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GEORGIA BAR MEDIA and JUDICIARY CONFERENCE February 22, 2019 10190 AGENDA

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GEORGIA BAR MEDIA and JUDICIARY CONFERENCE February 22, 2019 10190 AGENDA 28TH ANNUAL GEORGIA BAR MEDIA AND JUDICIARY CONFERENCE February 22, 2019 10190 AGENDA 8:30 REGISTRATION AND CONTINENTAL 10:30 PUBLIC TRUST AND THE COURTS: NEW RULES BREAKFAST (All attendees must check in upon FOR PUBLIC ACCESS arrival. A jacket or sweater is recommended.) An exploration of the Georgia judiciary’s perspective on balancing the goals of maintaining orderly court 9:00 NEW TIMES, NEW TESTS FOR THE MEDIA: rooms while ensuring the public has open access KEEPING PUBLIC TRUST IN A POLARIZED to the judicial process, especially as technology WORLD: A presentation on best practices for continues to evolve and become ever more reporting the news-and consuming it—in an era of ubiquitous. The discussion will have a particular post-truth politics. Audience participation especially emphasis on Uniform Superior Court Rules 21 and invited. 22, including the recent process of revising Rule 22 Lead Presentation: and the courts’ implementation of the new rule in Samira Jafari, Executive Editor, CNN, Atlanta the months since it went into effect. Organizers: 9:30 BUILDING NEW TRUST IN GOVERNMENT?: Sarah A. Brewerton-Palmer, Caplan Cobb LLP, THE CITY OF ATLANTA TAKES A FRESH Atlanta STEP TOWARDS TRANSPARENCY THAT MAY Thomas M. “Tom” Clyde BECOME A NATIONAL MODEL Moderator: Organizer: Ed Bean, Poston Communications, Atlanta Thomas M. “Tom” Clyde, Kilpatrick Townsend & Panelists: Stockton LLP, Atlanta Hon. David E. Nahmias, Justice, Supreme Court of Moderator: Georgia, Atlanta Christopher G. Walker, Greenberg Traurig LLP, Hon. Gregory A. Adams, Judge, DeKalb County Atlanta Superior Court, Decatur Panelists: Hon. Shawn E. LaGrua, Judge, Fulton County Michael A. Caplan, Caplan Cobb LLP, Atlanta Superior Court, Atlanta Kristen B. Denius, City of Atlanta Department of Law, Atlanta 11:15 TALKING ABOUT HISTORY: BURIED TRUTHS Jennifer Colangelo, Georgia Department of Law, BRINGS NEW TOOLS TO BEAR IN PODCASTING Atlanta GEORGIA’S PAST J. Scott Trubey, AJC, Atlanta A behind-the-scenes look at how the popular podcast Buried Truths uncovers new truths about 10:15 BREAK Georgia’s difficult past on matters of racial injustice, particularly in law-enforcement and the courts, and how a potent new federal law should vastly improve access to civil rights cold case records. Host: Hank Klibanoff, Emory University, Atlanta Dave Barasoain, WABE, Atlanta Je-Anne Berry, WABE, Atlanta 12:00 SPECIAL LUNCH PROGRAM 2:00 TRUST, CIVILITY AND FREE SPEECH ON AND THEN THEY CAME FOR ME: LAW, JUSTICE CAMPUS AND THE HOLOCAUST A Fred Friendly-style examination of the issues and For the first time in Georgia, a presentation and tensions roiling the academy like never before. discussion that has been captivating audiences Interlocutors/Organizers: in 40 states for more than a decade: Judges Richard Griffiths, Georgia First Amendment were among those inside Germany who might Foundation, Atlanta have effectively challenged Hitler’s authority, the Frank LoMonte, Brechner Center for Freedom of legitimacy of the Nazi regime, the hundreds of laws Information, Gainesville, FL that restricted political freedoms and civil rights, Panelists to include: and the guarantees of property and security. And Cheryl Elliott, Emory University Police Department, yet the overwhelming majority did not. This close Atlanta scrutiny of the past provides a framework for a Anthony Hightower, Senior Legal Advisor, Augusta debate on the role of the judiciary in the United University, Augusta States today: What is the responsibility of judges Maggie Holland, Editor-in-Chief, The Red & Black, to the legal system as a whole? What have been the Athens challenges to a fair and impartial administration of Bill McDonald, Dean of Students, University of justice in the United States today? What can judges Georgia, Athens do to ensure that the kinds of failures that led to the Jonathan Peters, Columbia Journalism Review, Holocaust do not happen here? Athens Organizer and Facilitator: Jonathan Ringel, Daily Report, Atlanta 3:00 TRUST AND THE ADMINISTRATION OF Presenter and Discussion