Judges across Georgia's 159 counties are finding their own ways to carry on under the unprecedented statewide judicial emergency response to the COVID-19 pandemic.

In Cobb County Superior Court, Chief Judge M. Reuben Green has instituted a judge of the day program to hear urgent matters. With jury trials suspended and all nonessential business put on hold, each day a different "duty judge" is holding forth in what is called the ceremonial courtroom, the largest one, on the second floor of the Haynes Street courthouse.

Setting bond, releasing prisoners on time served, issuing domestic violence temporary restraining orders and mental health commitments. All those now fall under the purview of the duty judge. If the judge of the day is not in the big courtroom, a schedule and phone numbers are posted there, on the front door and on the monitors by the elevators on each floor, as set forth in Green's order. Plus the information is available on the court website.

"It's working," said Marietta criminal defense attorney H. Maddox Kilgore of Kilgore & Rodriguez. He said he and his partner, Carlos Rodriguez, have been successfully filing emergency motions to set bond, have clients released on time served or otherwise "get people out of jail if appropriate."

"I'm not suggesting that the most dangerous folks are being let out," Kilgore said. But, he added, it's urgent where possible to release nonviolent offenders so they can go home to self-quarantine or practice social distancing to help control the spread of the virus.

Green said he is following Georgia Supreme Court Chief Justice Harold Melton's statewide judicial emergency order. "It provides that courts should handle cases where an immediate liberty concern is present," Green said. "In Cobb, we are treating bond hearings as a type of hearing that involves an immediate liberty concern. Our Chief Magistrate Judge Brendan Murphy issued a memorandum articulating that bond hearings will go forward as an essential function. In addition, in Superior Court, our judges have signed, and will continue to sign, consent bond orders as they are presented."

Melton issued the order March 14 following Gov. Brian Kemp's declaration of a state of emergency. The order is in effect until April 13, unless it's extended. Melton foreshadowed the order with advice at the end of the week before to all the state's judges.

Melton said Thursday he issued the order to provide uniform guidance to courts that were addressing the coronavirus crisis in varying ways. He addressed the need to minimize the number of people exposed to the virus.

"Judges across the state are working to expedite bond conditions," Melton said. "They're trying."

Melton cited this section of his order as intended to address the need to urgently release those in custody where appropriate:

"To the extent feasible, courts should remain open to address essential functions, and in particular courts should give priority to matters necessary to protect health, safety, and liberty of individuals. Essential functions are subject to interpretation; however, some matters that fall into the essential function category are: (1) where an immediate liberty or safety concern is present requiring the attention of the court as soon as the court is available; (2) criminal court search warrants, arrest warrants, initial appearances, and bond reviews; (3) domestic abuse temporary protective orders and restraining orders; (4) juvenile court delinquency detention hearings and emergency removal matters; and (5) mental health commitment hearings."

Melton's order leaves the decision-making authority where it belongs under Georgia law: with the superior court judges. Melton's predecessor and mentor, the late Chief Justice P. Harris Hines, often said, "A superior court judge is the most powerful person in Georgia."

Although the order called for suspending jury trials, the chief justice specifically allowed for a judge's determination to allow a trial already commenced to continue to its conclusion or declare a mistrial.

And Melton, the first of the younger generation of justices to lead the high court, suggested using technology to help fight the pandemic.

"To the extent court proceedings are held, they should be done in a manner to limit the risk of exposure, such as by videoconferencing, where possible," Melton said in his order.

Green's order also provided for the Cobb County Juvenile Court to have a "duty judge" for each week to handle emergency filings. And Green directed those not feeling well, and all children and seniors, to stay home.

"As with all of the judges across the state we are doing everything in our power to follow the strong leadership of Chief Justice Harold Melton," Cobb County Juvenile Court Presiding Judge Amber Patterson told the Daily Report in an email Friday. "However, it has been a challenge to get notice to everyone in advance of hearings that were scheduled within a few days of the issuance of the order. Our staff worked diligently to attempt to give notice of the cancellation of the nonessential hearings. Where we were unable to reach everyone, some people showed up. For those that did show up, we did everything we could to continue their matters or resolve them as quickly as possible so as to reduce the risk to attorneys, parties, witnesses and our staff."

Henry County Chief Superior Court Judge Brian Amero and Chief State Court Judge Ben Studdard said Friday they have spent the week conferencing daily with the sheriff's office and colleagues on other courts. Said Studdard: "The message is, 'Let's work to get anybody out of jail that doesn't need to be there … as quickly as we can.'"

That includes defendants arrested on warrants for failure to appear in court who usually remain in custody until a judge is available for a hearing. Studdard also said that, in appropriate cases, nonviolent offenders are being released from the jail with ankle monitors, and county enforcement officers have secured additional ankle monitors for that purpose. He also said that judges are reviewing pending charges against defendants who haven't been able to afford bond with an eye to releasing them on their own recognizance.

"We are doing everything we can to consider early release for those folks on relaxed bond conditions," he said.

Amero said that after some attorneys who contract with the county to represent indigent defendants voiced concerns about conferencing with their clients at the jail, Studdard emailed a list of conflict attorneys asking if any were willing to step in.

"He got some takers," Amero said. "Everyone needs to have in-person contact in the local jail when it can be provided."

Even as the courts learn to function in the time of the COVID-19 judicial emergency, no one wants it to last. Green said he will end his judge of the day program as soon as it's over—whenever that is. "My hope is to return to a normal courtroom schedule as quickly as possible," he said.

"We will get through these challenging times by working together," Green said in closing his email. "Thank you for getting the word out. Stay safe and healthy!"

R. Robin McDonald contributed to this report.