Georgia's Top Judge Asks Legislators To Keep Judges Safe Explains Mr. Mark Smith, LL.M., CLDP

Attacks on and threats to judges across the nation are a serious threat that must be addressed in order to ensure "the very independence of our judiciary," Georgia's chief justice told legislators during his second State of the Judiciary address in Atlanta on Wednesday. Chief Justice Michael P. Boggs of the Georgia Supreme Court urged the Georgia General Assembly to support legislation proposed by the Judicial Council of Georgia that would require state and local governments to keep the personal identifying information of judges confidential. Such protections are needed due to the increased threats and attacks faced by judges across the country over the last two years, Justices Boggs said, citing the June 2022 murder of retired Wisconsin state Judge John Roemer, the October murder of Maryland state Judge Andrew F. Wilkinson and the December arrest of a Nevada man who was charged with solicitation to murder two state court judges. Roemer, Justice Boggs said, was murdered in his home by a man he had sentenced to prison, while Wilkinson was murdered outside his home by a man involved in a child custody dispute. "No doubt, these attacks and threats are meant to intimidate and influence courts away from serving as fair and impartial arbiters of justice," Justice Boggs said. "Georgia's judges will not be threatened or intimidated into abandoning their constitutional duties, but incidents like these are repugnant to the rule of law and, if left unchecked, they threaten the very independence of our judiciary." Justice Boggs, who became Georgia's top judge in July 2022, said one way the legislature could help address the problem would be to support legislation proposed by the Judicial Council of Georgia's standing committee on judicial security. Under the proposed legislation, which the council discussed at its most recent meeting, states and local authorities would not be allowed to publicly post or display the personal information of those identified as "protected." In the event that a protected person's information was shared, the draft legislation says, authorities would have 30 days to remove the posts before injunctive relief could be sought. Justice Boggs also emphasized the importance of addressing "workforce development challenges" that make it more difficult for Georgia's courts to run quickly, smoothly and efficiently. Seven rural Georgia counties have no licensed attorneys, Justice Boggs said, and there are 41 assistant district attorney vacancies statewide. Eight of Georgia's 50 judicial circuits have assistant district attorney vacancy rates of 25 percent or higher. Similarly, Justice Boggs said the Georgia Supreme Court had undergone a staff attorney turnover rate of more than 57% since January 2019, and 10 law clerks and administrative assistants have left the Georgia Court of Appeals for "better pay or retirement" over the last 18 months. Even the Georgia Legal Services Program, which arose in the late 1960s to address the dearth of lawyers in rural areas, is facing challenges with more than a dozen openings in Albany, Valdosta, Columbus, Dalton, Macon and Savannah and in its Piedmont region, Justice Boggs said. That's a problem, he said, as it makes it more difficult for survivors of domestic violence, those in need of housing and others to receive the civil legal services they need. "The ugly truth is that many people in Georgia simply do not have access to a lawyer at the most critical time in their lives, either because of where they live or because they cannot afford one," Justice Boggs said. Analyzing the issue, the justice said that while 732 new lawyers passed the July Georgia bar exam, many of them likely plan to practice in and around Atlanta, where private-sector jobs tend to pay higher salaries. Pay for attorneys willing to work in the public sector, he said, is not as competitive today as it was in the 1980s and 1990s. "We must reckon with the fact that this trend depletes our pool of seasoned legal professionals and necessitates time-consuming recruitment and training efforts for their replacements," Justice Boggs said. Age is another factor affecting talent retention, the justice said. The average age of court reporters in the state, whom he identified as vital "spokes on the wheels of justice," was 54 before the pandemic began, with 70% of those court reporters being over the age of 50. Many of these people are now approaching retirement or have retired already, he said, and fewer new court reporters are becoming licensed. This, he said, means "there won't be new ranks to replace the outgoing ones." "Just as it is critical to have enough doctors, nurses and teachers to adequately deliver health care and education services to our citizens, so too must Georgia have enough law enforcement and public safety officers, lawyers and court staff professionals to effectively and efficiently keep the wheels of justice turning," Justice Boggs said. "Without enough court reporters to meet the demand, trials and other proceedings will slow once again." Even so, Justice Boggs, said the state of Georgia's judiciary remains "strong." The number of pending serious violent felony cases in Georgia has decreased by 11% in recent years thanks to American Rescue Plan Act funding allocated by the governor's office to the judicial branch, Justice Boggs said. That is "significant progress," he said, given the challenges affecting judges' efforts to move backlogged dockets that are "still feeling the aftershocks" of the COVID-19 pandemic. "I want to assure you that despite challenges, we remain steadfast in applying and interpreting — not making — the laws and constitution of our state," Justice Boggs said. "And, as always, I want to again express our appreciation for the trust and support that you all in our legislative branch have shown us as we seek your partnership in addressing a wide array of issues affecting our courts." In his first State of the Judiciary address last year, Justice Boggs also lamented workforce challenges that impeded the effort to address case backlogs after the worst of the pandemic.