Where’s the judge?

Governor delays state court opening in Catoosa

Missing a court date can be costly for individuals, but rarely to the extent that Catoosa County taxpayers are now being penalized — about $100,000 per month.

The process of opening a Catoosa County State Court that begun in 2014 was to have concluded on July 1, 2016.

But that has not happened and it is uncertain when the first case will be heard in the state’s newest court.

In the meantime, traffic cases can no longer be tried in probate court but are instead assigned to state court. But Catoosa’s state court, with chambers that occupy a secure area that formerly housed the coroner’s offices, currently exists in name only.

Gov. Nathan Deal has yet to appoint a judge. Additionally, the advertisement for a solicitor general, necessary to set the court’s calendar, was sent to members of the state bar association this month with applications being accepted through July 15.

“I know that the process is moving,” said Bob Bray, executive director of the Council of State Court Judges, when asked about Catoosa’s quandary. “The delay will only mean that there will be a lot of work for the new court once it opens its doors.”

Superior Court Clerk Tracy Hullender Brown, whose office has served the state and juvenile courts for years, said her office is prepared to assume duties for the state court.

“Everything is in place,” she said. “We are awaiting the appointment of our judge and solicitor.”

State law stipulates that limited jurisdiction courts are funded

solely by city or county governments. What this means is that a court projected to generate annual revenues of between $1.5 million and $2.5 million in less than two years of being fully operational now is instead a financial drain, with its uncollected fines and staffing expenses.

Brown said the clerk’s office is collecting fines and fees for those who decide not to go to trial.

But for those contesting charges, more than two months have passed since the last traffic cases were assigned to probate court and none have been

before a judge since early June.

State court will have limited jurisdiction. There will be no jury trials, but the court will enable a high volume of less complex criminal cases to go to trial rather than be dismissed out of hand due to limited resources by both the public prosecutor’s and defender’s offices to assign misdemeanor cases to Superior Court.

Much of the caseload is expected to consist of traffic-related arrests or citations. Officials have estimated a cost of about $500,000 annually to staff and operate the state court but expect the court to

generate as much as $2.5 million in fines and fees each year.

A full-time state court judge is paid 90 percent of a superior court judge’s salary and a full-time solicitor, whose role is comparable to a district attorney’s but only for prosecution of misdemeanors, is paid a salary 85 percent of the state court judge.

Walker County, which has no interstate highway that would generate a high volume of traffic-related arrests for misdemeanor infractions such as speeding, brings into about $1 million annually, Bray said.