Chief Justice Harold Melton (from left), Judge Christopher Brasher and Judge Kelli Wolk.

Members of the state's judicial leadership say they largely approve of a warning from Chief Justice Harold Melton that judges could face ethics violations if they push forward with in-person court proceedings despite health risks from COVID-19.

"I don't have a problem with the chief justice's warning," said Henry County Chief Superior Court Judge Brian Amero, who is president of the state Council of Superior Court Judges. "What I worry about sometimes is the fluidity of the public health guidelines" and "whether or not judges will have clear notice of what they are expected to do."

"I think that the judges want to follow public health guidelines, and yet sometimes I hear that they're getting inconsistent advice, and that concerns me, especially if they are going to be held to that advice," he said.

Fulton County Superior Court Judge Christopher Brasher said he understands the chief justice's decision that noncompliance with his new order could violate the state Code of Judicial Conduct.

"I'm sorry that it's necessary, but it is," he said. "We need to establish, maintain, and enforce boundaries … for ourselves as well as for society as a whole. I took Justice Melton's admonition to be exactly that—an admonition we need to … administer justice and keep people safe."

Melton issued a new order extending the statewide judicial emergency for a fourth time on Friday. That order extends the current judicial emergency through Aug. 11 and contains "stronger, more mandatory language" requiring judges to heed public health directives about COVID-19 before they fully restore court operations.

The order will also address concerns raised by the state's judiciary councils and members of the State Bar of Georgia alarmed that some judges are compelling in-person court appearances by lawyers and litigants while ignoring public health guidelines intended to curtail the virus' spread.

Some courthouses across Georgia are closing again after employees and judges who were restoring court operations tested positive for COVID-19.

Melton said the new order will require isolation or quarantine for all court employees suspected of or known to have been exposed to the virus. Those who test positive must participate in contact tracing.

The chief justice put Judicial Council members on notice that judges who ignore the terms of his new emergency declaration could face discipline by the state Judicial Qualifications Commission.

Cobb County Probate Judge Kelli Wolk, president of the Council of Probate Court Judges, said she has received reports from her membership that some judges have pushed to restore court operations because they are concerned about a growing case backlog.

For judges unwilling to make accommodations favoring public safety, "It's OK that they be held accountable," she said. "I think the JQC being involved is appropriate as long as there is clear guidance as to what amounts to a failure. If you are going to be told you are failing and negligent or harmful, you need to know clearly what's expected of you."

"I think the shift from guidance to direction will be welcomed by a lot of the judges I am speaking with," she added. "I think it's a necessary element before you start talking about punishment."

Georgia State Court of Appeals Judge Ken Hodges, a member of the chief justice's pandemic task force that is compiling a list of best practices for the judiciary going forward, said he "wholeheartedly" supports giving the JQC authority to discipline judges who ignore COVID-19 public health guidelines. Hodges said that following the recent death of Alcovy Circuit Superior Court Judge Horace Johnson Jr., he was contacted by people concerned that litigants and lawyers were expected in court even though court employees had tested positive for the virus.

"I think when judges require people to come to court, and there is known COVID in that courthouse, we shouldn't tolerate that," he told fellow judges on Monday's judicial council call. "It's irresponsible." And, he added, "We don't need any more funerals."