IN THE PROFESSION before the Nathan Deal Judicial Center opened , even the Georgia Supreme Court found itself looking for a place to do business . The nascent court called its first session to order in the food hall of the Claiborne Hotel in Talbotton , Georgia . Georgia courts and lawyers are still grappling with different versions of these same issues . Questions about whether and how much to virtualize court proceedings , while preserving the benefits of tried-andtrue methods are simultaneously fresh and classic .
Our state ’ s laboratories of jurisprudence retain some discretion over how and where to hold court . See , e . g ., H . B . 635 , 2021 Ga . Laws 202 . The state ’ s appellate courts continue to hold their traditional “ appeals on wheels ” special sessions around the state with livestreaming options . Indeed , with the benefit of experience , no longer confined to a hotel food hall , the Supreme Court of Georgia recently revised Uniform Superior Court Rule 9 to expressly recognize virtual proceedings . Among other things , this rule clarifies for Georgia ’ s state and superior courts that “[ a ] court is open when the public is able to access court when a judge is presiding .” Unif . Sup . Ct . R . 9.2 ( F ). Uniform Magistrate Court Rule 15 and Uniform Probate Court Rule 11 just got a similar update . For good measure , we also have a new rule on the block : Uniform Superior Court Rule 22.1 regarding use of audiovisual media in trials .
Fortunately , the DeKalb County courthouse at Decatur Square is now fully open to the public . Attorneys are back to making their cases in front of juries . Many things are happening in person , but virtualization remains a part of machinery . In our state court division , the jail calendar still proceeds virtually , streamed live on YouTube , while judges are seated in the courtroom . Status hearings or pretrial conferences might also be taken online , but evidentiary hearings often stay in-person . The courts and their staff have some choice now . If you will indulge this country boy ’ s turn of phrase , we have some room to “ pick our fixins .” There are of course several ways to round out a dinner plate , if you will .
We have found other ways to utilize remote and virtual access . Most of us have “ remoted into ” lectures to preserve our good standing with the State Ba or conduct meetings on-line . As with anything , the success of these functions depends on how effective organizers and participants are in commanding the format . One example of this type of success was the Institute for Continuing Judicial Education ’ s ( ICJE ) 2023 Georgia Judicial Staff Attorney Conference .
In August , ICJE served up relevant inperson presentations with a side of some virtual , with digital materials included . I am told it was the first full-blown , inperson version of this conference in years . At the urging of my illustrious predecessor , Nicole Spain-Stanton ( Stanton and Worthy LLC ), I signed up to attend . It was just the legal buffet I needed . Not to oversell it , this was the conference equivalent of a meat-nthree with banana pudding on the menu , made the right way . Hosted at the familiar State Bar Center , I experienced community , camaraderie , and institutional knowledge . I got the fundamentals I needed with a little extra to make it memorable .
Barbara Marschalk ( Drew Eckl & Farnham LLP ) and Darren Summerville ( The Summerville Firm LLC ) conducted a fabulous civil law update . Timely reminders from Director Courtney Veal ( Judicial Qualifications Commission ) and her partner in justice , staff attorney Yosra Khalifa ( Judicial Qualifications Commission ), were followed by a plenary luncheon facilitated by Hon . Ana Maria Martinez ( State Court of DeKalb County ). Hon . Martinez , founder of the Georgia Latino Law Foundation and former staff attorney to Hon . Dax Lopez ( DelCampo Grayson Lopez LLC ), engaged us with tested , practical advice . Rocking power sneakers , Hon . Martinez , assisted by her staff attorney Colt Burnett , shared her use of virtual calendars , electronic tracking spreadsheets , prophylactic discoveryspecific provisions in standing orders , and special sets for jury trials to maximize efficiency . Tracy Mason ( Judicial Council of Georgia and the Administrative Office of the Courts ) then meted out a half-time deep dive on legislative acts clearing the goal posts at the Gold Dome in the first half of the 2023-24 session .
Hon . Ben W . Studdard ( Senior Judge of the State Court of Henry County ) brought the dessert . Describing his talk as an update on recent developments in criminal law would not do it justice . We bore witness to a Tony-deserving skit featuring volunteer staff attorneys , a powdered wig , peaked caps , and Batman . Hon . Studdard may have recently retired from the bench , but he clearly has not retired from his passion .
The second day saw us fasten ourselves to one of two tracks — superior court and non-superior court . The former focused on family law , post-conviction proceedings , pro se motions , and adoption law . Presiding was Hon . Connie Williford ( Macon Judicial Circuit Superior Court ), Linda Dunikoski ( Cobb County District Attorney ’ s Office ), Natasha McDonald ( Council of Superior Court Judges ), and adoption law expert Jim Outman ( Hester Outman , LLC ). The non-superior court track zeroed in on civil motions practice and the finer points of driver ’ s license suspension from the perspective of the Department of Driver Services ( DDS ). As one affiliated with the state courts , I followed the latter track , first receiving the wise counsel of Hon . Susan Edlein ( State Court of Fulton County ) and her staff attorney , Lisa K . Liang ( State Court of Fulton County ). Angelique McClendon ( DDS ) then took some extra time in her exposition to introduce the eager among us to a true Jetsons-age development , Georgia ’ s new digital driver ’ s licenses and identification cards .
As fate would have it , the second day ’ s afternoon sessions were adjusted to a virtual posture . The presentations on professionalism by Karlise Grier ( Chief Justice ’ s Commission on Professionalism ), and evidence by Parag Shah ( Shah Law Firm ) would have to be held in abeyance . Luckily , the presentations would be recorded and distributed to attendees virtually . I drove back to the DeKalb County Courthouse that early afternoon satisfied . The learning , the meeting , the greeting , and the eating were good . Virtual learning has its place , but nothing beats an in-person presentation . We are learning to live with both .
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