The Gavel: the official newsletter of the Georgia Council of Probate Court Judges [Fall 2008]

THE GAVEL

The Official Newsletter of the Georgia Council of Probate Court Judges
Volume 15, Number 3

Fall 2008

MESSAGE FROM THE PRESIDENT

We are approa ching the end of the 2008. I have been your President for nine months and they have been busy ones. We have our legislative agenda together and are in the process of working through the strategies necessary to move forward. The agenda includes:
1. Provisions for the appointment of Associate Judges
2. Clean up legislation adding Conservator language to various statues that never had the conservator language included when Guardianship/Conservatorship was revised.
3. Statutory provisions for reporting the creation of incapacitated adults to GCIC.
4. Alternative appointment for Probate Judges if the office becomes vacant in the last year of the elected term.
5. Changes to O.C.G.A. 15-9-4, which now includes a June 30, 2000 date which could restrict or even eliminate many judges from pursuing addition terms if their population increases. We will be seeking to remove that June 30,

2000 date altogether or to add "on or after" to the statue.
6. We are looking at the current statue which establishes our hours of operation and make seek to change that statue to read 40 hours per week versus the current language which requires specific number of days for operating hours.
We will be monitoring:
1. Any bill(s) that impact firearms which may be initiated from the Senate Study Committee,
2. A bill that will authorize Probate Courts to make a judicial determination regarding Lost, damaged, or misplaced records
3. A Health Care Power of Attorney Bill that expands persons who can make medical decisions to non family members without becoming a Guardian of Person

Judge T. Brown and Judge Jordan, as President-Elect and Vice President, will be representing the Probate Court Judges at a COAG strategic planning session in January to look at ways that COAG can support our class of court and our positions as Constitutional Officers. Up for discussion will include ways to assist us in providing training, which will include cost, support, number of trainings and locations. Also they will be discussing the role of COAG and how it can strengthen our legislative position.
We have put together our strategic plan which is being implemented as I write this article. There are two areas that I want to see further developed as I complete my term and Judge Tammy Brown begins hers. I want to better define and strengthen the districts. The districts need to become the movement to the executive board, not the executive
continued page 2

Table of Contents
Executive Committee Minutes . . . . . . . . . . . . . . . . . . . . . . . . . .3 Comings and Goings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Cultivating a Garden of Peace for Georgians . . . . . . . . . . . . . . .7 Stephens County Courthouse Renovation . . . . . . . . . . . . . . . . .8 Security First . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Pictures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Save the Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

2 The Gavel Fall 2008
President's Message cont.

board moving the judges. Each district needs to have a representative on every committee so that there is representation for all fourteen (14) districts. Then there will be direct communication and all districts and judges will then have input; they will be able to talk through and suggest changes in our processes. By doing this, there is significant input that encompasses many different perspectives and the end result is that we develop better objectives and achieve more uniform processes.
Secondly, I want to see more use and utilization of the automation available to us and make it a day to day support for the varied duties we handle. Judge Kelley Powell as our Training Council Chair has been very busy networking with, ICJE, COAG, AOC, GCAC, The State Bar, and our automation committee to look at all the potential training options that can be made available to us and to our staff. We want to be able to provide to all judges and their staff access to currently available training and communication tools so each office that wants to provided continued training can do so, and if needed a judge can utilize that information when they are in need of a refresher course.
The training council has put together a training in April that will provide: 1) The required nine (9) training hours for traffic; and 2) Fifteen hours of probate training. 3) There will be a follow up training/ round table for new judges.
Any judge can stay the entire week or can select enough hours to meet their requirements. This will leave only additional training for judges who handle elections.

So, if you have a limited budget, you can attend one training and will be able to get all your required training hours. There are positives and negatives that come with a saturated training schedule such as this one, but the Training Council will be evaluating the outcomes.
There will be additional training in January at the COAG conference and there will be two additional COAG trainings in August and November. The summer and fall COAG training schedule has not been developed at this time, but may be a reduced number of hours which is different that in the past.
Judges Training dates for 2009 are: January 27-29- 2009 -COAG Winter Conference-AtlantaSheraton Atlanta Hotel August 10-12-2009 - COAG Summer Conference St. SimonsKing& Prince November 17-19- COAG Fall Conference-Savannah-Hyatt Regency
April 13-17-2009 - ICJE Sponsored Training Continuing Education Center
Clerk's Training Schedule May 27-29 Spring Training at Jekyll Island August 19-21 Fall Training at Hiawassee
I have met with the Association of County Commissioners and I will be asking several judges to participate on a fee committee. We will be looking at our fees and evaluating our current fee schedule. Based on the meeting, I do not anticipate that there would be a move among the Courts collectively to make a sweeping change next year, but the Governor has asked ACCG to work with the constitutional offices and magis-

