Council of Magistrate Court Judges newsletter, Feb. 2007

Council of
Mdgistrdte CourtJadges

NwsIetter

Volume 14, Issue 1
President's Message

February 2007

Winter has arrived, the Georgia General Assembly is in session, and the wodd is moving very fast at the Capitol. It is important for our Council to be seen and heard at the Capitol where bills are being discussed , that may affect our courts in the future. I am proud to represent our Council as your President along with our lobbyist, Chandler Haydon and our new Executive Director, Sharon Reiss. The committee process has already begun and we have started the process of speaking and listening on your behalf. Remember if you have any proposed legislation, please contact Haynes Townsend or, Billy Randdl of the Legislative Committee or Kim Warden, or myself with the legislation, so that it can be presented to the Executive Committee for approval. The months since the meeting in Albany have been very event-

ful and rewarding, The officers of the Executive Committee had our first ever retreat where we discussed several important goals for our Council. The officers have implemented several new procedures and have streamlined the agenda for the Executive Committee Meeting and Genera1 Business Meeting. We hope these changes will encourage more participation from all o f you that attend these meetings. We will also have some excellent training for this year.

Let us come together during the session for the whole of the Council of Magistrate Court Judges. Many of our judges continue to use the listserv to ask interesting questions and discussions about law and procedure in our courts. Please remember to be respectful of others and be courteous to all that participate.
I look forward to seeing you all at the meeting at the Peachtree Westin in downtown
Atlanta next week. a

Editor's Message

Thanks to Sharon Reiss our Executive Director for keeping this Newsletter on time, Sharon has worked very hard in the last few months pulling together our meeting locations and arranging speakers for the training sessions. Thanks Sharon. Remember we need your input and participation. If you have some great news to share, a district meeting to publish or would like to submit an article about a

particular area of the law that you are familiar with, please send your articles to me. My email address is below. I know that we all get busy with our schedules but the newsletter is a great way to share information and receive input from other judges. Thanks for your support and I look forward to your submissions. Q
Richard
rta@actriallawyers.com

Page 2
Summary of Minutes
September 29,2006

Magish;ate Court Judges Newsletter
Executive Committee Meeting

The Executive Committee of the Council of Magistrate Court Judges met this date for dinner and a business session, at the Flint River Aquarium in Albany, Georgia at 6:30 p.m.
Following dinner, President Thomas Bobbitt called the meeting to order with the minutes of the previous meeting and the Treasurer's Report both being approved as presented. Chris Patterson, of the AOC, reported on the State-appropriated funds and received the approval of the Committee.
Within the President's Report, Judge Bobbitt officially recognized the departure of Marla Moore from her position as Associate Director of Court Services. She will continue her work to improve the Georgia Courts by working with the Criminal Justice Coordinating Council. On behalf of the Council, Haynes Townsend presented Marla with a gift followed by some well-deserved, endearing comments. Marla also received a standing ovation from the Executive Committee.
Chris Patterson then gave a report on the AOC within which he informed the Committee of the availability of the MCIS Software. The software will be provided and supported without charge. The enhanced version of MCIS will enable AOC-IT to support the case management system remotely and streamlines the program modifications and data storage processes. He also

encouraged the membership to utilize the listserv.
President Bobbitt reported that he would not make any memberat-large appointments to the Executive Committee, in order to minimize meeting costs.
Judge Connie Holt reporting for the MCTC announced the resignation of Michael Baird. Judge Baird accepted an appointment as Assistant District Attorney in Ellijay, Georgia. Judge Richard Alexander will serve as Training and Site Chairman for the unexpired term. Judge Holt then reported MCTC had approved new mentor forms and elected Judges Jim Thurman and A1 Willis as Chair and CoChair, respectively, to the Mentor subcommittee.
Next. Judge Holt announced $200,100 was budgeted for magistrate judges training activities for the current fiscal year. A WebCT pilot program will be launched next week. A training program for new chief magistrates, developed by Judge A1 Willis, will be held in December.
Committee Reports The President next called for Committee Reports, which are summarized as follows:
Judge James York reported that he had nothing to report for the Awards Committee.
Judge David Wood gave the Benchbook Committee report stating a new update will be published shortly. He also extended

