The Gavel: the official newsletter of the Georgia Council of Probate Court Judges [Vol. 16, No. 1 (Spring 2009)]

THE GAVEL

The Official Newsletter of the Georgia Council of Probate Court Judges
Volume 16, Number 1

Spring 2009

MESSAGE FROM THE PRESIDENT

Thank you for the opportunity for serving you as president of this council. It is with great humility that I begin this year. I am in awe at the Presidents that have served before me and it is my greatest desire that I serve you all well this year. The past two years I have served as your Vice President and President Elect and had the honor to sit on the Judicial Council of the State of Georgia. I am currently serving on the ICJE Board of Trustees. However, I must admit the greatest and most humbly service is serving as your President. My desire is that you hear my heart when I say; I love this family of Probate Judges. I see us as the court that reaches out to the people. We have opportunities each and every day to help those in our communities and to make a difference in someone's life. I see each and every one of us as leaders. You are each leaders in your county. I see that you make a difference as a leader. The definition of leadership is, "the capacity to discern and develop one's resources whether human or material. It further involves the ability to martial those resources

in realizing a vision, reaching a goal or resolving a problem. It starts with who we are and then moves to what we do. Education is the most powerful tool in the leaders' repertoire."
Up until a week ago I thought we were the only State in the nation who had non-attorney judges, I was wrong. There are many states across the nation, which have non-attorney judges. However, the majority of these

states require some form of certification. I believe that education and training are the keys to making us the very best that we can be. I've served on the training council, I've served as chairperson of the mentor committee and I see that there is much room for improvement to better our training program for new judges. I see opportunities for sitting judges if they desire to reach the next level.
continued page 2

Newly Elected Officers

From left, Judge Todd Blackwell, Judge Lynwood Jordan, Judge Darin McCoy, and Judge Tammy Brown.

Table of Contents
Executive Committee Minutes . . . . . . . . . . . . . . . . . . . . . . . . . .2 Probate Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 In Memoriam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 New Probate Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Photo Gallery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 How to Manage Local Government Records . . . . . . . . . . . . . .12 Save the Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

2 The Gavel Spring 2009

Probate Judge Executive Committee Minutes

Sheraton Atlanta Hotel, Atlanta Georgia January 27, 2009

Judge L. Brown welcomed everyone in attendance and called the meeting to order at 9:06 a.m.
Approval of Minutes
The minutes from the November 11, 2008 meeting at the Marriott Riverfront Hotel in Savannah, Georgia were reviewed and approved.
AOC Caseload Reporting Ms. Rachel Collis, Research
Associate, AOC announced there has been a decline in caseload reporting from the probate courts, as such, they are requesting the Council to consider moving to from quarterly reporting to annual reporting (yearly). It is their hope to achieve 100% reporting using this method, in addition to simplifying matters. The division will only send one verification letter per year to courts. Judge L. Brown questioned if quarterly submissions would still be accepted if a courts chooses to do so. Ms. Collis responded yes they would still be accepted; adding electronic reporting is the best way to do so. Judge L. Brown stated she would contact Judge Greg Adams, Chair of the Caseload Committee to coordinate efforts.

County Officials Association of Georgia (COAG) Strategic Planning Session
COAG held its strategic planning session early January with Judges T. Brown and Jordan participating. The Vision and Mission Statements were updated and approved during the session. Additionally, COAG will be working towards more cohesiveness amongst members; Judge Buxton then requested two probate judges to serve on the Membership Committee. The By-Laws will be updated and a member services will be increased through creating a resource center (information) and developing a county officer handbook.
Financial Reports As of December 31, 2008, the
Association's financial assets totaled $61,953.92 including a checking account of $11,335.77 and $50,618.92 in certificate of deposit accounts. Judge McCoy announced dues assessments had been collected from all but three counties.
State-appropriated fund activity as of December 31, 2008. The Council has an existing balance in state-appropriations of $26,955.05 from its $78,110.00 budget with year-to-date expenses totaling $51,154.95. Revenue of $3,131.80 from handbook and standard

form sales has been generated to date. Total funds available to the Council are $30,086.85. A final report of expenditures from the State-Appropriated Guardianship funds and the SJI funds was requested to be presented at the meeting in April.
AOC Report It was reported the AOC has
changed its focus to maximizing current services and improving service delivery with printed resources. The Federal Government plans to increase the mileage rates in the near future. AOC IT section received grant funds from the Governors Highway Safety to develop a "Citation Code" list. The goal is to integrate information sharing between law enforcement (police) and courts. The Governmental Affairs section acquired legislative interns for the session. One will be assigned to assist with probate matters. And all but one new judge has been subscribed to the listserv.
District Reports
District Three The district held its holiday gathering at Judge Ferguson's home. There was one new judge in attendance, Judge Wolk and Ms. Murphy.
continued page 4

President's Message cont.