trates to review our fee schedules individually and then collectively. Among our peers there has been a request to look at consolidation of our fees by establishing flat rate filing fees. I am looking for six judges to participate. I need two(2) judges in counties with population over 100,000; two(2) judges from counties with population between 25,000-100,000 and two (2) judges from counties with population under 25,000. If you are interested please contact me at lillis.brown@rockdalecounty.org. or 770-929-4057.
The SJI Guardianship/Conservator Video Project has been completed and has been submitted to SJI for final review. The video which was produced in English and Spanish and companion handbooks for conservator's of adult and minors have been also been approved by SJI. Distribution to probate judges is set for end of December or early January. The success of this project was made possible through many hours of volunteer work. Judge Self did an excellent job with the script and many other judges, as well as some attorneys donated their time, talents and contacts to insure that this project was completed timely, within budget and with an excellent message. Judge Self has been acknowledged by the National College of Probate Judges for his outstanding job with the handbooks for guardians and conservators.
There were approximately 120 judges in attendance at the National College of Probate Judges in Savannah. We had an excellent training session. We were well represented and Judge Self did an excellent job of putting together the educational session. I enjoyed
continued page 3

Fall 2008 The Gavel 3

Probate Judge Executive Committee Minutes

Atlanta Sheraton Hotel Atlanta, GA January 29, 2008

The meeting was called to order at 11:00 a.m. Judge Brown welcomed everyone in attendance and acknowledged the presence of Judge A. William Willis, First Vice President of the Council of Magistrate Court Judges.
Approval of Minutes The minutes from the August
11, 2008 meeting at the King and Prince Resort in St. Simons, Georgia were review and approved as submitted.
Financial Reports Association Funds - As of August 31, 2008, the Association's financial assets totaled $61,787.04 including a checking account of $11,845.74 and $49,941.30 in certificate of deposit accounts. Dues assessments had been collected from all but five counties. It was also reported an invoice in the amount of $2,688 has been paid to Dan Sperling for filming of the guardianship video. The amount

represented one-half of the total expense to be paid from Association funds. Being properly moved and seconded the report was approved as submitted.
State Funds State appropriated funds totaled $66,992.63 as of September 8, 2008. Being properly moved and seconded, the report was approved as submitted. Mr. Patterson distributed a report on Council meeting expenses from FY06 thru FY08 per request at the August executive committee meeting. Discussion took place regarding options to trim expenses, from eliminating meetings to adjusting reimbursements for attendance of these meetings. The Executive committee voted to limit reimbursement from State funds for attendance of executive committee meetings to: one night lodging, three meals, mileage and parking. Being properly moved and seconded, the motion passed with no dissent.

President Report Judge L. Brown reported the
Judicial Council Budget Committee met via conference call to discuss the current financial status of the State. With a possible 6-10% budget cut for FY09 looming, all classes of courts have agreed to table any new funding requests. This affects the probate council due to its request for funding regarding updating of the Benchbook and Handbook. Members also agreed to support funding requests only for the Institute for Continuing Judicial Education (ICJE).
AOC Report Mr. Patterson reported reduc-
tions for FY09 are leaning toward 10%. The AOC is working on a plan for the FY10 budget. He then announced there have been some changes in the Planning and Research Division. Mr. Kevin
continued page 4

President's Message cont.

talking to other judges from other states. I would encourage you to attend when possible. The following is the National College of Probate Judges' schedule: Spring 2009 Conference is May 20 - 23, 2009 at the Coeur D'Alene Resort in Coeur D'Alene, Idaho. Fall 2009 Conference is September30 - October 3, 2009 at the Samoset Resort in Rockport, Maine. Spring 2010 Conference is May 11 - 16, 2010 in Portland, Oregon.
We completed the new judges training this past week. I want to

thank all the trainers for their time and commitment. We had twenty four new judges in attendance with a little over one-half that are BRAND NEW to the courts. Judge Burnette is in the process of matching new judges with mentors and if called upon-- please remember that you were a new judge one time and they need our help and support. Please step up to the plate and if asked to serve as a mentor--say yes.
Our new directory is in the process of being complied. Judge Sam C. Davis in Bryan County is in charge of this task. I am asking

each of you to review your information and if there is a need for an update please notify Judge Davis at samdavis@bryancounty.org or 912-653-3856.
I would like to conclude by sending well wishes to all those judges who are retiring. I hope that you enjoy the time you have earned. May you find retirement to be time filled with those things you wish to do, when you choose to do them. May you have a smile on your face each and everyday as you think of all of us who are only hoping for our retirement day!

