Sessions Judges Say They Are Busy Off The Bench

Monday, October 19, 2009

The five Hamilton County General Sessions Court Judges submitted a list of 50 "off bench" duties and responsibilities to County Mayor Claude Ramsey and the County Commission.

Judge Clarence Shattuck stated, "We believe that the list of our judicial and administrative responsibilities in conjunction with our bench time gives the county mayor and commissioners the big picture of our court. Many times segments of the court are analyzed and reported that often leave out many of the most important duties assigned to us."

Two judges were added to the General Sessions Court in 1996, when the city of Chattanooga approved a mid-term pay increase for Judge Walter Williams. At that time, the City Courts disposed of approximately 35,000 criminal cases. Then Attorney General Gary Gerbitz, through a court order approved by Criminal Court Judge Joe DiRisio, transferred all of the criminal cases from the Chattanooga City Court to the General Sessions Court.
'Judge David Bales said, "These 'off bench' duties and responsibilities are in reference to the criminal, civil, mental health and forfeiture hearings that we dispose of daily. The paperwork off of the bench is voluminous. We are the only courts in Tennessee that have multiple jurisdictional dockets. Some of our hearings are heard away from the courthouse at Moccasin Bend and Valley Hospital every week in addition to our duties at the courthouse."

Judge Christie Sell said, "Our civil jurisdiction mandates the resolution of thousands of cases each year that otherwise would be filed in the Circuit and Chancery Courts. Those cases include landlord-tenant, breach of contracts, personal injuries, mental health and all torts with a jurisdictional limit of up to $25,000. These cases are not as exciting to the media and to the general public as the high profile criminal cases, but they are equally as important. As a result, they are often overlooked by those scrutinizing the court.

"Our reviewing and entering default judgments alone are in the thousands in number. Hopefully, the list of duties and responsibilities will better inform the general public and our public officials of our work and caseload both on and off of the bench."

The following is a list of the duties reported by the judges:

1. Review all appointed attorneys' fee petitions;
2. Review and approve interpreter petitions for payment;
3. Review and execute search warrants;
4. Review and issue warrants of arrest;
5. Review and issue Probation Capiases for failure to perform public works;
6. Review and issue Probation Capiases for failure to pass drug screens;
7. Review and issue Probation Capiases for failure to comply with house arrest provisions;
8. Review all furlough requests from jail and workhouse;
9. Conduct mental health hearings at Moccasin Bend;
10. Conduct mental health videotape hearing for Valley Mental Hospital;
11. Review and appoint private lawyers in public defender conflict cases;
12. Return calls and emails from citizens, public officials and other agencies;
13. Discuss pre-trial matters with attorneys and Assistant District Attorneys;
14. Research and weekly reading of Tennessee Attorney Memos (current cases and statutory changes) and other legal update materials;
15. Conduct forfeiture hearings for law enforcement officers;
16. Review motions and requests to reassign cases;
17. Review petitions for judicial or pre-trial diversions;
18. Review briefs and pre-trial motions in civil and criminal cases;
19. Sign voluminous default judgments in all civil cases;
20. Judges' meetings and meetings with other governmental and non-governmental agencies;
21. Perform marriages;
22. Submit budget and assess inter- office needs, i.e. supplies, equipment, secretarial, etc.;
23. Sit for other judges, ill or with conflicts, when assigned to do so by AOC out of county as well as locally;
24.Issue arrest warrants for other municipalities when their city judges are away or unavailable;
25. Give interviews and collect data pursuant to media and other requests;
26. Meet with and advise magistrates on issues of bond and other related matters;
27. Sign appeals and set bonds in appeals;
28. Swear in clerks, law enforcement officers and other public officials;
29. Review petitions for suspended sentences;
30. Issue orders for restricted driver's license;
31. Review petitions to waive fines, costs, litigation taxes and jail fees;
32. Issue subpoenas for phone records and other documents for law enforcement;
33. Issue Orders for the destruction of property, contraband and narcotics;
34. Issue Orders for the return of property;
35. Issue summons in lieu of warrants of arrest;
36. Mandatory annual attendance at Judicial Conference for CLE required hours;
37. Issue search warrants for other municipalities when their regular judges are unavailable;
38. Set bonds in criminal offenses for other municipalities when their regular judges are unavailable;
39. Receive telephone calls to clarify orders from jail and workhouse personnel (at home and the office);
40. Entertain, answer questions and inform students visiting the courthouse on field trips;
41. Meet with the local members of the Hamilton County Legislative delegation to discuss proposed news bills and amendments;
42. Review motions and requests to set aside forfeitures and capiases against defendants with legitimate reasons for missing court;
43. Review mental health assessments on defendants who have been ordered to undergo mental competency evaluations;
44. Speaking engagements at schools, civic organizations etc.;
45. Assist in drafting, advising, and updating the County magistrate program;
44. Meetings with Criminal Court Judges to discuss problems and improvements within the interaction of the courts;
45. Meetings with the Hamilton County Attorney General to discuss problems and improvements within the interactions of the court;
46. Participate in bar seminars individually or in panels for continuing legal education for attorneys and judges;
47. Review motions to set aside or amend judgments both civil and criminal;
48. Participate through committee membership in federal initiative to eliminate truancy;
49. Advise attorneys and other judges on ethical issues in particular cases; and
50. Review petitions for alternative programs such as AILS, Teen Challenge, CADAS, and Transformation Project.