Leader: ELECTIONS: Wm. Frederick Meinecke, Jr., United States WHAT WILL CHANGE WHEN GEORGIA VOTES IN Holocaust Memorial Museum Washington, D.C. 2020 Organizer: Shawn McIntosh, AJC, Atlanta Moderator: Mark Niesse, AJC, Decatur Panelists: Chris Harvey, Georgia Secretary of State’s Office, Atlanta Allegra J. Lawrence-Hardy, Lawrence & Bundy LLC, Atlanta Cynthia Willingham, Rockdale County Board of Elections, Atlanta 4:00 WABE’S POLITICAL BREAKFAST LIVE On the record – off the clock. Veteran Atlanta political reporter Denis O’Hayer hosts a conversation between strategists from the right and the left. Democratic strategist Tharon Johnson and Republican strategist Brian Robinson bring their personalities and passion to the table for an informed, respectful and lively discussion. They spar, they delve into topics others avoid, and they give credit where it’s due. Organizer: Ken Foskett, AJC, Decatur 5:00 POST-CONFERENCE RECEPTION SPONSORS • CNN • ACLU of Georgia • American Constitution Society, Georgia Chapter • Atlanta Journal-Constitution • Atlanta Press Club • Bryan Cave LLP • Caplan Cobb LLP • Council of State Court Judges • Council of Superior Court Judges • Daily Report • Georgia First Amendment Foundation • Greenberg Traurig, LLP • Jones Day • Judicial Council / Administrative Office of the Courts • Kilpatrick Townsend & Stockton LLP • Poston Communications LLC • State Bar of Georgia PLANNING COMMITTEE • Peter Canfield, Chair; Jones Day • David Armstrong, Georgia News Lab • Hon. Anne Elizabeth Barnes, Georgia Court of Appeals • Ed Bean, Poston Communications LLC • Sarah Brewerton-Palmer, Caplan Cobb LLP • Kathy Brister, KB Media • Nsenga Burton, Emory University • Michael Caplan, Caplan Cobb LLP • Tom Clyde, Kilpatrick Townsend & Stockton LLP • Sarah Coole, State Bar of Georgia • Cynthia Counts, Duane Morris LLP • Jennifer Davis, Georgia Defense Lawyers Assoc. • Hon. Susan Edlein, Fulton Co. State Court • Ken Foskett, The Atlanta Journal-Constitution • Lesli Gaither, Kilpatrick Townsend & Stockton LLP • Richard T. Griffiths, Georgia First Amendment Foundation • Jane Hansen, Supreme Court of Georgia • Megan Hodgkiss, Hodgkiss Consulting LLC • Hon. Lynwood D. Jordan, Forsyth Probate Court • Hank Klibanoff, Emory University • Frank LoMonte, The Brechner Center • Hon. Hollie Manheimer, Magistrate Judge, DeKalb County • John McCosh, McCosh Communications • Shawn McIntosh, The Atlanta Journal-Constitution • Amber Philogene, Jones Day • Don Plummer, Episcopal Diocese of Atlanta • Hyde Post, Hyde Post Communications • Jonathan Ringel, Daily Report • Eric Schroeder, Bryan Cave LLP • Drew Shenkman, CNN • Hon. Rucker Smith, Chief Judge, Southwestern Jud. Cir. • Ashley Stollar, State Bar of Georgia • Ron Thomas, Morehouse College • Hon. Pinkie Toomer, Fulton Probate Court • Christopher Walker, Greenberg Traurig LLP • Shannon Weathers, Council of Superior Court Judges • Stephanie Wilson, State Bar of Georgia Table of Contents Political Breakfast with Denis O’Hayer 5 Building New Trust in Government 6 New Times, New Tests for the Media 31 Trust, Civility and Free Speech on Campus 50 Legal Synopses and Updates 55 Buried Truths 150 Public Trust and the Courts 189 ​ ​ Trust and the Administration of Elections 273 And Then They Came For Me 304 Copyright © 2018 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education’s publications are intended to provide current and accurate information on designated subject matter. They are offered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice. Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the efforts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily reflect the opinions of the Institute of Continuing Legal Education, its officers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. This publication was created to serve the continuing legal education needs of practicing attorneys. ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring a competent attorney or other professional. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Although the publisher and faculty have made every effort to ensure that the information in this book was correct at press time, the publisher and faculty do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence,
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