Council of Magistrate Court Judges newsletter, 2007 May

Council of
Mdgistrdte CourtJudges

Newsletter

Volume 14, Issue 2
President's Message

May 2007

It's April and the Legislature is still in session. I guess they have their own budget issues with the people in Washington. I look forward to seeing many of you at our next meeting at Brasstown Valley, April 21-23. There are several issues that we will be discussing at the meeting. Of course there will be the legislative report from our lobbyist, Chandler Haydon and the Legislative Committee. We are interested to h o w the status of SB 106 our bill to extend the time on good behavior bonds. Also there are several other bills pending we may be concerned about, including at least one bill on landlord - tenant issues. Several of our coufls are also facing the issue of merger with the Probate Court in their county. At least one Magistrate Court was split off this year fnom the Probate Court in local legislation. We wiIl discuss and continue to monitor our own budget issues and discuss and vote on changes to our bylaws involving our dues and other modification to the structure of our non-profit corporation. Our committees continue to

meet and go forward with the work of the Council. Our Domestic Violence in Georgia Committee is working on a new benchbook and our Mentor Program is pIanning some changes to that program as well. The new evidence mIes on the maintenance of civiI and criminal evidence will be discussed and possibly be voted on.
As my year as President comes to a close, I want to encourage each of you to remain active in the council and continue to provide new energy and ideas to the lead-

ership. I have fully enjoyed my year and am grateful for the support of our judges in making this a fantastic y e a I have worked hard with the other oficers and cornmittee members to keep infomation flowing and available to everyone. I believe that greater communication ha?helped in
strengthening this organization. T
hope that the Council can continue to rely on your participation in the coming years. Thank you for your
continued support. D

Editor's Message

Thanks to Sharon Reiss our Executive Director for keeping this Newsletter on time. Also, Sharon did a wonderful job of "knocking out" an attrition charge from the Westin Peachtree Plaza Hotel resulting from our last meeting in Atlanta.
This week F received a letter from
the Westin accounting department requesting almost $5000,00from the Council for not meeting the block of rooms' contract. Sharon went right to work and was able to convince the Westin to waive the charge. 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 e-mail address is above. I know that we all get busy with our schedules but the newsletter is a p a t way to share infomation and receive input from other judges. Thanks for your support and I look forward to your submissions.
Richard rta@ac!~ialIawyers.com

Page 2

Magistrate Court Judges Newsletter

Summary of Minutes Executive Committee Meeting

February 8,2007

The Executive Committee of the Council of Magistrate Court Judges met this date for a business session, at the Peachtree Westin in Atlanta, Georgia at 5:00 p.m.
President Thomas Bobbitt called the meeting to order with the minutes of the previous meeting and the Treasurer's report being approved by acclamation. Chris Patterson, of the AOC, reported on the State Funds and received the approval of the Committee.
President's Report Within the President's Report,
Judge Bobbitt sought and received approval for the reappointment of Judges Holt, Thurman and Padgett to the MCTC Board. He also got approval for the fresh appointment of Tom Reed to that Board. He also proposed that our Bylaws be modified to require that individuals offering for election as an Officer of the Council, or an Executive Committee Member, must be a member in good standing - namely represent a Court who has paid the membership fees assessed by the Council. The Officers of the Council have also requested the Executive Director to investigate obtaining D & 0 insurance for the Council.
The President also suggested that the Treasurer andlor Executive Director decide on when and to whom floral offerings would be appropriate at times of death or illness.

AOC Report Chris Patterson then reported
for the AOC that: (a)Yolanda Lewis has replaced him after he filled the position formerly held by Marla Moore.
(b)The AOC is utilizing "gotomeeting.com" for the conduct of meetings involving persons who are spread about Georgia.
(c)The Government Affairs section of the AOC has employees monitoring legislation and reporting it on the AOC website.
Exeuctive Director's Report Executive Director Sharon
Reiss reported that she is investigating record keeping requirements for the Court and that the Disc Version of the Benchbook will be available shortly. She also acknowledged those who contributed monies to the Council over and above the standard assessment. A total of $1,700 was received from only 7 Judges. She also encouraged the membership to participate in the ListServ service.
Training Council Report Judge Connie Holt, for the
MCTC, swore in Tom Reed as the newest member of the MCTC Board. She reported that to date MCTC has spent $54,000, with a remainder of $63,000 to spend. Scholarships are available for training ($13,613). She also reported that 11 Judges have only achieved a portion of their man-