4 The Gavel Fall 2008
Executive Committee Minutes cont.

Tolmich is now the Assistant Director for Planning and Research and Dr. Gregory Arnold is now the Assistant Director for Statistical Analysis and Applied Studies. Following this, Mr. Byron Branch, IT Support Services Manager was introduced to update members on WPCIS.
Mr. Byron Branch gave a presentation on the new version of PCIS that will be rolled out in November. The case management system is totally web-based with tracking level security. The layout and feel is consistent with the previous version and the Standard Forms print true to form. The Support Services department would like for current users and non-users of PCIS to review the new system and give feedback; especially as to the forms. He exclaimed IT would like for the Council to ownership of the product to ensure it is done correctly. The final version of the product should be placed on the servers within the next week. He requested that anyone interested in testing the product, with no commitment to use, contact him.
District Reports
District Four A written report was included in the agenda however, Judge Bledsoe stated members are concerned that if firearms licensing is taken over by a State agency, the level of support citizens would receive. Additionally, their members did not have an overall problem with the jurisdiction being removed from probate courts.
District Five Judge Tate reported the district met September 5th in Athens; it was a good meeting and Ms. Murphy was in attendance.

She is currently drafting the minutes from the meeting.
Reports from Districts Four, Six, and a combination of 10th, 11th and 14th were distributed to the membership. Judge Wilkes noted that, judges attending the meeting of the 10th, 11th and 14th agreed on re-consolidating the Standard Forms. Judge Jordan, who has attended many of the district meetings held this year, reported the consensus seems to be to reconsolidate.
Committee Reports
Benchbook Committee The committee met and decided to update the Benchbook and Handbook by sub-committee. The next step is to identify volunteers and set a timetable for the project for updating through the 08 legislation. They also decided to eliminate some chapters i.e. Traffic, Elections and Vital Records but will include general descriptions. However, probate-related jurisdiction on Vital Records will remain. The committee discussed avenues for distribution and printing such as CDs, web-based and posting Behind the Bench.
Clerks Advisory Committee Judge Brown presented the Advisory Committee draft of the manual. She then asked volunteers to review the reference manual to ensure the committee is on the right track.
Court Rules and Forms Committee - The committee has two goals: 1. Reconsolidate the forms, so they are user friendly. 2. Include a definitive statement on all estate petitions to show that all the heirs have been listed on the petition. Additionally, the committee will

propose that Rule 21 be changed due to budget cuts and the need to come up with alternative ways to approve changes to the Forms and Rules with the target being 2010. It was announced in addition to the current membership, the Chair is going to contact the district directors to request one member from each district to serve on the committee.
Firearms Committee The Senate Study Committee has been holding hearings regarding the issuance of firearms licenses. Two more meetings are scheduled, one of which Judge Tate and Judge Self will testify. Senator Seabaugh has distributed a template for specific discussion of topics associated with firearms laws and has requested alternative language be submitted. Georgia Carry has made it clear they want the function moved to a centralized agency, i.e. the Secretary of State Office.
It was announced the Georgia Applicant Processing Services (GAPS) are in place to assist in the process of firearms licenses. The court must enroll by completing a GBI service agreement.
Internal Assistance/Legal Research The committee received a constituent complaint regarding a firearms permit from a Representative Karla Brenner. It was found the problem was a delay due to the DHR (mental health) background check. It is the opinion of the committee that the issuance of firearms license should not be delayed due to mental health checks not being received within the time frame required by statute. Should the DHR check subsequently show
continued page 5

Executive Committee Minutes cont.

Fall 2008 The Gavel 5

that an applicant, who was issued a firearms license, is later disqualified, then a revocation hearing would be necessary. In follow-up, a letter to Representative Brenner is to be sent notifying her of the committees' actions and a letter to the court notifying them of the committees' suggestion.
Legislative Committee It was reported the State Bar Fiduciary Law Section will create a liaison with Council. They requested at least three probate judges to sit on the committee.
Liaison to Information & Technology Judge Self resigned his position as Chair of the committee.
Membership The committee recommended hospitality rooms be provided for the spring conference (April), the summer COAG conference, the strategic planning session and the fall COAG conference at the discretion of the Council president. Being properly moved and seconded, the motion to approve the request passed with no dissent.
Mental Health Judge Tate and Judge Ferguson attended the last meeting of the Chief Justice led Mental Health Task Force. Judge Tate chairs the subcommittee regarding statutory review which decided to change its focus regarding out patient treatment to (1) creating a broader coalition of groups (emergency rooms, psychiatric associations etc) to convince the State to take be approach to the situation and (2) in the 2010 session to aim for legislative changes regarding outpatient treatment.

Retirement Committee The Probate Judges Retirement Fund will sponsor a dinner on the Thursday evening of the New Judges Orientation.
Traffic Committee - A draft of policies and procedures for a pretrial diversion program was presented to be included the next update of the Traffic Benchbook which members also selected chapters to revise. The committee also reviewed the criminal rules which they plan to amend and discussed legislation to oppose or watch closely.
Vital Records Counties that issue passports should be mindful to report funds collected from this process. Recently, newspapers have written articles on superior court clerks who have failed to report funds collected.
PALJC Committee Judge Green and Judge Ogletree are serving as representatives to a collaborative committee along with municipal and magistrate court judges. A survey was sent out earlier in the year and passed out at the traffic seminar to assess the prevalence and use of solicitors in probate courts. Results from the survey were distributed.
Probate Judges Training Council Due to budget constraints, dis-
cussions have taken place regarding holding a week-long seminar in April to include traffic. More than 12 hours will be offered to participants that will include tracks of various topics.

