

1,367

Clarke

79

12

15

214

100

11

82

2

551

382

1.448

Clay*

0

0

0

5

0

0

0

0

8

5

18

Clayton

69

Clinch

8

29

9

256

280

45

72

0

2,275

1 ,082

4,117

--------------- -----------------------------------------------------------------

1

11

3

2

0

0

58

13

97

____ Cobb

171

52

40

Coffee

23

8

5

-~()!g~~_!!__ _ _ _~---~---------=--

717

389

78

142

0

4,68.5

2,387

63

29

5

0

0

357

198

_9_4_ _ _ _2~_____________-:__ __ --- ____2_9_ . ---~----- 372 ----- ~~

8,661 693
676

Coweta

36

14

8

143

75

i 6

67

1

564

341

1 ,265

Crawford

2

1

0

19

7

2

0

0

86

62

179

Dawson

5

4

1

32

10

3

19

0

83

97

254

Decatur

20

5

DeKaib **

51

58

0

66

27

5

26

0

246

76

471

--------------------------------------- ---

69

487

290

67

18

9

2,500

1,150

4,699

Dodge

10

9

3

44

23

4

4

1

146

79

323

Dooly *

0

0

18

3

1

4

0

21

51

99

_Qougherty_:___E_______14_______!Q ______1_20_

68

5

42

0

765

491

1,547

Douglas

22

9

Early

4

1

Effingham

15

1

Evans *

3

0

1

124

85

18

20

0

954

603

1,836

0

28

3

0

13

0

85

77

211

8

46

31

6

21

0

176

205

509

0

13

3

0

2

0

48

33

1 02

Fannin

13

4

2

28

8

Fayette

20

8

6

82

36

Fulton

427

263

221

1 ,569

1.299

-G-il-m-er-* - - - - -3- - - - - - -1 - - - - - - -2 - - - - - - -5-

3
----

Grady

13

10

3

36

10

Greene

14

1

9

23

9

Gwinnett

101

36

15

396

281

-H-al-l* - - - - -22- - - - - -7- - - - - -4- - - - -11-6- - - - 43

Haralson

39

0

0

62

15

Harris *

4

1

1

7

6

Heard'

0

0

0

7

2

Henry

19

17

11

129

75

Jasper

3

0

Jones

11

0

Laurens

32

15

Lee*

4

5

4

26

6

7

54

17

2

97

42

0

9

6

5

0

0

121

12

0

0

454

150

46

0

7,519

1

5

0

38

1

41

0

190

1

4

0

80

34

76

0

3,135

7

20

0

466

12

27

1

231

1

0

0

~

0

1

0

21

-

-

-131-

-

-

-

-

-

-263-

-

-

-

-

-00

-

-

-

-

-

452
~

4

13

0

140

7

67

0

418

3

7

0

M

151 450 5,383
28
46 92 1 .735 333
220 20 16
526
59 204 286
93

332 1 ,068 16,877
86
350 233 5,809 1,018
607 73 47
1,268
167 450 966 191

Liberty

35

1

Long*

0

0

Lowndes* 24

6

Macon*

12

2

0

61

105

9

74

0

1,300

161

1,746

0

5

1

1

4

0

16

9

36

35

16

12

22

0

441

152

709

4

54

19

0

24

0

116

99

330

McDuffie*

6

4

Miller

9

3

Mitchell

16

7

Monroe

9

5

0

27

17

4

26

0

80

123

287

1

18

1

0

0

0

~

48

122

1

50

11

2

1

0

166

97

351

5

40

8

0

3

0

128

123

321

20

FY 1989

FY 1989 Probate Court Civil Caseload (Docket entries)

County

Administration

No Administration
Necessary

Probate Common Solemn Guardianship

Year's Support

Hospitalization

Morgan*

5

1

Murray**

11

8

Muscogee 184

21

Oglethorpe

4

13

1

7

3

2

3

1

43

13

6

22

18

463

286

61

64

0

27

17

3

8

Paulding

21

8

0

99

37

7

0

Peach*

4

0

0

18

0

0

5

Pierce

6

4

10

28

6

6

20

Pike**

3

0

0

23

8

0

3

Polk

11

0

Putnam

16

6

Quitman

3

2

Randolph

9

2

4

101

17

11

71

4

26

13

5

7

1

7

1

0

2

0

31

9

0

0

Richmond 109

51

Rockdale

23

21

Seminole

13

4

Spalding

21

15

56

343

170

127

202

11

86

73

5

14

1

21

5

3

13

1

139

61

12

45

Tattnall

10

7

Taylor

8

0

Telfair

7

2

Terrell

11

1

2

143

16

3

18

6

0

26

6

1

26

13

5

18

3

62

1

16

0

5

Thomas

28

8

Tift

20

6

Towns

9

1

Troup

20

18

1

124

29

0

72

17

0

39

6

6

166

48

5

430

2

34

0

0

22

77

Turner

14

6

2

39

24

1

3

Union

16

1

5

22

21

4

0

Walker

29

25

5

141

75

14

38

Walton

35

14

5

83

38

11

52

------------------------

Ware

28

11

6

96

23

20

56

Warren*

0

1

0

5

6

0

0

Washington 14

9

9

28

6

1

13

Wheeler

0

0

2

4

6

4

4

White

12

8

Whitfield** 23

25

Wilkes*

8

0

Wilkinson

9

4

Worth

5

3

1

39

5

5

194

36

23

7

1

19

6

4

48

22

7

5

16

100

1

4

2

17

3

18

Habeas Corpus
0 0 0 0
0 0 0 0
0 0 0 0
0 0 2 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 1 0 0 0

Incomplete submissions for FY 1989. ** CY 1988 data.

Licenses Marriage Pistol

Total Civil

32 215 2.133
86
591 36
140 81
447 120
19 64
1,553 642 651 583
120 51 98 87
413 394
41 486
57 111 228 301
434 7
138 36
138 422
36 73 175

27

81

127

446

786

4,016

104

262

391

1,154

29

92

64

284

84

202

314

976

133

330

15

50

64

179

1,181 422 59 417

3,792 1,297
772 1,294

119

440

48

199

105

261

102

246

164

1,202

204

749

91

187

410

1,253

70

216

170

350

194

749

-

261 ---

-

-

-

-8-00-

257

931

16

35

92

310

26

82

60

275

273

1,095

9

89

88

219

149

427

21

FY 1989 Probate Court Criminal Caseload (Docket entries)

County
Atkinson* Bacon* Baker* Banks
Barrow Bartow Ben Hill Bleckley
Brantley Butts Clay* Crawford
Dawson Dodge Dooly * Douglas
Fannin Fayette Gilmer* Greene
Haralson Harris* Heard* Henry
Jasper Laurens Lee* McDuffie*
Monroe Morgan* Murray** Oglethorpe
Paulding Peach* Pike** Polk
Quitman Randolph Seminole Taylor
Telfair Terrell Towns Turner
Union Walton Warren* Wheeler
White Wilkes* Wilkinson

Misdemeanors

Filed

Disposed

0

0

8

15

17

17

129

161

0

0

591

574

66

56

0

0

70

70

190

190

31

29

47

38

101

85

76

57

9

1

0

0

167

164

7

2

45

45

233

228

145

91

0

0

6

6

104

101

3

6

227

171

8

8

0

0

303

262

25

30

0

0

77

70

324

329

0

0

17

17

83

74

109

109

0

0

10

10

28

38

40

32

88

91

57

55

0

0

86

76

142

142

2

7

12

12

0

0

35

32

108

77

*Incomplete submissions for FY 1989. ** CY 1988 data.

