Copy
View this email in your browser

TABLE OF CONTENTS

Update on Crime & the Courts

Recent car-related crimes (break-ins and thefts) have put us on edge. Not enough cops, some have said. A porous judicial system that gives bad guys easy bonds in a sort of catch-and-release program, according to others. There’s plenty of finger-pointing, which amplifies the noise and heightens frustrations.

You know my views on Atlanta's police force. I fought hard for historic pay raises to attract and retain more Atlanta officers. I’m working to add to 350 cameras and license-plate readers that give police valuable tools to fight crime. I support a smaller Zone 2, which means a higher concentration of officers in our neighborhoods. There’s more, but you get the idea.

I've had many discussions with police officials about the recent public uproar regarding crime, as well as what we need to do to address it. These discussions have included Zone 2 Major Shaw, Public Safety Commissioner George Turner, and Atlanta Police Foundation CEO Dave Wilkinson. I can assure you our police are focused on catching these criminals and getting them off our streets, and they have successfully arrested several individuals believed to be linked to multiple Buckhead crimes.

However, arresting individuals is just the first step. They must then get their day in court. City Council member Matt Westmoreland and I met recently with Fulton Superior Court Chief Judge Robert C.I. McBurney and Fulton County Chief Magistrate Judge Cassandra Kirk to get a better understanding of the role our judiciary plays in the criminal justice system.

Our visits were prompted by constituent outrage over the release of a 17-year-old accused in several car-related incidents. He was released on a $30,000 bond co-signed by his grandmother, who accepted responsibility for his compliance with the bond conditions and his return to court. More on that case in a moment.

The good news: everyone I’ve spoken with believes there are steps we can take to improve matters, and they seem genuinely committed to doing so. The reality: we have a system in which fallible humans are overwhelmed by the crush of criminal cases they must handle --- all the while working to ensure due process --- and they’re handicapped by a lack of critical tools required to make the best decisions. However, to quote Judge McBurney, ‘These are rational people trying to do a good job.’

When a perpetrator is suspected of a felony, the first step in the process involves the officer contacting a magistrate judge to get an arrest warrant. This goes on 24/7 and is done electronically with a combination of video and written interactions between the judge and police. The information submitted by police is critical to building the State’s case against the individual.

After the perpetrator is booked into jail, the next stop is an appearance before a Fulton County magistrate. This is called a ‘first appearance.’  By law, it must occur within 48 hours of arrest, according to Judge McBurney. At this first appearance, each defendant receives a bond hearing. The legal presumption is that the individual is entitled to pre-trial release, unless they are a flight risk or risk to the community (specifically if they are deemed at risk to commit further felonies).

The magistrate must make a decision about bond based on the information they have at hand, which should include: an adult criminal history, as well as basic information about contacts with the community (residence, family, job, etc.). Juvenile delinquency records are confidential and are not provided. While a prosecutor and defense attorney are present, there typically is not a police officer in these proceedings, and there may not even be a police report available.

If the charges are serious (murder, rape, aggravated assault) the magistrate’s decision is typically relatively easy. However, if the charge is a lesser felony or a misdemeanor, and the defendant has family present for the hearing, the decision gets more complicated.

In the case of the 17-year-old mentioned previously, this is what happened, according to Chief Magistrate Cassandra Kirk: ‘While the accused had several warrants and multiple co-defendants, his cases were not calendared nor presented together. Also, Fulton County Pretrial Services reported that (he) had no criminal record, had no open pending cases, and was not on probation or parole. Although the Pretrial Services’ report indicated that (he) was not recommended for release . . . that recommendation was amended when (his) grandmother appeared at the . . . hearing.’ 

In other words, the magistrate did not have complete information, was working against a 48-hour deadline, and had someone willing to co-sign on the bond and take responsibility.

Judicial due process was met, but police were furious when they learned the young man was released. He still faces a litany of charges.