dated training, while 13 have zero hours credit.
As part of the MCTC report, A1 Willis reported for the Mentor Program that the first Chiefs Bootcamp, held in December, was unanimously successful. The plan is to conduct the camp every other year.
The President next called for Committee Reports, which were largely distributed in printed form and summarized as follows:
Committee Reports Judge David Wood gave the
Benchbook Committee report saying that a new updated disc will be out shortly. He also extended an invitation to any Judges who would like to join the Benchbook Committee. The Budget Committee has reviewed the income and expenses of the Council and made suggestion that we increase the membership fees to $75.00 per Judge; that the Treasurer be audited and bonded; and made several suggestions to reduce the expenses of the Council.
Connie Holt, representing the Compensation and Retirement Committee, reported that the Retirement is in place and the administrator has collected over $760,000 during the first six months of the program. There are currently 82 Judges participating in the program. All Chiefs should receive a letter from the Retirement Administrator asking for clarifi-
continuedpg 3

Magistrate Court Judges Newsletter

Page 3

Executive Committee Minutes cont.

cation as to their status as either

Haynes Townsend reported for meetings that could be included

full time or part time Judges.

the Legislation Committee that

in the Newsletter. Future dead-

!

There is some plan to honor the

after last year's successes, we

lines are April 15, 2007, July 15,

local certified status above the

intend to be demure this session. 2007 and October 15,2007. He

determination found elsewhere.

If an opportunity presents itself,

can be reached at riaoactri-

Judge Kidwell reported for the Court Technology Committee that efforts are underway to enhance our website, develop more pro se litigant resources, work with the Domestic Violence Committee, and provide, in some fashion, suggested forms. She also requested that the membership send their self-photos to her for an electronic directory. Judge Kidwell can be reached at kidwe1142@yahoo.com.
Judge Walker reported for the

we will try to improve the defining of our Judge's "Full time" status. We have presented and support a bill to extend the term of good behavior bonds from 60 days to 6 months. We would also like to support legislation about abandoned mobile homes and a citizenship requirement for persons offering to be Magistrates. Members should also be aware of HB292 and SB41 which, if passed, could impact the manner of some servicing of certain parties.

allawyers.com.
For the Rules Committee, Wade Padgett suggested that everyone study the proposed rules dealing with Record and Evidence retention. The Committee believes some uniform Rule is needed, but hopes that there will be customized for our level of Court.
Judge Richard Alexander reported for the Site Selection and Training Committee that the next meeting will be on at the Brasstown Valley, in Hiawassee

Domestic Violence in Georgia Committee that a special Benchbook on Domestic Violence is being created at a budget of $12,000. It will target the Magistrate Court. Training in this area is also being developed.
The Internal Affairs Committee report was presented by Baxter Howell who said all complaints . worthy of resolution has been resolved. He also stated that the committee was unanimous in requiring that all complaints must be in writing.
Judge Kidd reported for the

The Liaison Committee report by President Bobbitt disclosed his attendance at the GMA meeting in Atlanta, and their positions on (a) Add-on fines; (b) Enforcement of Traffic Camera Cases; and (c) terms for Municipal Judges.
Judge A1 Willis, for the Membership Committee, introduced the new Judges in attendance. He also said he had sent out a letter to all District Representatives asking them to contact the Chief Magistrates within their district with regard

April 21 - 23,2007. June 29 to July 1, 2007, we will meet at the Forsyth Holiday Inn, in Forsyth, followed in October 16 - 19, 2007, at the Marriott Riverfront in Savannah. This last meeting will be a blended meeting with the Council and Certification meetings occurring at the same place, same time.
There being no further business, the meeting adjourned.
Respectfully Submitted, Glenn Dorsey Secretary Q

Legal Research Committee on

to the timely payment of mem-

two cases. The first dealt with

bership fees, and seeking volun-

witnesses being masked in Court, tary contributions to support the

and the second deals with the

Council's private treasury.

necessity of the convicted to

serve the time - now or much,

*JudgeAlexander, Chair and

much later. These cases will be

Editor of the Newsletter

reported in the next newsletter as Committee again asked for arti-

well.

cles, letters or reports for district

Page 4

More Mentors Needed

Submitted by Rich Reaves

Executive Director, Institute of Continuing Judicial Education

Many more experienced judges are needed to successfully implement

needed from each district. The number of mentors currently available per JAD is: 1st = 11;

the statutorily mandated program 2nd = 11; 3rd = 3; 4th = 3; 5th =

of mentoring for new magis-

6; 6th = 4; 7th = 8; 9th = 6; 10th

trates. Note: 0.C.GA. 15-10-

= 7.

