TEXT OF LETTER TO CITIZENS OF FULTON COUNTY
January 3, 2011
Letter to the Citizens of Fulton County:
This letter is written in my capacity as Chief Judge on behalf of the Atlanta Judicial Circuit. On December 27, 2010 State Patrol Trooper Chadwick LeCroy lost his life in the line of duty. As a judge, I am prohibited from commenting on the circumstances associated with his death. However, I, and every judge in this Circuit, recognize that his death represents a grievous loss to his family and the State of Georgia.
The purpose of this letter is to provide accurate information and fulfill our duty to the public in providing transparency with respect to the Court's business as it relates to the release of Gregory Favors, the person charged with the shooting of Trooper LeCroy.
At or around 9:35 p.m. on December 10, 2010, Favors and a co-defendant, Mr. Larry Brown, were arrested by the Atlanta Police Department. Mr. Favors was arrested for the offenses of Entering Auto, Possession of Cocaine, Possession of Tools to Commit a Crime and Obstruction. Mr. Brown was charged with Possession of Tools to Commit a Crime and Party to a Crime. Both were taken to the Fulton County Jail.
Due process under the Constitution requires that a person arrested without a warrant "have the probable cause for his or her continued detention reviewed by a neutral and detached magistrate as soon as reasonably feasible but, in any event, within 48 hours of arrest." Capestany v. State, 289 Ga. App. 47 (2007). The 48-hour constitutional requirement is a well settled principle of law, established two decades ago in the case of County of Riverside v. McLaughlin, 500 U.S. 44 (1991). In Georgia, the constitutional mandate is also recognized by statute. OCGA 17-4-62 provides that any person who is arrested without a warrant and who is not brought before an appropriate judicial officer within 48 hours of arrest "shall be released." The 48-hour rule is clearly not "a self-imposed Fulton County judicial system deadline" as it has been characterized. It is mandatory.
The due process mandate to determine probable cause within 48 hours is fulfilled in Fulton County by having arrestees appear on a first appearance calendar before a magistrate at the Fulton County jail. The determination of probable cause is made by the arresting officer appearing before the magistrate and testifying to the circumstances of the arrest. If a defendant has been held for 48 hours and the arresting officer fails to appear at the calendar, the defendant must be released.
To determine probable cause, a magistrate must have something to review-either a warrant or the testimony of an arresting officer. The Court's records reflect that Mr. Favors' codefendant appeared before a magistrate within 48 hours of his arrest. There was no warrant presented to the magistrate and the arresting officer was not present. The magistrate was, therefore, required to release Mr. Brown. Had Mr. Favors been on the same calendar, he also would have been required to be released.
On December 13, Mr. Favors first appeared on a calendar. As of that point, he had been incarcerated pursuant to his warrantless arrest for more than 48 hours. When he appeared before the magistrate, no warrant had yet been obtained and the arresting officer was not present. Under those circumstances the magistrate before whom Mr. Favors appeared had no alternative but to comply with Georgia Law and the Constitution. For that reason, Mr. Favors was released.
The imposition of a signature bond on a defendant entitled to release is an attempt at a practical accommodation. It reflects an effort by the magistrate to maintain some control and contact with the arrestee until the arresting officer obtains an arrest warrant or the prosecuting agency issues an indictment. In this case, no warrant was obtained and no indictment issued after Mr. Favors' release pursuant to Riverside.
When Mr. Favors was released on December 13, 2010 it was not the result of judicial whim or an adherence to some arbitrary self-imposed rule. Rather, he was released because the judges and courts of this community have a duty to uphold the rule of law and comply with its requirements. It has also been suggested that had Mr. Favors received a different sentence in other proceedings or if his case had been heard through some other process, he would not have been on the streets. That suggestion reflects the reality that when a tragedy occurs, people want explanations. Hindsight is often the first tool reached for in an effort to provide an easy answer.
Fulton County, like many urban courts across the country, has developed a two-tiered system for adjudicating criminal cases. Less complex cases involving non-violent offenses are heard more quickly than more complex cases. Mr. Favors at the time of his arrest was not under indictment in a non-complex case. His release had therefore nothing to do with that program.
It is true that Mr. Favors had previous matters which were heard in Fulton County. Those cases were heard and sentences imposed based upon the facts and circumstances presented to the court at the time those decisions were made. Responsibility for the decisions rest with the decision makers. However, the propriety of those decisions can only be fairly judged in the context in which they were made based on the information provided to the Court.
Trooper LeCroy's death was tragic. The judges of this community believe that the people of Fulton County deserve a justice system that upholds the rule of law, seeks truth and does justice. On behalf of myself and all of the judges of the Atlanta Judicial Circuit, I pledge that we will continue to do all we can to insure the public is protected and well-served. This includes our duty to be faithful to the law, even in difficult times.
Hon. Cynthia D. Wright, Chief Judge
Superior Court of Fulton County
Atlanta Judicial Circuit
cc: Mayor Kasim Reed, City of Atlanta
Chief George Turner, Atlanta Police Department
Chairman John H. Eaves, Fulton County Board of Commissioners
Fulton County Board of Commissioners
Fulton County District Attorney Paul Howard
Showing posts with label Chief Judge. Show all posts
Showing posts with label Chief Judge. Show all posts
Monday, January 3, 2011
Wednesday, December 29, 2010
Statement on Defendant Gregory Favors
Joint statement from Fulton County Superior Court Chief Judge Cynthia Wright and Fulton County State Court Chief Judge Patsy Porter:
Our Courts are currently reviewing information related to alleged suspect, Gregory Favors and his history as a defendant in the Atlanta Judicial Circuit. If there are issues that need to be addressed, we will work with all involved in the criminal justice system.
Our Courts are currently reviewing information related to alleged suspect, Gregory Favors and his history as a defendant in the Atlanta Judicial Circuit. If there are issues that need to be addressed, we will work with all involved in the criminal justice system.
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Monday, November 29, 2010
Pretrial Offices Have Been Combined
ATLANTA - Less than a month after the merger was approved Fulton County Superior and State Court Pretrial offices have been combined!
The merger, approved Oct. 21 by Fulton County Commissioners and completed Nov. 19, marks a new era of cooperation and efficiency said Superior Court Chief Judge Cynthia Wright and State Court Chief Judge Patsy Porter.
The merger combined offices that supervised misdemeanor and felony defendants. The measure was promised earlier this year by Court leaders to increase the efficiency of court operations in the face of ongoing budget constraints.
“This change ushers in a new era of cooperation between State and Superior Courts of sharing services to increase the efficiency of both Courts,” said Chief Superior Court Judge Wright who became Chief Judge in May.
State Court Chief Judge Porter, who also took office this year, agreed that the merger is “a good opportunity to work together as a court system; to show that we are on the same team.”
A committee of State Court judges Susan B. Forsling, Susan E. Edlein and Fred C. Eady worked with State Court staff to hammer out the details of the transfer, Judge Porter said. She praised the “invaluable” service of State Court staff members Mark Harper, Valerie Jordan and Adelaide Wilder in preparing for the transfer of the misdemeanor pretrial release and supervision to Superior Court.
Current State Court pretrial office employees became Superior Court employees under the agreement, said Superior Court Administrator Yolanda Lewis. Combining the operations provides court officials an opportunity to evaluate and improve efficiencies, Lewis said.
"We look forward to a new and improved Pretrial program which will expand the use of technologies and services," Lewis said.
Pretrial Services officers provide neutral, non-adversarial and verified information to judges, defense attorneys, and the prosecutors for use in determining whether to grant bond at a defendant’s initial court appearance and any subsequent hearings where bond and or conditions of release are being determined.
Supervision officers conduct drug testing of defendants to determine the prevalence of drug addiction in the jail population and provide initial screening for addiction and or mental illness to determine which defendants may be appropriately referred to Drug or Mental Health Court.
Working around the clock seven days a week Superior Court Pretrial Services screened 14,220 felony defendants in 2009. Of that total, judges assigned 4,435 defendants to the supervised release program.
Defendants in the supervised release program are much more likely to appear in court and avoid further arrests. In 2009, 97 percent of defendants released to Pretrial supervision attended all scheduled court hearings while avoiding new criminal charges.
The Superior and State Courts of Fulton County are Georgia’s largest and busiest trial courts.
Learn more about the Superior Court on Facebook and follow Court developments on twitter. You can also access information about Superior and State Court programs on the internet at http://www.fultoncourt.org/.
The merger, approved Oct. 21 by Fulton County Commissioners and completed Nov. 19, marks a new era of cooperation and efficiency said Superior Court Chief Judge Cynthia Wright and State Court Chief Judge Patsy Porter.
The merger combined offices that supervised misdemeanor and felony defendants. The measure was promised earlier this year by Court leaders to increase the efficiency of court operations in the face of ongoing budget constraints.
“This change ushers in a new era of cooperation between State and Superior Courts of sharing services to increase the efficiency of both Courts,” said Chief Superior Court Judge Wright who became Chief Judge in May.
State Court Chief Judge Porter, who also took office this year, agreed that the merger is “a good opportunity to work together as a court system; to show that we are on the same team.”
A committee of State Court judges Susan B. Forsling, Susan E. Edlein and Fred C. Eady worked with State Court staff to hammer out the details of the transfer, Judge Porter said. She praised the “invaluable” service of State Court staff members Mark Harper, Valerie Jordan and Adelaide Wilder in preparing for the transfer of the misdemeanor pretrial release and supervision to Superior Court.
Current State Court pretrial office employees became Superior Court employees under the agreement, said Superior Court Administrator Yolanda Lewis. Combining the operations provides court officials an opportunity to evaluate and improve efficiencies, Lewis said.
"We look forward to a new and improved Pretrial program which will expand the use of technologies and services," Lewis said.
Pretrial Services officers provide neutral, non-adversarial and verified information to judges, defense attorneys, and the prosecutors for use in determining whether to grant bond at a defendant’s initial court appearance and any subsequent hearings where bond and or conditions of release are being determined.
Supervision officers conduct drug testing of defendants to determine the prevalence of drug addiction in the jail population and provide initial screening for addiction and or mental illness to determine which defendants may be appropriately referred to Drug or Mental Health Court.
Working around the clock seven days a week Superior Court Pretrial Services screened 14,220 felony defendants in 2009. Of that total, judges assigned 4,435 defendants to the supervised release program.
Defendants in the supervised release program are much more likely to appear in court and avoid further arrests. In 2009, 97 percent of defendants released to Pretrial supervision attended all scheduled court hearings while avoiding new criminal charges.
The Superior and State Courts of Fulton County are Georgia’s largest and busiest trial courts.
Learn more about the Superior Court on Facebook and follow Court developments on twitter. You can also access information about Superior and State Court programs on the internet at http://www.fultoncourt.org/.
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Monday, October 25, 2010
Grant funds program to cut repeat offenses
Inmates selected to participate in Fulton County’s Second Chance Project will receive assistance while they are in the Fulton County Jail and for 18 months after their release. The services provided by the program will focus on helping participants change their behavior.
Fulton County Superior Court Chief Judge Cynthia Wright said that the program will bring needed additions to the state's effort to rehabilitate offenders.
"The Superior Court looks forward to working with our Justice System Partners, Chairman [John] Eaves and the County Commission in ensuring that the Second Chance Project is the first step toward improving offender outcomes and public safety," Judge Wright said.
By reducing recidivism, the Taskforce hopes to help inmates reclaim their lives, help the community with improved public safety, and help save taxpayer dollars. The Fulton County criminal justice system cost taxpayers approximately $221.9 million for 2010. Inmates released back to Fulton County from the state prison system have a 47% recidivism rate.
Fulton County is among 116 organizations in the U.S. – and one of only 17 counties – that will receive Second Chance Act funding this year. The grant allows for an annual renewal for the amount received for up to three years.