an invitation to judges to join the Benchbook Committee.
Connie Holt, representing the Compensation and Retirement Committee, reported that the Retirement Board has been assembled, is active and has held two meetings. Several eligible Chief Magistrates have elected not joined the retirement program, and six counties have yet to remit their fees. Judge Holt then announced the upcoming C.O.L.A. would be 2.9%. Judges whose compensation is based on population should consult the Department of Consumer Affairs for the most recent population estimates. Because these estimates are considered "official" the information can be used to adjust population-based salaries.
Judge Kidwell reported for the Court Technology Committee that the website is being updated. She also requested that the membership submit photos for inclusion in the pictorial directory. Judge Kidwell can be reached at kidwe1142@yahoo.com.
Judge Warden reported in Judge Walker's absence for the Domestic Violence in Georgia Committee. She announced the committee met via conference call and discussed several initiatives including revising forms and developing a domestic violence benchbook.

Magistrate Court Judges Newsletter
Executive Committee Minutes eont.

Page 3

President Bobbitt announced Baxter Howell had been appointed to the Hospitality Committee. Gene Wells informed the Committee that a hospitality room has been set up and that everyone was encouraged to visit and enjoy the fellowship of fellow magistrates. Representatives from Syscom and Judicial Alternatives of Georgia (J.A.G.) are onsite and will be available to confer with the judges about their products during breaks and following adjournment. Tomorrow's barbeque is being sponsored by JAG. The Committee voted to waive the $350.00 vender fee assessed to J.A.G.
The Internal Affairs Committee report was presented by Baxter Howell who stated he had nothing to report.
In the absence of Judge Kidd, no report was available for the Legal Research Committee.
Reporting on behalf of the Legislation Committee, Haynes Townsend noted the Council would adopt a defensive posture during the 2007 legislative session. This year's legislative agenda is to monitor and assess bills which may affect the magistrate courts intervening accordingly. Legislation on the following topics is anticipated:
(a) Increased Civil Jurisdiction; (b)Increased Criminal Jurisdiction; (c) Compulsory school attendance;

(d) Increase from 60 days to 6 months the term for Good Behavior Bonds; (e)Add simple battery to Cruelty to Children (3rd degree); (f) SB383 - Superior Court Clerks to - we would prefer its defeat; (&Some resolution of issues raised in the removal of Mobile Homes; (h)Possibility of adding Magistrate Judges to those who can carry concealed weapons; (i) Consider follow-up filings to be under old case number; (j)Clearance that the Magistrate Ruling stands unless the Appeal is pursued; and (k)Add Citizenship to qualifications of Magistrate Judges.
The Legislation Committee also recommended a $6,000.00 increase to Council Lobbyist, Chandler Haydon's compensation package from $24,000.00 to $30,000.00. The recommendation was approved by the Executive Committee, subject to fund availability.
During the Liaison Committee report Tommy Bobbitt disclosed that GMA met during the past week and most of the conversation centered upon court fees and fines issues.
Judge A1 Willis, for the Membership Committee, reported that the new Boot Camp Program continues to be a work in progress with ten judges having signed up. He also introduced the new judges in attendance.

Judge Alexander, Chair and Editor of the Newsletter Committee again asked for articles, letters or reports for district meetings that could be included in the Newsletter. The deadline for the next edition is October 13, 2006.
For the Rules Committee, Wade Padgett invited the members to examine the proposed rule on evidence retention. The Committee is hopeful that the rule would be applicable only to Courts of Record.
Judge Richard Alexander reported for the Site Selection and Training Committee that the next meeting will be on at the Peachtree Westin in Atlanta from February 8-10, 2007.
President Bobbitt next introduced Sharon Reiss at the newly hired Executive Director to the Council of Magistrate Court Judges. Ms. Reiss spoke briefly of her excitement for having been selected and eagerness to assist however called upon.
Committee appointments were announced are as follows:
Awards: Judge James York Benchbook:
Judge C. David Wood Compensation:
Judge Connie Holt Court Technology:
Judge Betsy Kidwell Domestic Violence:
Judge Daphne Walker
continued pg 4

Page 4

Magistrate Court Judges Newsletter

Executive Committee Minutes cont.

