Difference between revisions of "Fulton Judiciary Weaponizes Project ORCA"
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Fulton Judiciary Weaponizes Project ORCA (view source)
Revision as of 11:25, 12 December 2023
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[[File:ORCA Pod.jpeg|right|300px|Orca Pod]] | [[File:ORCA Pod.jpeg|right|300px|Orca Pod]] | ||
===Fulton Leaders 'Brainstormed'=== | ===Fulton Leaders 'Brainstormed'=== | ||
Just over five months later, when Fulton’s courts finally reopened, county leaders embarked on a plan to address the backlog—which, after being inventoried, totaled 148,209 open and active cases. Fulton, the state’s largest and most populous county with Georgia’s largest court case backlog, chose a name just as big for the strategy: Project Orca.<ref>[https://www.law.com/dailyreportonline/2023/08/28/how-fulton-countys-project-orca-devoured-108661-court-cases-and-counting/ | Just over five months later, when Fulton’s courts finally reopened, county leaders embarked on a plan to address the backlog—which, after being inventoried, totaled 148,209 open and active cases. Fulton, the state’s largest and most populous county with Georgia’s largest court case backlog, chose a name just as big for the strategy: Project Orca.<ref>[https://www.law.com/dailyreportonline/2023/08/28/how-fulton-countys-project-orca-devoured-108661-court-cases-and-counting/ ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)].</ref> | ||
The funds allocated were just as large: the county used $75 million of the $200 million in federal American Rescue Plan Act monies it received in 2021 for pandemic-related programs to eliminate the case backlog. They must be spent by Dec. 31, 2024.<ref>[https://www.law.com/dailyreportonline/2023/08/28/how-fulton-countys-project-orca-devoured-108661-court-cases-and-counting/ ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)].</ref> | |||
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According to an article written by Everett Catts of the Daily Report<ref>[https://thewikilaw.org/wiki/images/2/29/Fulton_Countys_Project_Orca_Devours_108%2C661_Court_Cases_and_Counting_Daily_Report.pdf ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)]</ref>: | According to an article written by Everett Catts of the Daily Report<ref>[https://thewikilaw.org/wiki/images/2/29/Fulton_Countys_Project_Orca_Devours_108%2C661_Court_Cases_and_Counting_Daily_Report.pdf ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)]</ref>: | ||
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For Fulton, 'orca' has been synonymous with 'solution.' As of July 31, about a year and a half after launching Project Orca, the county had disposed of 108,661 cases, becoming a model for justice systems across the state and nation. In July, Fulton won one of the [https://www.naco.org/resources/award-programs/project-orca-covid-19-case-resolution National Association of Counties’ Achievement Awards] for its innovative methods of whittling down the backlog. In May it won an [https://www.georgiatrend.com/2023/05/25/innovate-connect-improve/ Association County Commissioners of Georgia County of Excellence Award] for the same reason.<ref>[https://www.law.com/dailyreportonline/2023/08/28/how-fulton-countys-project-orca-devoured-108661-court-cases-and-counting/?slreturn=20230908091818 ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)]</ref> | For Fulton, 'orca' has been synonymous with 'solution.' As of July 31, about a year and a half after launching Project Orca, the county had disposed of 108,661 cases, becoming a model for justice systems across the state and nation. In July, Fulton won one of the [https://www.naco.org/resources/award-programs/project-orca-covid-19-case-resolution National Association of Counties’ Achievement Awards] for its innovative methods of whittling down the backlog. In May it won an [https://www.georgiatrend.com/2023/05/25/innovate-connect-improve/ Association County Commissioners of Georgia County of Excellence Award] for the same reason.<ref>[https://www.law.com/dailyreportonline/2023/08/28/how-fulton-countys-project-orca-devoured-108661-court-cases-and-counting/?slreturn=20230908091818 ''How Fulton County’s Project Orca Devoured 108,661 Court Cases and Counting'', by Everett Catts (August 28, 2023)]</ref> | ||
