My Fox Atlanta
Courthouse Security Budget Gets Boost
Updated: Friday, 13 Aug 2010, 6:56 PM EDT
Published : Friday, 13 Aug 2010, 6:45 PM EDT
By: MORSE DIGGS/myfoxatlanta
ATLANTA - An outcry over security funding to protect the Fulton County courthouse may be getting some results. The county chairman said Friday that millions have been put back into the budget for security improvements.
The move comes five years after defendant Brian Nichols overpowered a female deputy and went on a shooting spree inside the courthouse.
Chairman John Eaves says a project list has been revised again after some public and private negotiations.
The public part came on Wednesday through lobbying by courthouse occupants and an observation by the district attorney that it is more dangerous today than when Nichols went on his rampage.
The district attorney delivered a warning in an ominous tone regarding the state of security some five years after a shooting rampage left a total of four people dead, three at courthouse. Nichols fired the shots and is serving jail time.
A controversy simmers over a decision by Fulton County's political leaders to leave out millions for courthouse security in a new capital budget. The chairman signaled the commission will reverse itself.
Eaves and the other commissioners have gotten phone calls and emails asking for an explanation about their funding priorities. Citizens want to know how major security improvements for the downtown courthouse could be left off the list.
Four votes are required to approve the new funding.
Eaves stopped short of saying those votes are completely locked down, but added that he expects a favorable decision.
Monday, August 16, 2010
Friday, August 6, 2010
Aug. 6, 2010 News Clippings
Daily Report
Chief judge of Fulton State Court resigns
8:09 pm, August 5th, 2010
Fulton County State Court Chief Judge Albert L. Thompson resigned his judgeship Thursday, saying in a brief resignation letter to Gov. Sonny Perdue that after 30 years in service to the state, “it is time to move on.”
Thompson’s four-line letter said his resignation will be effective Sept. 6. “It has been a distinct pleasure and a priviledge [sic],” the judge concluded. “Thank you and all the citizens of Georgia.”
Perdue’s executive counsel, Nels Peterson, said that he was in a meeting when he received Thompson’s resignation letter by a member of the governor’s staff. Peterson said he did not know what prompted Thompson’s resignation.
Thompson’s chambers were closed when the Daily Report telephoned them around 5:15 p.m. Thursday.
Thompson, a Morehouse College graduate who earned his law degree from Boston Colletge in 1972, has been a Fulton County State Court judge since 1985. He became chief judge in 1998, a post he has held for the past 12 years.
Greg Land contributed to this report.
Contributor: R. Robin McDonald
GAVOICE
Teens arrested in anti-gay crime charged as adults
BY DYANA BAGBY
FRIDAY, 06 AUGUST 2010 00:00
The six male teens charged with felony armed robbery in the bias crime against a gay pastor and his friend will be charged as adults and face a bond hearing Aug. 19.
The teens, ages 13 through 19, have been indicted for felony armed robbery and were arraigned Aug. 2 in Fulton Superior Court when the bond hearing was set.
Those charged are Sam Johnson, 17; Benjamin Johnson, 16; and Daequan Lewis, 15, who are all listed as living at the same residence in Stone Mountain. Also charged is Jarvis Johnson, 19, of Parkway Drive in Atlanta. Sam Johnson was identified by APD as the gunman. Atlanta Police reports identified Jamal Bryant, 13, and Tyrone Smith, 16, as two other suspects who are also charged as adults.
Rev. Josh Noblitt of Saint Mark United Methodist Church, one of the victims of the armed robbery on July 2, attended the court hearing on Aug. 2 and said Senior Patrol Officer Patricia Powell, the Atlanta Police Department’s LGBT liaison, was with him the entire time.
He said that before he and his friend, Trent Williams, were attacked last month while having an evening picnic in Piedmont Park, three of the suspects walked up to them and asked, “Are y’all gay? Two men laying on a blanket. We ought to beat y’all for that.”
The three youths walked off and returned later with a stick and got into a fight with Noblitt and his partner. During the fight, Noblitt called police from his cell phone. At the same time one of the three youths called for reinforcements, according to Noblitt and APD reports.
Several more teens showed up on the scene and one pulled a gun on Noblitt, held it to his head, and demanded their money.
Despite the seriousness of the crime, Noblitt admits he is torn about some of the teens being charged as adults. Knowing one of the suspects is 13 is “heartbreaking,” he has said.
“I honestly don’t know how I feel about these young people being tried as adults, because I don’t know a lot about the differences between the adult system and the juvenile system, and whether in these type of circumstances either one of them offer any meaningful rehabilitation other than prison time or paying a fine,” Noblitt said after the Aug. 2 hearing.
“I still know nothing about these young people,” he added. “Why were they in the park to begin with that night causing trouble? Have they done this before? What is their home life like? Do they have any mental health problems that have been undiagnosed or untreated?
“Where did they get their anti-gay rhetoric from and what led them to believe that they were justified in committing acts of violence on someone because they were perceived to be gay?
Noblitt noted that he is “also interested in examining ways in which we can change the climate of our culture so that young people do not end up in these situations.”
“Better yet, I’m interested in changing the hearts and minds of young people so that they will embrace diversity and understand sexual orientation and gender identity to be just another part of who a person is the same way that things like being left handed, tall, curly haired or introverted are,” he said.
At a July 22 LGBT town hall forum with top brass of the APD including Chief George Turner and Powell, the LGBT liaison, Noblitt asked what the city was doing to try to curb juvenile crime in the city.
Mayor Kasim Reed, who was also at the forum, explained that his promise to open recreation centers throughout the city to offer young people a place to go and participate in activities such as basketball tournaments and other sporting events was one way his administration was working to address the issue.
Atlanta Journal Constitution
Toe typer dismisses skeptics, makes media rounds
By Christian Boone
The Atlanta Journal-Constitution
9:32 p.m. Thursday, August 5, 2010
Amy Windom's "MacGyver moment" has attracted a fair share of skeptics, many of whom can't understand how she managed to unlock her laptop after being tied up by an armed intruder early Tuesday morning in her Grant Park home.
"It's kind of a family joke," Windom told the AJC. "I have really long toes. My sister used to tease me about it all the time."
Windom, along with boyfriend John Hilton, made the rounds on the network morning shows Wednesday, repeating her fantastic story and, at one point, demonstrating her magic digits for a disbelieving talking head. But there's one question the cynics can't seem to answer: Why would she make it up?
"I guess some people think I'm doing it for attention, like I can predict the whims of the media," she said. "Don't worry, I won't be writing a book about it. But I'm grateful that I'm OK and can tell the story."
A quick recap: Windom was home early Tuesday when a thief broke into her home in the 700 block of Glenwood Avenue. He struck her on the head with his handgun, then tied Windom to the bed where she had been sleeping. She struggled in vain for more than five hours before "a light bulb went off."
"You'd be amazed at what you're capable of after being tied up half the night," the 39-year-old AT&T consultant said.
Windom had talked the intruder out of stealing her laptop, telling him it contained a tracking device. She was able to wriggle her toes to open up the computer, using one of her elongated digits to hit the "Ctrl" and "Alt" keys. With another toe, she was able to grasp the laptop's power cord, which she used as a makeshift mouse to plunk "Delete."
Once online, she messaged her boyfriend, typing "HELP" and "CALL 911″ to Hilton, who summoned police to her rescue. For the record, Atlanta police spokesman Curtis Davenport said officers "have no reason to believe" Windom's complaint is illegitimate.
Investigators already have recovered her 2009 Acura TSX. They've also identified a potential suspect responsible for a similar incident in July just a couple of miles away from Windom's residence.
"It wasn't like this the last time my home got broken into," she said.
It was last New Year's Eve and Windom's mother was visiting. She was home alone while Windom and Hilton celebrated the onset of 2010.
"They didn't think anyone was home, and as soon as they saw her, they ran," Windom recalled. They took off in her car, which was recovered, stripped bare, three weeks later. The intruder was never caught.
Windom said she was disappointed with the police response; "They didn't even dust for prints," she said.
So when the media came calling after Tuesday's incident, Windom didn't hesitate. Her boyfriend wasn't so sure.
"I'm just doing what she wants," said the unassuming CNN web developer. "I was reluctant, but I'm more concerned with her being OK. I didn't want to be part of any circus."
Windom said she resents any implication that she's milking, or manufacturing, her ordeal.
"If people want to think it's fishy, that's fine," she said. "I understand, what with the balloon boy story and all that. But it's upsetting, as a victim of a crime, to have my motives questioned."
She hasn't returned home yet and isn't yet ready.
"I definitely want to get a new security system," Windom said.
Nearby residents told the AJC that the neighborhood has been plagued by more than a half-dozen break-ins in recent months.
Find this article at:
http://www.ajc.com/news/atlanta/toe-typer-dismisses-skeptics-585113.html
Fox 5 Atlanta
Man Accused of Killing Roswell Woman Pleads Guilty
Published : Thursday, 05 Aug 2010, 12:36 PM EDT
By: Deidra Dukes
ATLANTA - Emotions ran high in a Fulton County Superior courtroom Thursday morning where a man went back and forth on his decision to plead guilty to murdering his ex-girlfriend.
The victim's family watched it all unfold and finally heard Calvin Myers admit to the crime.
Myers was facing charges of felony murder, malice murder on top of an initial charge of aggravated assault in the killing of the mother of his children.
Roswell police say Meyers bashed 40-year-old Minka R. Grogan -- the father of two of Grogan's four children -- with a rock. He says Meyers also crashed his car into the front of her townhome.
An unnamed man who was upstairs showering came out when he heard the car crash. He told police he was there to mow her lawn.
Police say Meyers chased him with a butcher knife, but the man managed to escape.
Myers is expected to be formally sentenced next week.
Copyright AP Modified, Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Daily Report
Hall County Judge Fuller can hear case against county
10:23 am, August 5th, 2010 by Andy Peters
A Hall County Superior Court judge can hear a suit brought against Hall County, even though his salary—like those of his colleagues—is supplemented by county funds, a Gwinnett County judge ruled this week, the Gainesville Times reported.