I have a vision of a Probate Judges Certification Program for the State of Georgia. Do I know exactly what it looks like, how much it will cost, what all it will entail? No. But I have a vision. I

would like each of you to come along beside me in reaching toward this goal, answering all the questions and coming up with solutions that will benefit the entire State. Please come and join

me to be a part of this vision, ask questions, seek solutions and together we can develop this vision. Together, we will make Georgia Probate Judges the very best that they can be.

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Probate Judge Executive Committee Minutes cont.

District Five The district met in conjunction with the New Judges Orientation seminar. They had two new judges to attend the meeting.
District Six The district held its Christmas party, there were no new judges in attendance. The next meeting is scheduled for February.
District Seven The districts next meeting is scheduled for February.
Committee Reports
Clerks Advisory Committee - The committee is assisting Judge Powell in the planning of the clerk's curriculum for their seminar(s).
Court Rules and Forms Committee - The committee is finalizing the forms and plans to submit to the Supreme Court for approval in March.
Firearms Committee It was announced the Lieutenant Governor reported there will not be any "gun law" changes this session however, a draft of language was sent out for review. Judge Self notified the committee he would be submitting language for a Bill if probate courts were to maintain the jurisdiction. To date he has not received a response from the Senate Firearms Committee and the last committee meeting was cancelled. A copy of the draft was forwarded to members for review.
Legislative Committee - Judge Bracewell introduced Mark Middleton, Lobbyist for the CPCJ. He noted the State budget is as bad as being reported and there have been some judicial matters

changes; Senator Myers (Special Judiciary Comm. Chair) didn't run again. Senator Wyles took his place. The probate proposed legislation will be placed in one Bill. Ms. Jill Travis is out on medical leave; she was very helpful last year. Due to her absence legislation is taking a little longer to get drafted. Mr. Middleton applauded the efforts of Judge Anderson, Paulding County on the probate judge's qualifications legislation.
Liaison to Co. Probation Advisory Council A written report was submitted by Judge Ellison She attended the last meeting of the Council where they identified short and long term goals. The Council which was created in 1991and reconstituted in 1996 is comprised of representatives from different levels of courts and representatives of probation companies. Meetings are held quarterly.
Membership There will be a Council sponsored hospitality room at the spring conference. The committee will contact ICJE to arrange reservations for the room.
Newsletter Committee The pictorial directory is in its final stage of updating. Distribution is planned for the spring conference. Submissions for the winter edition of the Gavel will be due two weeks following the meeting.
Retirement Committee The Fund is scheduled to meet at Mr. Carter's office in Griffin, Georgia later in the week and again during the spring conference in April.
Traffic Committee The Traffic Benchbook is currently being revised, there are still some chap-

ters outstanding. A draft is planned to be available by April.
Probate Judges Training Council Spring training is set for April 1317 in Athens and will include traffic training as well. A tentative schedule was reviewed. A provisional schedule for the clerk's seminar is set and FBI NICS trainings have been scheduled for the year.
Old Business
Guardianship Video Project The video project is complete;
judges should have received the video, both in English and Spanish versions, along with the Conservator handbooks.
New Business
CPCJ Fees Meeting Update ACCG requested the
Constitutional Officers to look at their current fee schedule. The objective is to delete or consolidate as much as possible. A committee of judges met representing all populations, and came up with proposed changes. The recording fee is included for all with the exception of Adult Guardianships. Fees were also increased by the Cost of Living for the last 10 years. These changes will not be presented during this years' legislative session.
(A full version of the CPCJ minutes are available upon request)

4 The Gavel Spring 2009
Probate Handbook and Benchbook to be Revised/Updated

Your Council has contracted with Judge Bill Self of Bibb County to revise and update both the Handbook, which is three years behind in updates, and the Benchbook, which is two years behind. Both books will be completely revised as new editions to replace entirely the existing Handbook and Benchbook. The new editions will be published and sold by the Council in electronic format (CD) only in both MS Word and Adobe PDF formats.