137(b.I). Approximately 67

Judge A1 Willis, Dooly

individuals currently stand ready County, and Judge Jim Thurman,

for assignment as mentors. The

Lee County, welcome hearing

geographic distribution of these

from judges who would like to

persons, vitally supportive of the serve as mentors. This is espe-

mentoring program, is not as

cially crucial in preparing a cadre

richly diverse as is needed to

of experienced judges to coach

meet each year's crop of newly

new designees that will grow out

designated judges.

of the upcoming 2008 election

By representative districts that year.

track the Executive Committee structure of the Council of Magistrate Court Judges, 7 - 8

NEW MENTORING FORM IN PLACE

mentors per district would begin to provide a sufficient pool of mentors, which would total 84 96 people. Across the State per

Anew reporting document for tracking the mentoring relationship between

judicial administrative district

new judges and their more expe-

(JAD), 8 - 9 mentors would be

rienced coaches, or mentors, has

Magistrate Court Judges Newsletter
been issued. In action taken at the April
2 1st meeting of the Magistrate Courts Training Council, a single page form was adopted to serve as both the initial report on mentoring plans and the final report on achieved activities.
Also, the new form presents the mission statement that explains the mentoring program, along with check-off blocks to indicate selected benchmarks or similar activities that reflect the new judge - experienced judge relationship.
This new form prescribes no specific number of activities to be completed by the mentoree, but rather reaffirms the longstanding practice of leaving discretion with the mentor regarding completion of a sufficient number of mentoring experiences.0

From ICJE

ICJE representative, Dr. Lynda Hanscome, notes that there are a few seats remaining in the 20-hour Constitutional Criminal Procedures course on May 2123. Also some space is still open in the 20-hour WebCT course which is an interactive on-line couse dealing with

Domestic Violence; this course is from Oct. 1-Nov. 10. Both of these courses are Professional Enrichment Products (PEP) and are open to judges from all classes of court. See the 2007 marketing materials (mailed in December) for additional enrollment information.

Magistrate Court Judges Newsletter
Interesting Cases

Page 5

LOSING???ALL EVIDENCE AGAINST YOU???STILL NOT GROUNDS FOR "INEFFECTIVE REPRESENTATION" OF COUNSEL
It all began just before 4:00 a.m. on a well-lit street; defendant showed gun to victim, threatened to shoot him, told him to empty his pockets and to put everything, including his suitcase and flight kit, into a nearby truck. Within two to three minutes, victim called 911 to report robbery. At 4:03 a.m., officer stopped a truck for speeding, and suspected the driver to be the armed robber.
Two shell casings fell from the driver's lap when he exited the truck. The officer found two more shell casings in the driver's pocket during pat-down and the victim identified the driver as the robber at his trial, and at the scene of the traffic stop. Officers found the victim's suitcase and flight kit in the driver's truck bed.
The trial court did not err by refusing to appoint the defendant a different attorney since the defendant failed to show that his appointed counsel was unable or unwilling to effectively represent him. The trial court did not err in ruling that the defendant knowingly, voluntarily and intelligently waived a jury trial; since trial counsel testified that she explained to the defendant the difference between bench and jury trials and that the trial court

conducted colloquy with the defendant, explaining the differences between the two types of trials, advising defendant that the choice was exclusively his own and inquiring whether he wished to invoke or waive his right to a jury trial.
The court properly ascertained that the defendant made his election not to testify knowingly, intelligently and voluntarily: The court found that counsel was effective.
Feaster v. State, A06A2070 (02/02/07), 07 FCDR 371
NOT HER HOUSE???THEN SHE CANNOT SAY NO TO A SEARCH
onvictions for cocaine and marijuana trafficking affirmed as trial court did not err in denying defendant's motion to suppress; defendant under surveillance for suspected cocaine trafficking; undercover agent saw defendant leave his home, put white trash bag in hatchback of car and sit in passenger seat of vehicle; while following vehicle agent noticed brake light was malfunctioning; agent called dispatch and another officer stopped the vehicle. Officer detected odor of marijuana as he approached. During the search of the vehicle, approximately 15 pounds of marijuana was found in trash bags in hatchback; both driver

and defendant were arrested. Defendant consented to search of his residence and approximately one-half kilogram of cocaine was discovered there.
The trial court did not err in finding that the defendant lacked standing to challenge search of vehicle, because he had no reasonable expectation of privacy in trash bag he placed in trunk; search of defendant's house did not violate his fourth amendment rights, since he consented to search and his girlfriend's refusal to consent when police arrived was not vicariously imputed to him; defendant failed to show any harm in introduction of innocuous items found during search of his vehicle and shed in his yard.
Valle v. State, A06A0906 (11/02/06) 06 FCDR 3499 Li