The Atlanta Lawyer March/April 2022 Vol. 20, No. 5 | Page 14

IN THE PROFESSION
of them during the pandemic - so we have become pretty good at balancing work and family obligations . Like every busy lawyer with a family , I will multitask when possible - I cannot tell you how many times I have returned calls to opposing counsel while cooking dinner - and sometimes do some work after the kids go to bed . The work ebbs and flows - sometimes I have a week of endless depositions or trial prep , or it is Loren ’ s busy season - and usually when one of us is particularly busy , the other can pick up the slack at home . We are intentional about prioritizing family .
A big advantage I have is that Loren handles a lot of the details of the kids ’ lives . If it were up to me , they would not see a dentist for years and their clothes would be out of season and three sizes too small .
A real key for us has been having au pairs who live with us to help take care of our children . Our current au pair , Gabi , is amazing . Having good , flexible childcare is what makes both of our careers possible .
Judge Mau : I transitioned to Magistrate Judge from my full-time position as a deputy prosecutor in Fulton County State Court . I have found that serving in the role of Magistrate Judge requires a great deal of time and preparation – even part-time – therefore I plan to focus on becoming as proficient as possible . I look forward to seeing how this role evolves over time .
What aspect of this position will present the greatest challenge for you ?
Judge Locke : I have spent the last decade giving advice to people , so it is very strange to be prohibited from giving advice in this new role ! Especially because so many Magistrate Court litigants are representing themselves , it is sometimes like watching a car crash in slow motion — you want to yell out , “ just file this form and submit this evidence !”
I want to make the right decision in each dispute , but a wayward pro se litigant can make it difficult . Luckily , the court has some amazing self-help resources , including online form generators for common filings ; pamphlets , books , and videos about the various legal issues that come before our court ; and an assistance center that is staffed by a court attorney who provides free legal and procedural information and helps with court forms . Chief Judge Cassandra Kirk ( Fulton County Magistrate Court ) deserves a lot of credit for really making the court accessible to litigants representing themselves .
Judge Mau : There is a wonderful quote by E . B . White : “ I arise in the morning torn between a desire to improve the world and a desire to enjoy the world . This makes it hard to plan the day .” Time has always been my greatest challenge – not so much managing it as not having enough of it . I lean toward overediting and second-guessing . Since becoming a Magistrate Court Judge , I have discovered that there are very good resources and systems in place that should help make this challenge easy to overcome .
Judge Witherspoon : In my new role as a Magistrate Judge , every previous experience relates to everything - you just need to find the connection . Every previous role and undertaking as an attorney connected me to and prepared me for this new role . Magistrate Judge duties are diversified , and I believe is flexible by design . I have adapted to the process by which I no longer represent litigants but preside over their cases . My legal arguments are no longer heard , but I must listen to the legal arguments of others . My legal opinions no longer matter but are replaced by statutes and constitutional principles , which I must uphold as a Magistrate Judge . This simply means knowing the law and arguing the law as an attorney is replaced by applying the law to the facts and making a ruling as a Magistrate Judge .
As a Magistrate Judge , the biggest challenge for me is hearing arguments from both sides “ of the aisle ” as opposed to my arguing for one side as an attorney , but still maintaining an unbiased ear while being just and thoughtful in the process . As an attorney , I could “ anguish ” for my clients ’ plight , but as a Magistrate Judge , I can only render what I hope is a fair judgement based on the rule of law . Challenging is having to have the ability to strike a balance between compassion and justice when there are so many litigants not able to afford legal representation . Challenging is ensuring that the litigants feel that the legal process is fair , even with or without legal representation . As a Magistrate Judge , I feel it is my obligation to ensure that the litigants have some understanding to what is taking place in the courtroom regarding their cases .
Is there someone who holds or has held a similar position that you admire and plan on emulating and if so , why or what attributes of theirs do you think are important ?
Judge Locke : Years ago , I had a hearing in front of Judge Leigh Martin May ( Northern District ). As I presented my argument , Judge May asked thoughtful questions that were clearly informed by the pleadings and evidence presented and directed exactly at the issues . She then denied my motion on exactly the proper grounds . I left that hearing knowing that she listened to me , understood what was happening in the case , and probably made the right call — and I lost ! I hope I can be as prepared , knowledgeable , and present as Judge May .
I also deeply admired the late Judge Ramon Alvarado ( Gwinnett County ), who I first met as a colleague in the criminal defense bar . He was so deeply kind and patient , and always treated his clients — and then later , the parties before him — with respect . I will keep Judge Alvarado in my mind as I do this work .
Judge Mau : Two judges that I have had the good fortune to know and observe on the bench during my career and who I hope to emulate are the late Judge Don Langham
14 March / April 2022