IN THE PROFESSION
COVID-19 , they did not have a paperless system , so they had to implement one quickly to continue the essential functions .
Do you see yourselves shifting to paperless ?
Judge Kimberly Anderson only signs electronic orders .
Judge Barrie says they were heading this way before the pandemic , but the pandemic made the switch more important . If you show up to a clerk with a physical paper , you are escorted to a kiosk to file online . Her pet peeve about Zoom is people get too comfortable since they are not actually in a courtroom . She asks that everyone follow the Zoom rules she sends out , and that attorneys let clients know that it is still a professional environment .
Judge Purdom says court records became electronic five years ago . They went through a process of making Odyssey more user-friendly , which was completed before COVID-19 . As a pointer to attorneys , he prefers to hold non-evidentiary civil motions hearings over Zoom . It is more efficient and keeps the attorneys from quarreling .
Judge Alan Harvey has become an Odyssey expert and conducts everything virtually . The collaboration between courts in DeKalb has been excellent for years and improved during the pandemic . He has heard divorce trials via Zoom and believes he can make just as good of a decision virtually as he can in person .
Jude Polk is a paper addict , but using Odyssey is much easier . Scanning documents in and signing them securely online is the present and future .
Do you send out Zoom rules ? What is included in the rules ? Is it advantageous to appear in person rather than over Zoom ?
Judge Polk primarily deals with pro se parties . The hearing notices include detailed instructions about downloading and using Zoom . Once the parties sign in , she reminds them that they are in a courtroom . She had to learn how to manage a virtual courtroom , which is a different skill set than managing a physical courtroom .
Judge Purdom has heard cases with one party in the courtroom and the other party virtual . He wants to remind parties that physical presence does not give the party an advantage . However , if the party has a lot of exhibits , being in the courtroom may be an advantage simply because it is easier to present exhibits . If arguing a motion in metro-Atlanta , you should always feel comfortable appearing by Zoom .
Judge Kimberly Anderson believes there is a logistical advantage to being in the courtroom . The arguments will not be affected – the law is what it is .
Judge Harvey has been hosting a hybrid courtroom . He believes he gets a good understanding of someone from body language and facial expressions . He focuses on determining the credibility of a witness . He finds it amazing how many people will testify inconsistently .
Judge Purdom thinks it is easy to lie through body language . Body language can be misleading across different cultures . He believes it is better to listen to testimony .
How do you interpret the Standing Order in domestic cases regarding the prohibition around travel with minor children over the holidays ?
For Judge Barrie , it depends on the case . If a party is going out of town for an annual family trip , she typically supports it . However , if the other party is expecting to spend time with the child , that is when a problem arises . She typically reserves time the week before Christmas for problem cases . She tries to determine whether the travel is tradition , or if one of the parties is being spiteful .
Judge Morris has never encountered this situation . In the initial stages of COVID-19 , she heard several temporary hearings related to travel during the pandemic , addressed on a case-by-case basis . Since then , it has not been an issue .
Do you have any suggestions if one party is moving marital money around and making it inaccessible to the other party , other than filing a contempt for violation of the Standing Order ?
Judge Harvey would need to see evidence that the party has moved a lot of money . He has taken this into consideration with division of property or attorney ’ s fees .
Judge Morris refers attorneys to the superior court website . The website encourages parties and counsel to reach out to her staff attorney or civil case manager , who will schedule a hearing as soon as possible . One benefit of Zoom is that she can schedule temporary hearings more quickly . If the situation is truly an emergency and your individual judge cannot schedule an immediate hearing , reach out to the presiding judge and they will fit you in if necessary .
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Photo , L-R , top row : Hon . Alan Harvey ( Magistrate Judge ), Hon . Wayne Purdom ( State Court ), and Hon . Kimberly K . Anderson ( State Court ). L-R , middle row : Brooke M . French ( Kaye , Lembeck , Hitt & French ), Hon . Nora Polk ( Magistrate Judge ), and Hon . Shondeana Morris ( Superior Court ). L-R , bottom row : Hon . Matthew McCoyd ( Magistrate Judge ), Hon . Berryl A . Anderson ( Chief Magistrate Judge ), and Hon . Tangela Barrie ( Superior Court ).
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