Georgia Bar Journal (404) 527-8736 Editor-In-Chief Lawyer Assistance Program (770) 612-1122 (800) 327-9631 Scott Fain Bertschi W
Total Page:16
File Type:pdf, Size:1020Kb
December 2002 Volume 8 Number 3 Non-discriminatory Jury Selection in Georgia Quick Dial Attorney Discipline (800) 334-6865 ext. 720 (404) 527-8720 Consumer Assistance Program (404) 527-8759 Conference Room Reservations (404) 527-8712 Fee Arbitration (404) 527-8750 December 2002 Volume 8 Number 3 CLE Transcripts (404) 527-8710 Diversity Program (404) 527-8754 ETHICS Hotline (800) 682-9806 (404) 527-8741 Editorial Board Georgia Bar Foundation/IOLTA (404) 588-2240 Rebecca Ann Hoelting Georgia Bar Journal (404) 527-8736 Editor-in-Chief Lawyer Assistance Program (770) 612-1122 (800) 327-9631 Scott Fain Bertschi W. Fray McCormick Lawyers Foundation of Georgia (404) 659-6867 Elizabeth Lee Branch E. Peyton Nunez Law Practice Management (404) 527-8772 Erin Reynolds Chance Erick H. Rock Membership Records (404) 527-8777 Charles Madden Cork III Cynthia B. Smith Meetings Information (404) 527-8790 Lynda Carney Crum John I. Spangler III Pro Bono Project (404) 527-8763 Professionalism (404) 225-5040 John Michael Gross Robert R. Stubbs Sections (404) 527-8774 Michelle Wilkins Johnson Jerre Bailey Swann Jr. Unauthorized Practice of Law (404) 527-8743 Sarah Howard Lamar Kristin H. West Young Lawyers Division (404) 527-8778 Marcus D. Liner Pamela Y. White-Colbert Manuscript Submissions Advisors The Georgia Bar Journal welcomes the submission of Theodore Harris Davis Jr. unsolicited legal manuscripts on topics of interest to D. Scott Murray the State Bar of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 Marisa Anne Pagnattaro pages, double-spaced (including endnotes) and on let- ter-size paper. Citations should conform to A UNIFORM Editors Emeritus SYSTEM OF CITATION (17th ed. 2000). Please address unsolicited articles to: Rebecca Ann Hoelting, State Bar Marisa Anne Pagnattaro, 01-02 L. Dale Owens, 87-89 of Georgia, Communications Department, 104 D. Scott Murray, 00-01 Donna G. Barwick, 86-87 Marietta St. NW, Suite 100, Atlanta, GA 30303. William Wall Sapp, 99-00 James C. Gaulden Jr., 85-86 Authors will be notified of the Editorial Board’s deci- Theodore H. Davis Jr., 97-99 Jarry B. Blackstock, 84-85 sion regarding publication. L. Brett Lockwood, 95-97 Steven M. Collins, 82-84 The Georgia Bar Journal welcomes the submission of Stephanie B. Manis, 93-95 Walter M. Grant, 79-82 news about local and circuit bar association happen- William L. Bost Jr., 91-93 Stephen E. Raville, 77-79 ings, Bar members, law firms and topics of interest to Charles R. Adams III, 89-91 Robert H. Walling, 75-77 attorneys in Georgia. Please send news releases and other information to: Joe Conte, Director of Communications, 104 Marietta St. NW, Suite 100, Officers of the State Bar of Georgia Atlanta, GA 30303; phone: (404) 527-8736; James B. Durham President [email protected]. William D. Barwick President-Elect Robert D. Ingram Secretary Disabilities George Robert Reinhardt Jr. Treasurer If you have a disability which requires printed materi- James B. Franklin Immediate Past President als in alternate formats, please contact the ADA coor- Derek J. White YLD President dinator at (404) 527-8700 or (800) 334-6865. Andrew W. Jones YLD President-Elect Headquarters Peter J. Daughtery YLD Past President 104 Marietta St. NW, Suite 100 Atlanta, GA 30303 Communications Committee (800) 334-6865 (404) 527-8700 FAX (404) 527-8717 William H. Dodson II Chairperson www.gabar.org Aasia Mustakeem Vice-Chairperson South Georgia Office 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Communications Staff (800) 330-0446 (912) 387-0446 FAX (912) 382-7435 Joe Conte Director Robin E. Dahlen Assistant Director Sarah I. Bartleson Communications Coordinator December 2002 Volume 8 Number 3 Legal 19 Natural Gas Deregulation in Georgia: A Market in Transition By Charles T. Autry and Roland F. Hall On the Cover Features Striking Out in the Batson Box: A Guide to 28 Historic Law School Hosts 2002 Fall BOG Meeting Non-ddiscriminatory Jury By Robin E. Dahlen Selection in Georgia 31 State Bar Expects Another Productive Legislative Year The Batson challenge in jury By Mark Middleton selection is misunderstood 34 Georgia Bar Foundation Awards $2.3 Million in Grants by many in the field. By Len Horton Edward D. Tolley and 35 Cumulative IOLTA Revenues Surpass $50 Million Jason J. Carter address By Len Horton the issue on page 12. 38 East Meets West: Georgia Delegation Explores China By George Mundy 41 Three Governors: Herman Talmadge, the Georgia Supreme Court and the Gubernatorial Election of 1946 Departments By Lucian Emery Dervan 46 The Grand Old Courthouses of Georgia: 4 From the President The Henry County Courthouse at McDonough 8 From the Executive Director By Wilber W. Caldwell 10 From the YLD President Publisher’s Statement 48 Bench & Bar The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (bi-monthly) by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. © State Bar of Georgia 2002. One copy 52 Office of the General Counsel of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-mem- bers. Single copies: $6. Periodicals postage paid in Atlanta, GA. