Questions for the Bench: Judge Wes Tailor of Fulton County State Court
Judge discusses how he moved from Big Law associate to public service, how to assess jury verdicts and why overwhelmed lawyers need to ask for help.
January 13, 2020 at 12:43 PM
9 minute read
Judge Wesley B. "Wes" Tailor is one of 10 judges serving on the Fulton County State Court. He presides over misdemeanor criminal cases and civil actions of all sizes.
An Atlanta native, Tailor received his undergraduate degree from the University of Richmond and his law degree from the University of Kentucky. After six years as an associate at Troutman Sanders, he worked for two years as an assistant DeKalb County solicitor, then almost four years for the secretary of state, including a stint heading the election division. In 2010, Gov. Sonny Perdue appointed Tailor to the Fulton County State Court.
When did you first start thinking of becoming a lawyer?
After college, I had a job designing estate plans for business owners. I ended up working with numerous farmers around Georgia. I enjoyed working with them and the lawyers who put the estate plans into place through business succession agreements, wills and trusts. The legal aspects of the job intrigued me the most, so I decided to look into this law thing and see how it might go.
You worked at Troutman Sanders as an associate, then shifted your career to public service work, starting with a stint as an assistant solicitor general. How'd this come about and why?
Frankly, I realized I wasn't cut out for the big firm. I enjoyed and still appreciate my time at Troutman Sanders. I learned many valuable skills and lessons that have served me well throughout my career. When I left Troutman Sanders, I traveled throughout Central America, in my Pathfinder, for about four months. Upon my return home, my friend Jennifer Stolarski (now chief assistant district attorney for DeKalb County) encouraged me to consider becoming an assistant solicitor general with her in DeKalb. I met with the solicitor general, Shawn LaGrua (now superior court judge for the Atlanta Judicial Circuit), and decided that working for the people to make a difference in the safety of the community would be a worthwhile effort. I have been extremely fortunate over the years to work with and become friends with very impassioned, dedicated and successful people and lawyers.
You worked for then-Secretaries of State Karen Handel and Brian Kemp, including a year as head of the elections division. Without opining on issues that are being litigated now, of course, how can elections become less complicated and controversial?
I love elections and really enjoyed my time working directly within the elections system. Elections are messy and controversial. They probably always will be. People have different opinions and visions about how government should work. That is the frustrating and wonderful part of democracy. I still find it amazing how well this great experiment has worked and continues to work. We persist in transitioning power and authority peacefully, even when there is a fundamental difference in governing style and philosophy.
That being said, I do regret some of the attacks on our hard-working elections officials who, from my experience, really are trying to do the right thing. In certain circumstances, those criticisms are warranted and necessary to ensure that everyone has an equal right to cast their vote. I believe it is most damaging, though, when candidates for their own personal advantage cause people to question the integrity of the overall elections process.
What prompted you to seek a job as a judge?
I never really thought I would have the opportunity to serve as a judge. There are so many people more deserving than I am of this honor. I believe I began thinking seriously about the potential of becoming a judge when I worked under the Gold Dome and was closely involved in statewide litigation in my roles as general counsel and director of the elections division on behalf of the Office of Secretary of State. I was motivated to apply for the state court, because of the court's focus on civil disputes and criminal misdemeanor cases. It is a great place to hopefully make a positive impact on a lot of people's lives.
What keeps you up at night regarding your work?
The efficient administration of justice and sentencing. I am fortunate to have a terrific staff who really keep matters moving forward toward trial. We try to adjudicate cases as efficiently as we can, while not wasting the litigants' or taxpayer's money. With respect to criminal matters in particular, an individual must be held accountable for his/her criminal behavior. That being said, the wonderful part of being a state court judge is the potential to change a person's trajectory before they commit, or even after they have committed, a felony offense. I attempt to craft sentences that are particularized to an individual defendant's situation to reduce or eliminate the chance that he/she will commit a future crime. We all must be accountable for what we have done, but the focus should be on preventing future criminal behavior.
What habits would you like to see lawyers who appear before you change?
Most lawyers who appear before me are professional and prepared. I appreciate that; their clients benefit from that. Most lawyers have a lot on their plate and do an excellent job of juggling all of the competing interests and requirements of the profession, as well as their personal lives. However, some lawyers get themselves in trouble by not recognizing they have taken on too much and not getting help from other lawyers. I have been impressed by those who do seek assistance and find many willing colleagues who step in and do what is necessary to help a fellow lawyer in need.
Civil litigators have been debating whether a trend of "nuclear verdicts" is occurring. Have you noticed any change in jury verdicts, their size and what influences the juries?
The jury system is one the greatest accomplishments in human history. Seriously. Our society and economy have flourished in large part because people know that when they have a dispute, they can bring their matter to court where it will be officiated by a public official, who is not influenced by considerations of personal or political advantage, and where the ultimate decision rests with "regular people" from the community. I watch jurors, time and again, come back with verdicts that reflect the truth of that case as it was presented in court. It is easy to second-guess jury verdicts from the outside looking in.
In Fulton County, we have jury arrays and panels that are as diverse, in every way, as our population. It is amazing. To put this in some perspective, years ago I had a gentleman who had been unemployed and seeking work for six months sitting next to the retired CEO of a local Fortune 100 company. Both gentlemen had the same rights, requirements and expectations. Where else does that happen?
My experience is that jurors strive to reach the truth and make the right decision. Sure, there may be a limited number of outlier verdicts, but that is why we have an independent judge presiding over the trial and a meaningful appellate process. Most of the time, if someone questions the verdict after the fact, they should look to how that case was presented to the jury. When you do that, you typically will see how those jurors arrived at their verdict.
Given you are about to take the presidency of the Georgia State Court Judges Council, what does the legal community need to understand better about the State Court judiciary?
Among other things, the Council of State Court Judges seeks to ensure and enhance the fair, efficient, uniform administration of justice and public confidence in the judicial system. The Council is made up of 129 State Court judges around the state; they include full-time and part-time judges, depending on the county. We are the smallest class of trial court in Georgia, but we handle more cases than any other county or state supported class of court.
Taking away nothing from the efforts of countless judges from other classes of court, our State Court judges have been leaders in bringing about a change in sentencing philosophy across the country. For instance, Judge Kent Lawrence, retired State Court judge in Athens-Clarke County, was one of the first judges to implement a post-sentence monitoring process for defendants whose crimes were driven by alcohol abuse or addiction. He is nationally recognized as a leader in establishing what are now-known as accountability courts. I, along with my colleague, Judge Susan Edlein, have the privilege of presiding over such an accountability court in Fulton County.
Because we are dealing with misdemeanors, state court judges are well positioned to be able to address the underlying causes of criminal behavior without having to rely solely, or even primarily, on incarceration.
What trial judge would you like to emulate and why?
There have been and are many outstanding trial judges who have made and continue to make a difference for their community while not being overbearing or rude. There simply are too many, each with their own strengths and styles, for me to pick out any one individual. Those hard-working folks, along with my wife, remind me to be humble and not take myself too seriously. Even so, I recognize that my personality flaws mean that I will never be Justice Harris Hines, who was well known for his personable demeanor. That doesn't mean I can't try to be understanding and treat everyone with the compassion and respect they deserve.
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