</blockquote> | </blockquote> | ||
===The Case Race=== | ===The Case Race=== | ||
So, how exactly does this Project ORCA ''devour'' cases at such a rapid pace? What is the secret? Cobb County attorney, [https://mcmasterlegal.com/ Matthew D. McMaster], shared his opinion: "The court's due diligence is our due process. And due diligence takes time. If time is being reduced, so is due diligence and, in turn, due process. It's as simple as that." When asked if there’s evidence proving that due process rights were being sacrificed at the hand of Project ORCA, McMaster responded: "Absolutely. The numbers don't lie.” | So, how exactly does this Project ORCA ''devour'' cases at such a rapid pace? What is the secret? Cobb County attorney, [https://mcmasterlegal.com/ Matthew D. McMaster], shared his opinion: "The court's due diligence is our due process. And due diligence takes time. If time is being reduced, so is due diligence and, in turn, due process. It's as simple as that." When asked if there’s evidence proving that due process rights were being sacrificed at the hand of Project ORCA, McMaster responded: "Absolutely. The numbers don't lie.” | ||
To his point, looking at the numbers, disposing of over 100,000 cases in a year and a half leaves little time for due process. Project ORCA keeps a public scorecard of the number of cases closed by judge.<ref>[https://sharefulton.fultoncountyga.gov/dataset/Project-ORCA-Open-and-Closed-Cases-by-JudgeName/6th6-2xwr Project ORCA: Open and Closed Cases by JudgeName]</ref> While best intentions may be behind keeping score in this manner, the end result is that judges are incentivized to cut corners,<ref>''See example'' [https://thewikilaw.org/wiki/index.php?title=Karma_prevails_and_Recusal_Motion_ensues Karma prevails and Recusal Motion ensues]. ''See also'' [https://thewikilaw.org/wiki/index.php/Fulton_Sheriff_wrongfully_evicts_Mother_and_children Fulton Sheriff wrongfully evicts Mother and Children]</ref> sacrificing due process, simply to keep their case numbers down. Contributing to the atrocity, Fulton was nationally recognized "for its innovative methods of whittling down the backlog." It is clear here that, as with communism, misplaced incentives result in misbehavior—namely, abuse of power and deprivation of rights. | To his point, looking at the numbers, disposing of over 100,000 cases in a year and a half leaves little time for due process. Project ORCA keeps a public scorecard of the number of cases closed by judge.<ref>[https://sharefulton.fultoncountyga.gov/dataset/Project-ORCA-Open-and-Closed-Cases-by-JudgeName/6th6-2xwr Project ORCA: Open and Closed Cases by JudgeName]</ref> While best intentions may be behind keeping score in this manner, the end result is that judges are incentivized to cut corners,<ref>''See example'' [https://thewikilaw.org/wiki/index.php?title=Karma_prevails_and_Recusal_Motion_ensues Karma prevails and Recusal Motion ensues]. ''See also'' [https://thewikilaw.org/wiki/index.php/Fulton_Sheriff_wrongfully_evicts_Mother_and_children Fulton Sheriff wrongfully evicts Mother and Children]</ref> sacrificing due process, simply to keep their case numbers down. Contributing to the atrocity, Fulton was nationally recognized "for its innovative methods of whittling down the backlog." It is clear here that, as with communism, misplaced incentives result in misbehavior—namely, abuse of power and deprivation of rights. | ||
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====The Big Picture==== | ====The Big Picture==== | ||