The grant was developed by the Fulton County Reentry Taskforce, headed by Fulton County Chairman John H. Eaves, with support from key justice system officials, including District Attorney Paul Howard, Sheriff Ted Jackson, Chief Judge Wright, Public Defender Vernon Pitts, and state agencies including the Georgia Department of Corrections, the Georgia Department of Pardons and Paroles, and the Georgia Department of Labor. Nonprofit and education partners include the Atlanta and Fulton County School systems, the United Way of Metropolitan Atlanta, the Georgia Justice Project, Atlanta Metropolitan College and the Atlanta Technical College, Community Voices and the Morehouse School of Medicine.
"Our Second Chance grant award validates the process we have undertaken -- to bring everyone to the table to identify the best ways to address the public safety challenges we all face in Fulton County,” said Fulton Commission Chairman Eaves.
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source: Fulton County news release Oct. 22, 2010
More details at: Second Chance Program Fact Sheet
Thursday, October 21, 2010
Fulton Courts merge programs
ATLANTA – The pretrial release supervision programs of the Fulton County Superior and State Courts will be combined in what Court officials call the beginning of a new era of cooperation and efficiency.
Approved Wednesday by Fulton County Commissioners the merger combines offices that supervised misdemeanor and felony defendants. It was a measure promised by Court leaders earlier this year to increase the efficiency of court operations in the face of ongoing budget constraints.
“This change ushers in a new era of cooperation between State and Superior Courts of sharing services to increase the efficiency of both Courts,” said Chief Superior Court Judge Cynthia Wright who became Chief Judge in May.
State Court Chief Judge Patsy Porter, who also took office this year, agreed that the merger is “a good opportunity to work together as a court system; to show that we are on the same team.”
A committee of State Court judges Susan B. Forsling, Susan E. Edlein and Fred C. Eady worked with State Court staff to hammer out the details of the transfer, Judge Porter said. She praised the “invaluable” service of State Court staff members Mark Harper, Valerie Jordan and Adelaide Wilder in preparing for the transfer of the misdemeanor pretrial release and supervision to Superior Court.
Current State Court pretrial office employees will become Superior Court employees under the agreement, said Superior Court Administrator Yolanda Lewis. No jobs will be eliminated during the transition and combining operations will provide an opportunity to evaluate and improve efficiencies with both programs, Lewis said.
Pretrial Services officers provide neutral, non-adversarial and verified information to judges, defense attorneys, and the prosecutors for use in determining whether to grant bond at a defendant’s initial court appearance and any subsequent hearings where bond and or conditions of release are being determined.
Supervision officers conduct drug testing of defendants to determine the prevalence of drug addiction in the jail population and provide initial screening for addiction and or mental illness to determine which defendants may be appropriately referred to Drug or Mental Health Court.
Working around the clock seven days a week Superior Court Pretrial Services screened 14,220 felony defendants in 2009. Of that total, judges assigned 4,435 defendants to the supervised release program.
Defendants in the supervised release program are much more likely to appear in court and avoid further arrests. In 2009, 97 percent of defendants released to Pretrial supervision attended all scheduled court hearings while avoiding new criminal charges.
The Superior and State Courts of Fulton County are Georgia’s largest and busiest trial courts.
Learn more about the Superior Court on Facebook and follow Court developments on twitter. You can also access information about Superior and State Court programs on the internet at www.fultoncourt.org.
Approved Wednesday by Fulton County Commissioners the merger combines offices that supervised misdemeanor and felony defendants. It was a measure promised by Court leaders earlier this year to increase the efficiency of court operations in the face of ongoing budget constraints.
“This change ushers in a new era of cooperation between State and Superior Courts of sharing services to increase the efficiency of both Courts,” said Chief Superior Court Judge Cynthia Wright who became Chief Judge in May.
State Court Chief Judge Patsy Porter, who also took office this year, agreed that the merger is “a good opportunity to work together as a court system; to show that we are on the same team.”
A committee of State Court judges Susan B. Forsling, Susan E. Edlein and Fred C. Eady worked with State Court staff to hammer out the details of the transfer, Judge Porter said. She praised the “invaluable” service of State Court staff members Mark Harper, Valerie Jordan and Adelaide Wilder in preparing for the transfer of the misdemeanor pretrial release and supervision to Superior Court.
Current State Court pretrial office employees will become Superior Court employees under the agreement, said Superior Court Administrator Yolanda Lewis. No jobs will be eliminated during the transition and combining operations will provide an opportunity to evaluate and improve efficiencies with both programs, Lewis said.
Pretrial Services officers provide neutral, non-adversarial and verified information to judges, defense attorneys, and the prosecutors for use in determining whether to grant bond at a defendant’s initial court appearance and any subsequent hearings where bond and or conditions of release are being determined.
Supervision officers conduct drug testing of defendants to determine the prevalence of drug addiction in the jail population and provide initial screening for addiction and or mental illness to determine which defendants may be appropriately referred to Drug or Mental Health Court.
Working around the clock seven days a week Superior Court Pretrial Services screened 14,220 felony defendants in 2009. Of that total, judges assigned 4,435 defendants to the supervised release program.
Defendants in the supervised release program are much more likely to appear in court and avoid further arrests. In 2009, 97 percent of defendants released to Pretrial supervision attended all scheduled court hearings while avoiding new criminal charges.
The Superior and State Courts of Fulton County are Georgia’s largest and busiest trial courts.
Learn more about the Superior Court on Facebook and follow Court developments on twitter. You can also access information about Superior and State Court programs on the internet at www.fultoncourt.org.
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Tuesday, June 29, 2010
Fulton State’s First Permanent Family Division
ATLANTA (June 29, 2010) -- After operating as a pilot project for 12 years, the Family Division of the Superior Court of Fulton County has been made a permanent part of Georgia’s largest and busiest trial court.
Established in 1998 by the General Assembly as a pilot project, the Family Division is an innovative program in which legal, psychological and social services professionals assist litigants and their families in resolving domestic legal disputes in a coordinated, non-confrontational and expeditious manner.
The Judges of Family Division volunteer for the assignment and receive specialized training. Fulton County has actively supported the Court by funding the Family Division. The Supreme Court of Georgia made the Family Division permanent just days before its legislative mandate was to have expired on June 30, 2010.
“We appreciate the Supreme Court’s action, the County’s ongoing funding, and the support of the legal community for the efficient and effective resolution of family disputes,” said Chief Superior Court Judge Cynthia Wright, who previously served as a Family Division judge. “Our Bench has enthusiastically supported the Family Division and the Judges who serve the families of Fulton County.”
The Supreme Court order said the justices decided to permanently establish the program to “Provide a speedy, certain, comprehensive, non-adversarial approach to the judicial resolution of multiple family problems and disputes while more systematically and effectively addressing the interests of children and the family unit.”
“Few issues come before our courts that are more important than the stability of our families,” Chief Justice Carol W. Hunstein said of the decision to make Fulton’s Georgia’s first permanent Family Division. “The swift resolution of matters such as divorce and child custody, adoption and domestic violence, safeguard our children’s well-being and society at large.
“The Fulton County Family Court has become a model for the state of Georgia,” Chief Justice Hunstein said.
Fulton’s Family Division was created to take into account the special nature of domestic legal issues. Among the innovations introduced to Georgia by the program:
• Family Law Information Center, providing free assistance to litigants, including legal consultations and forms for filing and responding to domestic legal actions,
• One Stop, an office that assists those seeking protection from domestic violence and stalking,
• Onsite Mediation, offered at no cost to litigants to resolve their legal issues,
• I-CAN! - the Interactive Community Assistance Network, is free, internet-based help to properly complete legal forms using client-provided answers to a series of questions presented by a video guide,
• On Site
• One Family, One Judge concept, with all actions involving a family being heard by the same judge.
Family Division Chief Administrative Judge Gail S. Tusan was one of the first to volunteer for the Family Division. She, along with fellow Family Division Judges Bensonetta Tipton Lane and Tom Campbell, knows firsthand how important the service is to families who appear before the court.
“Our judges and staff are committed to helping Fulton’s families work through difficult transitions and access much needed services, said Judge Tusan. “In today’s dire economic times, the ability to afford counsel is even more challenging.
“The Family Division guarantees that every citizen with a family related issue will be heard,” Judge Tusan said.
The program is also very efficient. In 2009, the Family Division resolved 5,677 cases, provided 1,227 free attorney consultations, fielded 34,814 help requests, issued 2,021 temporary protective orders and held 41 Families in Transition and 27 Assisting Children in Transition seminars. At the end of the first quarter of 2010 the program was on track to top those numbers, according to court records.
The Family Division effort has been extended by volunteer activities such as the Domestic Violence Project, which operate a free assistance center located within the Court complex.
“Since its inception, AVLF has worked collaboratively with the Family Division to address the varied needs of families in transition,” said Jennifer Stolarski, director of the Domestic Violence Project.
“From the Guardian ad Litem program to the Mediation program to the Family Law Information Center to the One Stop and Safe Families Offices, we have seen the difference that the coordinated efforts of the Family Division can make for our clients and for individual families. The Family Division adds tremendous value to our community, and we look forward to our continued partnership.”
Jon W. Hedgepeth, chairman of the Atlanta Bar Association’s Family Law Section, said he hopes other county Superior Courts will emulate the Fulton Family Division.
“The Family Division is by far the most efficient and effective program in resolving family law issues,” Mr. Hedgepeth said. “It is my hope that other counties will realize the effectiveness of a division dedicated to family law and implement similar programs.”
For more information on the Family Division of the Superior Court of Fulton County, go to: http://www.fultoncourt.org/ and click on Family Division in the left column. To read the Supreme Court of Georgia order making the Family Division a permanent part of the Fulton Superior Court, go to: http://bit.ly/FultonFamilyDivision
Established in 1998 by the General Assembly as a pilot project, the Family Division is an innovative program in which legal, psychological and social services professionals assist litigants and their families in resolving domestic legal disputes in a coordinated, non-confrontational and expeditious manner.
The Judges of Family Division volunteer for the assignment and receive specialized training. Fulton County has actively supported the Court by funding the Family Division. The Supreme Court of Georgia made the Family Division permanent just days before its legislative mandate was to have expired on June 30, 2010.
“We appreciate the Supreme Court’s action, the County’s ongoing funding, and the support of the legal community for the efficient and effective resolution of family disputes,” said Chief Superior Court Judge Cynthia Wright, who previously served as a Family Division judge. “Our Bench has enthusiastically supported the Family Division and the Judges who serve the families of Fulton County.”
The Supreme Court order said the justices decided to permanently establish the program to “Provide a speedy, certain, comprehensive, non-adversarial approach to the judicial resolution of multiple family problems and disputes while more systematically and effectively addressing the interests of children and the family unit.”
“Few issues come before our courts that are more important than the stability of our families,” Chief Justice Carol W. Hunstein said of the decision to make Fulton’s Georgia’s first permanent Family Division. “The swift resolution of matters such as divorce and child custody, adoption and domestic violence, safeguard our children’s well-being and society at large.
“The Fulton County Family Court has become a model for the state of Georgia,” Chief Justice Hunstein said.
Fulton’s Family Division was created to take into account the special nature of domestic legal issues. Among the innovations introduced to Georgia by the program:
• Family Law Information Center, providing free assistance to litigants, including legal consultations and forms for filing and responding to domestic legal actions,
• One Stop, an office that assists those seeking protection from domestic violence and stalking,
• Onsite Mediation, offered at no cost to litigants to resolve their legal issues,
• I-CAN! - the Interactive Community Assistance Network, is free, internet-based help to properly complete legal forms using client-provided answers to a series of questions presented by a video guide,
• On Site
- paternity testing and
- drug and alcohol testing,
- Free, monthly legal seminars and clinics
- Families in Transition - a mandatory seminar in English and Spanish for parents or guardians engaged in litigation which involves the question of custody of a minor child or children and
- Assisting Children in Transition for the children of divorcing families.
