♪♪ >>> WHEN YOU HAVE A SITUATION WHERE YOU HAVEN'T BEEN ABLE TO HAVE JURY TRIALS FOR A YEAR, THAT'S BIG.

THAT MEANS THERE ARE SOME INDIVIDUALS WHO ARE WAITING FOR TRIAL, IN JAIL, FOR A YEAR, UNDER THE PRESUMPTION OF BEING INNOCENT UNTIL PROVEN GUILTY.

>> GEORGIA SUPREME COURT CHIEF JUSTICE HAROLD MELTON TALKING ABOUT THE BACKLOG OF CASES FOR JURY TRIALS.

GOOD EVENING, AND WELCOME TO "LAWMAKERS" ON THIS LEGISLATIVE DAY 13.

I'M DONNA LOWRY IN ATLANTA.

WE'LL HEAR MORE FROM JUSTICE MELTON LATER IN THE SHOW.

HE SAT DOWN WITH ME TO TALK ABOUT A WIDE RANGE OF TOPICS, SUCH AS WHEN JURY TRIALS MIGHT RESUME, HOW THE COURTS WILL TACKLE THE BACKLOG, AND WHAT WILL IT TAKE TO GET JURORS TO RETURN TO COURTROOMS?

WE'LL ALSO HAVE SOME LAWMAKERS WHO ARE WORKING ATTORNEYS TALK ABOUT THE FUTURE OF THE JUDICIAL SYSTEM FROM THEIR PERSPECTIVE.

>>> IN OTHER NEWS, SOME LAWMAKERS WANT TO LIMIT HOW LONG THEY CAN SERVE IN THE GENERAL ASSEMBLY.

AND THERE COULD BE A BIPARTISAN COMPROMISE ON ONE OF THE ELECTION REFORM BILLS.

>>> BUT FIRST, THE GOVERNOR ANNOUNCED A PLAN TO PROVIDE INTERNET SERVICE TO 80,000 CUSTOMERS OF ELECTRIC SERVICES IN 18 COUNTIES IN NEED OF BETTER BROADBAND.

OUR CAPITOL CORRESPONDENT BRENDA WATERS JOINS US FROM THE CAPITOL WITH MORE.

AND BRENDA, THIS IS GOOD NEWS FOR A LOT OF PEOPLE, ISN'T IT?

>> Reporter: DONNA, IT'S GOOD NEWS.

IT'S HUGE, A HUGE ANNOUNCEMENT BY THE GOVERNOR, THE LIEUTENANT GOVERNOR, AND THE SPEAKER OF THE HOUSE.

PARTS OF GEORGIA THAT WERE UNSERVED NOW HAVE THE HOOK-UP.

I'M TALKING ABOUT HIGH-SPEED INTERNET.

THE ANNOUNCEMENT WAS MADE IN A CROWDED CAPITOL ROTUNDA WITH ALL OF THE PLAYERS IN ATTENDANCE.

>> I'M PROUD TO ANNOUNCE THAT CENTRAL GEORGIA EMC AND SOUTHERN RIVERS ENERGY WILL FORM A NEW PARTNERSHIP WITH CONNECTION TO PROVIDE HIGH-SPEED INTERNET TO 80,000 HOMES AND BUSINESSES THROUGHOUT 18 COUNTIES IN MIDDLE GEORGIA.

[ APPLAUSE ] >> Reporter: IT'S A PARTNERSHIP WITH AN OVERALL INVESTMENT OF MORE THAN $210 MILLION.

IT INCLUDES CENTRAL GEORGIA ELECTRIC MEMBERSHIP CORPORATION, SOUTHERN RIVERS ENERGY CONNECTION, AND MONROE COUNTY.

>> WE'RE NOT TALKING A STEP FORWARD.

THIS IS A LEAP.

THIS INVESTMENT OF MORE THAN $200 MILLION WILL BRING THE LATEST GENERATION OF FIBER-OPTIC, HIGH-SPEED BROADBAND TO THE DOORSTEP OF EVERY EMC MEMBER IN THIS REGION.

>> Reporter: A FULL-SERVICE FIBER BROADBAND PROVIDER WILL DESIGN AND BUILD NEARLY 70,000 MILES OF FIBER NETWORK.

SO, WHEN WILL ALL THIS BEGIN?

WITHIN THE NEXT FOUR YEARS, STARTING AS EARLY AS JUNE.

THERE IS A RESOLUTION SPONSORED BY SENATOR GREG DOLEZAL THAT PROPOSES TO LIMIT THE TERMS OF STATE REPRESENTATIVES AND STATE SENATORS.

SENATE RESOLUTION 37 NEVER LEFT THE GOVERNMENT OVERSIGHT COMMITTEE TODAY.

IT WAS SOLELY UP FOR DISCUSSION.

THIS IS WHAT IT WOULD ENTAIL.

