Lawyers have new restrictions involving their access to the hallway outside the General Sessions Court and City Court judges' offices on the second floor of the City-County Courts Building.

Also, the break room where attorneys often congregated next to the judges' offices is off limits under an order signed by all seven judges on that floor.

They are General Sessions Court Judges Bob Moon, David Bales, Christie Sell, Ron Durby and Clarence Shattuck and City Court Judges Russell Bean and Sherry Paty.

Attorneys can no longer go directly from a door in the back of the courtroom into the judges' hallway when five of the judges are sitting. A sign on the door says: "STOP. Court personnel only."

Judges Durby and Shattuck have not restricted that access and are not posting the sign.

Judge Moon said attorneys can still buzz from the public hallway to ask to be let in to speak with judges and can use the judges' hallways for negotiations when no other area is available.

Some attorneys, who are accustomed to wandering the hallway unfettered and snacking in the break room, are disgruntled about the order.

The issue is set to be discussed at a meeting of the Chattanooga Trial Lawyers Association on Thursday.

Judge Shattuck said, "Judge Durby and I signed the order regarding the security of our courtrooms, and we strongly agree that court security should be recognized and procedures adopted. However, we feel to prohibit the use of the hallway and entry to our courtrooms from the hallway door is too restrictive.

"We are aware that there should be no appearance of impropriety, but to keep the Hamilton County probation officers, interpreters, public works officers and other counselors and rehabilitative agencies used by the courts from coming in that doorway is hardly one of impropriety.

"Since these people serve all courts and therefore need to move from one courtroom to another, it makes for commonsense, efficiency and cnvenience, both for them and for the courts, to allow them the use of this doorway.

"Incidentally, the layout of the courtrooms and the private offices of the Hamilton County Criminal Court judges on the third floor are generally the same as the Hamilton County General Sessions Court judges. The Criminal Court judges have no such restrictive rules."

Judge Moon said, "The conditions and logistics on the third floor where the Criminal Courts are located are significantly different than those on the second floor where the General Sessions Courts are located. We have more than five times the number of cases. The third floor courts do not even have a side door as the design on the second floor is much different. It is the same number of steps to go from one courtroom to the next from the front door that is open for attorneys, county employees, probation employees etc. as it is to go from one courtroom to the next from the back door that is restricted.

"Sessions judges receive the defendants in just a matter of hours or days after a serious crime has been committed and when all parties are still very volatile and not months and years later after a grand jury indictment and cooler heads prevail. Sheriff Hammond will be the first to tell you that he is understaffed. We are certainly understaffed when one court officer has to bring five or six inmates out by himself. We need as few people behind our courts as possible to lighten the load and the liability of our court officers and Hamilton County. If a judge does not have to take the safety risk except for convenience, then why should he?"

Judge Moon also said, "Safety of our staff, Hamilton County employees and citizens associated with the courts are our primary concern. Some days the courts are very dangerous and volatile places. Dozens of gang members and other dangerous defendants often infiltrate the courthouse associated with assaults, drugs and homicide cases in which they are often involved. Security must always be analyzed, monitored and modified when necessary to protect citizens, judges and employees."

He said, at the recommendation of Sheriff Jim Hammond, the judges ordered the side entrance door to the hallway on the second floor of the courthouse to be restricted "to all persons except for judges, their administrative staff, bailiffs and court officers."

The restriction is waived in those situations requiring emergency situations or evacuation of the building.

Judge Christie Sell said, "We respect Sheriff Hammond's recommendation and his agreement with our order. We fully agree that the side door was a potential security risk."

Judge David Bales said, "The National Center for State Courts that is a professional security consultant organization strongly recommends that no entrances to judicial chambers should adjoin public hallways. None of us want a repeat of the courtroom/courthouse tragedy that occurred in Fulton County. Moreover, we have imminent security concerns at the courthouse that we cannot discuss publicly."

The judges noted that Brian Nichols was convicted this year of murdering four people in a shooting rampage that began at the courthouse in Atlanta in 2005. The judges said Nichols overpowered a deputy and took a gun from a lockbox and fatally shot three people in the courthouse. Fulton County Superior Judge Rowland Barnes, court reporter Jullie Ann Branadau and Fulton County Sheriff's Sgt. Hoyt Teasley, who attempted to apprehend Nichols. Nichols was apprehended 26 hours later after further killing David Wilhelm, a federal custom's agent, in Wilhelm's home in the Buckhead section of Atlanta.

Judge Bales said, "Judges were informed of the potential 'appearance of impropriety' at a recent judicial conference in reference to litigants, attorneys, prosecutors and the public's impressions of judges eating, socializing and discussing cases with lawyers and prosecutors in a judge's kitchen. As a result of the concerns stated by judicial ethics officials, the judges have restricted the use of their private kitchen to all persons except judges, their invitees and administrative staff. By restricting our kitchen, we avoid that potential ethical issue discussed in our conference by disciplinary counsel and avoid the ethical issue of impropriety by appearance."

