Annual report on the work of the Georgia Courts, 1995

1995 ANNUAL REPORT
July 1, 1994 - June 30, 1995

Judicial Branch in Review Message from the Chief Justice Fiscal Year 1995 Highlights .... Appropriations HHH HH.H .

H.. HHH H H.H

.... 3
.8 .H.H 10

The Courts

Supreme Court . . . . . H . . .H.HH....

.

Court of Appeals

HH .. HH...... HH................... .

Superior Courts

State Courts

..H......... ..

Juvenile Courts

... H.H

Probate Courts.

. H.............

.

Magistrate Courts

H.HH

Other Courts HHH. ...............................HH HH

H.H.

HH.. 14

16

18

.... 22

25

H

29

35

. H.. 39

Judicial Agencies

Judicial Council of Ceorgia . HH.. .

H

H 40

Administrative Office of the Courts H....

.

H.HH

41

Board of Court Reporting H..

HH.. H.H........

. 47

Council of Juvenile Court Judges

H.. HH H H

H H.HH.. 48

Council of Magistrate Court Judges .H.... HH

H.HH.............

H 50

Council of Probate Court Judges H

.. H.H .. 50

Council of State Court Judges

H.H

H. H..............HHH. 51

Council of Superior Court Clerks ...H.....

.

51

Council of Superior Court Judges

HHH .. H..

52

Georgia Commission on Dispute Resolution

HHH.H............ .. 53

Georgia Courts Automation Commission.

. H.....

54

Georgia Indigent Defense Council .

.

HH.

.56

Georgia Magistrate Courts Training Council

H.

. H57

Georgia Municipal Courts Training Council

HH.HH.HH........ . HH 59

Georgia State-Federal Judicial Council

HHH...... HHH.......

H60

Institute of Continuing Judicial Education

H

60

Judicial Administrative Districts.

..H

63

Judicial Nominating Commission HH HH...................

HH

64

Judicial Qualifications Commission..

H.H ..... HHH

.. 64

Supreme Court Commission on Racial and Ethnic Bias H...................... H 67

Judicial Personnel Changes........H.H H.H H HH

68

Published by the Judicial Council of Georgia and the 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.
Judicial Council of Georgia. Administrative Office of the Courts 244 Washington Street, SW, Suite 550
Atlanta, Georgia 30334-5900. (404) 656-5171
Director, Robert L. Doss Ir. Senior Communications Officer, Billie Bolton. Editor, Nancy Kahnt
o Printed on recycled paper.

- - - - - - - - Judicial Council of Georgia - - - - - - - June 1995

Chief Justice Robert Benham Chair Supreme Court Atlanta
Presiding Justice Norman S. Fletcher Vice Chair Supreme Court Atlanta
Judge Gary B. Andrews Court of Appeals Atlanta
Chief Judge Dorothy T. Beasley Court of Appeals Atlanta
Judge Joe C. Bishop Second District Administrative Judge Dawson
Judge David L. Cavender First District Administrative Judge Hinesville
Judge Philip F. Etheridge President Council of Superior Court Judges Atlanta
Judge Hilton Fuller Fourth District Administrative Judge Decatur
Judge Richard S. Gault Ninth District Administrative Judge Cumming
Judge Kathlene F. Gosselin President-elect Council of State Court Judges Gainesville
Judge William F. Grant Tenth District Administrative Judge Elberton
Judge George 1. Hearn III
President-elect Council of Juvenile Court Judges Monroe
Judge Isaac Jenrette Fifth District Administrative Judge Atlanta

Judge N. Kent Lawrence President Council of State Court Judges Athens
Judge William F. Lee Jr. Sixth District Administrative Judge Griffin
Judge Walter J. Matthews Seventh District Administrative Judge Rome
Judge H. Arthur McLane President-elect Council of Superior Court Judges Valdosta
Judge LaVerne C. Ogletree President Council of Probate Court Judges Greensboro
Judge Dan F. Pierce President-elect Council of Magistrate Court Judges Monroe
Judge Floyd E. Propst First Vice President Council of Probate Court Judges Atlanta
Judge Wayne M. Purdom President Council of Magistrate Court Judges Decatur
Judge Ronald H. Rentz President Council of Juvenile Court Judges Colquitt
Judge William M. Towson Eighth District Administrative Judge Dublin
Judge E. Mullins Whisnant Third District Administrative Judge Columbus

2

JUDKCKAJL BRANCJH KN REVKEW

-------- Message from the Chief Justice --------

Ceremonies on June 29, 1995, installed Justice Robert Benham as Georgia's 26th chiefjustice. He is the first African American to head the Supreme Court. ChiefJustice Benham made his first State of the [udiciary Address to the Georgia General Assembly on January 11, 1996. His remarks follow.

To Lieutenant Governor Howard, Speaker of the House Murphy, officers and

members of the House and the Senate, my colleagues on the Supreme Court, Chief

Judge Beasley and my colleagues on the Court of Appeals, members of the judiciary,

department heads, visitors and friends, it is indeed a pleasure and a privilege to

deliver the State of the Judiciary Address on behalf of the judicial branch of

government.

My presence today makes a dozen times that I have attended a State. of the

Judiciary Address, but it marks the first time I have had the pleasure of delivering

the address. As Chief Justice of the Georgia Supreme Court, I would like to thank

you for inviting members of the judiciary to appear before a joint session of the

House and Senate to inform you as to the state of the judicial branch. I would also

like to thank you for extending the invitation to me to deliver the address in 1996,

for this year represents an historic occasion for the court and for my family. The

Supreme Court of Georgia met in my home of Bartow County in 1846 and this year

it is celebrating the court's 150th birthday. The Court will celebrate its birthday

with various activities during the month of April. The celebration

marks the completion of 150 years of the administration of justice

and the beginning of many more years of administering justice.

During this sesquicentennial year, this court will hold its proceedings

outside of Atlanta, in Louisville, Georgia, where that court will be

celebrating its bicentennial. We will continue our tradition of holding

court from time to time outside Atlanta and bringing the court to the

people as we have done in Talbotton, Savannah, Athens, Cassville,

New Echota and Tifton.

This year also represents my family's 150th anniversary as

residents of Georgia; therefore, it is indeed an honor to celebrate the

court's sesquicentennial along with my family's sesquicentennial.

We hope that you will join with us later this year during the

celebratory activities.

For the 12 years that I have served on the appellate courts, the

chief justice has delivered the State of the Judiciary Address, out-

lining the accomplishments of the judiciary and pointing out the

needs of the various courts. This year will be no exception. To put

things in perspective, a short two years ago, then Chief Justice Harold

ChiefJustice Robert Benham

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Clarke thanked you for the pay raise for judges in his address and pointed out the need for adequate funding for the courts. Last year Chief Justice Willis Hunt, in addition to giving you an update on the judicial branch and some vision of the court's future, asked you to fund additional judges for the superior courts of this state. Where possible you have fulfilled our budgetary requests and you have set in motion steps for the funding of additional judges. In the last year alone, 24 superior court judgeships have been authorized and filled, thereby allowing some relief to our overburdened trial courts. We deeply appreciate your attention to our needs.
Judicial branch in review To give you some glimpse of the heavy caseloads our various courts handle, in
1994, the last year for which statistics are available, over 310,000 cases were filed in the various superior courts, nearly 700,000 cases were filed in state courts, almost 120,000 cases were filed in juvenile court, nearly 236,000 filed in probate court, and approximately 802,000 cases filed in magistrate courts. That year 3,911 cases were filed in the Court of Appeals, and 1,961 cases were docketed in the Supreme Court. While the figures pertaining to the lower courts include civil and criminal cases, they do not include cases disposed of in the various recorders courts and traffic courts throughout the state. As you can see from these figures, a tremendous amount of litigation takes place in the courts of this state. Therefore, it is imperative that we attract and retain highly qualified individuals to serve as judges on the various courts throughout the state. We have some of the best and brightest judges in this country and we must maintain a high level of competence by providing adequate compensation and also excellent legal training within the state of Georgia.
This session will see several bills introduced concerning the operation of the courts. We feel it would be improper for us to comment on these bills since from time to time some of these matters might come to the courts on a constitutional challenge; however, we do share the concern of the Courts of Appeals as to its tremendous caseload. Having served on that court for almost six years, I am keenly aware of the tremendous burden placed on that court. So I hope you will be able to give the Court of Appeals some assistance in alleviating the heavy burden it already has.
In reviewing the strides of the judicial branch for the past several years, we must begin our focus on the Chief Justice's Commission on Professionalism. Several of my predecessors in office including Chief Justices Hill, Marshall, Clarke, Wehner and Hunt, but especially Chief Justice Clarke, worked to pave the road for the development of the commission which has become a model for commissions throughout the country. The commission strives to assist the State Bar of Georgia's efforts to maintain a professionalism that can stand agains~ the negative trends of commercialization and loss of community. The commission has effectively served thousands of people since its inception.
In reviewing the strides of the judicial branch, we must also focus on the juvenile court system. The juvenile court system has remained committed to the notion of rehabilitation, while maintaining means of punishment that have grown increasingly cross-jurisdictional in scope. On one hand, the juvenile court system has followed current "get tough" policies. On the other hand, the juvenile courts seek to change lives and protect children who need protection. With your continued
4

support, the juvenile court will attain its goal of reaching every child in need. We must remain committed to improve the quality of life for our children, but we must also be committed to keep our streets safe at the same time.
Judicial initiatives In reviewing the achievements of the judicial branch over the past year, I would
like to mention several initiatives the judiciary has undertaken about which we are excited and feel will have a favorable impact on the administration of justice. As judges we are most comfortable dealing with purely legal matters; however, from time to time, we find it necessary to deal with some of the root causes of matters that adversely impact the administration of justice and the quality of life. In addition, many matters that were traditionally addressed by the federal government are now being addressed by the state courts because the federal courts are deferring to the state's decision-making process. Some of the new initiatives are as follows:
Child Placement Proceedings Project. This project assesses court proceedings dealing with abuse, neglect, deprivation and foster care cases so that improvement strategies can be developed.
Family Courts Commission. The State Bar has named a commission to consider family court matters including the potential jurisdiction of family courts over domestic relations cases, child custody and support cases, juvenile cases, criminal cases and other matters. I note that legislation will be introduced during this session to authorize pilot court projects in this area.
Commission on Racial and Ethnic Bias. The commission, which completed its report in September 1995, has now been merged with the commission on gender bias to create the Commission on Equality. We thank you for appropriating the money to conduct the study and we appreciate your continued support of our efforts to make justice both color and gender blind.
Committee on Substance Abuse and the Courts. The committee is comprised of judges, prosecutors, law enforcement officers and treatment specialists. Partly funded by the Criminal Justice Coordinating Council, the work of this committee focuses on case management techniques for drug-related offenses and innovations such as drug courts and alternative sentencing. Currently nine judicial circuits have special programs for drug offenders and 12 other circuits are in the planning stages for their own programs.
Georgia Courts Automation Commission. Presently, the primary focus of this commission is the installation of SUSTAIN software in courts throughout the state, and the coordination of state databases, particularly criminal justice databases. We are making significant strides in this area thanks to the appropriations you provided.
Georgia Office ofDispute Resolution. Beginning in 1993, this court formulated this office to address the need for mediators and arbitrators in offering dispute resolution processes to litigants as an alternative to litigation. By settling disputes prior to or even during the litigation stage, the burden on the judicial system is significantly lessened. The office has served over four million people in 67 counties in Georgia via its programs. We must realize that while the legal forum is available to all citizens it is not a cure-all for all of society's problems. We must continue to
5

encourage citizens to seek solutions to their problems across the dinner table, across the conference table and across the backyard fence before they resort to the courtroom.
As you might expect there are many other projects being undertaken by the courts, including a [legislatively created] Commission on Family Violence to develop a coordinated response and comprehensive plan to address family violence; a Commission on Evaluation of Disciplinary Enforcement to evaluate the system of disciplining lawyers; the Institute of Continuing Judicial Education which plans and coordinates annual training for superior, state, juvenile, probate, magistrate and municipal court judges throughout the state. We also will be receiving a report from the Olympic Planning Committee on recommendations on how to keep our courts operating during the Olympic games this summer.
There are several other ongoing projects which I do not have time to discuss today, but I will be glad to furnish any information you desire concerning these other commissions and committees.
Funding for legal representation I would like to reiterate our appreciation for your attention to our past
budgetary requests. However, while you have been generous with us in the allocation of funds and the provision for new judges, the administration of justice will be adversely impacted by at least two developments at the national level. In the past you have provided one-third of the funding for the activities of our Resource Center which provides representation in habeas corpus matters. Recently, the twothirds funding at the federal level was eliminated; therefore, we are apt to see some uncertainty and confusion in this area of the law in the not too distant future. Also, the federal Legal Services Corporation has provided funding for the representation of individuals who could not afford a lawyer. However, there has been a cutback on funding and case involvement at the national level which impacts at the local level. As a result, some citizens will go without adequate legal representation. Because justice should be available to all citizens, despite their income level, the cutback on funding for the Legal Services Corporation will eradicate justice for many. And justice denied to one citizen is justice denied to society as a whole. Any help you can provide in either or both of these areas will be deeply appreciated.
Looking ahead We must now prepare for the delivery of justice in the 21st century. And if
Georgia is to maintain its position of leadership in the southeast and improve its leadership position throughout the country, we must cross new frontiers in the area of law and technology. Just as the business world must change to meet the new demands in the marketplace, the courts too must change to meet new demands in the legal arena. We must prepare to travel on the information highway and make court decisions available on that highway. While we must make adjustments to the ways in which we do business, we must be cautious in our approach and hold onto traditions that have held us in good stead in the past, and we must thoroughly evaluate new methods before embarking on uncharted courses.
These are very exciting times for the courts and we are blessed to have a
6

tremendous number of able and extremely capable judges throughout this great state. Compared to judges throughout the nation, Georgia's judges are highly educated, motivated and committed to justice for all citizens. They are levelheaded, open-minded, even-handed, sure-footed, and firmly anchored in traditional moral values. They are dedicated to their work, collegial in their dealings with their peers and cordial to those who come before the courts. At the trial court level, institutions are being put in place to assure that all citizens are treated fairly before the law. At the appellate-court level, we are seeking to provide the predictability, certainty and stability that is necessary for the courts to operate in a civilized and progressive society. We realize that the system is not perfect and that from time to time some injustices might occur, but we continue to reevaluate our system to identify its shortcomings and correct any deficiencies before they become systemic in nature. We firmly believe that the courts do not belong to the judges or the lawyers, but that the courts belong to the citizens.
With your help, we will continue to provide a high quality of justice at a reasonable price.
We thank you for this opportunity to report on the state of the judiciary and we look forward to working with you in the coming days, months and years.
......................................
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- - - - - - - - Fiscal Year 1995 Highlights - - - - - - - -
July 1994
Fiscal year begins with judicial branch budget of $68,281,297 in state funds.
August 1994
The State Bar of Georgia Commission on Family Courts holds its first meeting. The commission's goal is to evaluate and improve the delivery of judicial services to families and children in Georgia with respect to family law issues. The commission will review existing family court projects in Georgia and other states.
The Supreme Court establishes the Committee on Substance Abuse and the Courts to serve as the vehicle for follow-up on the recommendations made at the Georgia Conference on Substance Abuse and the Courts.
September 1994
Recognizing his service as first co-chairperson of the Commission on Racial and Ethnic Bias, the Georgia Supreme Court presents U.S. District Court Judge Clarence Cooper with an Amicus Curiae Award. He was succeeded as co-chairperson by Judge John H. Ruffin Jr., Court of Appeals.
The Supreme Court Committee for Gender Equality presents Court of Appeals Judge Edward H. Johnson with a framed certificate commending him for his service as first chairperson of the committee. He was succeeded by Judge Kathlene F. Gosselin, Hall County State Court.
October 1994
The Final Report on the Georgia Conference on Substance Abuse and the Courts becomes available. The report on the 1993 conference includes the following recommendations for a Supreme Court commission to pursue: establish drug courts; seek funding for substance abuse treatment; provide training to judges, district attorneys and the defense bar on substance abuse treatment; coordinate existing resources; create community task forces; eliminate mandatory sentencing; and provide a detention center and diversion center for each circuit.
The Georgia Courts Automation Commission begins implementing the SUSTAIN court case management system in the five counties of the Middle Judicial Circuit.
November 1994
The Supreme Court Committee on Substance Abuse and the Courts holds its first meeting and begins developing strategies to address substance-abuse related issues impacting the judicial system.
December 1994
The Judicial Council makes recommendation for creation of 10 additional 'superior court judgeships to Governor Miller and the General Assembly. The Administrative Office of the Courts presents superior court caseload data for the 46 judicial circuits showing total filings per superior court judge at 1,190 civil cases and 746 criminal cases.
The Commission on Racial and Ethnic Bias completes a judicial attitude survey. Questionnaires were sent to all judges of the superior, state, juvenile and probate courts, chief magistrates and clerks of the superior court. Asked whether they believe racial and ethnic bias exists in the Georgia court system, judges give contrasting responses by the different jurisdictions. While 43 to 51 % superior, state and juvenile court judges believe such bias exists, only 19 to 27% of participating probate and magistrate court judges believe so.
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- - - - - - - - Fiscal Year 1994 Highlights - - - - - - - -
January 1995 Judge Dorothy T. Beasley takes office as the 17th Chief Judge of the Georgia Court of Appeals in ceremonies held on January 5 in the Court of Appeals courtroom. She is the first woman to be elected to serve as chief judge and is the first woman to serve on the Court of Appeals.
Chief Justice Willis B. Hunt Jr. delivers the State of the Judiciary Address to the General Assembly.
He discusses the growing workload of the trial and appellate courts and calls for examination of the system of statewide judicial elections. He concludes with a vision for the future of the court system that calls for changes in the appellate system and consolidation of the trial courts.
February 1995 A three-judge panel in Washington D.C. rules that 62 of Georgia's superior court judgeships, 14 of which are vacant, were added without the purpose or effect of abridging minority voting rights under Section 5 of the Voting Rights Act. This decision allows Governor Miller to appoint 14 superior court judges and clears the way for elections for 48 positions on hold pending resolution of the case. The Georgia Supreme Court establishes the Commission on Evaluation of Disciplinary Enforcement. The commission will evaluate the system oflawyer regulation in Georgia to determine if improvements or changes are necessary. The commission's final report is expected in March 1996.
March 1995 The Commission on Racial and Ethnic Bias completes a survey of 2,000 attorneys, probing attitudes and perceptions on bias in the Georgia courts. The survey reveals differences in the way minority and non-minority attorneys perceive the court system. Ninety-one percent of minority respondents believe that racial and ethnic bias exists in Georgia's court system; 54% of non-minority respondents agreed.
April 1995 Governor Miller signs into law a bill creating new judgeships in 10 judicial circuits, providing much needed relief to the state's superior courts. Initial term of office for these judgeships will be July 1, 1995, to December 31, 1996.
May 1995 The Child Placement Proceedings Project, under the direction of the Georgia Supreme Court, begins assessing child placement functions in the state's courts. Federal funding enables each state to evaluate and assess court actions involving abuse, neglect, deprivation, foster care and adoption cases.
June 1995 Justice Robert Benham takes office as the 26th Chief Justice of the Georgia Supreme Court in ceremonies held on June 29 in the Supreme Court courtroom. He is the first African American to be elected to serve as chief justice and was the first African American to serve on the Supreme Court and the Court of Appeals. Justice Norman Fletcher took office as presiding justice. The Cobb County Superior Court introduces an on-line computer bulletin board allowing citizens to complete the juror information form and request postponements via computer and phone line.
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State Appropriations for the Judicial Branch: Fiscal Years 1994, 1995 and 1996

Budget Unit!Agency Supreme Court

FY 1994 Amended Appropriation
$5,201,909

FY 1995 Amended Appropriation
$5,433,395

Percent Change FY94-95
4.5%

FY 1996 Amended Appropriation
$5,570,675

Percent Change FY 95-96
2.5%

Court of Appeals

5,819,886

6,269,416

7.7%

7,104,204

13.3%

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

47,558,332 44,268,810
126,609 1,164,572 1,840,926
157,415

49,854,885 46,339,363
135,417 1,242,858 1,969,089
168,158

4.8% 4.7% 7.0% 6.7% 7.0% 6.8%

57,553,333 53,852,565
394,438 1,290,967 2,015,363

15.4% 16.2% 191.3% 3.9% 2.4%

Council of Juvenile Court Judges

911,803

1,023,530

12.3%

1,077,570

5.3%

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

647,450 509,750 137,700

652,490 513,260 139,230

0.8% 0.7% 1.1%

711,007 548,459 148,098
14,450

9.0% 6.9% 6.4% 100.0%

Judicial Council Operations Board of Court Reporting Case Counting Council of Magistrate Court Judges Council of Probate Court Judges Council of State Court Judges Council of Superior Court Clerks Appellate Resource Center Computerized Information Network

2,389,352 1,269,363
41,689 76,500 26,000 20,000 12,000 33,800 250,000 660,000

1,624,442 1,084,686
70,756 76,500 26,700 20,000 12,000 33,800 300,000
0

-32.0% -14.5% 69.7%
0.0% 2.7% 0.0% 0.0% 0.0% 20.0%

1,741,322 1,200,578
74,869 76,500 25,835 20,450 12,050 31,040 300,000

7.2% 10.7%
5.8% 0.0% -3.2% 2.3% 0.4% -8.2% 0.0%

Judicial Qualifications Commission

146,228

178,808

22.3%

217,718

21.8%

Indigent Defense Council

1,000,000

2,000,000

100.0%

3,000,000

50.0%

Georgia Courts Automation Commission

0

Operations

0

Statewide County Computerized Information Network

0

1,244,331 588,985 655,346

1,344,703 660,903 683,800

8.1% 12.2% 4.3%

Georgia Office of Dispute Resolution

229,149

100.0%

Judicial Branch Totals

$63,674,960

$68,281,297

7.2%

$78,549,681

15.0%

----------- Appropriations -----------
The total state budget rose by 10.9 percent for fiscal year 1995; appropriations to the judicial branch increased by 7.2 percent. The judicial branch budget includes funds for 14 superior court judgeships and related positions that are now being filled following a favorable ruling in the federal voting-rights litigation. Ten new judgeships were approved by the General Assembly in 1995.

