Judge Scott has two words to describe his courtroom, USER FRIENDLY.  From business casual Friday’s, to an in and out efficiency that is sensitive to the demands of the attorneys that practice before him, Judge Scott runs his courtroom in an accommodating manner.  However, if you intend to appear before Judge Scott you should remember two other words, BE PREPARED.  Judge Scott is passionate about the law and the service that attorneys provide.  His biggest pet peeve is attorneys who come to court unprepared.  The Scales of Justice sat down with Judge Scott for a discussion.

SOJ How has your criminal defense background played into your role as a judge?

SCOTT          I’m one of the few sitting judges who have practiced with most attorneys in the criminal defense bar.  In DeKalb County, I have literally litigated against fifty percent of the District Attorney’s Office.  I know what goes into negotiations and plea bargaining.  I think lawyers know I understand the process when they come before me.

SOJ What made you run to be a judge?

SCOTT     When I moved to Atlanta, I chose to live in DeKalb County.  I have always had an interest in local politics.  I had been involved in a couple of judicial campaigns.  I also felt that the criminal defense bar around Metropolitan Atlanta was underrepresented.  So, when Judge Mallis announced his retirement, I asked a few people to run and offered my help, but they all turned me down for various reasons.  I said to myself, “You can’t ask people to do something that you’re not willing to do yourself.”  I thought because of my background and the values of this community, I would make a good judge. So I talked to my family and that’s how I got here. 

SOJ What is the most challenging aspect of managing your caseload?

SCOTT          Probably the sheer volume and getting a handle on the caseload.  Let me give you some numbers that puts this in perspective.  Each Superior Court Judge in DeKalb County handles about one thousand matters a year.  Of those, about a third are criminal.  The domestic relations matters can be protracted.  Then, between the adoptions, which are fun, and the balance of cases, it can be time consuming.The more serious criminal cases can take an inordinate amount of time.  For example, in a multiple defendant case, getting everyone together at one time and making it move is not as easily done as it seems, especially if you want to be fair and have a regard for rights, victim’s rights and defendant’s rights.  If you have a witness, who has moved to California, and can’t get back before a certain time without losing their job,  you can be heavy handed and say that we are going to do this trial on this date I don’t care if they lose their job, or you can be more practical and say that nobody needs to lose their job in this economy.  So, I try to be as accommodating as I can. 

SOJ Do you allow waiver’s of arraignment?

SCOTT          I do.  They must be in writing and received at least a day before.S

OJ Can conflict letters be faxed?

SCOTT          Yes.  I know what it’s like to get a late notice that you have to be in court.  I do try to work with lawyers, but I will say this, if you get retained on a case that is on a trial calendar, you might want to check with my staff to find out about the history of the case to determine if you are likely to get a continuance.  If it’s a case that is at the top of the list and it has been deferred or continued a number of times, you may not get a continuance.  So check first if you are in that situation.

SOJ In DeKalb County, there is the pretrial process where the state sets forth the facts and gives a recommendation, then the defense sets forth any mitigation and makes a recommendation and the judge gives a yea or nay on the plea, do you use that process?

SCOTT          I do.  A lot of jurisdictions have abandoned that process because some judges feel that is participating in the plea bargaining process.  I gave some thought as to whether I was going to continue that practice or go to another model, but it hasn’t been challenged. It’s a process that works, and lawyers  like it.  I think the process helps move cases along.

SOJ So, for example, if you have an armed robbery and the state is going to reduce the charge to robbery and recommend 10 years to serve on robbery and the defense thinks 10 to do 3 is more appropriate, will you tell the parties ahead of time if you will do a 10 to do 3? 

SCOTT     I will.

SOJ So it eliminates the need for a blind plea?

SCOTT          Correct.

SOJ Of the factors to be considered in granting and denying bond, do you look at any one factor more heavily?

SCOTT          If I had to give weight to anything I would say ties to the community, coupled with prior criminal history.  If a defendant is charged with a serious crime, keeping in mind that the purpose of bond is to ensure the return of the defendant to the court to answer the charges, and if the person has strong ties to the community, it does way heavily in my mind.  I take the position that especially in DeKalb County,  we are a village, and we do reach out to raise and assist our young.  So if it’s a young person with strong family ties and I feel comfortable that the family can assist in regulating that individual’s conduct while their out on bond, I do give that some weight.