In an article published in 2022, Cobb County State Court Judge, Carl Bowers, said that when Bowers went into private practice, “Brantley told him to remember he was not just practicing law, but running a business.”<ref>[https://sports.yahoo.com/portrait-unveiled-colleagues-honor-cobb-223900910.html Portrait unveiled as colleagues honor Cobb Judge Brantley]</ref> Interestingly, while a judge is a government position for the purpose of serving the public, Judge Brantley treats his judgeship exactly as a business, and nothing more.<ref>On May 18, 2015, Paulding County Industrial Building Authority attorneys filed a motion for the recusal of the Honorable Judge G. Grant Brantley on hearing a lawsuit brought by six local residents to prevent the development of Silver Comet Field where the "plaintiff's" attorney, Michael Bowers (father of Cobb County State Court Judge, Carl Bowers), was Brantley's former superior officer in the military and 30 year business and political associate.[http://letpauldingfly.com/img/LPFRecusalRelease-6-11-2015.pdf Judge Brantley Needs to Step Aside]. According to the article, ''Let Paulding Fly: Judge Brantley Needs To Step Aside'', "Judge Brantley and Mr. Bowers have a long and significant history that spans more than 30 years. Judge Brantley was Mr. Bowers’ subordinate when he served as Mr. Bowers’ lawyer as a staff judge advocate in the Air National Guard for 10 years, until 1992. During Mr. Bowers’ 1994 re-election campaign for Georgia Attorney General, Judge Brantley served as his treasurer. When Mr. Bowers ran for Governor in | In an article published in 2022, Cobb County State Court Judge, Carl Bowers, said that when Bowers went into private practice, “Brantley told him to remember he was not just practicing law, but running a business.”<ref>[https://sports.yahoo.com/portrait-unveiled-colleagues-honor-cobb-223900910.html Portrait unveiled as colleagues honor Cobb Judge Brantley]</ref> Interestingly, while a judge is a government position for the purpose of serving the public, Judge Brantley treats his judgeship exactly as a business, and nothing more.<ref>On May 18, 2015, Paulding County Industrial Building Authority attorneys filed a motion for the recusal of the Honorable Judge G. Grant Brantley on hearing a lawsuit brought by six local residents to prevent the development of Silver Comet Field where the "plaintiff's" attorney, Michael Bowers (father of Cobb County State Court Judge, Carl Bowers), was Brantley's former superior officer in the military and 30 year business and political associate.[http://letpauldingfly.com/img/LPFRecusalRelease-6-11-2015.pdf Judge Brantley Needs to Step Aside]. According to the article, ''Let Paulding Fly: Judge Brantley Needs To Step Aside'', "Judge Brantley and Mr. Bowers have a long and significant history that spans more than 30 years. Judge Brantley was Mr. Bowers’ subordinate when he served as Mr. Bowers’ lawyer as a staff judge advocate in the Air National Guard for 10 years, until 1992. During Mr. Bowers’ 1994 re-election campaign for Georgia Attorney General, Judge Brantley served as his treasurer. When Mr. Bowers ran for Governor in 1998, Judge Brantley again served as treasurer and contributed $5,000 to the campaign. From 2001 to 2007, Judge Brantley was Of Counsel to Mr. Bowers’ law firm – a business relationship that involved the | ||
1998, Judge Brantley again served as treasurer and contributed $5,000 to the campaign. From 2001 to | |||
2007, Judge Brantley was Of Counsel to Mr. Bowers’ law firm – a business relationship that involved the | |||
firm paying for all of Judge Brantley’s overhead and a 50/50 split of all his fees. In 2004, Judge Brantley ran for a seat on the Georgia Supreme Court and received almost $20,000 in campaign contributions from Bowers himself and Bowers’ law firm and family members. In 2009, when Judge Brantley sued to collect legal fees owed him, his attorney was Mr. Bowers, the case went on until 2012. In addition, this week it was revealed that Mr. Bowers’ son was Judge Brantley’s former law clerk." ''See also'' secure [https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf (PDF) version]. "In 2003, [Mike] Bowers started a government relations and lobbying firm with his son Bruce Bowers and John Watson, the political consultant for Georgia's then-governor, Sonny Perdue. Bowers said they had a simple objective: 'to make money.'" ''Mike Bowers'', [https://en.wikipedia.org/wiki/Mike_Bowers#cite_note-22 Wikipedia] (citing Massey, Bowers & Hembree (19 Jan 2003). "New business for Bowers". ''Atlanta Business Chronicle''. Retrieved 11 July 2012.)