Annual Report Georgia Courts July 1, 2012 - June 30, 2013
COUNCIL OF GEORG
40
ISTRATIVE OFFICE O
JUDICIAL
F THE COURTS
IA
ADMIN
Published by the Judicial Council of Georgia and the (KTPUPZ[YH[P]L6MJLVM[OL*V\Y[Z
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 Designer, Derrick B. Bryant
Judicial Council of Georgia (KTPUPZ[YH[P]L6MJLVM[OL*V\Y[Z >HZOPUN[VU:[YLL[:>:\P[L
Atlanta, GA 30334
Table of Contents
State of the Judiciary..................................................................................................... 2 New Legislation............................................................................................................ 3 Judicial Council of Georgia .......................................................................................... 4 (KTPUPZ[YH[P]L6MJLVM[OL*V\Y[Z ............................................................................... 6 Georgia Courts ........................................................................................................... 13
Year in Review....................................................................................................... 13 Budgets ................................................................................................................. 17 Caseload ............................................................................................................... 18
Supreme Court ................................................................................................. 20 Court of Appeals............................................................................................... 22 Superior Courts................................................................................................. 24 State Courts ...................................................................................................... 26 Juvenile Courts ................................................................................................. 28 Probate Courts.................................................................................................. 30 Magistrate Courts.............................................................................................. 32 Municipal Courts.............................................................................................. 34 Judicial Demographics ............................................................................................... 36 Judicial Elections and Appointments ........................................................................... 37
Annual Report Georgia Courts: FY 2013
Judiciary State of the
Chief Justice Carol W. Hunstein
Smart reforms in the adult and juvenile justice systems were the highlights of Chief Justice Carol W. /\UZ[LPUZUHS:[H[LVM[OL1\KPJPHry address, which she delivered to a joint session of the Georgia General Assembly on February 7, 2013.
Criminal Justice Reform: The Chief Justice praised the work of the Special Council on Criminal Justice Reform, which two years earlier united the three branches of government in an effort to make Georgia safer while saving taxpayer dollars. The council's key achievement was a comprehensive set of new laws that diverted non-violent and low-level offenders into drug and mental health courts and treatment programs rather than prison. Under the initiative, 12 new drug and mental health courts, and substance abuse and mental health treatment
centers were created to address the roots of crime and repeat offenses. A new program that helps long-term inmates transition back into mainstream society also addresses recidivism. The reforms have stopped Georgia's prison population growth and reduced the number of inmates in local incarceration centers, and they will save taxpayers $264 milSPVUV]LY]L`LHYZZOLUV[LK
Juvenile Justice Reform: Just as it has reformed the adult criminal justice system, Georgia is poised to enter a new era in how it deals with troubled youth, the Chief Justice said. Imprisoning youthful offenders only exposes them to violence, abuse and more criminality. Nonviolent offenders, minor juvenile offenders and low risk children deserve second chances, she said, and should be offered effective options such as mental health and substance abuse treatment, anger management, family counseling, education and employment guidance, and supervised probation.
The Chief Justice pointed to innovative pilot programs in Ohio and Illinois that divert money spent on incarcerating children into community-based programs that offer rehabilitation, and she urged Georgia's political leaders to consider similar initiatives. Because children cost [OLZ[H[L]L[PTLZTVYL[OHUHK\S[Z to imprison, Georgia taxpayers Z[HUK[VYLHSPaLZPNUPJHU[ILUL[Z
by investing in youth reform rather than incarceration, she said.
The Chief Justice also noted several ZPNUPJHU[Q\KPJPHSIYHUJOWYVQLJ[Z!
1\KNLZPU[^VJV\U[PLZSL]LYHNLK federal funds to create four drug and mental health courts;
;OL(KTPUPZ[YH[P]L6MJLVM[OL Courts, supported by the Commission on Interpreters, continued a pilot project to provide constitutionally mandated interpreting services to courts in outlying areas;
;OL.LVYNPH*VTTPZZPVUVU-HTily Violence led by Judge Stephen Kelley, Superior Courts, Brunswick Judicial Circuit, and Judge Peggy Walker, Juvenile Court, Douglas Judicial Circuit developed a JVTWYLOLUZP]LWSHU[VZPNUPJHU[S` reduce family violence in Georgia;
7YVNYLZZJVU[PU\LKVUHZ[H[L^PKL LSLJ[YVUPJSPUNZ`Z[LT[OH[PZJVTpatible with all courts.
2
New Legislation
The House of Representatives Chambers
The 2013 Georgia General Assembly celebrated the longawaited passage of a new Juvenile Justice Code that went into effect January 1, 2014. HB 242, the Juvenile Justice Reform Bill, was the culmination of years of reform efforts by the state bar's Young Lawyers Division, the Special Council on Criminal Justice Reform, and JUSTGeorgia, a statewide juvenile justice coalition led by the Barton Child Law and Policy Center, Voices for Georgia's Children and Georgia Appleseed.
The new code will bring sweeping changes to the state's juvenile justice system. For cases involving status offenders, the new laws are aimed at keeping children out of detention centers and providing them with social services that will reduce juvenile recidivism. In delinquency cases, judges will be able to consider the severity of the offenses and the risk of re-offending when sentencing juveniles.
For the Judicial Council, the 2013 Both the House and the Senate
legislative session was marked not passed resolutions honoring the
by big initiatives, but by technical Judicial Council and the Admin-
and incremental changes to existing PZ[YH[P]L6MJLVM[OL*V\Y[ZMVY
SH^Z0UKP]PK\HSIPSSZVMZPNUPJHUJL forty years of service to the State.
included SB 66, which increased
The resolutions praised the Judicial
the maximum contempt of court
Council and the AOC for their forty
penalties in superior and state
`LHYJVTTP[TLU[[V[OLLMJPLU[
courts from $500 to $1,000.
and fair administration of justice
SB 120 gave probate courts in coun- in Georgia's courts. The House
ties having no state court the statu- of Representatives' resolution was
tory authority to request prosecuting offered by House Speaker David
attorneys for cases subject to the
Ralston and Judiciary Chairman
court's jurisdiction. The magistrate Wendell Willard. Senator John
courts saw passage of HB 146,
Crosby, a popular former judge, as
which provides for the issuance of well as Senators Stone, McKoon
electronic warrants and adds proce- and Cowsert sponsored the Sen-
dural safeguards in the issuance of ate resolution. Formal copies of the
good behavior bonds.
resolutions were delivered to Chief
Justice Hunstein and AOC Director
AOC staff continued to work with Marla Moore. The resolutions now
judges on projects like misdemean- hang in the reception area of the
VY[YHMJYLMVYTJVU[YPI\[PUN[V[OL (6*VMJLZ
2013 House Title 40 Study Commit-
[LLYLWVY[;YHMJYLMVYTSLNPZSH[PVU was eventually introduced in the waning days of the session for continued work the next year.
For a full look at legislation affecting .LVYNPHZJV\Y[ZWSLHZL]PZP[! O[[W!SLNPZSH[PVUNLVYNPHJV\Y[ZNV]
WHNLZOVTLQZM
3
Annual Report Georgia Courts: FY 2013
Council Judicial
of Georgia
The 26-member Judicial Council develops policies for improving and administering Georgia courts. The Chief Justice of the Supreme Court serves as chair of the council; membership consists of the presidents and presidents-elect of the judges' councils for each level VMJV\Y[!HWWLSSH[LZ\WLYPVYZ[H[L juvenile, probate, magistrate, and municipal. On July 3, 2012, the Supreme Court amended the membership of the council to include the president-elect of the Council of Municipal Court Judges.
The council oversees the work of [OL(KTPUPZ[YH[P]L6MJLVM[OL Courts (AOC) through established V]LYZPNO[JVTTP[[LLZ!:[HUKPUN Committee on Policy and Legislation, Committee on Court Reporting Matters, Accountability Court Committee, Judicial Workload Assessment Committee, Domestic Violence Committee, and Records Retention Committee.
In early 2013, members of the Judicial Council, AOC staff, and future Judicial Council members began to develop a strategic plan for FY 2014 through FY 2016. This plan will set long-term goals for the improvement of Georgia's courts, and focus resources to make tangible progress towards those goals. The strategic plan will also facilitate effective communication by the judiciary with the legislature, executive branch, and the public. Working
sessions were held in January, April, and June.
The council met four [PTLZPU-@!
:LW[LTILY Forsyth. The council approved recommendations for additional judges for the Chattahoochee and Oconee judicial circuits. Standards for accountability courts were apWYV]LKMVY!HK\S[KY\NJV\Y[ZKY\N treatment courts, and mental health courts.