>> WE CHANGE THE TERM TO A FOUR-YEAR TERM STARTING IN 2024.

WE KEEP THE HOUSE IN TWO YEARS, WE TERM LIMIT BOTH CHAMBERS TO 12 YEARS.

>> Reporter: WHEN ASKED WHY HE WANTS TO LIMIT TERMS, SENATOR DOLEZAL QUOTED MARK TWAIN.

>> ELECTED OFFICIALS ARE LIKE DIAPERS, THEY SHOULD BE CHANGED EVER SO OFTEN FOR THE SAME REASON.

>> Reporter: SENATOR DOLEZAL SAYS THIS ISN'T SOMETHING LAWMAKERS SHOULD DECIDE.

IT SHOULD BE DETERMINED BY VOTERS.

>> WHAT WE FOUND IS THAT VOTERS SUPPORT TERM LIMITS.

REPUBLICANS SUPPORT TERM LIMITS.

DEMOCRATS SUPPORT TERM LIMITS.

INDEPENDENTS SUPPORT TERM LIMITS.

WE JUST CAN'T GET THESE BILLS TO THE FLOOR TO HAVE THE POLITICIANS VOTE ON TERM LIMITS, BUT ULTIMATELY, IT'S A WAY TO RETURN POWER TO THE PEOPLE, BECAUSE ULTIMATELY, THERE'S A LOT OF INFLUENCE PEDDLING THAT CAN'T HAPPEN HAVE YOU HAVE CAREER POLITICIANS.

>> Reporter: BUT SENATOR KIM JACKSON HAS SOME WORRIES.

>> AS A FRESHMAN, I HAVE TURNED TO SENATORS WHO HAVE BEEN SERVING FOR 18, 22, 30 YEARS, AND THEIR INSTITUTIONAL KNOWLEDGE HAS BEEN ABSOLUTELY INVALUABLE.

SO WHEN WE TALK ABOUT TERM-LIMITING FOLKS, I AM CONCERNED ABOUT THE LOSS OF INSTITUTIONAL KNOWLEDGE AND ALSO CONCERNED, HONESTLY, ABOUT STAFF HAVING EVEN MORE POWER.

>> Reporter: SENATE BILL 5 SPONSORED BY SENATOR KIRKPATRICK HAS PASSED THE SENATE FLOOR.

NOW, THIS BILL WOULD PUT IN PLACE PROTECTION MEASURES FOR PATIENTS UNDERGOING SEDATION IN CERTAIN SETTINGS.

SENATOR KIRKPATRICK SPOKE ABOUT THE LOSS OF TWO PEOPLE IN HER COUNTY.

>> THE PATIENT SAFETY BILL.

IT RELATES TO CONSCIOUS SEDATION IN THE OUTPATIENT SETTING, INCLUDING MEDI SPAS, MEDICAL AND DENTAL OFFICES.

THIS BILL RESULTED FROM THE DEATH OF TWO YOUNG WOMEN IN MY COUNTY HAVING COSMETIC SURGERY IN A MEDI SPA.

CURRENTLY, THERE ARE GUIDELINES IN PLACE BY THE MEDICAL AND DENTAL BOARDS, BUT THEY FIND OUT ABOUT THESE CASES AFTER THE FACT.

>> LAST WEEK, WE TOLD YOU ABOUT HOUSE BILL 270 PASSING OUT OF THE COMMITTEE WITH REPRESENTATIVE BARRY FLEMMING HEADING THAT COMMITTEE ON ELECTION INTEGRITY.

WELL, THAT BILL COULD GET AMENDED WITH CHANGES DEMOCRATS ARE ASKING FOR.

>> SPEAKER, AFTER NEGOTIATIONS WITH THE MINORITY WHIP WILKINSON, I WOULD ASK THAT HOUSE BILL 270 BE RECOMMITTED TO THE SPECIAL COMMITTEE ON ELECTION INTEGRITY SO WE CAN AMEND THE BILL AND GAIN HIS SUPPORT.

>> WE'LL SEE WHAT HAPPENS IN ROUND TWO OF THIS COMMITTEE.

AND WE EXPECT TO SEE THE AMENDED BUDGET ON THE SENATE FLOOR TOMORROW.

THAT'S MY CAPITOL REPORT, DONNA.

BACK TO YOU.

>> THANK YOU, BRENDA.

LOTS OF GOOD INFORMATION.

>>> NOW WE'RE GOING TO SPEND THE REST OF THE SHOW EXAMINING GEORGIA'S COURT SYSTEM UNDER A PANDEMIC.

I HAD THE CHANCE TO SIT DOWN WITH THE CHIEF JUSTICE OF THE GEORGIA SUPREME COURT, HAROLD MELTON.