Gwinnett County Superior Court Judge Debra K. Turner ruled that Judge C. Andrew Fuller of the Northeastern Judicial Circuit does not have to recuse from a suit filed by the city of Clermont against Hall County. Clermont accuses the county of reneging on a promise to build a sales tax-funded library in the city. Read more »
Contributor: Andy Peters
Daily Report
Linda Evans named to JQC
8:51 am, August 5th, 2010 by R. Robin McDonald
Gov. Sonny Perdue has named Linda Evans – the wife of former Georgia Republican Party general counsel J. Randolph Evans — to the state Judicial Qualifications Commission. Evans replaces Robert P. Herriott, a retired Delta Air Lines pilot who resigned from the commission last May, saying in his resignation letter to the governor that he believed the commission had surrendered some of its independence to the chief justice of the Supreme Court of Georgia.
Evans, an attorney, joins the seven-member JQC as one of two “citizen” appointees named by the governor. The Commission also includes two judges selected by the state Supreme Court and three attorneys, each of whom must have at least 10 years of experience, and who are selected by the State Bar of Georgia. Read more »
Contributor: R. Robin McDonald
News
S.J. SUPERIOR COURT CANCELS 14 LAYOFF NOTICES
By Scott Smith
August 06, 2010
Record Staff Writer
STOCKTON - The San Joaquin County Superior Court has rescinded 14 layoff notices sent out last month to support staffers, court administration and union sources said.
The bargaining unit for the employees negotiated with court administration to take off about two days each month in unpaid time between now and Oct. 31, San Joaquin County Superior Court Executive Officer Rosa Junqueiro said.
The furlough days will be rolling, so the court will keep its doors open five days a week, she said.
Layoff notices had gone out because the court needed to make up an expected $776,000 shortfall in the anticipated budget of $38.6 million for the fiscal year that began July 1. Because state legislators in Sacramento have not passed a budget, the court has to estimate its spending plan.
Those who had received pink slips were clerks who manage files for judges in court and clerks who process traffic tickets. One probate investigator also had received a layoff notice. They no longer expect their last day to be Aug. 13.
Tim Robinson, a court clerk and union negotiator, said the vote among his members agreeing to furlough days was close. In concessions, his members will keep their 3 percent cost of living increase but go on furlough 15.2 hours each month to save jobs, he said.
Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.
Crime Report
Crime Prevention, Court Programs Get Annual Justice Awards
Thursday, August 5th, 2010 4:01 am
Crime prevention and court-treatment programs were featured this week as the winners of the annual National Criminal Justice Association outstanding criminal justice program awards. The honors were announced at the association’s annual forum, held this year in Ft. Myers, Fl. Honorees from the group’s four regions were the state of Maryland’s violence prevention initiative, the Michigan State Police Teaching Educating and Mentoring program (TEAM), West Virginia’s Northern Panhandle Treatment Courts, and the south Los Angeles-based African American Unity Center Youth Development Program.
Getting special recognition was the Northern Mariana Islands’ Family Court Client Services Program. Winning a career service award was James Kane, director of Delaware’s Criminal Justice Council from 1996 to 2009. The IJIS Institute gave the Robert P. Shumate National Public Safety and Justice Contributor to Excellence Award to David Gavin, a longtime former official of the Texas Department of Public Safety and former chair of the FBI’s Advisory Policy Board Information Sharing Subcommittee. The institute gave an innovation award to the Iowa Division of Criminal and Juvenile Justice Planning and URL Integration for an initiative to connect criminal justice information systems across the state.
Judge Orders L.A. Times Not To Publish Murder Defendant Photos
Thursday, August 5th, 2010 4:11 am
A judge issued an unusual order yesterday, telling a Los Angeles Times photographer not to publish pictures after granting him permission to take them. Legal experts told the Times that prohibiting publication of an image that a photographer had permission to take could violate the 1st Amendment. The case involved Alberd Tersargyan, 60, who was in court for a scheduled arraignment on multiple murder counts in connection with the slayings of four people — including three members of the same family — from 2008 to 2010.
Judge Hilleri Merritt approved a request by Times photographer Al Seib before the arraignment to take pictures of Tersargyan. During the hearing, prosecutor Eric Harmon reminded the judge about a prior order banning photography and video. Harmon said it was possible the pictures could affect potential eyewitness testimony but didn’t object to the photographs. Defense lawyer Patricia Mulligan objected to having her client photographed. Merritt chastised both sides for not raising the issue earlier but then told Seib to immediately stop taking pictures and ordered him not to publish the images he had already taken. Lucy Dalglish of the Reporters Committee for Freedom of the Press said there was no legal reason why the judge should not have allowed the pictures to be published absent a demonstration of “direct, immediate, physical harm that is not speculative.”
Link: http://www.latimes.com/news/local/la-me-little-armenia-murders-20100805,0,6265103.story
“Stand Your Ground” Law Complicates Florida Murder Cases
Thursday, August 5th, 2010 4:10 am
A gang of young Tallahassee street thugs drove into a rival gang’s turf, guns at the ready, looking for a fight. Thirty shots were fired that day in 2008, says Miami Herald columnist Fred Grimm. A 15-year-old kid was killed. Two of the invading gang members faced homicide charges. The case fell apart this spring. The actions of two gun-wielding gangbangers, a judge ruled, were protected from prosecution by the 2005 “Stand Your Ground” law that expanded the definition of justifiable self-defense into something vague and plainly dangerous.
Someone claiming to feel “threatened” no longer has an obligation to retreat, call police or avoid the use of deadly force. “What this means, as illustrated by this case, is that two individuals, or even groups, can square off in the middle of a public street, exchange gunfire, and both be absolved from criminal liability if they were reasonably acting in self-defense,” wrote Circuit Judge Terry Lewis. ”It is very much like the Wild West,” said the judge. Willie Meggs, president of the Florida Prosecuting Attorneys Association back in 2005, had warned that Stand Your Ground legislation would spawn unintended consequences. He called it the “shoot your Avon lady law.” The law has complicated once-routine homicide prosecutions. “We have been forced to spend significant time and resources litigating defense motions which, in essence, seek court-ordered immunity for defendants charged with violent crimes,” said Palm Beach State Attorney Michael McAuliffe.
Link: http://www.miamiherald.com/2010/08/04/1761938/stand-your-ground-works-for-criminals.html
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
Chief judge of Fulton State Court resigns
8:09 pm, August 5th, 2010
Fulton County State Court Chief Judge Albert L. Thompson resigned his judgeship Thursday, saying in a brief resignation letter to Gov. Sonny Perdue that after 30 years in service to the state, “it is time to move on.”
Thompson’s four-line letter said his resignation will be effective Sept. 6. “It has been a distinct pleasure and a priviledge [sic],” the judge concluded. “Thank you and all the citizens of Georgia.”
Perdue’s executive counsel, Nels Peterson, said that he was in a meeting when he received Thompson’s resignation letter by a member of the governor’s staff. Peterson said he did not know what prompted Thompson’s resignation.
Thompson’s chambers were closed when the Daily Report telephoned them around 5:15 p.m. Thursday.
Thompson, a Morehouse College graduate who earned his law degree from Boston Colletge in 1972, has been a Fulton County State Court judge since 1985. He became chief judge in 1998, a post he has held for the past 12 years.
Greg Land contributed to this report.
Contributor: R. Robin McDonald
GAVOICE
Teens arrested in anti-gay crime charged as adults
BY DYANA BAGBY
FRIDAY, 06 AUGUST 2010 00:00
The six male teens charged with felony armed robbery in the bias crime against a gay pastor and his friend will be charged as adults and face a bond hearing Aug. 19.
The teens, ages 13 through 19, have been indicted for felony armed robbery and were arraigned Aug. 2 in Fulton Superior Court when the bond hearing was set.
Those charged are Sam Johnson, 17; Benjamin Johnson, 16; and Daequan Lewis, 15, who are all listed as living at the same residence in Stone Mountain. Also charged is Jarvis Johnson, 19, of Parkway Drive in Atlanta. Sam Johnson was identified by APD as the gunman. Atlanta Police reports identified Jamal Bryant, 13, and Tyrone Smith, 16, as two other suspects who are also charged as adults.
Rev. Josh Noblitt of Saint Mark United Methodist Church, one of the victims of the armed robbery on July 2, attended the court hearing on Aug. 2 and said Senior Patrol Officer Patricia Powell, the Atlanta Police Department’s LGBT liaison, was with him the entire time.
He said that before he and his friend, Trent Williams, were attacked last month while having an evening picnic in Piedmont Park, three of the suspects walked up to them and asked, “Are y’all gay? Two men laying on a blanket. We ought to beat y’all for that.”
The three youths walked off and returned later with a stick and got into a fight with Noblitt and his partner. During the fight, Noblitt called police from his cell phone. At the same time one of the three youths called for reinforcements, according to Noblitt and APD reports.
Several more teens showed up on the scene and one pulled a gun on Noblitt, held it to his head, and demanded their money.
Despite the seriousness of the crime, Noblitt admits he is torn about some of the teens being charged as adults. Knowing one of the suspects is 13 is “heartbreaking,” he has said.
“I honestly don’t know how I feel about these young people being tried as adults, because I don’t know a lot about the differences between the adult system and the juvenile system, and whether in these type of circumstances either one of them offer any meaningful rehabilitation other than prison time or paying a fine,” Noblitt said after the Aug. 2 hearing.
“I still know nothing about these young people,” he added. “Why were they in the park to begin with that night causing trouble? Have they done this before? What is their home life like? Do they have any mental health problems that have been undiagnosed or untreated?
“Where did they get their anti-gay rhetoric from and what led them to believe that they were justified in committing acts of violence on someone because they were perceived to be gay?
Noblitt noted that he is “also interested in examining ways in which we can change the climate of our culture so that young people do not end up in these situations.”
“Better yet, I’m interested in changing the hearts and minds of young people so that they will embrace diversity and understand sexual orientation and gender identity to be just another part of who a person is the same way that things like being left handed, tall, curly haired or introverted are,” he said.
At a July 22 LGBT town hall forum with top brass of the APD including Chief George Turner and Powell, the LGBT liaison, Noblitt asked what the city was doing to try to curb juvenile crime in the city.
Mayor Kasim Reed, who was also at the forum, explained that his promise to open recreation centers throughout the city to offer young people a place to go and participate in activities such as basketball tournaments and other sporting events was one way his administration was working to address the issue.