1HU\HY`([SHU[H;OL council voted to support legislative initiatives for the 2013 General Assembly session, revised two rules of the Board of Court Reporting, and heard reports on civil services for domestic violence victims, the immigration and the state courts initiative, and statewide judiciary JP]PSLSPUN
(WYPS([SHU[H9LWYLsentative Mary Margaret Oliver (D-Decatur), and Senator Josh McKoon (R-Columbus) were guests of the council and spoke to the budget and revenue issues that continued to be at the forefront of legislative concerns. The council adopted the recommendations of the Special Committee on Court Reporting Fees and Processes regarding [OLHWWSPJH[PVUVMHUVMJPHSMLL
The Judicial Council meets in April 2013.
schedule, format and page rate; the taking down and transcribing court proceedings, documentation VML]PKLUJLHUKLSLJ[YVUPJKPNP[HS reporting.
1\UL([SHU[H;OL council approved standards for adult drug courts, juvenile drug courts, mental health courts, and family dependency treatment courts. It also approved the FY 2014 (K\S[+Y\N*V\Y[*LY[PJH[PVU(Wplication and the FY 2014 Mental /LHS[O*V\Y[*LY[PJH[PVU Application.
4
Judicial Council June 2013
JUDICIAL
F THE COURTS
IA
ADMIN
Chief Justice Carol W. Hunstein
Judge Robin W. Shearer
District Administrative Judges
Chair Supreme Court of Georgia
Council of Juvenile Court Judges
Judge John E. Morse, Jr.
Presiding Justice Hugh P. Thomson Judge J. Lane Bearden
First District
Vice Chair Supreme Court of Georgia Council of Juvenile Court Judges
COUNCIL OF GEORG Chief Judge John J. Ellington
Court of Appeals of Georgia
Presiding Judge Herbert E. Phipps Court of Appeals of Georgia
Judge Kelley Powell Council of Probate Court Judges
Judge Chase Daughtrey Council of Probate Court Judges
Judge Harry Jay Altman II Second District
Judge Edward D. Lukemire Third District
Judge Gregory A. Adams
Judge Louisa Abbot
Judge Alan Harvey
Fourth District
Council of Superior Court Judges
Council of Magistrate Court Judges
Judge Mary Staley Council of Superior Court Judges
Judge Linda S. Cowen Council of State Court Judges
40 Judge Betsey Kidwell
Council of Magistrate Court Judges
Judge Kenneth E. Wickham Council of Municipal Court Judges
Judge Cynthia D. Wright Fifth District
Chief Judge Arch W. McGarity Sixth District
Judge James G. Bodiford
Judge Charles Wynne
Judge James M. Anderson
Seventh District
Council of State Court Judges
Council of Municipal Court Judges
Chief Judge Kathy Palmer
Eighth District
Judge Kathlene Gosselin Ninth District
Chief Judge J. Carlisle Overstreet
ISTRATIVE OFFICE O Tenth District
Judicial Council
5
Annual Report Georgia Courts: FY 2013
Courts $GPLQLVWUDWLYH2FHRIWKH
As a state level court administrative agency, the Administrative 6MJLVM[OL*V\Y[Z(6*M\YUPZOLZ a wide variety of critical support services to the trial and appellate courts and leads business improvement initiatives as directed by the Judicial Council. The agency is VYNHUPaLKPU[V[OYLLSPULKP]PZPVUZ! Court Services, Financial Administration, and Information Technology, which work closely with the Direc[VYZ6MJLZ[HMMWYVMLZZPVUHSZ
The Director is responsible to the Judicial Council for the operation and performance of the AOC and supervises staff functions involving budget, communications, governmental and court liaison, human resources, and legal support.
The Director participates on state boards and commissions including the Criminal Justice Coordinating Council, Commission on Family Violence, Institute of Continuing Judicial Education, and the State Bar of Georgia's Next Generation Courts Commission.
On a national level, the Director contributes to the Conference of State Court Administrators (COSCA) by sharing subject matter expertise and collaborating to improve court business processes across the country.
Budget Budget policy support is provided by an analyst who oversees internal budget activities, monitors expenditures, and reviews and recommends budget, program, and policy proposals for the Judicial *V\UJPS(6*HUKHMSPH[LKHNLUcies. The analyst also evaluates the ZJHSPTWHJ[VMWV[LU[PHSSLNPZSH[PVU projects, and programs.
Communications The AOC maintains relations with judges, court users, and the public. Newsletters, press releases, social media updates, a directory of court VMJPHSZHUKWLYZVUULSHUKHUHUnual report on the courts serve to inform the judiciary and other constituents of newsworthy developments. The communications team is regularly called upon to offer design and photographic services to associated councils, conferences, and groups.
General Counsel In-house legal counsel provides legal research, advisory, and drafting services for judges, councils, boards, commissions, and court employees. AOC attorneys investigate ethics and other disciplinary complaints against registered court professionals on behalf of their governing organizations and associates with the state Attorney General on matters of mutual concern.
Marla S. Moore, AOC Director
Human Resources The agency performs and offers assistance with human capital and employee management services, inJS\KPUNILUL[ZHUKZHSHY`HKTPUPZtration, leave management monitoring, performance reviews, policy management, and professional training designed to enhance employee development. The human resources staff is also responsible MVYTHPU[HPUPUNVMJPHSWLYZVUULS records, recruitment, and hiring.
Governmental and Trial Court Liaison The Governmental and Trial Court Liaison team supports the Judicial Council's Policy and Legislation Committee in executive and legislative branch relations and internal governing initiatives. Additionally, the team furnishes administrative services to trial court judges' councils, training councils, and leadership, and networks to foster cooperation and communication leading to the improvement of the administration of justice, both inside and outside the judicial branch.
6
In fall of 2012, the Judicial Council and the Council of Probate Court Judges piloted the Judicial Collaborative Service (JCS) to provide a members-only, secure destination for judges to post and edit documents, send messages, and manage projects on-line. The piloted JCS platform proved to be unsuccessful, and a new product is being developed in FY 2014.
In the closing months of FY 2013, the team prepared to accelerate processes relating to Judicial Council policy and legislative development to better communicate and promote judicial branch initiatives to legislators and the Governor.
Court Services Division Many AOC core functions involving daily contact with judges, clerks, court administrators, and other court system professionals fall under the Court Services Division.
The 6MJLVM(JJV\U[HIPSP[`*V\Y[Z and Grants Management supports the Judicial Council Accountability
Court Committee which is charged with executing responsibilities assigned by the Chief Justice and prior criminal justice reform legislation. Initial operational and treatment standards for felony drug and mental health courts were adopted and later revised by the Judicial Council. Standards for other accountability courts (juvenile, family, DUI) were slated for adoption after the end of [OLZJHS`LHY;OLJ\YYLU[:[HUdards for Georgia Accountability Courts can be found at O[[W!IP[S`OX/=>T)
;OLJLY[PJH[PVUHUKWLLYYL]PL^ processes for felony drug and mental health court programs were adopted in June 2013. Applications MVYJLY[PJH[PVU^LYLYLSLHZLK[V these courts immediately after the ZJHS`LHY
Minimum performance measures for adult accountability court WYVNYHTZ^LYLPKLU[PLKPU/) 1176. Using previously submitted data reports and guidance from the National Drug Court Institute, Na-
tional Center for State Courts, and Vera Institute of Justice, the Judicial *V\UJPSPKLU[PLKHKKP[PVUHSWLYMVYmance measures for adult and other programs.
The Judicial Council sponsored the ninth annual Georgia Accountability Courts Conference on May 2022, 2013. The Atlanta conference's [OLTL^HZ:L[[PUN[OL:[HUKHYK! Measuring the Work, Marking Our Progress, and Making a Difference. More than 600 attendees, speakers, and support staff participated in more than 50 workshops and presentations.
The 6MJLVM*LY[PJH[PVUHUK Licensing provides administrative support and registers court profesZPVUHSZMVYHMSPH[LKVYNHUPaH[PVUZ NV]LYUPUNWYVMLZZPVUHSX\HSPJHtions. These professionals include court reporters and court reporting YTZJV\Y[PU[LYWYL[LYZMVYUVU English speakers and the hearing impaired, court mediators and neutrals, family violence intervention programs, misdemeanor proba-
4HZ[LY1\Y`3PZ[Z
During the summer of 2012, Georgia's criminal justice system watched with anticipation as counties began using new jury source lists compiled using a statistical method that greatly increased inclusiveness. The sweeping overhaul of the jury-pool system from county-created jury lists to a master statewide list was the result of groundbreaking legislation sponsored by Rep. Alex Atwood (R-Brunswick) in 2011. The law was enabled by years of study and analysis by the Supreme Court Committee on Jury Composition, led by Justice Hugh Thompson. Working with a consultant, the committee applied sophisticated statistical analysis to millions of public records to ensure that more .LVYNPHUZHYLJVYYLJ[S`PKLU[PLKVUQ\Y`SPZ[ZHUKHYLHISL to exercise their constitutional role as jurors.
