Questions for the Bench: Judge Gary Jackson of Atlanta Municipal Court
Traffic court judge says he's heard the number of DUI cases have fallen since the advent of ride-sharing services, "but we now have cases involving ride-share operators, who aren't subject to taxi and limousine rules."
January 23, 2020 at 11:37 AM
6 minute read
Judge Gary Jackson of the Atlanta Municipal Court was first appointed to the City Court of Atlanta in 2000, and later to the Municipal Court by Mayor Shirley Franklin in 2005. A native Atlantan, he earned his undergraduate degree from the Wharton School at the University of Pennsylvania and his law degree from the University of Georgia.
Where did you grow up?
I was "raised and reared" in Atlanta and went to public schools: Northside High, class of 1968.
What prompted your interest in becoming a lawyer?
Several things: first, I like debate, although some people would just say I like to argue. Second, my family's business endured very serious labor litigation when I was growing up, and I was fascinated how the problems were resolved in such an orderly way. Finally, no one in our family had ever been a lawyer, so perhaps the profession came to me by unanimous consent.
What kind of law practice did you have before becoming a full-time judge?
I started out as an assistant legislative counsel in the Georgia General Assembly in 1975, and at the ripe old age of 23 I was literally writing law for 236 representatives and senators. I opened a solo practice the next year but returned as legal aide to then-Lt. Gov. Zell Miller for the next two legislative sessions.
As a sole practitioner, I took anything and everything that came through the door, and you could do that back then, as the law was not as complicated and specialized as it is today. I began litigating collection cases and concentrated in collecting unpaid judgments for my clients and for other lawyers' clients.
I was fortunate to host a radio program on weekends on WSB and substituted for Clark Howard during his afternoon drive when he was on vacation. Listeners would call in with legal questions to me and special guests. Before the days of the internet, XM radio, streaming, etc., it was a busy show with many listeners.
The late Judge Charlie Carnes appointed me as the first pro hac magistrate in Fulton County, and I carried a "beeper" to answer emergency calls for arrest and search warrants at nights and on weekends. Later, I was appointed by Mayor Andrew Young as a member of the Taxi Review Board and then as a pro hac judge in both the old City (Traffic) Court and Municipal Court.
What prompted your interest in becoming a judge?
Watching people like Judge Carnes work with attorneys and litigants to resolve problems in such a fair and swift way. I learned so much just sitting in his conference room with opposing counsel while we explained our cases to Judge Carnes and he suggested resolutions. He was genuinely concerned with everyone's welfare and I wanted to try and follow in his footsteps.
How often do attorneys represent defendants in traffic court, and does it usually make a difference in how the case turns out?
Most defendants appear pro se. Considering the time a defendant spends in court, attorney representation does make a difference, since we tend to call counsel cases early for the 8 a.m. calendar so they can make their 9 a.m. cases in state and superior court. However, I do announce in the courtroom that the cases are not treated differently but called early to comply with the Uniform Conflict Rules.
What does the bar and/or the general public not understand about Municipal Court?
Sometimes even a traffic ticket can be a life-changing event. If a teenager gets an 80 mph in a 50 mph speeding ticket, an adverse result could create a license suspension that might deny a student admission to college. A simple rear-end collision could cause a truck driver to lose her job. Collateral consequences (things that can happen outside of court) are often not considered by many people.
You perform weddings often. How'd you get into that aspect of your work, and do you require or encourage premarital counseling from couples?
I suppose there may be a bit of preacher in every judge, but I simply enjoy helping people start a family. I litigated thousands of cases during my 25 years as a lawyer, but the ones I remember the best are the adoptions I was able to complete. I was asked by friends to officiate their wedding, and the word just spread that I would travel to a couple's home or other location to perform the ceremony. I leave the counseling to those who are best trained.
What is your biggest pet peeve from litigants before you?
Failing to appear in court at all or just being late to court. An FTA in a traffic case creates multiple issues: Not only are witnesses, officers and attorneys delayed, but the driver can suffer a license suspension, which creates even more traffic cases. It is not always easy to "unwind" these issues, and when you already have a crowded docket, going over the same ground twice (or more) puts a strain on the staff. I have often requoted, "Half of life is showing up. The other half is showing up on time."
How have ride-sharing services affected the types of cases before you?
While I am not presently assigned to the Court's DUI Division, lawyers practicing in that field tell me the volume of these cases has decreased significantly. Trading an impaired driver for an unregulated driver operating an uninspected vehicle has made a difference, but we now have cases involving ride-share operators, who aren't subject to taxi and limousine rules.
Is there anything you'd like to add?
Not much, only that I am grateful to Mayor Bottoms and the city council president and her dedicated councilmembers who have given my colleagues and me the resources to address the problems that surface in the cases before us. For example, when a sign is down or damaged, there is someone in Transportation that can fix it.
When I served as president of the Council of Municipal Court Judges, I had an opportunity to visit and converse with hundreds of judges all over the state. While no court has the caseload of the Atlanta Municipal Court, no judge has the quality of staff and the resources available as we do. Finally I am grateful to the citizens of Atlanta who have allowed me to serve as a judge over the years.
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