Judge Sherry Paty drafted a provision of the order regarding the placement of witnesses when the Rule has been called by counsel. The Rule requires witnesses to be removed from the courtroom where they cannot hear the testimony of other witnesses before they are called to testify.

Judge Paty said, "Many of these witnesses are gang members and other dangerous people called to testify. They should not be placed in the hallways behind our courtrooms unattended. Our secretaries and staff deserve to have assured privacy and security in order to effectively and safely conduct their work. The new order requires witnesses under the Rule to be placed in conference rooms or out in the hallways in front of the courtrooms."

Judge Moon said, "We are sensitive to the needs of attorneys and their clients. We have provided an office for public defenders to use in working with their appointed clients. We gave up a large section of our one of courtrooms for the assistant district attorney generals to have and to interview their victims and witnesses. They have several very functional offices in place directly across from our courtrooms. However, the defense bar is also in need of facilities; therefore, we are offering our conference room and courtroom five when available for their needs. Actually, this gives the defense bar a much larger area for them to work."

Judge Moon said, "Many dangerous inmates are brought out of the holding cells and into the courtrooms only two feet away from the rear door that a majority of the judges have restricted."

Judge Paty stated in a memo to all of the judges, "Judge Bean nor I allow access to the rear door of our courtrooms but for our staff. Otherwise, the security measures that we have implemented would be compromised."

Judge Bales said, "Actually, a great majority of the judges have restricted back door access to their courtrooms to judge's staff and court officers only. Notwithstanding significant safety concerns, we believe that attorneys and law enforcement officers who come out of the back door of the courtroom from our chambers at the same time that we take the bench often gives the appearance that the judges, attorneys and officers have been discussing cases ex parte. In fact, some of the judges have had citizens bring this to their attention. The Order is primarily a safety concern but also an ethical consideration."

Judge Moon said, "Actually the side door was posted as an 'emergency exit only' by Sheriff John Cupp years ago. The posted sign is still conspicuously on the door. Sheriff Cupp made significant and necessary security modifications of courthouse access including closing the front door of the courthouse on Market Street. Stairways and side doors on all floors were major security concerns. Security has simply gotten lax over time and access consistently more lenient. We frequently deal with some of the most dangerous defendants in the United States. It is very problematical having people in the hallways immediately outside of our offices that we cannot identify and who are unattended. Just this week Judge Paty discovered a disoriented man in her office holding a belt in his hand. The front entrance on the second floor will remain open where attorneys and citizens having business with the judges or staff can enter. We believe that these security modifications will help to ensure the safety of our staff and county employees, align us more closely with our ethical obligations as judges and hopefully promote the public's confidence in their local judiciary."

Here is the full order:

IN THE GENERAL SESSIONS COURT/CHATTANOOGA CITY COURTS

OF HAMILTON COUNTY, TENNESSEE

IN RE: LOCAL RULE ALL DIVISIONS OF COURT

O R D E R

In the interest of ensuring and maintaining the security and safety of the general public, judges, administrative staff, judicial chambers, offices and facilities, and to ensure the security and privacy of personal communications among law enforcement officers, judges and administrative staff, pursuant to the issuance of sensitive matters and documents, including but not limited to search warrants, arrest warrants, seizures, forfeitures, mental health and competency matters, and to maintain the privacy of judicial meetings and other interoffice communications, and to avoid the appearances of all unethical improprieties, pursuant to the negotiations, personal and social associations among judges, public defenders, attorneys and assistant district attorneys, the following Local Rule of Court is hereby unanimously adopted; it is, accordingly,

ORDERED, ADJUDGED AND DECREED:

1. That the side door entrance to the hallway on the second floor of the Hamilton County-Chattanooga Courts Building is hereby restricted to all persons except for judges, their administrative staff, bailiffs, court officers and court clerks. The restriction is hereby waived and deemed inapplicable in those situations requiring evacuation or other emergency situations; *

2. That the kitchen/lunch room located on the second floor of the Hamilton County-Chattanooga Courts Building is hereby restricted to all persons except judges, their invitees and their administrative staff;

3. That the conference room behind courtroom four is available for all plea negotiations among attorneys, public defenders and assistant district attorneys;

4. That the civil courtrooms are available for all plea negotiations among attorneys, public defenders and assistant district attorneys immediately after the conclusion of the daily dockets;

5. That the hallway immediately behind each particular courtroom may be used for plea negotiations if other designated areas herein are unavailable and permission is granted by the Court; and

6. That when the "Rule" has been requested by either party, the witness(es) shall be directed to the front hallway and ordered to remain until called upon to testify.

This Local Rule will be strictly enforced in order to establish and maintain its intended purposes as evidenced and so stated herein.

ENTERED THIS _____ DAY OF__________________, 2009

________________________________ ____________________________

Christie Mahn Sell, Sessions Court Div. I Ron Durby, Sessions Court Div IV

________________________________ ____________________________

David E. Bales, Sessions Court Div II Bob Moon, Sessions Court Div V

________________________________

Clarence Shattuck, Sessions Court Div III

________________________________ ____________________________
Sherry B. Paty, City Court Div I Russell Bean, City Court Div II

*Applicable to Chattanooga City Court Judges