From the passage of the legislation until its effective date (July 1, 2012), AOC staff developed rules for creating and \ZPUN[OLUL^THZ[LYQ\Y`SPZ[Z^OPSLJSLYRZVMJLZWYLpared for the enormous, data-intensive task of determining Georgia's jury-eligible population. Once the lists were delivered, local jury and court clerks addressed questions and made the adjustments to accommodate the new sys[LT7YVZLJ\[VYZZ[\KPLK[OLJVUZ[P[\[PVUHSYHTPJH[PVUZVM the lists and successfully defended the constitutionality of several county master jury lists. Feedback on the rollout of [OLYZ[Z[H[LHUKJV\U[`THZ[LYSPZ[ZSLK[VJOHUNLZPU[OL processing of source lists that improved the accuracy of the 2013 master jury lists.
7
Annual Report Georgia Courts: FY 2013
tion providers, and private process ZLY]LYZ;OL6MJLPZZ\LKYLNPZ[YHtions and licenses for nearly 5,000 individuals and businesses during the year.
To improve services to these professionals and businesses and permit real time access to their registration processes and records, the AOC initiated development of an online application that decreases processing time from hours to minutes. As a baseline to compare current and future licensing processes and customer service, the AOC surveyed client groups' satisfaction with current registration and renewal procedures. The project will roll out in phases in FY 2014 and 2015.
Court Interpreters To assist non-English or limited English speakers and deaf or hearing-impaired people using Georgia courts, interpreters must be specially trained as court support professionals to ensure equal access to justice for these individuals.
In FY 2013, the AOC assisted with four interpreter candidate orientation sessions and four written and two oral exams. Fifteen new interpreters in three languages (Spanish, Portuguese, and Vietnamese) were JLY[PLKVYJVUKP[PVUHSS`HWWYV]LK ;OLYLHYL JLY[PLKHUKJVUditionally approved interpreters in Amharic, Bosnian, Cantonese, Farsi, Haitian-Creole, Japanese, Korean, Mandarin, Polish, Portuguese, Spanish, and Vietnamese. In addition, there are eight sign language interWYL[PUNYTZJ\YYLU[S`JLY[PLK[V operate in Georgia.
On behalf of the Supreme Court Commission on Interpreters, an early assessment of language access needs and programs was undertaken to inform development of a state language access plan. The commission considered whether to require JV\Y[PU[LYWYL[LYZ[VM\SSSJVU[PU\ing education requirements. Funded through an appropriation by the General Assembly, a Remote Interpreting Pilot Project was initiated in two courts to evaluate the feasibility of providing long-distance, video court interpretation services in areas with limited access to interpreters. The pilot will be completed in FY 2014.
Court Neutrals ;OL.LVYNPH6MJLVM+PZW\[L9LZVlution (GODR) administratively supports the Commission on Dispute Resolution in its oversight of local, court-connected programs offering alternatives to traditional litigation. Those alternatives mediation, non-binding arbitration, and case evaluation give litigants lower-cost and more participatory choices for resolving their differences, and they help redirect scarce court resources for adversarial cases.
The state's 2,000 neutrals must receive three hours of continuing education credits each year to maintain registered status. GODR provides year-round training opportunities including a series of online videos and publishes Be Neutral, an online newsletter that presents topical issues and services for registered neutrals.
The December 2012 Alternative Dispute Resolution Institute had a record-breaking 257 participants attending the conference in Atlanta, live broadcasts in Savannah and Tifton, and a subsequent video viewing in Macon.
Court Reporters and Firms Court reporters are responsible for producing a verbatim record of court proceedings. In Georgia, TVZ[JV\Y[YLWVY[LYZHYLJLY[PLK in one of two methods machine shorthand or closed microphone ^P[OZVTLJLY[PLKH[]HYPV\ZZRPSS levels within the method.
-\S[VU*V\U[`*V\Y[ Improvement Task Force
An AOC team concluded its year-long support of a study of superior and state court administration in Fulton County. *VTWVZLKVMJV\Y[VMJPHSZ county commissioners, attorneys, community representatives and local legislators, the Fulton County Court Improvement Task Force released its Final Report and Recommendations on September 28, 2012. The report discussed the critical need for innovation in the courts and outlined several recommendations customer service, transparency, accountability, budget independence, collaboration, and elimination of redundancies. The report, appendices, list of members, and other information about the task force can be MV\UKH[!
^^^NLVYNPHJV\Y[ZNV]M\S[VUtaskforce.
8
During the year, the Judicial Council Court Reporting Matters Committee and the Special Committee on Court Reporting Fees and Processes completed studies of court reporting practices in trial courts to identify potential improvements. The Judicial Council voted to employ technology and process JOHUNLZ[OH[^PSSZ\WWVY[LMJPLUcies for courts, county governing authorities, and court reporters.
The Board of Court Reporting of [OL1\KPJPHS*V\UJPSTHKLZPNUPcant changes to its rules governing JV\Y[YLWVY[PUNYTZI`YL]PZPUN[OL SPJLUZ\YLWYVJLZZYLSH[LKKLUPtions, and the description of profesZPVUHSZLY]PJLZ;OL)VHYKJSHYPLK the prohibition of certain contracts for court reporting services and delineated disclosure and grievance YLX\PYLTLU[Z[VWYVT\SNH[LYTZ professional and ethical conduct.
Family Violence Intervention Programs ;OLYLHYLJLY[PLKMHTPS`]PVlence intervention programs operating in 168 locations across the state. These programs, located in 43 judicial circuits and 70 counties, are [OLVUS`WYVNYHTZJLY[PLK[V[LHJO
Georgia Commission on Family Violence meeting, March 2013
domestic violence intervention JSHZZLZ*LY[PLKWYVNYHTZT\Z[ comply with state requirements for victim safety, participant completion and termination, and general liability insurance.
misdemeanor probation providers. The 89 misdemeanor probation providers registered in Georgia employ an average of 1,400 individuals and manage an average of 320,000 cases.
Additionally, every class must be facilitated by a person who has met the state's education and background requirements.
Misdemeanor Probation Providers In addition to routine activities relating to regulatory compliance, the County and Municipal Probation Advisory Council staff participated in the state Department of Audits and Accounts' performance audit of
Private Process Servers Since 2011, the AOC has been responsible for testing private process servers. During FY 2013, the AOC administered two written examinations on Georgia law and procedures as a condition of eligibility for private process servers to apply for M\SSJLY[PJH[PVUVYHWWVPU[TLU[I` designated courts. Of 157 persons applying for the state exam, 143 WLYZVUZWHZZLK;OLJLY[PJH[PVU
License Type
9LNPZ[YH[PVUZ*LY[PJH[PVUZ Total New Applicants Total Registered
*VTWSPHUJL+PZJPWSPUL(J[PVUZ Total Investigations Total Disciplined
Court interpreter
113
177
Court process server
157
143
Court reporter
52
1,039
20
0*
*V\Y[YLWVY[PUNYT
6
115
1**
Family violence
4
168
intervention
program provider
4LKPH[VY5L\[YHS
300
1,849
Misdemeanor probation
3
89
21
11
provider
Total
635
3,580
41
12
*One complaint remains under Board review from FY 2013. +PZJPWSPUHY`ZHUJ[PVUZHNHPUZ[[OLJV\Y[YLWVY[PUNYT^LYLPZZ\LKPU-@OV^L]LY[OLJVTWSHPU[VYPNPUH[LKPU-@
9
Annual Report Georgia Courts: FY 2013
program operates in partnership with county sheriffs and the Georgia Sheriffs' Association (GSA), which is charged with maintaining a registry VMHSSJLY[PLKWYVJLZZZLY]LYZ
Training for judges and attorneys focused on the law and how to use the electronic calculator tool.
By the end of FY 2013, 89 counties OHKLSLJ[YVUPJHSS`SLKJOPSK
support establishment orders and
other documents between DCSS VMJLZHUKZ\WLYPVYJV\Y[Z
The 6MJLVM*OPSKYLU-HTPSPLZ HUK[OL*V\Y[Zencompasses several multiagency initiatives targeted at improving court services for vulnerable populations. A goal of the federal- and state-funded Committee on Justice for Children throughout its 17-year span is improved automation and information sharing of deprivation case records. As a result of ongoing development, the Case Processing Reporting System enables 1,500 case managers, child advocates, attorneys, and judges to share child abuse and neglect information. In February 2013, the state Department of Education began sharing education data for more than 4,000 foster children through the system.
