Business Court Judge Walt Davis offers litigants ‘day in court’

ALBANY — As the sole judge in the state’s recently convened Georgia State-Wide Business Court, a court whose operations are largely based on his recommendations, Walt Davis might be forgiven a sense of arrogance if he indeed carried one.

But Davis, who spoke to the Albany Rotary Club at Doublegate Country Club Thursday, told the audience that he has a simple way of staying grounded.

“I have a 6-year-old and a 5-year-old,” Davis told Rotarians. “I was trying to explain to one of them what a judge does, and I said, ‘Well, I get to decide who’s right and who’s wrong.’ He looked at me for a minute, then said, ‘Oh, you mean like Mommy?’”

Davis, who convened the statewide Business Court in August, left a prestigious position as managing partner of the Atlanta offices of the international Jones Day law firm to assume the Business Court judgeship, the only such position in the state, Georgia Appellate Court Judge Ken Hodges told the audience while introducing Davis, that is an appointed rather than elected position. Davis did note, though, that he went through a confirmation process with both the state House and Senate Judiciary Committees.

“The long version is, I come from a family of public servants,” Davis said after the Rotary meeting. “I never saw myself growing up as a big corporate lawyer, and I did a fair amount of pro bono work (as an attorney) to scratch that public service itch. The opportunity to serve in this capacity was one I agreed to take not without a significant amount of sacrifice and buy-in by my wife.

“But while I was working with the legislature to help create this court, I knew exactly what it would entail. And, yes, I started thinking to myself, ‘What would it be like to be the first person to hold this position? What if I did this?’ So I started watching out of the corner of my eye, listening to the conversations. And when Gov. (Brian) Kemp called and asked me about taking the job, I had a couple of concerns that I relayed to him. He — and (Georgia Supreme Court) Chief Justice Harold Melton — have been very supportive as I’ve transitioned into the court.”

Davis said that one of his primary concerns as a lone judge in a statewide court is that the court’s work be relevant “to you guys down here in Albany,” even though the Business Court is located in Atlanta. He gave the civic group a tutorial on the workings of the court.

“I decided initially to be like one of the old circuit riders, to go where the cases took me,” he said. “But COVID has helped me to see that (social media applications) make this process of conducting court in Atlanta more palatable.

“Still, I made a commitment that if I were invited to do things like speak to your club today, I would get in my car and do it.”

Davis said the Georgia State-Wide Business Court:

♦ Is the first established in the state in 114 years;

♦ Is currently open (and has thus far gotten involved in 15 cases);

♦ Is currently limited to himself as a single judge; (“We started with five judges, but we priced that out and decided to go with three. We priced it out with three judges, and decided right now we’d go with one.”)

♦ Is the first trial court in the state to publish all of its decisions;

♦ Is the first trial court to livestream all of its proceedings;

♦ Operates under its own standing orders and rules (which Davis said are being scrutinized by federal officials);

♦ Has a filing fee of $3,000 (“You have to want to be in business court; we are going to litigate complex issues.”);

♦ Is headed by an appointee rather than an elected official (for an initial term of five years).

Davis said cases can be heard in the Business Court if filed directly to the court, by transfer from State or Superior courts, or by agreement. If a party does not agree to a hearing in the Business Court, the case goes back to State or Superior Court.

“We’ve averaged a case a week — 15 so far,” Davis told the civic club, whose audience included U.S. Attorney for the Middle District of Georgia Charlie Peeler. “I have broad discretion in the cases I’ll hear, but what I’ve seen over the years is that the outcomes of most business cases are determined usually by one or two issues.”

The Business Court Judge said that “putting on that robe for the first time and announcing a ruling” came with a sense of responsibility that he doesn’t take lightly.

“There’s an exhilaration, yes,” Davis said. “But it’s equal parts excitement and a great sense of responsibility, a weightiness that nothing can prepare you for. Thankfully, I’m making decisions in a subject matter that I know about. I can’t imaging making those kinds of decisions in matters that involve life and liberty. That’s a whole other responsibility.

“The No. 1 thing I do in court is try to reflect on the good judges I’ve been in front of and how they treated me. I want to do that; have all parties involved walk away feeling that they got their day in court.”

Staff Photos: Carlton FletcherStaff Photo: Carlton Fletcher

Staff Photo: Carlton Fletcher