This situation illuminates a potential opportunity to fix a crack in the system: the magistrate should have been informed that the young man had active warrants and was the suspect in several active cases (information not typically captured in the basic criminal history). With the help of Judge McBurney, I propose that we remedy that.

Another tear in the judicial net can occur at the probable cause hearing, usually held within two weeks of arrest. If the arresting officer fails to appear at the hearing, the case is typically re-set once. But a defendant cannot be held forever, and a dismissal of charges is possible.

‘The officer’s not a bad guy,’ according to Judge McBurney. ‘He’s not getting paid and often he has to show up at 8 a.m. and may not get called until 4 p.m.’ That is another problem I hope to fix. Our police risk a great deal every day. We must not ask them to appear in court on their own time.

The entire judicial process is much more complicated than I have presented it. Key players include police, judges, the district attorney’s office, elected officials, the Atlanta Police Foundation and many more. Ongoing effort is required to ensure the system performs properly. Under the leadership of Atlanta Police Foundation's CEO Dave Wilkinson, all the key players are convening in early March, with the revival of the Atlanta Repeat Offender Commission, and I am honored to be part of this group.

Our criminal justice system is far from perfect. It takes -- and will always take -- hard work and sufficient resources to ensure that justice is done and that our community is kept safe. There are improvements all parties can make that will help the system work more smoothly and serve the public better. These include:

•    Police officers ensuring that their reports contain complete and timely information

•    Pretrial services presenting judges with accurate and complete criminal histories

•    Judges appropriately focusing on the threats repeat offenders pose to the community

•    District attorneys being prepared to present cases

•    Police officers getting compensated for timely attendance at judicial proceedings

•    Probation officers having manageable caseloads that allow them time to truly provide supervision

•    Politicians providing resources for the successful and efficient operation of the criminal justice system

I’ll keep you posted on what comes out of the Repeat Offender Commission and the steps our partners in the criminal justice system are taking to address the improvements we know need to be made. By holding each other accountable and working together, we can make this a better, safer community in which to live.

Mayor's Town Hall Meeting
Thursday, February 28th 6:30 p.m.


Mayor Bottoms will hold a Town Hall meeting in the northwest corridor this Thursday, February 28th at the Atlanta History Center, 130 West Paces Ferry Road, NW. The meeting starts at 6:30 p.m. Doors open at 5:30 p.m. Department heads, as well as others from the administration, will attend with the Mayor, in order to communicate directly with the community. Please take advantage of this opportunity to share your feedback and concerns directly with the Mayor.

Renew Atlanta/TSPLOST Reprioritization & Rebaselining Meeting Update


Due to the Mayor's Town Hall meeting this Thursday, the 2nd Renew/TSPLOST meeting will be rescheduled for early March. We will make sure to notify you of the rescheduled date once we receive it.  

In the meantime, please find information from the first round of city-wide meetings, including the feedback received, on Renew Atlanta's website at 
https://renewatlantabond.com/prioritization/. In addition, on February 13th the Council's Transportation Committee received an an overview of the current standing of the 3 project list scenarios.  You can access that presentation and the corresponding video by clicking the following links:  Presentation and Video.  

Thank you for continuing to stay engaged in the Renew/TSPLOST reprioritization and rebaselining process. Your feedback has been extremely valuable and is much appreciated as we come closer to re-prioritizing the list of projects. Stay tuned for the next meeting in early March.
Subscribe to This Newsletter

District 8 Contacts

 

J.P. Matzigkeit    

jpmatzigkeit@atlantaga.gov

404.330.6051

 

Katie Howard

jpmatzigkeit@atlantaga.gov

404.330.6051

 

Jim Elgar

jqelgar@atlantaga.gov

404.546.4911

Copyright © 2019 , All rights reserved.

Our mailing address is:
Atlanta City Hall
55 Trinity Ave, S.W.
Suite 2900
Atlanta, GA 30303-3584

Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list.