Chattanooga Beast Feast BBQ Contest At Chattanooga Market Is Sunday

The Chattanooga Market will be hosting the 5th annual Chattanooga Beast Feast BBQ Contest on Sunday.  Market visitors will enjoy summertime Bar-B-Que, cold beer and live music.  The local pit-masters competing include Sugar's Ribs, Choo-Choo BBQ (People's Choice Award 2012), Lockhart's Fire & Smoke BBQ, Porker's  BBQ (2nd place 2012), Lazy Ash BBQ, Haute Cuisine, ... (click for more)

Inside And Out Is June Exhibit At River Gallery

The River Gallery June exhibition is Inside and Out and features self-taught and long-time gallery artist Russell Whiting.  The gallery will also be celebrating the Sculpture Garden's 20th anniversary.  Mr. Whiting's sculpture will be on exhibit both inside River Gallery  and outside in River Gallery Sculpture Garden.  He uses the acetylene torch in his carving ... (click for more)

Man Sought In Murder Of Pregnant Wife On Lovell Road Commits Suicide In Gordon County Motel

Terry Lee Releford, who police were seeking in the the murder of his pregnant wife on Lovell Road on Sunday, has taken his own life. On Monday, Hamilton County Sheriff’s deputies working with Georgia law enforcement and the United States Marshall Service located the 34-year-old Releford at the Budget Inn motel at 1442 U.S. Highway 41 in Gordon County, Ga. Communication ... (click for more)

Atwood Gets 9-Year Prison Sentence In Traffic Death Of Friend

A man who police said was traveling 70 miles per hour on a side street in St. Elmo when he wrecked and killed one of his close friends was sentenced Monday to nine years in prison. Criminal Court Judge Rebecca Stern told Robert Allen "Bobby" Atwood, 22, "There is way too much of this going on. Young people need a wakeup call. Let the message go out." Atwood will be eligible ... (click for more)

Location Of The Delta Queen Is The Problem

The Delta Queen is a magnificent part of history and in many ways I'm pleased she is in town. Having the boat where she is is the problem. The boat blocks the view of and from the prettiest park in our town. The crew take many of the parking spots around the park leaving families to park across Frazier and schlep their kids, strollers and picnics to the park. You don't get fireworks ... (click for more)

Roy Exum: Aimee Gets New Hands

Aimee Copeland reached for a potato chip and, with a pretty smile, popped it into her mouth and crunched it up. It sounds like nothing but it was an incredible “God moment” just one year after her bout with necrotizing fasciitis capitated the world and left a beautiful young woman with no hands, her left leg removed on one side and a right foot amputated on another. Last May ... (click for more)