Atlanta Journal Constitution
Toe typer dismisses skeptics, makes media rounds
By Christian Boone
The Atlanta Journal-Constitution
9:32 p.m. Thursday, August 5, 2010
Amy Windom's "MacGyver moment" has attracted a fair share of skeptics, many of whom can't understand how she managed to unlock her laptop after being tied up by an armed intruder early Tuesday morning in her Grant Park home.
"It's kind of a family joke," Windom told the AJC. "I have really long toes. My sister used to tease me about it all the time."
Windom, along with boyfriend John Hilton, made the rounds on the network morning shows Wednesday, repeating her fantastic story and, at one point, demonstrating her magic digits for a disbelieving talking head. But there's one question the cynics can't seem to answer: Why would she make it up?
"I guess some people think I'm doing it for attention, like I can predict the whims of the media," she said. "Don't worry, I won't be writing a book about it. But I'm grateful that I'm OK and can tell the story."
A quick recap: Windom was home early Tuesday when a thief broke into her home in the 700 block of Glenwood Avenue. He struck her on the head with his handgun, then tied Windom to the bed where she had been sleeping. She struggled in vain for more than five hours before "a light bulb went off."
"You'd be amazed at what you're capable of after being tied up half the night," the 39-year-old AT&T consultant said.
Windom had talked the intruder out of stealing her laptop, telling him it contained a tracking device. She was able to wriggle her toes to open up the computer, using one of her elongated digits to hit the "Ctrl" and "Alt" keys. With another toe, she was able to grasp the laptop's power cord, which she used as a makeshift mouse to plunk "Delete."
Once online, she messaged her boyfriend, typing "HELP" and "CALL 911″ to Hilton, who summoned police to her rescue. For the record, Atlanta police spokesman Curtis Davenport said officers "have no reason to believe" Windom's complaint is illegitimate.
Investigators already have recovered her 2009 Acura TSX. They've also identified a potential suspect responsible for a similar incident in July just a couple of miles away from Windom's residence.
"It wasn't like this the last time my home got broken into," she said.
It was last New Year's Eve and Windom's mother was visiting. She was home alone while Windom and Hilton celebrated the onset of 2010.
"They didn't think anyone was home, and as soon as they saw her, they ran," Windom recalled. They took off in her car, which was recovered, stripped bare, three weeks later. The intruder was never caught.
Windom said she was disappointed with the police response; "They didn't even dust for prints," she said.
So when the media came calling after Tuesday's incident, Windom didn't hesitate. Her boyfriend wasn't so sure.
"I'm just doing what she wants," said the unassuming CNN web developer. "I was reluctant, but I'm more concerned with her being OK. I didn't want to be part of any circus."
Windom said she resents any implication that she's milking, or manufacturing, her ordeal.
"If people want to think it's fishy, that's fine," she said. "I understand, what with the balloon boy story and all that. But it's upsetting, as a victim of a crime, to have my motives questioned."
She hasn't returned home yet and isn't yet ready.
"I definitely want to get a new security system," Windom said.
Nearby residents told the AJC that the neighborhood has been plagued by more than a half-dozen break-ins in recent months.
Find this article at:
http://www.ajc.com/news/atlanta/toe-typer-dismisses-skeptics-585113.html
Fox 5 Atlanta
Man Accused of Killing Roswell Woman Pleads Guilty
Published : Thursday, 05 Aug 2010, 12:36 PM EDT
By: Deidra Dukes
ATLANTA - Emotions ran high in a Fulton County Superior courtroom Thursday morning where a man went back and forth on his decision to plead guilty to murdering his ex-girlfriend.
The victim's family watched it all unfold and finally heard Calvin Myers admit to the crime.
Myers was facing charges of felony murder, malice murder on top of an initial charge of aggravated assault in the killing of the mother of his children.
Roswell police say Meyers bashed 40-year-old Minka R. Grogan -- the father of two of Grogan's four children -- with a rock. He says Meyers also crashed his car into the front of her townhome.
An unnamed man who was upstairs showering came out when he heard the car crash. He told police he was there to mow her lawn.
Police say Meyers chased him with a butcher knife, but the man managed to escape.
Myers is expected to be formally sentenced next week.
Copyright AP Modified, Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Daily Report
Hall County Judge Fuller can hear case against county
10:23 am, August 5th, 2010 by Andy Peters
A Hall County Superior Court judge can hear a suit brought against Hall County, even though his salary—like those of his colleagues—is supplemented by county funds, a Gwinnett County judge ruled this week, the Gainesville Times reported.
Gwinnett County Superior Court Judge Debra K. Turner ruled that Judge C. Andrew Fuller of the Northeastern Judicial Circuit does not have to recuse from a suit filed by the city of Clermont against Hall County. Clermont accuses the county of reneging on a promise to build a sales tax-funded library in the city. Read more »
Contributor: Andy Peters
Daily Report
Linda Evans named to JQC
8:51 am, August 5th, 2010 by R. Robin McDonald
Gov. Sonny Perdue has named Linda Evans – the wife of former Georgia Republican Party general counsel J. Randolph Evans — to the state Judicial Qualifications Commission. Evans replaces Robert P. Herriott, a retired Delta Air Lines pilot who resigned from the commission last May, saying in his resignation letter to the governor that he believed the commission had surrendered some of its independence to the chief justice of the Supreme Court of Georgia.
Evans, an attorney, joins the seven-member JQC as one of two “citizen” appointees named by the governor. The Commission also includes two judges selected by the state Supreme Court and three attorneys, each of whom must have at least 10 years of experience, and who are selected by the State Bar of Georgia. Read more »
Contributor: R. Robin McDonald
News
S.J. SUPERIOR COURT CANCELS 14 LAYOFF NOTICES
By Scott Smith
August 06, 2010
Record Staff Writer
STOCKTON - The San Joaquin County Superior Court has rescinded 14 layoff notices sent out last month to support staffers, court administration and union sources said.
The bargaining unit for the employees negotiated with court administration to take off about two days each month in unpaid time between now and Oct. 31, San Joaquin County Superior Court Executive Officer Rosa Junqueiro said.
The furlough days will be rolling, so the court will keep its doors open five days a week, she said.
Layoff notices had gone out because the court needed to make up an expected $776,000 shortfall in the anticipated budget of $38.6 million for the fiscal year that began July 1. Because state legislators in Sacramento have not passed a budget, the court has to estimate its spending plan.
Those who had received pink slips were clerks who manage files for judges in court and clerks who process traffic tickets. One probate investigator also had received a layoff notice. They no longer expect their last day to be Aug. 13.
Tim Robinson, a court clerk and union negotiator, said the vote among his members agreeing to furlough days was close. In concessions, his members will keep their 3 percent cost of living increase but go on furlough 15.2 hours each month to save jobs, he said.
Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.
Crime Report
Crime Prevention, Court Programs Get Annual Justice Awards
Thursday, August 5th, 2010 4:01 am
Crime prevention and court-treatment programs were featured this week as the winners of the annual National Criminal Justice Association outstanding criminal justice program awards. The honors were announced at the association’s annual forum, held this year in Ft. Myers, Fl. Honorees from the group’s four regions were the state of Maryland’s violence prevention initiative, the Michigan State Police Teaching Educating and Mentoring program (TEAM), West Virginia’s Northern Panhandle Treatment Courts, and the south Los Angeles-based African American Unity Center Youth Development Program.
Getting special recognition was the Northern Mariana Islands’ Family Court Client Services Program. Winning a career service award was James Kane, director of Delaware’s Criminal Justice Council from 1996 to 2009. The IJIS Institute gave the Robert P. Shumate National Public Safety and Justice Contributor to Excellence Award to David Gavin, a longtime former official of the Texas Department of Public Safety and former chair of the FBI’s Advisory Policy Board Information Sharing Subcommittee. The institute gave an innovation award to the Iowa Division of Criminal and Juvenile Justice Planning and URL Integration for an initiative to connect criminal justice information systems across the state.
Judge Orders L.A. Times Not To Publish Murder Defendant Photos
Thursday, August 5th, 2010 4:11 am
A judge issued an unusual order yesterday, telling a Los Angeles Times photographer not to publish pictures after granting him permission to take them. Legal experts told the Times that prohibiting publication of an image that a photographer had permission to take could violate the 1st Amendment. The case involved Alberd Tersargyan, 60, who was in court for a scheduled arraignment on multiple murder counts in connection with the slayings of four people — including three members of the same family — from 2008 to 2010.
Judge Hilleri Merritt approved a request by Times photographer Al Seib before the arraignment to take pictures of Tersargyan. During the hearing, prosecutor Eric Harmon reminded the judge about a prior order banning photography and video. Harmon said it was possible the pictures could affect potential eyewitness testimony but didn’t object to the photographs. Defense lawyer Patricia Mulligan objected to having her client photographed. Merritt chastised both sides for not raising the issue earlier but then told Seib to immediately stop taking pictures and ordered him not to publish the images he had already taken. Lucy Dalglish of the Reporters Committee for Freedom of the Press said there was no legal reason why the judge should not have allowed the pictures to be published absent a demonstration of “direct, immediate, physical harm that is not speculative.”
Link: http://www.latimes.com/news/local/la-me-little-armenia-murders-20100805,0,6265103.story
“Stand Your Ground” Law Complicates Florida Murder Cases
Thursday, August 5th, 2010 4:10 am
A gang of young Tallahassee street thugs drove into a rival gang’s turf, guns at the ready, looking for a fight. Thirty shots were fired that day in 2008, says Miami Herald columnist Fred Grimm. A 15-year-old kid was killed. Two of the invading gang members faced homicide charges. The case fell apart this spring. The actions of two gun-wielding gangbangers, a judge ruled, were protected from prosecution by the 2005 “Stand Your Ground” law that expanded the definition of justifiable self-defense into something vague and plainly dangerous.
Someone claiming to feel “threatened” no longer has an obligation to retreat, call police or avoid the use of deadly force. “What this means, as illustrated by this case, is that two individuals, or even groups, can square off in the middle of a public street, exchange gunfire, and both be absolved from criminal liability if they were reasonably acting in self-defense,” wrote Circuit Judge Terry Lewis. ”It is very much like the Wild West,” said the judge. Willie Meggs, president of the Florida Prosecuting Attorneys Association back in 2005, had warned that Stand Your Ground legislation would spawn unintended consequences. He called it the “shoot your Avon lady law.” The law has complicated once-routine homicide prosecutions. “We have been forced to spend significant time and resources litigating defense motions which, in essence, seek court-ordered immunity for defendants charged with violent crimes,” said Palm Beach State Attorney Michael McAuliffe.