Traffic Filed Disposed

556

441

117

218

346

319

712

709

1,706 5,355
789 743

1,706 4,855
670 1,300

865 1,473
144 1,167

865 1,473
122 1,152

684 943 1,819 1,989

604 612 1,574 1,446

916 1,708
213 2,339

861 1,784
213 2,259

2,105 538 82
5.233

1,383 538 86
5,086

1,010 4,464 1,067 1,347

1,010 4,261
749 1,466

10,657 1,268 2,560 879

10,126 1,418 2,560 879

1,843 96
1,070 1,613

1,809 96
1,070 1,588

280 920 1,248 802

280 922 1,148 708

1,069 1,673
191 1,511

941 1,636
186 1,393

486 2,952
214 638

407 2,952
183 635

472

336

512

628

371

294

16thAnnualReport

Total Caseload

Filed

Disposed

556

441

125

233

363

336

841

870

1,706 5,946
855 743

1,706 5,429
726 1,300

935 1,663
175 1,214

935 1,663
151 1,190

785 1,019 1,828 1,989

689 669 1,575 1,446

1,083 1,715
258 2,572

1,025 1,786
258 2,487

2,250 538 88
5.337

1,474 538 92
5,187

1,013 4,691 1,075 1,347

1,016 4,432
757 1,466

10,960 1,293 2,560 956

10,388 1,448 2,560 949

2,167 96
1,087 1,696

2,138 96
1,087 1,662

389 920 1,258 830

389 922 1,158 746

1,109 1,761
248 1,511

973 1,727
241 1,393

572 3,094
216 650

483 3,094
190 647

472

336

547

660

479

371

22

FY 1989

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 trials for claims of $5,000 or less; trials for county ordinance violations; trials for misdemeanor violations of bad check laws; holding preliminary hearings; and issuing summonses, arrest warrants, search warrants, distress warrants, and dispossessory writs.
Magistrates may grant bail in cases for which the setting of bail is not exclusively reserved to a judge of 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 de novo 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 1989,29 probate judges, three civil court judges, three juvenile court judges and referees, one state court clerk, and two municipal court judges also served as chief magistrate or magistrate.
Fiscal year 1989 magistrate court caseload is presented on pages 24-26 for 143 counties submitting data.

23

16thAnnual Report

FV 1989 Magistrate Court Caseload (Cases filed)

County

Warrants Issued

Bond and Commitment
Hearings

Criminal Cases Filed Disposed

Civil Claims Filed Disposed

Other

Total Warrants

Total

Civil Cases

and

Hearings and

Filed

Disposed Filings

Dispositions

Appling* Atkinson Bacon Baker* Baldwin
Banks Barrow Ben Hill Berrien Bibb
Bleckley Brantley Brooks Bryan* Bulloch
Burke Butts* Calhoun* Camden Candler*
Carroll Catoosa Charlton Chatham Cherokee
Clarke Clay Clayton Clinch Cobb
Coffee Colquitt Columbia Coweta Crawford
Crisp Dade Dawson Decatur DeKalb
Dodge Dooly Dougherty Douglas Early
Echols Effingham Elbert Emanuel Evans*
Fannin Fayette Floyd* Franklin Fulton
Glascock* Glynn Gordon Greene* Gwinnett

229 231 446
70 1,891
389 2,492 1,403 1,139 10,896
693 109 534 185 3,571
1,200 734 45
1,754 501
1,980 1,969
587 5,594 5,336
9,012 185
9,283 339
17,166
5,164 2,720 1.541 3,500
218
1,533 657 382
1,340 19,190
1,741 450
7,815 3,984
660
26 775 1,424 923 292
525 664 1,955 911 18,639
13 6,884 3,389
303 10,217

199 30
257 52
267
29 250 505
0 4,461
145 16
409 48
213
5 135
0 496 254
255 360 462 3,335 764
2,474 64
10,078 9
22,215
55 411 315
13 19
647 341 217 535 33,383
0 107 392 157
12
10 115 433 574
88
24 390 654 120 23,110
0 205 1,018
0 6,120

2 8 370 14 0
10 1
233 0 0
74 70 50
0 3
0 83
0 2 111
98 120
91 1.256
1
30 1
258 0
1,285
0 0 1,445 USI 28
536 0 0 0
1,184
0 0 0 386 0
0 95
0 355 329
86 698 1,392 132 21.601
0 1.032
221 0
1,077

2 8 13 14 0
10 1
414 0 0
191 41 50 0 3
0 93
0 2 0
98 170
92 1,070
1
86 0
232 0
1,271
0 0 1,011 738 24
639 0
11 0
1,084
0 0 0 399 0
0 95
0 338 18G
86 626 330 124 12,391
3 1,032
315 0
342

84 215 461
80 3,127
211 699 1,362 466 2,713
280 170 463 288 1,318
712 247
26 540 120
1,555 304 289
6,897 1,133
1,346 77
1,751 253
4,963
1,491 1,691 1,102 1,759
146
699 125 312 1,075 4,291
366 434 3,476 1,072 420
19 405 616 725 189
244 647 1,996 541 5.527
11 1,671
762 535 3,555

84 201 332
34 2,537
213 363 1,009 363 1,994
276 134 356 248 2,031
605 200
23 291 116
1,486 406 258
3,261 684
1,168 65
1,122 113
2,678
104 456 1,170 1,349 162
635 143 328
0 2,401
129 333 3,476 954 420
15 405 561 722
37
168 543 1,076 441 3,806
0 1,030
563 1,578 3,021

52 54 149 25 2,382
52 600 918 213 1,208
153 34
204 53
818
278 132
14 269
74
1,457 314 74
8,927 1,302
2,101 15
9,826 67 0
820 621 384 1,103
52
630 73 88
440 80
281 142 3,825 1,219 163
0 155 357 330 185
36 427 1,763 166 57,626
6 1,687
381 242 9,256

52 54 149 25 2,382
52 600 918 213 1,208
153 34
204 53
818
278 132
14 269
74
1,457 314 74
8,927 1,302
2,101 15
9,826 67 0
820 621 384 1,103
52
630 73 88
440 80
281 142 3,825 1,219 163
0 155 357 330 185
36 427 1,763 166 57,626
6 1,687
381 242 9,256

367 508 1,426 189 7,400
662 3,792 3,916 1,818 14,817
1,200 383
1,251 526
5,710
2,190 1,196
85 2,565
806
5,090 2,707 1,041 22,674 7,772
12,489 278
21,118 659
23,414
7,475 5,032 4,472 7,543
444
3,398 855 782
2,855 24,745
2,388 1026 15,116 6,661 1,243
45 1,430 2.397 2,333
995
891 2,436 7,106 1,750 103,393
30 11,274
4,753 1,080 24,105

337 293 751 125 5,186
304 1,214 2,846
576 7,663
765 225 1,019 349 3,065
888 560
37 1,058
444
3,296 1,250
886 16,593
2,751
5,829 144
21,258 189
26,164
979 1,488 2,880 3,203
257
2,551 557 644 975
36,948
410 582 7,693 2,729 595
25 770 1,351 1,964 496
314 1,986 3,823
851 96,933
9 3,954 2,277 1,820 18,739

24

FY 1989

FY 1989 Magistrate Court Caseload {Cases filed)

County
Hall Hancock Haralson Harris Hart
Heard* Henry Houston Irwin Jackson
Jasper Jeff Davis Jefferson* Jenkins* Johnson
Jones Lamar Lanier Lauren Lee
Liberty* Lincoln Long Lowndes Lumpkin
Macon Madison Marion McDuffie Mcintosh
Meriwether Miller Monroe Montgomery* Morgan
Murray* Muscogee Newton* Oglethorpe Paulding
Peach Pickens Pierce* Pike Pulaski
Putnam* Quitman Rabun* Randolph* Richmond
Rockdale Schley Seminole Spalding Stephens
Stewart Sumter Tattnall * Taylor* Telfair

Warrants Issued
2,641 221 932 590 668
198 1,976 7,571
368 2,072
268 1,020
187 240 424
830 487 431 2,939 634
596 169 285 6,009 637
835 843 146 1,164 459
1,237 281 816 60 570
268 0
1,234 265
1,148
1,064 882 217 382 389
427 66 464 205
15,561
2,388 170 307
3,463 1,948
281 2,441
317 75 700

Bond and Commitment
Hearings
4,572 103 74 134 199
2 3,313 2,776
0 229
129 756 64
27 19
7 32 23 2,932 111
0 49 106 1,830 366
162 364 93 221 176
51 0 97 5
271
6 0 532 19 642
729 4 42
153 120
486 28
6 20 1,911
2,167 71 72
2,083 71
44 1,231
137 7
208

Criminal

Cases

Filed

Disposed

2,225 102 123 17 43

2,225 27 77 12 76

8 597 146
0 4
0 592 48
0 39
0 0 0 1,031 87
0 2 0 823 164
138 164
0 87
2
4 0 0 0 66
15 0 690 4 82
41 29
0 10 0

8 608 77
0 3
0 592 48
0 39
0 0 0 1,033 85
0 2 0 360 45
47 141
0 87
2
4 0 0 4 17
15 0 612 0 216
59 29 0 10
0