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State Judicial Branch Budget Units: Funds Available and Expenditures Fiscal Year 1995

Supreme Court

Court of Appeals

Superior Courts

Council of Juvenile
Court Judges

Institute of Continuing
Judicial Judicial Education Council

Judicial Indigent Qualifications Defense Commission Council

Georgia Courts Automation Commission

Totals

Funds Available General Supplemental Total State Funds Federal Funds Other Funds

$5,433,395 0
5,433,395 31,752
623,513

$6,269,416 0
6,269,416 0
69,752

$51,050,860 -1,195,975 49,854,885 1,974,222 2,020,564

$1,023,530 0
1,023,530 181,221 0

$652,490 0
652,490 8,006
214,995

$1,802,442 -178,000 1,624,442 93,124 117,795

$148,808 30,000
178,808 0
10,030

$2,000,000 $1,244,331 $69,625,272

0

0 -1,343,975

2,000,000 1,244,331 68,281,297

60,000 108,000 2,456,325

2,129,155

0 5,185,804

Total Funds Available $6,088,660 $6,339,168 $53,849,671 $1,204,751 $875,491 $1,835,361 $188,838 $4,189,155 $1,352,331 $75,923,426

Expenditures

Personal Services

$4,668,498

Regular Operating Expenses 491,279

Travel

27,740

Equipment Purchases

111,815

Computer Charges

124,407

Real Estate Rentals

322,128

Telecommunications

38,674

Per Diem, Fees & Contracts 254,004

$5,510,219 151,457 14,116 143,534 126,249 243,133 36,472 22,130

$48,781,803 1,237,733 564,636 25,042 1,085,314 143,864 48,181 1,698,798

$624,741 348,397 43,347 1,994 22,350 41,933 15,045 68,543

$0 193,278
0 39,289 15,487
0 5 627,432

$914,916 188,035 18,371 18,599 559,847 31,69Q 18,506 84,202

$101,712 4,032 3,864 0 280 5,206 1,573
72,170

$1,257,483 2,183,766 32,801 140 12,604 49,602 17,308 11,051

$186,157 $62,045,529

6,848 4,804,825

12,710

717,585

0

340,413

1,130,700 3,077,238

2,306

839,862

3,937

179,701

8,815 2,847,145

Total Expenditures

$6,038,545 $6,247,310 $53,585,371 $1,166,350 $875,491 $1,834,166 $188,837 $3,564,755 $1,351,473 $74,852,298

Five-Year Comparison of State Judicial Budget (1992-1996)

Fiscal Year

Total State Appropriation

Percent Change

Judicial Appropriation

Percent Change

Percent of State Budget

1992 1993 1994 1995 1996

$7,552,871,790 $8,252,216,454 $9,201,886,925 $10,236,138,444 $10,980,393,127

1.2% 9.3% 11.5% 10.9% 7.3%

$56,004,791 $60,828,071 $63,674,960 $68,281,297 $78,549,681

-0.4% 8.6% 4.7% 7.2% 15.0%

0.74% 0.74% 0.69% 0.67% 0.72%

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- - - - - - - - - - - Georgia Court System: June 30, 1995 - - - - - - - - - - -

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.

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

STATE COURT (65 courts) 90 judges (94 authorized): 43 full-time, 47 part-time.
jurisdiction (limited):
Civil law actions except cases within the exclusive jurisdiction of superior court.
Misdemeanors, traffic, felony preliminaries.
jury trials.

SUPERIOR COURT 46 circuits, 153 judges (159 authorized)
jurisdiction (genera/):
Civil law actions, misdemeanors, and other cases.
Exclusive jurisdiction over cases of divorce, title to land, equity.
Exclusive felony jurisdiction.
jury trials.

II

JUVENILE COURT (159 courts) 55 judges: 17 full-time, 38 part-ti me (1 state court judge serves as a part-time juvenile court judge), 34 associate judges. Superior court judges serve in counties without separate juvenile court judges.
jurisdiction (limited):
Deprived, unruly, delinquent juveniles.
Juvenile traffic.
No jury trials.

PROBATE COURT (159 courts) 159 judges
jurisdiction (limited):
Exclusive jurisdiction in probate of wills, administration of estates, appointment of guardians, mentally ill, involuntary hospitalizations, marriage licenses.
Traffic 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 306 magistrates; 29 also serve juvenile, probate or civil courts.
jurisdiction (limited);
Search and arrest warrants, felony and misdemeanor preliminaries, misdemeanor bad check violations, county ordinances.
Civil claims of $5,000 or less, dispossessories,distress warrants.
No jury trials.

MUNICIPAL COURTS (375 courts active)
jurisdiction (limited):
Ordinance violations, traffic, criminal preliminaries.
No jury trials.

COUNTY RECORDER'S COURT
(4 courts) 11 judges
jurisdiction (limited):
County ordinances, criminal warrants and preliminaries.
No jury trials.

CIVIL COURT (2 courts)
3 judges
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.

MUNICIPAL COURT (1 court in Columbus) 1 judge
jurisdiction (limited):
Civil law and landlordtenant cases (civi I) under $7,500.
Misdemeanor guilty pleas and preliminary hearings.
Warrants.
jury trialsin civil cases.

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--------- Georgia's Judicial Districts, Circuits and Counties ---------

Georgia Judicial Districts

'lIII

Circuit Boundary _ _........""""...............

County Boundary

_

o

50

I

I

miles

GRADY

THOMAS

Judicial Council of Georgia
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THIECOURTS
- - - - - - - - - - - Supreme Court - - - - - - - - - - -
The Supreme Court has exclusive appellate jurisdiction in the following matters: cases involving the construction of a treaty or of the Georgia or U.S. Constitution; the constitutionality of a law, ordinance or constitutional provision; and election contests. The state constitution gives the Supreme Court jurisdiction of all cases involving title to land, equity, wills, habeas corpus, extraordinary remedies (mandamus, prohibition, quo warranto, etc.), divorce and alimony, all cases certified to it by the Court of Appeals and all cases in which a sentence of death was imposed or could be imposed. Additionally, the Supreme Court may answer any question of law from any state or federal appellate court and may review by certiorari cases in the Court of Appeals which are of great public importance.
Terms of court begin in January, April and September. Oral arguments are heard each month, except August and December. The constitution provides that all cases shall be decided no later than the term following the term to which the case is docketed.
Cases are assigned in rotation to the justices for preparation of opinions and decisions of the whole court. When a justice prepares an opinion, he or she circulates it for study to the other justices and after discussion en bane the opinion is adopted or rejected by a majority of the justices. If a justice is unable to serve or disqualifies himself or herself in a particular case, a substitute judge may be designated by the remaining justices to serve.
The seven justices are elected to staggered, six-year terms in statewide, nonpartisan elections. A candidate for judgeship must have been admitted to practice law for at least seven years prior to assuming office. A vacancy on the court is filled by gubernatorial appointment to complete the unexpired term. The justices elect the chief justice and a presiding justice to handle administrative matters for the court. The chief justice presides as chair of the Judicial Council of Georgia.
Each justice has three full-time staff members: two attorneys and one administrative assistant. The attorneys assist the justices in research and the preparation of opinions. They are not permitted to practice law while employed by the court.
The Supreme Court clerk, appointed by the members of the court for a six-year term, is the administrative officer of the court, has charge of the court's records and keeps its minutes. The opinions of the Supreme Court are published by the official reporter who is also appointed by the court.
The Supreme Court has authority to promulgate orders needed to carry out its functions and has rule-making authority for the superior, state, juvenile, probate and magistrate courts. The Administrative Office of the Courts, the Institute of Continuing Judicial Education, the Judicial Council of Georgia, the Office of Bar Admissions, the Office of Dispute Resolution and the State Bar of Georgia assist the Supreme Court in its function and duties. The Supreme Court also supervises the Chief Justice's Commission on Professionalism.
14

Supreme Court Caseload: 1993 and 1994

Filed
Direct appeals Petitions for certiorari Applications for appeal
Habeas corpus Discretionary Interlocutory Attorney disciplinaries Original petitions/motions Extraordinary motions Certified questions Bar admissions Judicial qualifications
Total

1993
580 721
122 249
57 140
7 23
3 6 2
1,910

1994
531 726
202 244 '
51 169
7 16
7 5 3
1,961

Disposed
By opinion Affirmed without opinion (Rule 59) Allowed withdrawn Transferred to the Court of Appeals Appeals dismissed Petitions for certiorari
Denied Granted Other Habeas corpus applications Denied Granted Other Discretionary applications Denied Granted Other Interlocutory applications Denied Granted Other Extraordinary motions Denied Granted Stricken from docket Bar admissions Judicial qualifications Attorney discipline

1993
344 2 127 3
29 128 4 72
634 5 99 6 19
93 1 9
175 7 46 30 8
21 15 16 9
11 7 1 5 2
47

1994
401 ' 0 43 36
141 84
609 25" 25
139 3 4
140 ' 2 41 45
26 8 15
15 6 8 4 1
138 13

Total

1,931 1,957

1 Includes 5 applications for Interim Appellate Review. 2 In 1993, 425 appeals were disposed of by 344 written opinions. 3 Includes 1 appeal affirmed without opinion, with direction. 4 Includes 2 cases remanded and 24 returned to the Court of Appeals. 5 Includes 10 writs vacated as improvidently granted. 6 Includes 11 writs granted and remanded to the Court of Appeals. 7 Includes 2 applications for Interim Appellate Review. 8 Includes 16 applications .transferred to the Court of Appeals. 9 Includes 9 applications transferred to the Court of Appeals. 10 In 1994, 331 appeals and 70 granted writs of certiorari were disposed of by 355 written opinions. 11 Includes 1 writ granted and remanded to the Court of Appeals. 12 Includes 3 applications for Interim Appellate Review. 13 In 1994, this figure for the first time includes appointments of Special Masters.

15

- - - - - - - - - - Court of Appeals - - - - - - - - - -
The Georgia Court of Appeals was created in 1907 to alleviate the caseload burden of the Georgia Supreme Court. Today the Court of Appeals has become the appellate court with the most signed opinions per judge in the country. It is among the appellate courts with the highest number of cases filed per year, per judge.
The Court of Appeals has constitutional jurisdiction over appeals from superior, state and juvenile courts in all cases where exclusive or general jurisdiction is not reserved to the Supreme Court. These cases include civil claims for damages, child custody cases, workers' compensation and other administrative law cases and all criminal cases other than capital felonies. The court may also certify legal questions to the Supreme Court.
Nine judges serve on panels of three judges each. The chief judge of the court, usually the most senior judge who has not served as chief judge, is elected by the court to a two-year term and is responsible for the administration of the court. On January 5, 1995, in ceremonies held in the Court of Appeals courtroom, Judge Dorothy T. Beasley took office as the 17th Chief Judge of the Georgia Court of Appeals. She is the first woman to be elected to serve as chief judge and the first woman to serve on the Court of Appeals. The chief judge appoints three presiding judges, usually the most senior, to head each panel and assigns judges to the panels each year. The chief judge and the presiding judges form the executive council which decides and/or advises on certain administrative matters.
Panel decisions are final unless a judge dissents. If after a hearing by the full court the judges are equally divided, the case is transferred for decision to the Supreme Court.
Court of Appeals judges are elected to staggered, six-year terms in statewide, nonpartisan elections. A candidate for judgeship must have been admitted to practice law for at least seven years prior to assuming office. In the event of vacancies, the governor appoints successors to complete unexpired terms.
The court has terms beginning in September, January and April. The Georgia Constitution provides that all cases shall be decided no later than the term following the term to which a case is docketed (the "two term" rule) or the case shall be affirmed by operation of law. It is believed that no case has ever been so affirmed.
The Appellate Settlement Conference, which has operated since October 1, 1989, to provide a voluntary settlement conference procedure in civil cases after a notice of appeal is filed in the trial court, will be suspended at the end of fiscal year 1995. The court will continue to use the senior appellate court judges and senior superior court judges to assist, as permitted by OCGA 15-1-9.2 and 15-3-1.
The Court of Appeals has a clerk/court administrator to handle the administrative requirements of the court as well as the court records. During fiscal year 1995, the court hired additional central staff attorneys in an effort to keep pace with the expanding caseload.
16

Court of Appeals Caseload: 1993 and 1994

Filed
Appeals Discretionary applications Interlocutory applications
Total

1993
2,601 479 450
3,530

1994
2,842 611 458
3,911

Disposed
Appeals By opinion By order
Discretionary applications Granted Denied Dismissed Transferred to Supreme Court Withdrawn Changed to Interlocutory Total
Interlocutory applications Granted Denied Dismissed Transferred to Supreme Court Withdrawn Total
Total

1993
2,183 512
127 296
51 0 1 4 479
142 247 49
1 0 440
3,614

1994
2,315 580
132 340
64 15 4 0 555
139 244 37
2 1 423
3,873

17

- - - - - - - - - - - Superior Courts - - - - - - - - - - -
The superior court is Georgia's general jurisdiction trial court. It has exclusive, constitutional authority to preside over felony cases and cases regarding title to land, divorce and equity. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The superior court corrects errors made by lower courts by issuing writs of certiorari; for some lower courts, the right to direct review by the superior court applies.
Superior courts are organized into 46 judicial circuits varying in size and population, as well as in the number of judges serving them. Each county has its own superior court, though judges may serve in more than one county. Numbers of superior court judges per circuit range from two judges in each of 16 circuits to 15 judges authorized for the Atlanta Judicial Circuit. A chief judge handles the administrative tasks for each circuit.
The superior courts are also grouped into 10 judicial administrative districts ranging in size from one to 27 counties. A district court administrator and a judge selected as administrative judge serve in each district. 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 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 practiced law for at least seven years. Superior court judges who have retired from the bench and attained senior status may hear cases in any circuit at the request of a local judge, an administrative judge or the governor.
As of June 30, 1995, 153 judges serve in Georgia's 159 superior courts. (The governor is interviewing candidates for six previously authorized judgeships that remain vacant.) The 1995 General Assembly authorized the creation of 10 additional superior court judgeships to be appointed by the governor for the term July 1, 1995, to December 31, 1996.
Graphs on page 19 show total, civil, criminal and average perjudge filings and dispositions for calendar years 1990 through 1994. Caseload data for the superior courts for calendar year 1994 by circuit and case type is presented on pages 20 and 21.
About Filing and Disposition Figures
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 the hours spent in performing the duties of office. Therefore, this report should not be used to evaluate or compare judicial performance.
18

Superior Court Filing and Disposition Trends, 1990-1994

Total filings! dispositions
Filings Dispositions - -
Civil filings! dispositions

CY 1990

CY 1991

CY 1992

CY 1993

CY 1994

V ",L 305,1~ 306,724 _ _306,931
/1-;4-:;;;

303,304

293'~/

....
297,065 - - -27i7,816

I
I
I I

283,784

188,048

~11887,4617'2--3-:-4r-

180,V

186,214 -

7

/

188,310

,;

188'183,; ,; ,; ,;

....:-1-_.... 184,212

I I It
176,722

310,000 300,000 290,000
190,000 185,000 180,000

Criminal filings! dispositions

120,697
, f - - - -119,307s.._ -='----jp...,_____- - -I- - - - -I- - ,." .> 119,433',

1116,799

" ,,

120,000 115,000

107,062

Average per judge,

2,175

total filings!

dispositions*

109,506

110,000

"The average per judge has been calculated using the number of judgeships filled, rather than the number of authorized positions, From fiscal year 1990 through 1994, a number of judgeship positions remained unfilled due to litigation concerning judicial elections.

I I I
2,056----+-----t------''i--~~''---''''-=f.:c-:-,------

CY 1990

CY 1991

CY 1992

2,100 2,050

19

Superior Court Caseload, Calendar Year 1994 (docket entries)

Circuit

# of Judges

Total Criminal

Filed

Disposed

Felony

Filed

Disposed

Misdemeanor

Filed

Disposed

Probation Revocation

Filed

Disposed

Alapaha

2

Alcovy

2

AAplIpaanlatcahian .

2
T2

4,184 4,831 1,372
. 12,643

3,649 4,805 1,039 n,2ar

1,436

1,129

1,586

1,515

479

367

8,991"7),36

2,630 2,494
624 .. 225

2,403 2,565
407 .. 218

118 751 269 j;427

117 725 265 3,427"

Atlantic

3

i\ugusta..... Blue Ridge

5 3

Brunswick

4

... Chattahoochee
Ch~~~k~

4 3

Clayton

4

Cobb Conasauga .

37

Cordele

2

. Coweta
b~~ghe~ty

3 2

1,160
31",,<5:>7"872

1,029 3,106 (f79 ..

1,000
.2..,1705:23"

868

17

...1,779456 . . . . . . . . . . 61"111"8 .

2,430

2,334

1,695

.. .3.,2.1.2... . . . 3.,.1.81 ...

2,314

2,300

.2.,1.1.2. 803

3,090

2,940

1,954

5,270 2,121

4,533 2,"6;5

37,8.2697

1,586

488

. .. .2P7.5.
787

. 6.67..
736

1,810

110

3,141 643









i15480

1,684

1,601

2/5.67

2,526

1 , 9 3 8 1,482"

701

654

450

..lA91.

1,865

252

. 1,149 681285

18

..

554 123

.

143

143

286114"

....

806 26i

.

501
. 673 738 104
. 172398

247
433 775 1,026 1,263 634

247
:m..
775 1,026 1,263
634

414

533

533

...

223977

424. 504





424 :504

Douglas

2

2,049

2,224

Dublin Eastern

...... 2.. . 4

.1.'3.48. . . . . . .1.,.35~

3,473

3,398

Enotah

2

965

1,009

Flint Griffin

2

lA37

1.,,532.

3

2,893

2,802

Gwinnett

6

3,046

2,872

LHoouosktoount Mountain ..

2 4

.. 1.'21.1.. . ....1.,.263.

2,544

2,358

Macon

4

3,352

3,101

M. .i.d.d. .l e. . . . . . . . . .

2

Mountain

2

1/2.80. . 1,141

. .1.'.300 . 1,261

Northeastern

3

1,807

1,667

Northern

2

1)\02. .

1J.~00.

o~~~li~

3

3,622

3,458

Oconee

2

1,534

1,397

Ogeechee
F'ataula .

2

1,433

2 1,305

1,401 1,263

613

.

673 2,346

655

852

985

584

584

643

468

504

207

206

2)56";73 S8j ;054 1;054

312
..8.9.2....... 1,414 2,178
729 ,-,013

307 657 1,484 2,006 665 i)X)4

487

536

478

418

1,071

910

11

9

290

412

996i;023

166

166

467

. 457 .

408

408

857

857

192

186

53533;-

1,998
.1/17,5. 470
1,360 863
1,505 696
1,100 554

1,815

138

100

1,216

.1!19.4 568

.7.

.7...

98

302

324

369

1,168

196

254

251

.........6.4.9........... 411

1,432

1,317

323 1,227

. 528 800

640

554

503

284

1,090 53j

9

13

324

504" 469247

1,186
99 .. 369 245 528 . 799 254 298 .. 26r

Piedmont

2

1,668

1,594

Rockdale Rome

2

...6.9.1......

606

3

2,709

2,761

South Georgia

2

1,078

1,101

Southern

3

... 2-7.42.

2,641

Soutli,;,;ester~

2

2,239 2,167"

Stone Mountain

9

6,926

6,676

Tallapoosa
Tifton .

3

1,984

21,183

2,056 1;159

624

545

642

648

402

401

461

396 . . . . . . . . . . . 0.

0

230

210 .

676

670

1,568

1,646

465

445

516

515

212

232

350

354

... 1.-7.95. 843

1!6il7. 812

384

391

563

563

653

612

.. 743 "743

4,460

4,210

0

0

2,466

2,466

672

663

929

1,010

383

383

466 489447" 427' 27'0 243

Toombs Waycross Western

2

1,596

1,643

412

438

3

1,616

1,369

1,014

723

2

1,716

1,574

1,149

971

965

986

219

219

111

174

491

472

78

114

489

489

Total

145

Average per Judge*

116,265 802

109,506 755

64,227 443

58,183 401

24,758 171

24,464 .169

27,280 188

26,859 185

"Based on 145 superior court judges

20

Superior Court Caseload, Calendar Year 1994 (docket entries)

Total Civil Filed Disposed

General Civil Filed Disposed

Domestic Relations

Filed

Disposed

Total Caseload

Total Open

Filed

Disposed Caseload

Circuit

1,887 3,877

1,709 3,704

601 1,218

529 1,198

1,286 2,659

1,180 2,506

6,071 8,708

5,358 8,509

2,037 2,737

Alapaha Alcovy

1,657

1,481

i 3;200' .... i 0)11'0'

570
.... 7;i 6'2'

484
"4;77'6'

1,087
'6;038

9.97

3,029

2,520

6,034 .. .. 25;843.... .i2,091

1.'4:23. 13,753

. .Appalach.ian Atlanta

3,929

3,945

975

978

2,954

2,967

5,089

4,974

1,407

Atlantic

.. ?(4139. 2,830 4,373
. .6P4.2 3,994 4,783

... 9,!.1.7 ... 2,738

.2(1.1? .... .2m.8 .... .. .. ,,7,372,

673

676

2,157

4,594

1,027

1,206

3,346

5,4?0 . .... 2(19.2..

3,941

1,558

.1/0.6.. ,3,850

1,663

2,436

5,178

541

638

4,242

.. 7,,0,79 2,062 3,388
.. ,3,,7.1.4. . 2,278 4,540

.. .1,3,.066 3,912
6,803 9,~?4: 6,308
7,873

.1.2,,223. 3,917 6,928
8,.601 6,241 8,118

,7,4:53.. 2,061 1,894
5,,132 2,491 1,785

..A.ugusta ... Blue Ridge Brunswick
Chattahoochee
"C'heroke;;
Clayton

.. .9(5136 ....9,,0,85.

