FY2011 Annual Report: Georgia Courts July 1, 2010 - June 30, 2011
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. Director, Marla S. Moore Editor, Ashley G. Stollar Staff, Maggie Reeves
Judicial Council of Georgia Administrative Office of the Courts 244 Washington Street, SW Suite 300
Atlanta, GA 30334 404-656-5171 www.georgiacourts.gov
Table of Contents
State of the Judiciary Address ......................................................................................................................2 New Initiatives and Legislation.....................................................................................................................3 Judicial Council of Georgia.............................................................................................................................4 Administrative Office of the Courts ........................................................................................................5 Accountability Courts....................................................................................................................................10 Timeline: Georgia Courts ............................................................................................................................12 Caseload Data for Georgia's Courts
Supreme Court of Georgia ...............................................................................................................18 Court of Appeals of Georgia............................................................................................................20 Superior Courts........................................................................................................................................22 State Courts................................................................................................................................................24 Juvenile Courts ..........................................................................................................................................26 Probate Courts .........................................................................................................................................28 Magistrate Courts....................................................................................................................................30 Municipal Courts......................................................................................................................................32 Judicial Demographics....................................................................................................................................34 Judicial Elections and Appointments ......................................................................................................36
1
Justice at the Center... "The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy." -- Martin Luther King, Jr.
On February 16, 2011, Chief Justice Carol W. Hunstein delivered her second State of the Judiciary Address before a joint session of the Georgia General Assembly. She turned to a quote from civil rights icon and fellow Georgian Martin Luther King, Jr., to call legislators' attention to the difficulties facing the state,"The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy."
Sentence Reform. The Chief Justice urged legislators and the Governor to work with the Judicial Branch to reduce Georgia's over-reliance on incarceration of criminal offenders. " . . .We can no longer afford the more than $1 billion it costs us annually to maintain the fourth-highest incarceration rate in the nation."
Specialty Courts. Through the efforts of judges and their staffs, Specialty Courts in Georgia -- Drug, DUI, Mental Health, and Veterans' Courts -- have become effective and efficient. These courts "save precious taxpayer dollars while protecting the public's safety" and are models for courts nationally. A report by the Georgia Department of Audits found that drug courts in Georgia have resulted in lower sentencing costs and lower recidivism rates.
Jury Composition. Providing a jury of one's peers is a keystone in the judicial process. Creating a list of jury-eligible citizens for the 159 counties in Georgia -- an effort seven years in the making -- protects everyone's constitutional rights to equal protection and ensures the public will have a jury of his or her peers.
2
New Initiatives and Legislation Concern surrounding sentencing reform, jury composition, accountability courts, and judicial qualifications were addressed during the 2011 Session of the Georgia General Assembly. Some legislative actions from previous years were reversed including fee increases for appellate records and the date of nonpartisan elections. The Administrative Office of the Courts continued its weekly stakeholder meetings to discuss legislative initiatives for the judicial branch.
Criminal Justice Reform. Chief Justice Carol W. Hunstein joined Governor Nathan Deal, Speaker David Ralston, and legislative leaders from both parties at a news conference on February 16, 2011, at the State Capitol. The leaders of the three branches announced support for HB 265, legislation creating an 11-member bipartisan committee to recommend reforms to Georgia's criminal justice system. HB 265 was signed by Gov. Deal on May 3, 2011.
Chief Justice Hunstein appointed Judge Michael P. Boggs, Superior Courts, Waycross Judicial Circuit, and Judge Ural Glanville, Superior Court, Atlanta Judicial Circuit, to serve as judicial representatives on the Special Council on Criminal Justice Reform.
Jury Composition Reform Act. Gov. Nathan Deal signed HB 415 on May 3, 2011, implementing a series of procedures and rules to compile a statewide, inclusive juror source list and allowing the Supreme Court to revise the Unified Appeal rule ending forced balancing of the jury box. Effective July 1, 2012.
Mental Health Courts. SB 39 authorized the Judicial Council of Georgia to create standards for operation of mental health courts.
Judicial Elections. HB 302 moved nonpartisan elections -- including judicial elections -- to the general primary in July. Consequently, run-off elections, if necessary, will be held during the November general election. In recent years, several run-off elections were necessary for state-wide judicial elections, which burdened the state and counties with additional costs.
Fee Reduction. The General Assembly reversed its 2010 fee increase by enacting legislation that reduced the per page rate for preparation of the record and transcript from $10 to $1.
Training of Magistrate Court Judges. SB 47 allows the Magistrate Court Training Council the flexibility to decide on a yearly basis the required number of CE hours within a window of 12 to 20 hours.
Municipal Court Judges Qualifications. The signing of SB 30 by Gov. Nathan Deal on May 11, 2011, requires municipal court judges be licensed attorneys in good standing with the State Bar of Georgia. Newly elected or appointed judges must meet training requirements prescribed in OCGA 36-32-27. Previously, basic or minimum qualifications for municipal court judges were set locally.
Justice at the Center... 3
Judicial Council of Georgia
The 25-member Judicial Council develops policies for improving and administering the Georgia courts. The Chief Justice of the Supreme Court of Georgia serves as chair of the Council; membership, as established by Order of the Supreme Court, consists of judges from each level of court: appellate, superior, state, juvenile, probate, magistrate, and municipal. The Council oversees the work of the Administrative Office of the Courts through established oversight committees: Standing Committee on Policy and Legislation, Committee on Court Reporting Matters, Committee on Accountability Courts, Judicial Workload Assessment Committee, and Records Retention Committee.
Front row, from left: Judge Cynthia D. Wright, Superior Court, Atlanta Judicial Circuit; Judge Arch W. McGarity, Superior Court, Flint Judicial Circuit; Judge Kathlene Gosselin, Superior Courts, Northeastern Judicial Circuit; Chief Justice Carol W. Hunstein, Supreme Court of Georgia; Judge Mary Kathryn Moss, Magistrate Court, Chatham County; Judge Rashida Oliver, Municipal Court of East Point; Judge Todd A. Blackwell, Probate Court of Baldwin County.