An ongoing contract with the Division of Child Support Services (DCSS), Department of Human Services, precipitates coordination between the judicial and executive branches to enhance child support services and collections. Through the contract, the AOC administratively supports the Georgia Child Support Commission in its work to review and engage stakeholders PUTVKPJH[PVUZ[VJOPSKZ\WWVY[ guidelines. During the year, twentythree trainings were conducted for Q\KNLZH[[VYUL`ZSH^VMJLZ[HMM and domestic violence advocates in 22 locations around the state. :WLJPJH[[LU[PVUVUWYVZLSP[PNHU[Z and mediators targeted calculation of child support using the approved form.
Judicial Council/AOC Strategic Plan
In late 2012, AOC Director Marla S. Moore asked the Judicial Council leadership to join the AOC in developing a strategic plan to guide the council and AOC during the period FY 2014 to FY 2016. A consultant led working sessions in January, April, and June 2013 while interviewing multiple stakeholders. As a result of those meetings and interviews, the Judicial Council Strategic Planning Committee drafted a mission statement, goals and guiding WYPUJPWSLZMVY[OLZ[YH[LNPJWSHU!
Mission The Judicial Council and AOC lead collaboration on policy across Georgia's courts to improve the administration of justice in Georgia.
Vision To improve justice in all Georgia courts through collaboration, innovation, and information.
Guiding Principles <WOVSK[OLPUKLWLUKLUJLHUK integrity of the judiciary. 7YVTV[LLMJPLU[HUKLMMLJ[P]L administration of justice. :\WWVY[PUMVYTLKMHJ[IHZLKKLJPsions that affect the courts. *VSSHIVYH[L^P[ORL`Z[HRLOVSKLYZ in judicial, executive, and legislative branches.
Under the strategic plan, the Judicial Council and the AOC ^V\SKZLY]L[OYLLRL`M\UJ[PVUZ!HZ collaborative forums for all classes of courts; as leaders in statewide judicial policy formulation; and as Georgia's premier judicial information resources. Strategic objectives ^LYLPKLU[PLKHZ!PTWYV]PUNJVSlaboration and planning; building thought leadership; and improving citizen experience with the courts.
The Chief Justice and AOC Director were tasked with three responsiIPSP[PLZ!KPYLJ[PUN[OLPTWSLTLU[Htion of the plan; engaging Judicial Council members for input and participation; and reporting to the Judicial Council on the progress of outcomes.
The Strategic Planning Committee TLTILYZHYL!7YLZPKPUN1\KNL:HYH Doyle, Court of Appeals of Georgia (chair); Judge Mary Staley, Council of Superior Court Judges; Judge Charles Wynne, Council of State Court Judges; Judge J. Lane Bearden, Council of Juvenile Court Judges; Judge Chase Daughtrey, Council of Probate Court Judges; Judge W. Allen Wigington, Council of Magistrate Court Judges; and Judge E.R. Lanier, Council of Municipal Court Judges.
The plan can be viewed at O[[W!IP[S`KHPO+*.
In December 2012, the Commission on Family Violence published the Georgia State Plan for Ending Family Violence, a statewide plan to end family violence in coordination with over twenty-eight governTLU[HSHUKUVUWYV[LU[P[PLZ;OL plan outlines goals, objectives, and initiatives to prevent domestic violence, increase access to safety and support resources, improve community connections and support for at-risk families, enhance interventions with abusive people, and improve system response effectiveness.
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. It also handles budget inquiries from the Governor and General Assembly on behalf of each Judicial Council budget unit.
Throughout the summer and fall of 2012, the division team assisted the Court of Appeals in converting its ZJHSVWLYH[PVUZ[V;LHT>VYRZ[OL statewide accounting system. Weekly meetings between representatives of the AOC, Supreme Court, Court of Appeals, and the State AcJV\U[PUN6MJL`PLSKLKILULJPHS inter-agency cooperation. All items related to the Court of Appeals Z`Z[LTTPNYH[PVU^LYLPKLU[PLK and the team developed a plan that provided for a smooth transition to the Team Works system.
0UMVYTH[PVU;LJOUVSVN` Division The Information Technology Division develops and supports court automation projects including the Georgia Automated Judicial ,_JOHUNLJOPSKZ\WWVY[LSPUNHWplication), the AOC's court information and customer portal, several case management and docketing systems for participating courts, and EXPRESS for e-citation solutions. Internally, staff manages desk-
top software and equipment, the agency's computer network, e-mail, websites, and listservs. Division staff actively participates in local and national groups such as Organization for the Advancement of Structured Information Standards (OASIS), Consortium of Court IT 6MJLYZ*0;6*1VPU[;LJOUVSVN` Committee (JTC), and Legal XML to KLULKLZPNUHUKWYVTV[LQ\KPJPHS technology standards.
On July 1, 2012, courts -- primarily municipal courts, but some probate and juvenile courts -- usPUN[OL;YHMJ0UMVYTH[PVU7YVJLZZPUN:`Z[LT;07:YLJLP]LK[OLYZ[ transmissions of citations electronically generated by the Georgia State Patrol (GSP). In June 2012, the GSP began automatically uploading its citations to the AOC. The AOC worked with third party vendors to bridge the gap between the citation data delivered through its platform to non-TIPS courts.
:[H[L^PKL1\KPJPHY`*P]PS,-PSPUN:[LLYPUN*VTTP[[LL
In June 2012, the Supreme Court established the Statewide Judiciary Civil E-Filing Steering Committee to SLHKKL]LSVWTLU[HUKPTWSLTLU[H[PVUVMHZ`Z[LT[OH[HSSV^ZJV\Y[KVJ\TLU[Z[VILSLKLSLJ[YVUPJHSS`PU all classes of court. Throughout FY 2013, AOC staff worked closely with the committee to draft legislation MVYPTWSLTLU[PUNZ[H[L^PKLJP]PS,SPUN>OPSL[OLWYVQLJ[KPKUV[YLJLP]LM\UKPUNK\YPUN[OLZLZZPVU of the General Assembly, the Judicial Council will continue to seek funding during the 2014 session.
Annual Report Georgia Courts: FY 2013
Administrative Office of the Courts
OStrrguactnuriezational
Judicial Council of Georgia
Director, Administrative O ce of the Courts
(1)
Administration (4) (1 vacancy)
O ce of Governmental and Trial Court Liaison
(5)
O ce of Human Resources (2)
O ce of Communication and Outreach (2)
O ce of General Counsel
(2) (1 vacancy)
Court Services Division Director (1)
Administration (1)
O ce of Research, Planning, and Data
Analysis (5) O ce of Certi cation
and Licensing (1) (vacant) Board of Court Reporting (3) County and Municipal Probation Advisory Council (4)
O ce of Accountability Courts and Grants Management (3) O ce of Children, Families, and the Courts (1) Child Support Collaborative (2) Commission on Family Violence (5)
Language Access Program (1)
O ce of Dispute Resolution (2)
Committee on Justice for Children
(1)
AOC organizations as of July 2013
(6*HUKHMSPH[LKVYNHUPaH[PVUZHZVM1\S`
Information Technology Division
Director (1)
Financial Administration Division
Director (1)
Network Administration/
Desktop (4) Application/Web Development (3) So ware Maintenance/
Support (4) Georgia Judicial
Exchange (5)
Budget and Accounting Specialist (1)
Accounts Payable (3) Accounts Receivable (1)
Payroll (1) Facilities and Planning (1)
Council of State Court Judges (1.5)
Council of Magistrate Court Judges (1)
12
Year in Review Georgia Courts
JULY
:[H[L^PKL4HZ[LY1\Y`3PZ[Z Disseminated ;OLYZ[Z[H[L^PKLTHZ[LYQ\Y`SPZ[Z were distributed to Georgia counties through the new Georgia Jury Management Software System (GAJury). GAJury automatically compiles a list of residents eligible for jury service in a given county from the statewide master list, ensuring that inclusive and representative jury lists are drawn. Douglas *V\U[`ILJHTL[OLYZ[JV\U[`[V successfully draw a list of potential jurors using GAJury. The county list was used to seat a jury for an August capital trial.
,SLJ[YVUPJ*P[H[PVUZ+LSP]LYLK *V\Y[Z\ZPUN[OL;YHMJ0UMVYTH-
tion Processing System (TIPS) began receiving Georgia State Patrol (GSP) citations in electronic form via [OLUL^.:7(6**P[H[PVUZ>LI Service
1\KPJPHS*V\UJPS4LTILYZOPW Increased The Supreme Court amended the membership of the Judicial Council to include the president-elect of the Council of Municipal Court Judges, raising the number of members to 26.