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the Editorial Board, 53 Lawyer Discipline Communications Committee, Officers or Board of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement does not imply endorsement 55 Law Practice Management of any product or service offered. POSTMASTER: Send address changes to same address. 58 South Georgia Office 59 Pro Bono Page Advertisers Index 60 Section News AAA Attorney Referral Service. 29 Insurance Specialists, Inc. 33 ANLIR . 51 John Rubio, ELPDG . 6 63 In Memoriam Arthur Anthony. 43 LexisNexis . IFC Best Law Firm Solutions . 45 Litchfield Plantation . 17 65 CLE Calendar Butterfield, Reimer & Associates . 42 Mainstreet . 47 Daniels-Head Insurance . 15 Merchant & Gould . IBC 71 Notices Daniel Turner Builders . 23 Mitchell Kaye Valuation . 11 DSI Technology . 57 Real Estate Exchange Services. 9 72 Classified Resources Georgia Lawyers Insurance Co. 2 SoftPro Corporation. 21 Gilsbar, Inc.. 7 South Georgia ADR Service, LLC . 5 Golden Lantern . 61 West Group. 25, 37, 72, BC Gregory Connor . 44 By James B. Durham Indigent Defense: President Responsibility and Reform “ It is the policy of this state to provide the constitutional guarantees of the right to counsel and equal access to the courts to all its citizens in Icriminal cases.” This is the policy of the state of Georgia as set forth in from the the Georgia Indigent Defense Act adopted in 1979. The State Bar of Georgia supported this policy prior to 1979, in 1979 and continues to support it today. The legislature further states that it is the policy of this state to provide: ade- quate defense services for indigent defense persons accused of a crime; ade- quate compensation for counsel who represent indigent defense persons accused of a crime; and guidelines to ensure indigent persons receive a fair trial. In addition, the state sought to ensure the independence of counsel when representing indigents and accepted the responsibility for funding the As lawyers, we indigent defense system. It should be a goal of all Georgia lawyers to assist need to educate our state in attaining the policies and principles promulgated in this act. the public and Unfortunately, more than 20 rized into two broad areas — inad- years after the enactment of the equate funding and a lack of uni- remind them of statute, the goals set forth have not formity in the quality of legal serv- been fully achieved. Although ices delivered. the importance of attorneys and Superior Court Individual counties bear the pri- judges throughout the state have mary responsibility for funding indigent persons worked diligently to achieve the indigent defense in this state. goals of the act, they have not Indigent defense is a constitutional- having equal always had access to the necessary ly mandated public responsibility resources. There are a number of and should be fully funded by the access to our issues concerning the quality of the state that authorized it. As a result delivery of legal services to indi- of the state of Georgia not accepting legal system. gent persons accused of a crime, the funding responsibility, there are and these problems can be catego- discrepancies throughout the state 4 Georgia Bar Journal in funding levels. These disparities lead to claims of ineffective assis- mended level. Three years ago, in in some areas of the state result in tance of counsel and a depletion of another jurisdiction, a single con- inadequate resources to fund indi- resources for new trials. One coun- tract defender handled 685 cases gent defense appropriately and ty incurred expenses totaling (felonies and misdemeanors). adequately. In addition, individual $256,519.46 to retry a single death United States District Court Judge counties oversee the manner in penalty case. This equaled more Marvin Shoob has ordered Fulton which the delivery of legal services than 10 percent of the county’s County to meet the caseload limits are provided. Although many anticipated revenue for that year. of Guideline 6.1, the only instance counties do an excellent job of pro- The Supreme Court of Georgia where that guideline has been viding indigent defense, with 159 Guideline 6.1, which tracks the made mandatory for a county. counties and 159 potentially differ- caseload recommendations estab- The need for indigent defense ent delivery systems, the risk of dis- lished by the American Bar reform is, unfortunately, all too crepancies in the quality of the serv- Association in 1973, recommends a apparent.