Back row, from left: Judge H. Frederick Mullis, Jr., Superior Court, Oconee Judicial Circuit; Judge C. Andrew Fuller, Superior Courts, Northeastern Judicial Circuit; Judge Mark Anthony Scott, Superior Court, Stone Mountain Judicial Circuit; Judge Lawton E. Stephens, Superior Courts, Western Judicial Circuit; Judge Bill Bass, State Court of Grady County; Chief Judge John J. Ellington, Court of Appeals of Georgia; Judge Louisa Abbot, Superior Court, Eastern Judicial Circuit; Judge Lynwood Jordan, Probate Court of Forsyth County; Judge Martha C. Christian, Superior Court, Macon Judicial Circuit; Judge Ronnie Joe Lane, Superior Courts, Pataula Judicial Circuit; Judge F. Bryant Henry, Juvenile Courts, Lookout Mountain Judicial Circuit; Judge John Pridgen, Superior Courts, Cordele Judicial Circuit.
Not pictured: Presiding Justice George H. Carley, Supreme Court of Georgia; Presiding Judge Herbert E. Phipps,
Court of Appeals of Georgia; Judge Mary E. Staley, Superior Court, Cobb Judicial Circuit; Judge Larry B. Mims,
State Court of Tift County; Judge Deborah Edwards, Juvenile Court, Houston Judicial Circuit; Judge William A.
4
"Al" Willis, Magistrate Court, Dooly County; Judge Nelly F. Withers, Recorder's Court of DeKalb County.
Administrative Office of the Courts
A C Administrative
Office of the Courts
The work of the Administrative Office of the Courts consists of shared services provided variously to the trial and appellate courts of the state. In 2011, the agency was organized into three line divisions: Court Services, Information Technology, and Financial Administration. Organizational units and their functions are presented here in brief.
Court Services Many AOC core functions involving
daily contact with judges, clerks, court administrators, and other court system professionals are grouped in the agency's Court Services Division. Annual case counts for each class of court and complex studies on judicial workload assessment for the superior courts are spearheaded by the Research, Evaluation, and Planning Section. Court Services also includes the Certification and Licensing Section which regulates, tests, and administers licenses to Georgia court reporters, foreign language interpreters, dispute mediators and neutrals, and private probation companies.
The Judicial Liaison performs liaison and secretariat services to enhance the business of affiliated organizations and ensure productive communication across the judicial system.
The Children, Families, and the Courts Section is an umbrella for activities centered around protecting vulnerable citizens and improving court processes to ensure their
wellbeing. Its efforts are funded through a combination of federal and private foundation grants, contracts, and state appropriations.
The Accountability Courts and Grants Management Section administers and provides technical assistance related to grant funded programs and supports the Judicial Council Accountability Courts Committee. In FY11, $1.9 million in state funds were distributed to 72 courts employing alternative processes tailored to substance abuse offenders. $160,000 in federal funds were used to host a training and development conference attended by state and national accountability court and law enforcement professionals.
This section also manages state-funded grants to local non-profit groups for provision of civil legal services to victims of domestic violence. Additionally, a $69,130 grant of federal funds was awarded to the AOC through the Georgia Criminal Justice Coordinating Council to enhance family violence court processes.
5
Administrative Office of the Courts
Information Technology The AOC Information Technology
Division plays a central role in courts' automation efforts around the state. The unit has primary responsibility for maintaining the agency's internal network, court system personnel database, desktop software and equipment, E-mail, web, and listserv capabilities. In addition, IT staff is integral to technology initiatives involving other court system groups.
AOC IT also provides and maintains case management systems for over 300 courts at all levels.
Financial Administration Division The Financial Administration Division
assists 29 separate judicial branch programs with tasks including: budget preparation and management; payroll administration and audit compliance; and invoicing and accounts payable. The AOC Financial Administration Division also handles budget inquiries from the Governor and General Assembly on behalf of each Judicial Council budget unit.
During FY11, the Financial Administration Division successfully implemented Remote Deposit Capture (RDC) for the Institute of Continuing Judicial Education (ICJE) after its budget was cut drastically and was directed to charge for the program's services. Using RDC, ICJE staff scans checks and electronically submits payments to the bank. The AOC is then notified of the transaction and records on the accounting records.
Resources: Appropriations
The Judicial Council budget unit sustained a -0.65% reduction by the General Assembly. The FY
2011 base budget request of $14,809,646 resulted in an adjusted appropriation of $12,969,365.
Breakdown for the Judicial Council Budget Unit showing individual percentage changes are as
follows:
Georgia Appellate Resource Center Office of Dispute Resolution Institute of Continuing Judicial Education
$565,500 $65,013 $486,789
(+2.63%) (+5.01%) (-48.59%)
Judicial Qualifications Commission
$347,709 (-0.18%)
Judicial Council
6
$11,504,354 (+2.63%)
Professionalism in the Courts: Regulating and licensing those who serve in Georgia's courts
Board of Court Reporting
The Board of Court Reporting regulates the profession of court reporting, including individuals and firms, through standards, licensure, testing, and discipline.
35 1,056
117
New certifications Annual renewals Court reporting firms registered/renewed
Emergency Judicial Permits 5 for FY11
Commission on Interpreters
The Commission on Interpreters sets guidelines for the use of interpreters in all courts. In FY2011, the Commission partnered with local universities to offer four 40-hour workshops covering court-related topics and techniques to help prepare 114 prospective interpreters for the National Certification Exam.
26 New certifications 127 Annual renewals 13 Languages 213 Written or oral examinations administered
County and Municipal Probation Advisory Council
The County and Municipal Probation Advisory Council ensures uniform professional standards and agreements are maintained by private and governmental probation supervision entities providing misdemeanor probation services.
8 Letters of Reprimand 1 Administrative Fine 5 Placed on Probation 0 Registration Revoked 1 No Action Taken
40 Compliance reviews 10 Hearings
Sanctions 8 Letters of reprimand 1 Administrative fine 5 Placed on probation
Office of Dispute Resolution
The Office of Dispute Resolution oversees an alternative dispute resolution system in the courts that helps the judiciary fulfill its constitutional mandate to provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. GODR also provides Georgia litigants with a true and effective alternative to traditional litigation.
