The Reporter's Spring 2006 Notebook Vol 1, Issue 2 The Official Newsletter of Georgia's Magistrate Court Clerks Executive Committee 2006/2007 Officers President, Jo Anne Jones Lowndes County Vice-President, Debbie Barron Fayette County Secretary/Treasurer, Gayle Collins Whitfield County Executive District Members DISTRICT 1: Darlene Seagroves, Effingham Co. DISTRICT 2: Joyce Ray, Terrell County DISTRICT 3: Carla Brown, Lee County DISTRICT 4: Joy Wright, Rockdale County DISTRICT 5: Vacant DISTRICT 6: Jan Streetman, Upson County DISTRICT 7: Freda Maynard, Whitfield County DISTRICT 8: Tammy Underwood, Greene County DISTRICT 9: Brenda Gramling, Cherokee County DISTRICT 10: Cynthia Lewis, Burke County Greetings from the President Hope that all of you have had a great New Year. It is getting time for us to plan our summer vacations, but we want you to save the days in July for our 2006 Clerks and Secretaries Training. Our training this year will be July 12-14 at Brasstown Valley Resort in Young Harris, Georgia. Dr. Lynda Hanscome, ICJE is putting together some great classes and we hope that each of you will be able to attend. If you did not receive registration information about training, you can call Dr. Hanscome or Mrs. Jean Hughes at 706542-7940 and they will be able to help you. If you should have any other questions about our Association, you may contact your district representative or one of the officers. Hope to see you in July! Jo Anne Jones From Your Advisor Hello to all...First I want to apologize for the news letter being so late. I had agreed with the Council of Magistrate Court Clerk and Secretaries to continue getting the news letter out to all of you, but have had some difficulties. I want to continue on with the news letter, but may have to pass it on to someone else for the next year. So, if any of you are interested in publishing the news letter, please let me know. It has been hard trying to figure out what to put in your news letter. I had hoped that I would have gotten some news from our Officers and District Representatives. Please share news with us, so that we can share it with you. There is not a lot to share with you all, except that we had a very a busy Legislative Session this year. The Council of Magistrate Court Judges was successful in getting some things passed and some things defeated. I am going to list some of the bills that were passed, elsewhere in the news letter. Dr. Lynda Hanscome of the Institute of Continuing Judicial Education (ICJE) is working hard with her staff to make sure that all of you have a very educational and informative program in July. Several of us met with Dr. Hanscome in Athens in March to discuss the curriculum and speakers for our upcoming training. As you all know, our training will be in Brasstown Valley again this year, and will be held from July 12th continued pg 3 2 The Reporter's Notebook Council of Magistrate Court Clerks and Secretaries OFFICERS EXECUTIVE COMMITTEE PRESIDENT: JO ANNE JONES (LOWNDES COUNTY) P.O. BOX 1349 VALDOSTA, GA. 31603-1249 OFF: 229-671-2620 FAX: 229-6713440 jjones@lowndescounty.com VICE-PRESIDENT: DEBBIE BARRON (FAYETTE COUNTY) JUSTICE CENTER 1 CENTER DRIVE FAYETTEVILLE, GA. 30214 OFF: 770-716-4230/ 770-716-4236 FAX: 770-716-4855 dbarron@admin.co.fayette.ga.us DISTRICT: 1 DARLENE SEAGROVES (EFFINGHAM CO.) P.O. BOX 819 SRPINGFIELD, GA. 31329 912-754-2124 DISTRICT: 2 JOYCE RAY (TERRELL CO.) P.O. BOX 793 DAWSON, GA 31742 229-995-3757 DISTRICT: 3 CARLA BROWN (LEE COUNTY) P.O. BOX 522 LEESBURG, GA 31763-0522 229-759-6016 SECRETARY/TRES: GAIL COLLINS ( WHITEFIELD ) 210 N. THORNTON AVENUE P.O. BOX 386 DALTON, GA. 30722-0386 OFF: 706-278-5052 FAX: 706-278-8810 gcollins@whitfieldcounty.ga.com ADVISOR: JUDGE CONNIE HOLT P.O. BOX 589 MADISON, GA. 30650 OFF: 706-342-3088 FAX: 706-343-6364 cholt@morganga.org EDUCATIONAL PROGRAM SPECIALIST: DR. LYNDA HANSCOME I.C.J.E THE UNIVERSITY OF GEORGIA 123 DEAN RUSK HALL ATHENS, GA. 30602-6025 OFF: 706-542-7401 FAX: 706-542-4211 Lynda@icje.lawsch.uga.edu DISTRICT: 4 JOY WRIGHT ( ROCKDALE CO.) P.O. BOX 289 CONYERS, GA. 30012 770-929-4075 joy.wright@rockdalecounty.org DISTRICT: 5 VACANT DISTRICT: 6 JAN STREETMAN (UPSON CO.) P.O. BOX 890 THOMASTON, GA. 30286 706-647-6891 jstreetman@mail.com DISTRICT: 7 FREDA MAYNARD (WHITFIELD CO.) P.O. BOX 386 DALTON, GA. 30722-0386 