Fulton County judicial showdown: 3 judges shifted from Magistrate to Superior court sparks controversy

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Funding battle between Fulton County court systems

A major shakeup in how Fulton County’s court system will operate. The Board of Commissioners has voted to move money from the Magistrate Court to Superior Court after the chief judge made the request. So, how much money is being moved and how will it impact those who use the court system in Georgia's largest county.

There is a major shakeup in how the court system will operate in Fulton County.

The Fulton County Board of Commissioners voted to move three judicial positions from the Magistrate Court to Superior Court after the chief superior court judge made the request.

However, the decision was not unanimous.

"This is an act of retaliation against our chief magistrate for doing what she is allowed to do under the law," Commissioner Marvin Arrington Jr said.

FOX 5 was the first to report last week that Chief Magistrate Judge Cassandra Kirk planned to appoint Judge Debbie-Ann Rickman as the clerk to the Magistrate Court, bypassing the previous system of the Fulton County Clerk of Court’s office handling both Superior and Magistrate courts.

Vice Chair Bob Ellis and Commissioner Dana Barrett then drafted legislation to transfer three positions from Magistrate Court, which handles civil cases and drug warrants, to Superior Court where felony cases are tried. Chief Superior Court Judge Ural Glanville spoke out in a fiery memo. It stated a reduction or elimination of staff, as stated by Chief Magistrate Judge Kirk, would have dire consequences in Superior Court. 

Commissioner Dana Barrett cite from the memorandum:

"Three things will flow from this unwelcome change if some other source of judicial. The ["North County Detention Center] will be shut down, caseload for judges in superior court will increase by 50, 60 or 70 percent, and our jail population will grow." 

One aspect of the legislation, which is obviously the most controversial, would have returned the chief magistrate judge position to an appointment no longer elected by the people. That part was put on hold, thanks to Commissioner Khadijah Abdul Rachman.

"I can promise you some things I agree with Judge Kirk on and some things I don't, but just as sure as my braids are blonde, and I love snacks, Judge Kirk is not going anywhere. It would behoove us as a body to find a solution," the commissioner said emphatically. 

The Magistrate Court will have a gaping hole in its budget.

FOX 5 contacted Judge Kirk for comment, who replied: 

"The Fulton County Board of Commissioners is duly elected to oversee the budgeting process, but we urge Commissioners to consider the impact on individuals and families who rely on the Magistrate Court's services, many of whom have little to no resources for representation. While we implore the board to reconsider this decision and find a more cohesive solution, the Magistrate Court of Fulton County will continue serving Fulton court users with honor and distinction."