380 1564
66 2010
New registrations Renewals Reinstatements Total
7
Administrative Office of the Courts
Digitizing the AOC's Records
In FY11, the AOC engaged in a massive scanning project that enabled the agency to divest itself of roughly 347,600 pieces of paper.
Building from a pilot project in FY10 -- which included roughly half the agency -- staff in the Office of Dispute Resolution, the Director's Office, and Court Services Division reviewed their files. Once reviewed, files were either scanned or destroyed based on the newly updated judicial record retention rules (see page 13).
All files are securely stored on Laserfische, a content management system used by the State of Georgia government and are accessible for instantaneous review.
In the process of scanning, 20 filing cabinets were removed from the office and a number of three-ring binders were donated to a middle school in Dallas, GA.
Evaluating Employee Performance
AOC Human Resources launched a new and innovative employee performance evaluation system: ePerformance, a web-based application developed by the Georgia State Personnel Administration. The application allows managers and employees to collaborate on performance measures and assists managers in evaluating performance objectively based on the employee's job description. Human Resources staff received training on the new system and held four trainings for AOC staff and managers. The trainings covered the five statewide core competencies measured in ePerformance: Customer Service, Teamwork and Cooperation, Results Orientation, Accountability, and Judgment and Decision Making.
With this new tool, staff and managers will assess each employee's strengths and accomplishments and help identify employee needs, professional goals, and areas for growth on an ongoing basis.
8
Director's Office Essential agency functions reporting
directly to the AOC director include: legal services provided by the General Counsel; personnel matters handled by Human Resources; and agency publications and media relations assigned to the Communications and Outreach Section.
Additionally, the Governmental Affairs Section of the Director's Office is a clearinghouse for judicial branch legislative initiatives. For the duration of each legislative session, AOC staff maintains a website specific to actions of the General Assembly and the status of court-related legislation. With the assistance of student interns, the staff provides information to members of the House and Senate and their committees. The AOC also lends supports to other judicial branch groups and the State Bar of Georgia on issues of common concern.
Agency-wide Initiatives In FY11, AOC staff worked together to
successfully implement many projects including:
Digitizing the AOC's records based on the revised Record Retention Schedules (see facing page);
Using the ePerformance application to evaluate employee performance (see facing page);
Volunteering time and resources for those in need. AOC staff members volunteered a combined 78 hours at the Atlanta Community Food Bank in February 2011. Additionally, staff contributed $4,253 through state-sponsored charitable efforts.
9
Accountability Courts
In many counties judges, prosecutors, defense attorneys, and treatment providers work to provide accountability for offenders through the state's accountability courts.
These local courts, designed to promote responsibility, offer offenders a chance for intensive treatment while attending regular court sessions and maintaining employment or continuing education rather than being incarcerated.
Not a one-size-fits-all program, the state's accountability courts include Adult/Felony Drug Courts, DUI Courts, Juvenile Drug Courts, Family Dependency Treatment Courts, Child Support Problem Solving Courts, Mental Health Courts, and Veterans' Courts. In 1994, Bibb County began operating the first accountability court, an Adult Felony Drug Court, in Georgia. By the end of FY2011, 130 courts were in operation across the state.
Accountability Courts Caseload FY11
Active Clients on June 30, 2010
4,034
Clients Reviewed for Acceptance
7,261
Clients Admitted
3,105
Graduates
1,540
Terminations
935
Non-completers*
82
Total Clients Served for FY11
6,591
*Death, medical issues, mental illness, etc.
10
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11
Timeline: Georgia Courts
July 2010
Upon revision, the rules for the Supreme
Georgia Commission on Family Violence Moves to AOC
On July 1, 2010, the Georgia Commission on Family Violence (GCFV) once again found a home at the Administrative
Court and Courts of Appeals, and the Uniform Rules of the Superior, State, Juvenile, Probate, Magistrate, and Municipal Courts are posted on georgiacourts.gov in accordance with OCGA 50-18-2.
Office of the Courts after eight years away from the agency.
National Public Information Officer's Conference Holds Meeting
"Your Guide to the Georgia Courts" En Espanol
The Georgia Committee on Access and Fairness in the Courts and the AOC collaborated to translate and publish the popular brochure Your Guide to the Georgia Courts into Spanish.
in Georgia The 2010 Conference of Court Public
Information Officers (CCPIO) meeting was hosted in Atlanta on August 8-10, 2010. Hosted by the AOC and Supreme Court of Georgia, the annual national Conference attracted more than 50 public information officers from federal, state, and
local courts and state administrative offices,
August 2010
including participants from the Caribbean
Electronic Publication of Rules of the Georgia Courts
In August 2010, georgiacourts.gov
Court of Justice and Guam. Georgia judges and local public infor-
mation officers participated in many pan-
became the home to the official
Rules of the Georgia Courts. SB Judicial Council September 17, 2010 Meeting
388 -- Electronic Publication -- gave the AOC and other agencies
v Judicial Council Workload Assessment Committee
the authority to publish informa- notifies the Judicial Council of its withdrawal of new
tion in electronic format: "The
judgeship requests to the General Assembly, even though
[R]eporter [of Decisions] shall
11 circuits qualify for recommendations;
publish a rules compilation in electronic format that is made ac-
v Judicial Council endorses jury reform legislation, pro-
cessible to the public through the duction of an inclusive juror source list, and promulgation
Internet or other suitable elec-
of a Supreme Court Rule for compiling the source list;
tronic methods and shall update the rules compilation as neces-
v Judicial Council approves the records retention
sary."
schedule (see next page).
12
els, including Strategies for Responding to Attacks on the Judiciary, Courtroom Access for the Media -- Is There a Limit?, and Terror and the Courts: A Case Study.
"Either/Or": Bridging Community and System Responses to Domestic Violence. Over 300 participants gathered in Peachtree City, GA.
September 2010
Georgia Commission on Family Violence Conference
On September 12-14, 2010, the Commission on Family Violence held its 16th Annual conference entitled: No More
Judicial Council The Judicial Council met on September
17, 2010, in Forsyth, GA.
