IN THE PROFESSION
Judge Drake : As it relates to garnishments in Fulton Magistrate court , when a motion is filed , the motion will go directly to the presiding judge , who will then send it out to the assigned judge . If it is not coded as a Motion when filed on Odyssey , it will not go to a judge for consideration . Always file a proposed order rather than emailing it to staff . You could send a heads up regarding proposed orders to customerservice . magistrate @ fultoncountyga . gov .
Judge Kirk : Currently in magistrate court , there are two staff attorneys for 30 judges . When cases are filed , they go into a queue . It is very possible that the item you are attempting to track has gone elsewhere . Emailing magistrate . jarequest @ fultoncountyga . gov is the best way to track down what is happening .
How does the court learn about motions and other pleadings that have been filed ?
Judge Brasher : In my division , the staff attorney walks through the docket of each case every two or three weeks to see what has been filed . It is not unusual for a judge to have 400-800 cases between criminal and civil . There is no mechanism to notify them when something is filed that is helpful . The best way is for attorneys to send courtesy copies to the judge ’ s office if needed .
What was your path to becoming a judge , and what are dos and don ’ ts for becoming a judge ?
Judge Ward : If you would like to serve as a judge , get as much experience as possible . Know where you want to go and what you need to do to get there . Speak to other people who are where you want to be .
Judge Newkirk : Always make sure you work hard and have a reputation for doing so . You must interview well , go through the process of getting through the committee , and get your foot in the door . Sometimes that is through someone that you know .
Judge Bessen : The reality is that you can be qualified , but have no helpful connection , and never reach your goal of being a judge . It should not be this way , but it is an important component to remember .
Judge Ward : Keep your goal in mind . Recognize your visibility . Get involved in a lot of bar associations and become an active and contributing member . Your reputation is all you have in this business . If it is in your heart to serve others , continue to follow your dreams .
Judge Johnson : To be appointed , you must impress a handful of the right people . To be elected , impress a large group of people . If you are not in a position to be appointed , take your message to the people . This will be your key to success .
Judge Yokom : Relationships are very important for becoming a judge . The way you treat people will come back around and haunt or help you .
It would be great if there was a centralized person to contact to get a hearing on an unindicted case . For example , a motion to modify a bond . We file motions and they go into oblivion .
Judge Brasher : Contact the court administrator ’ s office , Judge Brasher ’ s office or Judge Kirk ’ s office , and someone will find a place for the case to be heard .
Judge Kirk : If it is unindicted , Lynette Ross from the non-complex cases unit is the best person from superior court to contact .
Judge Newkirk : Fulton County DA Fani Willis is doing a great job getting cases moving .
Is there emphasis in the court now to try to utilize special masters and arbitration because there is such a backlog ?
Judge Brasher : When we talk about backlog , there are two components to it . First , there are cases that existed when
COVID-19 started that have been delayed because of the statewide judicial emergency . Second , there are the unindicted criminal cases . Then came Project ORCA . Fulton County has invested $ 75 million of the ARPA funds in the constituent agencies within the court system to help expand the process . The purpose is to build out additional capacity – criminal , civil and family – using additional staff , public defenders , prosecutors , sheriff ’ s deputies , court administration staff , litigation managers , staff attorneys and senior judges . Virtual voir dire helps the process to move along . There is a focus on trying to handle cases through alternate dispute resolution . Special masters are difficult because they are expensive , and the Uniform Superior Court Rules limit the power of special masters .
Judge Bessen : In state court , they do have a backlog of misdemeanors , but not as many cases as Superior Court . Once misdemeanor criminal cases are on calendars , they expect them to resolve quickly . The misdemeanor cases often do not need to be tried like felony cases . However , there is a backlog , or cases that will likely require trials like run-of-the-mill car accident cases , medical malpractice cases , any other large cases . __________________________________
Thank you , panelists , for your valuable insight !
The series will occur monthly and will feature judges from a different county .
18 November / December 2021