After an investigation by The Augusta Chronicle on the use of senior judges, the state's Superior Court judges, governor and members of the General Assembly are considering changes.
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The Chronicle's Dec. 5 story detailed a lack of financial oversight into payments to retired judges; that other, similarly sized states paid a fraction of what Georgia taxpayers do for this service; and that there's rarely a correlation between the amount of time senior judges work in various judicial circuits and the caseloads in those circuits.
Georgia's Superior Court judges gather next week for their semi-annual seminar, and the use of senior judges will be debated.
When they return, the governor's office will want to hear what they have decided, according to the governor's spokesman.
After the newspaper's article, the Council of Superior Court Judges appointed a committee to examine changing the way retired judges in Georgia are called back into service, said Molly Perry, the council's director.
The committee will review the laws governing senior judges, and the process and procedures. It is expected to include many interrelated elements - from how senior judges document their time, to the expense and appointment procedure, Ms. Perry said.
For nearly a week, Gov. Sonny Perdue delayed granting retired judges their senior status. Spokesman Shane Hix said the governor was concerned about the efficient use of taxpayers' money. The law says the governor must sign the senior judges' appointments, but it doesn't require the governor to sign in any specific period.
Those waiting at the end of December, such as Judge Albert M. Pickett of the Augusta Judicial Circuit, were left without any judicial authority. However, Mr. Perdue signed the appointments Jan. 4.
Mr. Hix said the governor will wait to hear the Superior Court judges' proposals for change before taking any steps.
The new appropriations chairman of the Georgia House - Ben Harbin, R- Evans - said legislators don't want to jump in front of the governor on the issue if his staff already has done research and is ready to propose legislation that is fair to the budget, taxpayers and judges.
"But we do understand that we've got some problems there that need to be addressed, and I think you're going to see us address them," Mr. Harbin said.
Rep. Sue Burmeister, R-Augusta, said it is still very early in the session and many items are still up in the air. However, she said representatives and senators intend to examine the questions raised by The Chronicle's investigation of senior judgeships. She said she expects the Senate would take the lead in presenting any necessary legislation.
All states and federal judiciaries make use of retired judges to fill in for sitting judges in emergencies and when the number of cases outgrows the ability of the judges to efficiently handle workloads. Using senior judges is supposed to be cost-effective.
In North Carolina, Virginia and Michigan - states with populations similar to Georgia's - taxpayers paid less than $700,000 to senior judges last year. Georgia taxpayers paid $2.4 million last year.
In the other states, requests for the assistance are funneled through a central state office, and the retired judges generally work only for short periods, rarely for full weeks.
Georgia law allows chief judges to decide when to call in a senior judge, and they may call one to work permanently. In some judicial circuits in Georgia, such as the Augusta circuit, senior judges work nearly full time.
According to an order signed by Chief Judge William M. Fleming Jr. on Jan. 6, that will continue in the Augusta circuit.
"Whereas, the business and workload of the courts of the Augusta Judicial Circuit requires permanent assistance of additional judges ... Albert M. Pickett and Bernard J. Mulherin Sr. be and are hereby designated and appointed to handle all cases and businesses of the court ... These appointments are to be considered permanent in nature,'' the order reads.
Last year, Senior Judge Mulherin, who retired at the end of 1998, was the top earner among the state's senior judges. Counting retirement benefits, county supplemental pay and his senior judge's expenses, Judge Mulherin made $206,340. The majority of his time, 83 percent, was spent in the Augusta circuit.
Morris News Service writer Vicky Eckenrode contributed to this article.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
What's next:
Georgia's Superior Court judges will hear proposals next week for changing the way senior judges are called back to service. The governor and the General Assembly await the council's answer.