</ref> The below chart illustrates how the "business" of a Superior Court judge is conducted: | firm paying for all of Judge Brantley’s overhead and a 50/50 split of all his fees. In 2004, Judge Brantley ran for a seat on the Georgia Supreme Court and received almost $20,000 in campaign contributions from Bowers himself and Bowers’ law firm and family members. In 2009, when Judge Brantley sued to collect legal fees owed him, his attorney was Mr. Bowers, the case went on until 2012. In addition, this week it was revealed that Mr. Bowers’ son was Judge Brantley’s former law clerk." ''See also'' secure [https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf (PDF) version]. "In 2003, [Mike] Bowers started a government relations and lobbying firm with his son Bruce Bowers and John Watson, the political consultant for Georgia's then-governor, Sonny Perdue. Bowers said they had a simple objective: 'to make money.'" ''Mike Bowers'', [https://en.wikipedia.org/wiki/Mike_Bowers#cite_note-22 Wikipedia] (citing Massey, Bowers & Hembree (19 Jan 2003). "New business for Bowers". ''Atlanta Business Chronicle''. Retrieved 11 July 2012.)</ref> The below chart illustrates how the "business" of a Superior Court judge is conducted: | ||
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[6] The senior judge is compensated with tax dollars at a '''daily''' rate “in the amount of the annual state salary of a judge of the applicable court, divided by 235.”<ref>O.C.G.A. § 15-1-9.2 (2022)</ref> Though, the taxpayers do not have influence over a senior judge's decisions because taxes are mandated by the government and the tax paid salary is not the result of a judge's performance on the bench. | [6] The senior judge is compensated with tax dollars at a '''daily''' rate “in the amount of the annual state salary of a judge of the applicable court, divided by 235.”<ref>O.C.G.A. § 15-1-9.2 (2022)</ref> Though, the taxpayers do not have influence over a senior judge's decisions because taxes are mandated by the government and the tax paid salary is not the result of a judge's performance on the bench. | ||
[7] The elected judge uses this case assignment power to influence the senior judge and the senior judge, in turn, caters to the desires of the elected judge in order to increase the likelihood of being assigned to cases in the future.<ref>In 2021, Cobb County Superior Court Judge, Robert D. Leonard II, assigned Judge Adele Grubbs to a case after it was discovered that Judge Leonard appointed a Guardian Ad Litem (GAL) to a case in consideration of the GAL’s substantial campaign contribution | [7] The elected judge uses this case assignment power to influence the senior judge and the senior judge, in turn, caters to the desires of the elected judge in order to increase the likelihood of being assigned to cases in the future.<ref>In 2021, Cobb County Superior Court Judge, Robert D. Leonard II, assigned Judge Adele Grubbs to a case after it was discovered that Judge Leonard appointed a Guardian Ad Litem (GAL) to a case in consideration of the GAL’s substantial campaign contribution. ''See'' [https://thewikilaw.org/wiki/index.php?title=Cobb_County_-_Judicial_Misconduct#A_Participant_in_Cobb.27s_Notorious_.22Pay-to-Play.22_Way Cobb County - Judicial Misconduct: A Participant in Cobb's Notorious 'Pay-to-Play' Way]. Judge Grubbs then sanctioned the husband (who was not even a party to the case) of the mother fighting for custody. The Court of Appeals reversed Grubbs’ unlawful order against the nonparty. ''Ellis v. Seaver'', 367 Ga.App. 322, 885 S.E.2d 817 (2023)("Because Ellis was not a party to the case, the trial court lacked authority under OCGA § 9-15-14 to impose these fees. We therefore reverse the trial court's award.").</ref> | ||
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