Chief Judge Poole: Cobb Superior Court managing backlog well

Mar. 21—Just two years ago, "new" defined Cobb County's criminal justice system, from the district attorney and the sheriff to judges of the State and Superior courts.

There was also COVID-19 and its accompanying judicial state of emergency to contend with, not to mention a backlog of nearly 4,000 cases in the Cobb DA's office.

Gregory Poole, 62, is the new chief judge of the Cobb Superior Court. He said that two years on, he and his 10 fellow judges are in a good position to handle the cases that come their way.

Addressing the backlog

Earlier this month, Georgia Chief Justice Michael Boggs told state lawmakers that a major backlog of cases was still plaguing the state's judicial system.

"The numbers in certain parts of Georgia are truly astounding," Boggs, who became chief justice last July, said during his first State of the Judiciary address to a joint session of the Georgia House and Senate. "The resolution will not be easy."

While the problem is statewide, Poole said Cobb Superior Court is managing its backlog well and recovering nicely from the COVID slowdown.

"During the height of COVID, the thing that slowed us down the most was the inability to hold a jury trial," Poole said.

That inability stemmed primarily from challenges with space: It was not possible to have dozens, if not a couple hundred potential jurors in one room due to social distancing rules.

When Poole and his colleagues got jury trials back up and running, they had to use a whole courtroom to spread out jurors, lawyers, the bailiff and defendant, and in another courtroom, TVs were used to broadcast the trial for family members.

Gradually, the Superior Court went from using a single courtroom across three floors to one on each floor, and Poole said that for months now, operations have been back to business as usual.

In 2022, the court held 60 jury trials, "almost all of them serious, violent felony-type cases," according to Poole.

By mid-March, there had been 14 jury trials held by Cobb Superior Court, and Poole expects them to surpass 60 in 2023.

"We're basically back to pre-COVID as far as the number of trials we can have," he said.

Poole's predecessor as chief judge, Robert Leonard, said the hard work of the court's judges allowed them to adapt to the changes wrought by COVID-19, making the court more efficient.

"I am extremely proud of the work of this bench throughout the pandemic and comparatively speaking, we have positioned ourselves to recover from the pandemic-related backlogs faster than some of our neighbors," Leonard said.

Adapting to the pandemic

Even as the court has bounced back from the pandemic slowdown, Poole noted some changes in the court are here to stay.

Though jury trials will remain in-person, different pre-trial and motion hearings are still held over Zoom, thanks to technology the court's IT department installed in all courtrooms.

That allowed the court to begin working with criminal defense attorneys and the DA's office to get more non-violent felony defendants out of jail.

Poole said that helped to make a dent in the backlog the court faced as the pandemic raged in 2021.

He also said Leonard "was instrumental" in leading the court through the age of Zoom hearings, thanks in large part to his position as chair of the Technology Subcommittee of the Georgia COVID-19 Judicial Taskforce.

Leonard has known Poole since the start of his legal career. They were seated on the Cobb Superior Court bench within six weeks of one another. Leonard told the MDJ he thinks his and Poole's approaches are similar and that "the transition has been seamless."

Like Poole, Leonard believes technology-related changes that came about during the pandemic are going to stick around to some extent."

"Judges will need to determine which cases, categories of cases or discrete issues may be most appropriate for virtual hearings, as opposed to in-person court," Leonard said.

Another boon to the court was $2 million in federal American Rescue Plan Act funds for 2022 that helped move violent felony cases along by funding the hiring of more sheriff's deputies, a deputy court clerk and bailiffs. The money also went toward paying senior judges, who are semi-retired, to assist with hearing the cases.

That funding has been re-upped for 2023, Poole said, and an additional $750,000 from the county will further help move those cases forward.

In terms of civil cases, Poole said the court has not had any trouble dealing with them, nor have civil complainants had difficulty getting jury trials in his courtroom.

"We did not shut our courthouse down" during COVID-19, Poole said, and he added that he had COVID in December 2020 but was still able to conduct court from home.

"In my robe, in my tie, in my shirt, I'm not saying that I had on suit pants, but there I was in my study at home with my laptop that had a camera, and if you came into my courtroom, there was a deputy, courtroom clerk, no need for a bailiff, and with these monitors, there I was," Poole said.

He mostly heard domestic dispute cases during that time.

"The only thing that we have not done and that we don't plan on doing is criminal jury trials by Zoom," Poole said. "The defendant has the absolute right of confrontation."

Out of chambers

Poole is proud to be the new chief judge of the Superior Court in Cobb, a county he has called home his whole life.

"I could walk, in 30 minutes, to every place I've ever lived," Poole said as he sat in his Cobb Superior Courthouse office in downtown Marietta.

A product of Marietta City Schools, Poole worked in his parents' business, Poole's Pharmacy on Whitlock Avenue, before heading off to school at Presbyterian College in South Carolina.

Poole went on to Cumberland School of Law at Alabama's Samford University before returning to Marietta, where he practiced in a local law firm for 18 years.

When an opening came up in Cobb Juvenile Court, Poole applied and lobbied the Superior Court judges for the job.

"I had a keen interest in wanting to be a judge," Poole said.

He got the position, and was on the bench for nearly a decade before running, and winning, his seat on the Cobb Superior Court in 2012.

Poole is proud to be the chief judge after a decade on the Superior Court bench, though he noted much of what he does is administrative work. It helps, he added, to have a great staff and 10 fellow judges who are great at what they do.

Outside of the courtroom, the judge enjoys hunting, as evidenced by the trophies dotting his office walls, fishing, and anything else that takes him outdoors. He is also an avid reader, especially history and biographies.

Poole and his wife Lucia, an assistant principal at Harrison High School, have five children together: Poole's sons, Alan and Robert, plus her three children — Zach, who passed away in 2020, Mary Brittain and Jacob.

Nearly 20 years into his career as a judge, and in his 10th on the Cobb Superior Court bench, Poole is well-prepared for the role of chief, according to the man who preceded him.

"Judge Poole is a calm and thoughtful leader and is the perfect person to be leading our court through the next couple of years," Leonard said.