However, the PDF version will be print-ready for anyone wishing to print a hard copy of either book. The new books are expected to be published in the Fall of 2009. The new Handbook will no longer include chapters on Vital Records, Elections, or Traffic and Criminal jurisdiction. A Criminal Benchbook has been published by the Council for those courts handling traffic and criminal cases, and state materials are already available for vital records custodi-

ans and superintendents of elections.
If you have any suggestions which you think might make either book more useful, helpful or easier to use in your daily court operations, please send your suggestions to Bill Self at wself@co.bibb.ga.us or by facsimile to 478-621-6086.

McVay Sworn as Senior Probate Judge
On February 3, 2009, Cherokee County Probate Court Judge Keith Wood swore in retired judge Kip McVay, who was appointed Senior Judge of the Probate Courts of Georgia by Governor Sonny Perdue on December 19, 2008. Pictured, left to right, are Judge Wood, Judge McVay, and Deputy Clerk Laura Jackson.

GEORGIA PROBATE JUDGES SERVING AS ELECTIONS SUPERINTENDENTS AS OF JANUARY 1, 2010

Appling Baldwin Banks Bleckley Brooks Bryan Calhoun Camden Charlton Chattahoochee Chattooga Clay Colquitt Dodge Early Echols Elbert Evans Gilmer

Glascock Grady Habersham Hancock Hart Heard Irwin Jackson Jasper Jefferson Jenkins Lanier Laurens Madison Miller Mitchell Monroe Montgomery Oglethorpe

Pike Pulaski Quitman Schley Screven Seminole Taliaferro Taylor Telfair Thomas Treutlen Troup Warren Washington Wayne Wheeler White Wilcox Wilkes

JQC New Website
The Judicial Qualifications Commission has a new website. Visit gajqc.com for more details.

District 12 Minutes

Southwest Georgia Probate Judges Association District 12 January 22, 2008 at 12:00 noon Crawdaddy's Restaurant, Thomasville, Georgia

Judges & Guest Present Amy Bagwell Wes Lewis Vickie Burnette Susan Taylor Bo Earnest Sadie Voyles Suzanne Johnson

The Southwest Georgia Probate Judges met January 22, 2008, at Crawdaddy's Restaurant in Thomasville, Georgia, Judge Wes Lewis presiding. Judge Lewis called the meeting to order and gave the invocation. Everyone served themselves to a buffet meal.
The minutes and financial report from the previous meeting

were presented. Judge Susan Taylor made a motion to approve both reports, seconded by Judge Amy Bagwell.
Following the reports, Judge Burnette presented a clock to retired Judge Bo Earnest from Seminole County for his 38 years of service and a gift certificate to Judge Sadie Voyles for her service

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as President of our Association. Judge Lewis welcomed Judge Amy Bagwell, the new judge from Seminole County, as a member to our district.
We discussed the increase in firearms' license, Judge Taylor's custody order and many other interesting cases. Judge Suzanne Johnson reported that she will be fingerprinting applicants for firearms in her office
There being no further business, the meeting was adjourned.
Respectfully submitted, Vickie Burnette Secretary-Treasurer

In Memoriam
Judge Quillian Lynwood Bryant, Jr., died Wednesday morning, March 25, 2009, in the Doctors Hospital in Augusta, Georgia. Funeral
Judge Bryant was a lifelong resident of Louisville, Georgia. He was a 1946 graduate of Louisville Academy. He attended Georgia Southern, formerly Teacher's College, and graduated from the University of Georgia in 1956 with a law degree. He was a U.S. Air Force Veteran and had worked for the TVA. He served as the Jefferson County Probate Judge for 48 years. Please keep his family in your prayers.

Doshie H. Buford -HAZLEHURSTMrs. Doshie Buford, 89, died Friday, April 3, 2009. Funeral services were held 3P.M. Sunday at First Baptist Church of Hazlehurst. -Survivors: children, L. Kim Buford, Ted Buford; several grandchildren and great-grandchildren.