Old Business
Guardianship Video Project Dan Sperling is in the editing
phase of the project and members should have the video to review within the next two weeks. The video, both in English and Spanish versions, should be distributed in December.
New Business
Probate District Change A request from Judge Carlos
Rodgers to move Echols County from probate district 13, to probate district 14 due to logistical problems associated with meetings. After being properly moved and seconded, the motion passed with no dissent.
HB235 HB235 sponsored by the DHR
regarding incapacitated persons, their medical treatment and a decision-making panel to be provided by DHR was distributed for members to review and give comments.
Adjournment In final, Judge A. William
Willis, Chief Magistrate of Dooly County offered greetings from the Council of Magistrate Court Judges and updated members on legislative initiatives they would be watching and or seeking during the 09 session.
There being no further business, Judge L. Brown announced the next meeting would be in conjunction with the fall COAG conference, November 17th at the Marriot Riverfront Hotel in Savannah, Georgia. The meeting was adjourned at 1:15 p.m.

6 The Gavel Fall 2008
Comings and Goings...
Retiring Judges

Martha Stephenson Fayette County
Ray Broadrick Whitfield County
Kipling L. "Kip" McVay Cherokee County
David Dodd Cobb County
Brenda C. Howard Pierce County
Jim Burton Wilkes County

Christine Burch Wayne County
Frances Y. Seckinger Effingham County
James R. Welch Marion County
John E. Earnest Seminole County
Joe S. Johnson Talbot County
Ronnie A. Parker Taylor County

Dianne M. Walker Telfair County
Wayne Garrett Towns County
Jackie O. Driskell Toombs County
Louise Cowart Cook County

Judge Johnny Parker Gordon County
Donald "Hoppy" Royston
Madison County

New Judges

Amy Bagwell Seminole County
Sheri Blevins Whitfield County
Sue Bottoms Habersham County
Valerie Burley McDuffie County
Thomas Charping Wilkes County
JoAnn Collins Brooks County
Cody Cross Madison County

Chase Daughtrey Cook County
Huey Davis Pierce County
David Hobby Ben Hill County
Ann Jackson Fayette County
Teresa Jennings McIntosh County
Betty Johnson Telfair County
James McGlaun Chattahoochee County

Linda Mock Jasper County
Beth Mosley Effingham County
Margie O'Brien Atkinson County
Vicki Parrish Cook County
Dianne Renfroe Taylor County
David Rogers Towns County
John Sherrrer Dooly County

Heather Stuart Marion County
John Terry Talbot County
Tammy Thornton Wayne County
Larry Threlkeld Toombs County
Kelli Wolk Cobb County
Bryan Wood Cherokee County

Fall 2008 The Gavel 7
Council of Probate Court Judges Cultivating A Garden of Peace for Georgians

An Interview with Judge Lillis Brown

It is Saturday morning and Judge Lillis Brown is busy in her garden. From planting spring bulbs, to pulling weeds, to taking in the latest blooms, Judge Brown is creating a place of beauty and even peace. And her effort to create peace does not end on Saturday morning. As a Rockdale County Probate Judge and a member of the Judicial Council of Probate Court Judges, Judge Brown spends her weeks as part of a judiciary she describes as "committed to helping people through difficult times."
The work of Georgia's Probate Courts is unique and varied. Many counties' probate courts handle more than probate matters. Some handle traffic, vital records and election matters. Some probate court judges also serve as magistrates. Probate courts also issue marriage licenses and firearms permits. With such a variety of matters, many of which are intensely emotional, ensuring access and fairness is of great concern to Probate Court Judges and Staff.
The Council of Probate Judges' objectives are:
to gather, study and disseminate information to the Probate Court Judges of Georgia; to formulate and recommend plans and policies relating to the improvement of the administration of justice in the State of Georgia and to the problems of and solutions for the trial and disposition of judicial business in the

Probate Court; to improve the position of the Probate Court Judiciary and respect therefore; to present and conduct programs relating to judiciary matters; to maintain the independence of the Probate Court and to promote the responsiveness thereof to the legitimate needs of the respective courts and of the public which the Courts serve; and to establish and maintain a close working relationship with the Supreme Court of Georgia, the Council's other classes of courts, the Judicial Council of Georgia, the General Assembly of Georgia and the Executive Branch to the end that the stated objectives of this Council.
Consistent with these objectives, the Council and its Judges have been busy. In her 16 years as a Probate Court Judge, Judge Brown has seen a complete rewrite of the Probate and Guardianship Code. The Council is currently developing uniform Probate Judge Requirements, aimed to maintain a uniform and high standard for the State's Probate Judges, who may be attorneys or non-attorneys. The Council is also charged with providing Probate Court Judges and Staff with adequate professional training. Judge Brown describes training as one of her "passions" because training is key to having well-run, fair courts. "When citizens see fairness and see things done properly, it gives them confidence in our judicial system". To that end, the Probate Judges have a statutory training council that, among other things, is required to

