IN THE PROFESSION
Have you observed any changes in the trial practice over the years ?
I think the biggest difference today is the lack of opportunities for young lawyers to participate in jury trials . When I was litigating cases I had eight to ten jury trials a year . Now , jury trials – outside criminal law - have become rare , for many reasons . First , taking a case to jury trial is expensive . Second , with the growing emphasis on alternate dispute resolution , of which I am not critical , many cases are being resolved without trial . Finally , it is , in a certain way , a trend that feeds itself – if the numbers of jury trials go down generally , fewer attorneys want to take them on . If they do , it is mostly the senior lawyers that are handling them .
Another change that we have seen specifically in federal court is the emphasis on discovery and motions practice . Since the Twombly and Iqbal decisions , a motion to dismiss and / or a motion for summary judgment is filed in every single case , and cases are more likely to resolve before they even go to trial .
Have you adjusted easily to the changes in the use of technology that were – to say the least - accelerated during the pandemic ?
Yes and No . Our court had been updated to accommodate technology even before the pandemic . For example , we were already using cameras and screens to display exhibits for lawyers and jurors , and I handled a lot by phone and videoconference . When , during the pandemic , the CARES Act enabled and allowed us to utilize technology also for guilty pleas and sentencing hearings , we quickly found and agreed on a user-friendly teleconferencing system and transitioned rapidly into the “ virtual courtroom .”
However , despite the ease of working with technology , I prefer personal appearances . When I became a district judge , I envisioned working in an office and in a courtroom . I did not sign up for looking at a computer screen all day . I think that I – and the lawyers - do a better job being physically present in the courtroom . Even during the pandemic , we never closed the court . We always had in-person hearings , for example in criminal cases , where the defendants did not agree to virtual pleas . We resumed Grand Jury trials in May 2020 , and both civil and criminal jury trials in May 2021 .
What , if anything , will change in your daily work life as a senior judge ?
The biggest change was retiring from my position as chief judge . Being chief judge in those 15 months during the beginning of the pandemic – from March 2020 to May 2021 – was an enormous challenge . The suspension of jury trials created a big backlog of cases . I had to handle a lot of emergencies ; issue orders , e . g ., regarding wearing masks ; come up with a plan how to safely do jury trials ; and much more . But it has worked ! No one got sick in the courthouse , and everyone , including the lawyers , felt very safe and comfortable .
Apart from being relieved of those administrative duties , my actual caseload will not change much . Each circuit decides which caseload you are entitled to carry in senior status . Here in the 11th Circuit , judges who – like me – have a staff of three ( either two law clerks and a judicial assistant or three law clerks ) carry 60 % of the caseload or 150 cases , whichever the lesser , based on the preceding calendar year . For the next two years at least , I will have a full caseload . However , being a senior judge has three major benefits . One , senior status is unlimited . You can do it for the rest of your life , which I will probably do if I am able to . Two , I can decline any case I do not want to handle , and I have done so a few times . Finally , because I am technically considered “ retired ,” a vacancy is created , and the court gets another judge . Which is an important benefit , because one of the biggest challenges we face is that we need more judgeships . We currently have 11 U . S . district court judges , and while this number has not changed since 1979 , the caseload certainly has .
What were your most significant and / or challenging cases ?
On the day I was sworn in , I was confronted with a big environmental case . The Upper Chattahoochee Riverkeeper Fund and others sued the City of Atlanta for alleged violations of the Clean Water Act and the Georgia Water Quality Control Act . Within a few months , I issued summary judgment in favor of the plaintiffs , and as a result , the City of Atlanta spent billions of dollars on upgrading their sewer systems . I am very proud of that contribution to serving the community .
In 2007 and 2008 , I presided over a series of cases involving a large mortgage fraud conspiracy , The United States v . Phillip Hill . 17 of 19 defendants that went to trial were convicted and received lengthy prison sentences .
Most recently , in 2019 , I handled two RICO cases against a total of six members of the “ Gangster Disciples .” The first trial lasted six , the second one five weeks . The rest of the defendants entered guilty pleas .
Have You Ever Wanted to be Published ?
Looking back , what would you consider your biggest achievement so far ?
I am The very Editorial proud of having Board served invites on the you Judicial Conference Committee to submit on Rules your of Practice article and ideas Procedure to for seven years . Restyling be the featured Federal Rules in the of Civil next Procedure issue was an incredible experience of The – and Atlanta a task that Lawyer many people . Submit thought could not be articles and ideas to
( continued jcoleman on page 15 @) atlantabar . org www . atlantabar . org THE ATLANTA LAWYER 13