Judiciary Category Archives - Atlanta Injury Lawyer Blog Published by Atlanta Personal Injury Lawyer

United States Supreme Court Oral Arguments Should Be Televised For the Sake of the Rule of Law

October 21, 2025 | Robin Frazer Clark

I am sitting here in my office at my desk watching the Georgia Supreme Court oral arguments today, October 21, 2025, on my computer. I am able to do this because the Georgia Supreme Court televises live all of its oral arguments, even when it travels around the State of Georgia for special oral arguments. You and anyone in the world can watch oral arguments by going to the Georgia Supreme Court’s website and simply clicking LIVE Oral Arguments. It’s that easy and that simple. And that’s exactly as it should be.

The live feed of the Georgia Supreme Court focuses on each speaker, whether it is the attorney or the Justice and identifies each Justice as they ask questions. In this way, the public knows which Justice is speaking, and can see for itself how seriously the Court takes every matter before it. And how seriously every lawyer takes being before the Court. If any citizen of Georgia ever had any doubt about how the Georgia Supreme Court operates and how seriously it takes its oath to do Justice and uphold the Georgia Constitution, watching oral arguments would quickly alleviate that doubt. The Georgia Supreme Court’s live televised oral arguments allows every Georgia citizen (and really anyone in the world who is watching) to have complete confidence in our Georgia Justice System and in the degree of due process given to everyone before the Court. Any citizen can also go in person to the Georgia Supreme Court to watch oral arguments. The Court is open to the public for good reason. All of this engenders confidence in our legal system and the Rule of Law.

Now let’s turn to the United States Supreme Court, which, in my opinion, operates in the dark, just the opposite of the Georgia Supreme Court. The United States Supreme Court does NOT televise their oral arguments live, and does NOT have an open courtroom, and this leads to doubt about what it is doing, lack of confidence in its rulings and lack of respect of the Court by the general public. With the Court’s recent unprecedented uptick in the use of its so-called “emergency docket,” nicknamed “the Shadow Docket,” it goes further down in public opinion and confidence.

Who Will Be Democracy’s Heroes? Who Will Save The Rule of Law? Trial Judges? Lawyers? Citizens?

September 4, 2025 | Robin Frazer Clark

Who Will Be Democracy’s Heroes? Who Will Save the Rule of Law? Trial Judges? Lawyers? Citizens?

We are in a Constitutional Crisis. The current Administration has no respect for the Rule of Law and takes actions on a daily basis that are specifically directed to undermine our American Democracy. Even the Attorney General, Pam Bondi, a lawyer, who once upon a time (supposedly) swore to uphold the Constitution, engages in absolute lawlessness, blatantly ignoring Court Orders, which is not only undermining our Democracy but is eroding it daily. As a lawyer who took the same oath, what I am seeing on a daily basis is disheartening, frightening, shocking and scary. Every day I ask: What can we do to stop it? I also have found myself asking: Who will be the Heroes? Who will be the Heroes of Democracy who will, in the end, be the ones who can honestly say their actions saved our Country? Will it be the judges? Will it be lawyers? Will it be ordinary citizens?

Trial Judges-

Robin Frazer Clark Inducted as Fellow of International Academy of Trial Lawyers

August 1, 2025 | Robin Frazer Clark

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Robin Frazer Clark Inducted as Fellow of International Academy of Trial Lawyers

Robin Frazer Clark was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting in Vancouver, British Columbia, July 23-27.

Georgia Rules of Evidence Carry the Day in the Ross Harris Hot Car Death Appeal

June 23, 2022 | Robin Frazer Clark

You have probably heard by now that the Georgia Supreme Court on Wednesday reversed the conviction of Ross Harris for murder for the death of his young child, Cooper Harris, who Ross Harris left in the back seat of a hot car for hours. I think the Court got it exactly right. Many people have some very strong opinions on both sides of this case. All you have to do is check the hashtag #RossHarris to see how polarized the public is on the case. The reversal was certainly big news not only in Georgia, but Nationwide. This was a closely watched case.

This may be Justice Nahmias’s final opinion on the Georgia Supreme Court, and he is going out with a bang. I never thought Mr. Harris should have been prosecuted for murder in the first place. We know through neuroscience that it takes very little time or effort to distract our brains. Just the slightest deviation in our typical routine can make you forget where you intended to go or that a baby is in the car with you. Season 2 of AJC’s podcast Breakdown makes this clear with even an example of an Arkansas judge, Judge Wade Naramore, who left his 19-month-old child in his car while he was in court, resulting in the child’s death. The judge’s 911 call is one of the most horrific calls you will ever hear. You’ll also hear about an elementary school principal who left her home early one morning with her baby in her car seat in the back seat. It was too early for her to drop the baby off at day care, so the school principal deviated from her typical, normal route to go pick up doughnuts. Then she drove to school. Hours later a teacher saw the baby in the back seat. They rushed to get her out but she was dead. That simple deviation to the doughnut shop made the elementary school principal forget her child was in the back in her carseat. I urge you to listen to the AJC’s podcast. Season Two is called “Death in a Hot Car.”