,K\JH[PVUHS:\TTP[MVY*V\Y[ 0U]VS]LK*OPSKYLU The Supreme Court Committee on Justice for Children and the Troup County Juvenile Court hosted a two-day summit in LaGrange
LU[P[SLK*VUKP[PVULKMVY:\JJLZZ! Improving Educational Outcomes for Court- and Agency-Involved Children."
Blackwell Joins Supreme Court Judge Keith Blackwell was sworn in as an associate justice of the Supreme Court by Gov. Nathan Deal. /PZHWWVPU[TLU[SSLK[OL]HJHUJ` created by the retirement of Chief Justice George H. Carley on July 17, 2012. Justice Blackwell had served on the Court of Appeals since November 10, 2010.
Judge William Ray II
Justice Keith Blackwell
Judge Elizabeth Branch
13
Annual Report Georgia Courts: FY 2013
SEPTEMBER
Two Judges Join Court of Appeals Two new judges of the Court of Appeals were sworn in by Gov. Nathan Deal. Judge William Ray II, Superior Court, Gwinnett Judicial *PYJ\P[SSLK[OL]HJHUJ`JYLH[LK by the elevation of Judge Keith Blackwell to the Supreme Court. ([[VYUL`,SPaHIL[O)YHUJOSSLK[OL vacancy created by the retirement of Judge Charles B. Mikell, Jr.
Judicial Council Meets The Judicial Council met in Forsyth, Georgia, to discuss the need for additional superior court judgeships and approve standards for accountability courts. The Council recommended the creation of an additional judgeship for the Chattahoochee and Oconee judicial circuits.
:[H[L^PKL-HTPS`=PVSLUJL Conference The Georgia Commission on Family Violence sponsored the 18th Annual Statewide Family Violence Conference in Macon. The conference, entitled "Safety, Autonomy (JJV\U[HIPSP[`!,U]PZPVUPUNH Society Without Violence," attracted more than 300 attendees.
Interpreter Paul Williamson assists in a trial proceeding from Atlanta.
Georgia Team Attends National Language Access Conference
Georgia was among 49 states, three territories, and the District of Columbia that sent teams to Houston, Texas, to discuss and learn about language access issues in the courts, October 1-3, 2012. Georgia's team members were Justice Harold D. Melton, Supreme Court; Judge Melodie Clayton, State Court of Cobb County; Ms. Marla S. Moore, AOC Director; Ms. Linda Smith, Program Manager, Language Access Programs; and Mr. Antonio DelCampo, Esq., Commission on Interpreters.
Justice Melton said of the summit, "We realized at the conference that we all shared common struggles to reach common goals of providing quality language access to the justice system. More importantly, by sharing our struggles, we were able to come away with both a practical vision and practical steps toward seePUN[OH[]PZPVUM\SSSLK
5H[PVUHS:`TWVZP\TVU3HUN\HNL Access The National Symposium on Language Access in Houston, Texas, brought together national leaders in language access to train state teams on issues such as language access plans, remote interpreting, developing resources, training, and technology considerations. Georgia sent H[LHTVM]L[V[OLZ`TWVZP\T where work began on a statewide plan.
DECEMBER
[O)PLUUPHS0UZ[P[\[LMVY.LVYNPH Legislators AOC representatives attended the 40th Biennial Institute for Georgia Legislators where they spoke about the judiciary with members of the General Assembly and legislative Z[HMMZ[H[LVMJPHSZHUKSLHKLYZVM other organizations.
Special Council on Criminal Justice Reform Report The Special Council on Criminal Justice Reform issued its second report, focusing on statewide juvenile justice reform.
OCTOBER
9LTV[L0U[LYWYL[PUN7PSV[3H\UJOLZ The AOC launched its Remote Interpreting Pilot Project. The pilot, funded by a $45,439 appropriation from the General Assembly, conULJ[ZJLY[PLKPU[LYWYL[LYZ[VYLTV[L courts via computer, video and audio feeds. Selected interpreters provide interpretation for litigants ^P[OSPTP[LK,UNSPZOWYVJPLUJ` MYVT[OL(6*VMJLPU([SHU[H[V courts in the Augusta and Southwestern judicial circuits.
JANUARY
(JJV\U[HIPSP[`*V\Y[:[HUKHYKZ ;HRL,MMLJ[ Statewide operational standards for felony drug and mental health courts went into effect.
Judicial Council Meets The Judicial Council met in Atlanta in conjunction with the mid-year meeting of the State Bar of Georgia. Members discussed legislative initiatives for the 2013 General Assembly session and revised rules for the Board of Court Reporting.
14
Judge Carla Wong McMillian
Judge McMillian Joins Court of Appeals Judge Carla Wong McMillian, State Court, Fayette County, was sworn in to the Court of Appeals by Gov. Nathan Deal. Judge McMillian is [OLYZ[(ZPHU(TLYPJHU[VZLY]LVU either of Georgia's appellate courts.
CourTools Training The National Center for State Courts (NCSC) and the AOC hosted a three-day training session on Court 7LYMVYTHUJL:[HUKHYKZ!*V\Y;VVSZ a performance measurement method that allows courts to track their success in meeting customer expectations. Thirty AOC staff and nine trial court administrators participated in the training, with six becomPUNJLY[PLK[V[LHJO[OLJV\YZL
1\KPJPHS*V\UJPS(6*/VUVYLKMVY 40 Years of Service Both houses of the General Assembly issued resolutions commending the Judicial Council and AOC for their 40-year commitment to the LMJPLU[HUKMHPYHKTPUPZ[YH[PVUVM justice.
FEBRUARY
:[H[LVM[OL1\KPJPHY`(KKYLZZ Chief Justice Carol W. Hunstein KLSP]LYLKOLYUHS:[H[LVM[OL1\diciary address to a joint legislative session.
1\Y`*VTWVZP[PVU9\SL0ZZ\LK The Supreme Court issued a temporary jury composition rule to allow YLULTLU[Z[VZ[H[L^PKLKH[H\ZLK to compile county jury lists through the GAJury system. New county master lists were to be delivered in late June 2013.
,\YVWLHU(TLYPJHU7YPZVU7YVQLJ[ Three judges were part of a Georgia contingent that spent a week in Europe visiting correctional facilities and exchanging ideas and strategies ^P[OVMJPHSZHUKWVSPJ`THRLYZ Chief Judge Brenda S. Weaver, Superior Courts, Appalachian Judicial Circuit; Judge David Emerson, Superior Court, Douglas Judicial Circuit; and Judge Stephen Goss, Superior Court, Dougherty Judicial Circuit, toured two prison facilities in Germany and two in the Netherlands to experience how European justice systems deal with criminal behavior.
.LVYNPH)HY4LKPHHUK1\KPJPHY` Conference The AOC again co-sponsored the 2013 Georgia Bar, Media and Judiciary Conference was held February 23 in Atlanta. The theme of the 22nd annual conference was "Georgia Judges, Journalists, Lawyers and [OL-PYZ[(TLUKTLU[!(7YPTLYVU Friending the Digital Revolution." The conference included a panel discussion on the state's criminal justice reform efforts that included speakers Chief Justice Carol Hunstein and Court of Appeals Judge Mike Boggs.
MARCH
National Consortium on Racial and ,[OUPJ-HPYULZZPU[OL*V\Y[Z Justice Robert Benham and AOC Director Marla S. Moore attended the National Consortium on Racial and Ethnic Fairness in the Courts in Washington, D.C.
APRIL
Judicial Council Meets The Judicial Council met in Atlanta and adopted recommendations on court reporting fees and processes.
National Juvenile Detention Alter natives Initiative Atlanta hosted the National Juvenile Detention Alternatives Initiative (JDAI) Conference, sponsored by the Annie E. Casey Foundation. Over 500 people attended, including seven Georgia juvenile court judges and their JDAI teams.
/\THU;YHMJRPUNHUK[OL:[H[L Courts Collaborative ;OLYZ[TLL[PUNVM[OL/\THU ;YHMJRPUNHUK:[H[L*V\Y[Z*VSSHIorative was held with stakeholders, judges, and prosecutors to determine the course of the collaborative's work in Georgia.
MAY
@LHYZPU+H`Z A 40-day retrospective began on the 40 years of service to courts by the Judicial Council and AOC. Daily posts to @GACourts on Facebook and Twitter detailed the history, highlights, trends, and future of the Judicial Council and AOC.