I ASKED WHY -- I STARTED BY ASKING ABOUT HIS EXTENSION YESTERDAY OF THE STATEWIDE COVID-19 JUDICIAL EMERGENCY ORDER TO SUSPEND JURY TRIAL.

HE EXTENDED THE ORDER EVERY 30 DAYS SINCE LAST MARCH, BUT HE THINKS CONDITIONS MIGHT IMPROVE, AND SOME JURY TRIALS COULD RESUME NEXT MONTH.

>> WELL, THAT SUNDAY ORDER WILL MAINTAIN PRETTY MUCH THE COURSE OF CONDUCT AS IS RIGHT NOW, WITH THE EXCEPTION THAT WE ARE SIGNALING OUR HOPE, OUR DESIRE, OUR EXPECTATION TO BE ABLE TO OPEN UP JURY TRIALS STATEWIDE IN OUR NEXT ORDER, WHICH WOULD COME OUT ON MARCH 9th.

>> OKAY, SO, YOU HAVE TO GO EVERY 30 DAYS.

>> CORRECT, UNDER THE STATUTE, EVERY 30 DAYS.

>> AND WHAT HAS THAT BEEN LIKE, THIS EVERY 30-DAY PROCESS?

>> WE'VE GOTTEN INTO A RHYTHM.

WE'VE GOTTEN INTO A RHYTHM OF HAVING OUR INTERNAL MEETINGS AND THEN HAVING MEETINGS WITH THE JUDICIAL COUNCIL, WHICH WAS OUR GOVERNING COURT OPERATIONS ORGANIZATION THAT HAS REPRESENTATIONS FROM ALL JUDGES ACROSS THE STATE.

SO, WE MEET WITH THEM IN ADVANCE, BUT IT KEEPS OUR CONVERSATION GOING, KEEPS OUR CONVERSATION CURRENT BASED ON WHATEVER'S HAPPENING.

AND SO, IT'S BEEN A VERY COLLABORATIVE EXERCISE THAT INVOLVES LEADERSHIP ON OUR COURT AND THE LEADERSHIP THROUGHOUT THE JUDICIARY STATEWIDE.

>> FOR PEOPLE WHO DON'T UNDERSTAND, WHAT HAS HAPPENED?

THAT FIRST JUDICIAL ORDER THAT CAME OUT LAST MARCH, WHAT HAS HAPPENED IN THAT TIME SINCE?

>> SO, THE FIRST THING THAT ORDER DID WAS SHUT DOWN COURT OPERATIONS TO THE BARE BONES.

WE DID NOT CLOSE.

WE DID NOT CLOSE COURTS, BECAUSE THERE ARE CORE FUNCTIONS THAT THE COURTS HAD TO MAINTAIN AND HAVE TO MAINTAIN, REGARDLESS OF CIRCUMSTANCES.

SO, REGARDLESS OF WHAT KIND OF COURT YOU'RE TALKING ABOUT, THEY ALL STAYED OPEN, BUT THEY DID PEAR DOWN TO THE MOST BASIC FUNCTIONS.

SO IT'S THAT TIME THAT WE FOCUSED ON HOW TO IMPROVE OPERATIONS AND ADAPT OPERATIONS TO THE PANDEMIC, THE COURTS HAVE BEEN BUILDING BACK SERVICES.

WE WERE ABLE TO -- AT LEAST WE THOUGHT WE WERE ABLE TO OPEN UP JURY TRIALS IN OCTOBER.

THE NUMBERS WENT UP IN DECEMBER, AND WE HAD TO BACK DOWN ON THAT.

SO, WE CLOSED DOWN JURY TRIALS IN DECEMBER, AND THAT'S WHAT WE'RE LOOKING AT TRYING TO OPEN UP AGAIN IN OUR MARCH ORDER.

>> AND SO, IN MARCH, WE MIGHT SEE SOME JURY TRIALS, BUT WE MAY NOT SEE THEM IN THE SAME WAY THAT WE'VE SEEN THEM IN THE PAST.

ARE THERE SOME THINGS THAT YOU HOPE THAT ARE IN PLACE BECAUSE OF THE PANDEMIC WE'RE UNDER?

>> WELL, WE MORE THAN HOPE THEY'RE IN PLACE.

WE'VE INSISTED THAT THEY BE IN PLACE.

WE HAD A COVID TASK FORCE THAT CAME UP WITH GUIDELINES, AND WE HAVE ISSUED ORDERS, COURT ORDERS, THAT OUTLINE WHAT THOSE GUIDELINES ARE.

THOSE GUIDELINES GOVERN THE COURTS, AND THEY REQUIRE THE COURTS TO COME UP WITH THEIR PLANS.

AND THEY HAVE TO HAVE THOSE PLANS IN PLACE BEFORE THEY GO THROUGH JURY TRIALS.