SOJ Do you hear motions to suppress and sever immediately prior to trial or is there a separate motions calendar?

SCOTT          We have pretrial calendar two to three days prior to the Monday trial and with that, on a Thursday or Friday, we do motions.  So, when we call the case in for trial it’s ready to go.  I typically call in three or four cases for trial at a time because that resolves cases.

SOJ Do you handle speedy trial demands in any particular way?

SCOTT          When I first came on the bench, I tried to adopt a policy of a judge that will remain nameless, that if you file one you’re going to get it.  A good friend of mine and criminal defense attorney came to me and explained that sometimes speedy trial demands are filed not to harass the court’s schedule, but for legitimate reasons.  He explained that sometimes that’s the only way to get discovery or attention to the case.  He said, “You are punishing us for just trying to exercise a right.”  I thought that was very thoughtful, and it changed my thinking.  If you file a speedy, I will move you to the top of the list, but I don’t punish people because they file a speedy.

SOJ Do you sentence a defendant more harshly following a trial because he has not accepted responsibility?

SCOTT          Absolutely not.  I have wrestled with that and have given harsh sentences after trial, but I don’t believe a person should be punished for exercising their constitutional rights.  If they want their day in court, that is what the system is set up to provide.  For me, what’s the purpose of rights if you get punished for exercising those rights?

SOJ During jury selection, do you read the indictment or does the state?

SCOTT          I read the indictment.  Some judges feel that if the judge reads the indictment it gives a more balanced approach.  So that is my practice, but I may change that.  Maybe I’ll let the prosecutor read one half and the defense read the other half.

SOJ Do you think judicial communications with juries about the case after the verdict can taint those jurors in future service?

SCOTT          What I like to do is thank the jurors without the lawyers present. I dismiss them first, but tell them I’d like to speak with them if they don’t mind.  I typically don’t ask questions about the evidence.  I ask questions about their court experience and how I may be able to enhance that experience.  Then, I give the jurors an opportunity to talk with the lawyers if they choose.  I don’t know if we have to be concerned about tainting jurors, because if they come back to serve, they take the oath to follow the instructions of the judge.  Also, I remind jurors that this is real life not a television show, and that what they are going to decide is going to impact people’s lives.

SOJ Where are we going with indigent defense and how do we get there?

SCOTT          That is a hard one.  Essentially, it’s about the design of the delivery model.  Apparently, there were some misgivings about the design that was adopted by the Georgia General Assembly that is presently in place.  Rather than have an open honest debate about the initial design, certain members of the General Assembly and others don’t feel we can tolerate the debate.  I think that’s unfortunate because I am not wedded to any particular model.  I think they have a good model if it is properly funded.  It needs to be tweaked and improved upon, but the council has never been given that opportunity.  I am an optimist.  I think it will get worked out.  It may require some assistance from a federal judge, but hopefully cooler heads and wiser more visionary people will look at the system and work it out.

SOJ                 Why are you so involved in indigent defense?

SCOTT          Indigent defense is one of the things that separate a civilized nation from an uncivilized nation.  We don’t hack off arms or do things in the dark of the night.  This is part of our constitution.  This is why young men and young women are going overseas dying face down in the sand for us to protect our rights.  For me, indigent defense is one of the cornerstones of a democracy.  It’s the thing that brings my passion out about criminal justice and the law.  It’s what makes me celebrate lawyers.   

SOJ If you could identify one thing that might be helpful to contribute to crime prevention and stop cases before they get to you, what would that be?

SCOTT  The key to crime prevention is jobs and education.  It’s not a hard formula. If you want to shrink it down more, it may be like President Obama said, “ delayed gratification.”  Teaching young men and women that instead of engaging in premarital sex or unprotected sex before you are ready – delay those decisions until you are ready to have a family.  We need to get across to young people that you can delay your personal gratification till later in life, and it’s okay.