15
Annual Report Georgia Courts: FY 2013
(JJV\U[HIPSP[`*V\Y[Z*VUMLYLUJL 5LHYS`VMJPHSZHUKWYVMLZZPVUals serving all types of problemsolving courts attended the Annual Accountability Courts Conference in Atlanta. The theme of the conMLYLUJL^HZ:L[[PUN[OL:[HUKHYK! Measuring the Work, Marking Our Progress, and Making a Difference." Eight "Accountability Court Heroes" were recognized for special contributions to their stakeholder courts.
JUNE
Judicial Council Meets The Judicial Council met in Atlanta, where members approved revised and additional accountability court Z[HUKHYKZHUKJV\Y[JLY[PJH[PVUZ
:\WYLTL*V\Y[,SPUN(UUV\UJLK ;OL:\WYLTL*V\Y[UV[PLKH[[VYUL`ZVMTHUKH[VY`LSPUNILNPUUPUN August 1, 2013.
+PZ[PUN\PZOLK:LY]PJL(^HYK National Center for State Courts President Mary McQueen presented AOC Director Marla S. Moore with the NCSC's 2012 Distinguished Service Award.
Speaker of the House, David Ralston, speaks at the opening of the Annual Accountability Courts Conference sponsored by the Judicial Council.
AOC Director Receives Prestigious Award
The National Center for State Courts (NCSC) awarded AOC Director Marla S. Moore its 2012 Distinguished Service Award. The award, one of NCSC's highLZ[PZWYLZLU[LKHUU\HSS`[V[OVZL^OVOH]LTHKLZPNUPJHU[JVU[YPI\[PVUZ[V the justice system and who have supported the NCSC's mission.
NCSC President Mary McQueen presented the award to Ms. Moore on June 14, 2013, in Atlanta. Ms. McQueen recognized Ms. Moore's mission to ensure equal judicial access for vulnerable populations in Georgia and nationally. The NCSC Board of Directors selected Ms. Moore because of her demonstrated ability to bring people together toward a common goal. The board cited Ms. Moore's work with language access and jury reform, as well as her introduction of performance measures and transparency at the AOC.
Chief Justice Carol W. Hunstein said of Ms. Moore, "Since taking the reins of the AOC, Marla has made it clear that the agency represents every class of court in this state."
Ms. Mary McQueen, NCSC President, presents AOC Director Marla S. Moore with the Distinguished Service Award.
16
Budgets Georgia Courts
Courts
2009
Supreme Court Court of Appeals Superior Courts Juvenile Courts Judicial Council
8,837,974 14,744,435 63,622,100 6,691,660 16,345,321
2010
8,026,295 13,452,235 60,499,072 6,578,771 14,173,198
2011
7,726,631 12,531,853 57,314,930 6,765,382 13,448,850
2012
8,625,575 13,357,490 58,770,012 6,718,350 13,468,577
2013
9,093,297 14,106,000 61,105,042 6,774,461 12,423,861
% Change 2009 - 2013
3% -5% -4% 1% -32%
:[H[L-\UKPUN-@
$70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000
0
63,662,100
16,345,321 14,744,435
8,837,974 6,691,660
2009
60,499,072 57,314,930
58,770,012
61,105,042
Superior Courts Judicial Council Court of Appeals Supreme Court Juvenile Courts
14,173,198 13,452,235
8,026,295 6,578,771
13,448,850 12,531,853
7,726,631 6,765,382
2010
2011
13,468,577 13,357,490
8,625,575 6,718,350
2012
12,423,861 14,106,000
9,093,297 6,774,461
2013
17
Annual Report Georgia Courts: FY 2013
Caseload Georgia Courts
Courts Superior State Juvenile Probate Magistrate
2003 354,882 845,386 122,074 289,399 396,902
2004 366,132 904,611 157,265 270,458 422,286
2005 393,263 827,478 152,655 293,376 438,294
2006 405,703 879,666 152,979 368,183 467,511
2007 428,706 956,933 141,936 372,033 468,916
2008 443,597 972,495 123,017 325,002 472,874
2009 455,415 952,517 112,148 346,691 469,642
2010 443,939 837,162 109,143 341,387 511,260
2011 430,119 704,237 120,321 334,534 597,426
2012 413,347 713,020
89,363 315,007 542,165
Total
2,008,643 2,120,752 2,105,066 2,274,042 2,368,524 2,336,985 2,336,413 2,242,891 2,186,637 2,072,902
SPUJL [OL(KTPUPZ[YH[P]L6MJLVM[OL*V\Y[ZOHZJVSSLJ[LKJHZLSVHKKH[HMYVT.LVYNPH courts to inform policy and decision-making. Recommendations to the General Assembly for new superior court judgeships are determined from circuit caseload and Judicial Council methodology.
Since 2003, Georgia's trial court caseload has held steady at close to 2 million cases. Caseload for superior, state, juvenile, probate, and magistrate courts peaked in 2007 at 2,368,524; in 2012 caseload dropped to 2,072,902 nearing its 2003 total of 2,008,643.
18
-PSPUNZI`*V\Y[
1,200,000 1,000,000
800,000 600,000 400,000 200,000
0
845,386
904,611
956,933
879,666 827,478
972,495 952,517
State Magistrate
Superior Juvenile Probate
837,162 704,237 713,020
396,902 354,882 289,399 122,074
467,511 468,916 472,874 469,642
422,286
366,132 270,458 157,265
438,294
393,263 293,376 152,655
428,706 405,703
372,033 368,183 152,979 141,936
443,597 455,415 325,002 346,691 123,017 112,148
511,260 443,939 341,387 109,143
597,426 542,165
430,119 413,347
334,534 315,007
120,321 89,363
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Total Filings
2,400,000 2,300,000 2,200,000 2,100,000 2,000,000 1,900,000 1,800,000
2,120,752
2,368,524
2,336,985 2,336,413
2,274,042
2,242,891 2,186,637
2,008,643
2,105,066
2,072,902
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
19
Annual Report Georgia Courts: FY 2013
Supreme Court
The Supreme Court of Georgia, the state's highest court, is composed of a Chief Justice, a Presiding 1\Z[PJLHUK]L1\Z[PJLZ;OLJV\Y[ZWYPTHY`M\UJtion is to review decisions made in a lower trial or appellate court. The Supreme Court has exclusive jurisdiction over election contests and questions of elections or constitutionality of laws and has general appellate jurisdiction over cases involving title to land; equity; wills; habeas corpus; extraordinary remedies; divorce and alimony; and cases in which a sentence of death was or could be imposed.
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
2011
Direct Appeals
477
Cross Appeals
13
Rule 34(4)(F)
14
Death Penalty
5
Petitions for Certiorari
531
Granted Petitions for Certiorari 48 *LY[PLK8\LZ[PVUZ
Applications for Appeal
Habeas Corpus
360
Discretionary
291
Interlocutory
58
Interim Review
1
Attorney Disciplinaries
139
Bar Admissions
3
Original Petitions
11
Emergency Motions
7
Execution Matters
4
Death Penalty Habeas Corpus
3
<UH\[OVYPaLK7YHJ[PJL
Formal Advisory
0
Time Extensions
80
1\KPJPHS8\HSPJH[PVUZ
Appointments of Special Master 43
;V[HS
20
2012
471 5
19 1
534 50
313 245
40 2
114 71 18 6 5 5
0 64 59 31
Cases Disposed
2011
2012
By Opinion
314
(MYTLK^P[OV\[6WPUPVU
Stricken from Docket
4
Allowed Withdrawn
24
Transferred to Court of Appeals
97
Appeals Dismissed
122
Cross Appeals
NR
Rule 34(4)(F)
NR
Death Penalty
NR
*LY[PLK8\LZ[PVUZ 59
Petition for Certiorari
Granted
54
Denied
423
Other
60
Habeas Corpus Applications
Death Penalty
5
Granted
13
Denied
264
Dismissed
68
Other
7
Discretionary Applications
Granted
46
Denied
104
Dismissed
65
Transferred to Court of Appeals 63
Other
6
Interlocutory Applications
Granted
9
Denied
14
Dismissed
8
Transferred to Court of Appeals 10
Other
1
Interim Review
Granted
0
Denied
1
Executions
4
Extraordinary Motions
Granted
0
Denied
5
Transferred to Court of Appeals 2
Dismissed
9
Attorney Discipline
123
State Bar
0
Bar Admissions
5
1\KPJPHS8\HSPJH[PVUZ
Miscellaneous Cases
82
231
2 14 86 90 13 18
5
50 448
36
6 9 263 171 6
48 78 68 43 11
7 20
7 12
1
0 2 5
0 3 2 0 115 1 1 71
;V[HS
NR = Not Reported.