provide twelve hours of training per year specifically regarding probate matters.
In addition to the Probate Council's commitment to training, Judge Brown notes that the best things about being part of Georgia's Probate Courts include: (1) the ability to help people through difficult life occurrences; (2) a kind and compassionate judiciary who bring those characteristics to bear in administering court proceedings; (3) excellent court personnel, such as professional clerks; and (4) a great variety of work. The toughest part of the job is bearing the weight of decisions such as temporary guardianship for a child or incapacitated adult. Still, one can be assured that even those weighty decisions are being made by knowledgeable, caring and welltrained Judges like Judge Brown. As with a day in the garden, our Probate Court Judges are working hard to cultivate a place of peace for Georgia's families and children, even in the most difficult times. And the Council of Probate Judges is ensuring that they have the training and resources to do just that.
Interviewed conducted by Kali Beyah, April 2008

8 The Gavel Fall 2008
Stephens County Courthouse Renovation

Acentury ago Stephens County farmers and townspeople often gath-

offices that are now fitted to accommodate computers and other courtroom technology, secu-

ered on the lawn of the stately,

rity measures and handicapped

brick courthouse during trial

access. The architectural integrity

recesses or as a

of the original structure has been

jury deliberated a

verdict. Slow hours

might pass before

a court bailiff

would step out

onto the second-

story porch to sig-

nal that the judge

was calling the

court back into

session. All those

interested made their way back

The second-floor courtroom under construction.

inside to reclaim

their seats and

hear the proceed-

ings. Those days,

of course, are gone

never to return,

but the old

Stephens County

Courthouse itself

This mural, painted in the 1930s, was uncovered during

is slowly making a the renovation.

comeback. In

November the citizens of Stephens carefully reclaimed over the past

County will once again gather at

three years. Craftsmen have

the historic courthouse as it

painstakingly washed away a cen-

reopens following extensive reno-

tury's worth of paint and grime to

vation.

reveal the original colors and

dcor. A mural depicting a pastoral

Rededication Ceremony

scene was discovered in the former

Chief Justice Leah Ward Sears

county clerk's office; it had been

will give the keynote address on

painted sometime in the 1930's by

November 23, 2008 at the rededi-

a local artist.

cation of the old courthouse. The

Judges of the state court and

spacious, high-ceilinged second

magistrate court will be housed in

floor courtroom will be on view as

the restored building; and soon

will the ground floor county

the courtroom will again echo to

the rapping of a judge's gavel as plaintiffs, defendants, lawyers and others take their places and another court session is brought to order.
On-going Courthouse Construction Projects
Throughout the state many courthouse projects are underway. In the Tenth Judicial Administrative District, construction valued at over $1,000,000 is underway thanks to population growth in in Banks, Barrow, Elbert, McDuffie, Richmond, and Taliaferro counties. In other parts of the state courthouses in Dawson, Lumpkin, Paulding, Pickens, and Sumter counties have building projects. Courthouse renovations are in progress in Chatham, DeKalb, Forsyth, Pierce, Stewart, and Talbot counties.

