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Fulton County Magistrate Court will soon have just three support staffers | Why that matters

The American Rescue Plan allowed Georgia's busiest magistrate court to hire ten extra support staff for "Project ORCA."

FULTON COUNTY, Ga. — Fulton County's Chief Magistrate Court Judge is warning the community about the potential for increased delays as COVID-era funding comes to an end. 

According to Chief Judge Cassandra Kirk, the Fulton County Magistrate Court faced "chronic understaffing and a lack of resources" long before the COVID pandemic.

But it was COVID-era relief that offered a much-needed lifeline. The American Rescue Plan allowed Georgia's busiest magistrate court to hire ten extra support staff for "Project ORCA."

"Of those 39,000 ORCA cases we had back in 2021, we've closed 36,000 of those," Kirk told 11Alive. "In addition to closing those ORCA cases, we have continued to run our landlord-tenant calendars, our first appearances, small claims... everything else that is required of us."

Most of the ORCA staffers are already gone. The final four are funded through Aug. 27. After that, there will be just three support people on staff.

"We understood they were temporary positions, but the problem for the magistrate court is we have always had the bandage positions," she said. "We are not going to be able to run six to eight courtrooms. We are not going to be able to run morning and afternoon sessions."

She said they're looking at having ten full-time judges, up to 16 part-time judges and three support staff. 

"The numbers don't add up," Judge Kirk said. 

She said they are committed to staffing electronic warrants 24/7 and presiding over first appearances six days a week. She's not sure what they can handle beyond that, so she wrote commissioners and urged them to reconsider funding the extra positions.

"Their expertise has been a key factor in ensuring timely access to justice for our community," she wrote. "Without their continued support, we risk losing the momentum we have built, which will result in increased delays in case resolution and diminished public trust in our judicial system."

But so far, commissioners have not agreed to extend funding for any of the ORCA staffers.

"I knew. The Board of Commissioners knew. Every department head knew at the time that there was a sunset provision, which means that at some point in the future, the money and the positions would expire," Fulton County Commission Chairman Robb Pitts said. "That money is over. Those positions are gone. It's been a very successful program, and we're proud of what we have accomplished, but the board has spoken. It's over."

11Alive reached out to every Fulton County Commissioner to see if they were interested in revisiting the idea of funding the ORCA positions. Aside from the chairman, only District 3 Commissioner Dana Barrett responded. 

"I support the extension of Project ORCA funding through the end of the year for all of our justice partners, including the Magistrate Court. ORCA was funded by the American Rescue Plan to address the case backlog accumulated during COVID. It should end when those cases have been fully addressed," she wrote. "Unfortunately, despite the fact that the funds are available and against the County Manager’s recommendation, the Board was not willing to extend the program accordingly. I’m hopeful that we can revisit this issue at our next board meeting with a focus on serving the community and setting our justice system up for success going forward."

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