0 0 2 0 7,852
1,622 0 15 19
474
13 0 207 0 0

0 0 2 0 7,852
1,256 0 36 22
102
14 0 104 0 0

Civil Claims Filed Disposed

1,886 918 329 389 520

1,749 838 190 315 178

140 973 1,336 400 670
172 760 179 235 222
620 416 196 1,052 420

126 1,340 1,201
400 753
173 782 179 215 121
315 383 126 1,831 382

165

294

297

212

111

104

2,102

918

346

217

519

104

447

258

121

116

699

482

270

250

827

769

319

0

715

502

43

29

452

405

144

96

1,154

469

463

432

193

184

539

645

463

266

303

244

59

67

200

69

329

226

744 43 202 79 6,433
714 131 290 1,907 516
95 1,018
319 23
377

625
44
206 89 1,649
564 75 201
1,590 268
73 991 310
24 313

Other

Total Warrants

Total

Civil Cases

and

Hearings and

Filed

Disposed Filings

Dispositions

1,809 377 128 160 248
46 686 1,435 201 381
107 299 93 149 118
182 225 59 1,042 127
165 179 19 1,860 76
352 97 59
431 65
331 43
349 8
217
22 15 286 77 277
271 82 17 71 97
243 1
53 24 5,997
1,116 60 83
2,768 191
42 751 43
5 243

1,809 377 128 160 248
46 686 1,435 201 381
107 299 93 149 118
182 225 59 1,042 127
165 179 19 1,860 76
352 97 59
431 65
331 43 349 8 217
22 15 286 77 277
271 82 17 71 97
243 1
53 24 5,997
1,116 60 83
2,768 191
42 751 43
5 243

8,561 1,618 1,512 1,156 1,479
392 4,232 10,488
969 3,127
547 2,671
507 624 803
1,632 1,128
686 6,064 1,268
926 647 415 10,794 1,223
1,844 1,551
326 2,381
796
2,399 643
1,880 111
1,305
449 1,169 2,673
539 2,046
1,839 1,296
293 663 815
1,414 110 721 308
35,843
5,840 361 695
8,157 3,129
431 4,210
886 103 1,320

10,355 1,345 469 621 701
182 5,947 5,489
601 1,366
409 2,429
384 391 297
504 640 208 6,838 705
459 442 229 4,968 704
665 860 268 1,221 493
1,155 43
948 46 910
139 484 1,862 280 1,780
1,325 359 126 303 443
1,354 73 267 133
17,409
5,103 206 392
6,463 632
173 2,973
594 36 764

25

16th Annual Report

FY 1989 Magistrate Court Caseload (Cases filed)

County
Terrell Thomas Tift Toombs Towns
Treutlen* Troup Twiggs Union Upson
Walker Walton Ware Warren Washington
Webster* Wheeler* White* Whitfield Wilcox*
Wilkes Wilkinson Worth
TOTALS

Warrants Issued
393 2,663 4,160 2,842
273
258 2,402
306 522 1,139
1,277 2,771 2,449
165 1,199
63 238 252 5,861
90
350 317 880
282,134

Bond and Commitment
Hearings
332 925 971
38 12
19 18 117
2 299
301 375 1,394
2 43
55 37 211 17 25
109 60 84
152,780

Criminal

Cases

Filed

Disposed

Civil Claims Filed Disposed

Other

Total Warrants

Total

Civil Cases

and

Hearings and

Filed

Disposed Filings

Dispositions

125

107

292

238

205

978

1,308

1,628

1,529 1,297

4

2

1,168

413

628

492

834

922

607

457

0

23

70

71

10

205 1,297
628 457
10

1,015 6,566 5,960 4,713
353

882 5,059 2,014 1,936
116

0

0

55

57

28

28

341

104

41

41

4,444

3,453 3,659

3,659 10,546

7,171

12

31

219

104

66

66

603

318

116

7

219

45

14

14

871

68

200

3

721

59

474

474

2,534

835

64 716 1,886
0 307

135 728 1,886
0 231

721 941 942 228 1,247

251 930 942 222 1,221

524 1,270
785 153 597

524 1,270
785 153 597

2,586 5,698 6,062
546 3,350

1,211 3,303 5,007
377 2,092

0

0

71

66

6

6

140

0

0

124

39

44

44

406

114

73

165

82

43

43

574

561

427

2,363

2,363 1,302

1,302 10,087

12

8

61

69

21

21

184

127 120 409 4,109 123

0

0

394

361

218

218

962

688

27

22

318

318

151

151

813

551

0

0

341

341

133

133

1,354

558

59,191

45,450 121,710

88,435 151,346

151,346 614,381

438,011

* Incomplete submissions for FY 1989.

Other Courts

A long 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 courts of the consolidated government of Columbus-Muscogee County.
At the local level, Georgia has courts of incorporated municipalities that try municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, 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

FY 1989
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 chairperson and vice chairperson, 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 ten superior court district administrative judges complete the council's membership. The full council meets at least twice each year, as it did in December 1988 and June 1989, to consider its committees' recommendations regarding specific studies and ongoing projects. The council oversees the activities of the Administrative Office of the Courts and the Board of Court Reporting (see following pages). The Judicial Council continued its contract with the ten judicial administrative districts for district personnel to conduct the 1987 calendar year casecount in the summer of 1988. 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 use in evaluating requests for ten additional superior court judgeships in nine judicial circuits.
In considering additional judgeships, the Judicial Council seeks a balanced and equitable distribution of superior court caseload to promote speedy and fair trials. Endorsements are based on information that clearly and convincingly depicts the necessity of additional judicial personnel. 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. In FY 1989, the council recommended to Governor Harris and the General Assembly the creation of eight new superior court judgeships in the following judicial circuits: Atlanta (thirteenth and fourteenth judgeships), Atlantic (fourth), Chattahoochee (fifth), Cherokee (third), Eastern (fifth), Lookout Mountain (fourth), and Southern (fourth). All judgeships were approved by the General Assembly except the fourteenth judgeship for the Atlanta Circuit and an additional judgeship for the Lookout Mountain Circuit.
In response to a request from a state representative, the council evaluated a proposal to split Columbia County from the threecounty Augusta Judicial Circuit. In light of its policy against creating single-county circuits, the council did not recommend dividing the Augusta Circuit.
At the end of the fiscal year, the council authorized the Administrative Office of the Courts (AOC) to study 1988 caseload data to determine the need for new superior court judgeships for the Atlanta,

27

16th Annual Report

Augusta, Blue Ridge, Cobb, Coweta, Flint, Gwinnett, Lookout Mountain, Macon, Middle, Ocmulgee, South Georgia, and Stone Mountain judicial circuits. The council also authorized the Administrative Office of the Courts to research a request to create a new circuit by splitting Henry County from the Flint Judicial Circuit.
During the year, the council took steps to improve casecounting and case reporting methods. The council submitted to the Uniform Rules Committees of the superior and state courts a proposal for rules requiring that each civil suit have face sheets containing case initiation and disposition information. These sheets would be filled out by attorneys to assist clerks in docketing cases.
The Electronic Data Processing Committee (EDP) is charged with making recommendations to the Judicial Council for providing uniform electronic data management systems for Georgia's courts. It is composed of judges representing each class of trial court, court clerks, and numerous staff and technical advisors from the Administrative Office of the Courts, the Department of Administrative Services, the Institute of Continuing Judicial Education, and other professional organizations and businesses.
During FY 1989, the EDP Committee coordinated the planning, funding, procurement, and installation of personal computers in the offices of all superior court clerks to link the clerks' offices with the state's mainframe computer network. The network connects clerks to the Secretary of State's automated database for inquiries regarding corporate charters and also provides access to electronic mail. At the end of FY 1989, the clerks' network was fully operational.
The council adopted the EDP committee's recommendation to discontinue the AOC's manual

case-by-case pilot project and to use the resulting funds to develop software for superior court clerks in the less populous counties. The council also approved the committee's proposal to seek funds to purchase personal computers that would connect the following persons and organizations to the statewide network: each chief judge of the 45 superior court judicial circuits; the 24 members of the Judicial Council; a designated representative of each of the five trial court judges' councils (superior, state, juvenile, probate, and magistrate courts), the ten district court administrators, the Administrative Office of the Courts, and the Institute of Continuing Judicial Education.
As charged by law, the Judicial Council took administrative action in different areas. It approved two revisions of the rules of the Board of Court Reporting, as recommended by the board. The council also voted to approve, as part of the Georgia Magistrate Courts Training Council's 1989 curriculum, a three-hour domestic violence course (to be added to the initial certification course) and a three-hour course devoted to benchbook usage (to be added to every course).
A Judicial Council committee to investigate jury utilization and management standards as recommended by the American Bar Association (ABA) was appointed late in the year. The Jury Standards Committee began examining the ABA guidelines to determine whether the council should establish uniform jury standards in Georgia.