• One Family, One Judge concept, with all actions involving a family being heard by the same judge.
Family Division Chief Administrative Judge Gail S. Tusan was one of the first to volunteer for the Family Division. She, along with fellow Family Division Judges Bensonetta Tipton Lane and Tom Campbell, knows firsthand how important the service is to families who appear before the court.
“Our judges and staff are committed to helping Fulton’s families work through difficult transitions and access much needed services, said Judge Tusan. “In today’s dire economic times, the ability to afford counsel is even more challenging.
“The Family Division guarantees that every citizen with a family related issue will be heard,” Judge Tusan said.
The program is also very efficient. In 2009, the Family Division resolved 5,677 cases, provided 1,227 free attorney consultations, fielded 34,814 help requests, issued 2,021 temporary protective orders and held 41 Families in Transition and 27 Assisting Children in Transition seminars. At the end of the first quarter of 2010 the program was on track to top those numbers, according to court records.
The Family Division effort has been extended by volunteer activities such as the Domestic Violence Project, which operate a free assistance center located within the Court complex.
“Since its inception, AVLF has worked collaboratively with the Family Division to address the varied needs of families in transition,” said Jennifer Stolarski, director of the Domestic Violence Project.
“From the Guardian ad Litem program to the Mediation program to the Family Law Information Center to the One Stop and Safe Families Offices, we have seen the difference that the coordinated efforts of the Family Division can make for our clients and for individual families. The Family Division adds tremendous value to our community, and we look forward to our continued partnership.”
Jon W. Hedgepeth, chairman of the Atlanta Bar Association’s Family Law Section, said he hopes other county Superior Courts will emulate the Fulton Family Division.
“The Family Division is by far the most efficient and effective program in resolving family law issues,” Mr. Hedgepeth said. “It is my hope that other counties will realize the effectiveness of a division dedicated to family law and implement similar programs.”
For more information on the Family Division of the Superior Court of Fulton County, go to: http://www.fultoncourt.org/ and click on Family Division in the left column. To read the Supreme Court of Georgia order making the Family Division a permanent part of the Fulton Superior Court, go to: http://bit.ly/FultonFamilyDivision
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Monday, June 28, 2010
Just For Jurors
Want to know more about jury service and why it’s so important to the working of the Justice System?
The Superior Court of Fulton County now has a newsletter for jurors to answer those and other questions.
Jury Matters contains profiles of judges, tips on how to make jury service more enjoyable, why serving on a jury is important and how to deal with having to set aside time for this important civic duty.
The current issue profiles the six Fulton County residents who comprise the Jury Commission, citizens appointed by the Chief Judge to six-year terms. The Jury Commission ensures that Fulton’s jury lists comprise a fair cross section of the county’s residents as required by the U.S. Constitution.
The Superior Court of Fulton County, with 20 elected judges and an ongoing caseload of some 30,000 cases, is Georgia’s largest and busiest trial court. The Court annually issues jury duty summons to nearly 100,000 Fulton residents, but has a goal of reducing that number by increasing the efficiency of its jury operation. The Court invites citizen feedback on how to do more with less.
Jury Matters can be downloaded from the Court’s webpage for jurors.
Go to www.fultoncourt.org/ and click on Jury Division in the left column.
Friday, June 18, 2010
Superior Court Reassigns Burglary Cases
Responding to Citizen Concerns
ATLANTA -- Burglary charges in Fulton County will no longer be decided by Magistrate Judges, Fulton County’s Chief Judge announced Friday.
Citing concerns about the increasing incidence of burglary and its impact on communities Chief Judge Cynthia Wright said the Court’s elected Superior Court Judges will hear all burglary cases effective June 21, 2010.
“I and my fellow Judges have listened to input from our citizens and have taken their concerns to heart,” Judge Wright said. "We are making this change so that we can adequately review the charges, a defendant’s past criminal history, impose appropriate sentences and be held accountable by the public for the sentence imposed."
Up until this date, burglaries have been assigned to the Court’s Felony Fast-Track program. Begun in 2006, the Fast-Track is credited with reducing Fulton’s criminal case backlog of nonviolent, drug and property crime cases by 40 percent while giving the county’s elected Superior Court Judges more time to deal with murder and other violent crimes.
“The Felony Fast-Track program does an excellent job of processing nonviolent drug and minor property crime, but at this point the Court believes it more appropriate that burglary be removed from that program based on the increasing incidence of burglary and the increasing incidence of violent burglary,” Judge Wright said.
Judge Wright said Fast-Track and every other program and process of the Superior Court is and will continue to be under review to ensure that the Court functions efficiently and effectively and with greater accountability.
“Each time we attempt to improve our Court we understand that there will need to be adjustments to procedures,” Judge Wright said. “But our commitment is always to public safety, efficiency in court procedures and providing due process for all.”
Fulton Superior Court is Georgia’s largest and busiest trial court, with some 30,000 cases on its calendar.
The Fast-Track program is one of several innovations piloted by the Court. Others established in the past two decades include Georgia’s:
• First Family Court to speed decisions in divorce, custody and support actions to minimize the pain and dislocation associated with these proceedings.
• Most ambitious and effective Drug and Mental Health courts. Our programs address the most serious repeat offenders to maximize public safety by turning lawbreakers into taxpayers.
• Most efficient and effective pretrial release supervision program that saves taxpayer money while keeping defendants for reoffending.
In 2009, the Court began a backlog reduction project, funded by a $1.2 million federal grant to sort out 350 crimes-against-persons felony cases that were more than 1 year old.
This year, the Court developed a case management pilot project that seeks to maintain the reduction in cases by meeting or beating nation best practice timelines and benchmarks for processing felony cases that was recently agreed to by the Court, District Attorney, and Public Defender.
Fulton’s 19 Superior Court Judges preside over administrative appeals and civil, serious criminal, and domestic relations cases. And, since Fulton County includes Atlanta, the state’s capitol, Fulton Superior Court Judges hears all lawsuits involving state government units. The Fulton Superior Court Administrator manages Approximately 300 staff that operates the programs and services designed to provide the citizens of Fulton County with meaningful access to the judicial system.
ATLANTA -- Burglary charges in Fulton County will no longer be decided by Magistrate Judges, Fulton County’s Chief Judge announced Friday.
Citing concerns about the increasing incidence of burglary and its impact on communities Chief Judge Cynthia Wright said the Court’s elected Superior Court Judges will hear all burglary cases effective June 21, 2010.
“I and my fellow Judges have listened to input from our citizens and have taken their concerns to heart,” Judge Wright said. "We are making this change so that we can adequately review the charges, a defendant’s past criminal history, impose appropriate sentences and be held accountable by the public for the sentence imposed."
Up until this date, burglaries have been assigned to the Court’s Felony Fast-Track program. Begun in 2006, the Fast-Track is credited with reducing Fulton’s criminal case backlog of nonviolent, drug and property crime cases by 40 percent while giving the county’s elected Superior Court Judges more time to deal with murder and other violent crimes.
“The Felony Fast-Track program does an excellent job of processing nonviolent drug and minor property crime, but at this point the Court believes it more appropriate that burglary be removed from that program based on the increasing incidence of burglary and the increasing incidence of violent burglary,” Judge Wright said.
Judge Wright said Fast-Track and every other program and process of the Superior Court is and will continue to be under review to ensure that the Court functions efficiently and effectively and with greater accountability.
“Each time we attempt to improve our Court we understand that there will need to be adjustments to procedures,” Judge Wright said. “But our commitment is always to public safety, efficiency in court procedures and providing due process for all.”
Fulton Superior Court is Georgia’s largest and busiest trial court, with some 30,000 cases on its calendar.
The Fast-Track program is one of several innovations piloted by the Court. Others established in the past two decades include Georgia’s:
• First Family Court to speed decisions in divorce, custody and support actions to minimize the pain and dislocation associated with these proceedings.
• Most ambitious and effective Drug and Mental Health courts. Our programs address the most serious repeat offenders to maximize public safety by turning lawbreakers into taxpayers.
• Most efficient and effective pretrial release supervision program that saves taxpayer money while keeping defendants for reoffending.
In 2009, the Court began a backlog reduction project, funded by a $1.2 million federal grant to sort out 350 crimes-against-persons felony cases that were more than 1 year old.
This year, the Court developed a case management pilot project that seeks to maintain the reduction in cases by meeting or beating nation best practice timelines and benchmarks for processing felony cases that was recently agreed to by the Court, District Attorney, and Public Defender.
Fulton’s 19 Superior Court Judges preside over administrative appeals and civil, serious criminal, and domestic relations cases. And, since Fulton County includes Atlanta, the state’s capitol, Fulton Superior Court Judges hears all lawsuits involving state government units. The Fulton Superior Court Administrator manages Approximately 300 staff that operates the programs and services designed to provide the citizens of Fulton County with meaningful access to the judicial system.
Thursday, June 17, 2010
Chief Judge Corrects The Record
Thursday, 17 June 2010 08:55
By Don Plummer
On Wednesday Chief Judge Cynthia Wright corrected several mischaracterizations of the status of cases being heard by the Superior Court of Fulton County.
During an interview on WSB TV Chief Judge Wright said the recent dismissal of a murder case due to the length of time it had been pending was because of the specific facts in that case.
“The length of time a case is pending does not necessarily require dismissal because cases can grow old due to a variety of reasons, including incompetency to stand trial, appeals, motions and other case-related issues,” Chief Judge Wright said.
In fact, Judge Wright said, the Fulton Superior Court has continued to make significant progress in reducing the number of pending murder cases by completing 57 cases since January, leaving the Court with a total of 179 active murder cases.
Overall, felony caseloads have been reduced in the past four years, Judge Wright said.
One reason for the reduction: the Court instituted a Felony Fast-Track case-management program.
This joint effort of the Court, the Fulton District Attorney, and Fulton Public Defender deals with all nonviolent drug and property crimes – which comprise more than 70 percent of all felony indictments in Fulton - in nine weeks from arrest to conclusion. And, less than 1 percent of those cases require trial, further saving court time and tax dollars. Since Felony Fast-Track began in 2006, the court’s inventory of these type cases has been reduced by 40 percent.
A new pilot project agreed to by the DA and Public Defender will expand the rigid case management standards of Felony Fast-Track to new felony cases has been in development for several months, Wright said.
The case management plan was the result of a two-day seminar last fall organized by the Court and led by national case management experts. The seminar, attended by the Fulton County District Attorney, Fulton’s Public Defender, Superior Court Judges, Clerk of Court and members of their respective staffs, led to creation of the case management plan being implemented.
The plan will include 10 of the Court’s 20 judges and will operate under a memorandum of understanding agreed to by the District Attorney, Public Defender and other justice system partners. Under the expanded case standards plan murder and other serious violent felonies will be concluded within 48 weeks of indictment. All other crimes against persons felonies will be processed within 36 weeks of Indictment, Wright said.
The Fulton judicial system does face challenges due to a lack of funding that affects every agency, Wright said. A new unified computer system, a 10-year campaign that was approved this year, will go a long way toward streamlining the state’s largest judicial system, but more has to be done to bring the system up to the demands of civil and criminal cases, she said.
More money must be allocated for all justice agencies so they have adequate staff to process the large volume of civil and criminal cases in Fulton, she said.
The Superior Court must not focus exclusively on criminal cases because the Court has other Constitutionally mandated obligations to process civil cases, including domestic litigation involving families and children, Wright said.
Balancing those multiple responsibilities and increasing coordination with other justice agencies to achieve maximum efficiency is a goal that Wright has set for her two-year term as Chief Judge.
By Don Plummer
During an interview on WSB TV Chief Judge Wright said the recent dismissal of a murder case due to the length of time it had been pending was because of the specific facts in that case.
