Judge from 1980-89. When he died, my uncle ran, waselected to his place, and he has held that seat since. Iran in 2006.Q: After you graduated from Georgia, you wentright into private practice in Macon?A: I did. I took my first job at Sell & Melton here inMacon, and it’s <strong>the</strong> only place that I ever worked.Q: Did you have any exposure to family law?A: Yes. I had handled some contested divorces and severaluncontested, but never tried a family law case.Q: You took your seat on <strong>the</strong> bench Jan. 1, 2007? Was2007 a long year?A: Last year was a very fast year; 2006 was a longyear. That was a long year of campaigning, ofworking hard. That’s <strong>the</strong> hardest work I’ve ever done,by far.Q: You were elected to your seat. What made youdecide to run at that point in time?A: Well, I knew I wanted to be a judge. I grew up on<strong>the</strong> judge side of <strong>the</strong> bench. And I also love politics.It was <strong>the</strong> right time. I thought I was at <strong>the</strong> right placein my career. We saw <strong>the</strong> opportunity, and we took it.Q: You were 38 when elected. I understand thatmade you <strong>the</strong> youngest superior court judge electedby popular vote?A: I still am. I was <strong>the</strong> youngest judge period until<strong>the</strong> governor appointed my friend, Katie Lumsden,in Houston County, and he appointed her <strong>the</strong> day aftermy election. So I called Katie and “thanked” her <strong>for</strong>taking away my title of <strong>the</strong> youngest judge in <strong>the</strong> state.She’s <strong>the</strong> youngest judge in Georgia. And I’m <strong>the</strong> secondyoungest, but <strong>the</strong> youngest elected, at this time.Q: What would you say has been <strong>the</strong> biggest surprise<strong>for</strong> you in your first year on <strong>the</strong> bench?A: I get asked that question a lot. I would say probablythree big things come to mind. One, some criminalsare a lot dumber than I thought <strong>the</strong>y were.Second, people are a whole lot meaner than I everimagined that <strong>the</strong>y could be. And finally, I am amazedat how many times both sides are right. A lot of times,both sides are just right. And that’s been hard. Indomestic cases, if I think people are being mean just<strong>for</strong> <strong>the</strong> sake of being mean, I usually punish <strong>the</strong>m prettyhard, because what that seems to tell me is “I don’tcare about <strong>the</strong> children, I care about <strong>the</strong> money or <strong>the</strong>property instead.” So I would generally try to takeaway <strong>the</strong> very things that <strong>the</strong>y wanted so badly, justbecause <strong>the</strong>y’re being mean <strong>for</strong> no reason.Q: How would you describe your experience withfamily law issues since you took <strong>the</strong> bench?A: It’s certainly been a trial by fire, to say <strong>the</strong> least.To start off, we hit <strong>the</strong> ground running and wentright into a lot of domestic issues at <strong>the</strong> same time <strong>the</strong>new child support guidelines became effective. I wastrying to figure those out like everyone else. I <strong>the</strong>n gotthrown a case that was all over <strong>the</strong> front page of TheDaily Report involving a lesbian adoption issue. Next, Itried a case with your firm that was worth $2 millionafter only about four months on <strong>the</strong> bench. I got a truetrial by fire and had to learn very, very fast.I had done all I knew to do to prepare <strong>for</strong> <strong>the</strong> bench,but I don’t think anything will prepare you to decidesome of <strong>the</strong> issues we have to decide. I’ve never everhad anything so difficult as to tell someone, “you’renot going home with your children today,” or “I knowyou showed up today, dad, but I’m terminating yourparental rights; you haven’t showed up enough; I’mgoing to let that man adopt your daughter.” And that’shard to do. I also got pretty blessed by having somevery good lawyers who were very patient and helpededucate me. That really helped a lot, and if I was a littleoff base, <strong>the</strong>y gently reminded me how to get