4,160

4,253

2,632

2,531

.. 1(82,5. 1,261
720

. 1(85.8. 1,337
706

.. .7/61 2,899
1,912

7,22,7 2,916
1,825

1.4,.85(, 6,281
4,316

.1,3,.618. 6,268
4,132

5,597 2,649
731

Cobb

.

Conasauga

Cordele

6,926 3,606
2,980
... ?P.~...
5,128
1,728

6,042 3,655 3,096
2,582 4,850 1,834

1,491 629
1,442
..... 7()4 1,717
545

.. 1,42.55,435 ..... 4,,6,1.7 . . . ...9,493..8,568

707

2,977

2,948

5,544

5,137

1,641

1,538

1,455

5,029

5,320

63.1..... " .1,968

1,527

3,411

1,951.

4,020 .. 3,935

3,323 ........8;601..

8,248

631

1,183

1,203

2,693

2,843

.. 3Al.9. 2,028 2,354
1.'148. 3,749
494

Coweta "bo~ghe;ty'
Douglas
Dublin Eastern
Enotah

... 4(56.8. 5,213

4,0()9 5,047

..... 1/99.4 1,562

1(68.4.. ..2,574

1,639

3,651

,2,,3.25 3,408

6,405. .. 5,.541

8,106

7,849

4:,.1.83.. 4,236

Flint Griffin

8,939

8,870

3,194

3,151

5,745

5,719

11,985

11,742

3,502

Gwinnett

... 2/88.2. 4,439 4,353

2,573 4,4"3 3,952

493
.. 876'
1,644

498........ 884

32;,536839'

1,456

2,709

2,,0,75 3,529....

4,093

3,836

.. '6;983 '6)7;"

2,496

7,705

7,053

?-704.. 2,348
4,749

Houston
. Lookout Mou'ntain .
Macon

.. .2/,3 . . .. 2/5,72.

2,018

2,024

678

609

2,025.. .. . .1.,9.63

,3,983

,3,872,

1.,.879.

. .J'v1i.ddle ..

511

531

1,507

1,493

3,159

3,285

594

Mountain

3,431

3,312

964

903

2,467

2,409

5,238

4,979

1,704

Northeastern

..?,6?4.
4,449
2,254

.. 2J6()8 .. 4,368
2,294

729 1,526
601

777 1,557
618

1,945 2,923
1,653

1,,8,31. 2,811
1,676

4,47(, 8,071
3,788

4,.108 7,826
3,691

2,.623 2,066
798

Northern .. Ocrnulgee
Oconee

3(81.9. 1,963

3,737 2,022

886 ......86.6 ..........2,933.

481

531

1,482

2,,8,71. 1,491

.. .5,252... ..5,.1.38.. . ..1.'()78.

3,268

3,285

662

.. ()geec.hee. Pataula

2,892

2,780

837

867

2,055

1,913

4,560

4,374

1,693

Piedmont

.. 1/.1.1 2,800

1,3()6 .. 2,587

..... 5()6 . 1,032

488 ......1,205.. .

920

1,768

818 ........2,402 ......1,1912.

1,667

5,509

5,348

.1)90. 2,143

.... RRoomckeda..le..

2,624
... 6(14,7.. 1,772

2,473
5,684 1,489

608

585

....... 1(52,5. .. ... 1(44.8.

700

675

2,016
.. ...4,622, 1,072

1,888
4,P6.
814

3,702
.. ..8,889....
4,011

3,574
.8,.325 3,656

1,137
.... 3",822. 1,298

South Georgia Southern "So;';th~~ste'r;"

13,460

16,041

1,805

2,570

11,655

13,471

20,386

22,717

4,990

Stone Mountain

... 3(55,7. 2,261 1,420 3,671 2,603

. P,72.
2,214
1,376 3,631 2,591

. 1(27.5 607 554
1,249 745

1(47.6 624 566
1,251 737

2,282 1,654
866 2,422 1,858

,2,,2<J6. 1,590
810 2,380 1,854

5,541 3,444

.. 5 , 8 2 8 3,373

.. 2.'.1.95 1,466

Tallapoosa .. Tifton

3,016

3,019

990

Toombs

5,287

5,000

2,475

Waycross

4,319

4,165

. .2.,.0.1. .0. . . . .

Western .

.

194,102 1,339

188,310 1,299

56,550 390

54,266 374

137,552 949

134,044 924

310,367 2,140

297,816 2,054

123,077 849

Total Average per Judge*

21

- - - - - - - - - - - State Courts - - - - - - - - - - - -
A 1970 legislative act established Georgia's state court system by designating certain existing countywide courts of limited jurisdiction as state courts. In the 66 counties where they have been established, state courts may exercise jurisdiction over all misdemeanor violations, including traffic cases, and all civil actions, regardless ofthe amount claimed, unless the superior court has exclusive jurisdiction.
State courts are authorized to hold hearings on applications for and issuance of search and arrest warrants and to hold preliminary hearings. The Georgia Constitution grants state courts authority to review lower court decisions as provided by statute.
The General Assembly creates state courts by local legislation. The legislature also establishes the number of judges and whether the judges are to be full or parttime. Part-time judges may practice law, except in their own courts.
In fiscal year 1995, 65 state courts operated in 66 of the 159 counties. One state court serves both Cherokee and Forsyth counties. Of the 94 authorized judgeships, 90 are filled; 43 are full-time and 47 are part-time.
State court judges are elected to four-year terms in nonpartisan, countywide elections. Candidates must be at least 25 years old, have been admitted to practice law for at least five years, and have lived in the state for at least three years. The governor fills vacancies by appointment.
Filings and dispositions are given for those state courts providing caseload data.
22

State Court Caseload, Calendar Year 1994 (number of defendants)

County

Misdemeanor Filed Disposed Open

Traffic Filed Disposed Open

Civil Filed Disposed Open

Total Filed Disposed Open

Appling

*

*

Baldwin

1,175 1,072

103

4,759 4,687

72

9

6

3

5,943 5,765

BBriobobks

....5,.947. ... . 5!5~8 ...... 379 ........9..

*

*

*

4,470

230 ......1.'.322. 1,550 856

*

*

*

11!9.69 1.1;5.88.

Bryan

301

133

168

4,266 4,598

313

91

106 113

4,658 4,837

594

.Bu.lloch.....

660

630

30

4,00.0. .3!?9.0

200

376.. 345

31

5,0.36 :4,7,75 . 261

Burke

558

518

40

2,445 2,281

164

188

153

35

3,191

2,952

239

Candler

124

86

38

2,284 2,093

191

131

84

47

2,539 2,263

276

.CarroW...

. 496.. 496



M8.9 4/23.9.

250

520

468

52

5/5()5. 5.,2.3.. 302

Chatham

2,602 1,930

951

1,280 1,008

538

2,560 1,974 3,341

6,442 4,912 4,830

Chattooga

7

5

2

110

85

25

39

28

11

156

118

38

.Ch.er.o~~/Fors~h~ .1.'.320 1!3.1.2

33.1

Clarke

1,358

NlA

N1A

92. 4!12.8. 869

1.'.589 1/136 1;3.89. . .. 7!129 7,2.26 . 2,589

NlA

NlA

NlA

NlA

NlA NlA

NlA

NlA

NlA

Clayton

15,316 15,022

181

14,917 13,973

714

4,428 4,663 548

34,661 33,658 1,443

.<;:Ii.nch....

225.

214

11

1,715 1,66.3

52

11

1.1.

3

1,9.54 1/388.

66

Cobb

8,158 9,300

NlA

60,111 55,025

NlA 22,488 24,288 NlA

90,757 88,613

NlA

Coffee

299

178

121

4,184 3,225

959

229

73 156

4,712 3,476 1,236

Colquitt C<;wetil

876

735

141

r\VA NiA NlA

1,447 1,287

160

173

77

96

2,496 2,099

. NtA Nil\" .r\VA:... 567" .. s2s NiAj 0/396 8,824

397 NlA

Decatur

602

562

40

2,437 2,209

228

87

45

42

3,126 2,816

310

DeKalb

7,871 .... 8!4:48. NlA

bciugherty-s,oii 3,763 1,249

.3,978 ... 2!4~9 ..1.,509 7,624 5,984 1,640

55,53538!320 . .17!2.1.5.....67!384. 49,237

835

626 209

13,471 iO,3"7:3

NlA 3,098

Early

376

348

28

1,133 1,086

47

40

35

5

1,549 1,469

80

.Effingh.afll .
Elbert

820

664

156 . . 3,554 . . . 3!17.3

381

686

635

51

1,057

830

227

325

205 120 . . .. 4!6<;)9 . :4,()42... 657

50

40

10

1,793 1,505

288

Emanuel

*

*

Evans.. Fulton

.......................- . ...... 1,~81.. .1,102

.279.

37..

24

..1) . ...... . 1/4.1.8.. ..lJ.26

292

23,198 7,302 6,440

+

+

+ 40,021 22,230 NlA

63,219 29,532

NlA

Glynn

13,501 12,301 1,200

429

274 155

13,930 12,575 1,355

.Gra.dy

.

*

...........

*

*

*

Gwinnett

7,037 4,845

5,600

Habersham

79

H.a.ll......... ....5,729. .5/~8.

NlA

972

Houston

1,878 1,803

615

814

jackson .Jeff Davls jefferson

.904

869

... .3 5

302

NlA 48

415

403

12

137
....46. 66

jenkins
LLiobnegrty.

171
.*'

163
'**"

..8
.'

.... "*

31

'*'"

*' ...... *' ......*. .*'

. ... 'lie' ...... **'

'*

0

Lowndes Mcintosh
. M(lie~
Mitchell
Mpiuesrccoegee .

11. 8. . . . . . . . 1. 6. 2

171

151

283

236

3,6..9,1*, ... 3,266

12 20 47
..4..2'5*'

Putnam
RRiocchkmdoanied

144

144

o

.5,768..... 5!1135. 583

Screven Spalding Stephens Sumter Tattnall Thomas

338
572" .
739 ....... .1.48.

320

18

421 ;51

722

17

133

15

Tift Toombs Treutlen Troup Walker .'vV<:ir~

3,760 2,947

813

506.........4.6.9..

37

*

3,801 3,712

89

109

101

8

N'A. ...... !'l!A . ... .N/A

32,503 31,612

.... 8,39.8 ..... 7!85.3..

881

855

1,318 1,228
. * 3,996 3,659

1,342 1,342 .24,593 20(40.4

891 823
26
90 337
~

2,1.99

1,743 1,714

29

546 3 9
27
1,11 ~

437 3 3 9
....5.1'5*'

0
1.'.319.. ....6..3.0...
*

82

58

109

33,049

....... 8!5.19.

6

1,061

18

1,628

Nl.A*' ....8.,.7.9'7*'

32,049
. 13,()1.8 1,009 1,473 7,440

1,000 835 52 155 NlA



1,486 1,486



689 ..... .31!6.80 . .. 2.6,2.1. 9 . ... .3,47.1.

24

2,163 2,092

71

8S2... 7"19 ..... 163 ...... 17s "i17 .. 6; U,ji (257 "375

1,268 1,268

.. 1,627. .. 1,572 .

3,585

NlA



47

15

55 .........84 .... 80

500

113

96

32

2,054 2,005

49

4 ....... 1/8.59 .. . ...1,785. ........7.4.

17

3,698

NlA

517

7,278 5,858 1,420

113

72

42

11,151

8,877 2,275

.. 1,677 .1!59.0. . . .8.7. . . .

97

70

27 ... .2!280

2.,.1.29.... . ..1..5.1.

*

8,903 8,903

NlA

390

290 100

NlA

NlA

NlA

5,378 5,026

352

120

67

53

5,607 5,194

413

... .N/A. ...... !'l!A .......!\VA.

.1.D7.. . ... 1(,0 . ... . !'l!A .. ...... 4/lJ3. 5 .. . 4))21... ...N/A

23

State Court Caseload, Calendar Year 1994 (number of defendants)

Misdemeanor

County

Filed Disposed Open

Filed

........... ............ . .................................

Washington

Wayne Worth

626

588

38

.......... ........*...

1,484

Traffic Disposed
1,401

Open

Filed

Civil

Total

Disposed Open

Filed Disposed

. .......................

*

83

78

69

9

2,188 2,058

....*....... ............

Open
*
130

Total

115/081 93/823 18/261

299/218 270/366 21/276 144/191 108/023 30/106

558/449 468/531 43/281

Note: 53 of 65 state courts submitted caseload data as of January 22, 1996.
[*1 Caseload data not submitted as of 1/22/96. [-1 Misdemeanor and traffic filings combined. [+1 Traffic filings handled in magistrate court. [N/A] Data elements not available.
a Carroll County: misdemeanor and traffic data from 7/1/94 to 6/30/95. b Cherokee/Forsyth is a circuit-wide state court. As of 1/22/96, information on Cherokee misdemeanor and traffic cases was not available.

24

------------ Juvenile Courts - - - - - - - - - - -
The purpose of Georgia's juvenile courts is to protect the well-being of children, provide guidance and control conducive to child welfare and the best interests of the state, and secure care for children removed from their homes.
The exclusive, original jurisdiction of juvenile courts extends to cases of 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 to terminate parental rights. However, the superior court now has jurisdiction over juveniles who commit certain violent felonies. In addition, the juvenile court has jurisdiction over minors committing traffic violations or enlisting in the military services, consent to marriage for minors, and cases involving the Interstate Compact on Juveniles. Most cases appealed from the juvenile courts are heard by the Court of Appeals.
There are 55 full- and part-time juvenile court judges. In counties or circuits with no separate juvenile court judge, superior court judges hear juvenile cases. To assist the juvenile or superior court judge with juvenile cases, 34 associate juvenile court judges serve in 39 counties. The qualifications for associate judges appointed after July 1, 1994, are the same as those for juvenile court judges. Associate judges appointed before that date must be admitted to the State Bar or have graduated from law school.
Juvenile court judges serve by appointment of the superior court judges of the circuit for four-year terms. (The juvenile court judge of Floyd County is the only elected juvenile court judge.) 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.
Juvenile court filings and dispositions for calendar year 1994 are presented for counties submitting caseload data to the Administrative Office of the Courts.
25

Juvenile Court Caseload, Calendar Year 1994 (number of children)

County

Delinquent

I

Unruly

I

Traffic

I

Deprived

I I Special Proceedings

Grand Totals

Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open

Appling

123 98 25 35 30

5 10 10

o 10

5

5

3

3

o

181

146

35

Atkinson Bacon Baker
Baldwin Banks Barrow

8

8 NlA 14 14 NlA

7

7 NlA 15 15 NlA NlA NlA NlA

41 41

4

9

8

1

5

5

o 18 17

4

oo o

*..

*

*

*

*

313 240 133 45 40 18 71 61 15 129 119 41

8

8

o

42 36 13

(, ..7

9 15.. 16

2 ..2. 8

1... 0

0. o

321 315 33 92 91

2 64 62

2 41 17 76

1

0

4

NlA

NlA

NlA

73 ......7.1..... 9

*

*

566

468

207

65 .......6.7...... 16

519

485

117

Bartow

580 506

.B.e.n. .H. .il.l. . . . . . . . 2. .1.4. . . . .2.1 6

Berrien

*

*

74 276 253 20 59 . 59
***

23 261 245
3 . 12 10 ***

16 247 228 19 91 81 10 1,455

3 ...3.1......3..0.......8.......0.......0.... o . 316

******

*

1,313 315
*

142
. 34

Bibb

2,137 2,156 200 203 198 13 129 124

9 507 464 78 352 388 182

3,328 3,330

482

Bleckley

65 67

i3riiriiley 47 .. 42

.g4.... T34

4 ;4

0

2

.... 07

2
f

o4

4

0

0

0

... 0 '4 i":3 2 0 0

.0o

..

75 81

"7778 .., 4i"

Brooks Bryan
BLi1l6di

82 73

9 16 11

132 117 42 64 51
.i"9 .. 'i, 'l ... 2ii . 83 76

5 20 19 17 41 35
7 62 ... 64

1 37 35

2 17

10o

36 16 20

0

2:3 20 41

16

1

0 0

o
.. 'i

172

154

18

"237838 23179( 849f

Burke

196 105 216

3

2

3 12

3 15 32 29

8

0

0

o

243

139

242

Butts
Calh~~n

149 107 42 26 12 14 23 1"3 1360 0 0 1

9 0

14 1

64 0

63 .....1..... 4

0

0

1

4 NlA
1o

?6.6 15

1.95

N/A.

14

1

Camden

142 121 21 112 101 11 41 36

Candler

24 23

1

0

0

carr~I( 5795;7 62 153 111

0

0

0

42 301 289

Catoosa
Charlton Chatham

196 185 31 123 112 14 71 68
3.0 .27. ...3. .6 6 0 0 0
2,462 1,960 502 703 514 189 729 688

..... .1.1... Chattahoochee 19 10 12

5

2~:~b~a .2.~.

1:

..~

3 :

3

1

1

2 8~ 74

5 49 43
o 13 14

6 92 90

0

0

0

12 195 176 19 296 296

6 54 50 12

1

1

o 11

10 ..1.......0,.

0

41 621 469 152 74 33

o

5

0

5

3

2

12 55 36 19

1

1

*

**

2

436

o

37

o 1,524

o

445

o

47

41

4,589

4

33

o ......1..7.1..

*

391

45

37

1

1,389 .... 1"35

416

63

43 3,664
16 125

4. 925
24 46

Clarke

946 629 327 277 173 104 175 96 79 180 152 38 63 27 36 1,641 1,077

584

Clay Clayton

6

3

3

7

7

0

0

0

0

9

9

0

1

1

0

23

20

3

2;.';02 2,0'9 962" 570491446 64" 52"4 493 1,080 ,;040 ":369 149 "26 go 4;942 . 4,2002,360

Clinch
Cobb Coffee
Colquitt
Columbia Cook

41 41

.2!99.6.2.,1.47 140 95

407 292

422 363

1

1

NlA

7

7

849 851 652 71 52 56

115 40 37

104 166 167
63;i 37

NlA

6

6 NlA 38

199 .1.,706.1(54.7. 159 .1})83. 33 83 45 67 12

2 25 25

0 86

6 96 97

9 19

0 51 48"320

38 NlA NlA NlA NlA

NlA

NlA

NlA

873 ... 21.0 ... 2.37 ....1.98.... 39 .... .>(87.3 . . .5,:417 .... 1.':4~6.

2 11

0

0

0

287

198

182

72 14 13

6

7

571

432

138

21

5

7

9

0

3 17 147 122"25

710

657

124

2562ii45

Coweta Crawford crisp .....

742 742

0 200 200

0 205 205

25 300

7 25 287"":3"

2

1

4647"

3

4

0":35

....

32;i

0 287 287

0 21 21

0

80

15 78

10 64



;58

0 0

0 0

0 0

1,455 46
459

1,455

0

20

41

435 4g

Dade

37 28

9

Dawson

59 15 44

Decat~ri79166i3

16 16

0 14 14

17

7 10 22 20

"1".5 .. 14 1 47' 47

0 33 32

1

2 18

0 18

0 35":36 5

0

0

0

100

90

10

"232i 0;i71198 25494 2704

DeKalb Dodge Dooly

4,660 4,002 1,836 1,606 1,493 602 1,233 NlA NlA 1,264 NlA NlA 116 NlA NlA 8,879

NlA

NlA

78 82

4

9

9

805640 "8 10

2 40 39 g. 4 4

1

8

6

3

0

0

0

135

136

10

0 20i56000i2"2"8s5S

Dougherty 1,230 1,169 61 132 126

6 313 297 16 184 175

9

0

0

0 1,859 1,767

92

Douglas

**

Eariyi63 158

* 5 2 2 0 66 0 4 .2" 2 0

0 . o* i 75

"68

f

Echols

5

6

2

0

0

0

0

0

0

5

4

1

0

0

o

10

10

3

Effingham

140143

3 54 51

3112112

0 18 15

5

0

0

o

324

321

11

Eiberi 154;52 "1:546 0 38 42,.'ii42,

1 . 0 209 215

,il

Emanuel

36 32

5

4

4

0

0

0

0 14 13

2

0

0

o

Evans

79 80 11 21 24

1 15 14

3 18 18

4

0

0

o

Fariniri,.92i 4 21 ;6

6"33314"37 446 1

0

o

54

49

7

133

136

19

111 ;i3

20

Fayette
Floy~..
Forsyth

313 298 15 238 221 17 390 375 15 175 166 9 65 65

o 1,181 1,125

56

638 539 99 i9s194 1

357 287 70 311 i64i6jiisil

283 153

258

292 56

225 53

67 3

92 77 13";3

.156

1,690 1,411 586 . .. . 576

27; 90

Franklin Fulton Gilmer

60 43 31

6

3

4 24 21

6 32 20 23

0

2

4

9,241 9,323 3,713 1,703 1,438 927 1,180 1,344 548 2,067 1,997 707 958 830 518

28 32

8 12 12

7

2

4

1 27 30

4

1

0

3

122 15,149
70

89 14,932
78

68 6,413
23

26

Juvenile Court Caseload, Calendar Year 1994 (number of children)

County

Delinquent

I

Unruly

I

Traffic

I

Deprived

I I Special Proceedings

Grand Totals

Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open

oooo
NlA 130 130 NlA
*

ooo

7

7 NlA

oo 1o
...n. ... J.~ .
o2

2

1

12

1

1,435

NlA

..... 0 .9

21

1

6 10
.....1.. o
*

680

2

....3(868

80.

64

29

251

70

... (l1... .... )~.

168

22

175

0

......n 1.

112

6

154

47

..n? )9.

*

*

*

*

5 71 32 21

2

2

0 1,101

832

112

1 15 1~

0. 21 20... 1

193 1.84...

9

7172 179 42

0

0

0 1,088 1,057

233

1 11 12

0

0

0

0

39

42

14

o 18 19 .3
25 60 60 33

90

0

0

()..

