Lori B. Duff Chief Judge Lori Duff, Editor CMuCJ President-Elect Municipal Court Loganville

These are strange times, indeed, to be a judge. Of course, they are strange times to be anyone, but as judges we are looked to as leaders in our communities and we are in charge of the aftermath of what occurs in many instances.

I, for one, am proud of how the Council of Municipal Court Judges has responded to this crisis. The Council, led first by Judge Bubba Samuels and now by Judge Willie Weaver, was one of the first to suggest to its member Courts to protect the public by continuing non-essential matters and encourage social distancing. We have taken the lead in publishing suggestions in how to handle more pressing cases and probation violations. Our guidelines have become the template for more comprehensive guides throughout the state.

And now, here we are, by dint of individual wisdom and governmental fiat staying as far as

we can from one another and trying not to go crazy by looking at the same four walls and the same people day after day. If social media is any indication, we aren’t doing such a great job of staying sane on house arrest.

That’s something to think about: it is difficult, being restrained from our normal freedom, isn’t it? We take for granted our ability to go and do whatever we want whenever we want. As lawyers and judges our time is restrained by the Courts and we have to go and do based on the strict time limits of the law, but for the most part, if we want to travel, we travel. If we want to see a movie in a theater, we do it. If we want to go out for a good steak, we go out for a good steak. We can’t do that now, and we chafe against those restraints.

Yet still we are stuck in our comfortable homes, wearing the clothes that we chose, sitting on the furniture we bought and carefully arranged to our own tastes. The people who live in our homes we chose to live with. We can step outside and smell the fresh air whenever we want. We can go to the grocery store and eat food to our liking, assuming we know how to cook it or can find a restaurant that is doing take out or delivery or allowing us to eat in a socially distant dining room. We go to bed when we like and wake when we like, and our right to free speech is as intact as ever.

Although less free than we are accustomed to, our lives are still free. Compare this to being in jail, where we don’t pick our clothing or our roommates; our bedtimes and wake times are chosen for us; our meals are pre-determined; and our contact with fresh air is limited if available at all. We can’t call or Zoom or Facetime or Skype our loved ones when we please. Granted, we have committed no crime and have no debt to pay to society. Still, I think this is something we ought to consider when handing down our sentences, and this experience ought to give us pause when assigning jail time for minor offenses. If staying at home for a few months is this difficult, does a person need to go to jail for a few months because they haven’t paid a $500 fine or done 50 hours of community service? Maybe they do, tough love is necessary sometimes and every circumstance is different. I’m just saying that this experience should help us have some empathy towards the disruption of the lives of the defendants our sentences give. It’s one more tool in our decision-making toolbox.

In the meantime, I hope you stay safe and sane in your socially-distant homes and I wish you all well.

Lori B. Duff

Chief Judge Lori Duff, Editor
CMuCJ President-Elect
Municipal Court Loganville