The Atlanta Lawyer March 2018 | Page 24

from the bench Reflecting Back as the Atlanta Judicial Circuit Moves Forward Shawn DeVaney 3L, Georgia State University College of Law [email protected] Judges and attorneys gathered at the Fulton County Courthouse on February 26 for the Atlanta Judicial Circuit’s Chief Judge Changing of the Gavel Ceremony, marking the end of the Honorable Gail S. Tu- san’s tenure as Chief Judge (2014- 2018). The occasion highlighted Judge Tusan’s many achievements in that administrative role, includ- ing her tireless advocacy on behalf of Superior Court’s Accountability Courts and Pre-Trial Diversion Programs and her important work as Co-chair of the Fulton County Justice Coordinating Committee established in 2016. The initiatives Judge Tusan helped to spearhead in that capacity, facilitating col- laboration among Justice Part- ners and earmarking funding for programs to address individuals’ barriers to justice stemming from untreated mental illness and sub- stance abuse, will yield positive results long into the future. First and foremost, it should be remembered Gail Tusan has al- ways been a trial judge. For many years, countless attorneys have admired the deliberate and grace- ful manner in which Judge Tusan conducts the courtroom. Her calm demeanor on the bench tends to permeate all aspects of the pro- ceedings, ensuring that the law— rather than personalities—win the day. As I listened to colleagues, community leaders and others speak about her extensive public and community service and thank Judge Tusan for her leadership over the last four years filled me with a sense of gratitude for my own time spent with Judge Tusan. “Her calm demeanor on the bench tends to permeate all aspects of the proceedings, ensuring that the law– rather than personalities– win the day.” 24 March 2018 Serving as an extern in her cham- bers helped me understand the critical role that legal principles and precedent play in our every day lives and in the conduct of businesses operating throughout this state. Interviewing for the position as a third-year law student, I remem- ber Judge Tusan asking if I was comfortable offering my opin- ion—to which I promptly an- swered “Yes, absolutely!” What I didn’t fully appreciate at that time was that both parties in a litiga- tion are often convinced in the righteousness of their position. So when the Judge actually asked for my opinion on a Motion for Summary Judgment in an impor- tant civil case a few months later, I immediately froze in complete terror. How can a fair-minded individual prevent a plaintiff from arguing their case before a jury? The case involved a dispute over a construction contract, where the scope of work greatly expanded due to unexpected site conditions. The plaintiff-contractor sought reimbursement for additional work and damages for construc- tion delays allegedly caused by the defendant. The plaintiff pro- vided evidence of such costs and damages, and provided evidence