:\WYLTL*V\Y[-PSPUNZ
2,500
2,000
1,976 1,882
2,060
2,107
1,949
2,036 1,979
1,868 1,875
1,936
1,500
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
:\WYLTL*V\Y[+PZWVZP[PVUZ
2,500
2,000
2,062
2,167
2,160
2,004
2,038
1,958
2,025 1,963
1,832
1,869
1,500
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
21
Annual Report Georgia Courts: FY 2013
Court of Appeals
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
2011 2012
Direct Appeals Discretionary Applications Interlocutory Applications 40 (b) Motions
2,434 517 346 15
2,588 504 346 26
;V[HS
Dispositions
2011
2012
Direct Appeals Discretionary Applications Interlocutory Applications 40 (b) Motions
2,522 497 349 26
2,526 502 347 26
;V[HS
22
*V\Y[VM(WWLHSZ-PSPUNZ
3,750 3,500 3,250 3,000
3,444
3,464
3,238
3,303 3,260
3,280 3,273 3,212
3,312
3,139
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
*V\Y[VM(WWLHSZ+PZWVZP[PVUZ
3,750
3,500 3,250
3,435 3,315
3,215
3,293 3,306
3,394 3,401
3,000
2003
2004
3,095 2005
3,185 2006 2007 2008 2009
3,097 2010 2011
2012
23
Annual Report Georgia Courts: FY 2013
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. :\WLYPVYJV\Y[Q\KNLZHYLJVUZ[P[\[PVUHSVMJLYZ 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 2011 CY 2012
Total Criminal Dockets Filed
152,823 159,529
Serious Felony Dockets Filed
10,350 8,659
Felony Dockets Filed
70,152 75,177
<UPLK(WWLHSZ
Misdemeanor Dockets Filed
23,694 29,138
Probation Revocation
48,577 46,506
Total Civil Dockets Filed
277,296 253,818
General Civil Dockets Filed
95,169 78,515
Domestic Relations Dockets Filed 182,127 175,303 ;V[HS+VJRL[Z-PSLK
24
:\WLYPVY*V\Y[;V[HS-PSPUNZ
500,000
400,000
455,415 443,939
428,706 443,597
430,119
393,263
366,132
405,703
413,347
354,882
300,000
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
:\WLYPVY*V\Y[-PSPUNZI`;`WL
200,000 150,000 100,000
50,000
161,156 152,228 130,213
170,483
150,440 134,492
177,816 150,408 115,715
Domestic Relations Criminal
General Civil
2008
2009
2010
182,127
175,303
152,823
159,529
95,169
78,515
2011
2012
25
Annual Report Georgia Courts: FY 2013
State Courts
State courts are county courts that exercise limited jurisdiction. State court judges have criminal jurisdiction over misdemeanor offenses, felony prelimiUHY`OLHYPUNZ[YHMJ]PVSH[PVUZHWWSPJH[PVUHUK 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.
CY 2011 CY 2012
:LYPV\Z;YHMJ Open Filed Disposed
26,628 32,453 27,770
27,867 40,221 36,347
5VU;YHMJ4PZKLTLHUVYZ Open Filed Disposed
80,298 100,354 97,133
81,283 101,291
99,713
Probation Revocations Open Filed Disposed
19,189 36,715 27,361
21,212 36,614 24,785
6[OLY;YHMJ Open Filed Disposed
138,223 438,911 399,105
144,906 443,301 387,997
3HUKSVYK;LUHU[+PZW\[LZ Open Filed Disposed
706 1,361 1,315
456 1,113
870
Other Civil Open Filed Disposed
82,959 94,443 112,631
64,749 90,480 88,253
Total 6WLU -PSLK +PZWVZLK
26
:[H[L*V\Y[;V[HS-PSPUNZ
1,200,000
1,000,000 800,000 600,000
972,495
904,611
956,933
845,386
879,666 827,478
952,517
837,162
704,237 713,020
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
:[H[L*V\Y[*YPTPUHSHUK*P]PS-PSPUNZ
800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000
0
671,170
Criminal Filings Civil Filings
612,057
608,433
621,427
388,475 284,638
267,827
2008
2009
207,721 2010
95,804
91,593
2011
2012
27
Annual Report Georgia Courts: FY 2013
Juvenile Courts
Jurisdiction of the juvenile courts extends to delinquent and unruly children under 17 years of age and deprived and neglected children under 18 years of age. Juvenile court judges have jurisdiction over TPUVYZ^OVJVTTP[[YHMJ]PVSH[PVUZYLX\LZ[JVUsent to marry, or enlist in the armed forces. Juvenile courts have concurrent jurisdiction with superior courts in child custody and child support cases and in proceedings to terminate parental rights. Certain serious violent felonies committed by juveniles may be tried in superior court.
In 48 of the state's 49 judicial circuits, juvenile court judges are appointed to four-year terms by the circuit's superior court judges. The Floyd Judicial Circuit elects its juvenile court judge to a four-year term.
CY 2011 CY 2012
Delinquent Filed Disposed Open
51,499 48,612 22,096
43,647 44,032 19,484
Unruly Filed Disposed Open
16,668 14,896
7,628
14,083 13,498
6,923
Termination of Parental Rights Filed Disposed Open
1,353 1,281
891
1,337 1,226
883
Deprived Filed Disposed Open
20,889 17,505 15,572
19,631 17,088 17,110
;YHMJ Filed Disposed Open
7,704 7,075 3,552
6,830 6,469 2,845
Special Proceedings Filed Disposed Open
4,284 3,791 2,650
3,835 3,463 2,673
Total
-PSLK
+PZWVZLK
6WLU
28
1\]LUPSL*V\Y[;V[HS-PSPUNZ
200,000
150,000 100,000
157,265
152,979
152,655
141,936 127,730
122,074
108,961 102,397
111,465
50,000
89,363 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
1\]LUPSL*V\Y[+LSPUX\LU[HUK6[OLY-PSPUNZ
80,000 70,000 60,000 40,000
Delinquent Filings Other Filings
66,120 61,610
2008
58,289
53,176 2009
56,334 52,627
2010
51,499 50,898
2011
45,716 43,647
2012
29
Annual Report Georgia Courts: FY 2013
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. 7YVIH[LJV\Y[Q\KNLZHYLJVUZ[P[\[PVUHSVMJLYZ^OV are elected to four-year terms. All probate court judges HKTPUPZ[LYVH[OZVMVMJLHUKPZZ\LTHYYPHNLSPJLUZLZ 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 misdemeanors, trafJJHZLZHUK]PVSH[PVUZVMZ[H[LNHTLHUKZOSH^ZPU counties where there is no state court.
In counties with a population of 90,000 or greater, the probate judge must be an attorney meeting the X\HSPJH[PVUZVMHZ\WLYPVYJV\Y[Q\KNL0U[OVZLJV\Uties, 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 [VJLY[HPUSVJHSW\ISPJVMJLZ
In 35 counties, the probate judge also serves as the chief magistrate or a magistrate. As warranted, counties have the option to merge the probate and magistrate courts through local legislation.
Civil
CY 2011 CY 2012
Letters of Administration No Administration Necessary Will Probate Year's Support Guardianship Petitions Custodial Citations Miscellaneous Inventories Mental Health Habeas Corpus
8,193 692
20,584 2,355
13,714 651 21
1,709 31,358 16,938
3,746 9
7,796 613
20,178 2,078
12,049 601 55
1,605 30,878 17,999
3,590 36
;V[HS+VJRL[Z
Licenses Marriage Firearms
73,808 71,563 88,937 125,379
Criminal
CY 2011 CY 2012
Misdemeanor Filed Disposed Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
;YHMJ Filed Disposed Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
39,047
8,458
10,727 12,996 13,012
5,205 11,733
3,204
450
426
263
184
195,517 209,071
102,189 98,820 17,899
109,306 63,511 19,789
3,506 2,437
3,285 2,321
Total
-PSLK
+PZWVZLK
30
7YVIH[L*V\Y[;V[HS-PSPUNZ
400,000 350,000 300,000 250,000 200,000
368,183 372,033
346,691 341,387 334,534
289,399
293,376
270,458
325,002
315,007
150,000
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
7YVIH[L*V\Y[*YPTPUHSHUK*P]PS-PSPUNZ
300,000 250,000 200,000 150,000 100,000
50,000
272,294 276,312
Criminal Filings Civil Filings
251,736 245,339
207,142
200,777 178,740
235,050
234,564 217,529
91,718 92,599 95,889 95,721 89,952 94,955 96,048 99,970
82,257
97,478
0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
31
Annual Report Georgia Courts: FY 2013
Magistrate Courts
4HNPZ[YH[LJV\Y[Q\YPZKPJ[PVUPUJS\KLZ!JP]PSJSHPTZ 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.