Hospitality: Judge Victor Wells, Chair Judge Hal Morris, Co-Chair
Internal Affairs: Judge Baxter Howell
Legal Research: Judge Hopkins Kidd
Legislative: Judge Haynes Townsend, Co-Chair Judge William Randall, Co-Chair
Liaison: Judge Thomas C. Bobbitt, 111
Membership: Judge A1 Willis Newsletter:
Judge Richard Alexander Rules: Judge Wade Padgett Site Selection & Training:
Judge Richard Alexander, Chair Judge Jeff Davis, Vice-Chair
Additional appointments were made to fill the following vacan-
cies: MCTC - Judge Wade
Padgett to fill the unexpired term of Judge Baird; ICJE Board of

Trustees - Judge Jim Thurman;
District Three Representative -
Judge Jim Thurman; District Six Representative - Judge Daphne Walker. The Secretary and Treasurer were also appointed to serve with the President as a Budget Committee to explore funding availability for the lobbyist' raise and other budgetary matters. Members are encouraged to express opinions in all matters relating to the Council.
Chris Patterson of the AOC announced a supplemental budget request in the amount of $20,000 was made on the Council's behalf for Westlaw legal research service. The request was approved by the Judicial Council Budget Committee but final approval rest with the General Assembly, He also indicated the Probate Council has extended an invitation for magistrates to access

Westlaw through their existing agreement with West. The expense would be approximately $16.00 per month /per judge and could be paid with state funds. The Cornmittee elected to defer the decision of enrolling under the probate judges' plan to individual judges.
Mr. Patterson also informed the Committee that the Judicial Council is in need of a sponsor for the December Reception at their meeting. The Cornmittee voted to table the question until a budget review of the matter is conducted.
There being no further business, the meeting adjourned at 8:03 p.m.
Respectfully Submitted,
Glenn Dorsey Secretary C;II

Donations
The Council thanks the followingjudges for their voluntary contribution to our private funds as of February 8, 2007.

BO EARNEST LARRY WALL HARRIS BROWN ROBERT COFER I11 PAMELA WHITESIDE GLENN DORSEY JOE ROWLAND JAMES N BUTTERWORTH

DIVIDA GUDE VIOLET BENNETT SUSAN C DENSON BILLY R SANDS WILLIAM A WILLIS 1ST DISTRICT MAGISTRATE COURTS ASSOC.

Magistrate Court Judges Newsletter

Page 5

Chief Magistrate Bootcamp

fter the General elections in 2004, the Council of .Magistrate Court Judges realized that a block of training should be held to assist newly elected or appointed Chief Magistrates as they prepare to take office. This course was one of the goals decides upon at the Council's Strategic Planning Session held at Amicalola Falls State Park in April, 2005. The course was original designed as an eight hour block of instruction. Mr. Rich Reaves, Esq. and Dr. Lynda Hanscome of ICJE were very pro-active in working on this project. They offered the 20 hour block of training, Chief Magistrate Seminar, as the platform to build this course. On December 13-15,2006 the trial run of Bootcamp was held at the Center for Continuing Education at the University of Georgia. The following Judges and Staff were in attendance.
Newly appointed Chief Magistrates: Judge Fritz Joh, Heard County; Judge Bob Turner, Houston County; Judge Darrell Snider, Bryan County.

Newly elected Chief Magistrates: Judge Robert Godwin,
Henry County; Judge J.J. McMillian,
Colquitt County; Judge Shirlene Brown,
Meriwether County.
Chief Magistrates elected in 2004: Judge Mary Kathryn Moss,
Chatham County; Judge Chris Mathis, Floyd County; Judge Mable Bolling, Lanier County.
Ms. Sharon Reiss, Executive Director of the Council of Magistrate Court Judges
The class curriculum included information about the many administrative duties of a Chief Magistrate, contact sources in the Council, ICJE, AOC, and JQC.
A field trip was taken to Morgan County to observe Judge Connie Holt conduct preliminary hearings and to hold a round table discussion with various elected officials of Morgan County.
Ms. Cheryl Custer, Executive Director of the Judicial Qualifications Commission dis-

cussed the Judicial Code of Conduct.
Judge William Clifton of Magistrate Court of Monroe County spoke concerning judicial immunity and employment issues.
Judge Wade Padgett of Columbia County presented Magistrate Court rules.
Judge Jeff Davis of Monroe County covered OCGA 15-10, which covers the Magistrate Courts in Georgia.
Dr. Lynda Hanscome ,Education Program Specialist with ICJE, informed the class about the nuts and bolts of the Magistrate mentoring program.
Mr. Mike Galifianakis and Ms. Stephanie Chambliss spoke concerning Access and Disabilities Issues to the Court.
This course will always be a work in progress with the hope it will allow a new Chief Magistrate to take office with a solid background of the job and who to call if they have a problem. Q