backon <strong>the</strong> path, even if it meant that <strong>the</strong> law may havegone against <strong>the</strong>m. They don’t want to see me getembarrassed early. I think <strong>the</strong>y thought that <strong>the</strong>y owedit to <strong>the</strong> profession, and I’m very grateful to <strong>the</strong>m andalways will be.Q: Sure, we’ve had that experience with Family Courtin Fulton County where you have judges who perhapshave had limited family law experience rotatingonto <strong>the</strong> Family Court and <strong>the</strong>y look to <strong>the</strong> lawyers, andare very much appreciative of <strong>the</strong>ir assistance.A: I don’t know anybody or any judge who would beso arrogant as to say, “I don’t need any help.” Now,that’s just foolish. I don’t know who would do that. Icertainly would never take that position. Above all, Ijust want to get it right. People can disagree whe<strong>the</strong>r Igot it right, that’s OK, I don’t mind that, but I at leastwant to be able to articulate and explain why I did whatI did and even though <strong>the</strong>y don’t appreciate or like it, atleast <strong>the</strong>y can say, “Well, he found this to be true, and ifthat’s what he hung his hat on, I understand.”Q: You may already know this, but MarthaChristian is a past chair of <strong>the</strong> Family Law Section.Has she or any o<strong>the</strong>r judges offered you any advice onfamily law issues?A: They’ve been tons of help. I could not be morethankful <strong>for</strong> <strong>the</strong> o<strong>the</strong>r judges on <strong>the</strong> bench, butThe Family Law Review 20 April 2008
Martha certainly took up a ton of time with me indomestic cases. She had an outstanding reputation as adomestic lawyer, so I knew she was going to be <strong>the</strong> residentexpert on family law. I went to her often to askher about <strong>the</strong> law. She never told me how to rule orwhat to do, she just sort of helped talk me through as amentor should, and as a more-experienced judgeshould. Lamar Sizemore and Bryant Culpepper alsohelped me a tremendous amount. By far, <strong>the</strong> bestadvice I got was from Lamar Sizemore. He said “Justrule.” I try my best to make decisions quick because Irealize that most litigants just want an answer. Inregards to <strong>the</strong> lawyers, I think my role is to give <strong>the</strong>msomething to appeal, to move <strong>the</strong> case through <strong>the</strong> systemto a final decision-maker, whatever that may be,and I try to remember that. I try to make it a point andI’ve tried to train my team here, especially in uncontesteddivorces, don’t sit on those things. If an order comesin this office, I cannot fathom a reason that we can’tturn it out in 24 hours if it’s already been decided. I tellmy assistant to bring those to me, put <strong>the</strong>m on top of<strong>the</strong> stack, and let me sign it. I do that <strong>for</strong> two main reasons.First, <strong>the</strong> litigants want it over, <strong>the</strong>y want adivorce, but secondly, I realize that most domesticlawyers cannot get paid until <strong>the</strong>y get a divorce decreein <strong>the</strong>ir hand. I really try my best to keep that in <strong>the</strong><strong>for</strong>efront of my mind that I’ve got to take care of <strong>the</strong>lawyers and I’ve got to help <strong>the</strong>m keep <strong>the</strong>ir practicegoing. I’ve got to turn things out, if I’m not turningthings out, things are going to grind to a halt and that’show <strong>the</strong>y make money. I want to be cognizant of <strong>the</strong>lawyers’ needs and, we’re here to work with <strong>the</strong>m.Q: Will you take an uncontested final on <strong>the</strong> pleadings?A: I will. I’ve always taken <strong>the</strong> position that divorcepetitions are different. If <strong>the</strong> law requires that adivorce petition be verified, which is something morethan a normal complaint, we ought to give it more deferenceafter that. So if you filed a complaint, and <strong>the</strong>o<strong>the</strong>r side hasn’t filed an answer, I don’t see why I’vegot to drag you down here. And I’m going to trust <strong>the</strong>lawyer. If <strong>the</strong> lawyer tells me this case is ready, I mayget burned by relying on his or her word, but I won’tget burned by <strong>the</strong> same lawyer twice. I can promiseyou that. And I’ll look through it and make sure that Ihave <strong>the</strong> addendum, <strong>the</strong> worksheets, that <strong>the</strong>y match,and if <strong>the</strong>re’s a deviation, I want to know “why?” Ifthat’s <strong>the</strong>re, I’ll sign <strong>the</strong> thing and turn it around. AndI do a lot of that <strong>for</strong> out of town lawyers. Why should Imake <strong>the</strong>m charge <strong>the</strong>ir client? If you’re an <strong>Atlanta</strong>lawyer and you’ve got an uncontested divorce, it’s notunfathomable that that could cost a client an extra1,000 bucks if I make you drive down here. It justdoesn’t make sense to me.Q:We were talking earlier and you were describing<strong>the</strong> local procedures by which <strong>the</strong> judges areassigned domestic calendars. How does that work?A: Bottom line, <strong>the</strong> chief judge assigns, but generally,each judge gets two assignments, except <strong>for</strong> <strong>the</strong>judge who has major felonies, which usually counts astwo assignments. So, <strong>for</strong> example, Judge Christian is<strong>the</strong> chief judge and has drug court in Craw<strong>for</strong>d; JudgeBrown has half of <strong>the</strong> domestic cases in Bibb and halfof <strong>the</strong> civil cases in Bibb; Judge Sizemore has all <strong>the</strong>major felonies in Bibb; and I have all Peach Countycases and <strong>the</strong> o<strong>the</strong>r half of <strong>the</strong> Bibb civil calendar.Judge Ennis has <strong>the</strong> o<strong>the</strong>r half of <strong>the</strong> Bibb domesticcases and <strong>the</strong> Bibb property crimes. And those are our10 assignments. There are o<strong>the</strong>r things that go on.Judge Christian will handle every habeas case and I’llhandle every criminal condemnation case that comesin. That’s just sort of <strong>the</strong> way we internally work thingsout. Our circuit has always broken <strong>the</strong> courts into divisionsinstead of a judge getting a piece of every calendar.The assignments rotate through <strong>the</strong> five judges ona two-year cycle. My counties are Bibb, Peach andCraw<strong>for</strong>d. Those three make up <strong>the</strong> Macon JudicialCircuit. We’ve had two judges leave in two years, soprobably that’s caused some folks to have to reassignand to move around some. So, I don’t know, we’reei<strong>the</strong>r going to change at <strong>the</strong> end of next year and <strong>the</strong>nget back into a two-year cycle, or this year will begin atwo-year cycle. But that’s <strong>for</strong> <strong>the</strong> chief judge to decide.Q: Any particular observations as to <strong>the</strong> family lawissues you see in your courtroom?A: What I have been most surprised by is <strong>the</strong> mannerin which <strong>the</strong> guidelines are regressive. I firmlybelieve that under <strong>the</strong> current set of guidelines, <strong>the</strong>wealthier you are, <strong>the</strong> better you come out. The pooreryou are, <strong>the</strong> worse you come out. And I don’t think, Icertainly don’t think that was a consequence <strong>the</strong> legislatureintended, but I think that is what has happenedand I do think, I do find that more and more often,that <strong>the</strong> lower income pay a much greater percentageof <strong>the</strong>ir income than <strong>the</strong> higher income folks.Q: I’m not sure where on <strong>the</strong> income axis it falls.A: Right about between $3,500 and $5,000, dependingupon how many children. That’s <strong>the</strong> best I cantell. If it’s one child, it may break at $5,000 but if it’sthree children, it may break at $3,500 a month. That’sabout <strong>the</strong> figures that I came up with. That’s about <strong>the</strong>point that you take it, where it’d be even and howmuch it would work. Clearly though, <strong>the</strong> Legislatureintended this to be a guideline, so I have become a bigfan or user of general, non-specific downward devia-The Family Law Review 21 April 2008