706-278-5052 DISTRICT: 8 TAMMY UNDERWOOD (GREENE CO.) 113 NORTH MAIN ST, SUITE 113 GREENSBORO, GA 30642 706-453-3346 tambone22@hotmail.com DISTRICT: 9 BRENDA GRAMLING (CHEROKEE CO.) 90 NORTH ST. , SUITE 150 CANTON, GA. 30114 678-493-6427 bgramling@cherokeega.com DISTRICT: 10 CYNTHIA LEWIS (BURKE CO.) P.O. BOX 1375 WAYNESBORO, GA. 30830 706-554-8750 cynthia1375@burkecounty-ga.gov The Reporter's Notebook 3 Minutes We had a good meeting on Friday in Macon, Georgia at the Administrative Office of the Courts. Judge Connie Holt, Jan Streetman, Darlene Seagroves, Tammy Underwood, Joyce Ray, Carla Brown, Cynthia Lewis and Jo Ann Jones were in attendance. We discussed the following business: Jo Anne Jones is going to contact Susan Barnes in the Fulton County Magistrate Court and see if she would like to be the district representative. If not we will see if she will suggest someone in her office. We would like to see if Judge Holt and her staff would continue to do the newsletter. It was discussed to see possibly in the news letter if we could get the laws that were updated. ment is issued and then how to collect the judgment. b. Traverse of a garnishment. c. Default judgments against garnishee. d. Unliquidated Hearings. e. Class on Bench Book usage and inquire how much it would be to get a bench book for each clerk to have. We would like for Judge David Wood to teach this. f. Would like for Johnny Warren to teach a class and possibly get the newest edition of his book for each clerk. (Would like to know how much that would be) Some clerks seem not to get the information about training. It was suggested that each district representative contact the counties in the district they represent and tell them about training. Would like for Judge Holt to promote clerks training at the meetings she attends. The following are email addresses that were given to me at the meeting: Jan Streetman jstreetman@mail.com Darlene Seagroves dseagroves@effinghamcounty.org Tammy Underwood tunderwood@greenecoga.gov Joyce Ray magistratecourt@alltel.net Carla Brown cabrown@lee.ga.us Discussion took place re: the certificates. Everyone thought that we needed to do than again. Would like issue them at the training session. Discussion took place regarding having an evening social. Would like to check into this once the training has been scheduled. Our Council will pay for this. We do not want ICJE to pay for this. Talked about issuing awards. Joyce Ray will gather information on this and let us know. We also discussed having door prizes. We will make a decision on this at our next meeting. We discussed possible classes for next school year. We would like for Judge Holt to talk to Dr. Hanscome about the following classes: a. Civil cases from A to Z. This would be from filing until the judg- From Your Advisor cont. thru the 14th, 2006. Dr. Hanscome does such a great job in making sure that we have the best training and speakers at our training. Of course, the subjects being taught came from each of you in your evaluations you turned in last year. Thank you Dr. Hanscome and your staff, for all your hard work put in to making our training a pleasure and full of knowledge. Officers and District Representatives for the council are all working together to make the Council of Magistrate Court Clerks and Secretaries very strong organization. Your voice was heard in the Senate concerning the Clerk Bill, SB 383, and the bill was defeated. I am very proud of all of you that talked to your Representatives and Senators, which really helped defeat that bill. But beware; it will probably pop up again next session. Our meeting in Brasstown Valley will also be our annual meeting. At this meeting you will elect new officers and district representatives. If any of you would like to run for an office or district representative, please let any of the officers know or just put your name in the hat at the meeting. I look forward to seeing all of you in Brasstown Valley in July. There won't be another newsletter until after our meeting, but if you have any news forward it on to me or any of your Officers or District Representatives. Take care and see you all real soon, Connie 4 The Reporter's Notebook THE ADMINISTRATIVE OFFICE OF THE COURTS SUITE 300 244 WASHINGTON STREET, S.W. ATLANTA, GEORGIA 30334-5900 404-656-5171 FAX: 404-651-6449 