'Questions for the Bench': Judge Kim Childs of Cobb County Superior Court
"I think that, if I had the benefit of time travel, I would go back and revise all my motions and briefs to make my point in less than five pages."
September 03, 2019 at 05:14 PM
9 minute read
Judge Kim Childs of Cobb County Superior Court won a race for an open seat in 2016, surprising erself by garnering 55% of the vote in a three-way contest that was expected to go to a runoff.
Childs grew up on the edge of the Appalachian Mountains, in Habersham County, where she went to work at the local McDonald's at the age of 15. After earning a criminal justice degree from North Georgia College in Dahlonega, she worked nearly three years as a jail guard for the DeKalb County Sheriff's Office. Then she became a paralegal and used that job to put herself through law school at Georgia State University. She handled complex business litigation for five years with Wargo & French and Hunton & Williams in Atlanta. She started her own firm in 2007 with an office near Interstate 285 and West Paces Ferry Road in Cobb.
Last month she agreed to answer the Daily Report's questions for the ongoing feature, "Questions for the Bench."
When did you first start thinking of becoming a lawyer?
I wish I could answer this question with how I had this epiphany about my future while studying "The Federalist Papers," or even while watching a classic legal flick.
But in reality, my path was a bit more pedestrian.
After graduating from college with a criminal justice degree, I needed a full-time job, and fast. I'd seen enough episodes of "Cops" to know that I probably was not well-suited for police work, so I took the state test for probation officers. My score was so low that I received zero offers of employment—none whatsoever. But DeKalb County was building a new jail, and they needed to staff it, so they hired me as a jailer. While working there, I was assigned to the law library, where I saw inmates doing all sorts of "legal work"—your jailhouse lawyers. The more time I spent in the law library, the more interested I became in what the inmates were doing. Ultimately, I decided to take the plunge, and off I went to paralegal school. A real estate litigator in Cobb, Fred Beloin, took a chance on me and hired me as his paralegal. I loved the work, and Fred encouraged me to apply to law school. I was accepted into the part-time evening program at GSU College of Law.
Is there something criminal defense lawyers, prosecutors and your fellow judges don't know about jail that only a former guard would know?
Anytime your experience is different from others, you bring a different perspective. I certainly saw things, heard things and smelled things that, until you have been there, it could be difficult to understand.
Over the last few years, I've reflected a lot on some of my takeaways from my time working in a jail. For example, I remember one of the most frequently asked questions was "When is my next court date?" and I remember volatile inmate behavior when they thought they were going to trial but never left the holding cell at the courthouse. Their desire to have their day in court indicates to me that, deep down, they believe our system works. I also think this background helps me recognize possible reasons why an incarcerated defendant may behave a certain way in the courtroom. Sometimes what may appear on the surface as disrespect or hostility may in fact be the result of reasonable frustration.
What prompted you to seek a job as a judge?
If at any time before October 2015 you told me I would seek election as a superior court judge, I would have said you were crazy. It was not on my radar at all. But a group of women in the Cobb bar approached me with the idea. At first I wasn't sure, but, the more I thought about it, the more I felt this was what I was supposed to do. Although my path certainly was not "traditional," I truly believe it's all led me to the bench.
I grew up in rural North Georgia. My parents were missionaries and foster parents. They instilled in me empathy for others, regardless of their lot in life. My college experience (I was a civilian resident at North Georgia College) exposed me to the military—structure, discipline and deep love for our country. Then came jail guard, paralegal, law school at night, big firm, mid-size firm, owning my own firm.
Throughout all of that, I've spent time with a wide variety of people with a wide variety of life stories. I think that fits the superior court bench well.
What have you learned from your three years on the bench that you wish you'd known during your years working as a business litigator?
I wish I knew that, at least in Cobb County, the judge has no way of knowing you filed a motion unless you send a courtesy copy to chambers. It was always frustrating to me as a litigator that judges did not rule quickly on motions, and now I know it's likely the judge did not know the motion was pending, much less ripe. Superior court judges have a high volume of cases in a wide variety of subjects (I'm much more of a generalist now than I've ever been), so it is difficult to balance the amount of preparation time you devote to each case while at the same time efficiently managing your docket. Knowing what I know now, I think that if I had the benefit of time travel, I would go back and revise all my motions and briefs to make my point in less than five pages.
What keeps you up at night regarding your work?
I suspect that most of my colleagues would agree that domestic cases can be exceptionally sad and taxing. And they are. Families in crisis can touch your soul like nothing else.
But I would be remiss if I did not take this opportunity to mention my concern over the lack of options for criminal defendants with mental health issues. We are getting better—there are mental health courts and Department of Corrections' integrated treatment programs. But it's not enough.
When I worked in the jail, I spent over a year in the classification unit, where we interviewed every single inmate upon intake to determine their security level for housing. I do not have actual numbers, but I distinctly remember a very high number of inmates who self-reported mental health diagnoses or medication to me. The need is high, and, as a society, we can do better. The good news is I'm sleeping a bit easier because I know that this issue is on the forefront of the minds of many in all three branches of our government.
What habits would you like to see lawyers who appear before you change?
Oh, this one is easy! I have the privilege of working in a circuit with outstanding lawyers. They are prepared, they are courteous, and the camaraderie reminds me of a small town. Zealous advocacy inside the courtroom and lunch together afterward on the square. People who genuinely care about our profession and support each other when times get tough. If those who appear before me maintain this level of professionalism, I have no complaints. Cobb County is a special place for lawyers, and I hope our bar will never let go of what makes them special.
How do you see your role, if any, in encouraging civil settlements or plea bargains?
In civil cases, I believe that I have an obligation to inquire if the parties have considered settlement and suggest ADR as an option. But other than to raise the issue, I do not feel it is appropriate for me to encourage or push the parties to settle.
In criminal cases, I absolutely stay out of any plea negotiations. Period.
Is there any area of law that you think appellate courts should clarify more for trial practitioners and their judges?
I'm sure that lawyers have the same experience that I do when researching legal issues—sometimes the case law is not as clear as we would like it to be. It's important to remember that appellate courts can only address the issues that litigants present to them—and if issues or certain areas of law are not going up on appeal, then the law will remain murky.
But I think that's the inherent beauty of what we do. We compare, contrast, analyze and consider how all of the case law applies to the facts before us. Sometimes the result is crystal clear. If it's not clear, then that's where the rubber meets the road, and it's my job to figure it out.
What trial judge would you like to emulate and why?
Over my years of practice, I had the privilege of appearing before many different trial judges. I am always looking for ways to be more efficient while maintaining a quality experience for the attorneys and litigants. And I've definitely emulated bits and pieces from different judges that I felt fit with my approach. For example, I've adopted tools like scheduling orders (from federal court), templates for memos of rulings in domestic cases (from Judge Jane Barwick) and scheduling time specific hearings in civil cases to avoid calendar calls (from Judge Shawn LaGrua).
Is there anything personal you'd like to add?
On a personal note, I'm a loyal and avid fan of the Atlanta Falcons! So if for some reason you feel the need to say "28 to 3" before me, it's still too soon. I also enjoy supporting the current MLS Cup Champions, Atlanta United … so much so that we named our new puppy Tito!
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