FULTON COUNTY, Ga. — Fulton County is considering consolidating all of its courts under one clerk to save money. The issue has sparked a lot of controversy, with several judges as well as those who frequent the courts saying the move would be a mistake.
“If you go down to file your eviction, they tell you 'we don’t know when they will get served or when you have to go to court,'” said real estate investor Donald Jacobs. He is among those upset by the backlog of cases in the Fulton County Magistrate Court. Jacobs says it’s preventing him from evicting tenants who aren’t paying rent.
“We still have to pay the mortgages. A lot of investors lost their homes in that process, but it was just amazing to me to know that they can live in our houses for free and they didn’t have to pay rent,” added Jacobs.
Superior and Magistrate Courts share the same clerk of court. The county is now considering consolidating state court under that same clerk. But, Magistrate Judge Cassandra Kirk worries that would only make the backlog of cases worse.
“I’m disturbed by the proposal,” said Kirk, who says the Magistrate Court is currently not getting the assistance it needs.
“Instead of simply coming into the courtroom, hearing the case, now our judges are also serving as a person who is also going to e-file that case afterwards," Kirk explained. "Our office has one person to e-file all of our orders, so when people say to me 'your orders are behind,' it’s absolutely true because we do not have the staff to get it done."
During the March 15 commissioners' meeting, one judge after another criticized the move.
“If you look at all the organizational studies across the justice system in Fulton County that have been done, they have not said you should consolidate the clerk function,” Chief State Judge Wesley Tailor, told the commission.
Other judges explained that the proposal wouldn't serve the county.
“It’s unfair to the citizens and certainly unfair to the courts and unfair to the clerk to ask the team to coordinate this under one roof at the same time,” added Judge Todd Ashley.
The resolution before the commissioners outline how consolidating the courts could eliminate duplication of infrastructure, personnel, training, processes and functions. But Jacobs worries about the real-life impact if this change takes effect.
“Now the process is a little different. You file an eviction, you don’t know what’s going to happen," he said Jacobs.
The measure was tabled in last week's commission meeting as county staff investigate the cost savings and feasibility of consolidation.