Showing posts with label Pretrial Release. Show all posts
Showing posts with label Pretrial Release. Show all posts

Monday, January 3, 2011

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

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/.

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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.

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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

Wednesday, January 20, 2010

Judicial Leaders Work Until Last Minute to Save Public Safety Improvements from Fulton Budget Axe

Leaders of the Fulton County Georgia judicial system on Tuesday continued their effort to get county officials to restore $4.2 million cut from the system’s 2010 budget. The cuts include $2.4 million in operating costs and $1.8 million in staff vacancies for the Superior Court, Clerk of Superior Court, District Attorney, Public Defender, State, Probate and Juvenile courts, Solicitor General and Marshal’s office.

If these cuts are restored judicial system leaders told county officials they will be able to:

• Continue the Fast Track felony case management system that has cut the time it takes to complete non-violent property and drug cases to just 45 days.

• Continue the current number of participants in the county’s successful Drug and Mental Health Courts.

• Continue the highly effective, cost-saving pretrial supervision program that gets 97 percent of felony defendants to all court hearings without new charges.

• Continue a new intensive pretrial supervision program that reduced jail expenses by $3.5 million from April through December 2009.

• Prepare for a major anticipated increase in criminal cases from hundreds of new Atlanta Police Officers being hired through a federal COPS Grant.

• Drastically reduce the Fulton Jail population by July 1, 2010.

• Prepare a plan to increase revenues and collections from fines and fees.

• Prepare a plan to consolidate duplicative judicial system offices.

The Fulton justice system cannot control its incoming “inventory” of murder, rape, robbery and burglary cases so justice system leaders must be allowed to continue programs that out-produce the offending population to keep the county safe.

Judicial system leaders are working together to coordinate prevention, protection, restoration, correction and punishment efforts but cuts prevent them from keeping up with incoming cases, much less the increase anticipated from deploying additional Atlanta Police Officers.

Judicial leaders say restoring these funds will produce immediate savings by reducing the number of defendants in the county jail.

Failing to adequately fund the judicial system will swell the county’s jail population, greatly increasing the cost to taxpayers for housing, feeding and caring for pretrial defendants.

Key Points of the Judicial System Plan to enhance public safety and increase access to justice for families, children and businesses.

• Fast Track Felony Case Processing

• Pretrial Release Supervision

• Jail Population Reduction Plan

• Elimination of Duplicated Services

• Increased Fee and Fine Revenue

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.


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Keep up to date on official Fulton Superior Court news at: http://fultoncourtinfo.blogspot.com/

Friday, December 11, 2009

Think This Can't Happen?


The Fulton County Justice System is under enormous stress to process tens of thousands of criminal and civil cases with its current employees and judges.
Criminal prosecutions and civil litigation will be delayed even further if hundreds of Justice System employees and staff are laid off as a result of further budget cuts.
The county’s latest budget proposal calls for 10 percent across the board cuts in addition to prior reductions in state and county support for the Justice System. But that approach just doesn’t add up.

Here are some examples that show reducing or eliminating court programs that safely remove defendants from the overcrowded Fulton Jail will only add to the budget:

Jailing pretrial defendants: Daily Cost - $72 x 1,300 = $93,600.
Supervised pretrial release: Daily Cost - $5 x 1,300 = $  6,500.
Daily saving:                                                          $87,100.

Jailing pretrial defendants: Daily Cost - $72 x 500 =  $36,000.
Drug/Mental Health Court: Daily Cost -  $23 x    500 = $11,500.
Daily saving:                                                           $24,500.

What You Can Do:

Wednesday, April 1, 2009

Court Program to Save Fulton $5.5 Million

A tough new pretrial release supervision program that begins April 1 is expected to save Fulton County taxpayers more than $5.5 million a year in jail costs.

The new Intensive Supervision Program (ISP) which was recently funded by the Fulton County Commission will provide rigorous supervision of defendants who don’t qualify for release under existing criteria.

The Superior Court of Fulton County’s Pretrial Services will operate the new program. Over the past decade the Court’s Pretrial Services program has racked up an impressive record of reducing jail costs while ensuring that more than 95 percent of program defendants show up for all scheduled court hearings.

The new ISP will supervise about 150 additional defendants per month.

Candidates for the program are:

 Youthful defendants charged with non-violent crimes that the Judiciary deem appropriate for release if heightened supervision is available.
 Defendants whose community ties cannot be “verified” or those who have not established a six month residency in the Atlanta metropolitan area
 Defendants, with little or no criminal history, charged with property crimes who do not meet normal pretrial release criteria.
 Defendants referred to the ISP by a judge

ISP release requirements may include:

 In-person office contact twice a week
 Weekly field visits to defendant’s home/employer
 Curfew
 Electronic Monitoring
 Seek full-time employment if not already employed.
 Attend in-house life skills programs or community service programs.
 Be employed or actively seeking employment or school
 Defendants without high school diploma must enter GED program
 Social service agency referrals where appropriate
 Immediate sanctions in response to program infractions

The ISP will immediately notify the Court, District Attorney, and Defense Counsel of any violations of release conditions.