DADE

CATOOSA

FANNIN

UNION

TOWNS

RABUN

WALKER

WHITFIELD MURRAY

CHATTOOGA FLOYD

GORDON
7
BARTOW

9 GILMER PICKENS

LUMPKIN

DAWSON

CHEROKEE FORSYTH

WHITE

HABERSHAM
STEPHENS FRANKLIN
BANKS

HALL

JACKSON

MADISON

HART ELBERT

FULTON

POLK HARALSON

PAULDING

COBB

DOUGLAS
5

BARROW

GWINNETT
4DEKALB

WALTON

CLARKE OCONEE

ROCKDALE

CLAYTON

NEWTON

MORGAN

CARROLL

FAYETTE

HENRY

OGLETHORPE WILKES
10

LINCOLN

GREENE

TALIAFERRO WARREN

MCDUFFIE

COLUMBIA RICHMOND

HEARD

COWETA

SPALDING

BUTTS

JASPER

PUTNAM

HANCOCK

GLASCOCK

TROUP

MERIWETHER
6

PIKE

MONROE LAMAR

UPSON

JONES

BALDWIN

JEFFERSON WASHINGTON

WILKINSON

BURKE

JENKINS

SCREVEN

HARRIS

TALBOT

CRAWFORD

BIBB

TWIGGS

JOHNSON

EMANUEL

MONTGOMERY

MUSCOGEE CHATTAHOOCHEE

MARION
3

TAYLOR

PEACH HOUSTON BLECKLEY

MACON

8LAURENS

TREUTLEN

CANDLER

BULLOCH

SCHLEY

DOOLY

PULASKI

DODGE

WHEELER

TOOMBS

EVANS

STEWART

EFFINGHAM BRYAN CHATHAM

WEBSTER

SUMTER

CRISP

WILCOX

TELFAIR

TATTNALL

LIBERTY

QUITMAN

TERRELL

LEE

RANDOLPH

CLAY

CALHOUN DOUGHERTY

EARLY MILLER

BAKER

2

MITCHELL

SEMINOLE

DECATUR

GRADY

TURNER

WORTH

TIFT

BEN HILL IRWIN

COLQUITT

BERRIEN COOK

JEFF DAVIS APPLING

COFFEE

BACON

1

LONG

WAYNE

McINTOSH

ATKINSON

PIERCE

WARE

BRANTLEY

GLYNN

THOMAS

BROOKS

LANIER LOWNDES

CLINCH

CHARLTON

CAMDEN

ECHOLS

Construction throughout the state. Stephens County, in green, will dedicate its historic courthouse on November 23, 2008.

Security First
Judge Kip McVay, Cherokee County Probate Court

Having grown up in a relatively small county (Bleckley) with a wideopen Courthouse and folks who all knew each other, I never imagined the dangers that litigants and the public could pose to judges and their staff members. For those counties which have not experienced problems, I pray it stays that way. For those which have, I have a suggestion.
As you'll agree, there is no excuse for the rude behavior

which has increased in our society and is showing up in our courtrooms and offices. This is true of other types of courts also, by the way. In our office, the surge of bad behavior during the last two years can be attributed directly to the anxiety of persons applying for firearms licenses.
What appears to be working marvelously in our office is a microphone attached to the opening of the glass window where only firearms applications are

Fall 2008 The Gavel 9
handled. The digital recorder is voice activated, can be uploaded to a computer, and uses rechargeable batteries. A sign posted on the wall next to the window states: To ensure quality service and compliance with the law, all conversations are recorded.
Over the last twelve years, I've put various safety measures into place but this is the best. I commend it to you with my very best wishes for you and your staff members.

Judicial Council/Administrative Office of the Courts Mark 35 Years of Service

2008 marks the 35th anniversary of the Administrative Office of the Courts. The Judicial Council/AOC was established in 1973 to provide support services to the Georgia Courts. Over three

decades the agency has staffed judicial branch commissions and initiated projects intended for the benefit and improvement of the administration of justice. The AOC has carried out research studies, organized meetings and produced publications to assist judges in their daily work, from

the appellate courts in Atlanta to the smallest county court in the Ocmulgee Circuit.
Take a look at www.georgiacourts.org to learn more about the work of today's Judicial Council/Administrative Office of the Courts!

8th District Meets in Americus
10/08

10 The Gavel Fall 2008
"TAKING CARE OF BUSINESS"
Judge Linda S. Cowen, Chair Board of Court Reporting

There are four very important business matters that all court reporters must attend to in order to remain licensed in this State:
First, paying yearly dues by April 1st of each year. Second, obtaining and reporting the required number of continuing education hours by December 31st each year. Third, keeping abreast of the Rules and Regulations of the Board of Court Reporting. Fourth, producing accurate transcripts in a reasonable period of time.
The first two issues are "no brainers", right? Well, unfortunately, there are a significant number of reporters who fail to attend to those two simple tasks each year, and who end up suspended as a result. Some even eventually get revoked. This should never happen!
In the past, the Board sent a written dues reminder with the necessary renewal form to all reporters each year. This year, the Board decided to go "high-tech," and sent a reminder postcard to all reporters to renew online. Amazingly, 208 reporters missed the deadline of April 1st, apparently because they did not get the form in the mail. While many reporters called to blame the Board for their lack of attention to their obligation to pay dues by April 1st this is something that the reporter should take care of each year. So, be aware! Reporters will not be sent a renewal form in the mail in 2009, but will be sent

a postcard with a reminder to renew online. Do not wait for the reminder! Go online after January, (you cannot renew early), and pay your dues and renew your license for 2009.
New reporters must attend the first LEAP Seminar that is offered after they are licensed. Others must attend at least 10 hours of continuing education each year, and report those hours to the Institute of Judicial Education. The Court Reporters Training Council and ICJE do an excellent job of approving programs and tracking hours. Each reporter has the Continuing Education Manual from CRTC. If you do not have a current edition, you can download it at the Board's web site, www.georgiacourts.org. ICJE posts the number of hours that they have reported for each reporter online. You can check your status at www.uga.edu/icje (click on "Court Reporters"). There is no excuse for failing to attend and/or submit your continuing education hours!
The third issue, keeping up with the Rules and Regulations of the Board of Court Reporting, is important, although most reporters do not seem to take a look unless they are in trouble. New Rules and Regulations were adopted this year. Download the Rules at www.georgiacourts.org and put them in your Handbook. Read them!
The fourth issue, producing an accurate transcript in a reasonable time, will save you enormous anxiety and stress. The Board processed nine (9) Complaints