NOTIFICATION OF CHANGE IN MAGISTRATE COURT PERSONNEL In accordance with the Uniform Rules for Magistrates Courts: Rule 13. Notice of selection of magistrates, constables and clerks of magistrate court. Whenever a magistrate, constable, or clerk (but not deputy clerks) of the magistrate court shall take the oath required for office in O.C.G.A. 15-10-3, the chief magistrate shall forward to the Administrative Office of the Courts the name and title of the person taking the oath; the name of the person being succeeded; the term of office, if appropriate; the date assuming duties; and the address and telephone number the official wishes to use for business correspondence. CHIEF MAGISTRATE K MAGISTRATE K CHIEF CLERK K SENIOR MAGISTRATE K CLERK K CONSTABLE K COUNTY ________________________ NAME_____________________________________________________________________ ADDRESS__________________________________________________________________ ___________________________________________________________________________ PHONE(____)_________________ FAX (___)___________________ EMAIL________________________________________________ GENDER: Female K Male K ATTORNEY: Yes K No K ELECTION/APPOINTMENT DATE:__________________ TERM from___________to___________ REAPPOINTMENT: Yes K No K TERM from__________to__________ Replacing someone ?_______ If So, Who?_______________________________________ Has this person ever served as a magistrate? If so, when and in what county?_____________________ RACE (optional): African American (Black) K Euro American (White) K Hispanic K Asian \ Pacific K Native American K Multi Racial K Fax or mail this form to the Administrative Office of the Courts at the contact information above. Submitted by: NAME______________________________________ ADDRESS___________________________________ PHONE #____________________________________ The Reporter's Notebook 5 2006 Clerks & Secretaries Training TO: FROM: DATE: SUBJECT: Georgia Magistrate Court Clerks and Secretaries Lynda Hanscome, Ed.D., Education Program Specialist March 2006 2006 CLERKS & SECRETARIES TRAINING Please read this memo carefully. ICJE is offering a 14-hour Clerks & Secretaries Seminar on July 12 - 14, 2006, at Brasstown Valley Resort, Young Harris, GA. A registration form is attached. There is no registration fee for Clerks & Secretaries. However, you must complete and submit the registration form to be eligible to attend. Please complete the form and return the original to ICJE immediately as enrollment is limited. Be sure to keep a copy of everything you submit for your files! Registration information. When your registration is received, you will be sent a confirmation letter. You may then proceed to make your accommodation arrangements, if required, at Brasstown Valley Resort. On the registration form, be sure to indicate which Track you wish to be enrolled in on Day Two: Track A (General Curriculum) or Track B (Introduction to the Magistrate Court for New Clerks & Secretaries-1 year or less). If you do not indicate your preference, you will be placed in Track A. Reimbursement of Some Travel Expenses Reimbursement by ICJE provides some travel expenses including two nights' lodging (July 12 & 13) at the group rate per night of $124, plus state sales tax; one lunch ($7) and 2 dinners ($15 each). There is no mileage reimbursement from ICJE. Note: Reimbursement is for Clerks & Secretaries only. Questions? Call: Lynda Hanscome, 706542-7401; email, lynda@icje.law.uga.edu Or Jean Hughes, 706-542-7940; email, jean@icje.law.uga.edu NAME: COUNTY: ADDRESS: TEL: SS#:(last 4 digits only) Yes! Please enroll me in the Magistrate Court Clerks & Secretaries' Seminar, Brasstown Valley, Young Harris, Georgia. July 12 - 14, 2006 (This is a three-day course; however, on Day 2 attendees must choose either Track A or Track B) Day 2-Track A-General Curriculum. OR Day 2-Track B-Introduction to Magistrate Court System for New Clerks & Secretaries Please check here if we need to contact you regarding special physical or dietary 6 The Reporter's Notebook Legislation Update THE LEGISLATION LISTED BELOW IS THE UPDATE OF LEGISLATION FOR 2006 Judge David Wood will present the new updates at the training at Brasstown Valley in July. [signed by Governor, (+) ] - [not signed by the Governor, (-) ] House Bills: Senate Bills: HB 149 HB 239 HB 549 HB 692 