6 The Gavel Spring 2009

Something Old and Something New

Are you ready for the latest version of software for your Case Management System? After more than 14 months in development and years of planning, the Administrative Office of the Courts of Georgia is preparing to release the latest version of its Probate Court Information System (PCIS). This software will have the old look and feel that you are used to but is something completely new.
Not too many years ago, we had to call our banks weekly or
The Committee on Access and Fairness in the Courts Provides ADA Training for Local Courts
Recently, the Committee on Access and Fairness in the Courts has received several inquiries regarding the court's responsibility to provide sign language interpreters to court users. As a result, the Committee, in a collaborative effort with the State ADA Coordinator's Office has devised a training curriculum that provides an overview of the Americans with Disabilities Act and the court's role in providing reasonable accommodations, including sign language interpreters. If you are interested in having the training conducted at your court, please contact the Committee at 404-463-3927 or Mike Galifianakis at 404-463-5645 or via email at mgalifianakis@gsfic.ga.gov.

monthly to get the status on accounts or wait for the paper statement to arrive in the mail. Nowadays, we can check the status of our accounts or even move money from a secure Internet connection. The AOC is making that same level of security and service available to all Probate Courts in the State of Georgia. You will be able to conduct the business of your Court from even the oldest computer in your office with an Internet connection, from your laptop while attending training in Athens or halfway around the world from a cyber-caf.
At the Spring Training in Athens, be sure to stop by and take a look at the latest thing in case management. You can even go ahead and schedule your court's change over. The AOC is proud to continue providing this

software to you at "no cost". All you need is a computer with an Internet connection and a printer capable of printing Adobe PDF forms. By standardizing on PDF forms, the AOC can continue to provide you with reliable formatting and the versatility of printing to the newest color printer in the courthouse but also being able to print to that old laser printer at your house for those "emergency" wedding ceremonies.
Currently more than 15 courts have agreed to test this new format and they should begin testing soon. You can add your Court to the growing list by calling 1-800298-8203 today. The AOC staff looks forward to talking with you soon about our continued commitment to providing software and support to your Court.

Historic Tenure Ends June 30

When Chief Justice Leah Ward Sears was appointed to the Supreme Court bench in 1992, she became the first woman and youngest individual ever on the state's highest court. To retain her seat, she faced the voters of Georgia that same year defeating her opponent in a state-wide election. In winning election to the full six-year term, she became the

first woman to prevail in a Georgia election contest for state office.
In 2005 she succeeded Norman Fletcher as Chief Justice to become the first AfricanAmerican woman to attain such a post in any of the fifty states. Though her term as chief justice is ending, Chief Justice Sears's status as a groundbreaking jurist and Citizen of the World is not.

Chief Justice Sears, center, delivered her final State of the Judiciary Address on February 4, 2009.

Spring 2009 The Gavel 7
Retirement Fund ORveteirermveniteFuwnd Overv4iewth Quarter 2008 Fourth Quarter 2008
The Board of Commissioners of the Judges of Probate Court Retirement Fund offers the following information to the membership. As each of you know and have probable experienced the financial markets have not been good, to say the least. Three days into the fourth quarter, the US House of Representatives approved the $700 trillion Troubled Asset Recovery Plan. The plan was presented as the antidote to the toxic assets that were eating away at the US financial system. The House had turned it down days earlier, leading to a frightening 8.7% rout for the Dow Jones Industrial Average (DJIA). Many in Washington, on Wall Street, and in world financial capitals had predicted dire consequences if it did not pass on the second try.
As I write this report today, February 10, 2009, the credit crisis continues. Companies are having trouble getting financing for business and individuals see the same credit crunch in home loans, credit cards, and personal lines of credit. The good news is that your Retirement Fund has suffered losses but continues to be well funded. If there as ever been a plan that can take the "long term" approach to investing it is your Retirement Fund. The funding status of your plan is such that you and your family can rest assured your retirement benefits will be there when you are ready to retire. The Board found it necessary not to increase the Cost of Living Adjustment for retired members beyond two percent. The law authorized the Board to provide up to an additional one percent. Also, the Board is giving consideration on increasing the salary cap for 2009. The final decision will be made at the April Board meeting to be held in Athens during the Spring training. The current salary cap is $36,904.
The Fund has an asset value, as of December 31, 2008, of $48,242,000. The assets are allocated in the following manner 57% Equities, 6% Cash and 37% Fixed Income. This allocation is serving the Fund well in these trying times. For 2008, the Fund total return -24.66% compared to a Composite return of -25.48%. Currently the Fund has employed four asset managers: Silva, Great Lakes, Tradewinds, and Sage. Each of the managers have a different asset class and style of management.
During December 2008 the Fund paid retirement benefits in the amount of $197,071.07, of this amount $34,556.23 was paid to surviving spouses of former Judges. The Board needs the help of the members to insure that all new Judges are given the chance to join the Fund. There are times during the term that a Judge's status will change and the Fund office is not always aware of a new Judge. The law provides that a new Judge has up to twelve months to join the Fund. If you were a former member of the Fund and dropped out, you are eligible to rejoin the Fund in 2009 after your re-election.
The members of the Board of Commissioners of the Fund: Hon. J. Mike Greene, Jones County, Chairman Hon. Janice Spries, Houston County Hon. Johnnie Crews, Brantley County Hon. Garrison Baker, White County Retired Judge, Gary Braddy, Montgomery County Mr. Jim Larche, Governor's Designee
Should you have questions about the Fund and benefits you may contact the Fund office: 770-228-8461, FAX 770-412-1236. Mailing address: P.O. Box 56, Griffin, GA 30224.

