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Maintaining Judicial Independence in Drug Courts

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Er!'Wyr "Iir & Maintaining Judicial Independence in Drug Courts 06-08GBJ_Cover.indd 1 5/22/2008 9:12:32 AM ( 3 3 44 ) 1 ? 4 1, 0 ( .3 ' 37 $ 1 0 [ 3A ! 37 $ 3@ 4 [ 4 ( 4 4 5 4 6 4 5 [ 3 4 5 0 - 1 A " 37 $ = 1 3A 0 1 3 B 4C : + D 1 1 E 0 0 [ 3 6 7 4 4 4 4 0 50 C : 4 0 5 $ [ 3 3 4 6 4 $3 0 $ 0 $ 4 7 E 3 J '&&K 5 5 5 5 5 7 5 @ 4 3 43 1 . $$ 43 1 . $ 4 @ 4 5 = 5 = 1 4 6 50 33 / . $$ 33 / . $ 4 33 )(, 1 50 @ @ 4 3= 43 6 /E (3 5 F G 9 3 3 4 (3 1 3 6 3 5 @ 7 @ ( 5 F 6 3 5 ( @ D 0 D 5 33 5 . $ 4 ;6 4 5 /7 . 5 3 /7 . < / 3 4 0 4 @ 7 ) 4 4 . \ 4 4 51, 4 9 I1 . $$ I1 . $ 4 $$ ) @ , 7 < . 33 . 4 1 43 . 4 6 4 . 8 /E 8 4 8= 3 . $$ 8= 3 . $ 4 0 ( 4 3 ( 4 6 3 14 / 3 @ 4 7 3 3 1 4 4 7 6 / $ 1 1 3 : 43 4 : ; 4 ( 3 5 $ 3 8= 5 )0 0 $ 1, ( 3 )< 76 4 , ( ( 3 ) 1, 8//9'!&+>"!&+ 0 1 $ [ 3 0 4 4 1 $ 1 4 5 ) $ 6 7 , 6 5 31 7 74 1 73 4 $ $ 8 8 9 33 3 1 # # !"!# # $ !%%&' # ( )*+", -!-.%%%! / '.***.+#+.'%-% 06-08GBJ_Cover.indd 2 5/22/2008 9:12:38 AM 06-08gbj.qxp 5/22/2008 12:40 PM Page 1 June 2008 Volume 13 Number 7 GBJ Legals 42 14 Law Day Rules 14 Maintaining Judicial in Glynn County! Independence in Drug Courts by Linda T. Muir by Hon. Jeffrey S. Bagley GBJ Fiction GBJ Features 46 22 The Dark Part of the Road State Bar Celebrates Successful by Lisa Siegal 2008 General Assembly by Mark Middleton Departments 4 From the President 26 6 From the Executive Director 22 17th Annual Georgia Bar Media & Judiciary Conference 10 From the YLD President by Stephanie J. Wilson 56 Bench & Bar 32 62 Office of the General 28 Counsel Vladivostok Memories by Nicholas A. Lotito 64 Lawyer Discipline 68 Law Practice Management 32 70 South Georgia Office The Monroe County Pro Bono Honor Roll Courthouse at Forsyth: 72 The Grand Old Courthouses 76 Section News of Georgia 78 Casemaker by Wilber W. Caldwell 80 Writing Matters 34 82 Professionalism Page 2007 Annual Review of Case 86 In Memoriam 38 Law Developments Georgia 88 CLE Calendar Corporate and Business 92 Notices Organization Law 95 Classified Resources by Thomas S. Richey 46 96 Advertisers Index 38 What’s in Your Client’s Employee Handbook? A Guide to Ensuring Compliance with Georgia Law by Gina M. Cook 06-08gbj.qxp 5/22/2008 12:40 PM Page 2 State Bar of Georgia We’re here for you! Law Practice Management Program The Law Practice Management Program is a mem- ber service to help all Georgia lawyers and their employees put together the pieces of the office man- agement puzzle. Whether you need advice on new computers or copiers, personnel issues, compensa- tion, workflow, file organization, tickler systems, library materials or software, we have the resources and training to assist you. Feel free to browse our online forms and article collections, check out a book or videotape from our library, or learn more about our on-site management consultations and training sessions, 404-527-8772. Consumer Assistance Program The Consumer Assistance Program has a dual pur- pose: assistance to the public and attorneys. CAP responds to inquiries from the public regarding State Bar members and assists the public through informal methods to resolve inquiries which may involve minor violations of disciplinary standards by attorneys. Assistance to attorneys is of equal is importance: CAP assists attorneys as much as possi- ble with referrals, educational materials, sugges- help onlya tions, solutions, advice and preventive information to help the attorney with consumer matters. The program pledges its best efforts to assist attorneys in making the practice of law more efficient, ethical and professional in nature, 404-527-8759. Lawyer Assistance Program call, This free program provides confidential assistance to Bar members whose personal problems may be interfering with their ability to practice law. Such or problems include stress, chemical dependency, fam- click ily problems, and mental or emotional impairment, 800-327-9631. Fee Arbitration The Fee Arbitration program is a service to the gen- e-mail eral public and lawyers of Georgia. It provides a convenient mechanism for the resolution of fee dis- putes between attorneys and clients. The actual arbitration is a hearing conducted by two experi- away. enced attorneys and one non-lawyer citizen. Like judges, they hear the arguments on both sides and decide the outcome of the dispute. Arbitration is impartial and usually less expensive than going to court, 404-527-8750. 