Record Retention In September 2010, the Judicial Council of Georgia adopted the Official Judicial Branch
Record Retention Schedules ("Schedules"), a complete revision of prior judicial retention schedules. A provision for the imaging of records and electronic storage allows for the destruction of paper records, freeing up valuable storage space for clerks and courts.
The Schedules are current with the Official Code of Georgia and provide quick references to changes for the judiciary. Additionally, standards for electronic imaging are outlined and previously ambiguous references are clarified. Previously record retention schedules varied from court to court, now the Schedules provide uniformity for the entire Georgia judiciary.
On October 7, 2009, the Supreme Court of Georgia issued an Order completely revising the procedures to use for working with record retention schedules. At the succeeding Judicial Council meeting, the Judicial Council Record Retention Committee was tasked with comprehensively revising the 1978 schedules. The Committee, created in 2003, had already identified the latest procedures and best practices for judicial record retention from other states. Additionally, staff researched the status of electronic record keeping at the regional and national levels. In November 2009, the Committee finalized its agenda for revision of the Schedules and adopted an agenda with mandatory deadlines to complete the task. Interested parties were notified that the revision was underway and could send recommendations to the Committee. In close consultation with the Secretary of State, the Committee adopted the imaging standards used by the state.
The newly edited schedules were presented to the Judicial Council in September 2010, distributed to the State Records Committee, and were approved on October 14, 2010.
Timeline: Georgia Courts 13
Timeline: Georgia Courts
December 2010
17th Annual ADR Institute and 2010 Neutrals' Conference
With more than 300 participants in attendance the one-day training conference, held on December 10, 2010, proved to be a success for the Georgia Commission on Dispute Resolution.
Workshops and sessions were video recorded. A one-hour segment was made available for viewing as a free CE offering to registered neutrals.
January 2011
Judicial Council On January 11, 2011, the Judicial
Council met in Athens, GA.
Caseload Reporting Judges and clerks were notified via
E-mail of the CY2010 Caseload Study and were encouraged to submit data through the AOC portal. Fifty-three percent of submissions were received electronically. Superior court clerks were furnished with
Process Server Certification The Judicial Council of Georgia adopted rules for process server program administra-
tion and operation on January 21, 2011. The certification program, legislatively established by OCGA 9-11-4.1, operates in partnership with the Georgia Sheriffs' Association (GSA). The program, rules, and regulations created by a subcommittee of the Judicial Council seek to improve the standards of practice for private service of process and to provide a list of persons eligible to serve process in courts statewide.
Initiated by Rep. Wendell Willard and the Georgia Association of Professional Process Servers (GAPPS), the intent was to initiate legislation that would empower process servers to have the ability to work on a statewide level, rather than for a specific court or judge. During the planning processes, Rep.Willard invited the AOC to contribute to draft legislation, SB 491. After passage of the bill, AOC staff worked with Rep.Willard and other stakeholders, such as GSA and GAPPS, to learn more about the profession of serving process as well as the needs of the courts.
In writing the official rules and regulations, the Judicial Council subcommittee and AOC staff researched standards from other states and also incorporated ways to raise the professionalism among those presently serving Georgia's courts. The rules and regulations include specifications for a twelve-hour precertification training and certification test. Also outlined are the application and renewal processes, elements of approved training programs, ongoing qualifications, professional standards, and necessary skills and knowledge for certified process servers.
14
Judicial Council January 11, 2011 Meeting
F Judicial Council adopts rules for Process Server Certification (see facing page);
F Judicial Council Workload Assessment Committee announces a new time and motion study to commence in March 2011;
F Chief Justice Hunstein announces the Conference of Chief Justices/Conference of State Court Administrators will meet in Atlanta in August.
the Georgia Caseload Reporting Guide: CY2010, an instruction manual created by the AOC to assist with collecting data.
State of the Judiciary Chief Justice Carol W. Hunstein deliv-
ered her second State of the Judiciary Address to a joint session of the Georgia General Assembly on February 16, 2011. (See page 2.)
February 2011
Benham Service Awards On February 15, 2011, Judge Samuel
D. Ozburn, Superior Courts, Alcovy Judicial Circuit, and Judge M. Anthony Baker, Juvenile Court, Blue Ridge Judicial Circuit, were among the 2011 recipients of the State Bar of Georgia's Justice Robert Benham Award for Community Service.
Time and Motion Study The AOC, under the direction of the
Judicial Workload Assessment Committee, conducted a Time and Motion Study to determine circuit judgeship needs. Forms were distributed to the state's 205 superior court judges to record their day-to-day activities for the month of March. One hundred forty-seven judges participated detailing their work on and off the bench.
Data collected was used in conjunction with disposition information during caseload reporting from the clerks of superior court to establish new times to disposition. A new circuit classification -- single county suburban -- was created as a result of the 2011 study. In order to conserve resources, communications regarding the study were conducted exclusively through electronic means.
March 2011
DUI Court Report The National Highway Traffic Safety
Administration released "An Evaluation of the Three Georgia DUI Courts" in March 2011, which supports the work of Accountability Courts in Georgia. The study evaluated DUI Courts in Chatham, Clarke, and Hall counties reviewing data from 20032006.
During that time, these courts experienced a 79% retention rate indicating that most participants remained in these programs and were motivated to complete it. Offenders who graduated from one of the DUI courts experienced a 9% recidivism
Timeline: Georgia Courts 15
Timeline: Georgia Courts
rate; terminated offenders experienced a 26% recidivism rate. The report estimates that the DUI courts prevented between 47 and 112 repeat arrests.
April 2011
Judicial Council The Judicial Council met on April 22,
2011, in Forsyth, GA.
May 2011 "Your Guide to the Georgia Courts" Translated into Mandarin Chinese
Following the success of its Spanish translation, Your Guide to the Georgia Courts was translated into Mandarin Chinese. Copies of the Chinese, Spanish, and English version are available free of charge from the AOC.
Judicial Council April 22, 2011 Meeting
v Mr. Adam Gelb, Pew Charitable Trust, discusses America's rising rates of incarceration that are driving an urgent prison reform movement;
v Chief Justice Hunstein calls on judges of all classes of court to help support the Institute of Continuing Judicial Education's efforts to restore full funding during the legislative session.