Administrative
Office of the
Courts
T he Administrative Office of the Courts (AOC) provides budget, research, and management information services for the state court system and serves as liaison between national and other state judicial agencies through its administrative activities. The AOC also serves as staff to the Judicial Council, working closely with its chairperson, the chief justice of the state Supreme Court.
The AOC's administration/ operations division performs fiscal support services that involve coordinating the judicial branch appropriations request and serving as accounting officer for eight other judicial agencies. The fiscal office coordinates payroll, accounts payable, cash management, purchasing, inventory control, personnel records, and financial reporting functions for these agencies.
In FY 1989, the AOC's fiscal section managed 62 separate funding sources comprising all or part of five of the seven budget units in the judicial branch (see table, page 3). These funding sources included 26 state fund allocations, 13 federal grants, and 23 fee or other revenue accounts.
Other functions of the administration/ operations division are the promotion of communication and the exchange of information among judges, court support personnel, and public and private judicial organizations. These objectives are accomplished primarily through the production of a variety of informational publications, including the Georgia Courts Journal, a periodical that informs readers of changes in court procedure, judicial personnel

28

FY 1989

appointments and elections, recent legislation, local and national court management activities, and judicial process events.
During FY 1989, 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 approximately 700 judges, county officers, and court administrative personnel.
The 1988-89 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 Fifteenth Annual Report on the Work of the Georgia Courts.
Six issues of the Public Relations Digest ... abstracts of news and feature items about the judiciary ... were compiled and circulated to Judicial Council members to gauge public opinion about court activities and to identify matters of concern.
Eighteen 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, the appointment of new council members, and other activities. Approximately 195 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 page 30).
Each year the research staff supervises the collection of caseload and other data on the trial courts' work. Through a contract with the judicial administrative districts, the AOC expended $71,000 on a manual count of calendar year 1987 cases in the superior and juvenile courts.
CY 1987 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 nine circuits: Atlanta, Atlantic, Chattahoochee, Cherokee, Cobb, Eastern, Gwinnett, Lookout Mountain, and Southern. The research staff also conducted a study to determine the feasibility of dividing the Augusta Judicial Circuit and the need for a full-time state court judge in Spalding County.
The AOC generated reports of district, circuit, and county caseloads in response to individual requests for caseload information and compiled open caseload reports for the 45 superior court circuits. 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 ranking on this measure.
According to the study, the estimated processing time for the average case in superior court decreased by 50% over five years. Some reasons given for this decrease were expanded use of computers by courts, more productive procedures for court administration, effective methods of case management, efficient calendaring techniques, and the positive benefit of the 21 additional judgeships added from FY 1982 through CY 1987.

It was found that the ten circuits in the state with the shortest overall processing times were the Atlanta, Atlantic, Conasauga, Gwinnett, Oconee, Ogeechee, Rockdale, South Georgia, Southwestern, and Waycross circuits. The Lookout Mountain Circuit demonstrated the greatest improvement in the disposition of open cases.
The AOC continued to work with the councils of state, probate, and magistrate court judges on the development of quarterly summary caseload reporting systems for each class of court. The statistical categories used to report criminal dispositions and civil filings and dispositions for the state courts were revised to provide more relevant data and simplify reporting procedures. Manuals and forms incorporating these changes were distributed to all state court clerks. New manuals were also created for the probate court summary reporting system to improve legibility, ease of use, and forms. These manuals were distributed to all probate courts.
During the year, 24 state courts, 97 probate courts, and 143 magistrate courts submitted caseload statistics.
The AOC's research staff assisted the Judicial Council's Electronic Data Processing (EDP) Committee in planning the superior court clerks' personal computer network. The immediate purpose of the network is to provide access to corporate charter information by the public and attorneys through each clerk's office. The system provides other benefits, such as electronic mail and word processing capabilities, and serves as a basis for the further automation of clerks' functions.
The AOC assisted the EDP Committee in determining budget requirements for a superior court judges' personal computer network, which would include access to legal research tools and a

29

16th Annual Report

Duties of the Administrative Office of the Courts
{OCGA 15-5-24) 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 individual 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

model jury selection system. Additionally, AOC staff drafted personal computer compatibility requirements for the Judicial Council's approval.
The AOC completed its third computer survey of all trial courts to identify computer usage in the state. Survey results indicate that the courts' use of computers has increased 168% since the first poll was taken in 1984, and the number of applications computers perform in superior courts has grown 770%. As in previous years, the survey catalogs operating systems and software, types of automated court functions, and Georgia vendors. The survey was designed to update the 1986 computer survey and to furnish planning information to the EDP Committee.
Salary surveys of superior, state, juvenile, probate, and magistrate court judges and personnel were conducted to

provide court officials with information for comparison and preparation of budget and staff requests.
During FY 1989, the AOC responded to numerous state and national surveys by organizations such as the U.S. Bureau of Justice, National Center for State Courts, National Judicial College, Rural Justice Center, Georgia Criminal Justice Coordinating Council, and other states' Administrative Office of the Courts, as well as requests for information from judges, senators, representatives, and private citizens. The AOC also prepared statistics for the Bibb County courts study completed by a task force of the judicial administrative districts.
The Jury Commissioner's Handbook, which informs jury commissioners and clerks of their responsibilities and provides guidelines for preparing the jury

master list, was revised and published in a 1989 edition.
The AOC continued to provide secretariat services to six related 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 worked with the Council of Probate Court Judges, 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 updating and distributing the benchbook. The AOC provided staff assistance to the Uniform Rules Committee of the Council of Superior Court Judges in its efforts to improve the courts' procedural rules.
The AOC also provided staff, administrative, and technical support to the Commission on Gender Bias in the Judicial System as it began its investigation of existing and potential gender bias in the state judiciary. Areas of investigation will include the unequal application of procedural and substantive law, treatment of judicial employees, domestic relations, domestic violence, criminal law, child support and custody, and judicial selection. Testimony and information gathered from professionals and the public at regional statewide hearings will be used to prepare a report on the commission's findings and to make recommendations to the Supreme Court. The commission is composed of 30 members, including judges, court officials, and community and business leaders.

30

FY 1989

Board of Court
Reporting
T he Board of Court Reporting operates under authority of the 1974 Georgia Court Reporting Act to assist 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. In order to practice, both freelance and official court reporters are required to attain certified status or to obtain a temporary permit from the board or from a judge. Board permits are issued for a single testing period and may not be renewed. Persons holding board permits may work in a freelance or official capacity until the permit expires or the reporter becomes certified. 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. To become certified, reporters must pass the "B" test, which involves dictation, transcription, and a

written exam. The optional "A" test provides an opportunity for certified reporters 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 "B" tests administered in FY 1989, 38 percent of the 298 participants passed and were certified. Four persons upgraded their certificates by qualifying for a "B" certification with no back-up.
As of June 30, 1989, there were 915 certified court reporters in the state. Fifteen reporters held temporary judicial permits, while 36 were working under temporary board permits. The board issued 88 new temporary permits during the year.
Of three formal complaints filed in FY 1989, one was issued on the board's own motion against a court reporter who had previously been convicted of a felony. Following a hearing, the reporter's license was suspended for 30 days. In the second complaint, an attorney alleged that the transcript provided by the court reporter was incorrect. The board dismissed the complaint, noting that the attorney had other remedies available to correct the transcript. The third complaint, filed against a court reporter for failure to provide a transcript of a deposition, was dismissed because the reporter's license had already been suspended for non-renewal and neither party attended the scheduled hearing date.
The Georgia Certified Court Reporter's Association (GCCRA), the profession's alliance for education and training, held two seminars during the year. The fall seminar focused on stress management and tax information. Spring seminar topics included tips on grammar, punctuation, and transcription; a demonstration of computerized, real-time reporting; and professionalism. GCCRA published a quarterly newsletter for court reporters and sponsored

legislation to provide retirement compensation to official court reporters.
The board submitted several rule changes to the Judicial Council for approval. The primary change concerned rules on eligibility for temporary permits. Sponsorship provisions were strengthened by a requirement to add the sponsor's name and certificate number to the certificate page of each transcript. Other changes included the adoption of a policy for testing disabled reporters, license revocation for persons whose licenses are suspended for more than three years, and revisions of all forms used by the board. The Judicial Council approved the requested changes at its meeting in December 1988.
The seven members of the Board of Court Reporting 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. Each person is required to have accumulated at least five years of 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.