AND THOSE PLANS COVER EVERYTHING FROM WHERE THEY PARK, HOW THEY WALK IN, HOW THEY LINE UP TO GO THROUGH SECURITY, HOW YOU RIDE THE ELEVATORS, HOW MANY PEOPLE ARE IN THE ELEVATORS, WALKING THROUGH THE HALLS, RESTROOMS, CLEANING UP AFTER EVERYBODY HAS LEFT, AND THEN THE COURT, ITSELF.

SEATING, DISTANCING, THE JURY ROOMS, JUDGES, MASKS, VENTILATION, YOU NAME IT.

SO, THOSE PLANS HAVE TO BE IN PLACE AND ARE IN PLACE IN EVERY PLACE THAT WILL BE OPENING UP FOR JURY TRIAL.

>> I NOTICED YOU MENTIONED, THERE ARE SOME ESSENTIAL OPERATIONS THAT HAVE BEEN TAKING PLACE.

WHAT HAS -- HOW HAVE THEY BEEN ABLE TO TAKE PLACE?

UNDER ZOOM?

EXPLAIN THE CONDITIONS.

>> THE FUNCTIONS HAVE VARIED IN TERMS OF HOW THEY'VE BEEN ABLE TO DO THAT.

VIDEO TECHNOLOGY HAS BEEN A BIG PART OF THAT.

WE'VE URGED OUR COURTS FROM THE BEGINNING TO DO WHATEVER THEY CAN THROUGH VIDEO, WHEREVER POSSIBLE.

BUT THERE HAVE BEEN TIMES WHERE THEY'VE HAD TO OPERATE IN A SEPARATE LOCATION, WHERE THERE'S BEEN A WIDESPREAD CONTAMINATION IN A PARTICULAR COURTHOUSE.

THEY'VE GONE TO A DIFFERENT FACILITY ALTOGETHER.

WE'VE SAID, EVEN IF YOU HAVE TO OPEN UP THE FRONT DOOR AND STICK A BUCKET IN FRONT OF THE DOOR AND PUT YOUR FILES IN THAT BUCKET, THEN KICK IT ACROSS THE ROOM TO OPERATE, DO THAT.

SO, EVERYTHING RANKING FROM KICKING THE BUCKET ACROSS THE FLOOR TO VIDEO CONFERENCING HAS BEEN UTILIZED AS A MEANS TO KEEP COURTS OPERATING.

THERE HAVE BEEN PEOPLE WHO HAVE BEEN AVAILABLE BY PHONE FROM THEIR OWN HOME SO CITIZENS COULD CALL THE JUDGE OR THE COURT OFFICIALS, EVEN AT THEIR HOMES, JUST TO KEEP THE OPERATIONS GOING.

>> WELL, WE SEE ACRYLIC DIVIDERS?

WILL WE SEE A CHANGE IN THE SYSTEMS THAT OPERATE IN TERMS OF WHAT WE'RE BREATHING?

WILL WE SEE THOSE KINDS OF THINGS?

>> YOU'LL SEE EVERYTHING.

YOU'LL SEE THE ACRYLIC DIVIDERS.

YOU'LL SEE MASKS.

YOU'LL SEE WHERE THE PARTIES NORMALLY SIT, SITTING IN COMPLETELY DIFFERENT LOCATIONS.

YOU MAY SEE A WHOLE COURTROOM FILLED UP WITH NOTHING BUT JURORS.

AND THEN THE WITNESSES, THE AUDIENCE PARTICIPATION TAKING PLACE IN A COURTROOM RIGHT NEXT DOOR, DOWN THE HALL, OR WHEREVER ELSE IT MAY BE.

A LOT OF CREATIVE THOUGHT GOING IN ALL ACROSS THE STATE, BASED ON WHAT FACILITIES ARE AVAILABLE, WHAT RESOURCES ARE AVAILABLE.

BUT THEY'RE GOING TO DO WHAT IT TAKES TO GET THE BALL MOVING AGAIN.

THERE ARE SOME THINGS THAT I THINK WE WILL CONTINUE TO DO, EVEN AFTER THE PANDEMIC ENDS.

WE HAD A TRADITION OF, FOR EXAMPLE, BUSSING INMATES FROM THE JAIL TO THE COURTHOUSE TO HAVE PRELIMINARY HEARINGS OF SOME SORT IN CRIMINAL CASES.

WE'VE LEARNED HOW TO DO THAT VIA VIDEO.

THERE IS NOT MUCH VALUE NOW IN PACKING PEOPLE INTO THE BUSES.

AND WE'RE GOING TO LEARN.

WE'RE GOING TO LEARN TO BE ABLE TO CONDUCT SOME HEARINGS VIA VIDEO.

THERE ARE TIMES WHEN ATTORNEYS PROBABLY SHOULDN'T HAVE TO DRIVE FROM SAVANNAH TO ATLANTA FOR A STATUS CONFERENCE ON A CASE WHERE A JUDGE SAYS, HEY, HOW ARE WE LOOKING?

