IN THE PROFESSION
( Municipal Court of Atlanta )
• The Honorable Christopher M . Yokom ( Juvenile Court of Fulton County )
Brooke M . French ( Kaye , Lembeck , Hitt & French Family Law LLC ) moderated the panel .
Below , please find advice shared by the judges . Please note responses have been paraphrased and edited for length .
Do you think Fulton County will continue to hold virtual proceedings after COVID-19 has subsided ?
Judge Bessen : Fulton County is doing virtual voir dires . Every aspect of the trial is set up in a hybrid fashion , but I do not envision it moving totally virtual .
Judge Brasher : I do not believe Fulton will expand beyond jury selection and have witnesses appear virtually . Virtual jury selection has been a positive experience for both jurors and attorneys . On the other hand , most virtual trial experiences have been negative , with external forces bearing on jurors .
How soon will small claims and warrant hearings be in person primarily ?
Judge Kirk : I believe we will continue to have a hybrid system for so long as the numbers for COVID-19 dictate that they have a hybrid option available . Hopefully in early 2022 it will be possible to start holding court primarily in person .
What are your biases as a judge , and how do you address them ?
Judge Drake : My personal creed when becoming a judge was to refrain from using irrelevant facts or issues to assess a person ’ s credibility . If someone does something extremely discourteous , I try to take a moment to make a mental transition , so I am not holding a bias against someone for something that is not relevant to the case at hand .
Judge Yokom : I learned from Judge Key in South Georgia , who was always a believer in an empathetic courtroom . If someone entered my courtroom and is angry , disrespectful , or rude , I try to remember they may have had a bad experience before coming into the courtroom .
Judge Brasher : I work hard to renew my sense of empathy every time I go onto the bench . The time spent doing criminal and family law has helped me have more empathy . Judges are people who come into a judgeship with their own experiences and backgrounds . The practice of law brings each lawyer a larger variety of experiences , and the bench brings and even broader variety .
What is the best way to learn the customs or non-written rules of your courtroom ?
Judge Barwick : All judges have webpages that may be accessed via fultoncourt . org . Many judges have links to their policies and guidelines , which are very helpful .
Judge Newkirk : A great way to learn about the courtroom is to be friendly with the judge ’ s staff . Staff and fellow litigators are the best source of behind-the-scenes information about the judges .
Judge Kirk : I encourage everyone to look at the magistrate court website for information . Judicial assistants and other staff are also extremely helpful . The best way to get a feel for the judge that you will face is to come down the courtroom to watch and observe .
Judge Johnson : Newer judges come into office with a primarily virtual platform , so in-person proceedings are still new to them , yet new judges welcome feedback from both lawyers and judges .
Any suggestions on what is best to do if something has been pending with your office a for a long time without a decision ?
Judge Bessen : Some judges are more current on their pending matters , others are not . In magistrate court , it is sometimes hard to catch up because they are so busy and do not have the same staff as superior or state court judges . Most of the time they know when something is pending in a
Keep your goal in mind . Recognize your visibility . Get involved in a lot of bar associations and become an active and contributing member .
case , but there are times when something slips through the cracks . You are never at fault to contact the staff attorney or judicial assistant and ask about your pending motion . Everyone should be polite and careful because this can be a touchy and delicate subject .
Judge Newkirk : The chief judge is the next go-to person after a substantial period . If you have not gotten a response from a judge ’ s office for a substantial period , the chief judge would be your next step . Always be cognizant that judges do not get an email about every motion that has been filed .
Judge Brasher : Cases that do not get timely responded to fall into two categories : ( 1 ) the case has been overlooked or ( 2 ) the case has been neglected . Make sure to contact the staff attorney and ask if the judge has everything he or she needs . Otherwise , the options would be to file a JQC complaint or a mandamus action against the judge , neither of which will win friends or influence enemies . These are both very blunt instruments .
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