My name is John G. Cicala, Jr. and I am the Municipal Court Judge for the City of Auburn, Georgia.  I try very hard not to know anything about the cases that I will hear prior to the Court date, and I try to forget about them right after I hear them. Why? Because it is not necessary to my job as a neutral and impartial magistrate dealing with the orderly administration of justice within the jurisdiction of the City of Auburn. What is necessary is for me to handle the cases which come before me as fairly and efficiently as humanly possible. Some of the experience that I have is noted below:

I was admitted to the State Bar of Georgia in 1981. My practice has consisted primarily of trial work in the areas of Criminal Law and Domestic Relations / Family Law. I have also handled numerous Personal Injury cases. I have handled cases in the Superior, State, Juvenile, and Probate Courts throughout the state and have served as a Guardian ad Litem in numerous cases.

I have been admitted to practice before all levels of the State of Georgia Court system, including the Supreme Court of Georgia. I have been admitted to practice before the Federal District Court and the United States Court Of Appeals. I have also been admitted to practice before the Federal Bankruptcy Court in the Northern and Middle Districts of Georgia. I am a member of the Georgia Bar Association and the American Bar Association. I am a Life Member of the Georgia Association Of Criminal Defense Lawyers and a past member of the Georgia Trial Lawyers Association.

On an annual basis I complete the Continuing Legal Education and Continuing Judicial Education requirements for my licensing as an attorney and as a Municipal Court Judge in the State of Georgia. In 1995, I also completed the 21 hour comprehensive training course in mediation through the Supreme Court of Georgia, Office of Dispute Resolution. I have also completed the Guardian ad Litem training for the 9^th Circuit.

As a Judge I have participated in a training program for police officers at the Public Safety Training Center in Forsyth, Georgia, and I have Guest Instructor Certification through the State of Georgia Peace Officer Standards and Training Counsel. I have also helped instruct other Municipal Court Judges.

I initially acted as the first Prosecutor for Municipal Court in the City of Auburn during 1992 and later that year was appointed Municipal Court Judge for the City of Auburn, Georgia. I have served there as the Municipal Court Judge since that time. In addition to my judicial duties for the City of Auburn, I have sat as an assisting judge in the cities of Gainesville, Stone Mountain, Oakwood, and Loganville.

I was a member of the Optimists Club of Norcross, Georgia. I have served as an evaluator and a Judge for the Georgia High School Moot Court Competition on numerous occasions throughout the years. I have also served as the Chairman of a Fee Arbitration Panel at the State Bar of Georgia.

About Your Court Appearance In Auburn, Georgia

I like to think that the experience of being in Court is not entirely viewed as a waste of time or just an opportunity for a small town to raise revenue. That is not what the system of justice should be about. My primary goal is not the raising of revenue for the City of Auburn , and I made that clear when I took this job many years ago. That is not what a judge’s function should be, and that is certainly not the way I approach my duties on the bench. On the other hand, rest assured that I will not hesitate to administer fines and other penalties that are either mandatory, or appropriate under the law, while trying to achieve that balance of making the penalties appropriate to the facts of the individual case before me.

If you wish to speak with the Solicitor prior to Court, please let the Clerk of the Court know upon your arrival at Court on your assigned date. Please note that the City Solicitor cannot give you legal advice or tell you how you should handle your case. The only person who can give you legal advice is an attorney, by whom you are represented.

As a judicial officer I cannot give legal advice to the public, or to the City of Auburn. However, I do believe in giving the public as much information as possible in order that people may make an informed decision on how to handle their individual cases. To that end, I have a few guidelines and bits of information to pass along which may make it a little easier when you get to Court in order to expedite your case, minimize your inconvenience and maximize your outcome.

• I will be happy to listen to what you have to say when it is your turn to talk. It is your decision as to what you tell me about your case, should you decide to appear in Court to answer the charge, or charges, against you. If you do chose to make a personal appearance regarding your case, it is in your best interests to think about what you want to say about your case in advance, or even if you want to say anything at all. I really listen to people that take the time to come to Court, because if it is important enough for them to take the time to be there, it is only appropriate for me to take the time to listen to them.

• I expect people to listen to me when it is my turn to talk. You should pay attention to all information given to you in the Courtroom. It may be helpful to you in deciding how to handle your case before the Court. You should also do some common sense things such as dressing appropriately and treating your neighbors and Court personnel with respect.

