An audit that cuts nearly half of Atlanta's nine municipal court judges for a projected savings of $2.3 million has been called insulting and unfair by those on the bench.
The performance audit determined that five judges and less staff could handle the regular caseload over 25 hours per week.
"It is atrocious," said Municipal Judge Andrew Mickle. “How do you quantify justice? You just can’t do that. Hours on the bench tells you next to nothing."
City Auditor Leslie Ward contends bench time tells a lot when analyzing a municipal court, indicating that most judges do almost all of their work in court, handling traffic tickets and petty crimes, with few written opinions required.
On Tuesday, the council's public safety committee will discuss the audit in what Ward and the judges expect will be a contentious session.
The audit, which covered fiscal 2008-2010, found the judges averaged two minutes per case over the first six months of last year. Court time ranged from two hours per day for then-Chief Judge Deborah Greene, who has retired, to five hours for Judge Clinton Deveaux, who presides over a special community court. As a group, the judges averaged 11 hours per week.
“The number of cases in court would have to double to keep the judges we have busy,” Ward said.
All nine judges, the city solicitor and interim head public defender each signed a written letter rebuking the auditor.
"The audit is inaccurate, incomplete and improperly focused, and was not conducted in accordance with generally accepted court performance and evaluation standards," Chief Judge Crystal Gaines wrote. "It should have looked at how well our court has done its work."
The Atlanta City Council, which increased the budget for the court, solicitor and public defender by $1.8 million and added 21 new positions this fiscal year, requested the audit. Gaines lobbied for an increase in staff for all nine courtrooms.
Gaines said the auditors should have assessed the municipal court with the same standards used for Superior Court, which handles major civil litigation and felonies. Ward said the courts have little in common.
Councilman Ivory Young, public safety committee chair, won't challenge the audit's accuracy but he questioned whether it justified slashing staff. He said the council and mayor put the judicial branch at a disadvantage by severely cutting court, solicitor and public defender staff several years ago.
“I’m not going to be enthusiastic about a total dismantling of our court system because we haven't had a year yet since our investment was made," Young said. “I think the judges could be more efficient, but Judge Gaines is increasing the amount of time she is requiring her judges to sit on the bench. There is a shift in the culture.”
At the same time, Young doesn't favor replacing judges who retire. Deveaux plans to leave the bench this year; Mickle hopes to step down in the near future.
”We need to challenge the judges that remain to produce," Young said.
Gaines' and the council's control is limited because the judges are independent; the mayor appoints them and they're on the ballot in retention elections. They don't face opponents but the public can remove them, though none has been forced out in recent times. A judge's removal would require not funding a position when a four-year term ended. "You can't just can a judge," Ward said.
The city courts have had past controversy over work habits. Before then-Mayor Shirley Franklin folded the Atlanta traffic court into the municipal court in 2006 and cut judge positions from 18, the traffic court often had retired judges filling in. Carson Shafer made $300,000 in two years as a substitute judge, calling it his hobby.
The public will not appreciate the results if the council implements the auditor's suggestion, Mickle said.
"People complain about their waits now; with five judges, it would be horrific,” he said. “I believe it is important to have more judges than not enough. If you are going to cut something, cut parks."
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