from February 22, 2008 through July 10, 2008. Most of them involved the complaint that a reporter had failed to provide a transcript, despite repeated requests and payment. A reporter should communicate with all parties waiting on a transcript, if there is a delay. This includes pro se litigants. The Board has seen a disturbing pattern of ignoring the pro se litigant, as if their needs are not important. It should not matter to the reporter if an attorney or a party has requested a transcript. If you are having trouble producing a transcript for personal reasons (illness, divorce, family stress, or other similar issues), get help! Join GCCRA and ask other reporters to assist you in your time of need. Do not wait to get a Complaint, and then produce the transcript only when the Board asks you to respond.
If court reporters will take care of these four issues, their license will never be in jeopardy, and the profession will remain one that you can continue to be proud a part of. Please, take care of business!
*Effective January 1, 2009, the Board of Court Reporting expects to require testing by national court reporter organizations for all applicants for certification in Georgia. This new policy will not affect currently licensed Certified Court Reporters in Georgia.
continued page 11

Fall 2008 The Gavel 11
GEORGIA TO HOST NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP MAY, 2009

Attention judges and attorneys: you have a once-ina-lifetime opportunity to judge the top students in the country at the National Mock Trial Competition hosted by the Georgia State Bar Younger Lawyers' Division next year. There are four members of each panel of judges, one of whom will be a real judge and who will preside. The Committee will need 75 or 80 judges and attorney volunteers for each round. Rounds will take place in the mornings and afternoons on Friday, May 8, and Saturday, May 9, 2009 at the Fulton Superior Court. Non-attorney volunteers are also needed to help register and guide the Mock Trial Teams.
In order to serve on a panel for the National Competition, judges and attorney volunteers must have served as panel members on at least two rounds at the

regional or statewide levels. You will be able to get this experience during the weekends of February 7, 2009, or February 14, 2009, when the Georgia regionals take place(all over the State) or on March 14 and 15, 2009, at the Statewide rounds being held at the Gwinnett Justice Center.
On April 1, 2009, the case materials for the National Competition's criminal case will be released.
Serving on these panels is really a delight. The students have worked very hard and do better jobs than some practicing lawyers.
The forms for volunteering for regional and state rounds may be found on the state bar website http://www.gabar.org. If you can't volunteer but want to donate money through the Lawyers' Foundation of Georgia, a fund has been set up honoring Judge Roland Barnes for this purpose.

"TAKING CARE OF BUSINESS" cont.

Hosting the Tournament will cost the Committee $400,000. Any questions can be directed to High School Mock Trial Program Coordinator Stacy Ricke, 404-5278779, or mocktrial@gabar.org.
Court System Poster Available
Demand has been high for the "Welcome to Georgia's Court System" poster. To meet that demand, a third printing with a new color scheme and photographs is now available.
For copies of the poster, e-mail your request to Ashley Stollar, AOC graphic designer, at stollara@gaaoc.us

New Fee Schedule Effective July 1, 2008
The new compensation scale for court reporters appearing in court proceedings is as follows:

Units in Hours Within a 24-hour Period

Compensation in dollars

Please Recycle

More Than
0 8 9 or more

But No More Than
8 9

$190.08 $212.85 $228.09

A complete version of the Fee Schedule may be found by accessing www.georgiacourts.org/agencies/bcr

12 The Gavel Fall 2008
Georgia Alliance for Drug Endangered Children (GADEC)
Melva Steps, Project Director

In the fall of 2005, the Administrative Office of the Courts (AOC) and the Department of Human Resources (DHR) entered into an interagency contract for the AOC to provide leadership for the Georgia Alliance for Drug Endangered Children (GADEC). Nearly four years since its conception, the GADEC has developed into a statewide, multiagency effort working collaboratively with various levels of government, local communities and non-profit agencies. With a mission to prevent abuse and neglect of children who suffer physical and psychological harm caused by the manufacture, distribution, sale and use of illicit drugs and alcohol, the GADEC has already met several of Governor Perdue's 2004 Methamphetamine Summit Top 25 recommendations. The GADEC has supported the development of a state-wide, cross agency protocol for children found in clandestine labs and other environments where illicit drugs are being used and/or distributed. The protocol is used by law enforcement, child welfare and medical services. This protocol, which has become a national model, was a collaboration of many state agencies.
The primary challenge with illegal substance abuse and drug endangered children is in coordinating the social and political systems charged with preventing, intervening and treating these cases. Currently, there are 19

multi-disciplinary teams in Georgia dedicated to proactively working with and supporting drug endangered children and their families. The teams coordinate services according to their local protocol. They also identify gaps and overlaps of services provided to assist these families.
This type of coordinated community response is an approach that local, state, and national government agencies, communitybased agencies and professionals use to effect reform in order to increase victim safety and offender accountability. This response recognizes that the child abuse and neglect resulting from the parent or caregiver's abuse of drugs and alcohol cannot be stopped or prevented by one segment of the community alone: not by law enforcement, not by child protective services, not by emergency medical services, not by the court services, not by treatment professionals, not by prevention specialists, not by the faith-based community, not by the average community citizen.
To be effective, the response must be a partnership among many community members. The signs of a successful partnership are when drug endangered children team members maintain contact with the community and all the partners, insist on frequent and honest communications, trust each other, and openly exchange information with each other. Aren't these the same things we