“The length of time a case is pending does not necessarily require dismissal because cases can grow old due to a variety of reasons, including incompetency to stand trial, appeals, motions and other case-related issues,” Chief Judge Wright said.
In fact, Judge Wright said, the Fulton Superior Court has continued to make significant progress in reducing the number of pending murder cases by completing 57 cases since January, leaving the Court with a total of 179 active murder cases.
Overall, felony caseloads have been reduced in the past four years, Judge Wright said.
One reason for the reduction: the Court instituted a Felony Fast-Track case-management program.
This joint effort of the Court, the Fulton District Attorney, and Fulton Public Defender deals with all nonviolent drug and property crimes – which comprise more than 70 percent of all felony indictments in Fulton - in nine weeks from arrest to conclusion. And, less than 1 percent of those cases require trial, further saving court time and tax dollars. Since Felony Fast-Track began in 2006, the court’s inventory of these type cases has been reduced by 40 percent.
A new pilot project agreed to by the DA and Public Defender will expand the rigid case management standards of Felony Fast-Track to new felony cases has been in development for several months, Wright said.
The case management plan was the result of a two-day seminar last fall organized by the Court and led by national case management experts. The seminar, attended by the Fulton County District Attorney, Fulton’s Public Defender, Superior Court Judges, Clerk of Court and members of their respective staffs, led to creation of the case management plan being implemented.
The plan will include 10 of the Court’s 20 judges and will operate under a memorandum of understanding agreed to by the District Attorney, Public Defender and other justice system partners. Under the expanded case standards plan murder and other serious violent felonies will be concluded within 48 weeks of indictment. All other crimes against persons felonies will be processed within 36 weeks of Indictment, Wright said.
The Fulton judicial system does face challenges due to a lack of funding that affects every agency, Wright said. A new unified computer system, a 10-year campaign that was approved this year, will go a long way toward streamlining the state’s largest judicial system, but more has to be done to bring the system up to the demands of civil and criminal cases, she said.
More money must be allocated for all justice agencies so they have adequate staff to process the large volume of civil and criminal cases in Fulton, she said.
The Superior Court must not focus exclusively on criminal cases because the Court has other Constitutionally mandated obligations to process civil cases, including domestic litigation involving families and children, Wright said.
Balancing those multiple responsibilities and increasing coordination with other justice agencies to achieve maximum efficiency is a goal that Wright has set for her two-year term as Chief Judge.
Friday, June 11, 2010
Clearing the Backlog
Read about how our Court is innovating ways to improve access to justice and enhance public safety by resolving older cases.
________________________________________
Friday, June 11, 2010
Fulton clears 239 backlogged cases
Federally funded program helps save money and resolve cases that have been stalled for at least one year
By Greg Land, Staff Reporter
In a near-empty Fulton County courtroom, Northeastern Circuit Senior Judge John E. Girardeau listened attentively as Public Defender Richard W. Marks summed up his case: no 911 tapes, no "independent" witnesses—true, the assault victim had been photographed with bruises on her face, but she may have inflicted the injuries to herself in order to frame her boyfriend, to "pay him back" for cheating on her.
Rising to deliver his own closing remarks, Fulton County Assistant District Attorney David J. Studdard dismissed Marks' arguments as "preposterous" and expressed astonishment that his opponent could make them with a straight face.
Girardeau then issued his instructions to the jury, sending them out to deliberate as one more of the county's backlogged cases ground toward an end.
One of eight senior judges assigned to the Superior Court's Backlog Reduction Program, Girardeau had first become involved in State v. Stewart just two days earlier. Pretrial motions, plea negotiations and witness issues had all been ironed out earlier.
"When they say it's scheduled for trial week, you can count on it being ready for trial," said Girardeau, who took senior status in 2005.
"That's different from a judge handling a regular calendar, where there often other things that can cause delays," he said.
Since last September, the program has led to resolution of 239 complex felony cases that had left nearly 189 criminal defendants languishing in the Fulton County Jail for more than a year—often much longer than that, according to Fulton County Superior Court statistics.
Funded by $1.2 million in federal stimulus money, the program has churned through the backlog mainly through plea deals, with the toughest cases going to trial before designated teams of prosecutors, defense attorneys, judges and support staff.
The cumulative total for the amount of time those defendants spent in jail before trial: 83,294 days, or more than 228 years, according to the court.
"These are people who have been sitting in jail at a cost of $72 a day," said Fulton County Superior Court Senior Judge Stephanie B. Manis, "while I understand it costs about $40 a day to keep them in state prison." She was citing data from Fulton County Sheriff Theodore "Ted" Jackson.
While saving the county taxpayers money by moving the cases is important, noted Manis, it's also important to resolve the cases in the interest of justice: There have been some not-guilty verdicts, and several of the cases—mostly those involving lower mandatory minimum sentences or lower-level felonies—have been dead-docketed.
Manis has been overseeing the program since its inception, and before that had been working on another backlog case project.
The cases, some of which involve defendants who have been jailed since 2006, fall into four categories:
•murder;
•mandatory plus, in which convictions on charges including aggravated child molestation, aggravated sexual battery, aggravated sodomy, kidnapping with bodily injury, kidnapping a victim under 14 years of age and rape are punishable by a mandatory minimum 25 years in prison;
•mandatory, in which convictions for armed robbery, hijacking, kidnapping, trafficking and offenses that require inclusion upon Georgia's sex offender registry are punishable by a mandatory minimum 10 years in prison; and
•other, which includes offenses such as aggravated assault and aggravated battery, punishable by one to 20 years in prison, and child molestation, punishable by five to 20 years, among others.
Manis said several factors contribute to these "tough to resolve" cases.
"I think you have a higher number of cases with defendants with mental health issues," she said. "There are a large number of crimes against women and children, and a larger number of cases with the high mandatory sentences."
As the General Assembly has steadily increased such sentences and the number of crimes to which they apply, she said, defendants are more likely to roll the dice on a jury trial than to accept a plea.
"With these 25- and 30-year sentences, there's much less advantage to someone going on the record and expressing remorse," she said. "We predict about 80 percent will go to trial."
Other reasons for the backlog involve cases with multiple defendants and attorneys, cases that are on appeal or those that have already resulted in a mistrial. But Manis said the most common reason cited for the dust-gathering cases is "court congestion."
Manis has drawn upon several years' worth of a court consultant's recommendations for criminal case management to put together her own informal bench book and recommendations for the lawyers, judges and staff who work the backlog cases.
She has so far relegated the actual trials to the other judges, busying herself with reviewing cases, hearing motions and conducting meetings, disposing of the cases she can and getting the others ready for trial so a judge can simply walk into court and begin voir dire.
"I talk to everybody," she said, telling the backlog defendants and the victims, "it's taking a long time, and we need move this case along."
The Georgia Legislature has slashed most state funding for senior judges, and Superior Court Administrator Judith Cramer credits officials in Fulton municipalities for letting some of their own federal funds be used for the project.
"It wouldn't have been possible without the chiefs of police, city managers and council members of the Fulton County cities," said Cramer, explaining that the funds came from a federal Justice Assistance Grant to the cities last year.
"The money was to be shared with law enforcement. I met with a group of [city officials] and asked if they'd give me some of their money," said Cramer.
While funds have been made available nationwide to hire more police officers, "judges, prosecutors, public defenders and clerks are often left out of the equation," she said. "But the more boots on the ground, the more arrests are made."
Cramer likened the resulting surge in arrests on already swollen criminal dockets to a snake eating a large animal.
"You've got this large lump moving through the snake, and what you've got is a snake with indigestion," she said.
With total funding of $1,235,493, the program pays for 20 positions, incuding two senior judges and a three-member staff; two senior prosecutors, two investigators and a legal assistant; three public defenders and a defense investigator; four staff members from the clerk of the Superior Court's office and two staff members from the Sheriff's Department.
The judges' duties rotate between Manis, Girardeau and Senior Fulton County Judges Isaac Jenrette and Elizabeth E. Long; Senior Cobb County Judge Michael Stoddard; and Senior DeKalb County Judges Robert P. Mallis and Anne Workman. Senior Cherokee Circuit Superior Court Judge Tom Pope was originally involved but has since withdrawn, said Manis.
The program was staffed and operational in September, and Cramer said that the funding is projected to run out about mid-December. After that, she's hoping the county, state and/or federal governments might be willing to help keep it alive.
The program gets high marks from those involved.
"One of the great things about the backlog program is that we're able to jump right on our clients' cases," said Marks, the public defender in the case before Girardeau who is one of three Fulton County public defenders assigned to the program.
The ability to have cases prepared by one judge then, if necessary, sent to another for trial enables quick handling, said Marks.
"Our job is to make sure that everything that has to be done is done," he said, "as opposed to just letting them just keep sitting on the shelf."
While the public defenders handle most of the cases, he said, "everything's on a case-by-case basis. In some cases, the original attorney on the case [whether assigned or private], will come to backlog and represent the defendant. In others, the original lawyer will pass his file to us. There's no bright-line rule."
The state has provided seasoned prosecutors, and the cases move as smoothly as can be expected, said Marks.
"No system is perfect," said Marks, "but [the program] does a great job, and the goals set out have been attained."
Prosecutor Studdard deferred comment to Fulton County District Attorney Paul L. Howard Jr., who lauded the program even as he repeated his own complaints about the handling of cases in the Superior Court.
"My assessment is that Judge Manis and the lawyers and the PDs have done an outstanding job," said Howard. "A lot of the credit goes to Judge Manis, who has single-handedly engineered this effort to reduce the backlog cases."
But Howard—who has seen a string of criminal cases fall apart when defendants sought speedy trial dismissals, often in cases in which multiple judges have been assigned a case as the years tick by—said there still need to be courtwide standards for handling cases.
Howard acknowledges that the court has adopted several innovations that have streamlined case-flow to some extent, including specialty courts designed to weed out defendants who have drug and mental health issues; a fast-track program to move lower-level drug and property crime cases swiftly; and a recent pilot program to create separate criminal and civil divisions in the Superior Court.
"This is the fourth backlog effort we have been involved in," said Howard. "Even though this is successful, the number of people in the backlog cases and the number of people in jail remains relatively the same."
Howard called for "an organizational change that will affect the superior, state and magistrate courts, all attacking the same priorities: the numbers of people in jail and awaiting trial.
"Second," he said, "all of the cases in our superior court system should be tried within a certain number of days."
While the criminal justice system in Fulton does suffer from a lack of sufficient resources, he said, "I regard those questions about resources being anecdotal. Unless there is an organizational approach, there will not be overall change. Activity is not the same as achievement."
Cramer, who recently announced she would leave her post, said that one of the goals of the project is to set precisely such goals and caseload standards, which can then be adopted by the entire Fulton County bench.
"The problem now is setting up the system so it doesn't happen again," she said. "We want to develop standards relating to case management. We already have standards for fast-track felonies, but it's much more difficult for the complex cases."
Even so, she noted, there are 19—soon to be 20—elected judges on the Superior Court bench, and "as in any legal culture, there will be specific areas of concern," she said.
"And we simply do not have enough judges, DAs or PDs," she said. "It's a good program, but it won't solve the problem. We have 19 judges now; we need 32 just to do the job."
Fulton County Superior Court Chief Judge Cynthia D. Wright said the court has requested $140,000 in additional funds from the county to continue the program. The request was among several from the county's justice system that were removed from the Fulton County Commission's June 2 agenda; according to Fulton County Superior Court spokesman Don Plummer, it will again be on the agenda for the June 16 meeting.
"We continue to explore other possible avenues for continued funding of the backlog," said Wright via an e-mail.
Howard said he, too, is hoping to keep the program alive.
Lengthy delays are "unfair for defendants, and even more unfair for victims," he said.