WHAT'S THE SCHEDULE TOWARDS BEING READY FOR TRIAL?

CLIENTS SHOULDN'T HAVE TO PAY FOR THAT.

AN ABILITY TO DO THAT FROM YOUR OFFICE MAKES A WHOLE LOT OF SENSE.

WE SHOULD HAVE THOUGHT ABOUT IT BEFORE, FRANKLY.

>> YEAH.

I HAVE TO TALK ABOUT THE BACKLOG.

>> YES.

>> HOW BAD IS IT?

>> WELL, FOR MANY OF OUR CLASSES OF COURT, IT'S NOT BAD.

BUT FOR OUR TRIAL COURTS, OUR SUPERIOR AND STATE COURTS THAT HAVE CRIMINAL CASES, IT'S BAD, AND THAT'S -- IT'S MEANINGFULLY BAD.

YOU KNOW, COURTS HAVE STRUGGLED TO GET TO JURY TRIALS UNDER ORDINARY CIRCUMSTANCES.

WHEN YOU HAVE A SITUATION WHERE YOU HAVEN'T BEEN ABLE TO HAVE JURY TRIALS FOR A YEAR, THAT'S BIG.

THAT MEANS THERE ARE SOME INDIVIDUALS WHO ARE WAITING FOR TRIAL, IN JAIL FOR A YEAR, UNDER THE PRESUMPTION OF BEING INNOCENT UNTIL PROVEN GUILTY.

SO, THAT IMPRESSES UPON US THE NEED TO GET MOVING AS QUICKLY AS POSSIBLE, BUT WE COUNT ON OUR CITIZENS TO BE WILLING TO SERVE AS JURORS.

AND SO, THAT'S A BIG PART OF IT, TOO.

WHEN WE HAVE A COURT PROCEEDING, WE'RE NOT LIKE GOING TO THE GROCERY STORE OR GOING TO THE MOVIE, WHERE PEOPLE JUST GO BECAUSE THEY WANT TO GO OR FEEL LIKE THEY NEED TO GO.

WE'RE ISSUING ORDERS AND TELLING PEOPLE TO GET OFF THEIR COUCH AND COME TO THE COURTHOUSE AND SIT ON THESE CASES.

SO, THAT'S COMPETING INTERESTS ON THE OTHER SIDE.

WE'VE TRIED TO NAVIGATE THAT AS BEST WE CAN.

BUT IT'S A BIG DEAL THAT WE HAVE INDIVIDUALS SITTING, AND IT'S NOT GOING TO BE THE CASE WHERE IT TAKES A YEAR TO GO THROUGH A YEAR'S WORTH OF BACKLOG, BECAUSE THE PROCESS OF DOING THINGS IN A NEW WAY TAKES A LITTLE BIT LONGER, AND SOMETIMES MAYBE EVEN TWICE AS LONG.

SO, IT'S A REAL BACKLOG, AND IT'S GOING TO TAKE A REAL SIGNIFICANT PERIOD OF TIME TO GET THROUGH IT.

AND THAT SHOULD BE A CONCERN FOR EVERYBODY.

I WILL SAY, THERE ARE JUDGES, I'M PROUD, IN THAT THEY ARE DEDICATED AND DETERMINED TO GET THROUGH THAT BACKLOG.

THEY ARE PREPARED TO WORK HARDER AND LONGER, AND EVEN WITH FEWER RESOURCES, IF NECESSARY, TO GET THROUGH AND GET DONE WHAT NEEDS TO GET DONE.

>> I'M CURIOUS HOW DO YOU SEND THAT ORDER TO A JURY IN THIS ENVIRONMENT AND SAY, I NEED YOU TO COME IN?

DO YOU ASK FOR WHETHER THEY'VE HAD THEIR VACCINE OR TWO OF THEM?

HOW DO YOU THINK THAT WILL WORK?

>> THERE'S A LIST OF -- A TECH LIST OF ITEMS THAT WILL GO OUT TO THE JURORS.

THERE IS A QUESTIONNAIRE THAT WILL GO OUT TO JURORS.

THERE WILL BE SCREENING AT THE DOOR, JUST TO CONFIRM THAT NOTHING'S CHANGED IN THE TIME SINCE RESPONDING.

BUT YEAH, IT'S JUST DIFFERENT.

IT'S JUST DIFFERENT.

BUT THERE WILL BE A LOT MORE QUESTIONS ASKED AND A LOT MORE CONVERSATIONS ABOUT WHERE JURORS ARE COMING IN.

THE MAIN THING I'D LIKE THE PUBLIC TO KNOW IS THAT WHEN IT COMES TIME TO OPEN UP FOR JURY TRIALS IN MARCH, HOPEFULLY, WE'RE GOING TO NEED THEM.

WE'RE GOING TO NEED THEM MORE THAN EVER.

