from the bench
Reflecting Back as the Atlanta Judicial Circuit Moves Forward
Shawn DeVaney
3L, Georgia State University College of Law
[email protected]
Judges and attorneys gathered at
the Fulton County Courthouse on
February 26 for the Atlanta Judicial
Circuit’s Chief Judge Changing of
the Gavel Ceremony, marking the
end of the Honorable Gail S. Tu-
san’s tenure as Chief Judge (2014-
2018). The occasion highlighted
Judge Tusan’s many achievements
in that administrative role, includ-
ing her tireless advocacy on behalf
of Superior Court’s Accountability
Courts and Pre-Trial Diversion
Programs and her important work
as Co-chair of the Fulton County
Justice Coordinating Committee
established in 2016. The initiatives
Judge Tusan helped to spearhead
in that capacity, facilitating col-
laboration among Justice Part-
ners and earmarking funding for
programs to address individuals’
barriers to justice stemming from
untreated mental illness and sub-
stance abuse, will yield positive
results long into the future.
First and foremost, it should be
remembered Gail Tusan has al-
ways been a trial judge. For many
years, countless attorneys have
admired the deliberate and grace-
ful manner in which Judge Tusan
conducts the courtroom. Her calm
demeanor on the bench tends to
permeate all aspects of the pro-
ceedings, ensuring that the law—
rather than personalities—win the
day. As I listened to colleagues,
community leaders and others
speak about her extensive public
and community service and thank
Judge Tusan for her leadership
over the last four years filled me
with a sense of gratitude for my
own time spent with Judge Tusan.
“Her calm demeanor on the
bench tends to permeate all
aspects of the proceedings,
ensuring that the law–
rather than personalities–
win the day.”
24
March 2018
Serving as an extern in her cham-
bers helped me understand the
critical role that legal principles
and precedent play in our every
day lives and in the conduct of
businesses operating throughout
this state.
Interviewing for the position as a
third-year law student, I remem-
ber Judge Tusan asking if I was
comfortable offering my opin-
ion—to which I promptly an-
swered “Yes, absolutely!” What I
didn’t fully appreciate at that time
was that both parties in a litiga-
tion are often convinced in the
righteousness of their position.
So when the Judge actually asked
for my opinion on a Motion for
Summary Judgment in an impor-
tant civil case a few months later,
I immediately froze in complete
terror. How can a fair-minded
individual prevent a plaintiff from
arguing their case before a jury?
The case involved a dispute over
a construction contract, where the
scope of work greatly expanded
due to unexpected site conditions.
The plaintiff-contractor sought
reimbursement for additional
work and damages for construc-
tion delays allegedly caused by
the defendant. The plaintiff pro-
vided evidence of such costs and
damages, and provided evidence