31

16th Annual Report

Council of
Juvenile Court
Judges
(Annual Report for fiscal year 1989, as required by OCGA 15-11-4.)
T he Council of Juvenile Court Judges is composed of all judges of the courts exercising jurisdiction over juveniles. Council membership for FY 1989 included 51 full or parttime 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 provides 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. Juvenile court judges, referees, and judges pro-tem serving more than 30 days per year are required to attend at least one of the seminars to remain certified. During the past fiscal year, 51 judges and 25 referees were certified by the council. Special projects initiated or continued by the council in FY 1989 included: 1) providing technical assistance to the Institute of Government for production of an educational video entitled "What's Going to Happen to Me?: A Look at the Juvenile Court in Georgia;"
2) formation of a joint committee with the Department of Family and Children Services

(DFCS) to plan a training conference on handling the cases of deprived or abused children for Special Assistant Attorneys General, judges, and DFCS staff;
3) placement of summer law interns with juvenile courts of Chatham and Clayton counties;
4) a joint effort with the Division of Youth Services to prepare and adopt intake and probation standards for juvenile courts;
5) planning for the July 1989 meeting of the National Council of Juvenile and Family Court Judges to be held in Atlanta; and
6) creation of a committee to establish minimum caseload standards for full-time judgeships.
The Adolescent Substance Abuse Program (ASAP) began operation in four juvenile courts in September 1988. The program provides a systematic means to identify, screen, and assess juvenile probationers who have a substance abuse problem or who are at risk for developing one.
An intervention officer and an assistant serve the juvenile courts of Cobb, Douglas, Floyd, and Gwinnett counties to conduct drug screens, make assessments, monitor cases of juveniles referred to the program, and develop links to appropriate sources of treatment in the community. A total of 392 juveniles were helped by the program during the fiscal year.
Preliminary data reveals that court involvement alone is a significant indicator of drug or alcohol problems; fifty percent of the juvenile probationers evaluated at project sites were already using illegal substances in varying degrees. Substance abuse was associated with problem behaviors, including: failing grades (15%); school discipline problems (67%); and truancy (59%). For the majority of those screened, their substance abuse problem was first identified through ASAP. In May

1989, the project received a $262,000 continuation grant from the Criminal Justice Coordinating Council.
The council's Purchase of Services for Juvenile Offenders Program was named a 1988 Achievement Award winner by the Foundation for the Improvement of Justice for its accomplishments in restitution. The program annually makes available grant funds of $250,000 to juvenile courts in 95 counties for the development of court-sponsored restitution and other community-based services. A statewide total of 2,747 children were referred for services by their judge or court worker. The average expenditure per child was $84.22. During FY 1989, a total of $231,353 was spent: 53% of total expenditures were for symbolic restitution and community service jobs; 26.9% for counseling and diagnostic testing; 18.4% for tutorial sessions; and 1.4% for temporary housing, and transportation.
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 local efforts provide opportunities for children to make constructive changes and remain in their communities.
During fiscal year 1989, the Georgia Juvenile Justice Information System expanded from 15 to 19 counties by adding Dougherty, Gwinnett, Rockdale, and Ware counties to those already using automated docketing systems. This communication link between the council and county juvenile courts enables counties to retrieve information from the statewide database, facilitates the exchange of court records, and provides prior juvenile history information to the state's juvenile courts.

32

FY 1989

Three meetings were held during the year to provide technical support for all counties using the system. Project staff compiled an operations manual and wrote job descriptions for county positions associated with the information system.
During the year, the Permanent Homes for Children in Georgia program added seven counties, bringing the total number of participating counties to 29 and the number of volunteers who serve on foster care citizen review panels to 450. Review panels analyzed 2,215 cases and spent 9,000 hours making recommendations to juvenile court judges for the temporary placement of children in foster care.
During the 1989 legislative session, the Permanent Homes project was commended with resolutions both by the Georgia Senate and the House of Representatives. The program also was recognized by the National Council of Juvenile and Family Court Judges as the Outstanding Volunteer Program in the Juvenile Courts of America, receiving a citation at the National Council's annual meeting in July 1989.
In October 1988, the council sponsored the Fourth Georgia Conference on Permanency Planning, "In the Best Interests of the Child." Held in Atlanta, the conference offered training in foster care review for the 260 judges, citizen volunteers, and professional caseworkers who attended. Participants attended workshops and heard lectures about the world of an abused child.
The council and the Division of Youth Services jointly administer the Georgia Juvenile Justice Personnel Development Project. The project's goals are to provide quality uniform training to community-based direct service providers and to promote better working relationships between community-based employees of independent juvenile courts and

employees of the Division of Youth Services. Each year, the project receives $45,000 in federal funds from the Juvenile Justice Coordinating Council. Thirty-one workshops were held during FY'89, and topics included: time and caseload management, intake and probation standards, reality therapy, and the changing role of the American family. More than 6,544 training hours were provided for 209 employees of independent juvenile courts and for 435 employees of the Division of Youth Services.
Legislation affecting the juvenile courts that passed during the 1989 session of the General Assembly included: an act making the jailing of juvenile delinquents unlawful; guidelines governing the pretrial detention of juvenile offenders; and a provision requiring the district attorney's office to prosecute all delinquency cases upon request of the judge.
Council of
Magistrate Court
Judges
The Council of Magistrate Court Judges was statutorily created in 1988 to carry out responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist magistrates throughout the state in the execution of their duties and to promote and assist in their training. The council is composed of all chief magistrates and magistrates and is authorized to develop a constitution and by-laws. The council's executive committee, comprised of seven officers and two representatives from each of the ten judicial administrative districts, carries out the administrative duties of the council.

The council met three times in FY 1989. Each meeting consisted of a business session and a training program on a planned topic of interest. During the 1989 General Assembly, the council's legislative agenda included salary and retirement issues.
The council published the first edititon of the Georgia Magistrate Court Benchbook and supplemented it with an update late in the year. This book was distributed to each magistrate in office and to those who attended the 40-hour training course as new judges. The Georgia Magistrate Courts Training Council provided three hours of instruction concerning utilization of this benchbook.
Council of
Probate Court
Judges
T he Council of Probate Court Judges was created by statute in 1988 to further the improvement of the probate courts and the administration of justice. Composed of judges and judges emeriti of the probate courts, the council has developed uniform rules, uniform forms, and a benchbook. The council met four times during FY 1989, three times with the County Officers' Association of Georgia, and once in Athens for training and the annual election of officers. During the year, the primary objective of the council was to contract with a sitting judge to produce the Handbook for Probate Judges. Due to an Attorney General's opinion on the issue, the council sought legislation to allow the contract to be executed by the council. This legislation was adopted and the contract was awarded.

33

16th Annual Report

Council of State Court Judges
0 riginally a section of the Trial Judges and Solicitors Association, the Council of State Court Judges established its separate identity in 1985. A 1988 statute officially created the council to further the improvement of the state courts, the quality and expertise of the judges, and the administration of justice. In addition to the two general meetings held during 1989, the council has an active committee system to address issues such as racial and gender bias, mandatory judicial education, uniform rules, and criminal sanctions and facilities.
Council of Superior Court
Judges
T he Council of Superior Court Judges is composed of all superior court judges (137) and senior (retired) superior court judges (44). 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. The council created two new committees during FY 1989. The Committee on Gender Bias and the Committee on Racial Bias began planning activities for upcoming years. Both made commitments to follow the precept stated by the Supreme Court's Commission on

Gender Bias in the Judicial System, operate;

that "Courts should provide due

3) to provide local programs

process and equal protection of law and attorneys who represent

to all who come before them, as

indigents with technical and

guaranteed by the federal and state research assistance, clinical and

constitutions. Equality and

training programs, and other

fairness demand equal justice."

administrative services; and

The council supported funding

4) to prepare budget reports

of the Georgia Indigent Defense

and management information

Act during debates before the

required for implementation of the

General Assembly and followed

Georgia Indigent Defense Act.

with interest the funding of new prisons and funding for altenatives to prison sentences. New child support guidelines, as approved by the legislature, were also of interest to the council.

In FY 1989, the IDC began formulating guidelines which outlined procedures for providing uniform operation of local indigent defense programs, to be submitted for subsequent approval by the

In FY 1989, the council

Georgia Supreme Court.

membership continued to actively participate in improving the administration of the courts through attendance at continuing judicial education seminars. The fall 1988 seminar was attended by 119 superior and senior superior court judges; 137 judges participated in the summer 1989 seminar.

The council received a $1 million appropriation for the 1990 fiscal year from the 1989 General Assembly. These funds were to be distributed to participating counties according to a formula that considers three equally weighted factors: county population, indigent defense caseload,

and indigent defense expenditures.

In FY 1989, the council chose a staff

Georgia Indigent director and planned for its annual program.

Defense Council The IDC works closely with county-level governing committees

on the development and operation

of local indigent defense programs.