66

0

910

64

10

NlA 251

3 33 26 15

1

1

0

219

199

100

1

2

2 ..0

0

0. O

12.~

1.00

.2?

o 38 36 69

0

0

0

148

131

90

1

5

0

8

2

0

4

21

5

30

11 22. .2.1. . 2

0

0

0

187

1 77

43.

1 19 18

4

0

0

0

138

128

18

1 47 44

3 60 51

9

376

353

23

.N/A 8 8 NlA 2 2 .. r-lIJ\ .

61

61

NlA

1 52 52

0

1

0

1

181

164

17

29 68 37 56

0

0

0

336

274

136

.1.......2........1..... 1

0. 0

0

5 26 29

1

2

7

0

2 55111 29 33 53

9

37

28 . 13

158

147

41

436

828

193

.3.09 ....512 409 103 .8.32 ...354 47.8 .... .3,97.5 .....2,.038.....1.'.937.

34 312 197 115 153 75 78 1,348

814

534

20 17 13 22

7

3

9

222

175

94

o......2.2......2.3.......7.......0...... 0 0

52

51

21

2 21 57

3 11 35

4

402

858

25

1 29 13 32 11

8 12

168

132

96

2 40 16 24.......0.......0........0........ 159

. 89

70.

4 24 25

3

0

0

0

141

143

16

2 34 29

6

0

0

0

124

119

9

20 103 220 106 11 12

() .

640

960

353

o6

6

2

1

0

0

82

76

23

2 41 44

4

0

0

0

114

118

26

6

9

o 28

o 14

0 .....9.......0........0.... 0

9 21

0

0

0

14

0

0

0

0

8 387 168 219 182 94

0

P

92 .. ..7.6.. 16 .1.36 1)?

9.

. 17 85
124
2,786
.nq

1 66 113 2,311
700

. 16 23
11
387
(19.

27

Juvenile Court Caseload, Calendar Year 1994 (number of children)

County

Delinquent

1

Unruly

I

Traffic

1 Deprived

I 1 Special Proceedings

Grand Totals

Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open Filed Disposed Open

Schley

10

9

1

6

604

3

1

6

6

0

2

1

1

28

25

3

Screven

78 77

6 34 32

3 20 18

2 21 21

3

0

0

0

153

148

14

Seminole

47 38

sp~idi'~g""'" 6'1'2" .'583'"

9 29

..8.......3.
149 146

5 12

8

3 111 108

4 1o
3 542 533

1 9

1 ..0........1..........6.9...... 49 .

2

2

0 1,416 1,372

20 .
44

Stephens

101 106 20 16 16

2 22 16

6 50 25 31

0

0

0

189

163

59

.S.t.e.w..a.r.t ..........3.5... 28

Sumter

385 356

7

2

201

100

29 121 ,.,.;7"4.28 26 2 65

o .....0.......1....... 1

62

3

5

5

0 0

39 .

32

604

566

7.
38

Talbot

4 10 15

o0

0

2

2

1 15

3 22 10

7

5

31

22

43

Taliaferro

12

8

4

0 0 0 0 0 .....0 .......0 ......

o

0

0

0

0

12

8

4

Tattnall

121 106 15 53 47

6 29 25

4 41 37

4

0

0

0

244

215

29

Taylor

15 11 20

1 1 2 7 2 7 6 3 36

1

0

0

30

17

65

Telfair Terr~li' Thomas
TToifot mb's"
Towns
.T.r.e.u.t.le..n...
Troup Turner
Twiggs
Un'ion'

91 103

4

105 104

1

306 247 59

..

442 386
ilS 70

56 61

15 16

0

27 . 28

2.

1,523 1,336 187

72 58 14

34 36

7

62 ...si; 8

18 18

0

660

77 34 43

83 71 12

6

1

7

660

3

3

0.

276 240 36

3

3

0

14 14

0

rs '43

2..3......2.4. 88

0 . 20 0 44

67 47 20 84

109 100 9 31

7

5

5 35

770

9

12 . 8 209 184

4 11 25 364

5

503

7

7

0 11

26 .. 2"5 ;2"il

. 2..1.......0........0.. 0 0

44

0 10 10

0

77

7

5

2

3

5 33

... "268' ..

0 44

.. "305' .... 3'06

152 1 73 539
..626"15'0' .

166 .

4.

1 72

1

407

132

514642' ..... '1l"023 i

7

2

0

0

14

4

0

0

324 40 37 31

3

0

1

1

10,2"4000 00

0

37

36

2

0

53 . 53 . 10

6 2,409 2,115

294

1

84

70

15

0

66

67

11

0 ;1;9;43

Upson

312 304

8 55 55

0 40 40

0

Walker

200

W<iito'ri ....... 736

213 623

2 113

133 ..1.4.7........1... 129 241 206 35 114

136 97

1 17

Ware

*

*

*

Warren

9

9

3

1

1........0..... 7 ...3......1.2

Washington 174 167 10 15 16

0

5

5

0

Wayne

182 108 74 22 21

1 57 53

4

W~~ Wh~~'I~~"

6

6

0

1

1

0

2

2

0

19 21 07 7 0 4 4 0

White

86 77 20 35 32

7 27 29

4

92 92

0

0

0

0

499

491

8

53 52

1 29 28

1

544

576

6

62 .548 2"35" .'il i'" '1'8' .... i ",3881;197" '1'91'

**

*

*

*

6

6 .o 0

0

0

2.3

19

15

10 11

o

1

1

0

205

200

10

28 20

8

0

0

0

289

202

87

1........1..... o

0

0 ...0..........1.0.........1..0..........0.

22o1 1 0

33

35

0

19

4 21

0

0

0

167

142

52

.W..h.i.tf.i.e.l.d........3.7.0.....3.1..2.... 41 265 2.30 34 3.99 340

8 203 . 161 . 22 .. 2.87 252 25

1,52.4 q9?

1}0.

Wilcox

20 15 14

1

1

0

0

o 4 13

2 22

0

0

0

34

18

40

Wilkes

57 58 10

5

5

0 24 21

5

6

6

o0

0

0

92

90

15

Wilkinson

51 33 37

7

542

3

0 49 47

3

2

2

0

111

90

44

Worth

*

*

*

*

*

*

Total

56,40249,90413,811116,45014,231 4,32115,72813,328 2,457116,18213,297 3,60615,151 4,020 1,7271 109,777 89,089 23,412

Note: 150 of 159 counties submitted caseload data as of January 9, 1996.
1*1 Caseload data not submitted.
INlA] Data elements not available.

28

- - - - - - - - - - - Probate Courts - - - - - - - - - - -
County probate courts exercise exclusive, original jurisdiction in the probate of wills, administration of estates, appointment of guardians and involuntary hospitalization of incapacitated adults and other dependent individuals.
When provided by local statute, probate judges serve as election superintendent and appoint persons to fill public offices. All probate court judges administer oaths of office and issue marriage licenses. They may hold habeas corpus hearings or preside over criminal preliminary hearings. In counties where there is no state court, probate courts may also hear traffic cases and violations of state game and fish laws. If there is a demand for a jury trial, these cases are transferred to the superior court.
In counties with population greater than 100,000, where the probate judge has practiced law for at least seven years, a party to a civil case has the right to a jury trial if so asserted by a written demand with the first pleading. Appeals from such civil cases may be to the Supreme Court or Court of Appeals depending on the particular matter.
Most probate court judges are elected to four-year terms in countywide, partisan elections. Fulton, DeKalb andBartow Counties hold nonpartisan elections. Beginning with the 1996 election, 14 additional counties will hold nonpartisan elections: Banks, Brantley, Butts, Camden, Decatur, Gordon, Harris, Lamar, Laurens, Oconee, Oglethorpe, Pierce, Upson and Wilkes Counties. A candidate for office must be at least 25 years of age, a high school graduate, a U.S. citizen and a county resident for at least two years preceding the election. In counties with population over 100,000, candidates must fulfill additional qualifications concerning age and practice of law.
Probate court filings and dispositions for fiscal year 1995 are presented for counties submitting caseload data to the Administrative Office of the Courts.
29

Probate Court Criminal Caseload, Fiscal Year 1995 (docket entries)

County

Misdemeanor

Filed

Disposed

Traffic

Filed

Disposed

Total Caseload

Filed

Disposed

Atkinson Bacon C

o

o

Baker

Banks Barrow

94

99

o

o

Bartow B~~ ~iiil

. . . . . . . .3.9. .7. 47

...... )97 37

Berrien
B.lec.kl~y' . Brantley

*
o . . . . . . . . . . . . . .
79

o. . . . . . . . . . . . . . . . .
79

Butts"

91

103

CCaalmhoduen;, .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *. . . . .

112

130

Catoosa Charlton"
. Chaiiaho;;~hee
Clay

*

62

87

*

25

24

Columbia

Cook Crawford

*

138

111

Cbarisdpeb . ........... ,

O ,, , '0

* 189
1,405 5,756 6,1.51\
888
825 1,238 1,850
. 5,174
266
1,968
i ;275'

189
1,387 5,756 .... 6,1.58 ..
736
... 1,1.1.0. 1,238 1,431 . 6,662
2,2()1
*
307
1,837
'1',46 i

189

189

........ 1,499
5,756

1,486 5,756

6,55.5 . . ..6,5.55

.

935

773

*

*

. . . . . .8. .2.5. . 1,317

. ..1.'.n.0. 1,317

1,941

1,534

5,286

* 6,792

1 ,94.5 *
291

.. 2..1.88 .
*
331

2,106
i :27'5

1,948
'1',46i*' .

Dawson

96

75

1,326

921

1,422

996

[)odge .... Dooly Douglas Echols Fannin Fayette
Floy<l .. Franklin Gilmer G. .l.a.s.c. .o.c.k. Gordon
Gradv"
Greene Hancock Haralson Harris" Hart Heard"
f-ienry Irwin jasper johnson jones" Lamar Lanier Laurens Lee Lincoln L~~pki~ Macon
MMaadrisioonn' .
McDuffie
MMecirniwtoesthh"er"
Monroe Montgomery Morgan

* * *

144
38
o
*

.

.*

68

21

. ......1.2..8. *

105
......o....
147

78

.

95

144 36

.......... ..0 *

*

.

.*

76

42

..12.1..

85
o
150 78
83

154

154

54

37

.i i6

o

*

..........

*

o

o

o

o

o

o

.......o...........

o

98

85

185

181

*

o

o

*

*

* 856 2,311
J,DlO

*

828

1,000

972

2,240

2,349

2,276

. 4,966

.

...7m.O . . .

.. :4,~.~?

.

*

*

*

*

3,949
o

.

1.,87:4

2,309 ),48.1
712 766
.7,497.

1,314

3,715
o

. .1;7.1).

.

2,026
..?,?()5 .....
686
766
7.'3~5. . *
1,314

4,017 21
.2,00.2
2,414 3,4!l1.
859 844 7~59.2 ..
* 1,468

3,791 42
..1.,.834 .
*
2,111 . .....3,.505..
836 844
...... .7<478.
1,468

2,270

1,437

2,324 *

1,474 *

.4;6i':i 4ji5

4,748 4,49f .

1,649

1,743

1,649

1,743

...........................
*

1,195

914

. . . . . . . . . . . . . . . . . .*. . . . . . . . . . . . . . . . . . . . . . . . .

*

1,195

914

.... ..... . 933

94; .

*

933

941

2,283
..... ;;92o4

2,124
.......64 .. , .. 1,498

2,283
2,oioi

2,124 64
1,583

13,643

12,971

13,828

13,152

2,571

* 2,436

* 2,571

2,436

Iv\urray

*

*

30

Probate Court Criminal Caseload, Fiscal Year 1995 (docket entries)

County
Newton Oconee"
OPgalueidthinogrbpe .
Peach" Pickens
pike .
Polk Pulaski
Qi.iitiriiui
Rabun Randolph
sdiieY" .
Seminole
TStaelwboartt ..
Taliaferro Taylor"
Telfair" .
Terrell Thomas" Towns" . Turner Twiggs"
Union .
Upson Walton
Warren
Webster Wheeler"
Wtiite
Whitfield Wilcox Wilkes Wilkinson
Total

Misdemeanor

Filed

Disposed

6 ..........
32


6
6
..... ~

78

74

.............. '*'"

*'

.......2.4*.

47

*

40

36

0 0*

Traffic

Filed

Disposed

Total Caseload

Filed

Disposed

2,726 615
i ;iii9
4,789
~
2,412 1,254

*

2,726

2,726

615

621

694 i,i'ii

4,789

4,789

.

2,252
1,.2..54*'

2,490 1,254

2,726 621 "700
4,789
2,326 ........1..,2..54'*'

...........3.,.0.2.8*.
1,768
3;i 6"1

4,.6.3. 0*'
1,516
"3,159*

3,052
1,808
.... 3,i67*

4,677 1,552

........... 65 52 ..............2. ,'937557 ...........2.,48"0033

i . 2,357 ~040

55

36

15733154

2,383

2,283

2,438

..

243 2~~ 2"9167

55
i~6

55
I~~

5,086 . . . . .1,919612

3,834
. "1','1'8662

5,086 1,217
1", i " 1 f

.....2,845035
2,319
.... 21547
3,834 1,217
.. ;;338

148
0
* 10 0 48
81 . . . . . . . . .4.0. . .
3,463

138 94,18"919

.100
48

544 786 14,259

4,447

5,047

,.,6M9,.7

.......... 355583
14,259

....... 758564
14,307

75

983

878

1,064

28

457

396

497

3,342

150,277

144,474

153,740

..4';,056845
368
.. 553
14,307
953 424
147,816

Note: 40 probate courts with criminal jurisdiction submitted caseload data for 1995.
[*1 Caseload data not submitted.
a Reported three quarters. b Reported two quarters. C Reported one quarter. d Data from calendar year 1994.

31

Probate Court Civil Caseload, Fiscal Year 1995 (docket entries)

County

No

Administration

Probate

Year's

Habeas

Administration Necessary Common Solemn Guardianship Support Hospitalization Corpus

Total Civil

licenses Marriage Pistol

Appling Atkinson Bacon" Baker Baldwin Banks Barrow Bartow .B.e.n..H..i.l.l .. Berrien Bibb Bleckley"
Braritley

2
25 7
25 66 14
84
.. 1'25.

3

12

3

114

o

o

31

2

2

62

10

o

246

5 .............1.............4.9.. *

23

12

451

0
0 .

... 42

21
34

Brooks

.Bryan ...

14

Bulloch

23

Burke

*

Butts

5

Caihou~

3

0

29

2

1

90

2

38

Camden

19

Candler Ca;;~il

......* 55

Catoosa

*

CChhaarthltaomn" .

23 160

Chattahoochee

CChheatrtookoegea''...

11 42

Clarke

55

Clay

1

Clayton93

Clinch"

5

Cobb. . . . . . . . . . . . . .1.7.6.

Coffee

23

Colquitt

18

Columbia

*

Cook

*

Coweta

40

Crawford

8

Crisp

Dade"

5

Dawson

10

DeKalb

763

Decatur

35

Dodge

*

Dooly

Dougherty

81

Douglas.

26

Early

6

6
*
1 27
*
2 9 13
o
15
o
36 8
12
6
o
o
.......... 4 71 1
8 5 2

29

2

192

o

. 17

44

540

. . . . .4. . . . . . .

34

13

160

10

201

2
.. f8

9
.. "3bi

o

4

34

871

3

71

5

97

5

160

o

17

2

6

0 ...... .2.2 .

235

1,209

9

117

*

10

208

1

134

2

25

Echols
EEfflibnegrhtam''

36 1"(

Emanuel

16

Ev.a. n. .s. . . . . . . . . . . . . .11

Fannin

16

Fayette

24

FFloorysdyth

48
.,..5.

.

* 4
3
9
.....2...... 2 2
'46"

18o
1
o o
5 5
2

5548
55 22 40 118 280
i24

Franklin

Fulton

530

Gilmer

*

134

172

1,710

2
26 2
82 86
9
112 4
6
26 43
6
16
*
41
.13 465

*

*

*

o

o

o

8

27

22

*

5

167

o

352

376

370

11

o 8 .......................5.9......... 57

110

10

38

o

221

265

355

11

81

o

500

475

932

1

15

o

94 ........2..1.6..... .....1.6.4...

*

*

*

*

*

39

27

o

748

1,391

1,036

..... 24 .... 0o

o

33

73

169

o

. 6" i 32 7'5

*

. .4. . . . . . . . . . . . .9. . . . . . . . . . . . .0. . .

85

. 111 .

187

4

43

0

206

341

263

*

5

6

o

6.3. . . . . . . . . . .102

115

*

*

*

5

73

584

150

*

*

30

o

327

810

614

o. . . . . . . . . . . . .5

76

128

o .......5.9..

o

1,440

*

.1!~.1.3 . . . . .

37

1,849

1,431

9.

0

. 18

66

30

29

82

11

66

o o

34798

53917

7"5989 .

o

438

693

553

010

359

. 54

52

2

15

14

24

0 .... 893 .. 2;380 ..... i.sss'

8

0

0

o

17

26

7

461

.

66

21

3

11

5

11.9 . . . . . . . . . .2.1

0

o

21

o

.. 1,784: 129
169

4,44.1. . . 325
358

. . 3!4~2. 201
195

...

*

.......

*

*

*

*

95

18

54

o

378

554

666

20

2

o

o

47

59 .........8.9...

*

11

0

3

0

27

462

20

7 1,664

5

15 .......... 0

63 ...........8.3..... ......1.4.5..

202

721

7

4,872

4,640

4,453

32

5

29

0

228

234

122

*

.......... '*"
*

"*"

**"

95

5

115

0

522

936

812

81

16

0

0

263

778

686

10

1

8

0

54

76

114

1.3;26

14

34

;0,.0

23

7

25

9

......o....

12

21

8

12

*

o

296

o

i04

o

136

oo..

..

.

..

..

.

.

56
99

*

352

407

.i 32 .. i"4s

172

124

....8.3............7.9...

122

218

74

21

1

1

246

706

758

72 19

13

90

4 " 0

o

514

772

821

o

178 .5;"35"79

1,555

136

27

4,265

6,356

3,244

32

Probate Court Civil Caseload, Fiscal Year 1995 (docket entries)

County

No

Administration

Probate

Year's

Habeas

Administration Necessary Common Solemn Guardianship Support Hospitalization Corpus

Total Civil

Licenses Marriage Pistol

Glascock

Glynn"

36

GGorraddonya" '219'5

Greene

11

Gwinnett

115

Habersham"' 39

Hall

57

Hancock

Haraiso~

26

Harris"

11

HHeaartrCld

13 8

Henry

41

Houston"

21

iiWirl

jackson"

24

jasper

6

jeff Davis

T

jefferson

jenkins
. johriso~

jones"

15

Lamar
Lariier

Laurens

33

.. Lee
Lib~rty

8 70

Lincoln

Long

10

Lowrides 49

Lumpkin

Macon"
Madisori

7

Marion

6

McDuffie

16

Mcl~t(;shb

6

Meriwether"

21

Millerb

o

MhcheHa

8

Monroe

10

Montgomery
iV-forgan ....

Murray

Muscogee
NeWion

.

.1.5.3.-

Oconee"

6

Oglethorpe

16

Pauidirigb . ,.i

Peach"

8

Pickens

Pierce

*

Pike

*

Polk
'P~I~~ki'

2'20"

Putnam"

3

Quitman
Rabtjri .

*

Randolph

11

Richmond

130

Rockdale

25

3 4 7 2 . . . . . . . . .1. 5. . . 10 11

4

79

39

36

3

65

38

3

1

52

33

0

4

26

16

0

20 3

515
"i 55

.

.

.

.

.

.

.4. 3. .8..
53

114 5

4

282

64

19

19

0

216

22

. . . .0. . . . . . . . . .1. .6.4.

29

0

137

21

0

80

36

2

1(255..

4

0

269

27

0

464

..................................

................ ............... . .............

3

1

71

40

13

25

0

179

o

2

67

8

10

0

0

98

. . . . . . . . . .3. . . . . . . . . . . . . . .0. .

3

0

60 32

... i95

8 5

23
i5

0 0

...

711i6i

14

5

157

122

29

29

0

397

. . . . . . . . . . .7. .
*

1

102 .........7.1.

. . . . . . . .9. .

21

*

*

*

0

232

*

9

1

76

20

15

27

0

172

1
T

0
0

........ 218j

6
8

9 0

1
0

0

41

0 3j

460

225

270

344

181

122

67

114

...

3!66? 26

9





3,339730

901

867

215

240

176

197

102

144

85 il"

590

977

410

554

*

157

236

77

121

135

80

.

.

*

4

2

45

22

2

13

0

103

* ............ ......................

*

*

*

. . . . ... . . . . . .

*

*

7

5

105

24

4

44

0

222

.3

.

1

2

o

23

3. 4

106

264

2

.8

6

25

0

79

0

473

*

.. 11 550

10
..... i58

13

1

12

0

47

50 i6 43 0 j36

o

2

23

4

6

39

82

o

2

18

3

2

o

0

31

11

0

6.8...........3.1..............1........ ...2.2.............1..........1..5.0...

1

0

10

2

1

9

0

29

3

7

25

21

5

13

joO03152 i45

0 1

....og

0

95

00 .. 1i,6.

o

5

*i

.*'15

... ... .. ..9>Ii"

40

26

39 6

2
.... T3

513 . '*'

'* . 293

.. .....8.9>Ii .

,.,8

0

... .... .....
0

..125

. . 0.- .

91
.... 76
1,1..9.7,;

3

2

34

32

..

0
3

... 0
0

..

..

32
55

.....

21
32

0

0

60

7

0

7

0

84

3
4:

..100

ios 6 ... .. 0 ... ..... 82

2

4

0

81

... ... ..
*

. .. .... ..... ....

117

185

364
138 . 547

323
264 . 116

40

47

842 49i

72

86

50

39

152 .

223.

27

30

81

147

24

26

.i {5

98

125

260

9,.9i

1,993

705

">Ii ....... ':t:"

81

155

74

161

.2i5 320

102

113

4

1

9.8. . . . . . . . . . .2.3. . . . . . . . . . . . . .3. . . . . .