Jury Composition Reform Act On May 3, 2011, Gov. Nathan Deal
signed the Jury Composition Reform Act -- HB 415 -- at the State Bar of Georgia building in Atlanta.
John H. Ruffin, Jr. Courthouse Dedicated
The Augusta-Richmond County Judicial Center, John H. Ruffin, Jr. Courthouse was officially dedicated on May 18, 2011. The Courthouse is named for Judge John H. Ruffin, Jr., the former Chief Judge of the Court of Appeals of Georgia who died in 2010 after retiring from the bench. Judge Ruffin was a civil rights attorney and Superior Court Judge in the Augusta Judicial Circuit before being appointed to the Court of Appeals bench.
Child Support E-filing On May 17, 2011, the Clarke County
Division of Child Support Services began filing documents electronically in the Clarke County Superior Court using the Georgia Judicial Exchange Child Support E-filing (GAJE) system, designed by the AOC and the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA).
By the end of FY2011, more than 25 counties had filed 18,622 child support documents using GAJE.
16
Jury Reform Bill HB 415 -- the Jury Reform Bill -- creates a statewide jury pool, ending forced balanc-
ing of the jury box and implementing a series of procedures and rules to compile a statewide, inclusive juror source list.The Council of Superior Court Clerks will have the responsibility to establish and maintain a statewide master jury list for each county in Georgia.The Department of Driver Services and the Secretary of State, Elections Division will provide data on Georgia drivers and voters for this purpose.
HB 415 is the culmination of a nine-year effort. In May 2002, Augusta was host to the Georgia Jury Summit that brought together 146 court system participants whose discussions centered on improving both the perception and reality of jury service in Georgia's civil and criminal court system. In 2004, the Supreme Court Jury Composition Committee, chaired by Justice Hugh Thompson, was created to continue work on jury reform.
Accountability Courts Conference The Judicial Council of Georgia Com-
mittee on Accountability Courts hosted its seventh annual conference at the Renaissance Waverly Hotel in Atlanta, Georgia on May 31 - June 2, 2011. The 2011 conference, entitled "The Measure of Tomorrow: Make Every Connection Matter," was attended by more than 600 Drug, DUI, and Mental Health Court professionals including judges, case workers, service providers, and law enforcement officers from around the nation.
The AOC Accountability Courts and Grants Management Section received $160,000 in federal funds to host the program.
June 2011
eCitation Portal The AOC developed, in partnership
with Wipro Technologies Limited, the Electronic Citation Payment System (eCitation) Portal. The Portal is an enhancement for TIPS (Traffic Information Processing System), a web-based software program that serves all classes of courts through facilitation of automation and information sharing.
The Portal provides citizens a convenient way to check citation status and fine amount, offers online payment of fines, and provides proof of payment. For courts, eCitation decreases courthouse traffic, frees up staff time, automates the remittance process, fully interfaces with TIPS, and offers the latest National Information Exchange Model (NIEM) compliance.
17
The Supreme Court of Georgia
The Supreme Court of Georgia, the state's highest court, is composed of a Chief Justice, a Presiding Justice, and five Justices. The court's primary function is to review decisions made in a lower trial or appellate court. Cases are assigned to one of the seven justices for preparation of opinions. The draft opinion is circulated to all other justices for study; after discussion en banc the opinion is adopted or rejected by vote of the justices.
Cases Filed
2009 2010
Direct Appeals
554
471
Cross Appeals
NR
11
Rule 34(4)(F)
NR
21
Death Penalty
NR
3
Petitions for Certiorari
564
479
Granted Petitions for Certiorari
NR
53
Certified Questions
6
2
Applications for Appeal
Habeas Corpus
393
402
Discretionary
260
216
Interlocutory
46
45
Interim Review
3
7
Attorney Disciplinaries
126
155
Bar Admissions
8*
5
Original Petitions
9
2
Emergency Motions
10
14
Execution Matters
NR
3
Death Penalty Habeas Corpus
NR
4
Unauthorized Practice/
Formal Advisory
NR
4
Time Extensions
NR
90
Judicial Qualifications
NR
7
Appointments of Special Master
NR
42
Total
1,979 2,036
Cases Disposed
2009
By Opinion
325
Affirmed without Opinion
8
Stricken from Docket
1
Allowed Withdrawn
21
Transferred to Court of Appeals
93
Appeals Dismissed
125
Cross Appeals
NR
Rule 34(4)(F)
NR
Death Penalty
NR
Certified Questions
NR
Petition for Certiorari
Granted
56
Denied
420
Other
64
Habeas Corpus Applications
Granted
32
Denied
296
Dismissed
75
Other
4
Discretionary Applications
Granted
52
Denied
91
Transferred to Court of Appeals
45
Other
58
Interlocutory Applications
Granted
14
Denied
22
Dismissed
NR
Transferred to Court of Appeals
7
Other
3
Interim Review
Granted
2
Denied
1
Extraordinary Motions
Granted
0
Denied
1
Transferred to Court of Appeals
3
Dismissed
1
Attorney Discipline**
132
Bar Admissions
3
Judicial Qualifications
3
2010
357 6 1 18 92
106 8
27 3 8
51 403 45
25 235 56
6
52 100
26 32
12 19
6 9 3
4 3
2 10 1
3 130
3 7
*Includes Judicial Qualifications NR = Not Reported.
18
Total
**Includes Appointing of Special Master NR = Not Reported.
1,958 1,868
Supreme Court Filings 2001-2010
2,500
2,000 1,856
1,889
1,976
1,949
1,882
1,868
2,060
2,036
1,875
1,979
1,500 2001
2002
2003
2004
2005
2006
2007
2008 2009
2010
Supreme Court Dispositions 2001-2010
2,500
2,167
2,160
2,000
2,044
2,055 2,004
1,914
1,832
2,038
1,958
1,868
1,500 2001
2002 2003
2004
2005
2006
2007
2008 2009
2010
19
The Court of Appeals of Georgia
The Court of Appeals, made up of twelve judges, has constitutional jurisdiction over appeals from superior, state, and juvenile courts in all cases where exclusive jurisdiction is not reserved to the Supreme Court of Georgia. Each case appealed to the court is heard by a panel of three judges. The Chief Judge of the court appoints a Presiding Judge and assigns two other judges to each panel. If a judge of a panel dissents, the case is assigned to a larger panel for decision.
