Speaker Glenn Richardson has gaveled the Georgia House of Representatives to order and the 2008 General Assembly is officially in session. As Representatives and Senators gather under the Gold Dome, there will be fiery speeches, flowery political rhetoric, and some serious power brokering. Amidst all of the pomp and circumstance, there are some things that Georgia Legislators could do that will materially improve the lives of Georgians. Here are a few.
Ban smoking in automobiles that have children as passengers. It is against the law in Georgia to smoke in a public building because the risk to non-smokers of second hand smoke is too great. It is against the law in Georgia to operate a vehicle transporting a child unless the child is in a car seat because the risk to the child is too great. So what is so complicated about banning smoking in cars with kids? There is no rational explanation. Children locked in a child restraint in a car with a smoking parent are harmed every time they get in the car, not just when there is an accident. Public officials focused on the health of Georgia’s children twenty years from now (as opposed to the whims of the smokers in the next election) would stop that harm now.
Ban teenagers from talking or texting on mobile phones while driving. Every year, there are reports of serious automobile accidents involving teenage drivers. Georgia has taken some good steps toward addressing this problem. There are limits on passengers. There are significant penalties for traffic violations. Now, the next step should be taken. The fact is that talking, and texting, let alone texting, on a mobile phone is a serious distraction for experienced drivers. For inexperienced drivers, it can be deadly. No one questions the need for a mobile phone in emergency situations so exceptions may be necessary. But casual conversation while speeding around I-285 is just too risky for teenage drivers. Why wait for the next horrible accident? This is a problem that can be fixed in 2008.
Eliminate parole for criminals who mutilate bodies as part of their crime. In the last few years, there has been a steady pattern of criminals who go beyond violent murder. In addition, they burn, decapitate and dismember bodies after their crime. In some situations, it is part of a calculated plan to avoid detection, prosecution, and punishment. In others, it is simply the product of a sick mind. In either situation, it should result in the automatic forfeiture of any right to parole. For calculating criminals, it is something for them to consider. For those with a sick mind, it is a method to keep them off the streets. Continuing to treat such heinous behavior as just another crime should not be an option. Call it “Meredith’s Law” (after Meredith Emerson, the slain and decapitated victim of Gary Hilton).
Terminate senior judges from presiding over death penalty cases. The Brian Nichols case proves that the current system for defending criminals in death penalty cases is broken. Brian Nichols murdered Judge Rowland Barnes, court reporter Julie Ann Brandau, and Fulton Deputy Sheriff Hoyt Teasley and federal agent David Wilhelm on March 11, 2005. In March, it will be three years since their murders. Senior Judge Hilton Fuller has indefinitely postponed Brian Nichols’ trial until even more (taxpayer) money is found to pay Brian Nichols’ lawyers. There is no end in sight to the mounting legal bills. After all, Brian Nichols’ lawyers have every incentive to delay trial and spend more money, hoping that prosecutors (and taxpayers) eventually give up. Unfortunately, many believe that the senior judge system facilitates that strategy. They argue that senior judges have every financial incentive to continue the case because they are paid based on their time. They have no countervailing accountability because they never face the voters (like every Superior Court Judge in Georgia). No good reason exists why the Brian Nichols case, like most other death penalty cases, should not be heard by a sitting Superior Court Judge. The Georgia legislature has the option to force that change. The question is whether they will do it.
Pay the judges who are doing their job. There is now consensus that Georgia judges are seriously underpaid. These are women and men who are in fact doing their job. Without meaningful increases in judicial pay, Georgians cannot expect this to continue. There does come a point in time when the gap in pay is simply too great to expect talented lawyers to jeopardize their future, and their families’ future to serve the people of Georgia. As that happens, justice suffers. The time to act on this problem is now.