Cuzzort v. State

In Cuzzort v. State, 271 Ga. 464 (519 S.E.2d 687) (1999), the Supreme Court noted that the "precise method of assigning and calendaring cases . . . must comport with the notion of due process . . . as well as the spirit and purpose of the uniform rules and applicable statutes." Id. at 464. It then determined that because the district attorney makes the case assignments to the judges and sets the trial calendar, such system violated USCR 3.1 and abused the inherent discretion of O.C.G.A. 17-8-1. Despite the Court's finding that the district attorney conducted himself in a professional and unbiased manner, the Court held that it could not "uphold a system of case assignment and calendaring that allows a party to assign a case and then randomly call the case for trial." Id. at 465 (3). The Court determined that "such a system failed to comply with the intent and purpose of the uniform rules and applicable statutes, and thus failed to serve the administration of justice." Id.