Filings
2009
Direct Appeals Discretionary Applications Interlocutory Applications 40 (b) Motions
Total
2,410 503 318 29
3,260
2010
2,364 509 305 34
3,212
Dispositions
2009
Direct Appeals By Opinion Companion Cases Non-Published Opinion & Rule 36 Order Total
1,277 126
367 729 2,499
Discretionary Applications
Granted
130
Denied
214
Dismissed
129
Transferred
25
Withdrawn
0
Other
4
Total
502
Interlocutory Applications
Granted
117
Denied
165
Dismissed
16
Transferred
6
Withdrawn
1
Other
0
Total
305
Total
3,001
2010
1,070 121
430 633 2,254
136 244 100
25 1 8 514
123 184 19
2 1 0 329
3,097
Court of Appeals
20
Court of Appeals Filings 2001-2010
3,500
3,464
3,331
3,250
3,275
3,254
3,335
3,296 3,298
3,260 3,212
3,157
3,000
2001 2002 2003
2004
2005
2006
2007
2008 2009
2010
Court of Appeals Dispositions 2001-2010
3,500
3,453 3,402
3,333 3,250
3,331
3,346
3,335
3,248 3,201
3,249
3,112
3,000
2001 2002 2003
2004
2005
2006
2007
2008 2009
2010
21
The Superior Courts
The 159 superior courts are general jurisdiction trial courts exercising both civil and criminal jurisdiction. Superior court judges hear all felony cases, domestic relations cases, equity cases and other civil matters. Superior courts have jurisdiction to hear appeals from lower courts as provided by the Georgia Constitution including appeals of judgments from the probate and magistrate courts that are handled as de novo appeals.
The superior courts are organized into 49 judicial circuits made up of one or more counties. Judicial circuits and new superior court judgeships are established by act of the General Assembly.
Superior court judges are constitutional officers who are elected to four-year terms in circuit-wide nonpartisan elections. Senior superior court judges may hear cases as assigned in any circuit.
CY 2009 CY 2010
Total Criminal Dockets Filed Defendants Filed
150,440 148,640 163,639 161,742
Serious Felony Dockets Filed Defendants Filed
8,051 9,117 9,990 11,213
Felony Dockets Filed Defendants Filed
78,140 74,176 87,618 84,264
Unified Appeals
22
16
Misdemeanor Dockets Filed Defendants Filed
23,402 24,823 25,184 25,741
Probation Revocation
40,825 40,508
Total Civil Dockets Filed
304,975 293,531
General Civil Dockets Filed
134,492 115,715
Domestic Relations Dockets Filed 170,483 177,816
Total Dockets Filed
455,415 442,171
Superior Courts
22
500,000
Superior Courts Filings 2001-2010
455,415 443,597
428,706
443,939
400,000
393,263 405,703
351,959 356,548
366,132
354,882
300,000 2001 2002 2003
2004 2005 2006 2007 2008
2009
2010
200,000 150,000 100,000
Superior Courts Case Types 2006-2010
162,138 148,993
94,572
154,161 153,434
121,111
161,156 152,228 130,213
170,483
177,816
150,440 134,492
150,408 115,715
Criminal General Civil Domestic Relations
50,000
2006
2007
2008
2009
2010
23
The State Courts
State courts are county courts that exercise limited jurisdiction. State court judges have criminal jurisdiction over misdemeanor offenses, felony preliminary hearings, traffic violations, application and issuance of search and arrest warrants. Civil matters not reserved exclusively to the superior courts are also adjudicated in state courts. Appeals of judgments from the magistrate courts may be sent to the state court and handled as a de novo appeal.
The General Assembly creates state courts by local legislation establishing the number of judges and their status as full-time or part-time. State court judges are elected to four-year terms in countywide, nonpartisan elections.
Serious Traffic Open Filed Disposed
Non-Traffic Misdemeanors Open Filed Disposed
Probation Revocations Open Filed Disposed
Other Traffic Open Filed Disposed
Landlord/Tenant Disputes Open Filed Disposed
Other Civil Open Filed Disposed
Total Open Filed Disposed
CY 2009 CY 2010
24,288 44,635 35,623
24,530 35,067 24,714
55,032 122,757 108,107
59,393 105,791 98,998
6,085 29,901 17,941
8,609 30,037 17,744
164,742 473,877 410,429
163,523 441,162 398,034
422 99,197 53,002
282 66,956 20,402
91,161 215,556 139,811
87,978 188,143 129,370
341,730 999,443 764,913
344,315 884,540 689,262
State Courts
24
1,200,000
State Courts Filings 2001-2010
1,000,000 800,000
1,023,498
1,009,960
999,443
919,470 904,611
927,978
816,997
873,641
884,540
702,096
600,000 2001
2002
2003
2004 2005 2006 2007 2008
2009
2010
State Courts Criminal and Civil Filings 2006-2010
800,000
700,000
658,140
600,000
702,065
683,218
Criminal Filings Civil Filings
684,690
612,057
500,000
400,000
300,000
269,838
307,895
335,641
314,753
255,099
200,000
2006
2007
2008
2009
2010
25
The Juvenile Courts
Jurisdiction of the juvenile courts extends to delinquent and unruly children under 17 years of age and deprived and neglected children under 18 years of age. Juvenile court judges have jurisdiction over minors who commit traffic violations, request consent to marry, or enlist in the armed forces. Juvenile courts have concurrent jurisdiction with superior courts in child custody and child support cases and in proceedings to terminate parental rights. Certain serious violent felonies committed by juveniles may be tried in superior court. Juvenile court judges are appointed by the superior court judges of the circuit to four-year terms.