Today, there are many tools a parent can use to help you remember your child is in the back seat, e.g., Baby in Car Seat Alarms, that sound an alarm and flash lights in your car if you forget your child in his car seat. There are phone apps, e.g., Kars 4 Kids Safety, or Backseat App, that alert you to check for you child in the backseat. Even the GPS app WAZE has added a Child Alert to remind you to check on your child before getting out of your car. This shows that anyone can make this mistake and now there are tools to help you not make it. The National Safety Council has tracked children left in hot cars for over 20 years. It reported that in 2018, 52 children died being left in hot cars. Since 1998 over 800 kids were lost from vehicular heatstroke. Of these deaths, 24% occurred in employee parking lots, just like Cooper Harris. This is telling. For those who are adamant that “this would never happen to me,” we know through neuroscience that that belief is simply one created through a heuristic called “defense attribution.” “Defense Attribution” is defined as “bias or error in attributing cause for some event such that a perceived threat to oneself is minimized. For example, people might blame an automobile accident on the other driver’s mistake because this attribution lessens their perception that they themselves are responsible for the accident.” Our minds do this to us when there is something so horrific you can not imagine it ever happening to you. We also know that the worse the event, the stronger the human mind insists it would never happen to me. This is something personal injury attorneys often face with jurors in cases in which the injuries to the plaintiff are horrible.

Georgia Supreme Courts Celebrates 175 Years

December 3, 2021 | Robin Frazer Clark

Oyez, Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of Georgia, are admonished to draw near and give their attention, for the Court is now sitting. God Bless the State of Georgia and this Honorable Court. May it please the Court.

Yesterday, I was honored to speak in the Georgia Supreme Court as part of the Court’s 175th Anniversary Celebration. The Celebration began Wednesday evening with a lovely dinner at The Commerce Club. Thursday was a full day of seminar on the history of the Supreme Court and biographies of various former Justices. I spoke about the creation of the State Bar of Georgia in 1964, which was approved by the Georgia Supreme Court and five years later held to be Constitutional in two separate cases. It was one of the highest honors of my career. I am sharing with you below my presentation.

We are very fortunate to have the Georgia Supreme Court and the State Bar of Georgia, which, together, protect your rights to live in a Just society, grounded in the Rule of Law, so that all may reap the benefits and rewards that our system of Justice provides.

“Isn’t That a Jury Question?” U. S. Supreme Court Bores Down to the Heart of the Matter in United States v. Tsarnaev

October 13, 2021 | Robin Frazer Clark

“Isn’t that a jury question?” As a trial lawyer who has tried 75 jury trials in Georgia, that is my default position, i.e., a jury should decide each issue of fact. Not a trial judge and certainly not an appellate court. Juries perform this task of finding facts every day, in every courtroom in the United States. It’s what juries do…and it’s the very foundation our system of Justice is built upon.

Yet, too often, we see trial judges, and then even appellate judges, invade the province of the jury and decide the case for herself/himself. This, plain and simply, is not allowed. The Standard of Review of a denial of a motion for summary judgment, for example, requires [an appellate] Court to “view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. And at the summary-judgment stage, we do not resolve disputed facts, reconcile the issues, weigh the evidence, or determine its credibility, as those matters must be submitted to a jury for resolution.” Orr v. SSC Atlanta Operating Co., 860 S.E.2d 217, 222 (Ga. Ct. App. 2021), reconsideration denied (July 14, 2021). It really can’t be any plainer than that.

The United States Supreme Court, the highest appellate Court in the country, rarely, if ever, even discusses issues of fact, much less decides them. You can imagine my surprise, then, when in today’s oral argument in United States v. Tsarnaev I heard Justice Sotomayor ask exactly that question: “Isn’t that for a jury to decide?” Whoa! Wait a minute! What just happened?! A Supreme Court Justice never asks a question like that, does she? And yet I heard it with my own two ears! Interesting.

Waiting On Your Jury Trial? We Can Relate

September 8, 2021 | Robin Frazer Clark

Just when everyone thought the worst of the COVID-19 pandemic was behind us, the Delta variant swept through the country and became the dominant strain in a matter of weeks. Plaintiffs in personal injury cases who thought they would finally get their proper day in court are now facing the prospects of more delays.