________________________________________
Friday, June 11, 2010
Fulton clears 239 backlogged cases
Federally funded program helps save money and resolve cases that have been stalled for at least one year
By Greg Land, Staff Reporter
In a near-empty Fulton County courtroom, Northeastern Circuit Senior Judge John E. Girardeau listened attentively as Public Defender Richard W. Marks summed up his case: no 911 tapes, no "independent" witnesses—true, the assault victim had been photographed with bruises on her face, but she may have inflicted the injuries to herself in order to frame her boyfriend, to "pay him back" for cheating on her.
Rising to deliver his own closing remarks, Fulton County Assistant District Attorney David J. Studdard dismissed Marks' arguments as "preposterous" and expressed astonishment that his opponent could make them with a straight face.
Girardeau then issued his instructions to the jury, sending them out to deliberate as one more of the county's backlogged cases ground toward an end.
One of eight senior judges assigned to the Superior Court's Backlog Reduction Program, Girardeau had first become involved in State v. Stewart just two days earlier. Pretrial motions, plea negotiations and witness issues had all been ironed out earlier.
"When they say it's scheduled for trial week, you can count on it being ready for trial," said Girardeau, who took senior status in 2005.
"That's different from a judge handling a regular calendar, where there often other things that can cause delays," he said.
Since last September, the program has led to resolution of 239 complex felony cases that had left nearly 189 criminal defendants languishing in the Fulton County Jail for more than a year—often much longer than that, according to Fulton County Superior Court statistics.
Funded by $1.2 million in federal stimulus money, the program has churned through the backlog mainly through plea deals, with the toughest cases going to trial before designated teams of prosecutors, defense attorneys, judges and support staff.
The cumulative total for the amount of time those defendants spent in jail before trial: 83,294 days, or more than 228 years, according to the court.
"These are people who have been sitting in jail at a cost of $72 a day," said Fulton County Superior Court Senior Judge Stephanie B. Manis, "while I understand it costs about $40 a day to keep them in state prison." She was citing data from Fulton County Sheriff Theodore "Ted" Jackson.
While saving the county taxpayers money by moving the cases is important, noted Manis, it's also important to resolve the cases in the interest of justice: There have been some not-guilty verdicts, and several of the cases—mostly those involving lower mandatory minimum sentences or lower-level felonies—have been dead-docketed.
Manis has been overseeing the program since its inception, and before that had been working on another backlog case project.
The cases, some of which involve defendants who have been jailed since 2006, fall into four categories:
•murder;
•mandatory plus, in which convictions on charges including aggravated child molestation, aggravated sexual battery, aggravated sodomy, kidnapping with bodily injury, kidnapping a victim under 14 years of age and rape are punishable by a mandatory minimum 25 years in prison;
•mandatory, in which convictions for armed robbery, hijacking, kidnapping, trafficking and offenses that require inclusion upon Georgia's sex offender registry are punishable by a mandatory minimum 10 years in prison; and
•other, which includes offenses such as aggravated assault and aggravated battery, punishable by one to 20 years in prison, and child molestation, punishable by five to 20 years, among others.
Manis said several factors contribute to these "tough to resolve" cases.
"I think you have a higher number of cases with defendants with mental health issues," she said. "There are a large number of crimes against women and children, and a larger number of cases with the high mandatory sentences."
As the General Assembly has steadily increased such sentences and the number of crimes to which they apply, she said, defendants are more likely to roll the dice on a jury trial than to accept a plea.
"With these 25- and 30-year sentences, there's much less advantage to someone going on the record and expressing remorse," she said. "We predict about 80 percent will go to trial."
Other reasons for the backlog involve cases with multiple defendants and attorneys, cases that are on appeal or those that have already resulted in a mistrial. But Manis said the most common reason cited for the dust-gathering cases is "court congestion."
Manis has drawn upon several years' worth of a court consultant's recommendations for criminal case management to put together her own informal bench book and recommendations for the lawyers, judges and staff who work the backlog cases.
She has so far relegated the actual trials to the other judges, busying herself with reviewing cases, hearing motions and conducting meetings, disposing of the cases she can and getting the others ready for trial so a judge can simply walk into court and begin voir dire.
"I talk to everybody," she said, telling the backlog defendants and the victims, "it's taking a long time, and we need move this case along."
The Georgia Legislature has slashed most state funding for senior judges, and Superior Court Administrator Judith Cramer credits officials in Fulton municipalities for letting some of their own federal funds be used for the project.
"It wouldn't have been possible without the chiefs of police, city managers and council members of the Fulton County cities," said Cramer, explaining that the funds came from a federal Justice Assistance Grant to the cities last year.
"The money was to be shared with law enforcement. I met with a group of [city officials] and asked if they'd give me some of their money," said Cramer.
While funds have been made available nationwide to hire more police officers, "judges, prosecutors, public defenders and clerks are often left out of the equation," she said. "But the more boots on the ground, the more arrests are made."
Cramer likened the resulting surge in arrests on already swollen criminal dockets to a snake eating a large animal.
"You've got this large lump moving through the snake, and what you've got is a snake with indigestion," she said.
With total funding of $1,235,493, the program pays for 20 positions, incuding two senior judges and a three-member staff; two senior prosecutors, two investigators and a legal assistant; three public defenders and a defense investigator; four staff members from the clerk of the Superior Court's office and two staff members from the Sheriff's Department.
The judges' duties rotate between Manis, Girardeau and Senior Fulton County Judges Isaac Jenrette and Elizabeth E. Long; Senior Cobb County Judge Michael Stoddard; and Senior DeKalb County Judges Robert P. Mallis and Anne Workman. Senior Cherokee Circuit Superior Court Judge Tom Pope was originally involved but has since withdrawn, said Manis.
The program was staffed and operational in September, and Cramer said that the funding is projected to run out about mid-December. After that, she's hoping the county, state and/or federal governments might be willing to help keep it alive.
The program gets high marks from those involved.
"One of the great things about the backlog program is that we're able to jump right on our clients' cases," said Marks, the public defender in the case before Girardeau who is one of three Fulton County public defenders assigned to the program.
The ability to have cases prepared by one judge then, if necessary, sent to another for trial enables quick handling, said Marks.
"Our job is to make sure that everything that has to be done is done," he said, "as opposed to just letting them just keep sitting on the shelf."
While the public defenders handle most of the cases, he said, "everything's on a case-by-case basis. In some cases, the original attorney on the case [whether assigned or private], will come to backlog and represent the defendant. In others, the original lawyer will pass his file to us. There's no bright-line rule."
The state has provided seasoned prosecutors, and the cases move as smoothly as can be expected, said Marks.
"No system is perfect," said Marks, "but [the program] does a great job, and the goals set out have been attained."
Prosecutor Studdard deferred comment to Fulton County District Attorney Paul L. Howard Jr., who lauded the program even as he repeated his own complaints about the handling of cases in the Superior Court.
"My assessment is that Judge Manis and the lawyers and the PDs have done an outstanding job," said Howard. "A lot of the credit goes to Judge Manis, who has single-handedly engineered this effort to reduce the backlog cases."
But Howard—who has seen a string of criminal cases fall apart when defendants sought speedy trial dismissals, often in cases in which multiple judges have been assigned a case as the years tick by—said there still need to be courtwide standards for handling cases.
Howard acknowledges that the court has adopted several innovations that have streamlined case-flow to some extent, including specialty courts designed to weed out defendants who have drug and mental health issues; a fast-track program to move lower-level drug and property crime cases swiftly; and a recent pilot program to create separate criminal and civil divisions in the Superior Court.
"This is the fourth backlog effort we have been involved in," said Howard. "Even though this is successful, the number of people in the backlog cases and the number of people in jail remains relatively the same."
Howard called for "an organizational change that will affect the superior, state and magistrate courts, all attacking the same priorities: the numbers of people in jail and awaiting trial.
"Second," he said, "all of the cases in our superior court system should be tried within a certain number of days."
While the criminal justice system in Fulton does suffer from a lack of sufficient resources, he said, "I regard those questions about resources being anecdotal. Unless there is an organizational approach, there will not be overall change. Activity is not the same as achievement."
Cramer, who recently announced she would leave her post, said that one of the goals of the project is to set precisely such goals and caseload standards, which can then be adopted by the entire Fulton County bench.
"The problem now is setting up the system so it doesn't happen again," she said. "We want to develop standards relating to case management. We already have standards for fast-track felonies, but it's much more difficult for the complex cases."
Even so, she noted, there are 19—soon to be 20—elected judges on the Superior Court bench, and "as in any legal culture, there will be specific areas of concern," she said.
"And we simply do not have enough judges, DAs or PDs," she said. "It's a good program, but it won't solve the problem. We have 19 judges now; we need 32 just to do the job."
Fulton County Superior Court Chief Judge Cynthia D. Wright said the court has requested $140,000 in additional funds from the county to continue the program. The request was among several from the county's justice system that were removed from the Fulton County Commission's June 2 agenda; according to Fulton County Superior Court spokesman Don Plummer, it will again be on the agenda for the June 16 meeting.
"We continue to explore other possible avenues for continued funding of the backlog," said Wright via an e-mail.
Howard said he, too, is hoping to keep the program alive.
Lengthy delays are "unfair for defendants, and even more unfair for victims," he said.
Tuesday, May 11, 2010
Law Day Benefits Citizens - Like You!
For the past five years as part of the celebration of Law Day, Atlanta Volunteer Lawyers Foundation in conjunction with the Atlanta Bar Association has held a Healthcare Directives fair. The venue is chosen by the Atlanta Bar and AVLF provides the volunteers. Healthcare Directives are provided to the general public and any interested staff members of the chosen venue.
For Law Day 2010 the event was held at the Fulton County Government Center Atrium. Six volunteer attorneys and 14 paralegals executed 49 Healthcare Directives and provided information for 17 potential Wills clients.
Law Day 2010 in Atlanta also included a fun day in Piedmont Park, special programs for Fulton County State and Superior Court jurors, greeters at the Fulton Court Complex, and a reception for the outgoing and incoming Fulton Superior Court Chief Judges.
For more information on the programs and services of the Atlanta Volunteer Lawyers Foundation visit their website at: http://www.avlf.org/.
Upcoming Law Day events include:
May 22
Community Law Clinic
In celebration of Law Day, the Gate City Bar Association will host its first Community Law Clinic 2010 from 10:00 a.m. - 2:00 p.m. at Greenbriar Mall. This clinic will provide an opportunity for lawyers, and other legal professionals, to participate in a hands-on project interfacing with the community. Citizens will have the opportunity to have a one-on-one consultation with an attorney in the following practice areas: Bankruptcy, Foreclosures, Family Law and Criminal Law. Additionally, there will be on-going seminars throughout the day for the public on bankruptcy and foreclosures.
For more information call (404) 419-6627 or www.gatecitybar.org
May 23
2010 Law Day Worship Service
Legal Ministry of Cascade United Methodist Church in partnership with the Gate City Bar Association, Georgia Association of Black Women Attorneys, and Judicial Section of the Gate City Bar Association, Sunday, May 23, 2010, 11:00 am, Cascade United Methodist Church, 3144 Cascade Road, SW, Atlanta, GA 30311. Speaker: The Hon. Paul L. Howard, Jr., Fulton County District Attorney. Free and open to the public.
For Law Day 2010 the event was held at the Fulton County Government Center Atrium. Six volunteer attorneys and 14 paralegals executed 49 Healthcare Directives and provided information for 17 potential Wills clients.Law Day 2010 in Atlanta also included a fun day in Piedmont Park, special programs for Fulton County State and Superior Court jurors, greeters at the Fulton Court Complex, and a reception for the outgoing and incoming Fulton Superior Court Chief Judges.
For more information on the programs and services of the Atlanta Volunteer Lawyers Foundation visit their website at: http://www.avlf.org/.