Link: http://www.miamiherald.com/2010/08/04/1761938/stand-your-ground-works-for-criminals.html
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
Aug. 4, 2010 News Clippings
Bernice King asks reconciliation for SCLC
Associated Press
Published: August 3, 2010
ATLANTA (AP) - After sitting silent for nearly 10 months amid bitter infighting in the Southern Christian Leadership Conference, the Rev. Bernice King is calling for reconciliation among the group she was elected to lead.
At a news conference on Tuesday, King spoke about her desire to lead the SCLC and her hope that recent rifts could be healed so that the group could resume its mission of addressing social injustice.
King will lead a prayer vigil for the SCLC on Friday as the group prepares to host dueling conventions over the next week. She has not decided whether she will attend either event.
The SCLC is awaiting a decision from a Fulton County Superior Court judge as to which of two factions of its board of directors is in control of the organization.
The Atlanta Journal-Constitution
Bernice King to hold SCLC prayer vigil
By Raisa Habersham
6:46 p.m. Tuesday, August 3, 2010
Bernice King addressed the controversy surrounding the Southern Christian Leadership Conference on Tuesday while reaching out to the factions involved in an effort to ease tension between the parties.
King, surrounded by her supporters, announced that she was holding a prayer vigil Friday at 6:30 p.m. in light of the turmoil fueled by a heated court battle over who is in charge of the SCLC. The vigil will be held at Ebenezer Baptist Church in the Horizon Sanctuary.
The power struggle began after questions were raised about $569,000 spent by then-chairman Raleigh Trammell and then-treasurer Spiver Gordon from SCLC accounts. The money issue is still being investigated, and the Trammel-Gordon group has sued to stay in control of the SCLC. The other group is being led by Sylvia Tucker, who had been second under Trammell.
King has chosen to remain relatively silent about the situation, stating that as a minster, she can only follow the word of God.
“I have called for the prayer because keeping together is important in a movement,” she said.
Whether or not the Trammell-Gordon group will attend the vigil is up in the air.
King said she has nothing to do with the lawsuit, adding that she isn’t sure about the facts surrounding the case.
“I wouldn’t say it’s disturbing. I would say what I hear indicated that work needed to be done,” King said of the situation.
Throughout the case proceedings, King has continued to meet with her transition team to discuss the current state of the SCLC.
“I am the first president that will have to come into this organization amidst confusion and rebuild it almost from ground zero,” King said.
King was elected president in October last year. She would be the first female president of the organization.
King said she wanted to know everything before she took over, adding that she was ready to take over in April.
She didn’t address if she considered Markel Hutchins the interim president of the organization. Hutchins was named president by the Trammell-Gordon group.
King also tiptoed around questions about if she was going to take over the SCLC by force or even when the situation is settled.
Charles Mathis, lawyer for the group opposing the Trammell-Gordon backers, told the AJC that he expects a decison on the court case later this month. He said final proceedings are due Aug. 16.
Despite the turmoil, King maintains that the SCLC remains relevant. King's father, Martin Luther King Jr., was co-founder of the organization.
“Regardless of people who think it’s a dead organization, what it stands for is not,” she said.
King supporters will hold their SCLC convention Aug. 8. King, who has been invited, said she doesn’t know whether or not she will attend. A vice president will be elected at the convention and will serve as acting president until King takes over.
King has not been invited to the convention hosted by the Trammel-Gordon group at a later date.
The challenge, King said, will be getting the organization back to its roots.
King said the situation isn’t about one person, but about the organization and what it represents.
“The most important thing if we are going to uphold the legacy of Dr. King is healing and reconciling,” she said.
Find this article at:
http://www.ajc.com/news/atlanta/bernice-king-to-hold-584030.html
Daily Report
Ray won’t seek Court of Appeals post
12:59 pm, August 3rd, 2010 by Alyson Palmer
Gov. Sonny Perdue thinks highly enough of Gwinnett County Superior Court Judge William M. Ray II that he had Ray sit in on interviews when the governor was vetting candidates for an open state Supreme Court seat in 2005. And Ray made the Judicial Nominating Commission’s short list for a spot on the Supreme Court last year.
But Ray won’t fill one of two vacancies on the state Court of Appeals created by the retirement of Judge G. Alan Blackburn and the death of Judge Debra H. Bernes. Read more »
Contributor: Alyson Palmer
The Atlanta Journal-Constitution
Increased security at Cobb courthouse construction site yields two arrests
By Janel Davis
6:11 p.m. Tuesday, August 3, 2010
Sheriff’s deputies arrested two construction employees working at Cobb County’s courthouse project on Monday when background checks revealed the men had outstanding arrest warrants.
The sheriff’s office began performing criminal background checks on workers at the project as the new courthouse construction was ready to connect to the existing judicial complex. Last month the county announced the increased security efforts were also to allay ongoing concerns that illegal immigrants were working on the construction site.
Monday’s arrests involved Derick Santran Riley, 26, of Atlanta, who had an outstanding Fulton County bench warrant for aggravated assault and driving without a license. Eddie Richard Bell, 24, of Stone Mountain had a probation violation warrant issued by DeKalb County.
The sheriff’s office plans to have criminal background checks completed on all workers by Aug. 20.
Find this article at:
http://www.ajc.com/news/cobb/increased-security-at-cobb-584327.html
Crime Report
Magazine Cites Three Flaws In Prison-Happy American Justice
Tuesday, August 3rd, 2010 7:35 am
In a package of stories, The Economist magazine concludes that justice is harsher in America than in any other rich country. About 2.4 million Americans are behind bars, roughly one in every 100 adults. If those on parole or probation are included, one adult in 31 is under “correctional” supervision. As a proportion of its total population, America incarcerates five times more people than Britain, nine times more than Germany and 12 times more than Japan. Overcrowding is the norm. Federal prisons house 60% more inmates than they were designed for. State lock-ups are only slightly less stuffed.
The system has three big flaws, say criminologists. First, it puts too many people away for too long. Second, it criminalises acts that need not be criminalised. Third, it is unpredictable. Many laws, especially federal ones, are so vaguely written that people cannot easily tell whether they have broken them. In 1970 the proportion of Americans behind bars was below one in 400, compared with today’s one in 100. Since then, the voters, alarmed at a surge in violent crime, have demanded fiercer sentences. Politicians have obliged. New laws have removed from judges much of their discretion to set a sentence that takes full account of the circumstances of the offence. Since no politician wants to be tarred as soft on crime, such laws, mandating minimum sentences, are seldom softened. On the contrary, they tend to get harder.
Link: http://www.economist.com/node/16636027
Right-Left Coalition Could Reduce U.S. Incarceration, Blumstein Says
Tuesday, August 3rd, 2010 7:33 am
A relatively low national crime rate combined with a government fiscal crisis could provide an opportunity for a left-right coalition to reduce incarceration in the United States, says criminologist Alfred Blumstein of Carnegie Mellon University. Speaking to the annual forum of the National Criminal Justice Association, which is ending today in Fort Myers, Fla., Blumstein said the political right’s concern about the high costs of prisons and the left’s criticism of the nation’s “punitiveness” could produce some kind of agreement on more-rational sentencing policies.
Blumstein said that many “excessively long sentences” imposed in recent decades, especially in drug cases, have wasted tax money. He said incarcerating drug traffickers could be counterproductive if their replacements in the drug market proved to be even worse criminals. Noting that national crime rates now have dropped to the level of the 1960s, the start of the modern-day crime boom in the nation, Blumstein said it is not yet clear whether crime has bottomed out or can go much lower. He questioned whether the decreases for 2009 in crime reports compiled by the FBI are a “blip or a new turning point.” Also at yesterday’s conference, former Florida corrections chief James McDonough called for spending more money on inmate rehabilitation and less on prison building. He said stepping up substance abuse treatment for prisoners could have a “major impact on recidivism.”
Link: http://thecrimereport.org/
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
Associated Press
Published: August 3, 2010
ATLANTA (AP) - After sitting silent for nearly 10 months amid bitter infighting in the Southern Christian Leadership Conference, the Rev. Bernice King is calling for reconciliation among the group she was elected to lead.
At a news conference on Tuesday, King spoke about her desire to lead the SCLC and her hope that recent rifts could be healed so that the group could resume its mission of addressing social injustice.
King will lead a prayer vigil for the SCLC on Friday as the group prepares to host dueling conventions over the next week. She has not decided whether she will attend either event.
The SCLC is awaiting a decision from a Fulton County Superior Court judge as to which of two factions of its board of directors is in control of the organization.
The Atlanta Journal-Constitution
Bernice King to hold SCLC prayer vigil
By Raisa Habersham
6:46 p.m. Tuesday, August 3, 2010
Bernice King addressed the controversy surrounding the Southern Christian Leadership Conference on Tuesday while reaching out to the factions involved in an effort to ease tension between the parties.
King, surrounded by her supporters, announced that she was holding a prayer vigil Friday at 6:30 p.m. in light of the turmoil fueled by a heated court battle over who is in charge of the SCLC. The vigil will be held at Ebenezer Baptist Church in the Horizon Sanctuary.
The power struggle began after questions were raised about $569,000 spent by then-chairman Raleigh Trammell and then-treasurer Spiver Gordon from SCLC accounts. The money issue is still being investigated, and the Trammel-Gordon group has sued to stay in control of the SCLC. The other group is being led by Sylvia Tucker, who had been second under Trammell.
King has chosen to remain relatively silent about the situation, stating that as a minster, she can only follow the word of God.
“I have called for the prayer because keeping together is important in a movement,” she said.
Whether or not the Trammell-Gordon group will attend the vigil is up in the air.
King said she has nothing to do with the lawsuit, adding that she isn’t sure about the facts surrounding the case.
“I wouldn’t say it’s disturbing. I would say what I hear indicated that work needed to be done,” King said of the situation.
Throughout the case proceedings, King has continued to meet with her transition team to discuss the current state of the SCLC.
“I am the first president that will have to come into this organization amidst confusion and rebuild it almost from ground zero,” King said.
King was elected president in October last year. She would be the first female president of the organization.
King said she wanted to know everything before she took over, adding that she was ready to take over in April.