79

. . .o. . . . . . . . . .2. 2. .8. . . . . . . . . . .3.1.5. . . . . . . . . . .2.9 0

4

3

26

11

0

o

o

46

89

111

3

3

19

11

0

4

o

43

52

82

.

.

*

1

3

23

3

o

4

o

45

62

102

50

26

422

143

163

137

o

1,071

1,402

1,103

5

o

125

129

24

o

o

308

563

628

33

Probate Court Civil Caseload, Fiscal Year 1995 (docket entries)

County

No

Administration

Probate

Year's

Habeas

Administration Necessary Common Solemn Guardianship Support Hospitalization Corpus

Total Civil

licenses Marriage Pistol

Schley

*

Screven

23

7

SSepmaifndo(nleg 310'7

6 9

*

*

*

*

o

28

12

6

8

1

85

87

99

o

27 ........6......... . . . . 0. . . . . . . .

.7.......... 0

56

534

66

4

163

91

27

39

0

370

508

651

Stephens

S..t.e.w..a.r.t .....

*

Sumter

19

Talbot

4

*

.................................... ..................

*

o

3

85

19

7

15

o

148

272

294

o

o

31

7

1

1

o

44

22

81

Taliaferro
. Tatt~aH""
Taylor"
Telfair"
TerreU
Thomas
Tift T~~~b~'c' Towns

27 9
....98
21 28
7 7

o

... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~

0

36

29

3

1

1

24

o
3

.

. ... 02" . . .. . '3292'

12

1

i'15 ...... a0

2

5

118

30

3 ..........2............6..7..... 26

4

0

24

9

1

0

31

11

7

.

2 ,.

2

2

6
,o
...4 ...
474 34 2 1

*

o

101

o

48

o

40

"0'

64

o

657

o .......1.6..2.

o

48

o

53

136

101

91

121

63

51

83 .... "';44"

422
44..0... 84 41

196
. 390 . 57
114

Treutlen Troup Turner
Twiggs.".. Union

60

4

8

169

51

7

o

0

28

12

6

o .........................3.......... 19

2

12

2

5

39

24

18

52

2

2

5

49

3

o

.............

0

362

514

611

0

51

62

70

0

84

46

71

0

85

119

159

Upson

*

*

Walker"
Walton

30 ...............7...............9......... 127

37

17

4

126

58 ..........1..3.....

36

36

13

41

0

28.0......... 99

253

2

276

315

457

Ware

21

.....' '2 Warren"

0

Washingio~'"

12

5

93

15

o .....................1.............3.2........ 3

3

4

40

16

13

31

3 .........4.

2

2

0

190

374

.....0......
0

.... 4739..

35 96

227 77
"i2'g'

Wayne Webster
Wlieeler" . '1

.,*
""

* *
"'0

* " .. 4 " " (j

* .. 0 ........ (j'

*

*

*

*

*

o

"'(;'

. ')'3

1'2'.

White

4

2

3

45

8

1

14

0

77

166

109

Whitfield

54

Wilcox

*

Wilkes

19

Wilkinson

18

14

2

206

40

13 .......3.9....

0 ........3.6..8..

502

505

*

*

*

*

o

1

47

24

o

20

0

111

51

73

2

o

34

13

1

19

0

87

65

143

Worth

13

4

1

63

35

3

13

0 . . . . . . . .1.3.2. . . . .......1..8.1

....2..3.4...

Total

4,249

789

818

13,729 8,701

1,612

3,806

78 33,782

54,763

46,182

Note: 114 of 159 probate courts submitted caseload data for 1995.
[*J Caseload data not submitted.
a Reported three quarters. b Reported two quarters. c Reported one quarter. d Data from calendar year 1994.

34

- - - - - - - - - - - Magistrate Courts - - - - - - - - - - -
Magistrate court jurisdiction encompasses civil claims of $5,000 or less; distress warrants and dispossessory writs; county ordinance violations; misdemeanor deposit account fraud (bad checks); preliminary hearings; and summonses, arrest warrants and search warrants. A chief magistrate, who may be assisted by one or more magistrates, presides over each of the 159 magistrate courts in the state.
Magistrates may grant bail in cases where the setting of bail is not exclusively reserved to a judge of another court. Magistrates also administer oaths and issue subpoenas, as well as sentence up to 10 days imprisonment for contempt and/or fine up to $200.
No jury trials are held in magistrate court. If a defendant submits a written request for a jury trial, cases are removed to superior or state court.
The chief magistrate of each county assigns cases, sets court sessions, appoints other magistrates (with the consent of the superior court judges) and resolves disputes among magistrates. The number of magistrates in addition to the chief is usually set by majority vote of the superior court judges.
Chief magistrates are elected in partisan, countywide elections to four-year terms, unless otherwise provided by local legislation. Terms for other magistrate judges run concurrently with that of the chief magistrate who appointed them.
To qualify as a magistrate, an individual must reside in the county for at least one year preceding his or her term of office, be 25 years of age, and have a high school diploma or its equivalent. New magistrates, unless active members of the State Bar, are required to complete an initial40-hour course for certification. All magistrates must attend annual 20-hour continuing education seminars to maintain certification.
Judges of other limited jurisdiction courts may also serve as magistrates in the same county. At the end of fiscal year 1995, 159 chief magistrates and 306 magistrates served in Georgia; 24 probate judges, two civil court judges and three juvenile court judges or associate judges were among this number.
Magistrate courtfilings and dispositions for fiscal year 1995 are presented for counties submitting caseload data to the Administrative Office of the Courts.
35

Magistrate Court Caseload, Fiscal Year 1995 (cases filed)

County

Warrants
Issued
..........

Bond &

Commitment Criminal Cases

Hearings Filed

Disposed

Civil Claims Filed Disposed

Total

Other Civil Cases Warrants &

Filed

Disposed Filings

..........................

Total Hearings &
Dispositions
. .............

Appling Atkinson?
Bacon Bak~~" Baldwin a
Banks
Barrow
Bartow"
Ben HiW
Berr'ien'

814

644

467

338

28

102

......4.1.3.... .

268

1,013

33

. . . . . . . . .6.7. 9. . . . . . . . . . .1. .89

1,865

905

......2..2.9.
*
18
234

1,445

N/A

1,009

1,242

817

458

'''''''85''' b2

244
. . . .2. .2.9. . . .
158 14
234 N/A
.. 1"7'0;

712

428

.215
386

134 386
*

637

637

202

200

566

566

1,105

N/A

873

735

. 5"38" 376'

167

167

2,160

1,483

58
374


713
370 .. 1!40.2 .





162
1/2.5 3..

584

584

2,234

1,412

102

100

1!00.1

5.03.

829 939

829 N/A

3,494 4,498

2,534

824

812

3,397

2,534

2i5;;4 i,940 4'9;

Bibb

7,464

Bleckley
i3rantley" .

........... '18'4164"

4,078

3,349

161

383

93 4'4'

2,732 305
... 45

4,173

5,368

281

353

... ;16 '1;6

2,212 221
"24

1,849

17,198

268

1,699

24 " 3 3 0 '

14,027 1,087
i78 ..

Brooks

569

~ryan

.

Bulloch"

. . . . . . .8.5. .7. . . 2,202

Burke"

608

Butts
. Caih~;';~"""""""""';""

Camden

.C.a.n..d.l.e.r.. Carroll

Catoosa

Charlton
Chath~im' .

.

Chattahoochee

Chattooga
cherokee'

1,161
.....
2,510 1,992
570 . 10,068

"'5,"366'"

373 . 163
144 152
297
872 669 504 8,291
*

1,827

165 25 .
4
1,059
..
1,334 1,772 ......2..8.2. 4,459

"33"2"

152 . . . . . .2.4. . . . .
4


765

365

34.3...........3.1.0.

582

816

352

386

1,053
1,240 761 234
5,765 *

737

601

..

.

1,537

1,012

543

545

2.73 7,867

228.
4,834


375 ....1.59
527 212

470
1,359 610 151
10,062


244 .. i)j8886S .. ;;6i1

305

1,874

13.5

1!38.4.

505

3,315

163

1,172

430
. 1,342
495 89
1,185


3,427
6,740 4,917 .1 !27.6 32,456


i;;il1il~40:f

1,195 . 6.32 .
1,469 701
* 2,381
4,466 2,470 lP55 . 20,075

4,;-i3..

Clarke
Clay" Clayton

7,550 52

3,751 34

4,636

.. i"0,"760 .. 'f;;6; (;..... i ;993

Clinch Cobb? .
Coffee

477
1.9,C!30 4,522

11
15,)93.. . 637

88
6,12.4 85

Colquitt Columbia
Co<Ji<o .

2,034
..1.'.841. 536

151

5

279

2,225

6

235

Coweta

2,768

64

1,112

Craw..f.o.r.d."

.

Crisp

2.91... 1,378

Dade?

294

.D.a..w.s.o..n............. 630

Decatur

1,194

DeKalb b

12,014

.oo~ge.... Dooly

. 1.'.009. 465

137 1,117
123
536 239
23,738 43

N/A.
621
3.3 N/A
1,412
.304

Dougherty

4,506

6,313

Douglas"

3,552

E'<idY"" . ........... '682'"

'212M3

1,051 74
0..

Echols Effingham
Elbert" ..

1,192
.'1:3; 4'

. '55051;'

145'54

1,579 2,184"

1,567

1,298

23

24

2",2"63""724'

274

274

2,372 17
. 'f; ;79;
118

255

16,125

6,883

13

92

71

. "8;36'3 '26;807'" ... 2;3)187"....

80

957

365

6!12.4 85 5
.. 1!79.9 2
594
N/A.. .
483

;3/4.92. . 1,616
1,853
9.34 292 1,305 ~/t\ 717
112

2 81.8 1,616
20
.7.81 231 924
N/A 673
72

2,.523 1,364
574
609 146 1,400
N/A. 724
14

1,31.5
278

.31,16.9 7,587
4,466

276

5,609

100

1,209

1,010

6,585

. ..N/A. .

29.1

649

3,440

12

420

.25A50 . 2,616 176 .3.,1.~5 . 339 2,592
1.3.7 . 2,922
207

12

2.24

359

118

C!

1PO.5.

.9.07 ..

N/A 1,937

857 2,838

N/A 1,590

395 25

N/A

2,446 16,289

239 27,265

y5..... 590 273

383 67

240 139

135

2,143

693

40'

8if

150

984

3,117

69

616

" ' 0 ' 60i

2,746 668
. "60;

4,391

2,826

13,065

12,869

1,454

86

5,696

946

359 "359 .. ;;642 .. i",iii"



14859 . ..... 416728

122

217

422 '295

217 123

1,732 2,i2"5

..



U988s5

....

Emanuel Evans" Fannin Fayette

928 415 579 1,413

510
. .1.0. 7. . . . . . . . 120
1,115

483

341 532

450

1,149

1,081

564

426

3,124

2,467


129

216

178

258 ...... 158

15s3ci 1.6343'

i )7.6847'

419 4'70"

324

616

570

414

322

2,975

2,331

(orsyth Floyd

..3,.844...

1,849 C . . . . . ..

Franklin

801

Fulton

11,969

G i l m e r.". . . . . . . . . . . . . . . . . .5.42

2,402 .. '570"
585 23,273
60

1,56.4. 448
377 32,562
200

. 1!6.11.. 448
337 22,100
126

... 3.'.1.83 .. 344
525 8,241
422

1,873 344
568 3,947
344

.. 3,537 338
310 42,673
161

1,053. 338
133 15,820
120

12,128 2,979
2,013 95,445
1!H5

6,939 ;);00
1,623 65,140
6.50 .

36

Magistrate Court Caseload, Fiscal Year 1995 (cases filed)

County

Warrants Issued

Bond &

Commitment Criminal Cases

Hearings Filed

Disposed

Civil Claims Filed Disposed

Total

Total

Other Civil Cases Warrants & Hearings &

Filed

Disposed Filings Dispositions

Glascock Glynn"

20 2,657

2 2,533

952



50

889

1,668

25 1,668

12 1,613

GGorradodny

.

...2,.929... 1,440

727 468

979 222

267 609

1.'3.68.. 1,340

1,910h1

914 564

Greene!

695

563

68

53

509

423

213

.G..w.i.n.n..e.t.t.. Habersham

. 1.,78

5, 4 5 :t

1,937 ...... 1,166

3.,742

3,1.40
*

8,527.

Hall

4,711

6,315

2,740

1,978

1,747

1,861

2,121

. Hancock
Haraiso~

392

337

847"

83

27

27

646

632

234

22383273

166

Harris

952

312

170

159

433

412

284

"HHaeratrcl c

906

864

182

80

449

310

210

. .... "J2i 694536 i6i .... 196 60

5 1,613

82 6,890

32 6,703

38

6,190

1,933

535 3,566 2,725

33

1,485

1,072

5m.2 1,734

24}9.1.4 11,319

19.92 ..
*
11,888

231

1,299 ....1.'2.27..

126 {,398

484

278

1,839

1,161

172 4"J

1,747

1,426

687 344

Henry
hHvoiiuns"ton"

2,167

3,982

777

788

.

...5. ,"4J935

i



3,649440



1,032 ,"J



1,032 13"

940
1,s3o70i

1,119

1,088

1,270 "Joi





12,3i414

246

4,972

6,135

1,290

9,241

7,286

i 7"9867"933

jackson jasper"
jeff Davis
jefferson
. jenkins
)ohnso~
jones Lamar?
"Lanier" .

2,444 141
. 659
1,132 373 462
635 838 2ii

409

3

64

19

. . . 338

"35"J

4

629

1,323

19

106

124

353 577 ... 584

677 45

285

136

84 472



285

1,107 566

1,107 410

25248 2i 8



511 382

344 378

16i'7i17185185

735

884

85

50

3M . . . . 309

3,811
351 . "1",898

2,620
257 1,584

615

615

3,139

2,684

284

238

1,223

693

234

i 34980378

202

101

1,348

529

269

222

1,489

1,072

26

i4539

342

Laurens Lee.b. . . . . . . . . Liberty
Lincoln
Long L6wrides .

3,186 334
2,896 229
369 . 9;25i

2,391 322
1,082 48
147 "3;626

1,103 84 68 35
194 3;5:12

1,093 84 67
35
i,615

1,193

1,149

138

128

1,521

1,102

206

206

184

177

i,826 "J3i"

1,234 116 981 110
70 2;295

1,231

6,716

5,864

91

672

625

664

5,466

2,915

109

580 817

398 324

6517,8945,638

Lumpkin" Macon" "Madfson': .
Marion C McDuffie "Mclntosh

576

524

. . . . .3.3. .8. . .

69

377

210

122

108

808

68

603

460

152 42

121

203 . 300

153 . 93

141 182

353

138

368 87

334 67

117 122

447

73

1.'~73..

749

746

97

72

293235

50

102

1,072

900

50

862

212

108

1,215

790

39

331

214

750

3,0741A40.

42 . i,043

809

Meriwether Miller "Mitcheli

826

24

233

233

754

755

368

368

2,181

1,380

Monroe
"MMonotrggoarnnerys.
Murray' Muscogee Newton .

743 190

316

666356

1,030

333

3,52i 805

104 75

83

755 215

616 200

428 37

2i9
481

i2439726i"309

10

914

652

1,058

180

1,720 i,439 ,))40 826 1;184

346

2,030

37

517

i59"1",60i
3,077 1,058

. 67"4 7,465

1,361 237
900
343
180 3",7"44

Oconee
OPgalueitdhionrgpe..

741
338 1,662

1,013

70

31

267

62

62

i 83 . 365 29i

267

159

228

170

1,306

1,373

315

315

83

83

798

727

452

"363 .. 5i 2486

. i,33i .. (31;7

Peach"
Pickens" Pierce

334

228

250

131

301

150

212

41

464

15

232

33

242

233

121

50

1,133 26i i6 ..... 25323267i 35 3"J

1,097

550

1,059

331

1",61"7587"

Pike Polk Pulask] ..
Putnam"
QRuabitiminabn .
Randolph Richmond Rockdale

504
443 524
* 356 303 11,585 .........2,.490

314

48

48

259

249

237 294
6 29 1,778 1,59(, .


i07 .
28 2,184 . ... 1,48.0 ..


i1i
29 1,550 .. 1.-0.73.

294

193

392

392

13i 304 4,924
..... 9.12

166 289
3,953
.7 7

95
138 216
45 69 6,363 1,275 .

83

906

694

67

875

497

131

1,132

817

53

639

336

69

704

416

4,271

25,056

11,552

1,265 . .... 6!2.1.1 . ..4J04 .

37

Magistrate Court Caseload, Fiscal Year 1995 (cases filed)

County

Warrants Issued

Bond &

Commitment Criminal Cases

Hearings Filed

Disposed

Civil Claims Filed Disposed

Total

Total

Other Civil Cases Warrants & Hearings &

Filed

Disposed Filings Dispositions

Schley

75

77

10

3

121

72

44

Screven Seminole Spalding

. . . . . . . . . . . .2.2.4. 5,574

*

71. . . . . . . . . .1. .6.8. . . . . . . . . . .132

4,062

1,496

1,257

236 1,599

236 1,437

. . . . .7. 0. . . . 3,513

Stephens Stewart Sumter Talbot" .T.a.l.i a. .f e. .r r.o. . Tattnall

244 2,095
141
633

94............1.3.........................7.8.............

62

1,017

13

13

2,169 128

2,027 128

1,438 12

*

* .......................

299

553

541

619

619

271

Taylor''

698

143

43

43

360

360

183

Telfair Terrell

626

83 ......2..0.0...... 214

648

513

340

515

365

168

143

402

324

255

Thomas

2,839

1,431

1,038

736

3,463

2,881

1,555

Tift
. T~~~b"sc

.2,.1 7 6 2,691

1 ,0 1 2 129

1(16.6 1,101

0 1,061

. . 1/394. ....1.'~94

595

271

1. ,.297. 531

Towns Treutlen Troup

353

18



*

61

53

15

2,421

749

592

56

4,436

4,066

3,504

Turner

UTwnigiogns .

............ 448544

179 70

..

8819

*

*

64

285

1'2."

. ,80

271

128

180 .

27

Upson

1,151

536

135

85

974

685

672

Walker W~lt~~b .

......1.'.269. 1,019

581 . . . . .1. 8. .6. . . . . . . . 156 .... 1.,1?4.

651

622

429

481

680 493

703 865

Ware

1,997

1,271

2,169

1,501

1,069

900

907

Warren
Washi~gton

160 1,665

7 266

22 322

..................4.3.7...... .....2.1.3...........231

310

1,838

1,871

755

Wayne?

660

272

498

446

589

597

380

Webster Wheeler? White

125

85

3



132

20

43

670

847

197

193

279

229

142

\J\ihitfi.eW Wilcox

1.'.842..

52

1P8

1P8. .1/5.13

1.,.573

1,.1.51 ..

*

Wilkes

366

170

107

5

570

570

333

Wilkinson

460

92

6

5

441

441

190

Worth?

521

..7.1.............................

257

247

99

Total

266,249 174,634 108,857

81,016 131,856 102,467 158,295

21

250

173

* 70
1,579

*

*

. . . . . . 6. .9.8. . . . . . . . . . .5.0.9. . . . . . .

12,182

8,335

10 1,438

*

...3..9.7....... ...1.0.4.......

5,715

4,495

12

281

140

...... *

65

2,076

1,524

183

1,284

729

340 ... 1,8.1.4

34

1,340

1/ ~ .~O . 866

60
1(29.1 . 89

8,895

5,108

6,633 .... P.q3 ....

4,918

1,550

11

429

82

* 2,148

10,953

* 7,019

*

123 24

978 .. 750

. '633476

167

2,932

1,473

3.5..0....... .3,33.2 ... .. 1.-7.6 7.....

796

2,987

2,369

736

6,142

4,408

1.1.3........ ...8..5.0.... .......3.3.3...

651

4,580

3,098

382

2,127

1,697

*

110

303 1,288

105 1,379

996 . ... 6,24.4. ..4..2.99 ..
*

333

1,376

1,078

190

1,097

728

102

877 ......4.2.0...

83,692 665,257 441,809

Note: 140 of 159 magistrate courts submitted caseload data.
[*] Caseload data not submitted. [N/A] Data elements not provided by court.
a Reported one quarter. b Reported two quarters. C Reported three quarters. d Data from calendar year 1994. e Reported only three quarters of criminal caseload. f Reported only three quarters of civil caseload. g Reported only two quarters of criminal caseload.

