Fulton County chief magistrate sparks controversy with bold clerk appointment

ATLANTA - In an unprecedented move, the Fulton County chief magistrate judge has issued an order that she believes will allow her department to run more efficiently.

Chief Judge Cassandra Kirk has appointed a new clerk and rejected the current system.

However, some Fulton County officials are outraged by the move. They are trying to figure out if the chief magistrate judge has the authority to appoint her own clerk.

A court order filed Tuesday morning and obtained exclusively by FOX 5 Atlanta states Magistrate Court Judge Debbie Anne Rickman has been appointed as the new clerk of the Fulton County Magistrate Court. 

The bold move could effectively end a longstanding feud between the chief magistrate judge and retired clerk, Tina Robinson, and newly appointed Fulton Magistrate and Superior Court Clerk Che Alexander.

Magistrate court handles drug and search warrants as well as landlord-tenant disputes and small claims court.

With 80,000 cases filed a year, the order indicates Judge Kirk wants the division to run more efficiently. It currently has a backlog and 37,000 open cases.

However, Fulton County District 3 Commissioner Dana Barrett sees the move as a media stunt and says the county has no money to fund the decision.

"The citizens of Fulton County need to understand that they have elected a magistrate court judge who has abdicated her responsibilities, who is not doing her job. I think it's time for her to step down. She is nothing more than a distraction at this point," Barrett exclaimed.

But District 5 Commissioner Marvin Aarington Jr. supports Judge Kirk's decision.

"I believe the statute is clear. The chief magistrate has the ability to designate a clerk. Frankly, I am surprised it took her this long to enter that order," he said.

In a related matter, FOX 5 obtained a memorandum where Fulton County Superior Court Chief Judge Uran Glanville criticized Judge Kirk's proposal to reduce magistrate court judges handling felony cases in superior court.

"According to Judge Glanville, we're talking about criminal cases moving slowly. Superior court judges are being overwhelmed as their dockets grow by 50%, 60%, 70%, and worst of all, increasing the population at the Fulton County Jail," Commissioner Barrett emphasized.

Still, supporters say the magistrate court needs more staff.

"The magistrate court is the busiest court in Fulton County. They handle way more cases than state court and superior court.

"The idea that they don't have the same staff that state court judges and superior court judges have really doesn't make sense to me," Commissioner Aarington concluded.

FOX 5 reached out to Judge Kirk to get her reaction. She sent the following statement:

"We seek funding to match our caseload as Georgia's busiest magistrate court. We are in discussion with County Commissioners for solutions that benefit all Fulton County citizens. This is not a stunt, nor will it increase the jail population or affect correctional procedures.

"The appointment of a dedicated clerk is a budget-neutral transfer, as proven by a similar transfer in 2016. We prioritize communication and responsible taxpayer fund utilization to enhance efficiency."