T he Georgia Indigent

The council also consults with the

Defense Council (IDC) was State Bar of Georgia, the Council of

created by an act of the state

Superior Court Judges, the County

legislature in 1979 to provide a

Commissioners Association,

program of legal representation for district court administrators, and

indigent defendants. The council is the criminal defense bar in

composed of 13 persons appointed planning its agenda.

by the Supreme Court ... one lawyer

from each of the ten judicial

administrative districts in Georgia

and three non-lawyers from the

state at large.

The council's four statutory

purposes and duties are:

1) to administer funds provided

by the state and federal govern-

ments to support local indigent

defense programs;

2) to recommend uniform

guidelines within which local

indigent defense programs will

34

FY 1989

Georgia
Magistrate
Courts Training
Council
(Annual Report for calendar year 1989, as required by OCGA 15-10134.)
T he 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 are members of the State Bar of Georgia) must fulfill an annual 20-hour training requirement. In association with the council, the Institute of Continuing Judicial Education (ICJE) sponsored two 40-hour seminars and seven 20hour regional training sessions for magistrates during the 1989 calendar year (see table at right). A total of 436 magistrate court judges were certified in CY 1989. It was the first year in which all who needed certification had been able to attend training, due primarily to the availability of the second 40-hour training course in September. This was also the first year that the council did not require completion of an examina-

tion to achieve certified status. Instead, a pretest was administered to help participants identify topical areas that needed attention. It was decided that no test would be required at the CY 1990 training sessions and that the time previously devoted to testing would be made available for additional instruction. Once again, the training instructors were required to attend an intensive 20hour course designed to help them in determining their most effective methods of presentation.
Each participant was charged tuition of $125. Magistrates attending the 40-hour program took part in a variety of training modules, including instruction in legal research, reviewing the new benchbook, judicial discipline, civil claims, judicial ethics, torts and proof of damages, bookkeeping, contracts, landlord and tenant cases, garnishments and attachments, personalty actions, contempt of court, local ordinance

adjudication, criminal law, search warrants, bail, pretrial release and preliminary hearings, family violence, bad check recovery, and arrest warrants. Twenty-hour participants received instruction on judicial ethics and discipline, civil issues, evidence, criminal issues, landlord and tenant issues, and benchbook usage.
For the first time, training was provided to clerks of magistrate courts with two programs shown at various sites around the state. The first session was a live satellite transmission to 150 participants who were able to call in questions to a panel of clerks and judges. The second session, transmitted to the regional locations using a videotape of the first session, was attended by 80 persons. The council produced a notebook of handout materials and an instructional videotape, which were given to each of the 159 magistrate courts for use in training new clerks.

Georgia Magistrate Courts Training Council: 1989 Seminars

Date

Location

Hours

Attendees

February 12-17

Athens

40

72

May 3-5

Tifton

20

48

May 23-25

Athens

20

61

June 6-8

Savannah

20

66

June 20-22

Forsyth

20

40

July12-17

Athens

20

34

August 2-4

Savannah

20

54

August 22-24

Dalton

20

34

September 10-15 Athens

40

27

35

16th Annual Report

Institute of
Continuing
Judicial
Education
I n fiscal year 1989, the Institute of Continuing Judicial Education (ICJE) coordinated or sponsored 34 training programs for judges, court officials, and judicial personnel. Exceeding 2,000 attendees for the second year in a row, Georgia's ICJE is one of the top state and national continuing judicial education providers in the country. The state ranked tenth in the nation among state-based continuing judicial education programs in fiscal support committed for this purpose. As an administrative arm of the Supreme Court, the Institute has retained sole responsibility for the training of all judicial 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 instruction each year, with at least two hours devoted to 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 Rules for the State Courts mandates that state court judges attend continuing legal and/ or judicial education courses totaling 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 initial 40-hour training requirement (attorney magistrates are exempt) and attend an annual 20-hour recertification course. Superior court clerks are also required to complete 40 hours in basic certification and 15 hours in recertification training courses.
During FY 1989, ICJE offered its traditional calendar of annual and semiannual training events, including programs for workers' compensation judges and administrative law judges of executive branch agencies, which were first conducted in FY'88. The biannual topical specialty course was replaced with preservice orientation courses for newly elected superior, state, and probate court judges. (The table on page 37 lists the Institute's FY 1989 statebased activities, identifying the constituent group served, the course site, the date, and the number of attendees for each program.)
In March 1989, the Institute introduced continuing education to magistrate court clerks when it conducted its second intrastate satellite teleconference. Training materials and a videotape were produced and distributed to each magistrate court to be used for new clerk orientation.
ICJE also created a videotape examining judicial ethics and discipline, which featured a discussion of practices and rules among three members of the Judicial Qualifications Commission.
Other program highlights included teacher training courses for faculty who serve probate court judges, juvenile court judges, and superior court clerks. A new course, developed and tested with support from a State Justice Institute grant, focused on trial court writing. Upon completion of this project, a tested and revised

curriculum was distributed to every judicial education program in the country.
Faculty of Georgia's accredited law schools (Emory, Georgia State, Mercer, and the University of Georgia) donated valuable instruction time to ICJE programs. However, superior court judges continued to perform the bulk of instructional duties throughout the year, as they guided the instruction of mandatory evidence courses for magistrates and served as instructors for workers' compensation judges and administrative law judges.
The Institute sponsored persons attending out-of-state training programs held by nationally recognized judicial education agencies. Thirty-five of 44 applicants were granted some financial aid (usually 80% of costs) to attend nationally-based training in FY 1989. Approval was granted for training at the National Judicial College, the Institute for Court Management, the American Academy of Judicial Education, and for programs sponsored by the National Council for Family and Juvenile Court Judges. Institute funds supported the out-of-state training of fifteen superior court judges, three state court judges, four juvenile court judges and referees, three court administrative personnel, one deputy clerk, five probation personnel, and two others.
In FY 1989, the state legislature appropriated $570,368 to ICJE, a 20% increase over FY 1988 funding. The budget included these allotments: $20,000 to superior court judges for nationally-based education; $124,862 to the Magistrate Courts Training Council for administration and for training magistrate court judges and clerks; and $425,506 for administration and continuing operations of ICJE, including a new conference facilitator position. ICJE was able to reimburse mileage expenses for

36

FY 1989

about half of its program participants.
Executive Director Richard Reaves was honored for his service and leadership as president of the National Association of State Judicial Educators from 1986 to 1988.
Members of the ICJE board of trustees primarily represent client groups of state courts and judicial organizations. The board includes one Court of Appeals judge; two members of the Council of Superior Court Judges; one member from 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 chairpersons of the Institute's board of trustees and the board of trustees of the Institute of Continuing Legal Education, and the 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.

Institute of Continuing Judicial Education FY 1989 State-based Instructional Activities

Program

Location

Date

Attendees

20-Hour Recertification Course for Magistrate Court Judges

Athens

20-Hour Recertification Course for Magistrate Court Judges

Marietta

Superior Court Judges Summer Seminar

St. Simons Island

20-Hour Recertification Course for Magistrate Court Judges

Savannah

Trial Supervision by Lawyer Magistrates

Athens

40-Hour Basic Course for Magistrate Court Judges (Civil)

Athens

Juvenile Court Judges Fall Seminar Thomasville

Fall Seminar for Administrative Law Judges

Athens

Juvenile Court Probation Officers Fall Seminar

Columbus

Faculty Development Seminar

Athens

Superior Court Judges Fall Seminar Athens

State Court Judges Fall Seminar

Pine Mountain

Superior Court Clerks Fall Seminar

Savannah

Probate Court Judges Fall Seminar Savannah

New Judges Orientation

Athens

County Officers Association Training for Probate Court Judges and Superior Court Clerks

Atlanta

40-Hour Basic Course for

Athens

Magistrate Court Judges (Criminal)

Magistrate Court Clerks Seminar (satellite teleconference)

Athens, nine additional sites

Judicial Secretaries Seminar

Savannah

Workers' Compensation Judges Spring Seminar

Athens

Faculty Development Seminar

Athens

Superior Court Clerks Spring Seminar Cordele

Probate Court Judges Spring Seminar Athens

Corrections Facilities Tour

Macon

Juvenile Court Judges Spring Seminar St. Simons

20-Hour Recertification Course

Tifton

for Magistrate Court Judges

State Court Judges Spring Seminar Juvenile Court Probation Officers

St. Simons Jekyll Island

Spring Seminar

20-Hour Recertification Course for Magistrate Court Judges

Athens

Juvenile Court Clerks Seminar

Macon

County Officers Association Training for Probate Court Judges and Superior Court Clerks