404-527-8700 ■ 800-334-6865 ■ www.gabar.org 06-08gbj.qxp 5/22/2008 12:40 PM Page 3 Editorial Board Quick Dial Donald P. Boyle Jr. Attorney Discipline 800-334-6865 ext. 720 Editor-in-Chief 404-527-8720 Robert Henry Beer Felipe Manuel Nunez Consumer Assistance Program 404-527-8759 Erika Clarke Birg Olivia Orza Conference Room Reservations 404-527-8712 Fee Arbitration 404-527-8750 Clayton Owen Carmack Jason Pedigo CLE Transcripts 404-527-8710 Linda Gail Carpenter Susan Lee Rutherford Diversity Program 404-527-8754 Charles Madden Cork III Paul Gregory Sherman ETHICS Helpline 800-682-9806 Bridgette Eckerson Robert R. Stubbs 404-527-8741 Georgia Bar Foundation/IOLTA 404-588-2240 John Michael Gross Martin Enrique Valbuena Georgia Bar Journal 404-527-8736 Ann A. Hammenecker Kristin H. West Lawyer Assistance Program 800-327-9631 Jennifer Carpenter Kane Pamela Y. White-Colbert Lawyers Foundation of Georgia 404-659-6867 Law Practice Management 404-527-8773 Ronald Arthur Lowry Gerry Lee Williams Law-Related Education 404-527-8785 Diane Marger Moore Membership Records 404-527-8777 Meetings Information 404-527-8790 Executive Committee Liaison Pro Bono Project 404-527-8763 Jonathan A. Pope Professionalism 404-225-5040 Sections 404-527-8774 Advisor Unlicensed Practice of Law 404-526-8603 Marcus D. Liner Young Lawyers Division 404-527-8778 Editors Emeritus Manuscript Submissions Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 The Georgia Bar Journal welcomes the submission of unsolicited legal manuscripts on topics of interest to the Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 State Bar of Georgia or written by members of the State Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (including endnotes) and on letter-size D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 paper. Citations should conform to A UNIFORM SYSTEM OF CITATION (18th ed. 2005). Please address unsolicited William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 articles to: Donald P. Boyle Jr., State Bar of Georgia, Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 Editorial Board’s decision regarding publication. Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 The Georgia Bar Journal welcomes the submission of news William L. Bost Jr., 91-93 about local and circuit bar association happenings, Bar members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Officers of the State Bar of Georgia to: Sarah I. Coole, Director of Communications, 104 Gerald M. Edenfield President Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Jeffrey O. Bramlett President-Elect Jay Cook Immediate Past President Disabilities If you have a disability which requires printed S. Lester Tate III Treasurer materials in alternate formats, please contact the ADA Bryan M. Cavan Secretary coordinator at 404-527-8700 or 800-334-6865. Elena Kaplan YLD President Headquarters Josh Bell YLD President-Elect 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Jonathan A. Pope YLD Past President 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Internet at www.gabar.org. Communications Committee South Georgia Office Nancy Jean Whaley Chairperson 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Communications Staff 800-330-0446, 229-387-0446, FAX 229-382-7435 Sarah I. Coole Director Publisher’s Statement Jennifer R. Mason Assistant Director The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, Derrick W. Stanley Section Liaison December) with a special issue in November by the State Stephanie J. Wilson Administrative Assistant Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. ©State Bar of Georgia 2008. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and addi- tional mailing offices. Opinions and conclusions expressed The opinions expressed in the Georgia Bar Journal in articles herein are those of the authors and not necessar- are those of the authors. The views expressed herein ily those of the Editorial Board, Communications Committee, Officers or Board of Governors of the State Bar are not necessarily those of the State Bar of Georgia, of Georgia. 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