I HOPE THAT THEY WILL NOT SEE JURY DUTY AS SOMETHING THAT YOU TRY TO GET OUT OF.

IT'S SOMETHING THAT WE ARE ALL REQUIRED AND CALLED UPON TO DO AS A PART OF MAKING OUR OVERALL SYSTEM WORK.

AND FOR THESE YOUNG MEN AND WOMEN AND OLDER MEN AND WOMEN WHO ARE LOCKED UP IN JAIL, THEY NEED YOU TO SERVE ON THESE JURIES.

AND WE'VE DONE WHAT WE CAN AS A STATE AND AS A COURT SYSTEM TO MAKE SURE THAT THEIR SERVICE ON THE JURY WILL BE SAFE.

>> YEAH.

I DIDN'T ASK YOU ABOUT ANY LEGISLATION.

IS THERE ANYTHING THAT YOU WOULD LIKE TO SEE THE LAWMAKERS TAKE CARE OF THIS SESSION?

>> WELL, WE'VE GOT SOME SUGGESTIONS AND SOME IDEAS THAT WE ARE PUTTING FORWARD.

ONE DEALS WITH BEING ABLE TO TRY MORE CASES BY ACCUSATION, BY CHARGING THOSE, AS OPPOSED TO GOING TO A GRAND JURY.

THAT WILL SPEED THAT PROCESS UP.

WE HAVE ANOTHER IDEA THAT WE'RE PUTTING FORWARD THAT WILL GIVE US THE AUTHORITY TO SUSPEND THE SPEED TRIAL REQUIREMENTS THAT ARE BASED ON THE STATUTE, NOT THE CONSTITUTION, SO THAT WE HAVE A LITTLE BIT MORE FLEXIBILITY MOVING FORWARD, EVEN AFTER OUR ABILITY TO DECLARE JUDICIAL EMERGENCY EXPIRES TO WORK THROUGH THE CASES WITHOUT HAVING THOSE STATUTORY SPEEDY TRIAL DEMANDS UPON THE COURT SYSTEM.

>> I WANT TO THANK CHIEF JUSTICE MELTON FOR THAT INTERVIEW.

>>> NOW, COMING UP, WE'LL GET REACTION TO JUSTICE MELTON'S COMMENTS FROM TWO LAWYERS AND TALK ABOUT THE LEGISLATION THAT MIGHT HELP MOVE THE COURT SYSTEM ALONG ONCE IT RESUMES.

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♪♪ >>> WELCOME BACK TO "LAWMAKERS."

I'M DONNA LOWRY.

JOINING US TO TALK ABOUT GEORGIA'S LEGAL SYSTEM AND LEGISLATION DEALING WITH IT ARE REPUBLICAN SENATOR, STATE SENATOR BILL CALZERT.

WELCOME BOTH OF YOU.

YOU'RE BOTH PRACTICING ATTORNEYS, SO I LIKE TO HAVE YOU HERE TO GET YOUR REACTION TO SOME OF THE THINGS CHIEF JUSTICE MELTON DISCUSSED.

FIRST, YOUR THOUGHTS ON THE BACKLOG OF CASES.

AND WE'LL START WITH YOU, SENATOR CALZERT.

>> THERE IS DEFINITELY A BACKLOG IN CASES, AND THAT'S JUST NATURAL WHEN YOU'VE NOT HAD TRIALS.

NOW IT'S ALMOST A FULL YEAR SINCE WE'VE HAD TRIALS.

I'M AMAZED AND IMPRESSED HOW ADAPTABLE HUMANS ARE.

YOU KNOW, WE HAVE REALLY IN THE LEGAL SYSTEM MADE A LOT OF ACCOMMODATIONS TO KEEP THE SYSTEM WORKING, EVEN THOUGH WE HAVE TO DEAL WITH THE PANDEMIC.

I NOTICE -- I'M FROM CLARK COUNTY.

WE GET OUR TEMPERATURE TAKEN GOING IN THE COURTHOUSE.

THEY ASK YOU QUESTIONS, IF YOU'VE BEEN EXPOSED, ET CETERA, HAVE YOU HAD COVID?

YOU GET A WRISTBAND PUT ON EVERY DAY WITH THE DATE, AND THEN YOU HAVE FREE ACCESS IN THE COURTHOUSE.

THEY HAVE LITTLE Xs ON THE SEATS TO SHOW WHERE YOU CAN SIT, SOCIALLY DISTANCED, AND WE'RE ABLE TO HANDLE A LOT OF THE PROCEEDINGS, OTHER THAN THE TRIALS, WHICH REQUIRE IN-PERSON PARTICIPATION FROM A LARGE NUMBER OF PEOPLE.

>> HAVE ANY OF YOUR CLIENTS BEEN IN JAIL FOR ALMOST A YEAR OR MORE THAN A YEAR?