38

- - - - - - - - - - - - Other Courts - - - - - - - - - - - -
Approximately 400 local courts, along with the two appellate and five classes of trial courts, form the Georgia court system. Special courts and courts serving incorporated municipalities operate under a variety of names with varying jurisdictions.
Originally created by statute or constitutional provision, certain special courts have limited civil and criminal jurisdiction throughout the county. These include the civil courts located in Bibb and Richmond counties and the Municipal Court of Columbus. Special courts authorized to exercise criminal jurisdiction only are the county recorder's courts of Chatham, Columbus-Muscogee, DeKalb and Gwinnett Counties.
Courts of incorporated municipalities try municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and may have concurrent jurisdiction over shoplifting cases and cases involving possession of 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.
39

JUDKCKAL AGENCKES
----------- Judicial Council -----------

The Judicial Council (OCGA 15-5-20) serves as the state-level judicial agency for
administering and improving the courts. Created by statute in 1973, the council has also served since 1978 as an administrative arm of the Supreme Court. The council advises the legislature and the governor on the need for additional superior court judgeships by evaluating circuit caseloads, demographics and special circumstances and responds to legislative directives and individual requests for studies. Council projects promote efficiency in the courts.
Twenty-four representatives of the appellate and trial courts make up the Judicial Council. The chief justice and presiding justice of the Supreme Court act as the chairperson and vice chairperson, respectively. The chief judge and another judge of the Court of Appeals; the presidents and presidents-elect of the superior, state, juvenile, probate and magistrate court councils; and the 10 superior court district administrative judges complete council membership.
The full council meets at least twice each year, as it did in December 1994 and June 1995, to consider judgeship requests and other reports, and the council oversees the activities of the Administrative Office of the Courts (AOC) and the Board of Court Reporting.
The Judicial Council continued its contract with the 10 judicial administrative districts for district personnel to conduct the annual casecount. The AOC analyzes caseload data and submits results to the council for evaluating requests for additional superior court judgeships.
In considering additional judgeship requests, the Judicial Council seeks a balanced distribution of superior court caseload to promote speedy and fair trials. Council recommendations are based on clear and convincing information showing the need for additional judicial personnel.
The council compares the situation of the requesting circuit 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 fiscal year 1995, the council recommended to Gov. Miller and the General Assembly the creation of 10 new superior court judgeships. Circuits recommended are listed in the council's order of priority:

1. Western (3rd judgeship) 2. Augusta (7th judgeship) 3. Alcovy (3rd judgeship) 4. Ogeechee (3rd judgeship) 5. Conasauga (4th judgeship)

6. Cobb (8th judgeship) 7. Coweta (5th judgeship) and
Northern (3rd judgeship) 9. Piedmont (3rd judgeship) 10. Macon (5th judgeship)

The 1995 General Assembly approved creation of all 10 judgeships, to be appointed by the governor for the term July 1, 1995, to December 31,1996. In

40

1993 and 1994, no new judgeships were created by the General Assembly. In the five years previous, the General Assembly had created five or more judgeships each year from the council's recommended lists.
The council voted down requests to recommend division of the Flint and Griffin Judicial Circuits.
- - - - - - - Administrative Office of the Courts - - - - - - -
The Administrative Office of the Courts (OCGA 15-5-22) provides fiscal, commu-
nications' research and support services to all classes of courts. It acts as liaison to other state and national judicial agencies and staffs the Judicial Council, working closely with its chairperson, the chief justice of the Georgia Supreme Court.
Communications and publications Administrative Office of the Courts (AOC) publications provide information to
judges, court support personnel and public and private judicial organizations. The Georgia Courts Journal, distributed to more than 3,000 local, state and national officials, informs readers of changes in court procedure, judicial personnel appointments and elections, recent legislation, court management activities and other events. Five issues were published during fiscal year 1995.
The Judicial Legislative Log is a weekly digest of court-related legislation published during the legislative session and distributed to approximately 1,000 judges, county officers and court administrative personnel.
The Georgia Courts Directory contains name, address and telephone information for Georgia county, state and federal judicial branch officials. The AOC produced the directory, distributing 2,800 copies to judicial branch personnel. The directory is available at minimal cost to attorneys and others.
The 1994 Annual Report on the Work ofthe Georgia Courts was compiled by the communications and research divisions. The report presents caseload data for all classes of courts as well as narratives of judicial branch agency activities.
Twelve issues of the Public Relations Digest, abstracts of news and feature items about the judiciary, were compiled and circulated to members of the Judicial Council to assist them in gauging public opinion about court activities and identifying matters of concern.
Other communications efforts included coordinating media relations and information releases on Judicial Council activities. In addition, the Final Report on the Georgia Conference onSubstanceAbuse and the Courts was published. The 40page report consists of five sections: conference design, invited speakers, specialized workshops, conference recommendations, and response.
Research and court services The research and court services division generates statistical information and
analysis on the work of the courts to identify needs and propose recommendations for improvement. The AOC performs studies as requested by the judiciary and the
41

General Assembly and initiates projects to fulfill its legislatively prescribed duty to serve the courts. The research staff provides information to national organizations, other states and the public on topics such as judicial compensation and fringe benefits, court organization and jurisdiction, jury and records management and others.
The research staff supervises yearly collection of caseload and other data from the trial courts. Calendar year 1994 superior court caseload data submitted by district personnel was audited and analyzed in terms of circuit workloads. Information on caseloads in each of the 46 judicial circuits was presented to the Judicial Council for use in making recommendations on the need for additional superior court judgeships. Three circuit-division studies were also completed during fiscal year 1995.
Projections of caseload were made for several local jurisdictions and special compilations of family court caseload with projections to the year 2010 were provided to the State Bar Commission on Family Courts. Caseload information was also provided to the Supreme Court Office of Dispute Resolution and several court administrators to determine if revenues generated by court fees would support new alternative dispute resolution programs funded under OCGA 15-23-1, et seq.
Research was conducted for the Supreme Court regarding the operation of the New Jersey appellate courts. Caseload projections for the Georgia Court of Appeals and comparisons of caseloads with the intermediate appellate courts of other states were prepared for the chief judge.
The calendar year 1994 salary survey was compiled for personnel from all trial courts. Detailed information on salary, staffing and funding is collected in the survey. Superior court clerks, probate judges and magistrates submitted additional information on county retirement and health plans. Magistrate court budgets were also included. Two special compensation reports were compiled: one for the Council of Municipal Court Judges and the second for the Council of State Court Judges. The state court report was used to consider minimum compensation scales for these judges. In several local jurisdictions, job descriptions and compensation information were provided for consideration of the creation of court administrator positions.
In the areas of jury and records management, staff organized a meeting of court administrators and the Secretary of State's Office to discuss ramifications of the motor-voter project on the manner of producing jury lists. Staff also participated in discussions on court records retention with the State Records Committee and worked with the clerk of the Supreme Court and Department of Archives staff to develop comprehensive retention schedules for the court. A memorandum on confidential records was also drafted for a committee of the Georgia Courts Automation Commission.
The research staff provided extensive support to the Supreme Court Commission on Racial and Ethnic Bias. Surveys were conducted regarding attitudes of members of the State Bar and judges, racial and ethnic composition of court staff in the superior and state courts, use of foreign language interpreters and jury box and panel composition. Staffalso assisted in drafting and preparing the commission's final report.
The Supreme Court initiated the Child Placement Proceedings Project with assistance of research staff. The assessment required under this federal grant
42

project was begun with drafting of case file review, court observation, interview and mail survey forms. Data collection for the project was also conducted under the supervision of research staff.

Secretariat, administrative and liaison services

As required by statute, the AGC provides secretariat services to judicial branch

agencies and organizations. The AGC also served as liaison for the judicial branch

with policy-making groups. Some of these activities are described below.

Judges training councils. Along with the Institute of Continuing Judicial

Education, the AGC assisted the Municipal Courts Training Council and the

Georgia Magistrate Courts Training Council in planning their continuing education

programs and maintaining educational certification records. The AGCalso assisted

the Municipal Courts Training Council in devel-

oping its first benchbook. Board ofCourt Reporting. The AGC serves
as secretariat to the Board of Court Reporting and assisted the board in making long-range

Duties of the Administrative Office of the Courts
(OCGA 15-5-24 and Orders of the Supreme Court)

plans for continuing education, administering certification tests, producing rules revisions and implementing a Code of Professional Ethics.
Supreme Court andjudicial organizations. The AGC provided assistance to the chief justice of the Supreme Court and other judicial organizations.
Superior Court judges. The Georgia Superior Court Benchbook was extensively revised

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.

and edited with assistance from AGC staff. State Court judges. The AGC provided
liaison services to the Council of State Court Judges and assisted in tracking legislation, staffing committees and distributing manuals.

4) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation.
S) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system.

Probate Courtjudges. With the Institute of Continuing Judicial Education, AGC staff assisted the Executive Probate Judges Council in developing policy. Staff also maintained certification records as required by statute. The Council of Probate Court Judges was assisted in

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.

distribution of the Uniform Forms, Probate Judges Handbook and supplements; and coordination ofthe legislative, nominating, vital records, elections, scholarship and other committees.

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.

Magistrate Court judges. The Council of Magistrate Court Judges received assistance in updating the Magistrates Benchbook and coordinating executive, budget and legislative

10) Provide clerical, technical, research or other assistance to individual courts to enable them more effectivelyto discharge their duties.
11) Enter into contracts as necessary to perform its other duties.

committee activities.

43

State-Federal Judicial Council. The Georgia State-Federal Judicial Council (comprised of federal district court and appellate judges, Supreme Court justices and judges of the Court of Appeals, superior courts and state courts) received assistance in coordinating its annual meeting. (For more information on the council, see page 60.)
National Association of Women Judges. Staff assistance was provided to the National Association of Women Judges in planning its 1995 conference to be held in Atlanta.
Computer and technical support. The AOC also provided computer expertise and other technical support to judges both through its own staff and through its contract with the Department of Administrative Services.
Criminal Justice Coordinating Council. The chair of the Judicial Council was represented by the director of the AOC on the Criminal Justice Coordinating Council, including service on the Federal Grants Advisory Committee and the Crime Victims Compensation Board.
Georgia Commission on Family Violence. A staff member appointed by the governor served on the Georgia Commission on Family Violence and was elected chairperson for a two-year term. The commission was created in 1992 by Governor Miller and is charged with developing a comprehensive plan to end domestic violence. During fiscal year 1995, the commission worked to establish local family violence task forces and began planning its second statewide annual conference.
Superior Court Clerks Training Council. The AOC assisted the Superior Court Clerks Training Council in planning their continuing education programs.
Law-RelatedEducation Consortium. The AOC participates in the Law-Related Education Consortium, which is composed of criminal justice professionals and educators who promote law-related curriculum in public schools.
Olympic Security Support Group. A staff member worked with the Criminal Justice Subcommittee of the Atlanta Committee for the Olympic Games Security Support Group.
Information Infrastructure TaskForce. A staff member served on the Information Infrastructure Task Force of the Government Services Group working on the State Strategic Plan.
Staff support to commissions Georgia Courts Automation Commission. The AOC provided substantial staff
support and direction to the Georgia Courts Automation Commission. Establishing objectives, obtaining funding and providing administrative, clerical and fiscal support are among the functions performed. (For more information on the commission, see page 54.)
Supreme Court Commission on Racial and Ethnic Bias. The AOC provided an assistant executive director and administrative and technical support to the commission. Staff organized public hearings and forums, and conducted interviews and statistical research. (For more information on the commission, see page 67.)
Supreme Court Committee for Gender Equality. The Supreme Court Committee for Gender Equality was established in December 1992 to implement the recommendations of the Georgia Commission on Gender Bias in the Judicial System. The
44

committee is charged with developing educational material and!or programs on gender equality; developing and participating in programs about gender equality; serving as a resource for the media; advocating legislation and seeking funding; developing a mechanism for handling complaints received about biased behavior; and working with the Judicial Nominating Commission. The committee has 15 members.
During fiscal year 1995, the committee continued to act as a clearinghouse to direct gender-based complaints to the appropriate disciplinary body. An intake questionnaire was developed and adopted. In addition to facilitating the procedure for filing complaints with appropriate agencies, the questionnaire will assist in maintaining records of the nature, frequency and origin of such complaints.
Also during the year, the committee conducted a survey on the appointment of guardians ad litem. The survey, sent to each chief judge of the superior courts, was a response to complaints received by the committee alleging gender-biased behavior and attitudes (against both men and women) among guardians ad litem. The committee concluded from data collected that inconsistencies do exist as to the qualifications and selection of guardians ad litem, and more training programs are needed. The committee plans to address charges of gender-biased behavior among guardians ad litem by incorporating training on gender issues into existing programs.
At the September meeting, the deans of Georgia's law schools discussed how gender fairness is currently addressed in law school curriculum and how the committee can assist with these efforts.
Supreme Court Child Placement Proceedings Project. The AGC provided a project coordinator and staff support to the newly formed Child Placement Proceedings Project. The project, under the direction of an advisory committee appointed by the Georgia Supreme Court, is part of a nationwide effort to assess child placement proceedings in the courts. Federal funding enables each state to evaluate and assess court actions involving abuse, neglect, deprivation, foster care and adoption cases.
Initially, a statewide study of judicial proceedings involving deprived children will be conducted, using surveys, interviews and other techniques. Ten Georgia counties representing the diversity of the juvenile court system will be part of a more complete assessment including court observations, case-file review and interviews with key participants.
The AGC is conducting the assessment, with the assistance of consultants from the National Center for State Courts and the American Bar Association Center on Children and the Law. A report is expected in the summer of 1996 which will include the results of the assessment and proposals for improvements.
The Supreme Court appointed an advisory committee to guide the process and make recommendations. Representatives of the judiciary, child welfare agencies and community members interested in the welfare of children in Georgia serve on the committee.
During fiscal year 1995, project staff and committee members attended the Council of Juvenile Court Judges meeting in Savannah and a Regional Conference on the Court Improvement Program in Washington D.C. The conference was
45
-, .'

sponsored by the W.K. Kellogg Foundation, the National Center for State Courts, the ABA Center on Children and the Law and the National Council of Juvenile and Family Court Judges.
Supreme Court Committee on Substance Abuse and the Courts. An executive director was provided to the Committee on Substance Abuse and the Courts, established by the Supreme Court to follow-up on the recommendations made at the Georgia Conference on Substance Abuse and the Courts.
Financial support for the committee comes from the Criminal Justice Coordinating Council and state funds. The membership, comprised of both court personnel and treatment providers, is designed to address each facet and area in which court systems are impacted by substance abuse cases. The committee has a broad scope for considering the impact of substance abuse and related criminal activity on Georgia's judicial system. Specifically, the committee will:
1. Prioritize the recommendations of the 1993 conference and develop plans for implementation of high-priority items;
2. Study the resources currently available to the courts for treatment of substance-abusing offenders; analyze the strengths of these resources and develop recommendations for filling gaps in available services;
3. Identify the types of treatment-based sentencing approaches that are effective, efficient and consistent with the state's philosophy on the administration of justice; devise/draft protocols for local implementation of these initiatives; and develop an evaluation mechanism for existing and future programs; and
4. Serve as the focal point in the state for identifying federal and independent sector resources (both financial and technical) which may be available for statewide and local implementation of various treatment-based sentencing efforts; assist at the local level in fund acquisition and securing technical assistance needed to implement, evaluate and refine ongoing projects.
During fiscal year 1995, the committee began holding meetings and hosted a forum on the Edward Byrne Memorial Drug Control and System Improvement Grant Program. Co-sponsored by the governor's Criminal Justice Coordinating Council, the forum included discussion of program concepts and application procedures.
Fiscal support services The AOC coordinates fiscal services and annual judicial branch appropriations
requests. The fiscal office performs payroll, accounts payable, cash management, purchasing, inventory control and financial reporting functions for 15 judicial branch agencies.
In fiscal year 1995, the AOC managed 64 separate funding sources, including 30 state fund allocations, 10 federal grants and 24 fee or other revenue sources.
46

- - - - - - - - - Board of Court Reporting - - - - - - - - -

The Board of Court Reporting (OCGA 15-14-24) certifies and licenses all court reporters who serve the judicial branch. Court reporters are prohibited from serving without board certification. The board operates under authority of the 1974 Georgia Court Reporting Act to assist the judiciary by encouraging high standards of professionalism among reporting practitioners. The Judicial Council of Georgia appoints board members, governs official court reporting fees through regulation and adjustment of an established fee schedule and reviews the rules of the Board of Court Reporting.

Certification and permits

The state court reporters certification exam is a skills test in one of three

methods of takedown: machine shorthand, manual shorthand or closed micro-

phone voice dictation silencer. The board held tests twice during the fiscal year.

Fifty-four individuals were certified, and one individual upgraded a certificate.

Certificates are renewed yearly. At the end of the year, 1,097 certified court

reporters were officially registered. This is the second decline in two years,

bringing the total number of certified reporters down to June 1991 levels. New

requirements for mandatory continuing education may be the primary cause of

the decline.

Court reporters who are not certified can obtain a temporary permit from the

board based on certain skills or a request from a local judge. Board temporary

permits are issued for a single testing period and

may not be renewed. These reporters may work

until the permit expires or they become certified. Ten temporary permits were issued during the year.
Twelve judicial permits were active during

Court Reporters: 1993, 1994, 1995
1993 1994 1995

Officially registered

1,186 1,164 1,097

the year. Seven were renewed from previous years, and five were issued by the board at the request of a sponsoring judge. Reporters working under judicial temporary permits are re-

Certificates and permits issued:

New certificates

70 55 54

Upgraded certificates

13

2

1

Board temporary permits

3

8 10

stricted to the sponsor's court and may not freelance. These permits may be revoked by the

Judicial temporary permits

11 12 12

National accreditation certificates 16

25

26

board only with the approval of the issuing judge. By rule, reporters on judicial temporary

Takedown Methods: 1994 and 1995

permits who report more than 100 hours per year must take the board exam until certified, or until the permit is rescinded.
The board also issued 26 certificates to court reporters who met the accreditation

Grandfathered Machine shorthand Stenomask Shorthand notes

1994 1995

103

93

641 584

396 398

24

22

requirements of the National Court Reporters

Association or the National Stenomask Verba-

Total

1,164 1,097

tim Reporters Association.

47

Formal complaints The board investigates complaints against court reporters, including fee
disputes, and administers disciplinary action when warranted. Of the 13 complaints received during the year, 10 were dismissed or no action W1;l.S taken. One complaint filed by the board resulted in a misdemeanor prosecution of a reporter practicing without a license. Another resulted in a letter of concern being sent to a reporter alleged to be reporting on a suspended license. One complaint is still active, with a hearing pending. Five of the complaints filed at the board's request were against reporters reporting in a method other than that in which they are certified.
Related activities Continuing education for court reporters became mandatory January 1, 1994.
All reporters are required to earn 10 hours of course credit per calendar year. A 12-month grace period to make up delinquent hours is allowed before license revocation. Numerous training opportunities are available in subjects pertinent to court reporters.
In keeping with its charge to promote professionalism, the board enforces the Code ofProfessional Ethics and Guidelines for Professional Practice as part of its rules and issues advisory opinions on matters of ethical concern upon request.
- - - - - - - Council of Juvenile Court Judges - - - - - - -
(Annual report for fiscal year 1995, as required by OCGA 15-11-4.)
The Council of Juvenile Court Judges (OCGA 15-11-4) is composed of all judges of the courts exercising jurisdiction over juveniles. Council membership for fiscal year 1995 included 55 part- and full-time juvenile court judges, 54 superior court judges exercising juvenile court jurisdiction and 34 associate juvenile court judges.
Council staff provide support to juvenile courts through legal research services, legislative tracking and specialized programs to assist in protecting the interests of children and the state.
Council policies are set by the executive committee comprised of the president, president-elect, secretary, treasurer and immediate past president. Eleven standing committees-benchbook, education!certification, uniform rules, legislative, guardian ad litem, court organization, grants/unruly and delinquent services, indigent defense, information systems, permanency planning and past presidents-make recommendations to the executive committee. Designated judges act as liaisons to the following agencies: Council of Superior Court Judges; Department of Human Resources (Division of Mental Health, Mental Retardation and Substance Abuse and Division of Family and Children Services); Department of Children and Youth Services; Department of Education; Criminal Justice Coordinating Council; the Governor's DUI Task Force; and the Georgia Courts Automation Commission.
48

Juvenile Information Systems The council, in participation with Canyon Software, Inc. (Phoenix, AZ),
developed a case-management information system now used by 20 juvenile courts. JCATS, the Juvenile Courts Activity Tracking System, is available to the Department of Children and Youth Services for use by court service workers.
The Consolidated Case Statistical Database, now under development, will contain detailed case information for approximately 80% of juvenile complaints filed in Georgia.
Purchase of Services Program The Purchase of Services Program reimburses county governments for commu-
nity-based services that provide alternatives to institutional treatment. Funds made available through the Purchase of Services Program enhance court services through court-sponsored counseling and tutoring programs, substance abuse programs, drug testing, psychological evaluation, community works and restitution projects, and short-term therapeutic programs.
Status offenders and delinquents who are within the court's jurisdiction, but have not been committed to the Department of Children and Youth Services, are the target group for these services. Services may be purchased for delinquent or status offender juveniles only.
Court officials engage qualified local citizens or agencies to provide services. The juvenile court judge determines which children will be referred for services and which services are appropriate for the individual child. The Purchase of Services Program is funded by a grant from the Children and Youth Coordinating Council and state appropriations.
Permanent Homes for Children in Georgia Permanent Homes for Children (PHC) staff provide support and technical
assistance to juvenile court judges and judicial citizen review panels. During fiscal year 1995, PHC staff assisted with 157 citizen panels in 56
counties. In these 56 counties, an estimated 11,000 children were in paid foster care or in institutional placements. Case reviews are carried out by citizen review panels once every six months. The goal of panel reviews is to ensure reunification of the child and parents if at all possible. If reunification is not an option, the panels work with the Department of Family and Children Services and other agencies to identify feasible pennanency options such as adoption. Approximately 800 citizen volunteers served on panels statewide during the past year. Panel members are appointed by their local juvenile court judge and trained by PHC staff.
New foster care review panels were established in Decatur and Seminole Counties in 1995. Nine PHC field representatives assist local citizen review panels.
The Consolidated Foster Care Child Tracking System provides the ability to track the foster care status of deprivation cases reviewed by Citizen Foster Care Review Panels throughout the state.
49

- - - - - - - Council of Magistrate Court Judges - - - - - - -
The Council of Magistrate Court Judges (OCGA 15-10-7), created to further improvement of the magistrate courts and the administration of justice, assists magistrates throughout the state in execution of their duties and promotes and assists in their training.
All chief magistrates and magistrates in Georgia are members of the council. The 28-member executive committee is comprised of six officers, two representatives from each of the ten judicial administrative districts and two members-atlarge. The committee carries out the administrative duties of the council.
The council held four meetings during the year. Topics covered included the Judicial Qualifications Commission, domestic violence, attorneys' fees, media access to the courts and computer programs which assist in taking applications for bad check prosecutions and search warrants. Meetings feature a luncheon speaker and forum for judges to discuss common problems and experiences. At the January meeting, the council sponsored a breakfast for legislators.
Legislative efforts resulted in passage of a bill to increase minimum judicial compensation. Unsuccessful legislative efforts focused on bills to increase civil jurisdiction to $7,500 and to expand criminal trial jurisdiction to include misdemeanor possession of marijuana and shoplifting.
The Georgia Magistrate Court Newsletter was published quarterly.
- - - - - - - Council of Probate Court Judges - - - - - - -
The Council of Probate Court Judges (OCGA 15-9-15), created to further improvement of the probate courts and the administration of justice, is composed of judges and retired judges of the probate courts. The council has developed uniform rules and forms, a probate benchbook and a probate handbook.
The council met four times during fiscal year 1995. Three meetings were held jointly with the County Officers Association of Georgia. Judicial training at each meeting was conducted by the Institute of Continuing Judicial Education. Topics included estate administration, contempt of court issues, judicial disqualification and recusal, the Gender Equality Committee's sexual harassment policy, the Fair Labor Standards Act and a case-law and legislative update.
During the 1995 session of the General Assembly, the council and the County Officers Association of Georgia worked to pass several retirement bills dealing with spousal benefits and options, judges' benefits and contributions, and benefits for the secretary-treasurer of the retirement fund. The bills are still under consideration by the General Assembly. Other proposed legislation would have allowed probate judges to have misdemeanor jurisdiction over less than an ounce ofmarijuana when connected with a traffic violation. The council also changed the name of its training council from "Executive Probate Judges Council" to "Probate Judges Training Council."
The council also published a newsletter on probate law and other news ofinterest.
50

- - - - - - - - Council of State Court Judges - - - - - - - -

The Council of State Court Judges (OCGA 15-7-26) was created to further improvement of the state courts, the quality and expertise of judges and the administration of justice.
The council coordinates its activities with other trial court councils. In developinguniform rules in particular, state court judges have worked closely with superior court judges to establish similar practices. In 1995 for the first time, the officers of the Council of State Court Judges met with the officers of the Council of Superior Court Judges to discuss common issues. This may become a recurring event.
During fiscal year 1995, the council continued its educational efforts and increased the activities of the executive and legislative committees. The work of the strategic planning committee strengthened the identity of the state courts as concrete plans were made to achieve common goals. The council's committee system includes standing committees on strategic planning, legislation, educational programs, new judge mentoring and county probation.
Two annual business meetings were held in conjunction with the spring and fall continuing education programs. The council also published a quarterly newsletter.

