November Family Law Breakfast Features the Hon. Linda W. Hunter

By M. Debra Gold

The DeKalb Bar Family Law Section welcomed the Honorable Linda W. Hunter as its November breakfast speaker. The judge began with a tongue-in-cheek threat that if she could get the same kind of lawyer turnout for her calendar calls as the section does for its 7:30 breakfast, she would consider holding calendar calls at an earlier hour. She continued to keep the crowd chuckling and laughing as she discussed some pointers for practicing in Division 8.

Judge Hunter first discussed the county’s caseload and attempts to keep cases moving. She projected that 3,000 divorces will have been filed in DeKalb County in 2009, which does not include modification or contempt actions, or the projected 2,500 Department of Human Resources child support cases. She lamented that efficiently managing these and the other civil and criminal cases assigned to each of the 10 DeKalb County divisions is difficult, in part because the county budget no longer supports the use of senior judges to assist in the workload. Despite the caseload, however, the judge reiterated that she strives to quickly move and close cases in her division.

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ASK THE BARRISTER: When the Court Delays, What Are the Defendant’s Rights?

By Rachel Elovitz

Dear Barrister:

One Sunday morning, a young woman came to my church with her six young sons. They exited the vehicle and began walking toward the church. The youngest son, who appeared to be almost three, let go of his mother’s hand and ran back toward the car, shouting that he had forgotten “Mr. Rabbit,” a stuffed animal that he carries everywhere. The neighbor who drove the family to the church had already started to back up and the child was hit.

The paramedics arrived, and while the EMTs did not see anything that suggested the child had sustained any injuries, the mother insisted that they take him, so that he could be checked by a physician. At the hospital, the medical personnel discovered that the child had suffered some minor internal injuries, but after a couple of days, he was returned to his mother. She was subsequently arrested for cruelty to children in the second degree, among other charges. That was about 23 months ago.

The mother has not yet been arraigned, and I’m not certain whether she has been formally accused or indicted. She is unemployed, lives in government housing, and does not have the funds necessary to hire a lawyer. And since she has not yet gone to court, she has not had a chance to ask for a court-appointed lawyer.

I recall something about a defendant being entitled to a speedy trial. When does that occur – and at what point is this mother allowed a court-appointed attorney?

Sincerely,
Retired in Roanoke

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THE SHADOW CURSOR: Gifts That Won’t Be Given

The Shadow keeps two holiday gift lists. The first (boring) list is for gifts that might be given to friends and acquaintances. The second is for gifts that won’t be given – but probably should.

In the spirit of the holidays, the Shadow will share with you, Dear Reader, the second list:

For the lawyer who perpetually finds excuses for continuances from trials: either a fishing rod and reel, or a package consisting of a bait-cutting knife, a cutting board, and live worms. The recipient must choose one.

For the judge who won’t rule on motions: a toilet seat that emits a mild electric shock every five minutes.

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NOVEMBER LUNCHEON: Judge Dorothy Beasley Speaks on “Impunity Arrested – International Response to International Crimes”

by Christina Hendrix, Hendrix Law Firm, P.C.

Judge Dorothy Beasley of the Georgia Court of Appeals, retired, will speak on international criminal law at the luncheon on Nov. 19 in the Old Courthouse on the square in downtown Decatur. It’s a topic she thinks “we all should know more about” in today’s legal world. Judge Beasley’s long interest in international law became more than a hobby when Emory University presented her with an opportunity to study abroad for an LLM in International Law. Judge Beasley spent her first semester abroad in Budapest at the Central European University. She received her LLM from Emory in 2008.

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From the DeKalb Bar President: Count Your Blessings and Consider Pro Bono

Denise Warner

Denise Warner

by Denise Warner

Thanksgiving means many different things to many people. First and foremost, it is a time to reflect on the many blessings of life. It is also a time to travel to visit family and friends (remember catching up on laundry when you were a student?). Let’s not forget turkey, cranberry dressing, and football (Go, Patriots!).

Thanksgiving is also a time for lawyers to reflect on their practice. How many times have you complained that a client did not pay for your services – once, twice, 50 times? Regardless of the number, after years of practicing law, you are still practicing law. I bet you the turkey drumstick that you are still practicing law because you love the pride in advocating for your client and upholding the U.S. Constitution. We have a moral and legal responsibility to make sure that people who are less fortunate can benefit from our passion for the practice of law.

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