>> I DON'T DO A LOT OF SERIOUS CRIMINAL TRIAL WORK.

MOSTLY BEING IN ATHENS, A LOT OF WHAT I DO ARE MISDEMEANOR, DRUG AND ALCOHOL-TYPE THINGS.

BUT I DO HAVE ONE CLIENT THAT HAS A SERIOUS DRUG CHARGE, AND HE HAS BEEN IN JAIL FOR JUST OVER A YEAR NOW.

NO BOND HAS BEEN SET AND HE HAS NO ABILITY TO DEMAND A TRIAL BECAUSE THEY'RE NOT HOLDING TRIALS.

THERE'S AN INEQUITY THERE, WHEN YOU HAVE AN INNOCENT UNTIL PROVEN GUILTY CONSTITUTIONAL STANDARD, AND THAT'S WHY WE HAVE SPEEDY TRIALS, SO IF SOMEBODY DOES PROCLAIM THEIR INNOCENCE, THEY CAN PROVE THEIR INNOCENCE IN A REASONABLE AMOUNT OF TIME, WITHOUT HAVING THEIR FREEDOM DEPRIVED, AND THAT'S TROUBLING.

SEEMS TO ME, IF WE'RE GOING TO WAIVE SPEEDY TRIAL REQUIREMENTS, THEN WE NEED TO BE MORE LENIENT ON BONDING PEOPLE OUT.

OTHERWISE, YOU'RE DEPRIVING THEIR FREEDOM BEFORE THEY'RE PROVEN GUILTY.

>> YEAH.

I WANT TO ASK YOU MORE ABOUT THAT IN A MOMENT.

I DO WANT TO GET TO YOU, REPRESENTATIVE HOLCOMBE.

TELL ME A LITTLE BIT ABOUT YOUR FEELING ON THIS BACKLOG.

HOW BAD IS IT FROM YOUR PERSPECTIVE?

>> IT'S PRETTY SIGNIFICANT.

AND I THINK THE REAL CHALLENGE IS GOING TO BE ONCE IT'S SAFE TO GET BACK INTO THE COURTROOM, THEN WE'RE GOING TO HAVE TO QUICKLY TRY TO ADDRESS IT.

BUT AS THE CHIEF JUSTICE SAID, IT'S GOING TO TAKE A LONG TIME.

AND DON'T FORGET, WE'RE GOING TO CONTINUE TO HAVE NEW CASES ACCUMULATE OVER TIME.

AND SO, I THINK IT'S SOMETHING THAT WE'RE GOING TO NEED TO BE, AS SENATOR CALZERT SAID, VERY ADAPTIVE, VERY INNOVATIVE.

ONE IDEA THAT WE'VE BEEN DISCUSSING IN THE HOUSE IS PERHAPS HAVING SENIOR JUDGES COMING BACK TO HELP.

BUT THE THREE COMPONENTS AS I SEE THEM ARE, WE HAVE TO KEEP PEOPLE SAFE.

FOR CRIMINAL TRIALS, WE HAVE TO PURSUE JUSTICE FOR VICTIMS.

AND THEN WE HAVE TO ALSO ENSURE THAT RIGHTS OF DEFENDANTS ARE PROTECTED, BECAUSE THEY HAVE RIGHTS.

AND SO, ALL THOSE THINGS NEED TO BE BALANCED, THEY NEED TO BE WEIGHED, AND WE NEED TO BE REALLY THOUGHTFUL AS WE CONTINUE TO NAVIGATE THROUGH THIS, BUT IT'S A REAL PROBLEM AND IT'S GOING TO TAKE A LONG TIME TO FIX IT.

>> YEAH.

HOW DO YOU GET JURORS TO SHOW UP?

WE TALKED A LITTLE BIT ABOUT THAT, BUT WHAT DO YOU THINK IT'S GOING TO TAKE?

>> THEY'RE GOING TO HAVE TO FEEL COMFORTABLE AND CONFIDENT THAT THEY'RE GOING TO BE SAFE.

AND SO, MY GUESS IS THAT WE'RE PROBABLY LOOKING AT A LONGER TIME PERIOD THAN THE CHIEF JUSTICE SUGGESTED.

I THINK IT'S PROBABLY GOING TO BE MORE, ONCE WE GET GREATER VOLUME OF VACCINATIONS.

I MEAN, CERTAINLY, I KNOW MEMBERS OF MY FAMILY I DON'T THINK WOULD BE COMFORTABLE SERVING ON JURY DUTY.

THEY'D BE HAPPY TO SERVE ON JURY DUTY, BUT THEY WANT TO MAKE SURE THAT THEY'RE SAFE.

AND THAT'S JUST A REAL CONCERN.

BUT THAT SAID, ARE THERE THINGS THAT WE CAN DO NOW WITH PROTECTIVE MEASURES THROUGH MASKS AND OTHERWISE TO KEEP THINGS MOVING?