Jekyll Island

20-Hour Recertification Course for Magistrate Court Judges

Savannah

20-Hour Recertification Course for Magistrate Court Judges

Forsyth

Judicial Writing Workshops

Various sites

July 6-8, 1988

52

July 20-22, 1988

47

July 24-27, 1988

80

August 3-5, 1988

46

August 21-26, 1988 23

Sept. 7-9,1988

30

Sept. 28-30, 1988

57

October 3-5, 1988

52

October 5-7, 1988

72

October 23-25, 1988 7

October 26-28, 1988 119

Nov.30-Dec.2, 1988 55

Nov.16-18, 1988

120

Nov. 16-18, 1988

90

Dec. 7-9, 1988

45

January, 1989

72

Feb.15-17, 1989

72

March 30 & 31, 1989 228

March 8-10, 1989

117

March 20-22, 1989 24

March 20-22, 1989

18

April12-14, 1989

163

April19-21, 1989

139

April26-28, 1989

10

May 1-3, 1989

74

May 3-5, 1989

48

May8-10, 1989

61

May10-12, 1989

133

May 17-19,1989

61

May 22-23, 1989

66

June, 1989

72

June 7-9, 1989

66

June 21-23, 1989

40

Various dates

12

37

16th Annual Report

Judicial
Administrative
Districts
T he Judicial Administration Act of 1976 established ten judicial administrative districts in Georgia and created district councils, composed of all superior and senior superior court judges within the respective districts. These ten regional councils elect administrative judges who serve on the Council of Administrative Judges, which was 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 1989. The collection and evaluation of data relevant to the operation and management of the superior courts were continued. Detailed lists of open cases were prepared for the superior court judges in each of Georgia's 159 counties. Support was provided for the administrative judges by the authorization and assignment of judges within the districts, and judges were secured from inside individual districts to serve elsewhere at the request of other administrative judges and the Governor. The district court administrators functioned as the liaison between the superior courts and local governmental officials, court personnel, various components of the criminal justice system, interested citizens, and others on the local, state, and regional level. The district administrators 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 during the fiscal year. Additionally, personnel policies and procedures for local court systems were developed, and the district court administrators screened and interviewed applicants for trial court administrator, law clerk, court reporter, and other court support positions.
District staff served as the local resource for information on educational programs and activities for superior court judges and other judicial support personnel. Orientation sessions for jury commissioners and seminars for courtroom bailiffs were conducted on a local basis. District court administrators provided assistance in several statewide training programs for judicial personnel.
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 for the revising of county jury boxes.
As specified by the Uniform Rules for 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. These efforts 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 advised local courts on records management issues, assisted in the development of records retention schedules, 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. District personnel were involved in efforts to establish a statewide computer network for the clerks of superior court.
The administrative judges authorized assistance to individual circuits, bar associations, and governmental units in the establishment, funding, and management of local indigent defense programs. Several district court administrators served on county and circuit tripartite committees within their districts, and district personnel provided administrative support to other programs.
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. District staff consulted with local trial courts about space and facilities management, including their serving as liaison for architects and contractors during the construction and renovation of courthouses.
District court administrators assisted in the development of projects on arbitration, mediation, video arraignment, court delay reduction, and alternative sentencing. District court personnel aided superior court judges in dealing with local jail overcrowding problems. Studies of court systems and evaluations of court programs were conducted upon the request of local officials. Public policy concerns about using DNA "typing" in the courts were also addressed.
At the direction of the administrative judges, the district court administrators were involved in staff support of special projects and committees of the Council of

38

FY 1989

Superior Court Judges, the Judicial Council of Georgia, the Criminal Justice Coordinating Council, and other court related groups. District court administrators serve on the Criminal Justice Coordinating Council, the Judicial Council's Jury Standards Committee, and other local, state, and national organizations concerned with judicial administration.
Judicial
Nominating
Commission
T he Judicial Nominating Commission assists the governor in appointing 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 prerequisites 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 specific courts on pages 1-26, for more detail). The commission begins the selection process by seeking nominations from local individuals and leaders among the civic and legal communities. The commis-

sion members evaluate candidates based on a questionnaire concerning their qualifications and a legal article or brief that each candidate has written. The nominees are then investigated through interviews with attorneys familiar with them and by personally interviewing the candidates themselves.
The nominating body held five meetings in FY 1989 to consider candidates for eight judicial offices, including two new superior court judgeships, five superior court vacancies, and one state court vacancy. Since 1973, the commission has acted on a total of 175 judgeships, including:
10 Supreme Court vacancies 12 Court of Appeals vacancies 106 superior court offices 43 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 are 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
T he 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 commission may make an initial inquiry and may authorize a preliminary investigation of the

39

16th Annual Report

Synopses of FY 1989 JQC Opinions

Opinion 124: After a judge or a candidate has made the decision to run for election or re-election he is "a candidate for election or re-election" within the meaning of subsection A(2) of Canon 7 and if he is acting on his own behalf pursuant to this purpose, he may attend a fund raising for a partisan nonjudicial candidate or an "appreciation dinner" for a friend who is retiring from the General Assembly, provided he complies with the restrictions imposed by Opinion 83.
Opinion 125: It would not be appropriate for a judge to participate in a "board of ethics" with the duty of hearing complaints of violations of an ethics code and making investigations and recommendations with respect to matters which may ultimately come before them.
Opinion 126:There is no legal or ethical problem with the appointment of an attorney who holds and retains a state bar office, such as president or secretary, to a judicial position, such as state or superior court judge.
Opinion 127: An associate magistrate is not disqualified to represent a client as his attorney because the opposite party has filed numerous civil actions in the magistrate court where the associate magistrate is a presiding judge.
Opinion 128: A judge is not automatically required to disqualify in a case because his spouse is employed as a secretary by a firm which represents one of the parties in the case but, if the circumstances are such that his impartiality "might reasonably be questioned," he should disqualify.
Opinion 129: A judge should not serve as a member of a county executive committee of the Democratic Party for the reason that as such he would be both a leader and an office holder in a political organization in violation of Canon 7A(1 ).

Opinion 130: If the terms are reasonable and fair, a newly appointed judge, who upon withdrawing from his former firm has arranged for them to pay him certain guaranteed payments plus a percentage of fees generated in certain contingent cases would not be required to disqualify but, if the judge entertains doubt as to his impartiality, or, if under the circumstances his impartiality might be reasonably questioned by others, it would be his duty to recuse himself. In any event, as long as the debt remained outstanding, the judge should make full disclosure.
Opinion 131: It is not inappropriate for candidates to state their political party affiliation and offices they have held in partisan organizations in either partisan or nonpartisan elections. The candidates may also attend partisan political functions and seek the support/endorsement of these organizations but they may not, in either partisan or nonpartisan elections, represent that they are qualified, or better qualified, because of their political party affiliations.
Opinion 132: It is not inappropriate for a convicted drunk driver to be required to meet for stated periods with a panel of victims of drunk drivers, provided such appearances are properly supervised, nor is it inappropriate for the judge to establish and administer such a panel, provided that so doing does not interfere with the proper performance of his/her judicial duties.
Opinion 133: After a judge has been listed along with other council leaders in a letter in which numerous people were invited to attend a breakfast meeting, the purpose of which was to solicit contributions to the Boy Scouts which followed closely on a request tor assistance by way of time and money in meeting a goal to raise $5 million. It was not appropriate for a judge to continue to serve as chairman of the district council.

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 1989, the commission resolved 132 complaints and requests for opinions of the 156 new matters filed and 16 pending from FY 1988. At the end of the

year, 40 issues remained pending.
One hundred seventeen complaints were disposed for the following reasons: (a) dismissed as frivolous, unfounded, unsupported, or appropriate for appeal (107); (b) judge privately reprimanded (6); (c) judge defeated after complaint filed or term expired (2); (d) judge suspended (1); (e) judge publicly reprimanded (1).
The commission held hearings on formal proceedings against three judges. One was suspended without pay for 30 days. A public reprimand, accepted by the Supreme Court, was recommended for another judge who violated the Uniform Rules for the Superior Courts and Canon 2A. The third judge filed the statutory bond required by law and the complaint was not further pursued. Six judges were privately reprimanded for violation of the canons.
The known sources of FY 1989 complaints included 105 litigants or their relations, 9 judges, 8 non-

litigants, 6 attorneys, 5 anonymous individuals, 2 public officials or officers, and 2 others.
The commission received 16 requests for advisory rulings during the year. Ten formal opinions and 2 informal opinions were rendered, while 4 applications for opinions were denied.
The seven-member commission operates under procedural rules revised as of May 1, 1985. All proceedings of the commission are confidential, with the exception of notice of a formal hearing, formal hearings, reports recommending discipline, and decisions after a hearing in which 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.