Upcoming Law Day events include:
May 22
Community Law Clinic
In celebration of Law Day, the Gate City Bar Association will host its first Community Law Clinic 2010 from 10:00 a.m. - 2:00 p.m. at Greenbriar Mall. This clinic will provide an opportunity for lawyers, and other legal professionals, to participate in a hands-on project interfacing with the community. Citizens will have the opportunity to have a one-on-one consultation with an attorney in the following practice areas: Bankruptcy, Foreclosures, Family Law and Criminal Law. Additionally, there will be on-going seminars throughout the day for the public on bankruptcy and foreclosures.
For more information call (404) 419-6627 or www.gatecitybar.org
May 23
2010 Law Day Worship Service
Legal Ministry of Cascade United Methodist Church in partnership with the Gate City Bar Association, Georgia Association of Black Women Attorneys, and Judicial Section of the Gate City Bar Association, Sunday, May 23, 2010, 11:00 am, Cascade United Methodist Church, 3144 Cascade Road, SW, Atlanta, GA 30311. Speaker: The Hon. Paul L. Howard, Jr., Fulton County District Attorney. Free and open to the public.
Wednesday, May 5, 2010
Fulton Superior Court Administrator Resigns
ATLANTA – Judith A. Cramer announced her resignation as administrator of the Superior Court of Fulton County. Ms. Cramer, who has held the position since 1997, said Wednesday that she will remain as administrator until a successor is named.
Ms. Cramer’s announcement came the same day that the Fulton County Board of Commissioners voted for a new unified justice system computer system, a project that Ms. Cramer and other court officials had sought for most of the past decade.
The decision to leave, however, had been in the making for some time, Ms. Cramer said.
“This is a decision that I had been struggling with for nearly a year,” Ms. Cramer said. Ms. Cramer, who last year earned a Master of Divinity degree from United Theological Seminary, said she will be seeking a position as a pastor in the United Methodist Church.
Chief Superior Court Judge Cynthia D. Wright praised Ms. Cramer’s devotion to the Court.
“Judy has invested countless hours to help this Court create new programs and obtain the technology necessary to serve our citizens,” Chief Judge Wright said. “I am particularly happy that one of the initiatives she has labored for over the last 10 years is now just a few steps away from becoming a reality after today’s Board of Commissioners’ vote.”
“We wish Ms. Cramer success in her new ventures and thank her from the bottom of our hearts for her tireless efforts,” Chief Judge Wright said.
Ms. Cramer began her court career at the local Common Pleas Court in Montgomery County, Ohio, where she was asked to develop and direct a 12-County correctional institution for adult male and felony offenders. In 1982, she became the Court Administrator for the Montgomery County Court of Common Pleas where she served until 1993. After operating a successful Weed and Seed crime reduction program in Tampa, Fl., Ms. Cramer joined the Fulton Superior Court as court administrator in 1997.
Ms. Cramer was instrumental in establishing and managing a number of innovative programs at the Fulton Superior Court that streamline and enhance the administration of criminal and civil cases.
The court was the first in Georgia to have fulltime Family Court judges who hear divorces and other family law matters so they are not delayed by criminal cases. The Court also operates Georgia’s largest and most ambitious Drug and Mental Health Court programs which greatly reduce the incident of repeat crimes by defendants.
The Fulton Superior Court Business Division, which was recognized in 2009 as the most innovative business court in the nation by the National Association of County Executives, is credited with enhancing Atlanta’s position as a business hub in the Southeast.
Ms. Cramer’s announcement came the same day that the Fulton County Board of Commissioners voted for a new unified justice system computer system, a project that Ms. Cramer and other court officials had sought for most of the past decade.
The decision to leave, however, had been in the making for some time, Ms. Cramer said.
“This is a decision that I had been struggling with for nearly a year,” Ms. Cramer said. Ms. Cramer, who last year earned a Master of Divinity degree from United Theological Seminary, said she will be seeking a position as a pastor in the United Methodist Church.
Chief Superior Court Judge Cynthia D. Wright praised Ms. Cramer’s devotion to the Court.
“Judy has invested countless hours to help this Court create new programs and obtain the technology necessary to serve our citizens,” Chief Judge Wright said. “I am particularly happy that one of the initiatives she has labored for over the last 10 years is now just a few steps away from becoming a reality after today’s Board of Commissioners’ vote.”
“We wish Ms. Cramer success in her new ventures and thank her from the bottom of our hearts for her tireless efforts,” Chief Judge Wright said.
Ms. Cramer began her court career at the local Common Pleas Court in Montgomery County, Ohio, where she was asked to develop and direct a 12-County correctional institution for adult male and felony offenders. In 1982, she became the Court Administrator for the Montgomery County Court of Common Pleas where she served until 1993. After operating a successful Weed and Seed crime reduction program in Tampa, Fl., Ms. Cramer joined the Fulton Superior Court as court administrator in 1997.
Ms. Cramer was instrumental in establishing and managing a number of innovative programs at the Fulton Superior Court that streamline and enhance the administration of criminal and civil cases.
The court was the first in Georgia to have fulltime Family Court judges who hear divorces and other family law matters so they are not delayed by criminal cases. The Court also operates Georgia’s largest and most ambitious Drug and Mental Health Court programs which greatly reduce the incident of repeat crimes by defendants.
The Fulton Superior Court Business Division, which was recognized in 2009 as the most innovative business court in the nation by the National Association of County Executives, is credited with enhancing Atlanta’s position as a business hub in the Southeast.
###
Tuesday, April 13, 2010
Judge Wright recognized for Dispute Resolution efforts
Supreme Court Justice Hugh P. Thompson presented Judge Wright the Resolution at her final Commission meeting on April 8.
Judge Wright, who becomes Chief Judge of the Atlanta Judicial Circuit as of May 1, 2010, was appointed by the Supreme Court in 2004 to serve a six-year term on the Commission.
She served as Chair of the Commission’s Committee on Ethics from 2006 to 2009 and was Chair of the Commission’s Committee on Budget and Personnel from 2009 to 2010, where she fought for the fiscal future of the Commission and the Office of Dispute Resolution through the most difficult budgetary times it has faced in its 17- year history.
Judge Wright has been a steadfast champion of a court-connected alternative dispute resolution system that offers litigants effective, low-cost alternatives to litigation and that helps fulfill a Constitutional mandate to “provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions,” according to the resolution by the Justices of the Supreme Court of Georgia.
Judge Wright was appointed to the Atlanta Judicial Circuit by Governor Zell Miller in 1996, and was most recently reelected in 2006. Since 1998 she has served almost exclusively in the Family Division of the Fulton County Superior Court. She has also served as judge of the State Court of Fulton County.
Judge Wright graduated magna cum laude from Macon’s Wesleyan College in 1974 and earned her J.D. from the University of Georgia School of Law in 1977. She served as assistant legal counsel to Governor George Busbee from1978 to 1980. After private practice, she served as chief legal counsel to Governor Zell Miller from 1991 to 1995, during which time she authored the legislation and constitutional amendment that established the Lottery for Education.
Lawdragon, a guide to the nation’s best lawyers and judges, selected Judge Wright as one of the 500 Leading Judges in America. In 2000 the Family Law Section of State Bar of Georgia awarded Judge Wright the Joseph T. Tuggle, Jr. Professionalism Award. In 2006 the Family Law Section also presented her the Jack P. Turner Award for her outstanding contributions and achievement in family law in Georgia. The Atlanta Family Law Bar most recently honored her for her tenure in the Family Division.
Among her many community activities, Judge Wright serves on the board of the Atlanta Volunteer Lawyers Foundation, and she is a frequent lecturer at family and other continuing legal and judicial education seminars. She has served as an adjunct professor at Emory University and is herself a student at the University of the South working toward her second Education for Ministry Diploma.
Georgia Commission on Dispute Resolution
The Commission on Dispute Resolution is the sole state authority that oversees the quality and quantity of alternative dispute resolution (ADR) services such as mediation and arbitration offered through the courts. The primary goals of the Commission are to save taxpayers money by reducing the need for more judges and more courtrooms; to enable the efficient use of judicial resources by reducing the need for trials; and to offer litigants inexpensive and productive alternatives to trying their cases before juries and judges.
Working through its staff in the Georgia Office of Dispute Resolution, the Commission regulates a court ADR system has grown from three counties in 1992 to 121 counties today. Since 1997, 137,000 court cases have settled through ADR. In FY08 alone, an estimated 20,000 cases were settled through court ADR, at a taxpayer savings of more than $6.4 million a year in salaries for the 17 judges and their staffs that would otherwise be needed to handle those cases.
The Commission comprises 16 judges, attorneys, and dispute resolution professionals who serve without compensation.
After Judge Wright’s departure, the current Commission members are:
Edith Primm, Esq., (Chair), Justice Center of Atlanta;
Justice Hugh P. Thompson, Georgia Supreme Court;
Judge Charles E. Auslander III, Magistrate Court of Athens/Clarke County;
Judge Debra Bernes, Georgia Court of Appeals;
Laurence L. Christensen, Esq., Georgia Mediation Services, Marietta;
Judge Edward E. Carriere, DeKalb County State Court, Decatur;
Bryan Cavan, Esq., State Bar of Georgia, Miller & Martin, PLLC, Atlanta;
Wade H. Coleman, Esq., Coleman Talley, LLP, Valdosta;
Sen. William S. Cowsert, Esq., Cowsert & Avery, Athens;
Judge C. Andrew Fuller, Northeastern Judicial Circuit, Gainesville;
Alan Granath, mediator, Atlanta;
Melissa C. Heard, mediator, trainer, Dallas, Ga.;
Dale Hetzler, Esq., Erlanger Health System, Chattanooga, Tenn.;
Martha Kitchens, mediator, Douglasville;
Judge J. Carlisle Overstreet, Augusta Judicial Circuit, Augusta
Monday, February 22, 2010
No program reductions despite $1 million cut
The judges of the Superior Court of Fulton County have approved a final budget for 2010 that is $984,090 less than 2009 expenditures. The $24.3 million 2010 Superior Court budget does not include reductions in Court progerams, nor staff layoffs, said Court Administrator Judy Cramer.
"We will be tightening our belts throughout the courthouse," Ms. Cramer said. "But due to the excellent work of our business office we will not lose any employees."
Among the cost-saving measures employed to reduce this year's budget are not filling open positions and postponing the hiring of the support staff for the Court's 20th judge named in November by Gov. Perdue. Other savings in operating costs include savings on postage for juror summons, calling fewer prospective jurors, and tighter purchasing controls.
But the most important actions were those taken to avoid massive cuts that threatened to cripple the county's judicial system.
In November Fulton County officials notified the Superior Court that its 2010 budget would be reduced by $5.2 million from the 2009 budget of $24.5 million. Chief Judge Doris L. Downs said such a drastic cut would threaten public safety.
Her warning, echoed by Fulton District Attorney Paul Howard and other elected judicial officials, set off a public outcry aganst such cuts at subsequent Fulton Commission meetings that steadily mounted until Jan. 20 when Fulton Commissioners approved a Court budget that is approximately $1 million less than the prior year.
"While we were cut almost $1 million from last year after having five positions eliminated at mid-year 2009, we have adjusted and will continue to provide good public service," Cramer said in announcing the cuts to staff.
"Thanks to all of you for your patience and support during the period of budget uncertainty we experienced in 2009."
"We will be tightening our belts throughout the courthouse," Ms. Cramer said. "But due to the excellent work of our business office we will not lose any employees."
Among the cost-saving measures employed to reduce this year's budget are not filling open positions and postponing the hiring of the support staff for the Court's 20th judge named in November by Gov. Perdue. Other savings in operating costs include savings on postage for juror summons, calling fewer prospective jurors, and tighter purchasing controls.
But the most important actions were those taken to avoid massive cuts that threatened to cripple the county's judicial system.