Our team knows that nobody is more frustrated than personal injury victims and their families. Justice delayed, as it is often said, is justice denied. When you choose Attorney Robin Clark and the team to take your personal injury case to trial, we will fight for you until the end.

Zoom Mediations—a Worthy Alternative?

Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand~ Part Two

February 17, 2021 | Robin Frazer Clark

I hope many of you read my last blog post “Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand.” I received some wonderful comments about it, which led me to want to add a bit more to my thoughts on the subject and, hence, this is Part Two of that blog post. I want to add to the list of why it would not be a good thing to start back up civil jury trials right now when only a small percentage of the Georgia population has been vaccinated. That reason is that Covid-19, without dispute, has disproportionately affected African Americans and people of color (BIPOC) than other citizens. Even the CDC admits this. The CDC states:

“There is increasing evidence that some racial and ethnic minority groups are being disproportionately affected by COVID-19.^{[2], [3], [4], [5], [6]}Inequities in the social determinants of health, such as poverty and healthcare access, affecting these groups are interrelated and influence a wide range of health and quality-of-life outcomes and risks.^[1]To achieve health equity, barriers must be removed so that everyone has a fair opportunity to be as healthy as possible.”

And yesterday (February 16, 2021) Georgia tied its highest reported daily deaths of 180 from Covid-19, so that hospitalizations may be going down but the death rate is not.

Whoever Wants To Serve on a Civil Jury Trial During a Pandemic Raise Your Hand

February 8, 2021 | Robin Frazer Clark

We are now one year into the Covid-19 Pandemic. And I can’t even believe I just wrote that sentence. One entire year. I confess that when we first went into lockdown back in March 2020 (remember that?) I foolishly thought maybe the entire thing would be over in a month or two. Boy, was I wrong! I have been able to adjust to virtual everything to keep my cases moving. Zoom depositions, Zoom hearings, Zoom mediations, Zoom podcast taping (See You In Court), Zoom everything but a Zoom jury trial. And that’s where I draw the line. The Chief Justice of the Georgia Supreme Court just extended (for the 11th time) the suspension of jury trials (both civil and criminal) for another month by Declaration of Statewide Judicial Emergency. Many judges and lawyers haven been working to find a way forward to get out jury trials started back. The consensus is that backlogged criminal trials will be first in line, followed by civil jury trials. One of my friends and fellow trial lawyers makes a good point: why should criminal trials go ahead of civil trials as long as the accused person is out on bond awaiting trial? Justice for our civil case clients if just as important as Justice for crime victims and society. But I haven’t really heard anyone explain to me yet why criminal trials will go first once we get jury trials back up and running. Today I was in a meeting with a judge who said she didn’t think civil jury trials would be back until 2022. That would be two whole years without civil jury trials. Fortunately, in many of my cases I have been able to move the ball forward, resolving numerous cases through Zoom mediations and some through just good old-fashioned settlement negotiations. But for those cases I cannot resolve, the only hope for resolution is a jury trial.

In that same conversation with a Fulton State Court judge, she mentioned there may come some point that parties will be ordered to conduct a trial before everyone is vaccinated and while we are still required to wear a mask and social distance. I haven’t seen that yet and, hopefully, won’t be faced with that, but, for now, if I am ordered by a trial judge to do so I would have to object. There are numerous reasons why that have convinced me it is not in my clients’ best interests to move forward with their one and only jury trial in their one and only case until the Pandemic is completely over, finished and done with. For good. I have been asked about this not only by other lawyers, but also by numerous non-lawyer friends (yes, I have some of those) as well. It seems to be an interesting conversation starter.

So why do I think it is not in my clients’ best interests to have a jury trial now during the Pandemic? Without going into too much detail, here are just a few:

Remembering a Great Jurist and a Dear Man: Justice George Carley

November 30, 2020 | Robin Frazer Clark

We received some sad news this Thanksgiving weekend about a dear friend. Justice George Carley had died.

Many tributes are now coming in about Justice Carley. One, from Judge William Ray, (U.S.D.C.,Northern District of Georgia) touched me and let me know we had similar relationships with Justice Carley. The Georgia Supreme Court, from which he retired, also paid tribute to him and I urge you to watch it. These tributes reminded me of my relationship with Justice Carley that I now share with you in memory of him.

Justice Carley was a proud “Double Dawg,” meaning he graduated from both undergraduate school and law school at The University of Georgia, often referred to as just “The University,” as if there were no others. He is the only person to have served as both Presiding Judge and Chief Judge of the Georgia Court of Appeals, and the Presiding Judge and Chief Judge of the Supreme Court of Georgia.