She didn’t address if she considered Markel Hutchins the interim president of the organization. Hutchins was named president by the Trammell-Gordon group.
King also tiptoed around questions about if she was going to take over the SCLC by force or even when the situation is settled.
Charles Mathis, lawyer for the group opposing the Trammell-Gordon backers, told the AJC that he expects a decison on the court case later this month. He said final proceedings are due Aug. 16.
Despite the turmoil, King maintains that the SCLC remains relevant. King's father, Martin Luther King Jr., was co-founder of the organization.
“Regardless of people who think it’s a dead organization, what it stands for is not,” she said.
King supporters will hold their SCLC convention Aug. 8. King, who has been invited, said she doesn’t know whether or not she will attend. A vice president will be elected at the convention and will serve as acting president until King takes over.
King has not been invited to the convention hosted by the Trammel-Gordon group at a later date.
The challenge, King said, will be getting the organization back to its roots.
King said the situation isn’t about one person, but about the organization and what it represents.
“The most important thing if we are going to uphold the legacy of Dr. King is healing and reconciling,” she said.
Find this article at:
http://www.ajc.com/news/atlanta/bernice-king-to-hold-584030.html
Daily Report
Ray won’t seek Court of Appeals post
12:59 pm, August 3rd, 2010 by Alyson Palmer
Gov. Sonny Perdue thinks highly enough of Gwinnett County Superior Court Judge William M. Ray II that he had Ray sit in on interviews when the governor was vetting candidates for an open state Supreme Court seat in 2005. And Ray made the Judicial Nominating Commission’s short list for a spot on the Supreme Court last year.
But Ray won’t fill one of two vacancies on the state Court of Appeals created by the retirement of Judge G. Alan Blackburn and the death of Judge Debra H. Bernes. Read more »
Contributor: Alyson Palmer
The Atlanta Journal-Constitution
Increased security at Cobb courthouse construction site yields two arrests
By Janel Davis
6:11 p.m. Tuesday, August 3, 2010
Sheriff’s deputies arrested two construction employees working at Cobb County’s courthouse project on Monday when background checks revealed the men had outstanding arrest warrants.
The sheriff’s office began performing criminal background checks on workers at the project as the new courthouse construction was ready to connect to the existing judicial complex. Last month the county announced the increased security efforts were also to allay ongoing concerns that illegal immigrants were working on the construction site.
Monday’s arrests involved Derick Santran Riley, 26, of Atlanta, who had an outstanding Fulton County bench warrant for aggravated assault and driving without a license. Eddie Richard Bell, 24, of Stone Mountain had a probation violation warrant issued by DeKalb County.
The sheriff’s office plans to have criminal background checks completed on all workers by Aug. 20.
Find this article at:
http://www.ajc.com/news/cobb/increased-security-at-cobb-584327.html
Crime Report
Magazine Cites Three Flaws In Prison-Happy American Justice
Tuesday, August 3rd, 2010 7:35 am
In a package of stories, The Economist magazine concludes that justice is harsher in America than in any other rich country. About 2.4 million Americans are behind bars, roughly one in every 100 adults. If those on parole or probation are included, one adult in 31 is under “correctional” supervision. As a proportion of its total population, America incarcerates five times more people than Britain, nine times more than Germany and 12 times more than Japan. Overcrowding is the norm. Federal prisons house 60% more inmates than they were designed for. State lock-ups are only slightly less stuffed.
The system has three big flaws, say criminologists. First, it puts too many people away for too long. Second, it criminalises acts that need not be criminalised. Third, it is unpredictable. Many laws, especially federal ones, are so vaguely written that people cannot easily tell whether they have broken them. In 1970 the proportion of Americans behind bars was below one in 400, compared with today’s one in 100. Since then, the voters, alarmed at a surge in violent crime, have demanded fiercer sentences. Politicians have obliged. New laws have removed from judges much of their discretion to set a sentence that takes full account of the circumstances of the offence. Since no politician wants to be tarred as soft on crime, such laws, mandating minimum sentences, are seldom softened. On the contrary, they tend to get harder.
Link: http://www.economist.com/node/16636027
Right-Left Coalition Could Reduce U.S. Incarceration, Blumstein Says
Tuesday, August 3rd, 2010 7:33 am
A relatively low national crime rate combined with a government fiscal crisis could provide an opportunity for a left-right coalition to reduce incarceration in the United States, says criminologist Alfred Blumstein of Carnegie Mellon University. Speaking to the annual forum of the National Criminal Justice Association, which is ending today in Fort Myers, Fla., Blumstein said the political right’s concern about the high costs of prisons and the left’s criticism of the nation’s “punitiveness” could produce some kind of agreement on more-rational sentencing policies.
Blumstein said that many “excessively long sentences” imposed in recent decades, especially in drug cases, have wasted tax money. He said incarcerating drug traffickers could be counterproductive if their replacements in the drug market proved to be even worse criminals. Noting that national crime rates now have dropped to the level of the 1960s, the start of the modern-day crime boom in the nation, Blumstein said it is not yet clear whether crime has bottomed out or can go much lower. He questioned whether the decreases for 2009 in crime reports compiled by the FBI are a “blip or a new turning point.” Also at yesterday’s conference, former Florida corrections chief James McDonough called for spending more money on inmate rehabilitation and less on prison building. He said stepping up substance abuse treatment for prisoners could have a “major impact on recidivism.”
Link: http://thecrimereport.org/
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
Aug. 3, 2010 News Clippings
GA VOICE
Teens arrested in bias crime against gay pastor to be charged as adults
BY DYANA BAGBY
WEDNESDAY, 28 JULY 2010 16:34
The six male teens arrested in the beating and armed robbery of a gay pastor and his friend in Piedmont Park on July 2 remain in police custody and are slated to have a court hearing Aug. 2. They will all be charged as adults.
The suspects, all facing charges of felony armed robbery, range in ages from 13 through 19. Four of the suspects are juveniles and will be tried as adults, according to Senior Patrol Officer Patricia Powell, the Atlanta Police Department’s LGBT liaison.
A date in Superior Court for the six suspects is set for Aug. 2, Powell said.
The six teens are charged with a “bias crime,” the same as a hate crime. While Georgia does not have a state hate crimes law, there is the recently passed federal hate crimes law — the Matthew Shepard and James Byrd Jr. Act. Atlanta Police have asked the FBI to help in the investigation of the crime to determine if it falls under the federal hate crimes statute.
Rev. Josh Noblitt of Saint Mark United Methodist Church and his partner were attacked and robbed by gunpoint in Piedmont Park on July 2. Before they were attacked, the couple was asked by the alleged assailants if they were gay.
"They walked up directly to us and asked, ‘Are y’all gay? Two men laying on a blanket. We ought to beat y’all for that,’” Noblitt told the Georgia Voice.
Noblitt, a social justice minister at his church who works with teens in the criminal justice system, has said he is torn about the age of the suspects.
The fact one of the suspects is only 13 is “heartbreaking,” Noblitt said.
“I’m more sad than angry,” he added. “There’s a story that leads up to a choice being made … and I wonder what the story is for all of them.”
Noblitt held a community picnic on July 18 at the same spot where he was robbed to bring “collective healing” and build new memories in the space.
________________________________________
Daily Report
Tuesday, August 03, 2010
State Supreme Court launches e-filing
By Jonathan Ringel, Managing Editor
The Supreme Court of Georgia on Monday announced that it has begun accepting briefs and filings electronically.
"What we're talking about here is a revolutionary change that is a win-win situation for the Court and for the litigants," said Chief Justice Carol W. Hunstein in a press release. "The parties will save time and money by no longer having to print, copy and deliver paper documents. No more fighting Atlanta traffic to get those documents into our Clerk's office by the 4:30 filing deadline."
Parties still may file paper briefs at the courthouse, according to information about e-filing on the court's website, http://www.gasupreme.us/. The site gives more details about how the process works.
The Court of Appeals launched an e-filing system earlier this year.
Copyright 2010 ALM Media Properties, LLC. All rights reserved.
________________________________________
Monday, August 02, 2010
National Law Journal
NC courthouse has day care, Web for waiting jurors
By Associated Press writer
CHARLOTTE, N.C. (AP) — It's not quite like home, but Mecklenburg County court officers have made jury duty less of a chore for thousands called in from their daily routines.
The juror assembly room in the downtown Charlotte courthouse has free wireless Internet, a business center to catch up on work, a day care center and even a place where mothers can pump breast milk, The Charlotte Observer reported Monday.
There's a 90-minute lunch break and two movies are offered. The courthouse provides free popcorn.
Court officials recognize most people don't look forward to jury duty, so the amenities and services aim to make performing the public obligation more pleasant, outreach administrator Charles Keller said.
Of course, there's another incentive to performing your civic duty: Those who don't show up may have to explain their absence to a judge.
The efforts seem to make a difference.
The benchmark-setting National Center for State Courts says fewer than 5 percent of jurors should be no-shows. In Mecklenburg County, 4 percent of those called from motor vehicle and voter registration records never show up.
"We're doing a pretty good job of making sure people show up," Keller said.
Mecklenburg County calls as many as 8,000 people a month for jury duty. Only about 6,000 have actually sat on a jury this year. The rest either were not selected for a trial or were disqualified in court by defense attorneys or prosecutors.
The Charlotte-area courts also try to thank those who serve.
Last week, the county's judicial district held a juror appreciation week that offered discounts for jurors at restaurants near the courthouse, a jazz ensemble and a celebrity speaker.
The district has made the effort to thank jurors every year for the last decade "to applaud the jurors who support the justice system," a news release said.
Copyright 2010 ALM Media Properties, LLC. All rights reserved.
________________________________________
National Law Journal
What price justice?
Stephen N. Zack
August 02, 2010
Recent news reports tell of a Wall Street recovery and anticipated hiring in the financial sector. Yet for many of us, these indicators of economic improvement have not been felt.
Instead, Americans are grappling with double-digit unemployment, foreclosures that continue to devastate communities and businesses large and small that are still struggling to stay afloat.
One place where business is booming is in our nation's courts. It is no secret that, in times of an economic downturn, court filings go up. The American Bar Association's Coalition for Justice recently released results of a new survey of state court trial judges that affirms that more and more of our friends and neighbors are using our court systems.