In November Fulton County officials notified the Superior Court that its 2010 budget would be reduced by $5.2 million from the 2009 budget of $24.5 million. Chief Judge Doris L. Downs said such a drastic cut would threaten public safety.
Her warning, echoed by Fulton District Attorney Paul Howard and other elected judicial officials, set off a public outcry aganst such cuts at subsequent Fulton Commission meetings that steadily mounted until Jan. 20 when Fulton Commissioners approved a Court budget that is approximately $1 million less than the prior year.
"While we were cut almost $1 million from last year after having five positions eliminated at mid-year 2009, we have adjusted and will continue to provide good public service," Cramer said in announcing the cuts to staff.
"Thanks to all of you for your patience and support during the period of budget uncertainty we experienced in 2009."
Thursday, February 18, 2010
Thank You!
Thank you to the hundreds who signed the Court’s petition to save the Fulton Justice System and to those who stood before the Fulton County Commission to urge full funding of vital public safety and judicial services.
On Wednesday Jan. 20, 2010 Fulton Commissioners reinstated $1.3 million to Justice System agencies and court programs.
Among the funds restored to the 2010 budget on Wednesday is $150,000.00 for Drug Court, $800,000.00 to Pretrial Services for State and Superior Courts and $426,000.00 for the Circuit Public Defender’s office.
While there are cuts to the 2010 Justice System budget they are much less than what they would have if each of you had not added your voice to those who stood up for programs that make Fulton a safer county.
Doris L. Downs
Chief Judge
Superior Court of Fulton County
On Wednesday Jan. 20, 2010 Fulton Commissioners reinstated $1.3 million to Justice System agencies and court programs.
Among the funds restored to the 2010 budget on Wednesday is $150,000.00 for Drug Court, $800,000.00 to Pretrial Services for State and Superior Courts and $426,000.00 for the Circuit Public Defender’s office.
While there are cuts to the 2010 Justice System budget they are much less than what they would have if each of you had not added your voice to those who stood up for programs that make Fulton a safer county.
Doris L. Downs
Chief Judge
Superior Court of Fulton County
Tuesday, January 5, 2010
Fulton County budget cuts may add to county expenses
Fulton County Commissioners on Wednesday are set to adopt a budget for 2010 that may cut cost-saving programs that will add to overall expenses for the county, according to Fulton’s Chief Judge.
A 10 percent across-the-board cut on top of a 4 percent employee pay decrease tentatively approved by Commissioner in December will force reductions or elimination of diversion programs that will funnel more than 1,000 defendants back into the county’s already overcrowded jail, said Chief Fulton Superior Court Judge Doris L. Downs.
“If we must eliminate or drastically reduce our Drug and Mental Health Courts and our supervised pretrial release programs we cannot allow the defendants in these programs to remain on the street unsupervised,” Downs said Monday during a meeting of program administrators. Up to 30 Superior Court employees could be fired to meet the county goal, she said. Other equally large numbers of employees could be fired from the District Attorney, Public Defender and Clerk of Court.
Upwards of 1700 defendants are currently supervised by these programs at a drastically lower cost per day than incarceration in the county jail. For example, defendants on supervised pretrial release cost the county $5 a day. Drug and Mental Health Court defendants are supervised for $23 a day. Jailing inmates costs a minimum of $72 a day.
Superior Court Administrator Judy Cramer said every cost saving effort has already been taken and all that’s left to cut are jobs.
“Wednesday is the last chance for the Commission to take into account the true impact of cuts of this magnitude,” Cramer said. Layoff letters are being readied in case the Commission holds fast to the 10-percent cuts. “We must deliver the letters by Monday in order for our employees to have time to explore other positions within the county and receive assistance from human resources with filing for unemployment and other benefits,” she said.
Downs and Cramer have met with individual commissioners and county executives and laid out an alternative plan that would cut the jail population in half by July, but that plan requires funding the judicial system at its current level. The extra personnel to process additional cases would be paid for by an existing federal stimulus grant received by the court last year, Downs said.
Keep up to date on official Fulton Superior Court news at: http://fultoncourtinfo.blogspot.com/
A 10 percent across-the-board cut on top of a 4 percent employee pay decrease tentatively approved by Commissioner in December will force reductions or elimination of diversion programs that will funnel more than 1,000 defendants back into the county’s already overcrowded jail, said Chief Fulton Superior Court Judge Doris L. Downs.
“If we must eliminate or drastically reduce our Drug and Mental Health Courts and our supervised pretrial release programs we cannot allow the defendants in these programs to remain on the street unsupervised,” Downs said Monday during a meeting of program administrators. Up to 30 Superior Court employees could be fired to meet the county goal, she said. Other equally large numbers of employees could be fired from the District Attorney, Public Defender and Clerk of Court.
Upwards of 1700 defendants are currently supervised by these programs at a drastically lower cost per day than incarceration in the county jail. For example, defendants on supervised pretrial release cost the county $5 a day. Drug and Mental Health Court defendants are supervised for $23 a day. Jailing inmates costs a minimum of $72 a day.
Superior Court Administrator Judy Cramer said every cost saving effort has already been taken and all that’s left to cut are jobs.
“Wednesday is the last chance for the Commission to take into account the true impact of cuts of this magnitude,” Cramer said. Layoff letters are being readied in case the Commission holds fast to the 10-percent cuts. “We must deliver the letters by Monday in order for our employees to have time to explore other positions within the county and receive assistance from human resources with filing for unemployment and other benefits,” she said.
Downs and Cramer have met with individual commissioners and county executives and laid out an alternative plan that would cut the jail population in half by July, but that plan requires funding the judicial system at its current level. The extra personnel to process additional cases would be paid for by an existing federal stimulus grant received by the court last year, Downs said.
###
Keep up to date on official Fulton Superior Court news at: http://fultoncourtinfo.blogspot.com/
Tuesday, December 15, 2009
Justice Plan Would Slash Jail Population
Faster Case Processing Key to 54 Percent Reduction
ATLANTA – The Chief Judge of the Atlanta Judicial Circuit has proposed that Fulton County Commissioners approve a cost-saving plan that would greatly reduce the population of the overcrowded Fulton County Jail.
“Our strategy is to dramatically reduce the jail population from 2606 (outsourcing and main jail population) to 1200 by July 1st of 2010,” Chief Superior Court Judge Doris L. Downs wrote in an email sent Tuesday to Fulton Commissioners.
The Fulton County Jail, which is under federal court order to reduce the jail’s population to some 2200, is the largest single item in the Fulton County Justice System budget. Each day an inmate is held at the jail costs the county a minimum of $72. The county also must pay to house excess inmates above the court-ordered maximum in other Georgia jails.
Fulton justice system officials were notified on Nov. 18 that their portion of the county’s 2010 budget, which begins Jan. 1, would have to be cut by 25 percent or some $55 million. Chief Judge Downs and Fulton County District Attorney Paul L Howard Jr. and other justice system officials responded by saying that absorbing cuts of that magnitude would devastate each agency individually and have unacceptable systemic repercussions.
On Dec. 9, County budget officials returned with a proposal that the criminal justice system be cut by 11.7% or $25.4 million. Meeting almost daily since then justice system officials fashioned a plan that Judge Downs said will meet the county’s goal, if the justice system is allowed to retain current funding levels.
“We are proposing expediting the processing of the criminal cases in the next 6 months so that the jail population is reduced to 1200 inmates by July 1st of 2010. We believe that this goal is attainable but only if we are able to retain our employees and re-engineer the way we work together,” she wrote. “In short, we are prepared to run a marathon to achieve the savings needed through the jail budget. This is the only way we see to achieve savings without crippling our justice system. We cannot run the marathon without our legs---our employees!”
Fulton Commissioners are expected to consider the justice system proposal at a 10 a.m. Wednesday meeting.
Following is the full text of Chief Judge Down’s letter to Commissioners and the justice system’s jail reduction strategy:
As the Administrative Judge of this State's Fifth Judicial District as well as the Chief Judge of the Atlanta Judicial Circuit, I am proposing on behalf of the Fulton County Justice System that we be allowed to present a plan for achieving the budget cuts required of our justice system. Our plan is attached. Our strategy is to dramatically reduce the jail population from 2606 (outsourcing and main jail population) to 1200 by July 1st of 2010.
We are aware that Fulton County is facing a serious budget shortfall. At present, it is my understanding that all County budgets are facing a cut of approximately 1.7% consisting of the unpaid holidays for all employees in 2010. At present, the justice system partners have been asked to cut an additional 10% from their budgets.
The Clerk of the Superior Court will have to eliminate 33 temporary positions and 18 permanent positions ($1.5 million). The District Attorney will have to eliminate 20 temporary positions and 30 permanent positions OR take 48 furlough days (one day each week) which amounts to a 25% pay cut for all DA employees. ($2.2 million) The Public Defender will have to eliminate 15 positions ($1.57 million).The Superior Court will have to eliminate at least 15 employees and as of yet an undetermined number of additional layoffs. We will lose employees in programs that save the county money such as Pretrial, Drug Court, Mental Health Court ($2.475 million).
As you are aware each of the justice agencies are closely connected in that an impact on any one of our budgets impacts our ability as a whole to move the business. We are truly all part of the same pipeline with no control over the numbers of cases coming in. If the 10 percent cuts are taken from each budget in January of 2010, our ability to process the criminal, domestic and civil cases will be significantly affected. This will no doubt result in a sharp increase in the jail population and a sharp increase in costs to the taxpayer. This will certainly not achieve the savings that are needed in the coming year's budget.
We have been meeting non-stop since we learned of the budget shortfall in order to present a plan that will save the county significant money without dismantling our justice system. We are proposing expediting the processing of the criminal cases in the next 6 months so that the jail population is reduced to 1200 inmates by July 1st of 2010. We believe that this goal is attainable but only if we are able to retain our employees and re-engineer the way we work together. If we are forced to eliminate critical employees, the cost to the County will increase with the resulting increase in the jail population.
In short, we are prepared to run a marathon to achieve the savings needed through the jail budget. This is the only way we see to achieve savings without crippling our justice system. We cannot run the marathon without our legs---our employees! Please carefully consider our proposal. We are continuing to meet to improve the proposal. All of us are available if you should have any questions.
The Fulton County Jail, when built, was widely criticized as being too small for the Fulton County criminal population.
Overcrowding at the jail has led to several lawsuits including the current consent decree.
The inability of the system to dispose of cases has exacerbated the jail overcrowding problem.
The Justice Management Institute, a leading criminal justice system consultant, identified as one of the key elements to lasting system improvement, the need to set goals regarding the Fulton County jail population and composition.
On November 18, 2009, the Fulton County Budget Commission announced that for FY2010 it was expected that current expenditures would drastically exceed expected revenue (-$146 million) requiring an across-the-board 25% reduction in county budgets.
Collectively, the Criminal Justice System was asked to reduce budgetary expenditures by $55 million — translating to 980 positions.
Absorbing cuts of this magnitude would devastate each department individually and have systemic repercussions.
Through exploring other cost-saving mechanisms, the Budget Commission announced on December 9, 2009, the criminal justice system portion of budget reductions would amount to 11.7% or $25.4 million.
This current financial crisis has inspired a willingness among all Fulton County criminal justice agencies to identify systemic ways to save money without adversely impacting individual departments and the criminal justice system.
What follows are the Fulton County Criminal Justice System cost-saving recommendations and strategies.
Remove inmates convicted of state crimes from the Fulton County Jail after a maximum period of ten (10) days.
Eliminate the outsourcing of inmates by February 1, 2010 (savings of $8 million).
Establish jail case processing standards such that each category of inmate has a time frame for housing which cannot be exceeded (see Case Processing Standards).
Implement a Temporary Emergency Court to reduce the jail population by 1,300 inmates by July 1, 2010 (savings of $15 million through food/health contracts and the elimination of vacant positions).