CY 2009 CY 2010
Delinquent Filed Disposed Open
58,289 55,001 25,343
56,334 53,128 24,246
Unruly Filed Disposed Open
17,411 15,743 7,755
17,588 16,097
8,411
Termination of Parental Rights Filed Disposed Open
1,390 1,282
842
1,453 1,289
932
Deprived Filed Disposed Open
20,055 17,856 15,280
20,488 17,988 12,863
Traffic Filed Disposed Open
9,939 9,202 5,103
9,018 8,420 3,712
Special Proceedings Filed Disposed Open
4,381 3,984 2,324
4,080 3,446 2,788
Total Filed Disposed Open
111,465 103,068 56,647
109,143 100,431 52,998
Juvenile Courts
26
200,000
Juvenile Courts Filings 2001-2010
150,000
125,252
157,265 152,655 151,718 141,343
127,730
100,000 93,752
122,074
111,465 109,143
50,000 2001 2002 2003
2004 2005 2006 2007 2008
2009
2010
Juvenile Courts Delinquent and Other* Filings 2006-2010
80,000
77,716
Deliquent Filings Other Filings
70,000
74,002
71,173 70,170
66,120
60,000
61,610
58,289
56,334
50,000
2006
2007
2008
53,176 2009
52,809 2010
*Other Filings consists of Unruly,Termination of Parental Rights, Deprived,Traffic, and Special Proceedings filings.
27
The 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 individuals.
Probate court judges are constitutional officers who are elected to four-year terms. All probate court judges administer oaths of office and issue marriage licenses. In some counties probate judges may hold habeas corpus hearings or preside over criminal preliminary hearings. Unless a jury trial is requested, a probate court judge may also hear certain misde-
meanors, traffic cases, and violations of state game and fish laws in counties where there is no state court.
In counties with a population of 96,000 or greater, the probate judge must be an attorney meeting the qualifications of a superior court judge. In those counties, jurisdiction is expanded or enhanced to include the right to a jury trial, with appeals directly to the Court of Appeals or Supreme Court.
When authorized by local statute, probate judges serve as election supervisors and make appointments to certain local public offices.
Civil
CY 2009 CY 2010
Letters of Administration
8,021
6,922
No Administration Necessary
698
684
Will Probate
19,848 20,239
Year's Support
2,254
2,209
Guardianship
14,351 13,426
Petitions
662
681
Custodial
18
86
Citations
1,753
1,162
Miscellaneous
32,015 31,234
Inventories
15,225 15,624
Mental Health
3,533
3,741
Habeas Corpus
17
40
Total Dockets
94,955 96,048
Licenses Marriage Firearms
68,431 124,503
71,166 95,351
28
Criminal
Misdemeanor Filed
Disposed by: Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
Traffic Filed
Disposed by: Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
Total Filed Disposed
CY 2009 CY 2010
12,349 19,708
5,710 4,234 2,235
505 118
5,013 3,279 1,174
512 286
239,387 225,631
116,646 67,182 29,701
118,292 164,843 18,541
4,796 1,786
3,708 4,482
252,070 245,339 240,378 320,130
Probate Courts
400,000 350,000 300,000 250,000
Probate Courts Total Filings 2001-2010
368,183 372,033
347,025 341,387
289,399
293,376
260,011
325,002
200,000 192,117 186,619
150,000
2001
2002
2003
2004 2005
2006
2007
2008
2009 2010
Probate Courts Criminal and Civil Filings 2001-2010
300,000 250,000
272,294 276,312
252,070 245,339
200,000
207,142
150,000
149,735 144,817
168,293
200,777
235,050
100,000
91,718 92,599 95,889 95,721 89,952 94,955 96,048 82,257
50,000
42,382 41,802
Criminal Filings Civil Filings
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
29
The Magistrate Courts
Magistrate court jurisdiction includes: civil claims of $15,000 or less; certain minor criminal offenses; distress warrants and dispossessory writs; county ordinance violations; deposit account fraud (bad checks); preliminary hearings; and summonses, arrest, and search warrants. A chief magistrate, who may be assisted by one or more magistrates, presides over each of Georgia's 159 magistrate courts.
Most chief magistrates are elected in partisan, countywide elections to four-year terms. In some counties, the chief magistrate is appointed by the superior court judges. Terms for other magistrate judges run concurrently with that of the chief magistrate.
Civil
Claims Filed Disposed by: Non-Trial Trial
Disposessories and Distress Warrants
Filed Disposed by:
Non-Trial Trial
Garnishments Filed Disposed by: Non-Trial Trial
Foreclosures and Attachments
Filed Disposed by:
Non-Trial Trial
Total Civil Filings
CY 2009 CY 2010
186,406 191,095 105,241 145,035 38,107 38,761
206,999 247,128
113,098 127,352 41,075 45,142
52,574
33,155 1,563
58,995
29,410 1,450
15,408
10,752 1,757
14,042
9,170 909
461,387 511,260
Criminal
Warrants Issued Felony Arrest Misdemeanor Arrest Good Behavior Search Warrant
Hearings Warrant Application First Appearance Commitment Good Behavior
Ordinance Violations Filed Disposed by: Non-Trial Trial
Misdemeanor Filed Disposed by: Non-Trial Trial
Criminal & Civil Warrants & Filings Hearings & Dispositions
CY 2009 CY 2010
171,803 176,377
2,394 11,632
151,776 184,370
2,048 12,401
32,516 192,628 68,254
2,492
37,360 194,921 72,206
1,487
65,100
19,912 25,959
67,553
20,065 28,464
22,430
12,577 4,177
16,001
10,635 3,312
919,378 945,409 690,553 765,679
Magistrate Courts
30
Magistrate Courts Civil Filings 2001-2010
600,000
500,000
467,511 468,916
511,260
422,286
456,200 461,387
400,000
396,902 377,867 380,625
416,022
300,000 2001 2002 2003
2004 2005 2006 2007 2008
2009
2010
Magistrate Courts Criminal Filings 2001-2010
500,000
413,845 400,000
396,913
480,840
481,259
465,172
449,736 455,095 454,750
434,149
372,512
300,000 2001 2002 2003
2004 2005 2006 2007 2008
2009
2010
31
The Municipal Courts
Georgia's municipal courts hear traffic and ordinance violation cases in 400 towns and cities--from tiny Abbeville to suburban Avondale Estates. Municipal Court judges hear municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and sometimes have concurrent jurisdiction over shoplifting cases and cases involving possession of one ounce or less of marijuana.