HB 718 HB 804 HB 1032 HB 1054 HB 1059 HB 1193 HB 1195 HB 1273 HB 1302 HB 1320 HB 1332 Garnishment; exempt certain IRAs (+) Civil practice; settlement offers; litigation cost (-) Bail bonds; fees of sureties (-) Probation; terms and conditions; amended (-) Pretrial intervention and diversion programs authorize certain courts to administer (-) Barratry; Code section; repeal (+) License to carry pistol or revolver; temporary renewal permits; provide restrictions (+) Controlled substances; certain classes; change provisions (+) Sexual offenders; punishment; registration requirements; change provisions (+) Vehicles; false or secret compartments; prohibit owning or operating (+) Civil case; complaints and judgments; change provisions (-) Security Deposits; escrow accounts; change certain provisions (-) Georgia Street Gang Terrorism and Prevention Act; change certain provisions (-) Environmental offenses; littering' revise provisions (+) Terrell County; Clerk of Magistrate Court; provisions (+) SB 3 SB 6 SB 13 SB 19 SB 45 SB 52 SB 62 SB 77 SB 87 SB 88 SB 89 SB 90 SB 133 HB 1399 HB 1421 HB 1497 HB 1501 HB 1544 Magistrate's salary; waiver; provide (-) Demand for trial; defendant present in court; require (-) Vicious Dogs; requirements for owners; provide (-) County Ordinance violations; maximum fines; change provisions (-) Rockdale County; Magistrate Court; certain qualifications; provide (-) SB 135 SB 141 SB 203 SB 244 SB 259 SB 287 SB 383 Torts; evidentiary matters, civil practice; revisions of provisions (+) Criminal Background checks; authorize national exchange of information (+) Gift Card Integrity; unfair/deceptive practices in consumer transactions (+) Class Actions; appellate procedures; limitations/conditions on certification (+) Mobile telephone service; publishing numbers; written consent of subscriber(+) Child Support; un-reimbursed payment; provide negations, waiver (+) Georgia Slam Spam E-Main Act; deceptive commercial e-mail; criminal penalties (+) Feticide; parental notification; define/eliminate terms; provide reports (-) Georgia Seed Law; preempt certain local ordinances; exemptions (+) Georgia Fertilizer Act; preempt certain local ordinances; exemptions (+) Controlled Substances, Schedule 1; definition of dangerous drug, exceptions; change provisions(+) Ga. Smoke free Air Act; definitions; exemptions; violations; penalties (-) Fireworks; change definition; certain combustible compositions; prohibit sale to 16 yr olds; penalty(+) Pretrial Proceedings; indictment for children; jurisdiction for Superior Court (+) Gambling; prohibit pyramid promotions schemes; definitions; penalties (+) Public Defenders; indigent defense services; attorney's fee/cost recovered (-) Magistrates Retirement Fund; define terms; create board of commissioners; powers(+) Firearms; discharging on Sunday; repeal provision (+) Permits; local government; operation of movie theaters/athletic events on Sunday/repeal prov.(+) Superior Court Clerk; serve as State, The Reporter's Notebook 7 Figures For New Court Cost Effective July 1, 2006 SB 244- CHIEF MAGISTRATES RETIREMENT BILL PASSED AND WAS SIGNED BY THE GOVERNOR ON APRIL 20TH, 2006. AS YOU ALL KNOW THERE IS A $3.00 FEE THAT WILL BE ADDED TO ALL CIVIL FILING FEES. ALSO, YOUR COURT WILL RECEIVE A FORM OF HOW AND WHERE THE FUNDS ARE TO BE DISTRIBUTED TO BY YOU AS THE CLERK PRIOR TO JULY 1, 2006. EXAMPLE OF COURT COST MAY VARY BECAUSE OF YOUR LAW LIBRARY AND ETC. THIS IS ONLY AN EXAMPLE BELOW: $20.00 base filing fee $25.00 Sheriff Service fee $1.00 Sheriff Retirement fund $5.00 Law Library fund $15.00 Indigent Defense fund $3.00 Chief Magistrate Retirement fund Total Court Cost $ 69.00 AGAIN THE NEW $3.00 AMOUNT IS TO BE ADDED ON AND AFTER JULY 1, 2006. FORMS WILL BE PRESENTED TO YOUR COURT BY THAT DATE. Curriculum Meeting CURRICULUM MEETING FOR CLERKS AND SECRETARIES CURRICULUM MEETING FOR CLERKS AND SECRETARIES TRAINING FOR JULY 12-14, 2006 Officers, District Representatives, and Advisor of the Council of Magistrate Court Clerks and Secretaries and Dr. Lynda Hanscome and staff; known as "the Curriculum Design Team"; all met at the University of Georgia, ICJE, on March 1, 2006 to discuss and create the curriculum for training for July 12th - 14th, 2006, at Brasstown Valley, Ga. Everybody worked together, discussing all the topics that had been presented