8 The Gavel Spring 2009
New Probate Judges

Margie O'Brien David Hobby Atkinson County Ben Hill County

James McGlaun Chattahoochee County

Keith Wood Cherokee County

Kelli Wolk Cobb County

Chase Daughtrey Beth Moseley

Ann Jackson

Cook County

Effingham County Fayette County

Richie Parker Gordon County

Sue Bottoms Habersham County

Linda Mock Jasper County

Cody Cross Madison County

Heather Stuart Marion County

Spring 2009 The Gavel 9
New Probate Judges

Valerie Burley Teresa Jennings Huey Davis McDuffie County McIntosh County Pierce County

Amy Bagwell

John Terry

Seminole County Talbot County

Diane Renfroe Taylor County

Betty Johnson Telfair County

Larry Threlkeld David Rogers Toombs County Towns County

Tammy Thornton Wayne County

Sheri Blevins Whitfield County

Thomas Charping Wilkes County

10 The Gavel Spring 2009
Photo Gallery

Spring 2009 The Gavel 11
Athens, GA
April 2009

12 The Gavel Spring 2009

How to Manage & Protect Local Government Records
Workshop sponsored by the Georgia Historical Records Advisory Board (GHRAB), Georgia Archives and Friends of the Georgia Archives

Register now to receive all-day training on best practices of records management and critical elements of disaster preparedness. Topics include: Core Elements of Records Management, Risk Assessment, Conducting a
Records Inventory, Disaster Response & Recovery, and Legal Issues. Attendees will
receive a Records Inventory Form with instructions, Emergency Response and Salvage
Wheel, and Disaster Plan Template. Instructors are Georgia Archives staff Andrew Taylor
and Christine Wiseman.

Who Will Benefit: Counties, Municipalities, Consolidated Governments, Superior/ Probate/Magistrate Courts, and School Systems.

Dates and Locations: May 19 Tuesday Morrow, Georgia Archives June 4 Thursday Gainesville, City of Gainesville July 15 Wednesday Statesboro, Bulloch County Probate Court July 30 Thursday Cordele, Crisp County Judicial Center

Time: 9:00 a.m. to 4 p.m. (lunch will be on your own) Registration Fee: $20

To Register:

Copy this table into an Email, Fill in the blanks, Send to ebarr@sos.ga.gov

14 days before date of workshop. Then mail registration check.

Workshop Date & Location:

Organization Name and Address:

Name: Title: Email: Telephone: Date You Will Mail Check:

Mail check payable to "Friends of the Georgia Archives" to: GHRAB, Georgia Archives, 5800 Jonesboro Road, Morrow GA 30260
If you can not attend but would like more information, please contact GHRAB at 678364-3718 or ebarr@sos.ga.gov.

Spring 2009 The Gavel 13
Traffic/Misdemeanor Jurisdicton Committee Report

14 The Gavel Spring 2009

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16 The Gavel Spring 2009
Save the Date(s)...

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. scheduled to meet

FBI NICS Trainings* June 24, 2009 Clarke County
Athens-Clarke County Streets & Drainage Facility Athens, GA
June 25, 2009 Union County North Georgia Tech Blairsville, GA
*RSVP attendance with LaShawn Murphy murphyla@gaaoc.us

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