- - - - - - - Council of Superior Court Clerks - - - - - - -

The Council of Superior Court Clerks (OCGA 15-6-50.2), composed of 159

superior court clerks, was created by an act of the General Assembly in 1990. The

council furthers the improvement of superior court clerks throughout the state in

the performance of their statutory duties and promotes and assists in their training.

The council, in partnership with the Institute of Continuing Judicial Education,

the Institute for Court Management and the National Association for Court

Management (NACM), finalized plans to provide clerks with the first statewide

records management phase of the Court Executive Development Program. The

training was held in November 1994.

During fiscal year 1995, council officers assisted the Georgia Superior Court

Clerk's Cooperative Authority in its efforts to implement new statutory requirements

relating to uniformity in recordkeeping within the courts, as well as developing

mandatory standards for use in statewide automated indices to real property records.

The Record, a quarterly publication, continues to update clerks on new legisla-

tion' records management, technology, business administration, court manage-

ment, general jurisprudence and other topics of interest to superior court clerks.

In addition, the council provides on-going technical support through its

uee publications, including: the

Update, a newsletter on changes in the Georgia

Uniform Commercial Code; Intangible Recording Tax Laws in Georgia, a review

of statutes, policies and procedures applicable to collection and distribution of

intangible recording tax; and other publications on records management and

administrative procedures.

51

- - - - - - - Council of Superior Court Judges - - - - - - -
The Council of Superior Court Judges (OCGA 15-6-34) was created in 1985 to further improvement of the superior courts and the administration of justice in Georgia. All superior court judges and retired superior court judges are eligible for council membership.
The council's executive committee is authorized to manage the projects and policies of the council. It is composed of three officers elected by the entire membership, the immediate past president and ten administrative judges who represent the 10 judicial administrative districts. Central office staff assist the officers and executive committee identify and respond to policy issues, coordinate committee activities, develop projects such as updates to the pattern jury instructions, track legislation of interest to superior court judges and provide administrative support to the sentence review panels.
The council holds two business meetings each year in conjunction with its summer and winter continuing education programs. Twenty standing committees study and address matters relating to the purposes and objectives of the council. Some committees provide support to judges on matters including continuing education, courts automation, compensation and retirement and indigent defense. Other committees serve as a liaison with court-related officials, agencies and organizations. Council representatives fill appointed seats on panels such as the Supreme Court Commission on Racial and Ethnic Bias in the Court System and the State Bar Commission on Family Courts.
During fiscal year 1995, the long-range planning committee completed its initial phase of strategic planning and endorsed a mission statement and four strategic directions for the superior courts which were affirmed by the council. These strategic goals include: 1) enhance public support for the superior court; 2) consistent, adequate resources and funding from the state level; 3) a unified trial court system; and 4) more efficient, effective use and selection of juries. Ongoing planning and specific projects and activities are governed by these goals. An example is theJudges Online project through which computer equipment and direct connections to the state's Georgia Online Network are provided for all judges.
The council approved an amendment to Superior Court Uniform Rule 6.3, Hearing (Motions in Civil Actions) to require the filing of a separate pleading upon a request for oral argument on a motion for summary judgment. The amendment was approved by the Supreme Court and will take effect November 9, 1995. Consideration of another rule (Rule 39.9, Court Information) which would authorize chief judges to require superior court clerks to provide case management reports led to its tentative approval, pending approval by the Supreme Court.
During the 1995 legislative session, the council initiated a bill to reduce from 65 to 60 the age at which judges can receive full benefits with 16 years' service and to increase retirement benefits for judges serving more than 16 years. The council was successful in implementing several recommended jury standards in such areas as procedures for jury commissioners, jury deliberations and juror questionnaires through the passage of House Bill 704 (Act 497).
52

Superior court judges' continuing education seminars were held in July 1994 and January 1995. One hundred and fifty judges attended the summer program and 124 participated in the winter program. Superior court judges served as faculty for these and other seminars conducted by the Institute of Continuing Judicial Education.

Sentence Review

Sentence review panels evaluate convicted offenders' sentences to assure that

a given sentence is not excessive in relation to other sentences for similar crimes

throughout the state. In comparing sentences, the panel considers the nature of the

crime and the defendant's prior criminal record. Each sentence review panel is

composed of three superior court judges. Panel members, including a substitute, are

appointed and chairpersons are designated by the council president for three-

month terms.

Review is available to a defendant whose sentence (s) total 12 or more years and

were set by a superior court judge. Exceptions include

sentences set in misdemeanor cases, murder cases where

a life sentence has been applied and cases involving a serious violent felony defined in OCGA 17-10-6.1 (a) (effective January 1, 1995). The panel may reduce or

Sentence Review Panel Caseload Summary

suspend sentences, but is prohibited from increasing punishments.

10-Year Comparison of Cases Reviewed

Review is initiated upon application of a defendant. Defendants must apply within 30 days of the date sen-

Cases Cases Percent Affinned Reduced Reduced

tenced by the superior court judge, or after remittitur from the Court of Appeals or Supreme Court affirming the conviction of the sentencing court, whichever occurs last. Panel actions are not reviewable and orders are binding on the defendant and the superior court that imposed the sentence.
The panel affirmed 859 cases and reduced 57 cases in fiscal year 1995, a total caseload of 916. The reduction

1986 1987 1988 1989 1990 1991 1992 1993 1994 1995

1,769

67

2,485

63

2,273

87

1,889

74

2,804

72

2,790

113

2,557

57

2,362

46

1,627

45

859

57

4.5% 2.5% 3.7% 3.8% 2.5% 3.9% 2.2% 1.9% 2.7% 6.2%

rate for the year was 6.2 percent.

----- Georgia Commission on Dispute Resolution -----

The Georgia Commission on Dispute Resolution (Georgia Court and Bar RulesAlternative Dipute Resolution Rules II) is the policy-making body appointed by the Georgia Supreme Court to oversee the development of court-annexed and courtreferred alternative dispute resolution (ADR)programs in Georgia. The commission, comprised of judges, lawyers and nonlawyer members, meets on a regular basis.
The Georgia Office of Dispute Resolution was created in 1993 to staff the Joint Commission on Alternative Dispute Resoluton and implement its policies. The responsibilities of the Georgia Office of Dispute Resolution include the following:
53

1) to serve as a resource for ADR education and research; 2) to provide technical assistance to new and existing court-annexed or court-referred programs at no charge; 3) to provide training to neutrals in courts throughout the state at no charge; 4) to implement the commission's policies regarding qualification of neutrals and quality of programs; 5) to maintain the registry of neutrals; and 6) to collect statistics from court-annexed or court-referred programs and monitor their effectiveness. Supreme Court rules make it possible for every trial court in Georgia to employ ADR processes if it wishes to do so. On the other hand, no court is required to employ ADR processes.
The commission and the Georgia Office of Dispute Resolution have worked closely with many court programs, providing partial funding and, in many cases, technical assistance. Grants to local ADR programs have been made possible by funding from the Georgia Bar Foundation.
ADR court-annexed services are available in 60 counties. Permanent funding for ADR programs was legislated in April 1993 through a filing fee surcharge of up to $5.00 in participating counties (OCGA 15-23-1-13).
- - - - - - Georgia Courts Automation Commission - - - - - -
GCAC, the Georgia Courts Automation Commission (OCGA 15-5-80), provides automation products and services to all levels of courts within the state. The Administrative Office of the Courts (AOC) provides project direction, staff support and fiscal coordination for the commission. Additional staff support is provided by the Computer Services Division of the Department of Administrative Services (DOAS).
A primary duty of the commission is to define, implement and administer a statewide automation system for the collection, entry, storage, processing, retrieval and intrastate distribution of court-related information. The commission's strategic planning efforts focus on incorporating local courts into the statewide automation network, and coordinating applications of court automation technology with other state agencies to eliminate duplication of effort and reduce cost. Advisory services are offered to local county governments to assist in auto-mating their court procedures and operations.
The 1994 General Assembly for the first time approved state appropriations for GCAC, to support additional staff and to implement the SUSTAIN automated casemanagement software system in a limited number of counties. GCAC continued to hold monthly meetings with its advisory council of state agency representatives during the year to provide policy guidance on all individual projects.
Automated case management in the superior courts The SUSTAIN court case management software system, purchased by the com-
mission in 1993, is installed in seventeen of Georgia's superior courts. The Douglas Judicial Circuit was the first single court site to install and use the system. The Middle Judicial Circuit (Candler, Emanuel, Jefferson, Toombs and Washington
54

counties) was the first multi-county judicial circuit to install the system. Eleven other superior courts now have this software installed. Installation is currently in progress in all five counties of the Northern Judicial Circuit (Elbert, Franklin, Hart, Madison and Oglethorpe) and also in Catoosa, Floyd and Mitchell Counties.
Criminal case disposition reporting The Washington County Superior Court was the first SUSTAIN site to report
automated criminal case dispositions electronically to the Georgia Crime Information Center (GCIC). Data extracted from the SUSTAIN system is forwarded electronically using the existing Statewide Computerized Information Network to the GCIC database. Electronic data transmission will reduce or eliminate the need for local counties to submit data in paper form, and will improve the timeliness, accuracy and completeness of information.
Automated case management in other courts The SUSTAINsystem was installed and became operational in the Douglas County
Magistrate Court in late 1993 and early 1994. Magistrates in the Crisp, Pike, Spalding and Upson County courts have requested installation and training on the SUSTAIN system.
The Floyd County Juvenile Court is operational on the SUSTAIN system and is currently converting output forms and reports required by the juvenile courts. The juvenile configuration will soon be released for use by other juvenile courts in the state.
The City of Alpharetta has successfully implemented the SUSTAIN court case management system in their municipal court. This court is available to demonstrate SUSTAIN to other municipal courts.
Acquisition of SUSTAIN companion products for prosecutors Using funding obtained from the governor's Criminal Justice Coordinating
Council, the commission purchased the newly released SUSTAIN Persons Manager software. Prosecutors will be able to use the SUSTAIN database as an offender-based system. Initial sites targeted for installation and testing of this new offender tracking software product are the DA's offices in the Conasauga, Middle and Northern Judicial Circuits.
Help-Desk services for local county users GCAC began operation of its SUSTAIN Help-Desk service during this period. The
Help Desk is accessible by local county SUSTAIN users via a toll-free 800 number. This service provides access to personnel at the state level, who are familiar with the SUSTAIN software, the hardware used for its operation and the network software system in local counties. Additionally, the Help Desk can provide assistance with questions on personal computer hardware failure and repair, as well as support for personal computer software other than SUSTAIN, via an agreement with DOAS Computer Services Division.
Additional automation activity Georgia Jury, a jury-management software system that includes jury-selection,
55

check-writing and summons-producing capabilities, has been provided to almost one-third of the superior courts in Georgia and is now operational in approximately 50 courts. The software is available through DOAS.
Automated legal research at the personal computer level is provided to the Georgia judiciary via a contract between the Code Revision Commission of Georgia and The Michie Company of Charlottesville, Virginia. The Michie Company offers Georgia Law On Disc to judicial branch subscribers at no cost inmost cases. Georgia Law On Disc contains the Official Code of Georgia Annotated (OCGA), the rules of court, and decisions of the Supreme Court and Court of Appeals. The number of judicial branch subscribers exceeded 500 during the year. Requests for this compact disc product are reviewed and processed by GCAC and forwarded to The Michie Company for delivery.
With the cooperation of the Department of Public Safety and the Council of Magistrate Court Judges, the Uniform Traffic Citation software and the Magistrate Court Fee and Fine Accounting software were merged to form a new Traffic Court Management Software System for the municipal courts. The product was pilottested in the municipal court of Lake City in Clayton County. It is now available to any municipal court that handles traffic cases.
Use of the automated Uniform Traffic Citation expanded into additional counties during the year. This software system assists local counties with tracking and reporting of traffic offense data to the Georgia Department of Public Safety, virtually eliminating the delay between conviction and reporting. The software system, developed by DOAS, has been provided to approximately 50 county court sites and is operational in 40 of these sites.
- - - - - - - Georgia Indigent Defense Council - - - - - - -
The Georgia Indigent Defense Act (Tide 17, Chapter 12, Article 2) provides a program of legal representation for indigent defendants. The act also creates the Georgia Indigent Defense Council (GillC) , composed of 15 members appointed by the Supreme Court, including one lawyer from each of the 10 judicial administrative districts, three lay members from the state at large and two county commission representatives.
The council's four statutory purposes and duties are: 1) to administer funds provided by the state and federal government to support
local indigent defense programs; 2) to recommend uniform guidelines for local programs; 3) to provide local programs and attorneys who represent indigent defendants
with technical and research assistance, clinical and training programs and other administrative services; and 4) to prepare budget reports and management information required for implementation of the Georgia Indigent Defense Act. The council monitors implementation of Supreme Court guidelines for operation of local indigent programs. Guidelines cover appointment of counsel on a
56

timely basis; eligibility determinations and criteria to qualify indigents; standards for operation of public defender offices, panel attorney programs and hiring of contract defenders; appointed attorney fees; procedures to insure the independence of court-appointed counsel; roles and responsibilities of local indigent defense governing committees; and the mechanism for distribution of stateappropriated funds.
During fiscal year 1995, monetary assistance was provided to 111 counties for operation of their indigent defense programs. These grants, totaling more than two million dollars, were funded from state appropriations, the Georgia Bar Foundation and the Sheriff's and Clerk's Trust Account Program.
The council provides significant in-kind assistance to local programs: The Multicounty Public Defenders Office (MPD) is a statewide trial resource center for attorneys handling death penalty cases. MPD assists lawyers by providing consultation on pretrial motions, trial strategy, expert witnesses, motions for funds and attorney fees. MPD also provides direct representation in some instances, particularly when a circuit or county does not have qualified lawyers available to defend capital cases. Between July 1, 1994, and December 31, 1995, MPD attorneys participated as active consultants in 95 death penalty cases in 54 Georgia counties. The MPD office provided copies of form motions, research assistance and advice in 19 additional cases. MPD staff attorneys also provided direct representation in 13 death penalty cases in nine counties. The Indigent.Defense Resource Center provides research assistance to attorneys across the state and offers CLE (continuing legal education)-accredited seminars to lawyers. The Men tal Hea lth AdvocacyDivision provides services to attorneys representing clients in three specific areas: assistance with direct representation of insanity acquitees who are incarcerated indefinitely in state mental hospitals; training seminars for defense attorneys who represent mentally ill clients; and on-going support and consultation for attorneys who represent clients confined to mental hospitals.
----- Georgia Magistrate Courts Training Council -----
(Annual Report for calendar year 1995, as required by OCGA 15-10-134.)
The Georgia Magistrate Courts Training Council (OCGA 15-10-132) supervises continuing judicial education requirements for magistrate court judges and prescribes minimum standards for curricula and criteria for magistrate training. 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 training. To maintain certified status, all magistrates (including those who
57

Georgia Magistrate Courts Training Council: 1995 Seminars

Seminar

Location

40-Hour Certification

Athens

Judging and Humanities

Athens

Judicial Use of Computers

Athens

Bench Skills

Pine Mountain

Judicial Use of Computers

Athens

Mediation Fundamentals

Jekyll Island

20-Hour Recertification

Savannah

40-Hour Certification

Athens

Advance Mediation

Athens

20-Hour Recertification

Atlanta

Constitutional Criminal Procedure Unicoi

Judicial Ethics

Unicoi

Attendees
47 8
14 32 14 30 141 27 15 104 46 40

Total

518

Notes:
460 magistrates were certified by training through 1996.
2 magistrates completed their training in 1995 for a delinquency for 1994 as ordered by the Judicial Qualifications Commission.
Additional attendees included magistrates who attended more than one program, judges of other courts such as state and municipal courts and two trainers.
5 magistrates became certified by attending training at the National Judicial Council, Harvard Law School or by teaching other magistrates.

are members of the State Bar of Georgia) must fulfill an annual20-hour recertification training requirement. In 1995, the recertification program included a new series of topics on professionalism: sexual harassment, gender bias, fairness and consistency in setting bonds, disciplinary procedures, personal conduct and a Judicial Qualifications Commission update.
In calendar year 1995, the training council sponsored two 40-hour seminars covering civil and criminal matters. Magistrates needing recertification training may attend part of a 40-hour program to fulfill the 20-hour requirement. Two 20-hour recertification programs were held. In addition, six specialty courses were offered. The council also sponsored training for magistrate court clerks and secretaries.
The training council now allows recertification credit to be earned by attending programs other than the traditional 20-hour programs and has dropped its requirement for a traditional course at least every other year.
In conjunction with the Council of Magistrate Court Judges, the council continued its mentor judges program. The Institute of Continuing Judicial Education assigns new judges to mentor judges. No more than two judges are assigned to each mentor.
The following publications were distributed: the Magistrates Benchbook (to new magistrates) or its update (to sitting magistrates), the Georgia Magistrate Court Handbook by Judge Wayne M. Purdom and the Magistrate Court Guide by Judge Johnny W. Warren. In addition, magistrates were given a choice of receiving either the Georgia Law Enforcement Handbook published by the Harrison Company or the Michie Company's Georgia Criminal and Traffic Law Manual. The council also provides a revised version of the Fee and Fine Accounting System to judges requesting it.
58

----- Georgia Municipal Courts Training Council -----

(Annual Report for calendar year 1995, as required by OCGA 36-32-24 )
The Georgia Municipal Courts Training Council (OCGA 36-32-22) prescribes minimum requirements for curricula and criteria for training of municipal court judges and supervises completion of the continuing education requirements. The council sets minimum qualifications for instructors, approves schools, keeps training records, and issues certificates of course completion.
Newly appointed or elected judges must attend a 20-hour certification course within twelve months of assuming office. All other municipal court judges must attend 12 hours of instruction annually to maintain their certification. All pro hac vice or pro tern appointees also must be certified.
With the Institute of Continuing Judicial Education (ICJE), the training council offered two initial and six recertification courses. The initial certification course includes the following topic areas: serious traffic offenses, caseload management and court administration, judicial ethics and discipline, professionalism, local ordinance adjudication, and crirninallaw and procedure.
In calendar year 1995, the recertification courses focused on traffic case adjudication and criminal procedure. Course offerings also included constitutional criminal procedure, bench skills, computer applications for the courts, judicial ethics and a judging and humanities specialty course. There were 31 new judges certified in 1995 and 312 judges were recertified.
Courses sponsored by the training council are usually creditable as mandatory continuing legal education hours for part-time judges who practice law. Municipal

Georgia Municipal Courts Training Council: 1995 Seminars

Seminar 20-Hour Certification Judging and Humanities Judicial Use of Computers Judicial Ethics Constitutional Criminal Procedure Recertification Traffic Focus 20-Hour Certification Judicial Use of Computers

Location Athens Athens Athens Unicoi Unicoi
Savannah Athens Athens

Total

Attendees 30 14 22 21 17
169 55 16
344

Notes:
In addition, 6 judges attended the American Bar Association-sponsored Traffic Seminar; 1 judge attended a Traffic Court Proceedings Course sponsored by the National Judicial College; 6 judges attended the probate court judges Traffic Seminar; and 19 attended the Judicial Ethics Course for magistrates.
Some judges attend more than one seminar, and municipal court judges may attend other ICJE-sponsored seminars for judges of other trial courts or national judicial educational programs relevant to their duties as municipal court judges. Therefore, total numbers certified do not match attendees.
10 judges were required to attend calendar year 1995 training courses to complete their 1994 training requirements.