More than half the responding judges in the survey reported that their docket filings have increased, with the bulk of the filings coming from foreclosures, domestic relations, consumer issues such as debt and nonforeclosure housing disputes such as rental disputes, in that order.
The courts are being called into service at these high levels at precisely the time when our judiciary — as with other public services — is suffering from budgetary constraints that are being felt by states from coast to coast.
And while states are doing what they can to keep their wheels of justice from grinding to a halt, eight states have resorted to closing courts on certain days every month; 19 states have instituted furloughs. In Vermont, for example, judges and all staff are furloughed one day per month with no pay. In Georgia, the state constitution prohibits lawmakers from lowering the state's Supreme Court justices' pay, but all seven of the justices voluntarily participated in all-staff furloughs through this spring. California has a statewide court-closure program that shuts courtroom doors the third Wednesday of every month.
The National Center for State Courts reports that states have significantly cut judiciary budgets, forcing such cost-saving measures as hiring freezes in 26 states, salary freezes in 12 states, layoffs in 11 states, pay cuts in nine states, early retirement in six states and increased filing fees in six others.
The stress is hitting our federal courts as well. Wall Streets folks may be putting up "Help Wanted" signs, but the Judicial Conference of the United States can't get congressional buy-in for the 69 new federal judgeships it has requested to dispense justice in some districts where caseloads have doubled in the past decade.
Other evidence of the economy's effect on the courts comes from the Administrative Office of the U.S. Courts, which reports that bankruptcy filings are at their highest since 2006. For the 12-month period ending March 31, bankruptcy filings were up 27% compared to filings for that same period the previous year. The majority of the 1.5 million bankruptcy filings involved consumer debt. Filings for business debt totaled 61,148, up 25% from the previous year.
Caseloads are one part of the problem. Another is court procedure — rules that have been implemented to make sure that each party in litigation receives justice. This is a laudable goal; however, the procedures can be complex and challenging, especially for nonlawyers who have not had training in such areas. But the judges responding to the ABA survey report that more people are showing up to present their cases in court without counsel.
Not surprisingly, 62% of the judges said that parties who were not represented by counsel experienced a negative impact on their cases. And the lack of counsel also affected the courts themselves: An astounding 78% of judges said that individuals' lack of representation had a negative impact on the way courts operate. It slows down procedures while judges strive to be fair but still efficient in performing their public responsibilities.
The ripples of our underfunded judiciary extend beyond our courthouses. Our jails, our police departments, our court-related social services — such as domestic violence service centers — are all negatively affected. The results range from a reduction in public safety to prison overcrowding to families and children without support systems in times of crisis.
There is no question that legislators confront hard choices in times of recession, but it is time for our lawmakers to recognize the value of our judicial branch as more than a line item in a budget. A strong judicial branch is essential to maintaining responsible government and protecting citizens' rights.
It is time to ensure that, in a country founded on the rule of law and the principle of access to justice, our judicial branch does not wither under the burden of financial stress.
The financial crisis challenges us all, but it also presents an opportunity for states and courts to find new ways to reduce spending while maintaining an accessible forum for efficient and effective justice. It raises a special obligation for the American Bar Association to provide the strongest advocacy possible for the uncompromised vitality of our judiciary. We ask lawyers everywhere to join that campaign — not for the sake of the lawyers, not for the sake of the judges or the bailiffs or the court reporters. We ask it for the sake of the public, for the future of our democracy and for the rule of law.
Some have, in the past, asked "What price freedom?" Today, the ABA asks, "What price justice?" We must all join together to find the answer.
Stephen N. Zack is administrative partner in the Miami office of Boies, Schiller & Flexner and the incoming president of the American Bar Association.
Rethinking the Politics of Crime
By Greg Berman
Sunday, August 1st, 2010 9:58 pm
Less rhetoric and more attention to research can cool the overheated media climate on criminal justice, argues the Center on Court Innovation’s Greg Berman in a special essay for The Crime Report
Last week, UK Prisons Minister Crispin Blunt gave a wide-ranging speech about criminal justice. Toward the end of his remarks, he devoted a single paragraph to arts programming in prisons, saying, “Arts activities can play a valuable role in helping offenders to address issues such as communication problems and low self-esteem.”For the British tabloid press, Blunt’s endorsement of arts programs for inmates was a gift sent from the slow-summer-news-day gods.
The front page of the Daily Mail heaped scorn on the announcement, declaring: “Now You Pay for Prison Parties: Tory Minister Says Taxpayer Must Fund Balls and Comedy Workshops for Criminals.” The Daily Mirror, summed up the same sentiment in fewer words: “You Clown.”
Moving quickly to halt the damage, 10 Downing Street distanced itself from Blunt. A spokesperson for Prime Minister David Cameron effectively drew a line under the matter, declaring, “We just want to make it clear to the public there will be no such parties.”
In all fairness, Blunt could have easily avoided the whole incident with a quieter approach to change. But while the “prison parties” controversy is of minor consequence and will no doubt soon be forgotten by everyone (save perhaps Crispin Blunt), it does offer a telling example of how an overheated media and political culture complicates criminal justice policymaking.
Risk-Averse Policymakers
It’s as true in the United States as it is in England.
It is fair to say that many American criminal justice officials live in fear of finding themselves in a similar position to Crispin Blunt: out on an island, on the wrong side of the “tough on crime” debate. This understandable fear has broad consequences for the field of criminal justice. Among other things, it creates a risk-averse environment where both policymakers and practitioners are reluctant to challenge the status quo and test new ideas.
This is a problem that Aubrey Fox and I examine in our new book Trial and
Error in Criminal Justice Reform: Learning from Failure (2010: Urban Institute Press). The central argument of the book is that criminal justice officials should adopt a lesson from the field of science, embracing the trial-and-error process and talking more honestly about how difficult it is to change the behavior of offenders and reduce chronic offending in crime-plagued urban neighborhoods.
In an effort to encourage greater reflection within the field of criminal justice, Trial and Error in Criminal Justice Reform tells the stories of several criminal justice programs that have experienced both success and failure, including drug courts, Operation Ceasefire and D.A.R.E. The trials and tribulations of these programs offer a host of important lessons, highlighting the challenges of inter-agency collaboration, the difficulties of managing leadership transitions and
the gap that often exists between criminal justice researchers and practitioners.
Of all the obstacles that bedevil criminal justice reformers, none is more complex than mastering the politics of crime, particularly when the media gets involved.
In the US, there are countless examples of cities and states passing “get tough” legislation quickly on the heels of horrific local tragedies that attracted frenzied media coverage.
Unintended Consequences
These laws, which include truth in sentencing, mandatory minimums and three-strikes-and-you’re-out legislation, often have unintended consequences. For example, California’s efforts to reform its parole system and reduce the unnecessary use of incarceration have been hindered by an array of laws and ballot initiatives that have limited the flexibility and discretion of criminal justice officials.
Thankfully, some places have managed to avoid the fate of California. As we detail in our book, one such example comes from Connecticut, where state legislator Mike Lawlor found himself in the media spotlight in the aftermath of a horrible triple murder committed by two parolees who had been released from prison by the local parole board.
Local papers and elected officials clamored for someone to blame and something to do. Into this vaccum rushed advocates for ‘three-strikes-and-you’re-out” legislation.
Rather than fight this movement head on, Lawlor provided the media with another target: the failure of Connecticut’s criminal justice infrastructure to communicate all of the necessary information about the parolees to the local parole board. By focusing attention on this mistake, Lawlor was able to use the media coverage to help pass nuts-and-bolts technology improvements rather than sweeping sentencing changes.
Of course, understanding the impact of media and political outrage is one thing; actually doing something about it is quite another.
For example, one criminal justice official in the United Kingdom recently acknowledged that even well-thought-out policy is often altered ”at the slightest whiff of criticism from the popular press.” He went on to promise a change from an era of policymaking with “a chequebook in one hand and the Daily Mail in the other.”
The official? None other than Crispin Blunt.
Greg Berman is director of the Center for Court Innovation in New York City
________________________________________
August 2, 2010
New York Times
A Mailroom Mix-Up That Could Cost a Life
By ADAM LIPTAK
WASHINGTON
Sullivan & Cromwell is a law firm with glittering offices in a dozen cities around the world, and some of its partners charge more than $1,000 an hour. The firm’s paying clients, at least, demand impeccable work.
Cory R. Maples, a death row inmate in Alabama, must have been grateful when lawyers from the firm agreed to represent him without charge. But the assistance he got may turn out to be lethal.
When an Alabama court sent two copies of a ruling in Mr. Maples’s case to the firm in New York, its mailroom sent them back unopened.
One envelope had “Return to Sender — Left Firm” written across the front along with a stamp that said “Return to Sender — Attempted Not Known.” The other was stamped with slightly different language: “Return to Sender — Attempted Unknown.”
Two associates handling Mr. Maples’s case had indeed left the firm, but it seems that no one bothered to tell the court or the mailroom that new lawyers there had stepped in. By the time Mr. Maples’s mother called, her son’s time to appeal had run out.
The firm’s name did not appear on the papers it had submitted in Alabama. The reason for that is not clear, but it may have been to avoid offending corporate clients. It certainly added to the confusion in the mailroom.
Sullivan & Cromwell has worked hard to undo the damage, but it has so far failed to persuade the courts to waive the deadline for filing an appeal. After losing in the federal appeals court in Atlanta, the firm persuaded a former United States solicitor general, Gregory G. Garre, to represent Mr. Maples in the Supreme Court.
Last month, Mr. Garre asked the justices to hear the case. The core of his argument — one that might convince a schoolchild if not a federal judge — is that Mr. Maples should not be blamed for a mistake he did not commit.
Variations on Mr. Garre’s argument arrive at the Supreme Court all the time. For the most part, they are rejected, on a theory that is as casually accepted in criminal justice as it is offensive to principles of moral philosophy.
Mr. Maples’s case “is a textbook illustration of why the doctrine of imputing responsibility to the client for a lawyer’s mistake is so out of touch with reality,” said Deborah L. Rhode, an authority on indigent defense and legal ethics at Stanford.
There is substantial evidence that Mr. Maples murdered two companions after a night of drinking. It is less clear that the crime warranted the death penalty, which is said to be reserved for the worst of the worst.
Mr. Maples’s court-appointed trial lawyers were novices at presenting evidence about the appropriate penalty, conceding to the jury that they “may appear to be stumbling around in the dark.” Even so, the jury vote in favor of recommending the death penalty was the bare minimum under Alabama law, 10 to 2.