In 2010, 89% of municipal courts submitted caseload data to the Administrative Office of the Courts, up from 84% in 2009.
Filings Traffic Ordinance Serious Traffic Drugs DUI Misdemeanors Felony Bindovers Other
Total
Hearings Traffic Ordinance Serious Traffic Drugs DUI Misdemeanors Felony Bindovers Other
Total
NR = Not Reported.
CY 2009 CY 2010
1,382,451 1,327,459
280,055 100,870
NR 39,571
13,414 12,241
27,867
NR
NR 77,375
NR 16,118
164,693
NR
1,868,480 1,573,634
417,283 58,693
NR 8,976 17,463
NR NR 39,197
920,873 61,140 24,638 8,464
NR 49,237
8,833 NR
541,612 1,073,185
Municipal Courts
32
Municipal Courts Total Filings 2003-2010
2,000,000
1,872,633
1,500,000
1,573,634
1,000,000
795,885
1,208,126 869,811
500,000 267,896
370,580
0 2003
134,372 2004
2005
2006
2007
2008
2009
2010
Municipal Courts Filings by type 2003-2010
1,500,000
Traffic Filings All Other Filings
1,414,207 1,367,030
1,200,000
900,000 600,000
466,901
734,391
933,307
458,426
300,000
217,523 108,353
328,984
324,285
274,819
206,604
50,373
0
2003
26,019 2004
2005
46,295 2006
135,420
2007
2008
2009
2010
33
Judicial Demographics
In January 2012, a survey of racial and gender roles in Georgia's judiciary was undertaken. Below are the results as of January 1, 2012. Some data were unavailable to the AOC and have been reported here as "Unknown."
Supreme Court of Georgia 7 Justices.
4 judges White Male
57%
2 judges African American Male 29%
1 judge White Female
14%
Court of Appeals. 12 judges.
8 judges White Male
67%
2 judges White Female
17%
1 judge African American Male
8%
1 judge African American Female 8%
Superior Court. 205 judgeships; three vacancies.
147 judges 34 judges 12 judges 9 judges
White Male
74%
White Female
16%
African American Male
6%
African American Female 4%
State Court. 122 judgeships.
92 judges 18 judges 5 judges 5 judges
1 judge 1 judge
White Male
76%
White Female
15%
African American Male
4%
African American Female 4%
Asian Male
.5%
Asian Female
.5%
Juvenile Court. 121 judges, including full time and associate judges.
74 judges 23 judges 9 judges 6 judges 9 judges
White Male
61%
White Female
19%
African American Male
7%
African American Female 5%
Unknown*
7%
Judges by Race
White
African American Asian Native American Other Unknown*
1218
149 4 4 2
99
White
African American
Asian Other
Native American
Unknown
*One or more characteristic was unavailable to the AOC to determine a demographic category. As of January 1, 2012.
34
Probate Court. 159 judges;13 associate judges.
91 judges 72 judges 5 judges 3 judges
1 judge
White Female
53%
White Male
42%
African American Female 3%
African American Male
2%
Unknown*
.5%
Magistrate Court. 159 chief magistrates; 331 magistrates.
214 judges 159 judges 33 judges 24 judges
1 judge 2 judges 1 judge 1 judge 1 judge 54 judges
White Male
45%
White Female
31%
African American Female 7%
African American Male
5%
Asian Male
.2%
Native American Male
.4%
Native American Female .2%
Other Male
.2%
Other Female
.2%
Unknown*
11%
Municipal Court. 350 judges.
242 judges 37 judges 17 judges 17 judges
1 judge 1 judge 35 judges
White Male
69%
White Female
11%
African American Female 5%
African American Male
5%
Asian Male
.3%
Native American Male
.3%
Unknown*
10%
Judges by Gender
Male
933
Female
444
Unknown*
99
Female
Unknown Male
*One or more characteristic was unavailable to the AOC to determine a demographic category. As of January 1, 2012.
35
Judicial Elections and Appointments
Court of Appeals
Appointments Judge Keith R. Blackwell Judge Stephen L.A. Dillard
Elected Judge Christopher J. McFadden
11/01/10 11/01/10
01/01/11
Superior Court
Appointments Judge Amanda Mercier, Appalachian Cir. 07/15/10
Judge William C. Rumer, Chattahoochee Cir. 08/18/10
Judge W. Fletcher Sams, Griffin Circuit
10/04/10
Judge Richard M. Crawford, Griffin Circuit 10/04/10
Judge Reuben Green, Cobb Circuit
10/06/10
Judge Patrick Haggard,Western Circuit 06/15/11
Elected Judge Courtney Johnson, Stone Mtn. Cir. 01/01/11
Judge Kelly Lee, Atlanta Circuit
01/01/11
Judge Howard Simms, Macon Circuit
01/01/11
State Court
Appointments Judge Allen Dee Morris, Cherokee County 08/12/10
Judge Aaron Mason, Clayton County
08/12/10
Judge John Flythe, Richmond County
08/16/10
Judge Jeffery L. Arnold, Long County
08/16/10
Judge James Edward Barker, Douglas Co. 08/19/10
Judge Steven Campbell, Habersham Co. 09/02/10
Judge Dax E. Lopez, DeKalb County
09/23/10
Judge Carla W. McMillian, Fayette County 10/04/10
Judge Eric A. Brewton, Cobb County
10/06/10
Judge Wesley B.Tailor, Fulton County
12/21/10
Judge Robert D. Leonard, Cobb County 12/28/10
Judge Robert Alexander, Jackson County 03/30/11
Judge Eleanor Ross, DeKalb County
04/29/11
Judge Stacey Hydrick, DeKalb County
04/29/11
Elected Judge Jason Ashford, Houston County
01/01/11
Judge Shawn Rowland, Jeff Davis County 01/01/11
Judge Jason Fincher, Cobb County
01/01/11
36