59

court judges have the option of attending nationally sponsored judicial training such as the annual ABAtraffic seminar, National Judicial College courses, and those of the Institute for Court Management. Other ICJE training is creditable if the subject matter is relevant to the duties of a municipal court judge.
In June, the Judicial Qualifications Commission issued Opinion 196 requiring resignation of mayors serving as municipal court judges within twelve months of the issuance of the opinion. As of late summer 1995 all mayors known to have been serving as municipal court judges had resigned from these positions.
As educational tools to further improve the operation of the municipal courts, the training council established a benchbook committee in 1994, funded adaptation of the magistrates fee and fine accounting automation package for municipal courts, and provided each judge with a copy of the Georgia Law Enforcement Handbook published by Harrison Company. The benchbook has been completed for distribution in early 1996.
- - - - - - Georgia State-Federal Judicial Council - - - - - -
The State-Federal Judicial Council (Supreme Court Order, Nov. 9, 1990) was most recently established to foster a cooperative relationship between the state and federal judiciaries of Georgia. Council membership includes all federal judges in Georgia, justices of the Georgia Supreme Court, judges of the Georgia Court of Appeals and judges of the superior and state courts.
The executive committee is comprised of the chief judge of the Eleventh Circuit Court of Appeals; three U.S. District Court judges named by the chief judge of the Eleventh Circuit Court of Appeals; one U.S. Bankruptcy Court judge named by the chief judge of the Eleventh Circuit Courtof Appeals; the chief justice of the Georgia Supreme Court; the chief judge of the Georgia Court of Appeals; five superior court judges named by the chief justice of the Supreme Court; the president of the Council of Superior Court Judges; and the president-elect and immediate past-president of the State Bar of Georgia.
The June 1995 annual meeting, planned by the executive committee, featured a program entitled "Is Federalism Gone with the Wind?: Federal Court Jurisdiction at the End of the Century" The meeting was held in conjunction with the State Bar of Georgia annual meeting. Members of the bar were invited to attend, and the program was approved for judicial and legal continuing education credits.
- - - - - Institute of Continuing Judicial Education - - - - -
More than 3,200 judges, court officials and judicial personnel attended programs delivered by the Institute of Continuing Judicial Education (Supreme Court Order, Jan. 26, 1979) in fiscal year 1995. This record number placed the Institute (ICJE) among the top continuing judicial education agencies in the country.
60

As an administrative ann of the Supreme Court, the institute has had 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 every two years. The total must include two ethics hours.
As prescribed by the Executive Probate Judges Council, probate court judges must complete training for new judges and 12 hours of continuing education annually. Magistrate court judges fulfill an initial 40-hour training requirement (attorney magistrates are exempt) and annually attend 20-hours of recertification training. Superior court clerks complete 40 hours in basic certification and 15 hours in yearly recertification training courses.
Municipal court judges complete an annual 12-hour certification course. New judges must fulfill a 20-hour training requirement.
Seminars In fiscal year 1995, the institute offered programs for judges of the superior,
state, juvenile, probate, magistrate and municipal courts. In addition, training was provided for clerks of court, judges' secretaries, juvenile court probation officers, court administrators and administrative law judges. For more information, please refer to the chart on page 62.
Other ICJE initiatives during fiscal year 1995 included the following: FacuIty training and course development were undertaken in two new areas:
cultural diversity awareness and family violence issues. A two-part appellate opinions course was designed for law clerks and
appellate court judges. The first part explored contemporary standards for better opinion drafting, and the second covered policies on publishing appellate opinions. Other facuIty training and course development efforts targeted the recertification course for municipal court judges and magistrates, training faculty in the use of modem instructional technologies. Mentoring sessions were initiated for new superior and magistrate court judges. The Municipal Court Judges Benchbook was in progress, with completion expected in early 1996. Computer training for judges focused on legal research (Georgia Law on Disc) and word processing. Software assistance programs became available to magistrates issuing search warrants and handling bad checks. Training and software distribution is underway. Judges and Humanities Studies continued in 1995. Materials used included To Kill a Mockingbird, Measurefor Measure, Trifles and the Anglo-American history of bills of rights in various state and national constitutions.
61

Administration The ICJE fiscal year 1995 original operating budget of $991,860 was initially
allocated as follows: $20,000 for nationally based travel of superior court judges; $311,730 for administration and training of magistrate court judges and staff; $86,250 for administration and training of municipal court judges and staff; $513,260 for general administration and recurring product operations of ICJE;

Institute of Continuing Judicial Education: Fiscal Year 1995 Instructional Activities

Date

Program

location Attendees

Date

Program

location Attendees

july 14-15

Municipal court judges

12-hour recertification

Gwinnett

60

july 20-22

Magistrates 20-hour recertification Gwinnett

77

july 24-27

Superior court judges

summer seminar

St. Simons

150

July 26-29

Probate court clerks seminar

Helen

47

August 8-10 Municipal court judges

12-hour recertification

Savannah

92

August 10- 12 Magistrates 20-hour recertification Macon

98

Sept. 11-16 Magistrates 40-hour certification

Athens

43

Sept. 14-16 Municipal 20-hour certification

Athens

35

Sept. 21-23 Georgia Association of

Independent juvenile Courts

Personnel fall sem inar

Savannah

98

Sept. 22

Magistrates-mentor development Forsyth

22

Sept. 26-27 Municipal court judges

specialty courses: Constitutional

criminal procedure; Judicial ethics Helen

24

Sept. 28-30 Magistrate court judges

specialty course: Basic mediation Gainesville

32

Oct. 4-5

Municipal court judges

12-hour recertification

Athens

67

Oct. 5-6

Administrative law judges,

Georgia executive branch

agencies annual seminar

Athens

55

Oct. 11-14 Administrative law judges,

Georgia Dept. of labor

annual seminar

Athens

32

Oct. 17-18 Municipal court judges

specialty course:

Judicial use of computers

Athens

25

Oct. 19-21

State court judges fall sem inar

Amicalola Falls 64

Oct. 26-28 Magistrate court judges

specialty course: Bench skills

Ch attanooga

19

Nov. 7-9

Juvenile court judges fall seminar Columbus

98

Nov. 9-11

Municipal court judges specialty

course: judging and humanities

Athens

15

Nov. 16-18 Probate court judges fall seminar Savannah

92

Nov. 16-18 Superior court clerks fall seminar Savannah

126

Nov. 30-Dec. 2 Magistrate court judges

specialty course:

Constitutional criminal procedure Savannah

27

jan. 6-7

New judge orientation-state court Athens

20

jan. 10

Probate court judges winter seminar Atlanta

38

jan. 10

Superior court clerks winter seminar Atlanta

24

jan. 17-20

Superior court judges winter seminar Athens

125

jan. 17-20

Court administrators seminar

Athens

17

Feb. 5-10

juvenile court probation officers

40-hour basic training

Savannah

20

Feb. 8-10

Municipal court judges

20-hour certification

Athens

30

Feb. 12-17 Magistrates 40-hour certification Athens

47

Feb. 23-24

Magistrate and mun icipal court

judges faculty development

Lake Lanier Islands 40

March 12-14 Magistrate court judges specialty

course: Judging and humanities

Athens

12

March 13-14 Municipal court judges

specialty course:

Judging and humanities

Athens

14

March 13-17 Anti-Defamation league-

faculty training

Athens

21

March 15-17 Magistrate court clerks

and secretaries seminar

Macon

149

March 22-24 Magistrate court judges

specialty course:

judicial use of computers

Athens

15

March 29-31 Workers' compensation

administrative law judges

annual seminar

St. Simons

25

April 5-7

judicial secretaries annual

seminar

lawrencevi lie

73

April 13-14 Municipal court judges

specialty course:

judicial use of computers

Athens

20

April 18-20 Superior court clerks spring

seminar

jekyll Island

162

April 19-21 Probate court judges spring seminar Athens

178

May 5

Appellate law clerks-

opinion drafting

Atlanta

68

May8-10

Municipal court judges

specialty courses: Constitutional

criminal procedure, judicial ethics Helen

21

May 10-12 fv!agistrate court judges

specialty course: Bench skills

Pine Mountain

33

May 10-12 Faculty training and course

development: Domestic violence

curricula review

Athens

24

May12

Appellate law clerks-

opinion publishing

Atlanta

68

May 15-17 juven i1ecourt judges

spring seminar

St. Simons

96

May19

Superior court judges-

mentor training

Forsyth

12

May 22-24 juvenile court clerks

annual seminar

jekyll Island

41

May 24-26 State court judges

spring seminar

Jekyll Island

61

May 24-26 Juvenile court probation officers

faculty development

Jekyll Island

127

June 7-9

Probate court clerks

summer seminar

jekyll Island

75

june 7-9

Magistrate court judges

specialty course:

judicial use of computers

Athens

15

June 12-15 Probate court judges

summer seminar

jekyll Island

58

June 12-15 Superior court clerks

summer seminar

Jekyll Island

30

june 20-23 Magistrate court judges

specialty course:

Basic mediation

jekyll Island

35

62

and $60,620 for on-site services, mandatory continuing legal education fees and special projects. Of 46 applications for financial aid to attend national courses, 38 were approved.
The ICJE board of trustees is made up of representatives of 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; a representative from the councils of state, juvenile, probate and magistrate court judges; one representative from the Superior Court Clerk's Association; one member of the State Bar of Georgia; one member of the Judicial Council; and ex officio members, including the immediate past chairpersons of both the ICJE and the Institute of Continuing Legal Education boards of trustees, and the deans of Georgia's four accredited law schools. A liaison member representing the Supreme Court and an advisory member also serve on the board.
-------- Judicial Administrative Districts --------
Regional court administration for the superior courts is organized through the Judicial Administration Act of 1976. Ten judicial administrative districts (OCGA 15-5-2, 3, 4) are served by an administrative judge selected by the superior court judges and senior judges of that district. Each district employs a district court administrator.
District court administrators function as liaisons between superior courts and local government officials, court personnel and the criminal justice system. Assistance is given to chief judges in preparing, presenting and managing local court budgets. District court administrators screen and interview applicants for trial court administrator, law clerk, court reporter and other court support positions.
District staff assist chief judges and clerks in jury management projects, including automated jury selection, revision of jury boxes and orientation sessions for jury commissioners.
Assistance is provided in the following areas: grant applications and grant management; space and facilities management; courthouse renovation; arbitration; mediation; video arraignment; court delay reduction; alternative sentencing/ jail overcrowding problems; records retention and management; and indigent defense programs. In fiscal year 1995, district court administrators worked with Department of Administrative Services computer operations staff to develop applications for use by superior court clerks in accessing state motor voter records for jury list revision. District court administrators also conducted site evaluations of each superior court judges' office as part of a plan to provide the Georgia On-Line Network to the judges.
District court administrators continued to work with committees of the Council of Superior Court Judges, the Judicial Council of Georgia, the Criminal Justice Coordinating Council and other local, state and national organizations.
63

------- Judicial Nominating Commission -------
The Judicial Nominating Commission (Executive Order, June 25, 1973) solicits nominations of qualified individuals to fill vacant or newly created judgeships. The governor selects new judges from a list of candidates prepared by the commission.
Qualifications for all judges are specified either in the state constitution or by statute. Nominations for judicial office are sought from leaders of the civic and legal communities. Commission members evaluate candidates based on a standard questionnaire and a legal article or brief submitted by each candidate. The commission also interviews attorneys familiar with candidates and candidates themselves.
The commission held 17 meetings in fiscal year 1995 to consider candidates for one vacancy on the Supreme Court, 17 superior court vacancies in the Flint (1), Eastern (3), Lookout Mountain (1), Ocmulgee (1), Augusta (1), Macon (1), Atlantic (1), Griffin (1), Atlanta (5), Pataula (1) and Dougherty (1) Circuits, and two state court vacancies in Fulton and Chatham Counties.
Since 1973, the commission has acted on a total of 255 judgeships, including 17 Supreme Court vacancies, 16 Court of Appeals vacancies, 150 superior court seats, 62 state court posts, two municipal court judgeships and three civil court vacancies.
The nine-member commission includes the president of the State Bar of Georgia and the state attorney general as ex-officio members. Three other members, who must be members of the State Bar, are appointed by the governor. The four remaining positions must be filled by nonlawyers-two appointed by the governor, one by the lieutenant governor and one by the speaker of the House of Representatives. Appointed members serve at the pleasure of the appointing authority.
------- Judicial Qualifications Commission -------
The Judicial Qualifications Commission (JQC) responds to inquiries from judges regarding appropriate judicial conduct, directs investigations into complaints involving members of the state judiciary and holds hearings on allegations of judicial misconduct. Its powers derive from the Georgia Constitution (Art. VI, VII, lJ(6).
Grievances against judges are usually initiated by a written, verified complaint to the commission. Alleged misconduct or protests must be based on one of the seven canons of the Code of Judicial Conduct. 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.
During fiscal year 1995, the commission held 11 meetings. Formal charges were filed and formal hearings conducted in cases against two judges. One case was disposed of by removal from office after findings and recommendations were
64

submitted to the Supreme Court and upheld. Findings and recommendations have been submitted involving five complaints against another judge, but these dockets remain open, pending a final decision by the Supreme Court. Two judges elected to voluntarily resign rather thanrespond to formal charges proposed by the commission.
At the beginning of the year, 14 complaints were pending from fiscal year 1994. During fiscal year 1995, the commission received and acted upon 131 new matters, including 120 complaints and 11 requests for opinion. At year end, 11 complaints (including the five in the matter now before the Supreme Court) and one request for opinion remained pending.
The 133 judges named in the 120 new complaints (one complaint involving training requirements named 14 municipal court judges) included 34 superior court judges; five senior judges; 16 state court judges; 10 probate court judges; 37 magistrate judges; five juvenile court judges; 24 municipal court judges; one city court judge; and one pro tempore judge.
Including carryovers from fiscal year 1994, the commission handled 133 complaints as follows: 29 dismissed as appropriate for appeal as a matter of law, unsupported or without merit; 61 dismissed after minimal investigation; three judges resigned (one under three separate complaints); one judge was removed; three judges were privately reprimanded; 23 judges were admonished or cautioned by letter to avoid recurrence of the action giving rise to complaint; and one complaint was withdrawn.
Ten requests for advisory opinions were disposed of as follows: four formal opinions were issued; the commission declined to give an opinion in three cases; and three informal opinions were issued.
In one formal proceeding, the Supreme Court approved the commission's recommendation that the judge be removed from office. The judge later filed a pro se petition for Writ of Certiorari in the U.S. Supreme Court, which is currently pending. The commission will file a brief opposing this petition.
In the second formal proceeding, following a six-day hearing, the commission filed findings and recommendations that the judge be removed from office. The judge filed a petition to reject these findings; the matter is pending.
Known sources of complaints for the fiscal year included: 96 litigants or their relatives, 10 judges, two auxiliary judicial personnel, four attorneys, four anonymous, 19 nonlitigants (one docket included 15 nonlitigant complainants against the judge), and 12 others.
In addition to the complaints filed and disposed of during fiscal year 1995, the commission processed approximately 690 requests for complaint forms, handled numerous telephone inquiries from both judges and the public and conferred privately with several judges about instances of conduct not warranting disciplinary action. In addition, some 87 complaints filed on outdated forms, State Bar grievance forms or by letters were returned to complainants because they involved matters over which the commission has no jurisdiction. Various members also participated in seminars on judicial ethics and the role of the commission in governing judicial conduct.
The seven-member commission operates under established procedural rules. All proceedings-including complaints, conferences, communications and
65

decisions-are confidential, with the exception of notice of formal hearings, formal hearings, reports recommending discipline and decisions after a hearing in which a judge was found not guilty of misconduct.
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, investigator and secretary serve as staff.
Synopses of fiscal year 1995 JQC opinions follow:
Opinion 198. A chief magistrate sittmg by designation in another court is disqualified from hearing a case involving an associate magistrate whom such magistrate appointed even after orally offering recusal with disclosures to all parties. If the 3E disqualification is to be waived, the remittal procedures outlined in Canon 3F should be followed.
Opinion 199. Under the circumstances described in the request, it is not inappropriate for the wife of the senior partner of a part-time juvenile court judge to serve as director of a local Court Appointed Special Advocates program ("CASA"), but great care must be exercised to assure full compliance with Canon 2.
Opinion 200. The practice of law by senior judges should not be condoned, and if senior judges desire to engage in the practice of law, such judges should comply with USCR 18.8 and declare themselves ineligible to serve as judges.
Revised Opinion 201. Judicial participation in the formulation, distribution and! or dissemination of family violence protocols for use by judges is inappropriate. However, participation in certain limited aspects of the work of Family Violence Task Forces is permissible provided such service does not cast doubt on the capacity of judges to impartially decide issues coming before them. The commission further suggests that the proper judicial use of such materials as the Model Judicial Protocol for Family Violence Incidents proposed by the Georgia Commission on Family Violence is for education and not prejudgment.
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--- Supreme Court Commission on Racial and Ethnic Bias ---
The Supreme Court Commission on Racial and Ethnic Bias in the Court System (Supreme Court Order, Feb. 1, 1993) was created to: 1) determine how the public and the courts perceive treatment of minorities and ethnic groups; 2) examine courtroom treatment and determine the extent to which minorities and ethnic groups use the court system voluntarily; 3) study court administrative policies and review selection and employment processes for judicial and nonjudicial positions; 4) investigate the impact of bias in both criminal and civil justice processes; and 5) review other appropriate areas.
After holding public hearings around the state, the commission held several forums and interviews with minority organizations and selected judicial and legal organizations. The commission also pursued a series of research studies. These studies included an attitude survey of the judges of the different levels of trial courts and a statewide sample of 2000 attorneys with litigation practices.
An employment survey of all level of courts including the appellate courts was conducted to determine the number of racial and ethnic minority judges and other court personnel by the class of court and type of position. A foreign language and interpreter survey was sent to the counties with the largest proportion of Hispanic and Asian populations to address the concerns of the ethnic communities in the state. This survey provided information such as the languages for which interpretation services are most frequently requested, the qualifications of the interpreters used and the availability of such services.
Jury system studies were also completed to address issues concerning the percentage of minorities in the jury boxes, the show-up rate, actual service on a jury and juror attitudes. The commission also contracted a study on juvenile court processes with Georgia State University.
During the year, the commission's committees continued their investigations and prepared draft recommendations for consideration by the full commission membership. These recommendations, when completed, are expected to be issued in a report to the Supreme Court in September 1995.
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---------Judicial Personnel Changes: Fiscal Year 1995 - - - - - - - - -

COURT OF APPEALS
Judge John H. Ruffin Jr.. appointed August 24, 1994 Dec. 31, 1996.
SUPERIOR COURTS
Atlanta Judicial Circuit Judge Alice Bonner, appointed Sept. 16, 1994 - Dec. 31, 1996. Judge Gail T. Joyner, appointed May 31,1995 - Dec. 31, 1996. Judge Alford J. Dempsey [r., appointed May 31, 1995 Dec. 31, 1996. Judge Stephanie B. Manis, appointed May 31, 1995 Dec. 31, 1996. Judge Bensonetta Tipton-Lane, appointed May 31, 1995 Dec. 31,1996.
Atlantic Judicial Circuit Judge Albert "Ronnie" Rahn III, elected Jan. 1,1995 Dec. 31, 1998.
Augusta Judicial Circuit Judge Carl C. Brown Ir., appointed Dec. 5, 1994 Dec. 31, 1996.
Cobb Judicial Circuit Judge James Bodiford, elected Jan. 1,1995 - Dec. 31, 1998.
Dougherty Judicial Circuit Judge Herbert E. Phipps, appointed June 30, 1995 Dec. 31,1996.
Eastern Judicial Circuit Judge Penny Haas Freesemann, appointed May 18, 1995 Dec. 31, 1996. Judge John E. Morse [r., appointed May 18, 1995 Dec. 31, 1996. Judge James F. Bass Ir., appointed May 18, 1995 Dec. 31, 1996.
Flint Judicial Circuit Judge Arch Walker McGarity, appointed June 29,1995Dec. 31,1996.
Lookout Mountain Judicial Circuit Judge William Ralph Hill Ir., appointed Feb. 1, 1995Dec. 31,1996.
Macon Judicial Circuit Judge Martha Currie Christian, appointed August 24, 1994 - Dec. 31, 1996.
Southern Judicial Circuit Judge Harry Jay Altman II, appointed August 8, 1994 Dec. 31, 1996. Judge Frank D. Horkan, elected Jan. 1, 1995 - Dec. 31, 1998.

STATE COURTS
Baldwin County Judge Dorsey T. Yawn, elected Jan. 1, 1995 - Dec. 31, 1998.
Chatham County Chief Judge H. Greg Fowler, appointed May 18, 1995 Dec. 31, 1996. Judge Ronald Ginsberg, appointed May 18, 1995 Dec. 31, 1996.
Colquitt County Judge Lester M. Castellow, appointed July 13, 1994 Dec. 31, 1996.
Fulton County Judge Cynthia D. Wright, appointed Jan. 4, 1995 Dec. 31, 1996. Judge John J. Goger, appointed May 31, 1995 - Dec. 31, 1996.
Jeff Davis County Judge Ken W. Smith, elected Jan. 1, 1995 - Dec. 31, 1998.
Tattnall County Judge Bruce Dubberly, elected Jan. 1, 1995 - Dec. 31, 1998.
JUVENILE COURTS
DeKalb County Judge Robin S. Nash, appointed March 1, 1995 Feb. 28, 1999.
PROBATE COURTS
Cook County Judge Louise Cowart, appointed Feb. 24, 1995 - Dec. 31 1996.
CHIEF MAGISTRATES
Baldwin County Judge Shane Geeter, appointed Jan. 1, 1995 - Dec. 31 1996.
Cook County Judge Louise Cowart, appointed Feb. 24, 1995 - Dec. 31 1996.
Decatur County Judge Saralyn Swicord, appointed Sept. 1, 1994 Dec. 31 1996.
Hart County Judge Jack Gurley, appointed April 25, 1995 - Dec. 29, 1995.
Lanier County Judge Charles Shaw, appointed Sept. 1, 1994 - Dec. 31 1996.
Madison County Judge Harry F. Rice, elected Jan. 1, 1995 - Dec. 31, 1999.
Peach County Judge Laurens Lee, appointed April 19, 1995 - Dec. 31, 1996.
Sumter County Judge Thomas R. McFarland, appointed Jan. 1, 1995 Dec. 31 1996.

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