Alabama is the only state that does not provide all poor death row inmates with lawyers to challenge their convictions and sentences. In an appeals court brief in 2006, the state explained that it relied on fancy firms like Sullivan & Cromwell to handle such cases.
“The overwhelming majority of Alabama death row inmates enjoy the assistance of qualified (and often über-qualified) counsel in collaterally attacking their convictions and sentences,” the state’s lawyers wrote, which is another way of saying that lawyers from prominent firms donate their services to fill the gap left by the state.
In the Maples case, Judge Glenn E. Thompson, of the Circuit Court in Morgan County, Alabama, was not willing to cut the pro bono lawyers before him any slack. He said deadlines were deadlines and ruled that a court clerk was not required to do anything to follow up when life-or-death rulings came back from Sullivan & Cromwell unopened.
“How can a circuit court clerk in Decatur, Ala., know what is going on in a law firm in New York, N.Y.?” Judge Thompson asked.
An Alabama lawyer, John G. Butler Jr., also represented Mr. Maples, and there is no dispute that he received a copy of the crucial ruling.
But Mr. Butler said in a sworn statement that he was Mr. Maples’s lawyer in name only, serving as local counsel because the New York lawyers were not licensed to practice in Alabama. He said he had not passed the ruling along to his co-counsel or to his client.
Nor did the court clerk think to inform the man whose life was at stake. A federal appeals court last year said that was Mr. Maples’s fault. “Maples never requested the clerk to give him personal notice in addition to his counsel,” an unsigned opinion for a divided three-judge panel of the court said.
A spokesman for Sullivan & Cromwell declined to comment on the case, citing the pending Supreme Court petition.
That petition discussed a precedent that might seem instructive.
In 2006, in Jones v. Flowers, the Supreme Court considered what sort of notice must be given when the government wants to sell a home for unpaid taxes. If a letter is returned unopened, Chief Justice John G. Roberts Jr. wrote for the majority, officials must try harder to reach the owner.
“This is especially true,” he wrote, “when, as here, the subject matter of the letter concerns such an important and irreversible prospect as the loss of a house.”
Chicago’s New Face Of Heroin Addiction Is Young, Suburban
The Chicago Tribune visits a University of Illinois at Chicago drug clinic in a story that addresses the city’s dubious standing as having the nation’s most severe heroin problem. The clinic offers clean syringes, HIV tests and other services to those buying $10 baggies of dope on the drug-soaked streets nearby. Some of its patrons are old-timers, weary and bedraggled, their forearms misshapen with the knots and abscesses from years of shooting up. When you imagine an addict, they’re probably what comes to mind.
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
Teens arrested in bias crime against gay pastor to be charged as adults
BY DYANA BAGBY
WEDNESDAY, 28 JULY 2010 16:34
The six male teens arrested in the beating and armed robbery of a gay pastor and his friend in Piedmont Park on July 2 remain in police custody and are slated to have a court hearing Aug. 2. They will all be charged as adults.
The suspects, all facing charges of felony armed robbery, range in ages from 13 through 19. Four of the suspects are juveniles and will be tried as adults, according to Senior Patrol Officer Patricia Powell, the Atlanta Police Department’s LGBT liaison.
A date in Superior Court for the six suspects is set for Aug. 2, Powell said.
The six teens are charged with a “bias crime,” the same as a hate crime. While Georgia does not have a state hate crimes law, there is the recently passed federal hate crimes law — the Matthew Shepard and James Byrd Jr. Act. Atlanta Police have asked the FBI to help in the investigation of the crime to determine if it falls under the federal hate crimes statute.
Rev. Josh Noblitt of Saint Mark United Methodist Church and his partner were attacked and robbed by gunpoint in Piedmont Park on July 2. Before they were attacked, the couple was asked by the alleged assailants if they were gay.
"They walked up directly to us and asked, ‘Are y’all gay? Two men laying on a blanket. We ought to beat y’all for that,’” Noblitt told the Georgia Voice.
Noblitt, a social justice minister at his church who works with teens in the criminal justice system, has said he is torn about the age of the suspects.
The fact one of the suspects is only 13 is “heartbreaking,” Noblitt said.
“I’m more sad than angry,” he added. “There’s a story that leads up to a choice being made … and I wonder what the story is for all of them.”
Noblitt held a community picnic on July 18 at the same spot where he was robbed to bring “collective healing” and build new memories in the space.
________________________________________
Daily Report
Tuesday, August 03, 2010
State Supreme Court launches e-filing
By Jonathan Ringel, Managing Editor
The Supreme Court of Georgia on Monday announced that it has begun accepting briefs and filings electronically.
"What we're talking about here is a revolutionary change that is a win-win situation for the Court and for the litigants," said Chief Justice Carol W. Hunstein in a press release. "The parties will save time and money by no longer having to print, copy and deliver paper documents. No more fighting Atlanta traffic to get those documents into our Clerk's office by the 4:30 filing deadline."
Parties still may file paper briefs at the courthouse, according to information about e-filing on the court's website, http://www.gasupreme.us/. The site gives more details about how the process works.
The Court of Appeals launched an e-filing system earlier this year.
Copyright 2010 ALM Media Properties, LLC. All rights reserved.
________________________________________
Monday, August 02, 2010
National Law Journal
NC courthouse has day care, Web for waiting jurors
By Associated Press writer
CHARLOTTE, N.C. (AP) — It's not quite like home, but Mecklenburg County court officers have made jury duty less of a chore for thousands called in from their daily routines.
The juror assembly room in the downtown Charlotte courthouse has free wireless Internet, a business center to catch up on work, a day care center and even a place where mothers can pump breast milk, The Charlotte Observer reported Monday.
There's a 90-minute lunch break and two movies are offered. The courthouse provides free popcorn.
Court officials recognize most people don't look forward to jury duty, so the amenities and services aim to make performing the public obligation more pleasant, outreach administrator Charles Keller said.
Of course, there's another incentive to performing your civic duty: Those who don't show up may have to explain their absence to a judge.
The efforts seem to make a difference.
The benchmark-setting National Center for State Courts says fewer than 5 percent of jurors should be no-shows. In Mecklenburg County, 4 percent of those called from motor vehicle and voter registration records never show up.
"We're doing a pretty good job of making sure people show up," Keller said.
Mecklenburg County calls as many as 8,000 people a month for jury duty. Only about 6,000 have actually sat on a jury this year. The rest either were not selected for a trial or were disqualified in court by defense attorneys or prosecutors.
The Charlotte-area courts also try to thank those who serve.
Last week, the county's judicial district held a juror appreciation week that offered discounts for jurors at restaurants near the courthouse, a jazz ensemble and a celebrity speaker.
The district has made the effort to thank jurors every year for the last decade "to applaud the jurors who support the justice system," a news release said.
Copyright 2010 ALM Media Properties, LLC. All rights reserved.
________________________________________
National Law Journal
What price justice?
Stephen N. Zack
August 02, 2010
Recent news reports tell of a Wall Street recovery and anticipated hiring in the financial sector. Yet for many of us, these indicators of economic improvement have not been felt.
Instead, Americans are grappling with double-digit unemployment, foreclosures that continue to devastate communities and businesses large and small that are still struggling to stay afloat.
One place where business is booming is in our nation's courts. It is no secret that, in times of an economic downturn, court filings go up. The American Bar Association's Coalition for Justice recently released results of a new survey of state court trial judges that affirms that more and more of our friends and neighbors are using our court systems.
More than half the responding judges in the survey reported that their docket filings have increased, with the bulk of the filings coming from foreclosures, domestic relations, consumer issues such as debt and nonforeclosure housing disputes such as rental disputes, in that order.
The courts are being called into service at these high levels at precisely the time when our judiciary — as with other public services — is suffering from budgetary constraints that are being felt by states from coast to coast.
And while states are doing what they can to keep their wheels of justice from grinding to a halt, eight states have resorted to closing courts on certain days every month; 19 states have instituted furloughs. In Vermont, for example, judges and all staff are furloughed one day per month with no pay. In Georgia, the state constitution prohibits lawmakers from lowering the state's Supreme Court justices' pay, but all seven of the justices voluntarily participated in all-staff furloughs through this spring. California has a statewide court-closure program that shuts courtroom doors the third Wednesday of every month.
The National Center for State Courts reports that states have significantly cut judiciary budgets, forcing such cost-saving measures as hiring freezes in 26 states, salary freezes in 12 states, layoffs in 11 states, pay cuts in nine states, early retirement in six states and increased filing fees in six others.
The stress is hitting our federal courts as well. Wall Streets folks may be putting up "Help Wanted" signs, but the Judicial Conference of the United States can't get congressional buy-in for the 69 new federal judgeships it has requested to dispense justice in some districts where caseloads have doubled in the past decade.
Other evidence of the economy's effect on the courts comes from the Administrative Office of the U.S. Courts, which reports that bankruptcy filings are at their highest since 2006. For the 12-month period ending March 31, bankruptcy filings were up 27% compared to filings for that same period the previous year. The majority of the 1.5 million bankruptcy filings involved consumer debt. Filings for business debt totaled 61,148, up 25% from the previous year.
Caseloads are one part of the problem. Another is court procedure — rules that have been implemented to make sure that each party in litigation receives justice. This is a laudable goal; however, the procedures can be complex and challenging, especially for nonlawyers who have not had training in such areas. But the judges responding to the ABA survey report that more people are showing up to present their cases in court without counsel.
Not surprisingly, 62% of the judges said that parties who were not represented by counsel experienced a negative impact on their cases. And the lack of counsel also affected the courts themselves: An astounding 78% of judges said that individuals' lack of representation had a negative impact on the way courts operate. It slows down procedures while judges strive to be fair but still efficient in performing their public responsibilities.
The ripples of our underfunded judiciary extend beyond our courthouses. Our jails, our police departments, our court-related social services — such as domestic violence service centers — are all negatively affected. The results range from a reduction in public safety to prison overcrowding to families and children without support systems in times of crisis.
There is no question that legislators confront hard choices in times of recession, but it is time for our lawmakers to recognize the value of our judicial branch as more than a line item in a budget. A strong judicial branch is essential to maintaining responsible government and protecting citizens' rights.