In 30 counties, the chief magistrate also serves as the judge of the probate court. As warranted, counties have the option to merge the probate and magistrate courts through local legislation.
Civil Claims
CY 2011 CY 2012
Filed Disposed
Non-Trial Trial
242,715
144,443 41,144
196,346
138,178 40,391
Disposessories and Distress Warrants
Filed Disposed
Non-Trial Trial
273,192 266,875
147,500 47,455
149,295 45,692
Garnishments Filed Disposed Non-Trial Trial
68,672
38,539 851
67,336
37,314 686
Foreclosures and Attachments
Filed Disposed
Non-Trial Trial
;V[HS*P]PS-PSPUNZ
12,847 11,608
8,368 896
7,853 1,074
Criminal
CY 2011 CY 2012
Warrants Issued Felony Arrest Misdemeanor Arrest Good Behavior Search Warrant
146,112 173,530
1,900 20,652
140,998 168,115
1,367 13,827
Hearings Warrant Application First Appearance Commitment Good Behavior
38,828 197,031 68,362
1,530
35,423 200,489
54,529 1,147
Ordinance Violations Filed Disposed Non-Trial Trial
71,834 58,899
17,403 32,247
18,926 5,995
Misdemeanor Filed Disposed Non-Trial Trial
27,977
8,774 2,248
27,851
6,801 4,279
Criminal & Civil Warrants & Filings Hearings & Dispositions
442,005 411,057 366,423 327,589
32
4HNPZ[YH[L*V\Y[*P]PS-PSPUNZ
600,000
597,426
500,000 400,000
467,511
472,874
511,260
422,286 438,294
468,916
469,642
396,902
542,165
300,000
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
4HNPZ[YH[L*V\Y[*YPTPUHS-PSPUNZ
500,000
480,840
481,259
450,000
446,847
465,172
454,750
455,095
449,736
442,005
434,149
400,000
2003
2004
2005
411,057 2006 2007 2008 2009 2010 2011 2012
33
Annual Report Georgia Courts: FY 2013
Municipal Courts
.LVYNPHZT\UPJPWHSJV\Y[ZOLHY[YHMJHUKVYdinance violation cases in 400 towns and cities. Municipal court judges also 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.
CY 2011
CY 2012
Filings ;YHMJ
Ordinance :LYPV\Z;YHMJ
126,616
87,160
Drugs
16,922
15,701
Misdemeanors
65,935
76,224
Felony Bindovers
13,295
9,519
;V[HS
Dispositions
;YHMJ
Ordinance
108,877
77,134
:LYPV\Z;YHMJ
Drugs
16,986
12,680
Misdemeanors
68,076
54,477
Felony Bindovers
20,314
9,519
;V[HS
34
4\UPJPWHS*V\Y[;V[HS-PSPUNZ
2,000,000 1,500,000
1,873,952
1,634,241
1,594,398
1,000,000
783,088
869,811
1,194,210
1,346,136
500,000 0
370,706
134,372 2004 2005 2006
2007 2008 2009 2010 2011
2012
4\UPJPWHS*V\Y[-PSPUNZI`;`WL
1,500,000 1,200,000
Traffic Filings All Other Filings
1,415,272
1,411,473
1,378,040
1,123,357
900,000
734,391
933,307
600,000 300,000
0
466,901
458,680
108,353
324,411
316,187
135,420
26,019 2004 2005
46,295 2006 2007
260,903
222,768
216,358
222,779
2008 2009 2010 2011 2012
35
1\KPJPHS+LTVNYHWOPJZ-@
Supreme Court
7 justices of the Supreme Court.
4 judges 2 judges 1 judge
White Male African American Male White Female
Court of Appeals
12 judges of the Court of Appeals.
6 judges 3 judges 1 judge 1 judge 1 judge
White Male White Female African American Male African American Female Asian Female
Superior Court
207 superior court judgeships.
156 judges 31 judges 10 judges 10 judges
White Male White Female African American Male African American Female
State Court
125 state court judgeships.
88 judges 25 judges 5 judges 5 judges 1 judge 1 judge
White Male White Female African American Male African American Female Asian Male Native American Male
Juvenile Court
129 juvenile court judges, including full time and associate judges.
85 judges 24 judges 12 judges 7 judges 1 judge
White Male White Female African American Male African American Female Asian Male
36
57% 29% 14%
50% 25%
8% 8% 8%
75% 15%
5% 5%
70% 20%
4% 4% .8% .8%
66% 19%
9% 5% .8%
Probate Court
159 probate court judges and 10 associate judges.
83 judges 75 judges 6 judges 5 judges
White Female White Male African American Female African American Male
49% 44%
4% 3%
Magistrate Court
159 chief magistrate judges and 325 magistrate judges.
247 judges 159 judges 40 judges 31 judges 1 judge 1 judge 2 judges 1 judge 1 judge
White Male White Female African American Female African American Male Multi Female Multi Male Native American Male Native American Female Other Male
51% 33%
8% 6% .2% .2% .4% .2% .2%
Municipal Court
345 municipal court judges.
268 judges 35 judges 16 judges 20 judges 1 judge 1 judge 1 judge 1 judge
White Male White Female African American Female African American Male Asian Male Multi Female Multi Male Native American Male
78% 10%
5% 6% .3% .3% .3% .3%
State Totals*
>OP[L4HSL >OP[L-LTHSL African American Male African American Female Asian Male Asian Female Native American Male
929 Native American Female 361 4\S[P9HJPHS4HSL
86 4\S[P9HJPHS-LTHSL 85 6[OLY4HSL
3 Unknown 1 Male 4 Female
1 2 2 1 2 1025 450
*The data used in this report was compiled using information from June 30, 2013.
1\KPJPHS,SLJ[PVUZHUK(WWVPU[TLU[Z
Supreme Court Appointed 2LP[O)SHJR^LSS
Court of Appeals Appointed >PSSPHT9H` ,SPaHIL[O)YHUJO *HYSH>VUN4J4PSSPHU
:\WLYPVY*V\Y[Z,SLJ[LK +H]PK3LL*HUUVU1Y)S\L9PKNL1\KPJPHS*PYJ\P[ (.YLNVY`7VVSL*VII1\KPJPHS*PYJ\P[ ,TVY`7HSTLY*V^L[H1\KPJPHS*PYJ\P[ 2H[O`:JOYHKLY.^PUUL[[1\KPJPHS*PYJ\P[ 9VILY[4\TMVYK9VJRKHSL1\KPJPHS*PYJ\P[
:[H[L*V\Y[Z,SLJ[LK 4PJOLSSL/VTPLY*OLYVRLL*V\U[` 4HYZOH:3HRL*VII*V\U[` 1VOU:[LWOLU1LURPUZ:Y,SILY[*V\U[` 9PJOHYK4J5LLS`,THU\LS*V\U[` 1HUL4VYYPZVU-\S[VU*V\U[` )HY[(S[THU.S`UU*V\U[` ,TPS`1)YHU[SL`.^PUUL[[*V\U[` )PSS`4\SSPUH_>HSRLY*V\U[` 1VOU(+HUH>HZOPUN[VU*V\U[` 4HYR,4P[JOLSS;OVTHZ*V\U[` =PJ[VYPH+HYYPZH^+V\NOLY[`*V\U[`
State Courts Appointed 4HYR,4P[JOLSS;OVTHZ*V\U[` =PJ[VYPH+HYYPZH^+V\NOLY[`*V\U[` =P)LUUL[[>H`UL*V\U[` *1LHU)VSPU4J0U[VZO*V\U[` 94PJOHLS.HPSL`1Y7\[UHT*V\U[` 3LZSPL(ILYUH[O`4HKKV_*OLYVRLL*V\U[` /LUY`9;OVTWZVU*VII*V\U[` >PSSPHT>9HTIV:\T[LY*V\U[` 1HZVU);OVTWZVU-H`L[[L*V\U[`
Magistrate Courts Appointed 9PJOHYK3LL:WLUJLY*YH^MVYK*V\U[`
,SLJ[LKPU1\S`[VILNPU[LYTVUHWWVPU[LK[VSS\UL_WPYLK[LYTK\L[VKLH[O ,SLJ[LKPU1\S`[VILNPU[LYTVUHWWVPU[LK[VSS\UL_WPYLK[LYTK\L[VYL[PYLTLU[
37
Judicial Council of Georgia (KTPUPZ[YH[P]L6MJLVM[OL*V\Y[Z >HZOPUN[VU:[YLL[:>:\P[L
Atlanta, GA 30334 404-656-5171
38