RESTYLING GEORGIA COURTS - OR HOW TO HATCH A MODERN COURT SYSTEM

• NCJ Number: 56583
• Journal: Judicature Volume: 59 Issue: 6 Dated: (JANUARY 1976) Pages: 282-287
• Author(s): T M SIMPSON
• Date Published: 1976
• Length: 6 pages
• Corporate Author: Visage Press, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ROLE OF THE GOVERNOR'S COMMISSION ON JUDICIAL PROCESSES AND THE JUDICIAL COUNCIL IN THE REFORM OF GEORGIA'S COURT SYSTEM IS EXAMINED.

Abstract

IN 1960, THERE WERE 37 SUPERIOR COURT CIRCUITS AND 53 SUPERIOR COURT JUDGES IN GEORGIA, AND THE NUMBERS OF BOTH WERE GRADUALLY INCREASING. THERE WERE ALSO TWO APPELLATE COURTS, THE STATE SUPREME COURT AND THE COURT OF APPEALS WITH NUMEROUS LESSER COURTS BENEATH THEM. TWO EVENTS APPEARED TO HAVE INITIATED REFORMS IN THE 1960'S: (1) IN 1962 AND 1963, THE GEORGIA BAR BAR ASSOCIATION MADE A CONCERTED EFFORT TO ESTABLISH A UNIFIED BAR; AND (2) IN 1966, THE STATE BAR JOINED WITH THE AMERICAN JUDICATURE SOCIETY IN SPONSORING A CITIZEN'S CONFERENCE ON GEORGIA'S JUDICIAL SYSTEM. THE ELECTION OF JIMMY CARTER AS GOVERNOR IN 1970 FURTHER CATALYZED MORE EXTENSIVE REFORMS, INCLUDING THE ESTABLISHMENT OF THE GOVERNOR'S COMMISSION ON JUDICIAL PROCESSES WHICH FOCUSED ON A LEGISLATIVE PROGRAM WITH TWO PARTS, A CONSTITUTIONAL AMENDMENT TO ESTABLISH A UNIFIED JUDICIAL SYSTEM AND A STATUTE TO CREATE A JUDICIAL COUNCIL AND AN ADMINISTRATIVE OFFICE OF COURTS. AFTER THIS PROGRAM HAD BEEN ACHIEVED, THE GOVERNOR'S COMMISSION PASSED ITS LEADERSHIP TO THE JUDICIAL COUNCIL, WITH THE PRIMARY OBJECTIVE OF CREATING A JUDICIAL NOMINATING COMMISSION. THE COMMISSION, HOWEVER, WAS ESTABLISHED BY EXECUTIVE ORDER EVEN BEFORE THE GOVERNOR'S COMMISSION WAS OPERATIONAL. THE PRIMARY PROBLEM IN REFORMING GEORGIA'S COURT SYSTEM HAS BEEN POORLY ORGANIZED COURTS WITH WEAK ADMINISTRATIVE LEADERSHIP. PROGRESS HAS BEEN MADE SINCE 1971 IN ESTABLISHING A UNIFIED COURT SYSTEM, EVEN THOUGH TRIAL COURTS ARE STILL NUMEROUS AND DIFFER SUBSTANTIALLY IN THEIR PROCEDURES. A SATISFACTORY MEANS FOR SELECTING JUDGES HAS BEEN DEVELOPED. CHANGES IN THE MEMBERSHIP OF THE STATE SUPREME COURT HAVE RESOLVED THE PROBLEM OF NARROW INTERPRETATION OF RULES, AND THE JUDICIAL COUNCIL HAS BEEN IMPORTANT IN GUIDING ADMINISTRATIVE POLICYMAKING AND IN PROVIDING SERVICES TO THE COURT SYSTEM AND TO INDIVIDUAL COURTS. FURTHER REFORM INITIATIVES ARE DISCUSSED. (DEP)