Support the acquisition of the City of Atlanta Jail so that the facility can be used as the initial screening location for defendants and a portion of the facility can be used to create a restitution center where all low-risk Fulton County Jail inmates could be transferred.
Establish a multi-departmental jail reduction team to work with the Sheriff’s staff to monitor the jail population on a daily basis in order to maintain the jail population at 1,200 inmates.
Failure to reduce the jail population as outlined will result in a 10% across-the-board budget reduction for all Fulton County criminal justice agencies beginning July 1, 2010.
Death penalty – 2 years
Maximum Complex Felony Cases – 365 days
Medium Complex Felony Cases – 280 days
Mildly Complex Felony Cases – 120 days
Non Complex Felony Cases – 60 days
Misdemeanor Maximum Complex Violent Cases – 60 days
Misdemeanor Medium Complex Cases – 30 days
All other Misdemeanor cases – 48 hours
Doris (Dee) Downs
Chief Judge, Superior Court
Ted Jackson
Sheriff, Fulton County
Cathelene “Tina” Robinson
Clerk, Superior Court
Paul L. Howard, Jr.
District Attorney
Vernon Pitts
Public Defender
Albert Thompson
Chief Judge, State Court
ATLANTA – The Chief Judge of the Atlanta Judicial Circuit has proposed that Fulton County Commissioners approve a cost-saving plan that would greatly reduce the population of the overcrowded Fulton County Jail.
“Our strategy is to dramatically reduce the jail population from 2606 (outsourcing and main jail population) to 1200 by July 1st of 2010,” Chief Superior Court Judge Doris L. Downs wrote in an email sent Tuesday to Fulton Commissioners.
The Fulton County Jail, which is under federal court order to reduce the jail’s population to some 2200, is the largest single item in the Fulton County Justice System budget. Each day an inmate is held at the jail costs the county a minimum of $72. The county also must pay to house excess inmates above the court-ordered maximum in other Georgia jails.
Fulton justice system officials were notified on Nov. 18 that their portion of the county’s 2010 budget, which begins Jan. 1, would have to be cut by 25 percent or some $55 million. Chief Judge Downs and Fulton County District Attorney Paul L Howard Jr. and other justice system officials responded by saying that absorbing cuts of that magnitude would devastate each agency individually and have unacceptable systemic repercussions.
On Dec. 9, County budget officials returned with a proposal that the criminal justice system be cut by 11.7% or $25.4 million. Meeting almost daily since then justice system officials fashioned a plan that Judge Downs said will meet the county’s goal, if the justice system is allowed to retain current funding levels.
“We are proposing expediting the processing of the criminal cases in the next 6 months so that the jail population is reduced to 1200 inmates by July 1st of 2010. We believe that this goal is attainable but only if we are able to retain our employees and re-engineer the way we work together,” she wrote. “In short, we are prepared to run a marathon to achieve the savings needed through the jail budget. This is the only way we see to achieve savings without crippling our justice system. We cannot run the marathon without our legs---our employees!”
Fulton Commissioners are expected to consider the justice system proposal at a 10 a.m. Wednesday meeting.
Following is the full text of Chief Judge Down’s letter to Commissioners and the justice system’s jail reduction strategy:
As the Administrative Judge of this State's Fifth Judicial District as well as the Chief Judge of the Atlanta Judicial Circuit, I am proposing on behalf of the Fulton County Justice System that we be allowed to present a plan for achieving the budget cuts required of our justice system. Our plan is attached. Our strategy is to dramatically reduce the jail population from 2606 (outsourcing and main jail population) to 1200 by July 1st of 2010.
We are aware that Fulton County is facing a serious budget shortfall. At present, it is my understanding that all County budgets are facing a cut of approximately 1.7% consisting of the unpaid holidays for all employees in 2010. At present, the justice system partners have been asked to cut an additional 10% from their budgets.
The Clerk of the Superior Court will have to eliminate 33 temporary positions and 18 permanent positions ($1.5 million). The District Attorney will have to eliminate 20 temporary positions and 30 permanent positions OR take 48 furlough days (one day each week) which amounts to a 25% pay cut for all DA employees. ($2.2 million) The Public Defender will have to eliminate 15 positions ($1.57 million).The Superior Court will have to eliminate at least 15 employees and as of yet an undetermined number of additional layoffs. We will lose employees in programs that save the county money such as Pretrial, Drug Court, Mental Health Court ($2.475 million).
As you are aware each of the justice agencies are closely connected in that an impact on any one of our budgets impacts our ability as a whole to move the business. We are truly all part of the same pipeline with no control over the numbers of cases coming in. If the 10 percent cuts are taken from each budget in January of 2010, our ability to process the criminal, domestic and civil cases will be significantly affected. This will no doubt result in a sharp increase in the jail population and a sharp increase in costs to the taxpayer. This will certainly not achieve the savings that are needed in the coming year's budget.
We have been meeting non-stop since we learned of the budget shortfall in order to present a plan that will save the county significant money without dismantling our justice system. We are proposing expediting the processing of the criminal cases in the next 6 months so that the jail population is reduced to 1200 inmates by July 1st of 2010. We believe that this goal is attainable but only if we are able to retain our employees and re-engineer the way we work together. If we are forced to eliminate critical employees, the cost to the County will increase with the resulting increase in the jail population.
In short, we are prepared to run a marathon to achieve the savings needed through the jail budget. This is the only way we see to achieve savings without crippling our justice system. We cannot run the marathon without our legs---our employees! Please carefully consider our proposal. We are continuing to meet to improve the proposal. All of us are available if you should have any questions.
Jail Reduction Strategy Guiding Principles
The Fulton County Jail, when built, was widely criticized as being too small for the Fulton County criminal population.
Overcrowding at the jail has led to several lawsuits including the current consent decree.
The inability of the system to dispose of cases has exacerbated the jail overcrowding problem.
The Justice Management Institute, a leading criminal justice system consultant, identified as one of the key elements to lasting system improvement, the need to set goals regarding the Fulton County jail population and composition.
On November 18, 2009, the Fulton County Budget Commission announced that for FY2010 it was expected that current expenditures would drastically exceed expected revenue (-$146 million) requiring an across-the-board 25% reduction in county budgets.
Collectively, the Criminal Justice System was asked to reduce budgetary expenditures by $55 million — translating to 980 positions.
Absorbing cuts of this magnitude would devastate each department individually and have systemic repercussions.
Through exploring other cost-saving mechanisms, the Budget Commission announced on December 9, 2009, the criminal justice system portion of budget reductions would amount to 11.7% or $25.4 million.
This current financial crisis has inspired a willingness among all Fulton County criminal justice agencies to identify systemic ways to save money without adversely impacting individual departments and the criminal justice system.
What follows are the Fulton County Criminal Justice System cost-saving recommendations and strategies.
Jail Reduction Strategy
Remove inmates convicted of state crimes from the Fulton County Jail after a maximum period of ten (10) days.
Eliminate the outsourcing of inmates by February 1, 2010 (savings of $8 million).
Establish jail case processing standards such that each category of inmate has a time frame for housing which cannot be exceeded (see Case Processing Standards).
Implement a Temporary Emergency Court to reduce the jail population by 1,300 inmates by July 1, 2010 (savings of $15 million through food/health contracts and the elimination of vacant positions).
Support the acquisition of the City of Atlanta Jail so that the facility can be used as the initial screening location for defendants and a portion of the facility can be used to create a restitution center where all low-risk Fulton County Jail inmates could be transferred.
Establish a multi-departmental jail reduction team to work with the Sheriff’s staff to monitor the jail population on a daily basis in order to maintain the jail population at 1,200 inmates.
Failure to reduce the jail population as outlined will result in a 10% across-the-board budget reduction for all Fulton County criminal justice agencies beginning July 1, 2010.
Jail Case Processing Standards
Death penalty – 2 years
Maximum Complex Felony Cases – 365 days
Medium Complex Felony Cases – 280 days
Mildly Complex Felony Cases – 120 days
Non Complex Felony Cases – 60 days
Misdemeanor Maximum Complex Violent Cases – 60 days
Misdemeanor Medium Complex Cases – 30 days
All other Misdemeanor cases – 48 hours
Fulton County Criminal Justice Agencies
Doris (Dee) Downs
Chief Judge, Superior Court
Ted Jackson
Sheriff, Fulton County
Cathelene “Tina” Robinson
Clerk, Superior Court
Paul L. Howard, Jr.
District Attorney
Vernon Pitts
Public Defender
Albert Thompson
Chief Judge, State Court
###
Monday, November 23, 2009
Fulton Superior Court Elects Chief Judge
Judge Cynthia D. Wright has been elected Chief Judge of the Superior Court of Fulton County. She will assume office in May 2010 following a transition period during which she will work closely with current Chief Judge Doris L. Downs.
Judge Wright has been a Superior Court Judge since 1996. She is currently one of three Family Court judges who hear all domestic litigation filed in Fulton Superior Court, Georgia’s largest trial court.
Judge Wright said her priorities as Chief Judge will include working with the Fulton Board of Commissioners and the State Legislature “as we address the pressing fiscal needs of the County and the State and to develop a better working relationship with all of our Fulton Justice System Partners.”
“If we join hands with each other we can’t point fingers,” Judge Wright said.
The Fulton Superior Court’s Chief Judge chairs meetings of the Court’s judges and is in charge of all administrative functions. The Chief Judge also represents the Court on the 24-member Judicial Council of Georgia, the state-level judicial agency charged with developing policies for administering and improving the courts.
Lawdragon, a guide to the nation’s best lawyers and judges, selected Judge Wright as one of the 500 Leading Judges in America. The Family Law Section of the State Bar of Georgia presented the 2006 Jack P. Turner Award to Judge Wright for her outstanding contributions and achievement in family law in Georgia. In 2000, Judge Wright also received the Joseph T. Tuggle, Jr. Professionalism Award from the Family Law Section of the State Bar Association of Georgia.
She is Budget Chair and Ethics Chair of the Georgia Commission on Dispute Resolution, a board member of the Atlanta Volunteer Lawyers Foundation and a former Board Member of the Georgia Women of Achievement.
Judge Wright was appointed to her position on the Fulton Superior Court by then Governor Zell Miller on November 1, 1996. She has since been elected to three terms without opposition. Prior to assuming her current judgeship, she served as a Judge of the State Court of Fulton County.
She also served as chief legal counsel to Governor Zell Miller for his first term (1991-1995). During that period of time, she authored the legislation and constitutional amendment which established the Lottery for Education. Prior to working with Governor Miller, earlier in her career, she was assistant legal counsel to Governor George Busbee (1978-1980).
Judge Wright’s private practice of law included work as an associate with the law firm of Troutman Sanders and as a partner in the law firm of Corlew, Smith and Wright. Judge Wright also served as corporate counsel to the Georgia Housing and Finance Authority. Upon first graduating from law school, Judge Wright served as a research associate with the University of Georgia’s Carl Vinson Institute of Government. As a law student, Judge Wright pursued her interest in politics, public policy and law by interning with U.S. Senator Sam Nunn.
Judge Wright graduated magna cum laude from Wesleyan College, Macon, Georgia in 1974 and received her juris doctorate in law from the University of Georgia in 1977.
The Fulton Superior Court serves the county’s almost 1 million residents. It comprises both the Atlanta Judicial Circuit and the 5th Judicial District, Georgia’s only single-county Judicial Circuit and District.
Fulton Superior Court's 19 Judges hear administrative appeals and preside over civil, major criminal and domestic relations cases. And, because Fulton County includes the state’s capitol of Atlanta, by law the Court hears all lawsuits filed against state government.
To meet the challenges of these special circumstances the Fulton Superior Court has created a variety of innovative programs and services to provide meaningful access to justice for all. Other programs innovated by the Fulton Superior Court are one-jury or one-day juror service and specialized courts including Family Court, Business Court and Drug Court.
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