by you all from your evaluation forms you turned in last year. Based on those suggestions, the team came up with a pretty good training schedule. One we hope you will all benefit from. Dr. Hanscome always finds good training spots as well as good instruction and instructors. So listed below is a tentative schedule of courses to be taught. Nuts and Bolts of Civil Procedures (from filing to judgment) Traverse of Garnishments Default Judgments Against a Garnishee Unliquidated Damages Hearing Legislative Update Gangs of Georgia Identify Theft Pro Se Litigants & Limits of Authority Landlord and Tenant Also, there will be a special training for New Clerks that will be taught by Judge Joy Wright of Rockdale County. The instructors have been contacted, and have agreed to be the speakers at the training in July. The program schedule and speakers information can be found in this news letter. So please mark your calendars. Dr. Hanscome says we already have a really good crowd scheduled to attend. Again, training is from July 12th thru July 14th, 2006 at Brasstown Valley, Georgia. If you have any questions please contact Dr. Lynda Hanscome, Ed. Program Specialist, (706) 5427401 or lynda@icje.law.uga.edu Legislation Update cont. SB 396 SB 398 SB 413 SB 442 Magistrate, Juvenile clerks (died in Senate) Crimes; person who is attacked has not duty to retreat; provide immunity from prosecution (-) Criminal Proceedings; plea of insanity; revise procedures of psychiatric evaluations (-) Compulsory School Attendance Law; exemptions; provide local board of educations policies (-) Child Abuse; reporting; change certain provisions (-) SB 450 SB 462 SB 503 SB 572 SB 588 Ad Valorem Taxation of Property; revise pay structure of certain county officers/officials (+) Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties pro.(-) GA Public Defender Standards Council; legal services to indigent persons; change provisions (-) Medical Assist. Managed Care Fraud; establish; define crime; administrative hearings (-) Social Security Numbers; prohibit the use/ display of; specified circumstances (-) DOMESTIC VIOLENCE TASK FORCE Donna J. Burnham Chief Magistrate, Heard County Every county should have an active Domestic Violence Task Force. The benefits are phenomenal and could easily help curtail the number of cases or at least the number of victims. Some counties have "a" person in their Sheriff's Department who works D.V. cases and is perhaps a liaison between them and the courts and then the victim advocates at times are in contact with various agencies. BUT, if all of these agencies sent a representative to monthly meetings and were actually a formed task force, think of the possibilities. It is not only permissible but, I believe, should be mandatory for the Chief Magistrate or their designee to be an active member of this task force. If your county doesn't have one, START one. We have done this in Heard County and are very excited about the progress that has been made. The agencies involved in ours include, but are certainly not limited to; The Magistrate Court, The D.A.'s office, all victim advocates, the sheriff's depts., all local city police depts., the coroner, a rep. from Pathways or any other counseling service you might have, probation officers, DFACS, school counselors, the coordinator of our local Family Connection and volunteer parents. This task force is open to any agency, group or individual that feels compelled to be a member, this list is our membership. Since we've formed, almost two years ago, we have had a booth, when appropriate, at every event that's occurred in the county, offering information and at times selling items as a fundraiser for school programs. We meet once a month and have recently been working on mission and vision statements and putting our own pamphlet together. On the 21st of April we have set up through the school counselors, times to address the students in a panel type discussion. Our goal is to help prevent abuse through education and counseling, making our families stronger and healthier. I would like to see the other counties in our judicial district have the same, so we can then have representatives from each task force meet to share information. Please call if I can be of any help. The Reporter's Notebook 244 Washington Street, Suite 300 Atlanta, GA 30334