It is time to ensure that, in a country founded on the rule of law and the principle of access to justice, our judicial branch does not wither under the burden of financial stress.
The financial crisis challenges us all, but it also presents an opportunity for states and courts to find new ways to reduce spending while maintaining an accessible forum for efficient and effective justice. It raises a special obligation for the American Bar Association to provide the strongest advocacy possible for the uncompromised vitality of our judiciary. We ask lawyers everywhere to join that campaign — not for the sake of the lawyers, not for the sake of the judges or the bailiffs or the court reporters. We ask it for the sake of the public, for the future of our democracy and for the rule of law.
Some have, in the past, asked "What price freedom?" Today, the ABA asks, "What price justice?" We must all join together to find the answer.
Stephen N. Zack is administrative partner in the Miami office of Boies, Schiller & Flexner and the incoming president of the American Bar Association.
Rethinking the Politics of Crime
By Greg Berman
Sunday, August 1st, 2010 9:58 pm
Less rhetoric and more attention to research can cool the overheated media climate on criminal justice, argues the Center on Court Innovation’s Greg Berman in a special essay for The Crime Report
Last week, UK Prisons Minister Crispin Blunt gave a wide-ranging speech about criminal justice. Toward the end of his remarks, he devoted a single paragraph to arts programming in prisons, saying, “Arts activities can play a valuable role in helping offenders to address issues such as communication problems and low self-esteem.”For the British tabloid press, Blunt’s endorsement of arts programs for inmates was a gift sent from the slow-summer-news-day gods.
The front page of the Daily Mail heaped scorn on the announcement, declaring: “Now You Pay for Prison Parties: Tory Minister Says Taxpayer Must Fund Balls and Comedy Workshops for Criminals.” The Daily Mirror, summed up the same sentiment in fewer words: “You Clown.”
Moving quickly to halt the damage, 10 Downing Street distanced itself from Blunt. A spokesperson for Prime Minister David Cameron effectively drew a line under the matter, declaring, “We just want to make it clear to the public there will be no such parties.”
In all fairness, Blunt could have easily avoided the whole incident with a quieter approach to change. But while the “prison parties” controversy is of minor consequence and will no doubt soon be forgotten by everyone (save perhaps Crispin Blunt), it does offer a telling example of how an overheated media and political culture complicates criminal justice policymaking.
Risk-Averse Policymakers
It’s as true in the United States as it is in England.
It is fair to say that many American criminal justice officials live in fear of finding themselves in a similar position to Crispin Blunt: out on an island, on the wrong side of the “tough on crime” debate. This understandable fear has broad consequences for the field of criminal justice. Among other things, it creates a risk-averse environment where both policymakers and practitioners are reluctant to challenge the status quo and test new ideas.
This is a problem that Aubrey Fox and I examine in our new book Trial and
Error in Criminal Justice Reform: Learning from Failure (2010: Urban Institute Press). The central argument of the book is that criminal justice officials should adopt a lesson from the field of science, embracing the trial-and-error process and talking more honestly about how difficult it is to change the behavior of offenders and reduce chronic offending in crime-plagued urban neighborhoods.
In an effort to encourage greater reflection within the field of criminal justice, Trial and Error in Criminal Justice Reform tells the stories of several criminal justice programs that have experienced both success and failure, including drug courts, Operation Ceasefire and D.A.R.E. The trials and tribulations of these programs offer a host of important lessons, highlighting the challenges of inter-agency collaboration, the difficulties of managing leadership transitions and
the gap that often exists between criminal justice researchers and practitioners.
Of all the obstacles that bedevil criminal justice reformers, none is more complex than mastering the politics of crime, particularly when the media gets involved.
In the US, there are countless examples of cities and states passing “get tough” legislation quickly on the heels of horrific local tragedies that attracted frenzied media coverage.
Unintended Consequences
These laws, which include truth in sentencing, mandatory minimums and three-strikes-and-you’re-out legislation, often have unintended consequences. For example, California’s efforts to reform its parole system and reduce the unnecessary use of incarceration have been hindered by an array of laws and ballot initiatives that have limited the flexibility and discretion of criminal justice officials.
Thankfully, some places have managed to avoid the fate of California. As we detail in our book, one such example comes from Connecticut, where state legislator Mike Lawlor found himself in the media spotlight in the aftermath of a horrible triple murder committed by two parolees who had been released from prison by the local parole board.
Local papers and elected officials clamored for someone to blame and something to do. Into this vaccum rushed advocates for ‘three-strikes-and-you’re-out” legislation.
Rather than fight this movement head on, Lawlor provided the media with another target: the failure of Connecticut’s criminal justice infrastructure to communicate all of the necessary information about the parolees to the local parole board. By focusing attention on this mistake, Lawlor was able to use the media coverage to help pass nuts-and-bolts technology improvements rather than sweeping sentencing changes.
Of course, understanding the impact of media and political outrage is one thing; actually doing something about it is quite another.
For example, one criminal justice official in the United Kingdom recently acknowledged that even well-thought-out policy is often altered ”at the slightest whiff of criticism from the popular press.” He went on to promise a change from an era of policymaking with “a chequebook in one hand and the Daily Mail in the other.”
The official? None other than Crispin Blunt.
Greg Berman is director of the Center for Court Innovation in New York City
________________________________________
August 2, 2010
New York Times
A Mailroom Mix-Up That Could Cost a Life
By ADAM LIPTAK
WASHINGTON
Sullivan & Cromwell is a law firm with glittering offices in a dozen cities around the world, and some of its partners charge more than $1,000 an hour. The firm’s paying clients, at least, demand impeccable work.
Cory R. Maples, a death row inmate in Alabama, must have been grateful when lawyers from the firm agreed to represent him without charge. But the assistance he got may turn out to be lethal.
When an Alabama court sent two copies of a ruling in Mr. Maples’s case to the firm in New York, its mailroom sent them back unopened.
One envelope had “Return to Sender — Left Firm” written across the front along with a stamp that said “Return to Sender — Attempted Not Known.” The other was stamped with slightly different language: “Return to Sender — Attempted Unknown.”
Two associates handling Mr. Maples’s case had indeed left the firm, but it seems that no one bothered to tell the court or the mailroom that new lawyers there had stepped in. By the time Mr. Maples’s mother called, her son’s time to appeal had run out.
The firm’s name did not appear on the papers it had submitted in Alabama. The reason for that is not clear, but it may have been to avoid offending corporate clients. It certainly added to the confusion in the mailroom.
Sullivan & Cromwell has worked hard to undo the damage, but it has so far failed to persuade the courts to waive the deadline for filing an appeal. After losing in the federal appeals court in Atlanta, the firm persuaded a former United States solicitor general, Gregory G. Garre, to represent Mr. Maples in the Supreme Court.
Last month, Mr. Garre asked the justices to hear the case. The core of his argument — one that might convince a schoolchild if not a federal judge — is that Mr. Maples should not be blamed for a mistake he did not commit.
Variations on Mr. Garre’s argument arrive at the Supreme Court all the time. For the most part, they are rejected, on a theory that is as casually accepted in criminal justice as it is offensive to principles of moral philosophy.
Mr. Maples’s case “is a textbook illustration of why the doctrine of imputing responsibility to the client for a lawyer’s mistake is so out of touch with reality,” said Deborah L. Rhode, an authority on indigent defense and legal ethics at Stanford.
There is substantial evidence that Mr. Maples murdered two companions after a night of drinking. It is less clear that the crime warranted the death penalty, which is said to be reserved for the worst of the worst.
Mr. Maples’s court-appointed trial lawyers were novices at presenting evidence about the appropriate penalty, conceding to the jury that they “may appear to be stumbling around in the dark.” Even so, the jury vote in favor of recommending the death penalty was the bare minimum under Alabama law, 10 to 2.
Alabama is the only state that does not provide all poor death row inmates with lawyers to challenge their convictions and sentences. In an appeals court brief in 2006, the state explained that it relied on fancy firms like Sullivan & Cromwell to handle such cases.
“The overwhelming majority of Alabama death row inmates enjoy the assistance of qualified (and often über-qualified) counsel in collaterally attacking their convictions and sentences,” the state’s lawyers wrote, which is another way of saying that lawyers from prominent firms donate their services to fill the gap left by the state.
In the Maples case, Judge Glenn E. Thompson, of the Circuit Court in Morgan County, Alabama, was not willing to cut the pro bono lawyers before him any slack. He said deadlines were deadlines and ruled that a court clerk was not required to do anything to follow up when life-or-death rulings came back from Sullivan & Cromwell unopened.
“How can a circuit court clerk in Decatur, Ala., know what is going on in a law firm in New York, N.Y.?” Judge Thompson asked.
An Alabama lawyer, John G. Butler Jr., also represented Mr. Maples, and there is no dispute that he received a copy of the crucial ruling.
But Mr. Butler said in a sworn statement that he was Mr. Maples’s lawyer in name only, serving as local counsel because the New York lawyers were not licensed to practice in Alabama. He said he had not passed the ruling along to his co-counsel or to his client.
Nor did the court clerk think to inform the man whose life was at stake. A federal appeals court last year said that was Mr. Maples’s fault. “Maples never requested the clerk to give him personal notice in addition to his counsel,” an unsigned opinion for a divided three-judge panel of the court said.
A spokesman for Sullivan & Cromwell declined to comment on the case, citing the pending Supreme Court petition.
That petition discussed a precedent that might seem instructive.
In 2006, in Jones v. Flowers, the Supreme Court considered what sort of notice must be given when the government wants to sell a home for unpaid taxes. If a letter is returned unopened, Chief Justice John G. Roberts Jr. wrote for the majority, officials must try harder to reach the owner.
“This is especially true,” he wrote, “when, as here, the subject matter of the letter concerns such an important and irreversible prospect as the loss of a house.”
Chicago’s New Face Of Heroin Addiction Is Young, Suburban
The Chicago Tribune visits a University of Illinois at Chicago drug clinic in a story that addresses the city’s dubious standing as having the nation’s most severe heroin problem. The clinic offers clean syringes, HIV tests and other services to those buying $10 baggies of dope on the drug-soaked streets nearby. Some of its patrons are old-timers, weary and bedraggled, their forearms misshapen with the knots and abscesses from years of shooting up. When you imagine an addict, they’re probably what comes to mind.
These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.
For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.
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