40

FY 1989

Superior Courts Sentence Review Panel

Superior Courts Sentence Review Panel Caseload Summary
FY 1989 Caseload

G eorgia's Superior Courts Sentence Review Panel has operated since 1974 to review defendants' sentences to assure they are not excessive in relation to other sentences for similar crimes. 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, 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 to reduce a sentence is not reviewable. Panel orders relating to an application

Cases

Affirmed

Panel 57 614

Panel 58 385 Panel 59 293

Panel60 597

Total

1,889

Cases Reduced
22 14 15 23
74

Cases Percent Reviewed Reduced

636

3.46%

399

3.51%

308

4.87%

620

3.71%

1,963

3.77%

10-year Comparison of Cases Reviewed

FY 1980 FY 1981 FY 1982 FY 1983 FY 1984 FY 1985 FY 1986 FY 1987 FY 1988 FY 1989

Cases Affirmed
1,228 1,542 1,846 2,359 2,335 2,137 1,769 2,485 2,273 1,889

Cases Reduced
90 145 136 88 119 100
67 63 87 74

Percent Reduced
6.83 8.60 6.86 3.60 4.85 4.47 3.65 2.47 3.69 3.77

are binding on the defendant and the superior court which imposed the sentence.
The panel affirmed 1,889 cases and reduced 74 cases in FY 1989, for a total caseload of 1,963. The reduction rate for the year was 3.77 percent.
In the last quarter of FY 1989, the cumulative reduction rate decreased further to 5.04 percent (for all 25,209 cases considered by all panels), down from 5.15 percent at the end of fiscal year 1988. Listed above is a summary of the panel's caseload for FY 1989 along with a ten-year comparison of cases reviewed by the panel.
The Sentence Review Panel meets in two concurrent panels,

each composed of three superior court judges. Panel members are appointed and chairpersons are designated by the president of the Council of Superior Court Judges to serve three-month terms. A supernumerary member is also appointed for each term and is authorized to substitute for any member who cannot attend a meeting or who is disqualified.
An administrative board of three judges maintains continuity between the various panels. The board prepares an annual budget, considers revisions to the panel's procedural rules, and supervises the activities of the clerk and support staff.

41

16th Annual Report

Judicial
Personnel
Changes: FY 1989
Appointments
Superior Courts
Alcovy Judicial Circuit Marvin W. Sorrells for term 911188
to 111189. Appalachian Judicial Circuit
Elizabeth R. Glazebrook for term 711188 to 111191. Rome Judicial Circuit
Walter J. Matthews for term 8125188 to 111191. Stone Mountain Judicial Circuit
Robert P. Mallis for term 711188 to 111191. Tallapoosa Judicial Circuit
F. Marion Cummings for term 11122188 to 111191.
State Courts
Clayton County John C. Carbo, III for term 711188
to 12131190. Fulton County
Melvin K. Westmoreland for term 9120189 to 111189.
Juvenile Courts
Chattooga County Wm. Jerry Westbrook for term
1/1/89 to 111193. Colquitt County
William C. Peters for term 817188 to 816192. Dougherty County
Herbert E. Phipps for term 111189 to 12131 192. Meriwether County
David J. Turner, Jr. for term 1111188 to 10131192. Walton County
George J. Hearn, III for term 10113188 to 10113192.
Chief Magistrates
Charlton County Kile McDowell for term 911188 to
12131188. Dougherty County
T. Lee Bishop, Jr. for term 111189 to 12131 193.

Jefferson County Lanora 0. Hutchinson for term
10131188 to 12131188. Montgomery County
Johnnie C. Thigpen for term 111189 to 111193.
Elections
Superior Courts
Atlanta Judicial Circuit Leah Sears-Collins for term 1I 1I 89
to 111193. Edward H. Johnson for term
111189 to 1/1193. Chattahoochee Judicial Circuit
William J. Smith for term 1/1189 to 111193. Flint Judicial Circuit
E. Byron Smith for term 1I 1I 89 to
111/93. Rome Judicial Circuit
F. Larry Salmon for term 1I 1I 89 to 111193.
State Courts
Chattooga County Carlton H. Vines for term 111189
to 111193. Colquitt County
Frank D. Horkan for term 111189 to 1/1193. Coweta County
Guerry R. Thornton for term 111189 to 111193. Elbert County
Robert A. Johnson for term 111189 to 111193. Fulton County
Dorothy J. Vaughn for term 111189 to 111193. Jackson County
David Motes for term 111189 to 111193. Spalding County
Timothy C. Cramer for term 111189 to 111193.
Probate Court
Baker County Virginia Collins for term 111189 to
1/1193. Bartow County
Mitchell Scoggins for term 1I 1I 89 to 111193. Bibb County
William J. Self, II for term 4112189 to 1/1193.

Butts County Vicki W. Johnston for term 111189
to 111193. Carroll County
Wilma Jo Wilson for term 111189 to 111193. Dougherty County
Joe S. Champion for term 111189 to 111/93. Douglas County
James T. Baker for term 111189 to 111193. Houston County
Frances Annis for term 1I 1I 89 to 111193. Lanier County
Judy B. Mullis for term 111189 to 111193. Macon County
MackS. McCarty for term 111189 to 1/1193. McDuffie County
Albert E. Wells for term 1I 1I 89 to
111193. Oconee County *
David Anglin for term 111189 to 111193. Sumter County
Florence Heath for term 111189 to 111193. Taliaferro County*
Lois A. Richards for term 111189 to 111193. Washington County
Rachel T. Lord for term 111189 to 111193. Wheeler County *
Mackie Simpson for term 111189 to 111193. Wilcox County
Betty J. Anderson for term 111189 to 111/93. Wilkes County
Jim Burton for term 111/89 to 111193.
Chief Magistrates
Bacon County Diane Carter for term 1I 1I 89 to
111/93. Banks County
Henry D. Banks for term 111189 to 111193. Barrow County
Terri Russell for term 111189 to 111193. Bartow County
Harry F. Brown for term 111189 to 111193.
* Also serves as chief magistrate.

42

FY 1989

Catoosa County David L. Carlock for term 1/1189 to
111193. Clarke County
John M. Coleman for term 111/89 to 111193. Clay County
Judy Cooper for term 111/89 to 111193. Clinch County
Annie Ruth Steedley for term 1/1189 to 111193. Columbia County
David L Huguenin for term 111/89 to 111193. Coweta County
Francis K. Reno for term 111189 to 1/1193. Dodge County
Charles E. Nelson for term 111189 to 111/93. Fannin County
Ronald L. Newton for term 111189 to 111193. Gilmer County
Cheryl Barclay for term 1/1189 to 111193. Gordon County
Max Fuller for term 1I 1I 89 to 1/1193.
Haralson County Mark Murphy for term 111189 to
111193. Heard County
Kathy C. Knowles for term 111189 to 111193. Irwin County
Paula Daniels for term 111189 to 111193. Jefferson County
Murry Bowman for term 4i12l89 to 12131193. Lanier County
Georgia M. Williams for term 1I 1I 89 to 111193.
Liberty County
Melinda Anderson for term 1I 1I 89 to 111193.
Macon County Linda S. Rodgers for term 111189
to 1/1193. Murray County
Steve Hampton for term 111189 to 111193. Muscogee County
Haywood Turner, III for term 111189 to 111193. Stephens County
Dale Smith for term 1I 1I 89 to 111193.

Stewart County
William M. Green for term 1I 1I 89 to 111/93.
Sumter County J. W. Southwell for term 111189 to
111193. Tattnall County
Susie W. Rowland for term 1I 1I 89 to 111193.
Taylor County Ronnie A. Parker for term 111189
to 111193. Twiggs County
Richard A. Carter for term 111189 to 111/93. Webster County
Lorraine Ellington for term 1I 1I 89 to 111193.

Judicial Elections and Appointments (July 1, 1988 to June 30, 1989)

Court

Total number judgeships a

Supreme Court

7

Court of Appeals

9

Superior Courts

143 b

State Courts

84

(Full and part-time)

Juvenile Courts

51

(Full and part-time)

Probate Courts

159

Magistrate Courts

159

(Chief Magistrates)

Method of Selection

New

Elected Appointed judgeship

-

-

-

-

-

-

5

5

6c

7

2

1

Total judges beginning first terms
16 10

-

5

-

5

18

-

-

18

33

4

-

37

aAs of June 30, 1989. b Although 143 superior court judgeships had been allocated by the end of the year, only 137 had been filled. c Appointments for these new judgeships were suspended pending the outcome of a voting rights lawsuit filed in July 1989.

43