expect of families with whom we work?
It is difficult to expect victims, the children, and their families to believe that they can be honest with us, trust us and tell us what happened, what helped them and what failed them when we are not doing the same things in our partnerships. Do all of the partners designed to protect and advocate for these very children know what should happen once a child is discovered in a drug endangered situation? Do all of the partners know the available resources to assist the children and their families? It is also difficult to expect offenders, those caregivers and parents who abuse alcohol and drugs, to know they can trust we will hold them accountable if we are not open enough to communicate amongst systems, build strong alliances, trust each other, openly hold each other accountable, and possess an awareness of each other's responsibilities and limitations.
The GADEC is committed to developing partnerships designed to prevent child abuse and neglect due to illicit drug use and alcohol abuse to all of Georgia's children. The time to protect Georgia's drug endangered children has never been more important than RIGHT NOW!
For more information, contact GADEC Project Director Melva Steps: Email: stepsm@gaaoc.us Phone: 404.463.1229

Fall 2008 The Gavel 13
A Word from the Supreme Court Commission on Interpreters

The Supreme Court Commission on Interpreters is pleased to announce a new form created for your court's convenience when interpreters are utilized. This new form has been added to our website as a guide for determining the qualifications of interpreters. This form includes questions to ask when an interpreter is not licensed with the state of Georgia, the Interpreter Oath, and a disclaimer for all interpreters to sign. Prior to service, each interpreter, regardless of licensure status, is required to comply in writing with the Code of Professional Responsibility, found in Appendix C in the Supreme Court Rule for the Use of Non-English Speaking Persons in the Courts. You can find this form and the Code of Professional Responsibility online at www.georgiacourts.org/agencies/interpreters.org.
Licensed certified interpreters

are available for the following languages: Arabic, French, HaitianCreole, Portuguese, and Spanish. Licensed registered interpreters are available for the following languages: Arabic, Bosnian, Cantonese, Farsi, French, German, Japanese, Korean, Mandarin, Polish, Portuguese, Romanian, Russian, Spanish, and Vietnamese. When you employ a licensed interpreter, you are employing someone who has completed mandated training and passed a test on court procedure and ethics. Licensed certified interpreters have passed a national test indicating proficiency in the three modes of interpreting used in courts. Licensed registered interpreters have passed an oral proficiency test in the language they interpret. The Supreme Court Rule for the Use of Non-English Speaking Persons in the Courts outlines that in criminal cases, whenever a certified interpreter is

not utilized, the court shall make an audio or audio-visual recording of any testimony given in a language other than English. In civil cases, whenever a certified interpreter is not utilized and a party was denied the right to use an interpreter of his or her own choosing, the court shall make an audio or audio-visual recording of any testimony given in a language other than English. All current licensed interpreters have an upto-date card they can provide for verification.
Each licensed interpreter in good standing is issued a new identification card every year. Current cards expire on September 30, 2008. If you have any questions about the use of interpreters, please contact Linda Smith, Program Manager for the Commission on Interpreters at 404-657-4219 or e-mail coi@gaaoc.us.

Conservatorship & Guardianship of Adults 101

Conservatorship of Minors 101 Videos

Coming Soon!

The Guardianship Videos and the companion handbooks are coming soon to a probate court near you!

14 The Gavel Fall 2008
Guardianhship Video Shoot

Fall 2008 The Gavel 15
Strategic Planning Session
Lake Blackshear, Cordele GA Sept 29 Oct 1

16 The Gavel Fall 2008
Save the Date(s)...

Winter 09 COAG January 27-29, 2009* Atlanta Sheraton Hotel
Atlanta GA 800-833-8624 *Executive Comm. scheduled to meet
Probate Judges Spring Conference April 13-17, 2009* The Georgia Center, UGA, Athens
GA April 13-14 Traffic Training April 15-17 Probate Training *Executive Comm. and Training
Council scheduled to meet

2009 Clerks Seminars May 27-29 Jekyll Island Club,
Jekyll Island, Georgia August 19-21 The Ridges Resort,
Hiawassee, Georgia

Summer 09 COAG Aug 10 - 12, 2009* The King & Prince Resort, St.
Simons GA 800-342-0212 *Executive Comm. scheduled to meet
Fall 09 COAG November 17 - 19, 2009* Marriott Riverfront Hotel,
Savannah GA 800-285-0398 *Executive Comm. and Training Council scheduled to meet

The Gavel
Georgia Council of Probate Court Judges Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334

JUDGE SAM DAVIS Editor
DAVID L. RATLEY Director
CHRIS PATTERSON Associate Director for Court Services
ASHLEY G. STOLLAR Graphic Design