BECAUSE IT IS UNACCEPTABLE TO JUST CONTINUE TO HAVE WEEK AFTER WEEK, MONTH AFTER MONTH, CONTINUE TO PILE ON.

>> YEAH.

HE'S TALKING MARCH 9th.

DO YOU THINK WE'RE THERE, WE'RE GOING TO BE THERE BY MARCH 9th, TO HAVE JURORS COME IN?

>> NOT A CHANCE.

NOT A CHANCE.

I WISH THAT WERE TRUE, BUT WE ARE GOING TO HAVE A HIGHER LEVEL OF COVID THIS MARCH 9th THAN WE DID LAST MARCH, WHEN THE INITIAL, YOU KNOW, JUDICIAL EMERGENCY WAS DECLARED.

AND PEOPLE ARE VERY FRIGHTENED.

AND IT'S JUST SOMETHING WE HAVE TO DEAL WITH.

I DO MOSTLY CIVIL LAW, YOU KNOW, AND I'M FINDING THAT PARTIES ARE MUCH MORE NEGOTIABLE NOW AND REALIZING, LET'S WORK IT OUT BETWEEN OURSELVES.

>> THAT'S A POSITIVE.

>> LET'S REACH A SETTLEMENT WITHOUT HAVING TO RELY UPON A JURY.

SO, YOU KNOW, IT'S BOOSTED THAT.

I'VE HAD JUDGES IN SOME OF THE COUNTIES I SERVE IN THAT HAVE HELD PRETRIAL CONFERENCES BY TELEPHONE AT YOUR OPTION FOR YEARS.

WE'RE DOING THAT.

WE'RE DOING DEPOSITIONS BY ZOOM NOW, SOMETIMES, AND HEARINGS BY ZOOM, AND AS CHIEF JUSTICE MELTON WAS SAYING, ON A CRIMINAL ARRAIGNMENT, WHERE YOU'RE JUST BEING ADVISED OF YOUR CHARGES AND YOU'RE EITHER ENTERING A GUILTY PLEA OR NOT GUILTY, YOU DON'T REALLY HAVE TO BE THERE IN PERSON TO DO THAT, IF YOUR ATTORNEY'S THERE.

SO, THERE ARE SOME THINGS WE CAN MOVE THE SYSTEM ALONG, BUT MY GUT TELLS ME IT WILL BE SUMMER, MAYBE EVEN FALL BEFORE YOU TALK ENOUGH JURORS INTO COMING TO COURT.

AND YOU KNOW, OLDER PEOPLE ARE MORE SUSCEPTIBLE TO COVID ARE GOING TO BE LESS LIKELY TO VOLUNTARILY GO TO BE IN A GROUP, A LARGE GROUP OF PEOPLE IN A PUBLIC SETTING.

AND WE NEED THEM ON JURIES, YOU KNOW?

I GUARANTEE, THE CRIMINAL PROSECUTORS WANT SOME OLDER, CONSERVATIVE PEOPLE ON THEIR SIDE.

IF I'M DEFENDING A CIVIL CASE, I WANT SOME MATURE, CONSERVATIVE PEOPLE WITH MAYBE A LITTLE MORE LIFE EXPERIENCE, SO IT'S ONLY FAIR TO HAVE A CROSS-SECTION OF SOCIETY PRESENT ON THE JURY.

>> YEAH, SO, WHAT ABOUT THE IDEA OF HAVING THE JURY IN ONE ROOM AND, YOU KNOW, THE ATTORNEYS IN ANOTHER, MAYBE THE PUBLIC IN ANOTHER?

I MEAN, WHAT DO YOU THINK?

IS THAT GOING TO WORK?

>> I DON'T LIKE IT.

I RECOGNIZE THAT WE NEED TO TRY TO BE AS INNOVATIVE AS POSSIBLE, BUT YOU JUST CAN'T COMMUNICATE IN THE SAME WAY WITH PEOPLE IN A DIFFERENT ROOM.

AND THEN THERE IS SO MUCH OF JUST BEING PRESENT WITH SOMEBODY THAT YOU GAIN.

AND ANY TRIAL LAWYER WILL TELL YOU THAT.

YOU UNDERSTAND HOW TO READ THE ROOM.

YOU UNDERSTAND HOW TO READ THE JUDGE AND THE JURY AND THE WITNESSES.

AND THAT'S LOST WITH SEPARATION.

SO, I DO AGREE WITH SENATOR COWZERT, AND I HOPE THAT THE SILVER LINING OF THIS IS THAT IN THE AREAS WHERE THERE ARE REAL EFFICIENCIES THAT HAVE BEEN GAINED, THAT THOSE STAY AFTER THE PANDEMIC IS OVER.

BUT JUST THE CURRENT SITUATION IS EXTRAORDINARILY