• You should plan to arrive at Court promptly on your assigned Court date. Upon arrival, you should check in with the Clerk of the Court to let her know that you are present. You will be given a form advising you of certain rights that you can choose to exercise or that you may waive in order to handle your case before the Court. An example of that form is found below, however, you must obtain an original form for you case from the Clerk of the Court on the date of your appearance. You must read that form, fill out the appropriate information and sign in the space designated for your signature before the Court will hear your case.

• Some Court appearances are mandatory. The Clerk of the Court will let you know if your personal appearance may be waived should you desire to pay a fine in advance of the Court date. Mandatory Court appearances are determined largely in the discretion of the Judge, and usually include the serious traffic offenses, shoplifting, possession of marijuana, and other offenses which may cause a suspension of your driving privileges. Under 21 year old drivers are required to appear in person on their assigned Court date.

• Under 21 year old drivers that are still living at home, or still being supported by mom, or dad, or both, please plan on having a parent accompany you to Court. There are numerous reasons for this, not the least of which is that your parents have the right to know that you are appearing in Court. Also, the law treats under 21 year old drivers differently than other drivers and you will probably need some advice, either from an attorney, or a parent, as to how to handle your case in Court.

• The Municipal Court of Auburn, Georgia has jurisdiction over general misdemeanor traffic offenses, certain other misdemeanors and violations of local ordinance. The maximum penalty which can be imposed for most misdemeanors is a fine of One Thousand Dollars ($1,000.00) and a jail sentence of up to one (1) year. The minimum penalty for most misdemeanors is zero time in jail and zero fine. There are certain aggravated offenses under Georgia Law for which fines of up to Five Thousand Dollars ($5,000.00) may be assessed. The Court determines the appropriate fine and penalty in each case. That decision is reached by a combination of factors such as your driving record or other criminal history, the facts and circumstances of the particular case before the Court, and any other factor which may be taken into consideration by the Court in aggravation or mitigation of the penalties in your case.

• For some offenses under Georgia Law there are mandatory penalties which must be imposed by the Court if you are found guilty, or enter a plea of guilty to that offense. These penalties include mandatory minimum fines, automatic license suspensions, and jail time. There are also certain requirements such as attendance at defensive driving, risk reduction class, substance abuse evaluations and treatment, and community service in certain cases. If you have a question about the possible penalties which can be imposed in your particular case, you should consult an attorney of your choice prior to your court date in order to determine if you should have legal representation.

• There are mandatory surcharges which are imposed by the legislature in connection with certain offenses under Georgia Law. All offenses have some surcharges attached to them, however, there are certain surcharges which are applicable to some offenses and not others. The Clerk of the Court can give you a good faith guess as to the amount of the fine or penalty which would be imposed in your case based upon the bond forfeiture schedule, however, that amount may be more, or less at the time you come to Court or come to pay your citation prior to Court. All fines, except those which are mandatory minimum fines, are issued in the discretion of the Court and are determined on a case by case basis.

• If you are not fluent in English you should probably plan on taking some courses in English if you plan to remain in this country. For purposes of your Court appearance, we are able to accommodate persons who speak Spanish, Mong, and Vietnamese. If you speak some obscure dialect, such as Falan Chin, for example, it would probably be a good idea for you to bring someone to Court with you that can help you understand what is being said in English.

• If you are indigent, you may qualify for the services of the Public Defender. The qualifications for cases to be assigned to the Public Defender are looked at on a case by case basis at first Court appearance. A personal appearance is required for you to make application for the services of the Public Defender. Should you not qualify for the services of the Public Defender and wish to have representation by an attorney of your choice and at your expense, the Court will usually continue your case for up to thirty (30) days in order for you to obtain the services of an attorney prior to proceeding with your case. Motions for continuance in order to hire an attorney must be made in Court on your assigned Court date and are considered on a case by case basis.

• Failure to appear on your assigned Court date, without prior arrangements being made to continue your case with the Court, will result in the issuance of a warrant for your arrest.

Hopefully this preliminary information has been helpful to you in advance of your Court appearance in the City of Auburn. All of the Court personnel, including myself, will endeavor to make your experience with the Court system as pleasant as possible under the circumstances. Although this is not a popularity contest, we do try to take a common sense approach to the administration of justice within the City of Auburn, Georgia.